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HomeMy WebLinkAboutItem 4.07 CDBG With Alameda County CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 13 , 1991 SUBJECT: Agreement between the City of Dublin and the County of Alameda with regard to Community Development Block Grant programs for fiscal year 1991-1992 REPORT PREPARED BY: - Dennis Carrington, Senior Planner EXHIBITS ATTACHED: 1 - Letter from Berty F. Gary, Alameda County Housing and Community Development program specialist 2 - City-County Agreement 3 - Draft Resolution re: City-County Agreement RECOMMENDATION: i dopt Resolution entering into an agreement with the County and \Z authorizing the Mayor to execute five originals of the agreement. FINANCIAL STATEMENT: See discussion below. DESCRIPTION: Since 1982, the City of Dublin has participated in the Alameda County Urban County Housing and Community Development Block Grant (CDBG) Program. On May 14, 1990 the City entered into an annual City-County agreement with the County with regard to the CDBG programs for Fiscal Year 3.990-1991. On August 13 , 1990, the City entered into a City-County Cooperation Agreement for CDBG Program Years 1991, 1992 and 1993 . It is now time to enter into another annual City-County agreement as required by HUD. The City Attorney has reviewed and approved the agreement as to form. The agreement would address the following: 1. Statement of work; 2. Commencement and completion requirements; 3 . Subcontracts; 4. Budget; 5. Records and reports; 6. Program monitoring and evaluation; 7. Program income; 8. Uniform administration requirements; 9. Religious activity prohibition; 10. Reversion of assets; 11. Other program requirements; and 12. Termination of agreement. The total amount of the authorized budget of this agreement would be $46 ,803 as shown on Exhibit 2 and reflects FY 1991-92 program requests by the City of Dublin which are as follows: 1. Minor home repair program $8,797 2. Dublin Senior Center renovation $9,225 3 . Dublin Housing Authority/Arroyo Vista playground equipment installation project $23,781 4 . Kaleidoscope Activity Center $5,000 TOTAL $46,803 Staff recommends that the City Council adopt the resolution entering into an agreement with the County of Alameda with regard to CDBG programs for FY 1991-92 and authorizing the Mayor to execute five originals of the agreement. = =-- -- ----------------------- --�Qo --7 --------- Item No. Copies To: -Agenda/General File Project Planner i�•mvrr►m��� Herty Gary HCD RECEI VF r ALAMEDA COUNTY PLANNING DEPARTMENT �''Eti Housing & Community Development Program D1.1f31IN PLANNING April 22, 1991 Dear TAC Member: I am enclosing a copy of the 1991-92 Preliminary CDBG Statement along with one original of the 91-92 City-County Agreement for your review. If there are any revisions to be made to projects and/or project amounts listed, please give me a call at 670-5947. City-County agreements must be approved by your City Council and five (5) originals signed and returned to me by May 31, 1991. If you have any problem meeting this deadline, let me know. Once these agreements are approved by the Alameda County Board of Supervisors, one of the executed agreements will be returned to the city. The preliminary CDBG Statement is scheduled for public hearing before the Alameda County Board of Supervisors on May 7th and May 14th. The city-county agreements are scheduled for approval before the Board on June 11, 1991. Thanks. Berty . Gary HCD P1a ager BG:O876D/23 Enclosures DRIBIT I 224 W.WINTON AVENUE• ROOM 169• HAYWARD, CA 94544 •415/670-5404 ALAMEDA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF OBJECTIVES & PROJECTED USE OF FUNDS For the Seventeenth Program Year (July 1, 1991 - June 30, 1992) The U.S. Department of Housing and Urban Development (HUD) awards Community Development Block Grant (CDBG) funds annually to cities and counties. HUD awards a target or "entitlement amount" each year determined by a national formula established by Congress. Funds are received by the Alameda County Board of Supervisors for the Urban County entitlement jurisdictions that include the cities of Albany, Dublin, Emeryville, Newark, Piedmont, Pleasanton, and the unincorporated area of the county. CDBG funds are made available effective July 1, 1991. For the Seventeenth program year the Alameda County Urban County expects to receive an estimated $1,766,000 after the Urban County presents to HUD the Statement of Objectives and Projected Use of Funds and certifications that program requirements have been met. COMMUNITY DEVELOPMENT OBJECTIVES & STRATEGIES An Urban County plan covering the period 1991 through 1994 was adopted in 1991. Consistent with the three year plan and current HAP, the Seventeenth year objectives are listed below. A. HOUSING REHABILITATION 1. Promote the maintenance and repair of housing for low and moderate income persons and the disabled. 2. Rehabilitate existing substandard housing for low and moderate income owners and renters. B. NEW CONSTRUCTION AND HOUSING UTILIZATION 1. Promote the development of new owner and rental housing opportunities primarily for low and moderate income households. C. ECONOMIC DEVELOPMENT 1. Promote economic development that will eliminate blight and/or benefit low and moderate income persons. D. PUBLIC IMPROVEMENTS 1. Promote the construction of public improvements in conservation areas and provide for physical access for the disabled. E. FAIR HOUSING 1. Promote fair housing. The two strategies for achieving objectives. are neighborhood development and maintenance and provision of new housing opportunities, primarily for low and moderate income persons. Neighborhood development strategies include the planning and implementation of public improvements such as streets, sidewalks, tree planting, and public facilities; the planning and implementation of economic development activities such as commercial rehabilitation and support for local businesses; the maintenance and improvement of existing housing; and the provision of new housing opportunities. The mai.ntenance and provision of new housing opportunities includes support to maintain existi.ng standard housing, repair of both standard and substandard housing, and rehabi_li.tati.on to bring substandard housing to standard condition. Included in new housing opportunities is better utilization of existing housing and measures that ensure that a proportion of newly constructed housing units are available for low and moderate income households. 0677B/2 SUMMARY OF CDBG PROJECTED PROGRAM ACTIVITIES 1991-1992 PROGRAM YEAR PROJECT DESCRIPTION ALLOCATION ACQUISITION - 570.201(a) 1. Acquire property in the Urban County for use as $ 92,526 affordable multifamily housing for lower income households. PUBLIC FACILITIES AND IMPROVEMENTS - 570.201(c) 2. Street and other public improvements in the island $ 412,798 neighborhoods of the unincorporated county 3. Construction of child care center to serve target $ 90,821 area and general low/mod income population in the City of Albany 4. Improvements and modifications to senior center 9,225 in the City of Dublin 5. Improvements and modifications to senior center 120,500 in the City of Newark 6. Repairs and improvements to Kaleidoscope Center servi.ng $ 15,000 developmentally disabled youths in the Pleasanton-Dubli.n- Livermore area 7. Repairs and improvements to Tri-Valley Haven for Women, $ 9,578 a temporary shelter for homeless women and children victims of domestic violence in the Pleasanton-Livermore-Dublin area PUBLIC SERVICES - 570.201(e) 8. Provide fair housing counseling services to Urban County $ 91,000 residents 9. Computer/Domestic Skills project for disabled at $ 4,812 Keystone Learning Center in the City of Pleasanton REMOVAL OF ARCHITECTURAL BARRIORS - 570.201(k) 10. Install residential handicap ramps in the City of Albany $ 3,000 11. Ci.ty Handicap access programs in the City of Piedmont $ 26,648 REHABILITATION - Pri.vately Owned Residential - 570.202(a)(1) 12. Provide home repair/stabilization services to promote $ 67,650 maintenance of homes in the Unincorporated County 13. Provide home repair services to promote maintenance $ 11,200 of homes in the City of Albany 14. Provide home repair services to promote maintenance $ 8,797 of homes in the City of Dublin 15. Provide home repair services to promote maintenance $ 11,200 of homes i.n the City of Emeryville 16. Provi.de home repair/stabilization services to promote $ 33,882 maintenance of homes in the City of Newark 17. Provide home repai.r services to promote maintenance $ 7,200 of homes in the City of Pleasanton 18. Rehabilitate owner-occupied residential units $ 86,414 in the Unincorporated County 19. Rehabilitate owner-occupied residential units $ 14,870 in the City of Albany 20. Rehabilitate owner occupi.ed residential units $ 38,784 in the City of Emeryville 21. Rehabilitate owner-occupied residential units $ 12,78U In the City of Piedmont 22. Rehabilitate owner-occupied residential units in the $ 30,155 City of Pleasanton 23. Rehabilitate rental residential units in the Urban $ 145,398 County through a leveraged loan program linked to other federal and state programs REHABILITATION - Other Publicly Owned - 570.202(a)(2) 24. Install playground equipment at Arroyo Vista, a public $ 23,781 housing authority project i.n the City of Dublin 25. Repairs and improvements to House, Inc. a residential $ 35,000 care facility for developmentally disabled adults in the Ci.ty of Pleasanton 26. Repairs and improvements to Pleasanton Gardens, a $ 16,381 housing complex for seni.ors in the City of Pleasanton ADMINISTRATION 27. Provide overall CDBG program administration $ 346,600 1991-92 Grand Total $1,766,000 SOURCE OF FUNDS 1991-1992 Community Development Block Grant $1,766,000 Allocation of Rollover 0 1991-92 Anticipated Program Income* 675,000 TOTAL FUNDS AVAILABLE $2,441,000 *Program income will be used for public improvements, housing, mobility improvements and other CDBG eligible activities in accordance with Circular A102, Attachment E. 0677B/4 Alameda County Housing and Community Development URBAN COUNTY DISPLACEMENT POLICY AND PLAN 1991-92 Displacement Policy The Alameda County Urban County Housing and Community Development Program requires that owners of real property to be acquired and persons displaced as a result of such acquisition be provided fair, consistent and equitable treatment. If persons are displaced the policy requires treatment that is fair, consistent and equi.table so that such persons will not suffer disproportionate Injuries as a result of projects designed for the benefit of the public as a whole. Policies have been established to reduce or prohibit displacement in each Community Development Block Grant (CDBG) Program activity to be implemented during the 1991-1992 fiscal year in the participating cities and the unincorporated area. In the new construction program the County acquires vacant land/or structures for project activities. Low priority is assigned to project activities that could result in the permanent displacement of lower income households. In the rental housing rehabi.litati.on program the permanent displacement of exi.sti ng tenants is prohi.bi ted. Temporary displacement of tenants i.s discouraged. To assure continuity of lower income tenants in rehabilitated units, the County i.mposes a five year rent limitation agreement on property owners as a condition for receiving rehabilitation financing. In rare situations that result in involuntary displacement, the County minimizes and mitigates adverse effects on persons displaced. When permanent involuntary displacement of a household cannot be avoided in activities funded under the CDBG program, the County will conform in all instances to federal and State regulations which address acquisition, relocation and displacement. The policy applies to all CDBG funded activities including activities which involve land acquisition, housing rehabilitation, code enforcement and demolition. while no involuntary permanent displacement i.s projected during the 1991-1992 program year, the following guidelines cover those instances where displacement is unavoidable. Displacement Plan General: The County will comply with Department of Housing and Urban Development (HUD) regulations, Uniform Relocation Assistance and Real Property Acqui.si.tion for Federal and Federally Assisted Programs of 1986, when real property is acquired to implement the HCD program and if persons are Involuntary displaced. Since April 2, 1989, the County has complied with the Uniform Act as amended in 1987, as required. Guidelines cover real property owners, tenants, business establishments and mobile homes. Acquisition: Real property will be acquired expeditiously and by negotiation only after a written appraisal. Owners will be offered just compensation and will be pai.d before surrendering possession of their property. Relocation: As soon as feasible persons scheduled to be di.splaced are furnished with a written description of the urban county relocation program. The program includes a description of the replacement housing and other relocation payments, conditions of eligibility and procedures for obtaining payment, advisory services that are available, explanation of the, 90 day advance notice and assurance that the displacee cannot be required to move permanently unless at least one comparable replacement dwelling has been made available. Benefits include a choice from three or more comparable replacement dwellings or replacement housing payments, transportation to inspect housing, payment for moving and related expenses and counseling to minimize adjustment hardships. 0615B AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA THIS AGREEMENT is made and entered into as of this Day of , 1991, by and between the County Of Alameda, a municipal corporation, (hereinafter called "COUNTY"), and the City of Dublin, located in the County of Alameda, State of California, (hereinafter called "CITY"). WHEREAS, the COUNTY has entered into a Grant Agreement with the United States Department of Housing and Urban Development (HUD), for a Community Development Block Grant (CDBG) under the Housing and Community Development Act of 1974, said funds to be used for Community Development Block Grant Programs and its eligible activities, and; WHEREAS, the activities of the CITY under this Agreement with the COUNTY shall be governed by the conditions of the Grant Agreement between the COUNTY and the United States Department of Housing and Urban Development; NOW THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES HEREINAFTER MADE, COUNTY AND CITY DO MUTUALLY AGREE AS FOLLOWS: I. STATEMENT OF WORK CITY will perform or arrange for the performance of the work under this Agreement in the manner and time provided herein and i.n accordance with: the budget; the scope of work and any specifications and drawings; and all related documents and provisions attached hereto as Exhibit A and incorporated herein by reference. II. COMMENCEMENT AND COMPLETION REQUIREMENTS A. The term of this agreement begins on the 1st day of July, 1991 and ends on the 30th day of June, 1992, or when all contract terms have been completed. B. It shall be the responsibility of the CITY to coordinate and schedule the work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The COUNTY may extend the time for completion of the Agreement in writing, i.f i.t determines that delay in the progress of work i.s not attributable to the negligence of the CITY and that such delay was due to causes beyong the control of the CITY. C. Any time extension granted to the CITY to enable the CITY to complete the work shall not constitute a waiver of rights the COUNTY may have under this Agreement. RRIBIT D. Should the CITY not complete the work by the scheduled date or by an extended date, granted by the COUNTY in writing, pursuant to previously stated conditions, the COUNTY shall be released from all conditions of this Agreement. E. Upon completion of performance under this Agreement and a determination of final costs, CITY shall submit to the COUNTY a certificate of completion for construction projects and a requi.sition for final payment for service projects, unless otherwise provided in this Agreement. III. SUBCONTRACTS A. Any subcontract funded under this Agreement shall be submitted to COUNTY for review and approval prior to its execution. B. In the event subcontractor is a private non-profi.t or neighborhood-based non-profit organization, or a local development or small business investment corporation, contractor is required to comply with the procurement procedures of Office of Management & Budget (OMB) Circular A-110 and A-122 (incorporated herein by reference) for the procurement of supplies and services in connection with activities funded under this Agreement. C. Any subcontract funded under this Agreement shall be subject to the terms and conditions of this Agreement. IV. BUDGET Any requested modification to the Budget attached to this Agreement and incorporated as part of this Agreement, shall be reviewed and approved by COUNTY. Any budget modifications requires the prior written approval of COUNTY. Budget modifications shall not alter: 1) The basic scope of services required to be performed under this Agreement; 2) The time period for the services to be performed under this Agreement; and 3) The total amount of the authorized budget of this Agreement• (See Exhibit A), subject to future amendments as approved by the Alameda County Planning Di.rector. Any of the cost categories shown in the Agreement Budget may be exceeded by ten percent of the indicated figure, provi.ded that the total approved amount of allowable costs is not exceeded. V. RECORDS AND REPORTS A. A11 original documents prepared by CITY in connection with the work to be performed under this Agreement shall be the property of COUNTY. B. CITY's records shall be made available for review by the COUNTY prior to the release of funds. CITY shall be responsi.ble for maintaining all records pertaining to this Agreement, including subcontracts and expenditures, and all other financial and property records in conformance with OMB Circular A-110. C. Records must be kept accurate and up-to-date. Failure of CITY to comply with this provision could result in termination of the Agreement or CITY's repayment of funds previously awarded under this Agreement. VI. PROGRAM MONITORING AND EVALUATION A. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. B. CITY shall undertake continuous quantitative and qualitative evaluati.on of the Scope of Services as speci.fied in this Agreement and shall make quarterly written reports to COUNTY 1. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. Service area (i .e. city-wide, etc. , including applicable census tracts) . c. Goals - The projected goals, indicated numeri.cally, and also the goals achieved (for each report period). In addition, identify by percentage and descripti.on, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. d. Beneficiaries - Provide the following: i) Total number of direct beneficiaries ii) Percent of total number of direct beneficiaries who are: -Low and moderate income -Low income -Black, not Hispanic origin -White, not Hispanic origin -Hispanic -American Indian/Alaskan Native -Asian or Pacific Islander -Female Headed Households e. Other data as required by COUNTY. 2. The quarterly report shall be due on the fifteenth day of the month immediately following the report quarter, except for the end of program year report which is due within thirty days. C. The COU14TY shall have ultimate responsibility for overall project monitoring and evaluation, to assist CITY in complying with the scope and contents of this Agreement, and to provide management information which will assist the COUNTY's policy and decision-makers and managers. D. The CITY shall follow audit requirements of the Si.ngle Audit Act and OMB Circular A-128. VII. PROGRAM INCOME A. Program income shall be recorded as part of the financial transactions of the grant program and disbursed in accordance with OMB Circular A-110. B. Program income received by CITY shall be returned to COUNTY for future appli.cation to CITY projects. C. Program i.ncome from urban county program acti.vities undertaken by or within CITY whi.ch thereafter terminates its participation in the urban county shall continue to be program income of the COUNTY. COUNTY may transfer the program income to CITY, upon its termi.nation of urban county participation, provided that CITY has become an entitlement grantee and agrees to use the program income in its own CDBG entitlement program. VIII. UNIFORM ADMINISTRATIVE REQUIREMENTS CITY shall comply with uniform administrative requirements as described in federal regulations, Section 570.502 as appli.cable to governmental entities. IX. RELIGIOUS ACTIVITY PROHIBITION There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement. X. REVERSION OF ASSETS A. Upon the expiration of this agreement, CITY shall transfer to COUNTY any CDBG funds on hand at time of expiration and any accounts receivable attributable to the use of CDBG funds. B. Real property in excess of $25,000, obtained in whole or in part with CDBG funds must be used to meet one of the national objectives for a minimum of five years after the expiration of this agreement or disposed of in a manner that results in COUNTY being reimbursed at fair market value less value attributable to non-CDBG expenditures. XI. OTHER PROGRAM REQUIREMENTS CITY certifies that it will carry out each activity in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K (570.600-570.612) as relates to a) Nondiscrimination, b) Fair Housing, c) Labor Standards, d) Environmental Standards, e) National Flood Insurance Program, f) Relocation & Acquisition, g) Employment & Contracting Opportunities, h) Lead-based Paint, i ) Use of Debarred, Suspended or Ineligible Contractors or Subrecipients, j) Uniform Administrative Requirements & Cost Principles, k) Conflict of Interest and 1) Displacement. XII. TERMINATION OF AGREEMENT COUNTY may terminate this Agreement in whole or in part immediately for cause, which shall include as example but not as a limitation: A. Failure, for any reason, of CITY to fulfill in a timely and proper manner its obligations under thi.s Agreement, including compliance with City, State and Federal laws and regulations and applicable directives; B. Failure to meet the performance standards contained in other Sections of thi.s Agreement; C. Improper use of reporting of funds provided under this Agreement; and D. Suspension or termination by HUD of the grant to the COUNTY under which Agreement i.s made, or the portion thereof delegated by this Agreement. Approved as to form: Approved as to form: KELVIN H. BOOTY, County Counsel By: City Attorney CITY OF DUBLIN _ COUNTY OF ALAMEDA By: By: Mayor Chairman, Board of Supervisors ATTEST: ATTEST: City Clerk Clerk of the Board Date: Date: BG:0876D AGREEMENT BY AND BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA EXHIBIT A PUBLIC FACILITIES AND IMPROVEMENTS - 570.201(c) 1. Repairs and improvements to Kaleidoscope Center serving $ 5,000 developmentally disabled youths in the Pleasanton-bublin- Livermore area 2. Improvements and modifications to senior center $ 9,225 in the City of Dublin. REHABILITATION - Privately Owned Residential - 570.202(a)(1) 3. Provide home repair services to promote maintenance $ 8,797 of homes in the City of Dublin. REHABILITATION - Other Publicly Owned - 570.202(a)(2) 4. Install playground equipment at Arroyo Vi.sta, a public $ 23,781 housing authority project in the Ci.ty of Dublin ADMINISTRATION _ 5. Provide overall CDBG program administration. $ 0 GRAND TOTAL $ 46,803 RESOLUTION NO. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ----------------------------------------------------------------- AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA WITH REGARD TO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS FOR FISCAL YEAR 1991-1992 WHEREAS, the Congress of the United States has enacted the Housing and Community Development Act of 1974; and WHEREAS, Title I of the Act consolidates previously separated grant programs for open space, public facilities loans, water and sewer grants, urban renewal , model cities and rehabilitation loans; and WHEREAS, the U.S. Department of Housing and Urban Development has made a determination that Alameda County may operate as an Urban County; and WHEREAS, the Urban County HCD Program undertakes community renewal and lower income housing assistance primarily for the benefit of low to moderate income households; and WHEREAS, the U.S. Department of Housing and Urban Development requires an annual agreement between cities and their respective county as to the responsibilities of both parties regarding Community Development Block Grant programs; and WHEREAS, on May 13 , 1991 the City Council received a Staff Report recommending adoption of an agreement between the City of Dublin and the County of Alameda with regard to Community Development Block Grant Programs for fiscal year 1991-1992. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, a Municipal Corporation, takes the following actions: Section 1: That The City of Dublin agrees to enter into an agreement with the County of Alameda with regard to CDBG programs for fiscal year 1991- 1992. 3 Section 2 : That the Mayor of the City of Dublin is authorized to execute five originals of the agreement. PASSED, APPROVED AND ADOPTED this 13th day of May, 1991 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk [HCDAGMT11