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HomeMy WebLinkAbout01-086;,, i 5~~ ;f WHEREAS, the County of Butte receives program income from various State of California Community Development Block Grants; and WHEREAS, Community Development flock Grant regulations allow program income to be disbursed into revolving loan funds established to utilize program income; and WHEREAS, the Board of Supervisors approved Resolution No. 49-47 on March 23, 1999, adopting a Reuse Plan Governing Program Income from Community Development Block Grants; and WHERF,AS, an amendment to the adopted Reuse Plan Governing Program Income from Community Development Block Grants is required in order to name the departments which serve as lead agency for various types of Community Development Block Grants, to clarify the process to be used to allocate funds, and to incorporate a new report within the reporting system to assist in tracking of program income. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte does hereby adopt the document entitled "Amended Reuse Plan Governing Program Income from Community Development Block Grant-Assisted Activities for the County of Butte" and attached hereto as Attachment A, PASSED AND ADOPTED by the Butte County Board of Supervisors on this 14th day of August 2001 by the following vote: AYES: Supervisors Beeler, Dolan, Roux, Yamaguchi and Chair Josiassen NOES: None ABSENT: :None NOT VOTING: None ., CUR ~ JOSIASSEN, Chair Butte County Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Offieer and Clerk of the Board of Supervisors ,~ ~eputy~.. - .- A RESOLUTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS ADOPTING AN AMENDEll REUSE PLAN GOVERNING PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANTS Re-Use Plan Governing Program Income from Community Development Block Grant (CDBG)- Assisted Activities for the County of Butte Revised 8/28/0] Need for Plan Governing Re-Use of Program Income This Re-Use Plan is intended to satisfy the requirements specified in federal statute and regulation at Section 104 (j) of the Housing and Community Development Act; referred to as "the Act," as amended in 1992 and 24 CFR 570.489 (c) (3), These statutory and regulatory sections permit a unit of local government to retain program income for CDBG eligible activities. Under federal guidelines adopted by the State of California's CDBG program, local governments are permitted to retain program income as long as the local government has received advanced approval from the state of its local plan governing program income. 'T'his plan has been developed to meet these requirements. Any Re-Use Plan amendments andfor revisions will be reviewed and approved by the Re- Use Committee after consultation with. State staff, and adopted by the Butte County Board of Supervisors. The County of Butte shall. adopt the Re-Use plan, including amendments and significant modifications to the local Plan after the citizens have had an opportunity to comment on the Plan under the County's CDBG -required Citizen Participation Plan. IL Program Income Defined Program income is defined in federal regulations at 24 CFR 570.489 (e), which specify that program income is the gross income received by the jurisdiction that has been directly generated from the use of CDBG funds. {For those program. income-generating activities that are only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG participation.) If the total amount of income generated from the use of CDBG funds (and retained by the County) during a single program year {July 1 -June 30} is less than $25,000, then these funds shall not be deemed to be program income and shall. not be subject to these policies and procedures. Casts incurred that are incidental to the generation of Program Income may be deducted from the gross income to determine the Program Income amount. Examples of program income include: payments of principal and interest on housing rehabilitation or business loans made using CDBG funds; interest earned on program income pending its disposition, and interest earned on funds that have been placed in a revolving loan fund account; net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; income (net of costs that are incidental to the generation of the income) from the use or rental of real property that has been acquired, constructed or improved with CDBG funds that is owned {in whole or in part) by the participating jurisdiction ar subrecipient. III. CDBG Re-Use. Committee Membership and Role 'The Committee will be made up of one (1) representative from the Department of Development Services, and one (I) from the Chief Administrative Office. The committee may identify ex-officio members for participation in review of specific projects, requests, and applications as would best serve the stated interest in the CDBG Re-Use Program and Housing and Community Development (HCD) regulations. Far the purposes of this plan, the Department of Development Services shall be the lead agency for ali housing and general activities and the County Administrative Office shall be the lead agency for all economic development activities. A. The CDBG Re-Use Committee will review applications and documents submitted by the respective lead agencies in request of available funds from the miscellaneous revenue as defined by HCD andlor program income as defined in Section II of this plan. Loans made under Section VI shall be exempt from review by the Re-Use Committee. The committee will ensure all funds are used to meet and further national objectives as outlined in Section I of this plan. This committee will make recommendations as to the amendment of an open CDBG grant(s) for the purpose of using program income from a revolving loan fund to fund a current activity or another CDBG eligible activity. The committee will develop guidelines, documents and utilize available expertise as needed to assure compliance with the County Re-Use Plan, government codes and HCD regulations. All Committee actions for projects equal to or greater than $51,000 will be recommended for approval to the Board of Supervisors with projects less than $51,000 being approved by the Re-Use Committee. The Department of Development Services will execute all necessary documentation for approved housing or general projects and the County Administrative office will execute all necessary documentation for approved economic development-related projects. IV. Distribution of Reuse of Program Income The County's program income will be distributed as follows: two (2) revolving loan funds (RCP's) are established to utilize program income. Program income v~rill be allocated to each RLF as follows: A. All program income generated through housing grants funded from the General and Native American Allocations will be deposited into the Housing Related RI,P; B. All program income generated through grants funded from the Economic Development Allocation will be deposited into the Business Expansion and Retention RCP; and C. "1,he County through the Re-Use Committee may reallocate up to $75,000 from 2 either RLF in any given fiscal year. The Butte County Board of Supervisors may reallocate some or all of the contributions from one RLF to the other, identified in this plan, which exceeds $75,000 in any given fiscal year subject to any limitations contained in these guidelines. For the purposes of this plan, unobligated funds exceeding 25% of the program capital for either RLF for 2 consecutive reporting quarters, as noted in the Program Income Sources and Uses report found in Exhibit A, maybe subject to recapture and reuse by the Committee on a case-by-case basis. Unliquidated obligations shall be defined as orders, commitments, contracts, grants, subgrants, goods or services awarded or received that will require a payment during the current or future period by the applicable RLF. V. Housing Related RLF This fund will be used for the purpose of making loans to rehabilitate residential units occupied by households, which have an annual income, of 80 percent (80%), or less of the County's median income. At least 51 percent (51 %) of the funds expended in a program year for activities funded under this RLF shall be used on revolving activities. No more than fifteen percent {15%) of the program income expended during the year shall be expended for housing rehabilitation grants. No more than sixteen percent (16%) of the funds expended from this RLF shall be used for activity delivery costs. No more than eighteen percent (18%) of the amount expended annually maybe used for general administrative costs related to this RLF activity. Total expended for non-revolving activities {grants, activity delivery costs, and general administration) shall not exceed forty-nine percent (49%) of the total funds expended during the program year (July 1 - June 30). The County reserves the right to adjust these limitations consistent with existing State policy or specific exemptions approved by the State. The review and funding of requests for CDBG loan or grant assistance under the RLF shall be conducted under the Housing Rehabilitation Program Guidelines that may be issued from time-to-time by the State. All assistance provided to activities under this RLF shall be made for activities that are located within the County's jurisdiction. Applicants will complete the CDBG Re-Use Housing Related loan application to apply for a CDBG loan or grant. The loan application will be submitted to the CDBG Re-Use Committee for review. Upon Re-Use Committee approval, the loan or grant will be awarded subject to the limitations found in Section III.B. For the purposes of this section, Development Services shall determine the appropriate use and level of support necessary to alleviate identified rehabilitation problems. The Butte County Housing Related RLF will finance the following types of activities and related costs or other means for the improvement of residential. dwelling units occupied by the lower-income households, as defined by the current Grant Management Manual, Eligibility and Income Limits. A. Emergency home repair including but not limited to roofs, foundations, and siding; B. Energy efficiency improvements in residential structures; C. Residential handicapped access improvements; D. Payments to cover homeowner's hazard insurance premiums, encumbrances of existing liens, in conjunction with housing rehabilitation, or to secure the County's previous investment of rehabilitation services with CDBG funds. If such payments are made, the County or it's designee may, in it's sale discretion, add such payments to the principal amount that the OwnerBorrower is obligated to pay under the program; E. Costs related to the inspection, testing, and abatement of lead base paint and asbestos removal; and F. Provide down payment assistance for eligible target income renters to purchase their dwellings. Down payment assistance maybe in the form of low interest loans for up to 14% of the purchase price of the home. Eligibility a. Must be a first time home buyer with no home ownership in the last three years; b. Subject home or applicant must be in the unincorporated area of Butte County ; c. Must be a Butte resident for the past two years; and d. Purchase must meet the most current CDBG income guidelines. Must have occupied the subject residence for a minimum of 6 months as a renter. 2. Term a. Most loans shall be made based on the County's current rehabilitation loan standards; and b. Loans may be fully deferred in order to provide needed. gap financing. If the activities funded under the RLF are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in this RLF shall be expended prior to drawing down funds from the State CDBG program. VI. Business Expansion and Retention RLF This fund will be used to provide "gap" financing for businesses that can document the need for CDBG assistance and that will create or retain qualifying permanent jobs that will be principally filled by members of households which have an annual income that is eighty percent (84°l0) or less of the County's median household income, adjusted for size. At lease fifty-one (51 °I°) of the funds expended in a program year for activities funded under this RLF shall be used on revolving activities (i.e., loans}. No more that twenty percent (24%) of the program income funds received during the program year shall be expended for grants for public infrastructure improvements that are needed to 4 accommodate a specific business expansion or retention projects. No more than 1 1% of the total funds expended for business activities shall be used for activity delivery costs. Up to eighteen percent (18%) of the amount expended annually maybe used for general administrative costs related to this RLF activity. Total expended for non-revolving activities (grants, activity delivery costs, and general administration) shall not exceed forty-nine percent (49%) of the total funds expended during the program year {July 1 - June 30). Any loan applications will be submitted to the Tri-County Economic Development Corporation for approval subject to the general loan criteria found in Exhibit B. Any funding application for non-revolving activities will be submitted to the County Administrative Office (CAO). The CAO will review the application for eligibility and completeness with a recommendation for funding forwarded to the Re-Use Committee. The CAO may use the Tri-County EDC on a case-by-case basis to perform underwriting functions under applicable federal guidelines specified below. The County reserves the right to adjust these ].imitations consistent with existing State policy. The County reserves the right to contract out all or part of the Business Expansion and Retention RLF as needed necessary to ensure compliance and management of this RLF. If the activities funded under the RLF are for the same activities as those funded under an open State CDBG grant agreement, then the funds available in the RLF shall be expended prior to drawing down funds from the State CDBG program. The review and funding of requests for CDBG loan or grant assistance under this RLF shall be conducted under the federal underwriting guidelines specified at 24 CFR 570.482 (e) which by adoption of this Re-Use Plan, are incorporated by reference to the RLF's project review procedures. Any activity requesting funding under this RLF shall be deemed to be eligible under Section 570.482 and Section 105 (a) of the Act and shall be determined to provide sufficient public benefits as specified under Section 570.482 (f). any CDBG assistance for infrastructure shall. meet the requirements of Section 570.483 (b) (4) (F), which requires ongoing jab tracking for all businesses that initially, benefit from an infrastructure project as well as any subsequent businesses benefiting from these improvements. All assistance provided to activities under this RLF shall be made for activities that are located within the County's jurisdiction. unless otherwise approved by proper authority. A. General Program income received by the RLF's shall be substantially expended at the end of the Program Year, which is defined as July 1 to June 30. The County shall comply will all State CDBG reporting requirements, including submittal of an annual Grantee Performance Report and Environmental Review for each RLF and submittal of the required Annual Program Income Report. The County shall ensure that the use of program income under the Plan complies with all CDBG program requirements. The County shall utilize the latest available State CDBG program Grant Management Manual to ensure ongoing compliance with CDBG requirements.