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HomeMy WebLinkAbout4.11 CDBG HOME Funds~~C.~ OF DpB~~y ~ ~9' r~-'~~. `sZ ST,4FF REPORT C 1 T Y C L E R K \~~~~i/ ~ ~ ~ DUBLIN CITY COUNCIL File # ^[~]~~-[~4 ~ ~~LIFOR~~ DATE: June 21, 2011 TO: Honorable Mayor and City Councilmembers FRO . Joni Pattillo, City Manager SUBJECT: Approval of a Three-Year Agreement between the City of Dublin and the County of Alameda for participation in the Alameda County Urban County CDBG/HOME Funds Program for Fiscal Years 2012-2013, 2013-2014 and 2014-2015 (three years) Prepared By: Gaylene Burkett, Administrative Analyst EXECUTIVE SUMMARY: Every three years, the City must decide whether to enter into an Agreement with the County of Alameda for participation in the Alameda County Urban County CDBG/HOME Funds Program to receive Community Development Block Grant (CDBG} Funds. Once the City achieves a population of 50,000 residents, the City could then be invited by the Department of Housing and Urban Development (HUD) to become an entitlement City and receive its own allocation of CDBG and HOME funds. As of the 2010 Census, Dublin's population is at 46,036. Although population projections anticipate that Dublin may reach a 50,000 in year two of the Agreement, it takes 12-18 months to prepare the required HUD documents; therefore, entering into a three- year Agreement with the County is a prudent decision at this time. FINANCIAL IMPACT: If the City of Dublin does not enter into this Agreement, the City will not receive CDBG funding for Fiscal Years 2012-2013, 2013-2014 and 2014-2015. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution approving an Agreement between the City of Dublin and County CDBG/HOME (three years). the County of Alameda for participation in the Aiameda County Urban Funds Program for Fiscal years 2012-2013, 2013-2014 and 2014-2015 ubmitted By Community Development Director COPIES TO: In-house Distribution G Revie ed Assistant City Manager ITEM NO. ~ ° I ~ Page 1 of 3 DESCRIPTION: The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program has been one of the longest continuously running programs through the Department of Housing and Urban Development (HUD). The annual CDBG appropriation is allocated between states and local jurisdictions as either "non-entitlement" or "entitlement" communities. Entitlement communities are comprised of central cities of Metropolitan Statistical Areas (MSAs); metropolitan cities with populations of at least 50,000; and qualified urban counties with a population of 200,000 or more (excluding the populations of entitlement cities). , The City of Dublin is a non-entitlement local jurisdiction and participates in the Alameda County Urban County CDBG/HOME Funds Program, technically known as the Alameda Urban County HOME Investment Partnership Program, for allotment of CDBG funds. Participation in the Alameda County Urban County CDBG/HOME Funds Program allows the City to be eligible to receive the CDBG funds that the County distributes to the Urban Cities through a formula allocation system. It further provides the opportunity of participating cities to apply for HOME funds for qualifying projects within the Alameda County HOME Consortium. Additionally, participation in the Alameda County Urban County CDBG/HOME Funds Program requires the CDBG fund . recipients to report the number and income level of Dublin residents served as mandated by HUD for participation in the CDBG program. Participation also allows for the City of Dublin to provide a Staff representative to attend the Urban County Technical Advisory Committee every other month to discuss pertinent CDBG issues regarding updates in funding criteria, compliance and regulatory issues, and to share best practice models. In addition, Dublin has a Staff member serving on the HOME Technical Advisory Committee as a representative for the Urban County Cities. Should the City want to continue participating as a member of the Alameda County Urban County CDBG/HOME Funds Program, a three year Cooperative Agreement (Exhibit A to the Resolution) from July 1, 2012 through June 30, 2015 needs to be executed with the County. The Cooperative Agreement is entered into a year prior to the beginning of the term so that HUD can establish a formula amount that will determine how much funding is made available to various jurisdictions. The 2010 Census information that was released in April indicated that the population for the City of Dublin is 46,036. Population projections prepared by Staff indicate that the City of Dublin population may reach 50,000 within this three year Agreement ,period. Based on Staff's projections, the 50,000 population mark may occur in year two of the three year Agreement. It takes between 12-18 months to prepare the necessary documents required by HUD; therefore, it is prudent to enter into this Agreement at this time. County Staff has indicated that in accordance with HUD's Urban County Qualification for Participation in the Community Development Block Grant Program, should Dublin reach 50,000 within this three year period, Dublin will continue to be included in the Urban County for the County's qualification period, even if it meets the criteria to be considered an entitlement city. In addition, the County and Dublin cannot terminate or withdraw from the Cooperative Agreement while~ it remains in effect. Page 2 of 3 Staff is recommending that the City Council adopt the Resolution (Attachment 1) approving a Cooperative Agreement between the City of Dublin and the County of Alameda for participation in the Alameda County Urban County CDBGJHOME Funds Program for Fiscal years 2012-2013, 2013-2014 and 2014-2015. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None Required ATTACHMENTS: 1) Resolution approving the Three-Year City-County Cooperative Agreement, by and between the City of Dublin and the County of Alameda included as Exhibit A. K: ICDBG12011-201213 yearAgreernentlFINAL CCSR - 3 yr Agrmt 6-21-Il.doc Page 3 of 3 l r~ ~ RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF TFiE CITY OF DUBLIN ********~********************************* APPROVING A THREE YEAR AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2012-2013, 2013-2014 ~ AND 2014-2015 (THREE YEARS) WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974; and WHEREAS, small cities with populations less than 50,000 may receive CDBG or HOME funds through agencies other than HUD such as Urban County Programs; and WHEREAS, the United States Department of Housing and Urban Development has made a determination that Alameda County may operate as an Urban County; and WHEREAS, the Alameda County Urban County Program undertakes community renewal and lower-income housing assistance primarily for the benefits of very low- to moderate-income households; and WHEREAS, the United States Department of Housing and Urban Development requires a three year agreement between cities and their respective county for participation in the Urban County Program; and WHEREAS, on June 21, 2011, the City Council received a staff report recommending participation in the Alameda County Urban County CDBG/HOME Funds Program for federal fiscal years 2012-2013, 2013-2014 and 2014-2015. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions: 1) Authorize the City of Dublin to enter into a three year agreement with the County of Alameda for participation in the Alameda County Urban County CDBG/HOME Funds Program for federal fiscal years 2012-2013, 2013-2014 and 2014-2015 (inc{uded as Exhibit A to this resolution); and 2) Authorize the City Manager to execute the above Agreement on behaif of the City of Dublin. PASSED, APPROVED, AND ADOPTED this 21 st day of June 2011. AYES: NOES: ABSENT: `~, ! 1 (o-~-I -11 ATTACHMENT 1 lJ' ABSTAIN: Mayor ATTEST: City Clerk K:ICDBG12011-201213 yearAgreementlFINAL CC Resolution for 3-year agreemer~f 6-29-11.doc / > . Y COOPERATIVE AGREEMENT This Cooperation Agreement is made and entered into on this _day of , 201 l, by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COLTNTY OF ALAMEDA_ hereinafter called "COUNTY". RECITALS: WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974, and subsequent amendments to such Act, hereinafter called "ACT"; and, WHEREAS, Title I of the ACT consolidates previously separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation loans, and affordable housing; and, ~ WHEREAS, Title I of the Act makes available entitlement grants to: -~ (1) cities whose 2010 Census population exceeds 50,000 persons; and (2) counties which qualify as an urban county; and WHEREAS, the term "urban county" means any county within a metropolitan area which: (1) is authorized under state law to undertake essential community development and housing assistance activities in its incorporated areas which are not units of general local government; and, (2) has a combined population of 200,000 or more in such unincorporated areas and in its included units of local government: (A) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded; or, (B) with which it has entered into cooperation agreements to undertake or to assist in the, undertaking of essential community development and housing assistance activities; and, WHEREAS, five cities located in Alameda County have a 2010 Census population of less than 50,000; and, WHEREAS, these same five cities may join with the County of Alameda to form a combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urban county, and be eligible for an entitlement of Community Development Block Grant {"CDBG") and HOME Investment Partnership funds; and, Cooperation Agreement Fage I EXHIBIT A TO ATTACHMENT 1 W WHEREAS, these same five cities agree that by executing this Agreement they may not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which they are participating in the Urban County's CDBG program; and WHEREAS, these same five cities agree that by executing this Agreement they may not participate in a HOME Consortium except through the Urban County, regardless of whether the Urban County receives a HOME formula allocation; and, WHEREAS, the U. S. Department of Housing and Urban Development ("HUD") has made a determination that the COUNTY has the essential powers to operate as an urban county. THEREFORE, it is agreed that: l. CITY and COLTNTY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing (the "PROGRAM") to be carried out with annual Community Development Block Grant and HOME Investment Partnership funds ("CDBG/HOME FiJNDS") from Federal fiscal years 2012, 2013 and 2014 appropriations and from any Program income generated from the expenditure of such funds. Community renewal and lower income housing assistance activities shall be those designated or referred to within Title I of the ACT and the regulations issuecl pursuant thereto. 2. To carry out community renewal and lower income housing activities, COUNTY shall distribute to CITY a portion of the CDBG funds received under the ACT from Federal fiscal years 2012, 2013 and 2014 appropriations. The funds distributed to CITY shall be determined in accordance with such needs, objectives, or strategies, as COiJNTY, in its discretion, shall decide. In preparing the needs, objectives or strategies, COIJNTY shall consult with CITY before making its determinations of funds distributions. The distribution of HOME funds to the Urban County will be based on the review and recommendations of proposals received in response to an annual RFP issued by the COUNTY. 3. It is expressly understood that as a recipient of CDBGlHOME FUNDS from HUD, COUNTY and CITY must take all actions necessary to assure compliance with the Urban County's certification as required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974 and other applicable laws, and all regulations issued pursuant thereto. Further, urban county funding for activities in or in support of any city that does not affirmatively further fair housing within its own jurisdiction or that impedes the COLTNTY'S actions or efforts to comply with its fair housing certification is prohibited. 4. Pursuant to 24 CFR 570.501(b), CITY shall be subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement set forth in CFR 570.503: Cooperation Agreement Page 2 ~ `~' 5. CITY shall inform COITNTY of any income generated by the expenditure of CDBG funds received by the CITY. CITY shall pay any such Program income to COLTNTY or CITY may retain Program income subject to requirements set forth in this Agreement and with written approval of the COL7NTY. Any Program income CITY is authorized to retain may only be used for eligible activities in accordance with all CDBG requirements as may then apply. COLJNTY has the responsibility for monitoring and reporting to HUD on the use of any such Program income and the CITY shall maintain all required and appropriate records and perform all required reporting to enable COUNTY to satisfy its monitoring and reporting obligation. In the event of close-out or change in status of CITY, any Program income that is on hand or received subsequent to the close-out or change in status shall be paid to COUNTY. 6. In regard to real property that is in within the control of CITY because it was acquired or improved in whole or in part using CDBG funds, CITY must give timely notification to COUNTY for any modification or change in the use of the real property from that planned use as of the time of acquisition or improvement including the planned or intended disposition of the real property. CITY must reimburse COUNTY in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds} of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify as a permitted use under the CDBG regulations. Any Program income generated from the disposition or transfer of real property, whether prior to or subsequent to the close-out; change of status or termination of the cooperation agreement between COIJNTY and CITY shall be paid to COUNTY. 7. CITY shall provide COUNTY with all information concerning CITY and the activities CITY carried out under this Agreement that COUNTY requires to prepare (a) documents required to be submitted to HUD, (b) annual performance report, and (c) such other documents as COLJNTY may require to carry out community renewal and lower income housing activities or meet Federal requirements. All information shall be submitted on forms prescribed by COUNTY. In addition, CITY agrees to make available upon request all records concerning the activities carried out under this Agreement for inspection by COUNTY or Federal officials during regular business hours. 8. CITY designates Cit,~~er or his/her designee as the official to whom all notices and communications from COUNTY shall be directed. Communications should be sent to: Housing Director, 224 W. Winton Avenue Room 108, Hayward, CA 94544. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated official or deputy. It is the exclusive duty of the designated official or deputy to notify the correct individuals or departments within CITY. 9. To the furthest eXtent permitted by law, CITY shall defend, indemnify and hold harmless COLTNTY, its officers, employees and agents from liability for any fines, penalties, or damage of any type accruing to COIJNTY by virtue of CITY's failure to comply with any requirement of the ACT and the regulations issued pursuant thereto, or failure to comply in any respect with the PROGRAM described herein. Further, CITY shall defend, indemnify and hold harmless COiJNTY, its officers, employees, and agents against any and all liability for injury or damage caused by any act or omission of CITY or any of CITY's employees or volunteers in the Cooperation Agreement Page 3 ~/ l.~ performance of the contract or PROGRAM and CITY shall hold COUNTY harmless from any and all loss occasioned in the performance of; or otherwise arising out of, this Agreement or PROGRAM. 10. This Agreement shall go into effect immediately upon the signature of both parties and shall continue in full force and effect until all activities funded by CDBG/HOME FUNDS from Federal fiscal years 2012, 2013 and 2014 appropriations are completed or otherwise terminated. 11. Either party may terminate this Agreement by giving 30 days prior written notice to the other party of termination provided that the CITY shall not have the right to terminate this agreement prior to the end of Federal fiscal year 2014. CITY shall be included in the urban county for the entire three year period funded by CDBG/HOME FLTNDS fram Federal fiscal years 2012, 2013 and 2014. Appropriations made to the urban county by or on behalf of the CIT~ shall not be withdrawn from the urban county during this agreement period. 12. CITY agrees that it has adopted and is enforcing a palicy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations and a policy of enforcing applicable State and locals laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions. 13. CITY agrees that COUNTY has final responsibility for selecting CDBG and HOME activities and annually filing the Annual Action Plan with HUD. 14. This Agreement may be supplemented, amended ar modified only by mutual agreement of the parties. No supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties. CITY OF DUBLIN COUNTY OF ALAMEDA City Manager ATTEST: City Clerk DATE: APPROVED AS TO FORM: City Attorney President, Board of Supervisors ATTEST: Clerk, Board of Supervisors DATE: APPROVED AS TO FORM: County Counsel By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of v,~hich he/she acted, executed this Agreement G:\HCDICDBGADMN12011 CDRGUunt 2Q1220132014 coon aereements.doc Cooperation Agreement Page 4