HomeMy WebLinkAboutItem 4.11 CDBG HOME Funds~~C.~ OF DpB~~y
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~9' r~-'~~. `sZ ST,4FF REPORT C 1 T Y C L E R K
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~ ~ ~ DUBLIN CITY COUNCIL File # ^[~]~~-[~4 ~
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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
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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
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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
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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
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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
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Cooperation Agreement
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