HomeMy WebLinkAboutRES CC 1994 1007 1994 0202RESOLUTION NO. 94-1007
RESOLUTION OF THE CITY OF MOORPARK AUTHORIZING
REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS FOR EMERGENCY SERVICES AND REPAIRS
WHEREAS, the City entered into a Cooperation Agreement (hereinafter referred to as
"the Agreement ") with the County of Ventura (hereinafter referred to as "County ") on July 30,
1991, as amended on October 10, 1991; and
WHEREAS, the purpose of the Agreement was to cooperate in undertaking urban
renewal and publicly assisted housing within the City; and
WHEREAS, the Federal and State governments have declared the County of Ventura
to be a Disaster Area as a result of the earthquake which occurred on January 17, 1994; and
WHEREAS, the Federal office of Housing and Urban Development (hereinafter referred
to as HUD) has notified the County that because of the serious property damage within the
County that HUD will, upon request of the County, reallocate the 1994 CDBG funds to allow
interim emergency assistance to the affected areas; and
WHEREAS, the City recognizes that while HUD has stated an intention to provide
replacement funds that such a reallocation may result in a lack of funding as anticipated under
the Agreement for 1994 for the projects set forth therein; and
WHEREAS, the City is also cognizant that a reallocation of the CDBG funds would be
of immediate and necessary benefit to the affected areas;
NOW, THEREFORE, the City Council of the City of Moorpark does resolve as
follows:
02 -02 -94 /fin. DPR
Section 1. That the City hereby joins with the County in requesting a reallocation
of the 1994 CDBG funds which were anticipated to be used under the Agreement, the purpose
of such reallocation being to benefit the areas of the City and County damaged in the earthquake;
and
Section 2. The City does not waive any rights to future HUD funding which was
anticipated in the 1994 CDBG program under the terms of the Agreement.
PASSED, APPROVED and ADOPTED this 2nd day of February1994.
City of Moorpark
By:
Paul W. ason Jr., Ma
ATTEST:
AS /LAW94005 /MIS /01 /27/94 02 -02 -94 /fin. DPR
to
USES FOR CDBG TO ADDRESS AN URGENT HEALTH AND SAFETY NEED
ATTACHMENT "B"
otherwise promote religious interests. This limitation
includes the acquisition of property for ownership by
primarily religious entities and the construction or
rehabilitation (including historic preservation and
removal of architectural barriers) of structures owned by
such entities (except as permitted under paragraph (j) (2)
of this section with respect to rehabilitation and under
paragraph (j) (4) of this section with respect to repairs
undertaken in connection with public services) regardless
of the use to be made of the property or structure.
Property owned by primarily religious entities may be
acquired with CDBG funds at no more than fair market value
for a non - religious use.
(2) CDBG funds may be used to rehabilitate buildings owned by
primarily religious entities to be used for a wholly
secular purpose under the following conditions:
(i) The building (or portion thereof) that is to be
improved with the CDBG assistance has been leased to
an existing or newly established wholly secular entity
(which may be an entity established by the religious
entity) ;
The CDBG assistance is provided to the lessee (and not
the lessor) to make the improvements;
(iii) The leased premises will, be used exclusively for
secular purposes available to persons regardless of
religion;
(iv) The lease payments do not exceed the fair market rent
of the premises as they were before the improvements
aie made;
(v) The portion of the cost of any improvements that also
serve a non - leased part of the building will be
allocated to and paid for by the lessor;
(vi) The lessor enters into a binding agreement that unless
the lessee, or a qualified successor lessee, retains
the use of the leased premises for a wholly secular
purpose for at least the useful life of the
improvements, the lessor will pay to the lessee an
amount equal to the residual value of the
improvements;
(vii) The lessee must remit the amount received from the
lessor under subparagraph (2) (vi) of this section to
the recipient or subrecipient from which the CDBG
funds were derived.
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f
The lessee can also enter into a management contract
authorizing the lessor religious entity to use the building
for its intended secular purpose, e.g., homeless s`ielter,
provision of public services. In such case, the religious
entity must agree in the management contract to carry out the
secular purpose in a manner free from religious influences in
accordance with the principles set forth in paragraph (j)(3)
of Chis section.
(3) As a general rule, CDBG funds may be used for eligible
public services to be provided through a primarily
religious entity, where the religious entity enters into
an agreement with the recipient or subrecipient from which
the CDBG fund are derived tint, in conrlectio;i with the
provision of such services:
(i) it will not discriminate against any employee or
applicant for employment on the basis of religion an"'
will_ not limit employment or give preference in
employment to persons on the basis of religion;
(ii) t will not discriminate against any person applying
for such pual?c services on the basis of religion and M
will not limit such services or give preference to
persons on the basis of religion;
(i -AI i) it w?-,1 provide no religious instruction or
counseling, con6uct no religious worship or services,
engage in no religious proselytizing, and exert no
other religious influence in the provision of such
public services;
(iv) the portion of a facility used to provide the public
services shall contain no religious symbols or
c.ecorations, other than those permanently affixed to
or part of the structure.
(4) Where the public services provided under paragraph (j)(3)
of this section are carried out on property owned by the
primarily religious entity, CDBG funds may also be used
for minor repairs to such property which are directly
related to carrying out the public services where the cost
constitutes in dollar terms only an incidental portion of
the CDBG expenditure for tie public services.
1 570.201 Basic eligible activities.
CDBG funds may be used for the following activities:
(a) Ac uisition. Acquisition in whole or in part by the
recipient, or other public or private nonprofit entity, by
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purchase, long -term lease, donation, or otherwise, of real
property (including air rights, water rights, rights -of -way,
easements, and other interests therein) for any public
purpose, subject to the limitations of § 570.207.
(b) Disposition. Disposit."on, through sale, lease, donation, or
otherwise, of any real property acquired with CDBG funds or
its retention for public purposes, including reasonable costs
of temporarily managing such property or property acquired
under ur`)an renewal, provided that the proceeds from any such
di.sposi.tion shall be program income subject to the
requirements set forth in 1 570.504.
(c) Public facilities and �improvements. Acquisition,
construcE on,_ reconstruction, reconstruction, ation or installation
of public facilities and improvements, except as provided in
§ 570.207(a), carried out by the recipient or other public or
private nonprofit entities. In undertaking such activities,
design features and improvements which promote energy
efficiency may be incluled. Such activities may also include
the execution of architectural design features, and similar
treatments intended to en7hance the aesthetic quality of
facilities and improvements receiving CDBG assistance, such as
decorative pavements, railings, sculptures, pools of water and
fountains, and other works of art. Facilities designed for
use in providing shelter for persons having special needs are
considered public facilities and not subject to the
prohibition of new housing construction described in
§ 570.207(b)(3). Such facilities include shelters for the
homeless; convalescent homes; hospitals; nursing homes;
battered spouse shelters; halfway houses for run -away
children, drug offenders or parolees; group homes for mentally
retarded persons and temporary housing for disaster victims.
In certain cases, nonprofit entities and subrecipients
including those specified in § 570.204 may acquire title to
public facilities. when such facilities are owned by
nonprofit entities or subrec!_pients, they rhsll be operated so
as to be open for use by the general public during all normal
hours of operation. Public facilities and improvements
eligible for assistance under this paragraph are subject to
the policies in § 570.200(b).
(d) Clearance activities. Clearance, demolition, and removal of
bu-i33ings an3�iiprovements, including movement of structures
to other sites. Demolition of HUD- assisted housing units may
be undertaken only with the prior approval of HUD.
(e) Public services. Provision of public services (including
iaor, -supplies, and materials) which are directed toward
of improving the community's public services and facilities,
including but not limited to those concerned wit`i employment,
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(f)
crime prevention, child care, health, drug abuse, education,
fair housing counseling, energy conservation, welfare, or
recreational needs. In order to be eligible for CDBG
assistance, public services must meet each of the following
criteria:
(1)- A public service must be either a new service, or a
quantifiable increase in the level of a service above that
which has been provided by or in behalf of the unit of
general local government (through funds raised by such
unit, or received by such unit from the State in which it
is located) in the twelve calendar months prior to the
submission of the statement. (An exception to this
requirement may be made if HUD determines that the
decrease in the level of a service was the result of
events not within the control of the unit of general local
government.)
(2) The amount of CDBG funds used for public services shall
not exceed 15 percent of each grant except as provided in
paragraph (3) below. For entitlement grants under Subpart
D, compliance is based on the amount of CDBG funds
obligated for public service activities in each program
year compared to 15 percent of the entitlement grant made
for that program year.
(3) A recipient which obligated more CDBG funds for public
services than 15 percent of its grant funded from Federal
fiscal year 1982 or 1983 appropriations (excluding any
assistance received pursuant to Public Law 98 -8), may
obligate more CDBG funds than 15 percent of its grant for
public services so long as the amount obligated in any
program year does not exceed the percentage or amount
obligated in Federal fiscal year 1982 or 1983, whichever
method of calculation yields the higher amount.
Interim assistance.
(1) The following- activities may be undertaken on an interim
basis in areas exhibiting objectively determinable signs
of physical deterioration where the recipient has
determined that immediate action is necessary to arrest
the deterioration and that permanent improvements will be
carried out as soon as practicable:
(i) The repairing of streets, sidewalks, parks,
playgrounds, publicly owned utilities, and public
buildings; and
(ii) The execution of special garbage, trash, and debris
removal, including neighborhood cleanup campaigns, but
not the regular curbside collection of garbage or 40 trash in an area.
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(2) In order to alleviate emergency conditions threatening the
public health and safety in areas where the chief
executive officer of the recipient determines that such an
emergency condition exists and requires immediate
resolution, CDBG funds may be used for:
(i) The activities specified in paragraph (f) (1) of this
section, except for the repair of parks and
playgrounds;
(ii) The clearance of streets, including snow removal and
similar activities, and
(iii) The improvement of private properties.
(3) All activities authorized under paragraph (f)(2) of this
section are limited to the extent necessary to alleviate
emergency conditions.
(g) Payment of non - Federal share. Payment of the non - Federal
share required in connection with a Federal grant -in -aid
program undertaken as part of CDBG activities, provided, that
such payment shall be limited t� activities otherwise eligible
and in compliance with appl i -able requirements under this
subpart.
(h) Urban renewal completion. Payment of the cost of completing
an urban renewal project funded under Title I of the Housing
Act of 1949 as amended. Further information regarding the
eligibility of such costs is set forth in § 570.801.
(i) Relocation. Relocation payments and other assistance for
permanently and temporarily relocated individuals, families,
businesses, nonprofit organizations, and farm operations where
assistance is:
(1) Required under the provi! ;ions of § 570.606(a), (b) or (c);
or
(2) Determined by the recipient to be appropriate under the
provisions of 9 570.606(4).
(j) Loss of rental income. Payments to housing owners for losses
of rental income incurred in holding, for temporary periods,
housing units to be used for the relocation of individuals and
families displaced by program activities assisted under this
part.
(k) Removal of architectural barriers. Special projects directed
to the removal of material and architectural barriers which
restrict the mobility and accessibility of elderly or
handicapped persons to publicly owned and privately owned
buildings, facilities, and r,pro>vements.
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(]) Privately owned utilities. CDBG funds may be used to acquire,
construct, reconstruct, rehabilitate, or install the
distribution lines and facilities of privately owned
utilities, including the placing underground of new or
existing distribution facilities and lines.
(m) Construction of housing. CDBG funds may be used for the
construction of housing assisted under section 17 of the
United States
f Housing Act of 1937.
Ch) 7— tee_
S 570.202 Eligible rehabilitation and preservation activities.
(a) Types of buildings and improvements eligible for
rehabilitation assistance. CDBG funds may be used to finance
the rehabilitation of:
(1) Privately owned buildings and improvements for residential
purposes;
(2) Low- income public housing and other publicly owned
residential buildings and improvements;
(3) Publicly or privately owned commercial or industrial
buildings, except that the rehabilitation of such
buildings owned by a private for - profit business is
limited to improvements to the exterior of the building
and the correction or code violations (further
improvements to such buildings may be undertaken pursuant
to §570.203(b)) ; and
(4) Manufactured housing when such housing constitutes part of
the community's permanent housing stock.
(h) Types of assistance. CDBG funds may be used to finance the
following types of rehabilitation activities, and related
costs, either singly, or in combination, through the use of
grants, loans, loan guarantees, interest supplements, or other
means for buildings and improvements described in paragraph
(a) of this section, except that rehabilitation of commercial
or industrial buildings is limited as described in paragraph
(a) (3) of this section.
(1) Assistance to private individuals and entities, including
profit making and nonprofit organizations, to acquire for
the purpose of rehabilitation, and to rehabilitate
properties, for use or regale for residential purposes;
(2) Labor, materials, and other costs of rehabilitation of
properties, including repair directed toward an
accumulation of deferic-,_ maintenance, replacement of
principal fixtures and cnnipo,ients of existing structures,
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 94 -1007 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 2nd day of FEBRUARY , 1994, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ AND MAYOR LAWRASON
NOES: NONE
ABSENT: COUNCILMEMBER WOZNIAF.
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 4th day of FEBRUARY , 1994.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tern Councilmembee Councilmember Concilmember
Printed on Recycled Pepe