HomeMy WebLinkAboutItem 4.05 CDBG/HOMEProgAgmt (2)SUBJECT:
"'", CiTY C.LERK
AGENDA STATEMENT
CITY COUNCIL MEET!NG ,.DAT_EL. June 15, 1999
........ Participation in the Alameda County Community Developm nt
Block Grant and HOME Program Cooperation Agreements for
Fiscal Years 2000, 2001 find 2002 ~____~___...
(RepOrt Prepared By: Carol R. Cirelli, Senior Planner)
'ATTACHMENTS:
1: City-County Cooperation Agreement
2:
Resolution Authorizing Participation in the Alameda County
Urban County Community Development Block Grant andl HOME
Program
3' Letter from D0~nn.a Eoff, HCD Manager
RECOMMENDATION:
1) Adopt draft Resolution, Attachment 2, agreeing to particil~ate in
~)~~e Alameda County Urban County Community Development Block
Grant and HOME Program for Fiscal years 2000, 2001 and 2002;
and 2) authorize the City Manager to eXecute the City-County
Cooperation Agreement; or 3) give staff direction and continue the
matter.
FINANCIAL STATE.~M~. ,~X,'.___,_~_(~..e~edjo. ~g.ss.. io_ n_ belo ~w_)
DESCRIPTION:
Since 1982, the City has participated in the Alameda County Urban County Housing and Community
Block Grant (CDBG) program, and since 1992, the City has participated in the Alameda County Urban
County HOME Investment Parmership Program. In August of 1996, the City entered into a City-County
Cooperation Agreement for the CDBG andHOME programs for Fiscal years 1997, 1998 and 1999.
Alameda County staff has again invited the City to participate in the upcoming Urban County CDBG and
HOME Program for the Fiscal years 2000, 2001 and 2002 (see Attachment 3).
g:\cdbgXstfrpts\6-99 CC SR cooperation agreement for 00, 01, and 02
ITEM NO.
CDBG pr6gi~am .... ~ ,~
CountY staff estimates that approximately $88,
year, for a thre~ year total' Of approximatei)
Development (HUD) will provide Alamed y
2000 for the CDBG program year 2000/200 i-.
rogram
Urban Count~/CDBG P°liCiOS requir~ that a minimUrn°f 30~'
rehabilitation imProVements anda maximum:ofoo%'can be
$26,400 mUst be' ................ available fo[/h0Usihg reh~abiiit~ifi~iSn'~'iSi:'bj'~b~'~'"ancl~a~ ~i~ii~" 6'~'$52~g0'0'~6'{i'i3;'~*B~$~'s'~t~ ..........................
for jurisdictional improvement projects. The-remaining 10%'of the CDBG-hii~6~a~Bfi~:~'5~:-fig~6~i~Bi ......................
general administration. The City Council Will detemaine actUal project proposals arOufid]a~ spring Of ............ ~'
each year.
HOME Progi~am
County staff estimates that approXimatelY'S618,000 Of HOME fUnds maY be ~iva~lhbl~
County jurisdicti0ns(citi es ........ of Emeryvflle,' Albany, P~edmont, ~wark, ................................. Dubhn'~
Alameda County) during each program year. HOME funds can be used for predeV~loism~ht; iicquisi~iOh
and constrUction and/Or rehabiii'~tiOh"~b~'t~ a~s-6~-l~a/e~d ~hih~''deCei0plnent/pi-~s~e~a~ion--0f~f0rdabl~
housing.
The Urban County receives an allocation' of HOME~uhds'through~the'Al~dfi"C$~t-~/"~)~E
are invited to Submit ProjeCt proposals, county Staff 3eviews prOpOsals against'the es[abli~h'Od &i~eria"~d
makes recommendations to the Urban County TeChnical Advisory C0~ttee and'ffieH0u~in
Community Development Citizen's Advisory comnnttees, as
make recommendations to the B6'ard Supervisors, and the Board makes the final fup&ng decxsmn~.~ .........
If the City wisheS to pursue affordable senior hoUSing or miXed inc0m~ hofis~n~"proj~&'S~i-"~fi~'Ci~'~b~13 ............................
apply for HOME funds for purposes of assisting the housing'devel0per wifh pi:0~Ct fi~'~c~ing. ' ...........
Conclusions
Staff recommends that'~he City C6Ufi~j]'/i~(~"~
County Urb~'~'C~fi~ H~fi'~ifi~ pment
FiscM ye~s 2000, 2001 and 2002; ~d 2) aUthofiie
Cooperation A~eement.'
g:\cdbgkstfrpts\6-99 CC SR cooperation agreement for 00, 01 and 02
AGREEMENT
An Agreement by and between the. CITY. OF DUBLIN,. hereinafter called "CITY" and the
COUNTY OF ALAMEDA, hereinaiter 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 previouslyseparate 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:
(I) cities whose 1990 Census population exceeds 50,000 persons; and
(2) counties which qualify as art 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 commtmity development and
housing assistance activities in its incorporated areas which are not units of general local
g0vemment; and,
(2) has a combined population 0£200,000 or more in such unincorporated.areas ~d in
its included units of local government:
(A) in which it has authority to undertake.essential co ~ .rnmunit3t development and
housing assistance activities and which do not elect to have their population excluded;
or,
(B) with which it has entered into cooperatioi~ agre. ements 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 ofAlame~Ia, 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,
Page I
WHEREAS, these same five cities agree that by executing this Agreement that they may not
apply for grants under the Small Cities or State CDBG Programfrom 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 urtdertake~ 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 2000,2001,.and 2002 appropriations and from
any program income generated from the expenditure of such funds. Community renewal and lower
income housing assistance activities shall be th6se, designated or referred to within Title I of the ACT
and the regulations issued pursuant thereto.
2. To carry out community renewal and. l~ower income, housing activities, COLrNTY shall
distribute to CITY a portion of the CDBG funds received'under the ACT from Federal fiscal years
2000, 2001, and 2002 appropriations. The. fimds, 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.
It is expressly understood that as a recipient of the CDBG/HOME FUNDS from HUD,
COUNTY and CITY must take ali actions necessary.to assure_compliance with the urban county's
certification required by Section 104(b) ofTitle I of the Housing and Community Development Act
of 1974, as amended, including Tire VI of.the Civil. Rights Act of 1964, The Fair Housing Act,
Section 109 ofTitle 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 ora written agreement set.forth in CFR 570.503.
5. CITY shall inform COUNT~, Y 0fany income generated by the expenditure of CDBG funds
received by the CITY. CITY'shall pay any such program income to COLIB1Ty or CITY may ret .ain
program income subjecf to requirements set forth in this Agreement and With Written approval oftlae
COUNTY. Any program incomeCITY is authorized to.. ret~n_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 dose-out or change in status shall be paid to COUNTY.
6. 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 fak 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 dose-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 i~aformation concerning CITY and the activities CITY
carded 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.
8. 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.
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 or
CITY's failure to comply with any requkement 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 PROG1La, M and CITY s.h~ hold
COUNTY harmless from any and all loss occasioned in the performance of,-or otherwise arising out
of, this Agreement or PROGRAM.
page
?.
10. This Agreement shall go into effect immediately upon the signature, of both parties and shall
continue in full force and effect until ail activities funded by CDBG/HOME FUNDS from Federal
fiscal years 2000, 2001 and 2002 appropriations 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
2000, 2001 and 2002. Appropriations. may not be withdrawn from the urban county dudn~ 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 individuais engaged_in non-
violent civil rights demonstrations and a policy of enforcing applicable State and locals laws against
physicaily 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 Annual Action Plan with HUD.
CITY OF DUBLIN
COUNTY OF ALAMEDA
City Manager
ATTEST:
City Clerk
DATE:
APPROVED AS TO FORM:
President; Board ofSuperdsors
ATTEST:
Clerlg. Board of Supe ~rvisom
DATE:
APPROVED AS TO FORM:
City Attorney-
County. Counsel --
G:\C-'DBGADMlqk2000CDBG~lm¢ ooop agm~.wpd
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AUTHORIZING CITY OF DUBLIN PARTICIPATION IN THE ALAMEDA COUNTY HOUSING
AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS FOR FISCAL
YEARS 2000, 2001 AND 2002
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 separated grant programs for open space, public
facilities loans, water and sewer grants, urban renewal, model cities and rehabilitation loans; 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 Urban County Housing and Community Development Program undertakes community
renewal and lower income housing assistance primarily for the benefit of very 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 and HOME Investment Partnership funds; and
WHEREAS, on June 15, 1999, the City Council received a Staff Report recommending participation in
F_..,t, he Urban County Housing and Community Development Block Grant and HOME programs for the 2000, 2001
and 2002 Fiscal 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 and HOME Investment Partnership
programs; and
Section 2: That the City Manager of the City of Dublin is authorized to execute the agreement.
PASSED, APPROVED, AND ADOPTED this 15th day of June, 1999.
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
~'\cdbgkstfrpts\6 99 CC Reso Cooperation Agreement for 00, 01 and 02
ATTACHMENT 2
ALAMEDA COUNTY PLANNING DEPARTMENT
Housing & Community Development Program
May 26, 1999
carol Cirelli
City of Dublin
Planning Department
P.O. ~3ox 2340
Dublin, California 94568
Subject:
Alameda County Urban County Community Development Block Grant and
HOME Program Cooperation Agreements for Fiscal Years 2000, 2001 and 2002
bear Carol:
EnclOsed are the Urban County Qualification Schedule and six (6) Urban County Cooperation
A~eements for the City of Dublin. Please remm all ~%ur fully executed a~eements to me Mth
four copies of your city resolution author/zing participation.
Inasmuch as the deadline for submission to HUD is July 16, 1999, please ensure that I have the
executed Agreements and Resolutiong no later than June 14, 1999.
I have also included all of the back-up information on the Urban County Qualification Process
supplied by HUD. please feel free to call me at 670-5948 if you have any questions or mn into
any problems.
Sincerely,
Donna Eoff
HCD Manager
DE:de
Enclogure
~z w WINTC~N AVF:NIIF: . ~C~M 10R · HAYWARD. CA 94544 · 510/670-5404 · FAX 510/670-6378
June 1999
May26,1999
May/J~ne 1999
June 21,1999
June 15,1999
June 22,1999
June 29, 1999
July 16,1999
Urban County Qualification for Participation in the
Community Development Block Grant (CDBG) Program
for Fiscal Years 2000-2002
Schedule
HUD will provide a list of those communities that are most likely to meet
the population threshold (50,000) to be an eligible metropolitan city. '(Final
determination as to eligibility cannot be made until the updated population
estimates from the Census are received.)
Cooperation Agreements to Cities
Cooperation Agreements Executed by Cities
Cooperation Agreements due to HCD.
Board Letter due to County Administrator's Office
Cooperation Agreements due to Clerk, Board of Supervisors.
Board of Supervisors to execute Cooperation Agreements.
Cooperation Agreements due to HUD.
G:\CDBGADMN~000CDBGXdme coop schedule.alxl