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HomeMy WebLinkAboutItem 4.2 CDBG Funding or 682 STAFF REPORT CITY CLERK ` CITY COUNCIL File #600-40 DATE: November 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Reaffirm Continued Participation in Alameda County Urban County for Community Development Block Grant Funds Prepared by Amy Cunningham, Assistant to the City Manager EXECUTIVE SUMMARY: The U.S. Department of Housing and Urban Development has requested that the Alameda County Urban County submit resolutions from each participating agency reaffirming authorization to participate in the Alameda County Urban County for Community Development Block Grant (CDBG) funds. The City Council originally authorized participation in the program on June 17, 2014, Resolution No. 109-14. Approving this new resolution will ensure the City meets HUD requirements and retains eligibility to receive funding. FINANCIAL IMPACT: The resolution will allow for the City to receive CDBG Funds during the upcoming three-year funding cycle. There is no impact to the City's General Fund. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Reaffirming the Authorization of the Continued Participation of the City of Dublin in the Alameda County Urban County for Community Development Block Grant Funds and Execution of the Revised Cooperation Agreement on September 16, 2014 by the City Manager. Submitted By 'Reviewed By Community Development Director Assistant City Manager DESCRIPTION: The U.S. Department of Housing and Urban Development (HUD) has requested that the Alameda County Urban County participating agencies (Albany, Dublin, Emeryville, Newark, Piedmont) reaffirm their intent to join the consortium for the upcoming three-year funding cycle. HUD has requested each participating agency adopt a resolution with new standardized Page 1 of 2 ITEM NO. 4.2 language that meets HUD and Office of General Counsel's requirements. The new resolution is attached (Attachment 1). On June 17, 2014, the City Council approved Resolution No. 109-14 (1) authorizing the City Manager to execute the three-year Agreement with the County of Alameda for continued participation in the Alameda County Urban County CDBG funding program for Fiscal Years 2015-2016, 2016-2017, and 2017-2018; and (2) to take such further actions as may be necessary or appropriate to carry out the City's obligation under the resolution. A copy of the staff report and resolution are attached for reference (Attachment 2). Subsequent to the City Council's approval, HUD issued several revised agreements which included modifications to the document format and amendments of recitals to obligatory language. Upon review, the City Attorney's Office determined that the revisions were non- substantive and the City Manager executed the last revised agreement on September 16, 2014 (Attachment 3). HUD is now asking that each agency adopt a new resolution reaffirming intent to participate in the program and clarifying that the last revised agreement (Dublin's dated September 16, 2014) was properly executed. The City Attorney's Office has reviewed the language contained in HUD's new resolution and has determined that there are no substantive changes from the resolution adopted on June 17, 2014. City Council approval of this new resolution will ensure the City meets HUD requirements and retains eligibility to receive CDBG funding during the upcoming three-year grant cycle. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS: 1. Resolution Reaffirming Participation 2. City Council Report - June 17, 2014 3. Revised Agreement for Participation in Urban County Consortium - September 16, 2014 Page 2 of 2 RESOLUTION NO. XX - 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * A RESOLUTION REAFFIRMING THE AUTHORIZATION OF THE CONTINUED PARTICIPATION OF THE CITY OF DUBLIN IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTION OF THE REVISED COOPERATION AGREEMENT ON SEPTEMBER 16, 2014 BY THE CITY MANAGER WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974 and Federal regulations have been adopted pursuant thereto, hereinafter called the "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 into a program called the Community Development Block Grant ("CDBG") program; and, WHEREAS, Title I makes available entitlement grants to cities whose 2010 Census population exceeds 50,000 persons and to 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, the Department of Housing and Urban Development ("HUD") has made a determination that the County of Alameda has the essential powers to operate as an urban county; and WHEREAS, the cities Albany, Dublin, Emeryville, Newark, and Piedmont, each of which has a 2010 Census population of less than 50,000, have expressed their interest in joining with the Alameda County Unincorporated County to continue in the Alameda County Urban County for federal fiscal years 2015, 2016 and 2017; and ATTACHMENT 1 WHEREAS, these same five cities combine 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 becoming eligible for an entitlement of CDBG funds; and, WHEREAS, these same five cities executed cooperation agreements with the County of Alameda, wherein the parties agreed to participate in the Urban County for the duration of the three-year funding cycle; and WHEREAS, following execution of the cooperation agreements, the cities were informed that certain revisions to the cooperation agreements would be necessary in order to meet the requirements established by HUD's Notice No. CPD-14-07 and that authorizing resolutions would need to be adopted; and WHEREAS, these same five cities thereafter executed revised cooperation agreements with the County of Alameda, wherein the parties agreed to participate in the Urban County for the duration of the three-year funding cycle, which revised agreements incorporated the revisions required by HUD; and WHEREAS, on behalf of the City of Dublin, its City Manager executed the revised cooperation agreement with the County of Alameda on September 16, 2014, which agreement entitled "Agreement" and states that it is "made and entered into the 17th day of June"; and WHEREAS, the City Council of the City of Dublin adopted a resolution (Resolution No. 109-14), authorizing the City of Dublin to continue participation in the urban County and authorizing the City Manager to execute the cooperation agreement; and, WHEREAS, the City of Dublin wishes to clarify and reaffirm that its prior authorization applied to its continued participation in the Urban County for the CDBG program as well as the City Manager's authority to execute the revised cooperation agreement on September 16, 2014; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby resolve, declare, determine and order as follows: SECTION 1. The City Council of the City of Dublin hereby confirms that Resolution No. 109-14, adopted on June 17, 2014, was intended to and did authorize the City of Dublin to continue its participation in the Urban County for Fiscal Years 2015-2017 and authorize the City Manager to execute the Revised Cooperation Agreement, and further hereby acknowledges that said Revised Cooperation Agreement was duly executed by the City Manager on September 16, 2014. SECTION 2. The City Council of the City of Dublin hereby reaffirms its authorization of the continued participation of the City of Dublin in the Alameda County Urban County for CDBG Funds for Fiscal Years 2015, 2016, and 2017. SECTION 3. The City Council of the City of Dublin hereby reaffirms its approval of the REVISED Cooperation Agreement with the County of Alameda and its authorization for the City Manager to execute the REVISED Cooperation Agreement with the County of Alameda in order to continue the City of Dublin's participation in the Urban County for CDBG funds which revised Agreement was duly executed by the City Manager on behalf of the City of Dublin on September 16, 2014. ATTACHMENT 1 SECTION 4. To the extent that Resolution No. 109-14 is inconsistent with the authorization acknowledged herein, it is hereby superseded by this Resolution. SECTION 5. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 18th day of November, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 1 or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #600-40 DATE: June 17, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Agreements with the County of Alameda for Participation in Community Development Block Grant (CDBG) programs for Fiscal Years 2015-2016, 2016- 2017, and 2017-2018. Prepared by Lynette Darensburg, Administrative Analyst 11 EXECUTIVE SUMMARY: Every three years, the City Council considers entering into agreements with the County of Alameda for participation in the Urban County CDBG/HOME Funds program and the HOME Consortium. The current agreements between the City and County expire in June 2015. Staff is requesting the City Council consider agreements for the next three-year cycle (FY 2015-2016, 2016-2017, 2017-2018) at this time to ensure compliance with all County and HUD timelines and the City's continued eligibility to receive funding. FINANCIAL IMPACT: The Agreements with the County of Alameda will allow for the City to receive CDBG and/or HOME funding during the upcoming three year funding cycle. There is no impact to the City's General Fund. RECOMMENDATION: Staff recommends that the City Council adopt a Resolution Authorizing 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 Fiscal Years 2015-2016, 2016-2017, and 2017-2018; and adopt a Resolution Authorizing the City of Dublin to enter into a three-year Agreement with the County of Alameda for Participation in the HOME Consortium for Fiscal Years 2015-2016, 2016-2017, and 2017-2018. Submitted By 'Reviewed By Community Development Director Assistant City Manager Page 1 of 4 ITEM NO. 8.3 DESCRIPTION: Every three years, the City Council considers entering into agreements with the County of Alameda for participation in the Urban County CDBG/HOME Funds program and the HOME Consortium. The current agreements between the City and County expire in June 2015. Staff is requesting the City Council consider agreements for the next three-year cycle (FY 2015-2016, 2016-2017, 2017-2018) at this time to ensure compliance with all County and HUD timelines and the City's continued eligibility to receive funding. Background The U.S. Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) program whose goal is to provide decent housing, a suitable living environment, and expanded economic opportunities primarily to low and moderate income persons. Cities can participate in the CDBG program in one of two ways: (A) as a Non-Entitlement City; or (B) as an Entitlement City. (A) Non-Entitlement City - The City of Dublin is a non-entitlement local jurisdiction and participates in the Alameda County Urban County CDBG/HOME Funds Program. Participation in the Alameda County Urban County CDBG/HOME Funds Program allows the City to be eligible to receive CDBG funds that the County distributes to the Urban Cities through a formula allocation system. Additionally, it allows Urban County participating cities to apply for HOME funds for qualifying projects within the Alameda County HOME Consortium (described below). (B) Entitlement City - Alternatively, communities can participate through the CDBG Entitlement Community Program. To be considered an entitlement community grantee, a city must have a population of 50,000 (as defined by HUD) and be formally invited to participate by HUD. As entitlement community, the grantee is authorized to receive an annual allocation of CDBG funds directly from HUD, rather than receiving funds through alternative processes. On or around July 1 of each year, the Census Bureau releases its list of Annual Estimates of the Resident Population for Incorporated Places over 50,000 and Cumulative Estimates of Resident Population Change for Incorporated Places over 50,000. The list identifies HUD certified population changes in each community; from this list, potential new entitlement communities are determined. To date, the City has not received a formal invitation to participate as an entitlement community however, it is anticipated that City will be extended an invitation from HUD at some time during the proposed three-year agreement period. To preserve the City's ability to receive funding from these programs, Staff is recommending the City Council approve two resolutions related to future participation in CDBG programs - the first related to the participation in the Urban County CDBG/HOME Funds Program and the second for the City's participation with the County for the HOME Consortium. CDBG/HOME Program During the past five years of the City's participation in the CDBG/HOME Urban County program, the City's funding allocation has ranged from approximately $64,000 to $92,000 annually. Beginning in FY 2013-14, the City received a significant increase in funding due to the County's change in their formula allocation methodology. The new formula places weight on the City's population increase over the past several years. Page 2 of 4 Table II summarizes the amount of funding received each year and the categorical allocation. Table II - City of Dublin Annual CDBG Allocation by Category Five-Year History Public Other Administration Service Allocation Capital Housing (Non-Profits) Improvements Rehabilitation 2010-2011 2010 $88,100 $6,600 $58,969 $5,427 $17,104 2011-2012 2011 $74,284 $6,600 $40,970 $13,698 $13,016 2012-2013 2012 $64,193 $6,600 $46,475 $0 $11,118 2013-2014 2013 $91,873 $6,600 $34,975 $15,000 $35,298 2014-2015 2014 $92,020 $6,600 $43,902 $23,500 $18,018 * For reference purposes only Staff believes it is appropriate to enter into the new contract to preserve the City's option to receive CDBG funding each year of the contract period. If the City of Dublin is invited to participate as an entitlement community, it is expected that the entitlement process can take approximately 18-24 months to complete. Upon completion, HUD would certify the City as an entitlement community and funds could then be received directly. Staff has made preliminary inquiries to HUD about the status of entitlement invitations for Fiscal Year 2015-2016. Based on HUD's responses to these inquires, it is unlikely HUD will determine that the City has reached the population threshold and issue an invitation in July 2014. In the unlikely event HUD does issue an invitation, there still would not be adequate time to complete all the steps necessary to receive HUD certification by FY 15-16. Table I provides an estimation of the funding the City is likely to receive, if invited to become an entitlement city by July 1, 2014. Table I Proposed Three Year Contract - Funding Scenarios (FY 15-16 to FY 17-18) With Proposed City Funding Year, 3'Year County Contract If Entitlement City (for reference only) FY 14-15 $92,020 n/a FY 15-16 $90,000 $0 FY 16-17 $85,000 $120,000 FY 17-18 $80,000 $115,000 * The above figures are estimates based on Congressional funding reductions to the CDBG program The proposed agreement allows the City of Dublin to participate with the County of Alameda and other urban county cities (those cities with a HUD certified population of less than 50,000) in HUD's CDBG/HOME Funds program. The CDBG/HOME Funds program provides funds to undertake, or assist in undertaking, community renewal and lower income housing assistance activities as defined by HUD. These activities can include providing funding to local non-profit organizations for HUD sanctioned programs or projects. This agreement is for the three-year cycle beginning Fiscal Year 2015-2016 through 2017-2018 (Federal fiscal years 2015, 2016, and 2017). Page 3 of 4 HOME (Home Investment in Affordable Housing) Consortium This agreement allows the City of Dublin to participate with the County of Alameda and other local government entities within the County in HUD's HOME program. The HOME program provides funds for affordable housing programs and projects within the City's boundaries. Participation in this Consortium will provide the City with the opportunity to apply for funding for programs such as: acquisition, rehabilitation and construction of affordable housing, and provision of homebuyer and tenant-based rental assistance. This agreement is for the three- year cycle beginning Fiscal Year 2015-2016 through 2017-2018 (Federal fiscal years 2015, 2016, and 2017). As stated previously in this report, Staff expects that, within the upcoming three-year contract cycle, HUD will invite the City to become an entitlement city. Once that invitation is received, Staff would propose, at that time, that the City Council form a CDBG Ad-Hoc Subcommittee, comprised of two City Council members, to provide policy guidance and direction to staff regarding a plan for the future "entitlement city" status by Housing and Urban Development. The City previously formed this Subcommittee in October 2009 when it was envisioned that the City would reach entitlement city status, prior to the economic and residential development slowdown. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution - 3 year agreement for CDBG HOME funds; Agreement for CDBG/HOME Funds 2. Resolution - 3 year agreement for HOME Consortium; Agreement for HOME Consortium Page 4 of 4 RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AUTHORIZING THE CITY OF DUBLIN TO ENTER INTO A THREE-YEAR COOPERATIVE AGREEMENTS WITH THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2015-2016, 2016-2017 AND 2017-2018 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 benefit 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, it is the desire of the City of Dublin (the "City") to enter into the three-year Agreement with the County of Alameda to receive CDBG and HOME Funds Program during the fiscal years of 2015-2016, 2016-2017 and 2017-2018. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions- 1. All recitals above are true and correct and incorporated herein; and 2. The City Manager or his designee is hereby authorized to execute the three year (2015- 2016, 2016-2017, and 2017-2018) Agreement with the County of Alameda for participation in the Alameda County Urban County CDBG/HOME Funds Program and take such further actions as may be necessary or appropriate to carry out the City's obligation under this Resolution. PASSED, APPROVED, AND ADOPTED this 17th day of June 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk C:AUsers\agenda\Desktop\Item 8.3 Attachment I.doc AGREEMENT An Agreement by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, hereinafter called "COUNTY". 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 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 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 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 and HOME Investment Partnership funds; and, 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 it is 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 Department of Housing and Urban Development, hereinafter called "HUD", has made a determination that the COUNTY has the essential powers to operate as an urban county. WHEREAS, the CITY and COUNTY agree that this Agreement will be voided if CITY is advised by HUD, prior to the completion of the requalification process for FY2015-2017, that the CITY is eligible to become a metropolitan city and the CITY elects to take its entitlement status. If this Agreement is not voided on the basis of the CITY's eligibility as a metropolitan city prior to July 11, 2014 (or a later date if provided in writing by HUD), the CITY must remain a part of the Urban County for the entire three-year period of the Urban County's qualification. THEREFORE, it is agreed that: 1. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called "PROGRAM", to be carried out with annual Community Development Block Grant and HOME Investment Partnership funds, hereinafter called "CDBG/HOME FUNDS", from Federal fiscal years 2015, 2016 and 2017 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 issued 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 2015, 2016 and 2017appropriations. The funds distributed to CITY shall be determined in accordance with such needs, objectives, or strategies, as COUNTY shall decide. In preparing the needs, objectives or strategies, COUNTY shall consult with CITY before making its determinations. The distribution of HOME funds to the Urban County is based on the review and recommendations of proposals received in response to an annual RFP. 3. It is expressly understood that as a recipient of the CDBG/HOME FUNDS from HUD, COUNTY and CITY must take all actions necessary to assure compliance with the urban county's certification 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 county's actions to comply with its fair housing certification is prohibited. 4. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG/HOME FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or non-federal considerations, CITY must use the CDBG/HOME FUNDS for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 5. Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement set forth in CFR 570.503. 6. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds received by the CITY. CITY shall pay any such program income to COUNTY or CITY may retain program income subject to requirements set forth in this Agreement and with written approval of the COUNTY. 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. COUNTY has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by CITY as may be needed for this purpose. 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. 7. In regard to real property that is in within the control of CITY due to being 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 at the time of acquisition or improvement including disposition. 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 under the CDBG regulations. Any program income generated from the disposition or transfer of property prior to or subsequent to the close- out, change of status or termination of the cooperation agreement between COUNTY and CITY shall be paid to COUNTY. 8. CITY shall provide COUNTY with all information concerning CITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to HUD, 2) annual performance report, 3) such other documents as COUNTY 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. 9. CITY designates City Manager or his/her designee as the official to whom all notices and communications from COUNTY shall be directed. 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. 10. CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees and agents from liability for any fines, penalties, or damage of any type accruing to COUNTY 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 COUNTY, 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 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. 11. 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 2015, 2016 and 2017appropriations are completed. CITY will be included in the urban county for the entire three years period funded by CDBG/HOME FUNDS from Federal fiscal years 2015, 2016 and 2017. Appropriations may not be withdrawn from the urban county during this agreement period. 12. CITY agrees that it has adopted and is enforcing a policy 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. CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: Donna R. Ziegler, County Counsel By: City Attorney William M. Fleishhacker, Deputy 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 which he/she acted, executed this Agreement G:AHCD\CDBGADMN\2014 CDBG\kmt 2015 2016 2017 Cooperative Agreements.doc RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AUTHORIZING THE CITY OF DUBLIN TO ENTER INTO A THREE YEAR CONSORTUIM AGREEMENT WITH THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE HOME CONSORTIUM FOR FISCAL YEARS 2015-2016, 2016-2017 AND 2017-2018 WHEREAS, the Housing and Community Development Act of 1974, Public Law 93-383, as from time to time amended, provides for the Community Development Block Grant (CDBG) program; and WHEREAS, the National Affordable Act of 1990 provides for the HOME program to maintain and develop affordable housing; and WHEREAS, the City of Dublin (the "City") desires to remain an active member of the Consortium; and WHEREAS, affordable housing programs located with the City's boundaries and meeting the established HOME criteria are eligible to receive funding; and WHEREAS, it is the desire of the City of Dublin (the "City") to enter into the three year Agreement with the County of Alameda to participate in the HOME Consortium during the federal fiscal years of 2015-2016, 2016-2017 and 2017-2018. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions- 1. All recitals above are true and correct and incorporated herein; and 2. The City Manager or his designee is hereby authorized to execute the three year (2015- 2016, 2016-2017, and 2017-2018) Agreement with the County of Alameda for participation in the Alameda County Urban HOME Consortium and take such further actions as may be necessary or appropriate to carry out the City's obligation under this Resolution. PASSED, APPROVED, AND ADOPTED this 17th day of June 2014. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk C:AUsers\agenda\Desktop\Item 8.3 Attachment 3.doc AGREEM ENT This AGREEMENT is made and entered into this day of 2014, by and between the CITY of DUBLIN, hereinafter called "City," and the COUNTY OF ALAMEDA, hereafter called "County." WHEREAS, the Congress of the United States has enacted the Cranston Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter cal I ed the"Act"; and WHEREAS, Title II of the Act creates the Home Investment in Affordable Housing Program, hereinafter called "HOME," that provides funds to states and local governments for acquisition, rehabilitation, neN construction of affordable housing and tenant-based rental assi stance; and WHEREAS, the Act requires local governments to formulate a Consolidated Plan as part of the el i gi bi I i ty requi rements for H OM E f unds; and WHEREAS, funds from Title II are distributed to metropolitan cities, urban counties States, and consortia of I oval governments; WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering H OM E f unds and carrying out purposes of the Act; WHEREAS, the Act requires that a I oval government member of an urban county may participate i n a consorti um only through the urban county, and the County of Alameda is the lead agency of the A I ameda County U roan County; and WHEREAS, the Act requires that a consortium shall have one member unit of general local government authorized to act in a representative capacity for all members for purposes of the Act and to assume overal I responsi bi I ity for the Act, i ncl udi ng requi rements concerni ng the Consol i dated R an; WHEREAS, the CITY and COUNTY agree that if CITY is advised by HUD prior to July 11, 2014(or a later date if provided in writing by HUD) that the CITY is not eligibleto become a metropolitan city or the CITY does not elects to take its entitlement status, then this Agreement shall be voided, and the CITY must remain a part of the Urban County for the entire three-year period of the Urban County's quad ifi cat ion. THEREFORE, it is agreed that- 1. CITY and COUNTY will cooperate in the operation of the Alameda County HOME Consortium, hereinafter called the "CONSORTIUM", for the purpose of undertaking or assisting in undertaking HOME-eligible housing assistance activities pursuant to Title 11 of the Act including but not limited to, acquiring, rehabilitating, and constructing affordable housing and providing homebuyer and tenant-based rental assistance. 2. COUNTY shall act as the representative member of the CONSORTI UM for the purposes of the Act. 3. CITY shall have thirty (30) calendar days to approve the portions of the Consolidated Plan which pertain to CITY before COUNTY submitsfinal Consolidated Plan to the U.S. Department of Housing and Urban Development. COUNTY shall incorporate CITY changesin Consolidated Plan, if any, provided that they meet HOME requirements. 4. CITY shall approve each project funded with HOME funds within CITY before COUNTY approves f undi ng project with HOME funds, provided that CITY approval or disapproval does not obstruct the implementation of the approved Consolidated Plan. 5. There shall be a Technical Advisory Committee for the Consortium to recommend spending priorities, policies, and review projectsand proposed expenditures. CITY shall deli gnate a staff member to participate on the Technical Advisory Committee. 6. CITY shall designate a representative to whom all notices and communications from COUNTY shall be directed. COUNTY'S duty to notify CITY shall be complete when the communication is sent to the designated representative. It is the exclusive duty of the designated representative to notify the appropriate individuals or departments within CITY. 7. To carry out activities under this Agreement, COUNTY shall al locate to CITY a portion of HOME funds received under the Act. Initial allocations shall be approved by the Technical Advisory Committee for the CONSORTIUM. If necessary to meet HOME requirements, funds will be reallocated by COUNTY in accordance with such needs, objectives, or strategies as COUNTY shall decide. In preparing such needs, objectives, or strategies, COUNTY shall consult with CITY and Technical Advisory Committee before making its determinations. 8. Each party to this agreement shall affirmatively further fair housing. 9. CITY shall pay COUNTY an annual fee to help defray COUNTY'S costs to administer the Consortium and perform monitoring, record-keeping, and reporting required by the Act. Such fee shall be based upon COUNTY'S expected actual costs and shall in no case exceed five percent (5%) of the CITY'S annual allocation of HOME funds. 10. CITY shall provide COUNTY with all of the following information concerning CITY and the activities CITY carries out under this agreement which COUNTY requires to be prepared: 1) documents required to be submitted to HUD, 2) annual HOME performance report, 3) such other documents as COUNTY may requi re to carry out eligible 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. 11. Pursuant to Government Code Section 895.4, CITY shall defend, indemnify, and hold harmless COUNTY, its officers, employees, and agents from a1 I claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from CITY'S performanceof this Agreement and caused by any act or omission of CITY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claim, suits, actions, losses, or liabilities arisefrom any act or omission of COUNTY. 12. Pursuant to Government Code Section 895.4, COUNTY shall defend, indemnify, and hold harmless CITY, its officers, employees, and agents from all claims, suits, actions or losses of any type, and from liability for any fines, penalties or damages of any type, resulting from COUNTY'S performance of this Agreement and caused by any act or omission of COUNTY, including failure to comply with any requirement of the Act or the Program described herein, except to the extent that any such claims, suits, actions, losses, or liability arisefrom any act or omission of CITY. 13. Each CITY participating in the Alameda County HOME CONSORTIUM shall defend, indemnify, and hold harmless all other participating CITIESfor CITY'S negligent acts or omissions arising from this agreement. 14. 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 from Federal fiscal years duringwhich CITY was a parti ci pati ng j uri sdi cti on i n the CONSORTI U M are compl eted. Cl TY wi I I be i ncl uded i n the Consorti um for a mi ni mum of three(3) Federal f i scal years, federal years 2015, 2016 and 2017. 1 N WITNESS WHEREOF, the parties hereto have executed this contract on the day first mentioned above. CITY OF DUBLIN COUNTY OFALAMEDA City Manager President, A I ameda County Board of Supervisors APPROVED AS TO FORM: APPROV ED AS TO FORM: Donna R. Ziegler, County Counsel By: By: City Attorney William M. FI ei shhacker, Deputy County Counsel Attested By: By si gni ng above, si gnatory warrants and represents that he/she executed thi s Agreement in his/her authorized capacity and that by his/her signatureon this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. GAHMHOM E\SU BRECI R ENTTFY 14\kmt 2015 to 2017 Consortium Agreement.doc AGREEMENT This Agreement is made and entered into this day of by and between the CITY OF DUBLIN, hereinafter called "CITY" and•the COUNTY OF ALA VIEDA, Itcroinafter called "COUNTY". This Agreement replaces the former agreement adopted by the parties on or about fitly 8, 2014, regarding their cooperation with respect to Community Development Block Grant funding. WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of•1971, and subsequent amendments to such Act, hereinafter called "ACT'; and, WHEREAS, Title I of 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 makes available entitlement grants to: (1) cities Nvliose 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 goverimnent; 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, � I (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 (Albany,Dublin, Emeryville,Newark and Piedmont) in Alameda County have a 2010 Census population of less than 50,000 and desire to participate in the Alameda County Urban County; and, WHEREAS, the participating cities, combined with the unincorporated portions of the County of Alameda, form a combined 2010 Census population of 200,000 or more persons, thereby qualifying as an urbati county, and becoming eligible loran entitlement of Community Development Block Grant(CDBG)and HOME Investment Partnership(HOW)hinds; and, Coopem6on Agreeunent Page I I WHEREAS, the participating cities agree that by executing these cooperative agreements they may not, apply for grants render the Small Cities or State CDBG Program from appropriations for fiscal years daring the period in which it is participating in the Urban County's CDBG program; and WHEREAS, the COUNTY and CI'T'Y cannot withdrawn frorn the cooperative agreement while the Program Year 2015-2017 Agreement remains in effect. THEREFORE, it is agreed that: 1. CITY agrees that.by executing this Agreement, CITY may not apply for grants from appropriations under Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in the Urban County's CDBG program. 2. CITY agrees that by executing this Agreement, it may only receive a portion of the formula allocation under the HOME Program through the Urban County. If the Urban County does not receive a portion of the HOTM formula allocation, the CITY cannot form a HOME Consortium with other local governments. An Urban County or a unit of government participating with the Urban County may apply to the State of California for II01,VIE funds, if the State allows. CITY agrees that by executing this Agreement,it may only receive tine formula allocation under the ESG Program through the Urban County. If the Urban County does not receive the .ESG formula allocation, the CITY caimot form an Urban County with other local governments. An Urban County or a unit of government participating with the Urban County may apply to the State-of California for ESG funds, if the State allows. 3. The Department of Housing and Urban Development, hereinafter called "HUD", has made a determination that the COUNTY has the essential powers to operate as an urban county. 4. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community renewal and lower Income housing assistance activities, specifically urban renewal and publicly assisted housing, hereinafter called TROGRArtif", to be carried out with annual Conrniutiity Development Block Grant and HOME Investment Partnership finds, hereinafter called "CDBGIH0ME FLNDS", from Federal fiscal years 2015, 2016 and 2017 appropriations and from, any program income generated from the expenditure of such Rinds, Community renewal and lower income housing assistance activities shall be those designated or referred to within Title I of the ACT and Title II of the Cranston-Gonzalez National Affordable Housing Act and the regulations issued pursuant thereto. 5. To carry out community renewal and lower income housing activities, COUNTY shall distribute to CITY a portion of tine CDBG fiends received under the ACT from Federal fiscal years 2015,2016 and 2017 appropriations. The funds distributed to CI1'Y shall be determined in accordance with such needs, objectives,or strategies,as COUNTY shall decide. In preparing the needs, objectives or strategies, COUNTY shall consult with CITY before making its determinations. The distribution of HOME funds to the Urban County is based on the review Cooperation Agreement Page 2 i and recommendations of proposals received in response to an amittal RFP. 6. It is expressly understood that as a recipient of the CD130/110ME, FUNDS from 1-11D, COUNTY and CITY must take all actions necessary to assure compliance with the Urban County's certification required by Section 104(b) of Title I of the Housurg and Community Development feet 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 Horsing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable laws, and all regulations issued pursuant thereto. Further, urban county finrding for activities in or in support of any city that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification is prohibited. a. COUNTY and CITY must have a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations; and b. COUNTY and CITY nuist have a policy of enforcing applicable State and local laws against physically.barring entrance to or exit from a facility or location which is the subject of such iron-violent civil rights demonstrations within jurisdictions. 7. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG/HObLE FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or insular area #hat directly or indirectly receives CDBG fiends in exchange for any other fiends, credits or non-federal considerations, CITY must use the CDBG/HOivIE FUNDS for activities eligible under Title I of the Housing and Community Development Act of 1971, as amended and Title II of the Cranston-Gonzalez National Affordable Housing Act. 8. Pursuant to 24 CFR 570,501(b), CITY is subject to the same requirements applicable to sub-recipients, including the requirement of a written agreement set forth ur CFR 570.503. 9. CITY shall inform COUNTY of any income generated by the expenditure of CDBG fiends received by the CITY. CITY shall pay any such program income to COUNTY or, CITY may retain program income subject to requirements set forth in this Agreement and with written approval of the COUNTY. 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. COUNTY has the responsibility for monitoring and reporting to HUD on the use of any such program income thereby requiring appropriate record keeping and reporting by CITY as may be needed for this purpose, In the event of close-out or change in stahts 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. 10. fit regard to real property that is in within the control of CITY due to being acquired or improved ur 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 at the tune of acquisition or improvement including disposition. CITY mast reimburse COUNTY iti an amount equal to (lie 'current fair market value (less any portion thereof attributable, to Caoperaiion Agreerrten4 Page 3 expenditures of icon-CDBG funds) of property acquired or improved with CDBG fiends that is sold or transferred for a use which does not qualify under the,CDBG regulations. Any prog yam income generated from the disposition or transfer of property prior to or subsequent to the close- out, change of status or termination of the cooperation agreement between COUNTY and CITY shall be paid to COUNTY, 11. CITY shall provide COUNTY with all information concerning CITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to I-ND, 2) annual performance report, 3) such other documents as COUNTY may require to carry out community renewal and lower income housing activities or meet Federal requirements. All uifonnation shall be submitted on forms prescribed by COU-ITY. 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, 12. CITY designates City Administrator or his/her designee as the official to whom all notices and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be complete when the communication is sent to the designated official or deputy. It is the cYClusive duty of the designated official or deputy to notify the correct individuals or departments within CITY. 13, CITY shall defend, indemnify and hold. harmless COUNTY, its officers, employees and agents from liability for any fines, penalties, or damage of any type accruing to COUNTY 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 COUNTY, 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 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.. lit. This Agreement shall go into effect immediately-ipon the signature of both parties and shall continue in Rill force and effect untit all activities funded by CDBG/F1O-L E FUNDS from federal fiscal years 2015,2016 and 2017appropriations are completed. CITY will be included in the turban county for the entire three years period funded by CDBG/HOME FUNDS from Federal fiscal years 2015,2016 and 2017. Appropriations may not be withdrawn from the urban county during this agreement period. During the three year qualification period, Federal fiscal years 2015,2016 and 2017, CITY and any other included unit of general local govertunent shall not withdraw from nor be removed from the Urban County and cannot terminate or withdraw from the cooperation agreement. 15. CITY agrees that it has adopted and is enforcing a policy 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. Cooper-alion Agreement Page 4 16. CITY agrees that COUNTY has final responsibility for selecting CDBG, ESG and HOME activities and annually fling the Annual Action Plan with I-RM, although if the Coltnty is a member of a HOiutE Consortium, the Consortium submits the Plan developed by the County. 17. This Agreement may be executed in counterparts, each of which shall be decilled to be an original,but all of which, taken together, shall constitute one and the same agreement. CIT-Y-Q . DUBLIN COUNTY OF ALMMEDA ily Manager President,Board of Supervisors ATTEST: ATTEST; City Clerk Clerk,Board of Supervisors DATE: DATE: APPROVED AS I O 'ORlvi: APPROVED AS'1'0 FORM: Donna R.Ziegler,County Counsel ,City Attorney Heather M.Littlejohn, Deputy County Counsel I By signing above,signatory warrants And represents that he/she executed this Agreement j in his/her authorized capacity and that by his/her signawre on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement 9151(4 [1ARMCDBOADZ4tt+ 014 CDi30kmt Dublin Cooperative Agreement.doo Cooperation Agreement Page 5