Loading...
HomeMy WebLinkAboutItem 4.02 AlaCoUrbanCDBG CI'TY CLERK File# 600-40 AGENDA STATEMENT CZTY COUNCTL MEETZNG DATE: May 2002 SUBJECT: Cooperation Agreement between the County of Alameda and the City of Dublin for participation in the Alameda Urban County CDBG/HOME FUNDS Program for Fiscal Years 2003-2005 (Report Prepared by Julia Abdala, Housing SpecialisO ATTACHMENT 1. Resolution authorizing the City-County Cooperation Agreement 2. City-County Cooperation Agreement 3. Letter from Donna Eoff, Alameda County Housing and Community Development Specialist RECOMMENDATION: 1. Open public hearing  2. Receive staff presentation 3. Receive public comment 4. Close public hearing 5. Deliberate 6. Adopt Resolution Attachment 1 authorizing an agreement between the City of Dublin and the County of'Alameda for participation in the Alameda Urban County CDBG/HOMES FUNDS Program for Fiscal Years 2003-2005 and authorizing the Mayor to execute the agreement on behalf of the City. FINANCIAL STATEMENT: None at this time. DESCRIPTION: Title I of the Housing and Community' Development Act of 1974, enacted by the United States Congress, makes available separate HUD grant programs to Cities with populations that exceed 50,000 people. CDBG is one of these grants. Cities with populations less than 50,000 may also obtain the various grants but must do so in an indirect manner. The City of Dublin has been participating in the Alameda Urban County program for the receipt of CDBG funds in past years. In order to continue to receive CDBG funds and to qualify to apply for HOME funds through the Alameda Urban County program the City would need to commit to a three (3) year cooperation agreement beginning in July 2003 through June 2005. This cooperation agreement is entered into about a year ahead of time so that HUD will better be able to COPIES TO: In-House Distribution G:Xagendas\02\cdbg staff rprtccounty 3 yr agmnt L/ ITEM NO.'-~. establish the formula amounts that will determine how much is made available to various jurisdictions, including Urban Counties throughout the United States. Participation in the Alameda County Urban County CDBG/HOMES 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 programs. Additionally, participation in the Urban County Program requires the County to produce all required reports for Dublin and provide this information to HUD. Participation also allows for the City of Dublin to provide a staff representative to attend the Urban County Technical Advisory Committee every other month. Attachment 2 is the Cooperation Agreement between the City of Dublin and the County of Alameda. This agreement would become effective immediately upon the signature of both parties and would continue until all activities funded by CDBG/HOME FUNDS from Federal Fiscal Years 2003, 2004 and 2005 appropriations are completed. RECOMMENDATION: Staff recommends that the City Council: 1.. Open public hearing 2. Receive Staff presentation 3. Receive public comment 4. Close public hearing 5. Deliberate 6. Adopt Resolution Attachment 1 authorizing an agreement between the City of Dublin and the County of Alameda for participation in the Alameda Urban County CDBG/HOMES FUNDS Program for Fiscal Years 2003-2005 and authorizing the Mayor to execute the agreement on behalf of the City. RESOLUTION NO. - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING A COOPERATION AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA FOR PARTICIPATION IN THE ALAMEDA URBAN COUNTY CDBG/HOME FUNDS PROGRAM FOR FISCAL YEARS 2003-2005 (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 funds through agencies other than HUD such as Urban County Programs 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 cooperation agreement between cities and their respective county for participation in the Urban County Program; and WHEREAS, on May 21, 2002, the City Council received a Staff Report recommending participation in the Alameda County Urban County CDBG/HOME FUNDS Program for fiscal years 2003 -2005. 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 a cooperation agreement with the County of Alameda for participation in the CDBG/HOME FUNDS Program for Fiscal Years 2003-2005. Section 2: That the Mayor of the City of Dublin is authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED this 21 st day of May 2002. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk c//~ ~. G:~gendasL2002~Resolution. City-County Agreement 03-05.doc ATTACHMENT 1 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 2000 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 2000 Census population of less than 50,000; and, WHEREAS, these same five cities may join with the County of Alameda to form a combined 2000 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 Parmership funds; and, ~?~ ~: ~'.'7 ~-' ,'??~; ~' Cooperation Agreement :~.a'~,~.,,~ ~- ~ .... , ' Page 1 - ATTACHMENT 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 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 Grant and HOME Investment Partnership funds, hereinafter called "CDBG/HOME FUNDS", from Federal fiscal years 2003, 2004 and 2005 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 2003, 2004 and 2005 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. 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. 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. Cooperation Agreement · Page 2 · 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 and with written approval ol~ 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. 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 usingCDBG 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. 7. 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. 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, indenmify 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 Cooperation Agreement · ' Page 3 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. Thi~ 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 2003, 2004 and 2005 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 2003, 2004 and 2005. 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 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: City Attorney County Counsel G:\HCD\CDBGADMN\dme 2003 coop agreements.wpd Cooperation Agreement · Page 4 ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Adolph Martinelli Agency Director Linda M. Gardner Housing Director April 22, 2002 224 West Winton Avenue Room 108 Julia Abdala Hayward California City of Dublin 94544-121S P.O. Box 2340 ~hone Dublin, California 94568 510.670.5404 fax Dear Ms. Abdala: 510.670.6378 TDD 510. 265.0253 Enclosed are four original Community Development Block Grant Cooperation ~. Agreements between the County of Alameda and the City of Dublin for FY2003-2005. co.alameda.ca.us/cda Please remm all four originals to me along with a City Council resolution. Once the Board of Supervisors has executed the agreements, two originals will be returned to yOU, If you have any questions, please contact me at (510) 670-5948. Sincerely, Donna Eoff Housing and Community Development Manager DE:de Enclosure ATTACHMENT