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HomeMy WebLinkAboutItem 4.02 AlaCntyCommBlkGrnt (2) . . e e ;. CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 9, 1993 SUBJECT: Participation in Alameda County Community Block Grant Program for the 1994, 1995 and 1996 Program Years. ~ Dennis Carrington, senior Planner ~. Letter from Donna Eoff, HCD Technician ~B. City-county cooperation Agreement REPORT PREPARED BY: EXHIBITS ATTACHED: RECOMMENDATION: qr/ C. Draft Resolution re: Cooperation Agreement City-county Adopt Resolution 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. In August, 1990, the City entered into a City-County Cooperation Agreement for CDBG Program years 1991, 1992 and 1993. Alameda County Staff has invited the City to participate in the upcoming Urban County CDBG Program for the 1994, 1995 and 1996 Program Years. County Staff estimates that approximately $56,000 of CDBG funds may be available during each program year, for a three year total of approximately $168,000. Final figures from the U.s. Department of Housing and Community Development (HUD) are expected in January 1994. Per the Urban County policies, a minimum of 33% of the funds must be used for housing rehabilitation improvements and a maximum of 60% can be used for jurisdictional improvement projects such as the Swim Center bath house renovation. If $56,000 is available each year, a minimum of $18,480 could be used for housing projects, and a maximum of $33,600 could be used for jurisdictional improvement projects. Decisions on actual project proposals would need to be made at a later date. Staff recommends that the city Council adopt the resolution: 1) agreeing to participate in the Alameda County Urban County Housing and Community Development Block Grant Program for the 1994, 1995 and 1996 Program years, and 2) authorizing the Mayor to execute the City-County Cooperation Agreement. /HCD3YEAR ---------/I--~-------------------------------------------- ITEM NO.~ COPIES TO: Senior Planner Agenda File HCD Fi CITY CLERK FILE rl6lOlOl-f.iifO e . JUL - 26-1993 09 : 28 FRm1 HCiUS IHG 8, mr'lt'lUH I TY DEl..!. TO CITY C)F DUBLlt'-J P . [J l/t~H ~ ALAMEDA COUNTY PLANNING DEPARTMENT Housing & Community Development Program RECEIVED' JUL 26 1993 DUBLIN PlANNJN~ FAXED: JUly 26, 1993 MEMORANDUM DATE: July 26, 1993 FROM: Urban county cities ()~ ~ O-x..'-I"'\ Donna Eoff d:;::;Y\'J"-N - HCD'Technician TO: SUBJECT: 1994, 1995, 1996 CDBG cooperation Agreements I have received official notification from HUD establishing the dea~line for submission of the 1994, 1995, 1996 CDBG Cooperation Agreements as Friday, August 20 I 1993. In order to meet this deadline, the Agreements will be required to go before the county Board of supervisors no later than Tuesday, August 10, 1993. I will submit blank contracts 'on behalf of those cities whqse executed contracts are not received in time and substitute them upon receipt. Upon execution by your respective City council, please contact me at 670-5948 to arrange pick-uP of the contracts. Thank you for your prompt attention to this matter. If you have any questions regarding the above, please contact me at 670-5948. DE:de EXHIIT ~-- 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 previous separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans; and, - , WHEREAS, Title I makes available entitlement grants to: (1) cities whose 1990 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 1990 Census population of less than 50,000; and, WHEREAS, these same five cities may join with the County of Alameda to form a combined 1990 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 that they may not apply for gJaTIts 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 that 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. 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 Grants, hereinafter called "BLOCK GRANTS", from Federal fiscal years 1994, 1995, and 1996 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 BLOCK GRANT funds received under the ACT from Federal fiscal years 1994, 1995, and 1996 appropriations. 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. 3. It is expressly understood that as a recipient of the BLOCK GRANT 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. 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. 5. 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. 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. 6. In regard to real property, acquired or improved in whole or in part using CDBG funds that is within the control of CITY, 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. 7. CITY shall provide COUNTY with all infonnation concerning CITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to HUn, 2) annual perfonnance report, 3) such other documents as COUNTY may require to carry out community renewal and lower income housing activities or meet Federal requirements. All infonnation shall be submitted on fonns 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 City Manager or Designee or his or her deputy 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. . 9. 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 perfonnance of the contract or PROGRAM and CITY shall hold COUNTY harmless from any and all loss occasioned in the perf~rmance of, or otherwise arisi?g ?ut of, this Agreement or PROG~M. _ ~ by (..ty..1 a~ OoC c)"lI\-l-...SiD;..; t:f- C. C't"'( D.r-~ Dk C-t-y(5 ec..'-f'~0?S 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 from Federal fiscal years 1994, 1995 and 1996 appropriations are completed. CITY will be included int he urban county for the entire three years period funded by BLOCK GRANTS from Federal fiscal years 1994, 1995 and 1996, appropriations may not be withdrawn from the urban county during this agreement period. 11. 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. 12. CITY agrees that COUNTY has final responsibility for selecting CDBG and HOME activities and annually filing the Final Statement with HUD. . ... CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors ATTEST: City Manager ATTEST: Clerk, Board of Supervisors DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Counsel (G:\ADMIN\COOP _ AGR.DME) e AGREEMENT e 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 previous separate grant programs for open space, public facility loans, water and sewer grants, urban renewal, model cities and rehabilitation loans; and, WHEREAS, Title I makes available entitlement grants to: (1) cities whose 1990 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 1990 Census population of less than 50,000; and, WHEREAS, these sam~ five cities may join with the County of Alameda to form a combined 1990 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 funds; 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. THEREFORE, it is agreed that: 13 '1 e d rtak . e d rtaki . . CITY and COUNTY will cooperate to un e e, or assIst III un e ng, commumty 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 Grants, hereinafter called "BLOCK GRANTS", from Federal fiscal years 1994, 1995, and 1996 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 BLOCK GRANT funds received under the ACT from Federal fiscal years 1994, 1995, and 1996 appropriations. 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. 3. It is expressly understood that as a recipient of the BLOCK GRANT 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. Pursuant to 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. 5. 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. 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 COQNTY. 6. In regard to real property, acquired or improved in whole or in part using CDBG funds that is within the control of CITY, 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. 7. CITY shall provide C!NTY with all information concernin~ITY and the activities CITY carried out under this agreement which COUNTY requires to prepare 1) documents required to be submitted to BUD, 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. 8. CITY designates City Manager or Designee or his or her deputy 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. 9. 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. ./f'I ~1~ ~ 0.,... u~~>I~ Df Cl'r'-(' or ~of Cny'S ~.u>5 J 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 from Federal fiscal years 1994, 1995 and 1996 appropriations are completed. CITY will be included int he urban county for the entire three years period funded by BLOCK GRANTS from Federal fiscal years 1994, 1995 and 1996, appropriations may not be withdrawn from the urban county during this agreement period. CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors ATTEST: Clerk, Board of Supervisors DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Counsely (G:\ADMIN\COOP _ AGR.DME) e - RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY URBAN COUNTY HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 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, five cities may join with Alameda County to qualify as an Urban County and be eligible for an entitlement of Community Development Block Grant funds; and , WHEREAS, on August 9, 1993, the city Council received a staff Report recommending participation in the Urban County Housing and community Development Block Grant Program for the 1994, 1995 and 1996 Program Years. 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 participate in the Alameda county Urban County Housing and Community Development Block Grant Program; section 2: That the Mayor of the City of Dublin is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 9th day of August, 1993. AYES: NOES: ABSENT: Mayor ATTEST: /HCDAGMT3 City Clerk ~mc