Loading...
HomeMy WebLinkAbout12 CODE ENF GRANT 03-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 12 MEETING DATE: MARCH 17, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT GRANT PROGRAM SUMMARY: The City of Tustin is eligible to compete for Code Enforcement Grant Program (CEGP) funds administered through the State Department of Housing and Community Development (HCD). The new CEGP will provide grant funding only for capital expenditures that supplement or complement local code enforcement and compliance activities. If approved by HCD, the requested grant of $150,000 will be used to purchase a field unit module, an interactive voice response module, a business license module, a Pictometry (oblique aerial photography) module, and one vehicle. These capital expenditures will supplement existing local funding and will improve the effectiveness of the City's code enforcement programs related to housing code maintenance and compliance. Staff recommends that the City Council authorize the Community Development Director to submit the grant and execute all documents within the scope of the grant program. RECOMMENDATION That the City Council adopt Resolution No. 0344 authorizing the Community Development Director to submit to HCD an application to participate in the Code Enforcement Grant Program and designate the Community Development Director or designee as the agent for the City to coordinate, process, and execute all documents within the scope of the grant program. The grant will be used to purchase various equipment and computer systems to enhance the current Code Enforcement Program and improve coordination with other City Departments and Divisions. FISCAL IMPACT There is no fiscal impact to the City's general fund. Local financial or resource leveraging to support the program is accomplished with existing staffing and operating costs through the general fund. City Council Report Code Enforcement Grant Program March 17, 2003 Page 2 BACKGROUND/DISCUSSION On February 14, 2003, HCD announced the availability of $4.75 million dollars in funding for local code enforcement via a Notice of Funding Availability (attachment A). The CEGP is a new grant program available to cities and counties for capital expenditures that improve the effectiveness of existing local code enforcement programs related to housing code maintenance and compliance. Grants will be awarded for a term of three years and the grant amount has a minimum and maximum of $30,000 and $300,000, respectively. The new CEGP was established by Senate Bill 1227 (Chapter 26, Statutes of 2002) under HSC section 53533(a)(6); the funding was approved as part of Proposition 46 (2002). This grant program will continue to capitalize and build on interdisciplinary, community-oriented code enforcement and preservation concepts, but will provide grant funding only for capital expenditures that supplement or complement local enforcement and compliance activities. The requested grant for $150,000 will be used to purchase several computer system modules to increase efficiency, improve coordination, and reduce response time. For example, the field units and business license modules would allow staff to access permit and business license records in the field. Thus, a reduction on the number of trips and an improvement in the response time are realized. Although the grant program does not explicitly require a monetary local match, the City's application proposes the use of in-kind services to satisfy the "Local Financial and Resource Leveraging" requirement. This will include the City's cost of existing staff and operating cost paid from the General Fund. No expenditure of additional general funds is necessary. Elizabeth A. Binsack Community Development Director Attachments: Resolution No. 03-44 Attachment A-Notice of Funding Availability RESOLUTION NO. 03-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AUTHORIZING THE SUBMITTAL OF THE CODE ENFORCEMENT GRANT PROGRAM GRANT APPLICATION, THE INCURRING OF AN OBLIGATION, THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A CODE ENFORCEMENT GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT. WHEREAS, the California Department of Housing and Community Development (herein referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for Code Enforcement Grant Program (CEGP) established by SB 1227 Burton (Chapter 26 of the Statues of 2002), Health and Safety Code section 53533(a)6. Pursuant to the statute, HCD is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA and program application forms; WHEREAS, the City of Tustin wishes to apply for and receive an allocation of funds through the CEGP; NOW THEREFORE BE IT RESOVED, the City Council of the City of Tustin resolves as follows: Section 1: The Director of Community Development of the City of Tustin is authorized to submit to HCD an application to participate in the Code Enforcement Grant Program in response to the NOFA issued February 14, 2003, which will request a funding allocation in an amount of not to exceed $150,000 for the purchase of the capital assets identified in the application to be used in the City of Tustin. The application also commits the City to use, support, and maintain the capital assets acquired with grant funds for at least three years. Section 2: If the application for funding is approved, the Director of Community Development hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by HCD and in accordance with the NOFA and application package. It also may execute any and all instruments required by HCD for participation in the Code Enforcement Grant Program. Section 3: The Director of Community Development is authorized to execute the application, standard agreement, documents, certifications, contracts, or other instruments as may be required by HCD for participation in the Code Enforcement Grant Program. City Council Resolution 03-44 Page 2 of 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003. TRACY WILLS WORLEY Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 03-44 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-44 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk ATTACHMENT A NOTICE OF FUNDING AVAILABILITY STATE OF CAUFORNIA_ BUSINESS: TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS: Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS 1800 THIRD STREET, SUITE 260, P.O. BOX 1407 SACRAMENTO, CALIFORNIA 95812-1407 (916) 445-9471 FAX (916) 327-4712 From TDD Phones 1 (800) 735-2929 NOTICE OF FUNDING AVAILABILITY (NOFA) Code Enforcement Grant Program (CEGP) February 14, 2003 The Department of Housing and Community Devebpment (HCD), Division of Codes and Standards, is pleased to announce the availability of $4,750,000.00 in funding for housing code enforcement assistance grants from the HCD's Code Enforcement Grant Program (CEGP). Purpose The CEGP is a new program with the aim of making grant funds available to cities, counties, and cities and counties for capital expenditures that improve the effectiveness of and supplement existing local funding for code enforcement programs related to housing code maintenance or compliance. To be eligible applicants must demonstrate the intent to ensure cooperative and effective working relationships between code enforcement officials, local prosecutorial agencies, local health department, local building and planning departments, policing agencies, local housing agencies or other agencies participating in an interdisciplinary approach to housing code enforcement. Assembly Bill 2867 (Chapter 82, Statutes of 2000) as subsequently amended, established HCD's initial Community Code Enforcement Grant Program and the Code Enforcement Incentive Program in Chapter 8, commencing with section 17998 of the HSC. These demonstration programs funded increased code enforcement staff and resources to improve and preserve existing housing through maintenance and community-oriented code enforcement efforts. The new CEGP was established by Senate Bill 1227 (Chapter 26, Statutes of 2002) under HSC section 53533(a)(6); the funding was approved as part of Proposition 46 (2002). The new CEGP will continue to capitalize and build on interdisciplinary, community-oriented code enforcement and preservation concepts, but will provide grant funding only for capital expenditures hat supplement or complement local code enforcement and compliance activities. Provisions of the HSC govern this NOFA and its l:rogram funding commitments. Pursuant to HSC Section 53533, there will be no program regulations. In lieu thereof, this NOFA, its application forms, and the funding contracts will serve as guidelines for the applications, awards, ~mmitment, use of funds, and applicable program requirements. Complete threshold requirements, rating and ranking criteria and the leveraging or capacity requirements will be set forth in the application process documents. Program Summar~ CEGP will provide grant funds to eligible applicants for capital expenditure costs (see definition and examples, below) that complement a proposed or an existing local building code enforcement program incorporating components and characteristics described in this NOFA. Frequently there is insufficient funding at the local level for capital expenditures used in the daily operation of code enforcement activities, including the tools and equipment necessary to identify and abate housing code violations in a timely and coordinated process. Effective code enforcement is necessary to protect public health and safety, to preserve affordable housing that could otherwise be lost through closure or demolition, and to avoid displacement of owners and renters. HCD will award the code enforcement grants on a competitive basis. CEGP staff will review all grant applications for completeness and compliance with this NOFA. Applications will then be rated and ranked based on criteria described in this NOFA. There is ro formal match requirement; however, the leveraging of other funds or resources will be necessary in order to demonstrate the capacity to use the grant-financed acquisitions. Equipment acquired or enhanced with grant funds must have a useful life of at least two years, or if acquiring or rehabilitating tangible physical property that property must have a useful life of 15 years. For the purposes of this program grantees must agree to monitoring and reporting for a three year grant period. Eligible Aoolicants The applicant must be a city, county, or city and county. The applicant may apply for capital assets for use in its own jurisdiction, or it may apply to use them on behalf of itself and other jurisdictions working together under a Memorandum of Understanding ("MOU"), ordinance, or other contract arrangement. The entity submitting the application must be the primary agency responsible for housing code enforcement in its jurisdiction (only one application per jurisdiction will be accepted). This may be the building department, the health department, a code enforcement department, planning and land use department, housing/redevelopment agency, or a police or fire department, etc. The applicant must have a local housing code enforcement component or program in place or under contract for one. This may be a building department, health department or other local department that currently only documents or responds to complaints, or it may be an existing interdisciplinary, proactive code enforcement agency. The applicant must d~monstrate anticipated ongoing program funding for the duration of the three year grant program which is adequate to support effective use of the grant-financed capital expenditures. Eligible Programs and Activities The funds must be used for capital assets, as defined in this NOFA, that will be dedicated to local housing code enforcement within the applicant's jurisdiction or other jurisdictions it serves pursuant to an MOU or other contractual agreement and must supplement the applicant's existing funding for its code enforcement program, including program costs related to the capital expenditures, soft costs or staffing. The proposal must identify each capital expenditure, its estimated cost, its use, its anticipated useful life, and a detailed discussion describing the benefit provided to the code enforcement program, the community and the existing housing stock The proposal must identify, in general terms, the nature, source, and timing of the other funds or resources to be used to support the use, soft costs, maintenance, and other ongoing expenses related to the capital expenditure during the three-year grant period. The proposed or existing code enforcement program should incorporate interdisciplinary coordination, using, for example, building, health, planning, police, fire, prosecutorial, and/or housing finance staffing or other resources for outreach/education and/or inspections and, to the extent feasible, include a community-oriented component. Grant Amounts The rmximum grant to a single recipient shall not exceed lhree hundred thousand ($300,000), and the minimum grant to a single recipient shall not be less than thirty thousand dollars ($30,000). Eligible Uses of Funds A local code enforcement agency must use the grant funds for the acquisition or construction of a capital asset that complements its housing code enforcement program The following are the statutory definitions of a capital asset as pursuant to Govemment Code Section 16727: The acquisition or construction of tangible physical property with an expected useful life of 15 years or more; Major maintenance, reconstruction, or retrofitting of a capital asset; Capital assets such as equipment with an expected useful life of two years or more; and Expenditures that continue or enhance the useful life of a capital asset. The following expenditures are examples of eligible costs. However, this is just a partial list of eligible costs and the Department encourages proposals for other capital expenditure items. Where funds are used for the purchase of equipment, that equipment MUST have an anticipated useful life of two years. Vehicles and Related Equipment ~ RV, special purpose commercial modular (portable office), or outreach trailer; ~ Passenger trucks or automobiles (for inspectors); and ~ Garbage dumpsters/storage containers. Electronic Equipment ~ Computers: laptop or desktop, modems, wireless transmission equipment, printers, etc., along with appropriate accessory equipment; ~r Computer network or host server equipment necessary to support interdisciplinary coordination including appropriate software; ~ Radios, cell phones, walkie-talkies, or other communication systems and routine accessories; ~r Wireless communications equipment; global positioning system equipment and related software; m CD reproduction equipment; and m Cameras (single-shot and/or movie); movie or projection equipment. Office/Neighborhood Outreach Equipment ~ Office building improvements to support code enforcement and/or additional inspectors; ~ Office equipment, meeting, demonstration or communication equipment. Inspection Equipment ~ Lead paint testing equipment; ~ Surveillance cameras to record illegal dumping or graffiti; ~ Metal or good quality reusable street or posting signage, and equipment to secure unsafe structures such as metal fencing or street barricades; ~' Street or security lights; ~ Equipment for vector or mosquito control; ~ Resource library for code enforcement officers; ~' Specialized equipment to rent or lease (e.g., tractor "claws" for neighborhood clean-up's); and ~ Code enforcement safety equipment. Property Owner/Tenant Equipment ~ Jurisdiction-owned equipment, for use by public staff or to loan to property owners; and ~ Jurisdiction-owned graffiti removal equipment. Ineligible Uses of Funds Examples of ineligible expenditures include the following: which are operating costs or supplies (rather than capital costs), do not enhance or extend the life of a capital asset, are staff costs, or do not have a two-year useful life. Operating costs or supplies such as: gasoline, oil, insurance, maintenance for vehicles (unless included in lease cost); Garbage bags or dump fees; Contracts for certification or training related to equipment, programs, etc.; Consultants to develop customized software; Monthly communication system fees or intemet fees; General "operating supplies" or "consumable s" (examples: film, non-rechargeable batteries, paper, toner, etc.); Paper flyers or brochures related to specific events or which are "throw-away" in nature; and Costs related to development of public service announcements (written or electronic) educational materials, websites, translations, etc.; and Consumer tool boxes. The determination of whether a proposed acquisition is an elig~le capital expenditure is within HCD's sole discretion. If HCD determines a proposed expenditure is ineligible, or determines that an item's cost is not reasonable or staff capacity is inadequate to properly support the item, HCD may either eliminate the item from the application or modify the request to be consistent with the NOFA. If HCD's action reduces an application to less than the minimum threshold amount, this reduction will not result in disqualification unless the amount remaining to be awarded, in HCD's sole discretion, is too small to substantially support a code enforcement program or would place a disproportionate administrative burden on HCD. Local Financial and Resource Leveraging Although the CEGP program does not explicitly require a monetary local match, the Department believes it is necessary and appropriate to require resource or financial leveraging for the grants in the form of funding for personnel and soft costs necessary to make effective use of the grant-financed acquisitions. Applicants must provide a detailed accounting of where these funds will come from and how they will be used. For example, if the State-approved grant funds are used to purchase a vehicle, the grantee will be required to guarantee the personnel and operating costs (as local financial and resource leveraging) for the three-year grant period. Grant Terms and Limits Grants will be made for a term of three years. However, grant funds may be drawn down immediately after the execution of the Standard Agreement and Department approval of the item to be purchased. Grants will be ' subject to conditions set forth in a Standard Agreement (Contract). Grantees will be responsible for reporting on the fund usages and effectiveness of their code enforcement activities. Rating and Ranking of Applications Eligible applications, that are complete and meet all the threshold requirements, will be rated and ranked according to the following criteria. These complete applications will be compared one to another and points assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. Criteria 1. Need and Community Benefit from Code Enforcement Grant Funds The degree to which the application demonstrates the jurisdiction's need for the proposed capital expenditure and the benefits provided to the local code enforcement program. Where applicable, describe joint benefits for interdisciplinary code enforcement, any housing preservation support, or community benefits. a.) A detailed description of the capital expenditures to be acquired with grant funds and demonstrate that the items' costs are reasonable. 0-10 points b.) The jurisdiction's need for the capital expenditure and how the grant funds will fulfill this Maximum Points 3O need. 0-10 points c.) The joint benefits provided by the proposed expenditure for the following groups or activities. Provide a brief explanation of the benefit. (1 points will be awarded for each response, 5 point maximum) 0- 5 points 1. Code enforcement program 2. Community or jurisdiction 3. Interdisciplinary code enforcement team 4. Housing preservation, rehab programs, or neighborhood improvement programs 5. Special needs groups (disabled, elderly or low or very-low income, etc.) d.) Does the proposed capital expenditure provides a cost savings benefit to the jurisdiction? Provide a brief explanation of the cost savings. 0- 5 points 2. Current Code Enforcement and Housing Conservation Plan Has the legislative body adopted a "plan" which addresses residential structure conservation and code enforcement? (It may be the housing element currently in effect, a Consolidated Plan, or another formal document adopted by the local jurisdiction.) From the following list, select one description that best reflects your jurisdiction's "plan" for code enforcement activities. Points will be awarded as follows: a.) The plan provides for proactive code enforcement (not just responding to complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation; 10 points b.) The plan only provides for proactive code enforcement (not just responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation; 8 points c.) The plan provides for some type of proactive code enforcement (other than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options; 6 points d.) The plan provides for only reactive code enforcement; 4 points e.) The plan only refers to a need to preserve and/or improve existing housing stock, without any code enforcement program; or 2 points f.) No existing plan 0 points 10 3. Community-Oriented or Interdisciplinary Code Enforcement The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between code enforcement officials and other local agencies, as well as, a community-oriented approach to code enforcement. a.) Identify current or proposed interdisciplinary code enforcement programs or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points b.) Identify current or proposed community-oriented code enforcement programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points 2O 4. Proactive Code Enforcement Activities The effectiveness of the proposed or existing proactive activities and programs operated by the code enforcement program. Describe the activities or programs that include the following: a.) Encourages repairs and preservation, rather than demolition or abandonment, of substandard residences. 0-5 points b.) Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and dampness, and (c) displacement or relocation of residents. 0-5 points c.) Community clean-up campaigns. This may include but is not limited to recycling dates, free or reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc. 0-5 points d.) Resource or referral programs for local, state, federal and private funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectify code violations. 0-5 points e.) Public education programs on housing issues. These could include but are not limited to community housing meetings dealing with homeownership, tenant-landlord issues, housing code enforcement, school age children programs with coloring books or handouts, housing safety pamphlets, etc. 0-5 points f.) Programs that encourage community involvement with groups; such as schools, churches, r community service groups, utility companies, local stores, housing agencies, banks, etc. 0-5 points 5. Capacity to financially and technically support proposed capital expenditures The degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant. a.) The anticipated ongoing program funding for the duration of the three-year grant program is adequate to financially support the use of the grant-financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.) 0-5 points b.) The jurisdiction has the technical capabilities to use and support equipment.(examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or two-way radios, trained personnel to operate equipment, etc.) 0-5 points TOTAL POINTS AVAILABLE: 30 10 100 Geographic and Demographic Diversity To ensure geographic and demographic diversification of the grant awards, upon the completion of ranking and rating, at least one highest ranking jurisdiction will be selected from each of the following categories: Northem urban county Southem urban County Central Coast county Northern urban city Southem urban city Central Valley city Northem rural county Southern rural county Central Coast county Northem rural city Southem rural city Central Valley city It is likely that a single funded applicant may fulfill one or mom of the above jurisdictional and/or regional categories. Application Request Applications must be on forms provided by HCD. Applications are available online at www.hcd, ca.gov, by writing or calling for an application package at the address or telephone number listed below, or by email at tgrossi~hcd.ca, gov. One completed original application must be received by HCD, no later than 5:00 p.m. on Friday, April 4, 2003. No facsimiles will be accepted. It is anticipated that funding announcements will be made in May, 2003. U.S. Mail Teresa Grossi, Department of Housing and Community Development Code Enforcement Grant Program P.O. Box 1407 Sacramento, CA 95812-1407 Phone Number (916) 445-9471 Private Carrier Teresa Grossi Department of Housing and Community Development Code Enforcement Grant Program 1800 Third Street, Suite 260 Sacramento, CA 95814 Legal Information HCD reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA. If such an action occurs, HCD will notify all interested parties. Applicants are urged to carefully review this NOFA and the application documents before submitting the application. Information and Assistance HCD staff is available to answer questions regarding the iprogram or the submitting of the application and attachments. Please call Teresa Grossi for assistance or additional information at (916) 445-9471. Additionally, HCD will convene two applicant workshops to answer questions and provide technical assistance, at: Northern California February 21, 2003 10:00 a.m. to 2:00 p.m. Housing and Community Development 1800 3rd Street, Suite 183/185 Sacramento, CA 95828 Southern California February 25, 2003 10:00 a.m. to 2:00 p.m. Housing and Community Development 3602 Inland Empire Blvd., Suite C220 Ontario, CA 91764 Thank you for your interest in the Code Enforcement Grant Program. Sincerely yours, Norman Sorenson Deputy Director