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Home My WebLink About4.06 CDBG Home Funds . .CITY CLERK File # Dr&j[Q[Q]..P716J . AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 17, 2005 SUBJECT: Agreement between the County of Alameda and the City of DlIblin for participation in the Alameda Urban County CDBGIHOME FUNDS Program for Fiscal Years 2006-2008 (Report Prepared by Julia Abdala, Housing Specialist) ATTACHMENT 1. 2. 3. Resolution authorizing the City-County Agreement City-County Cooperation Agreement Letter from Donna Eoff, Alameda County Housing and Community Development Manager qß' Adopt resolution, Attachment I, authorizing an agreement bctwecn the City of Dublin and the County of Alameda for participation in the Alameda Urban County CDBGIHOMES FUNDS Program for Fiscal Years 2006-2008, and au.thorizing the Mayor to execute four originals of the agreement. RECOMMENDA nON: FINANCIAL STATEMENT: None at this time. DESCRIPTION: Title I of the Housing and Community Development Act of 1974, enacted by the United States Con~,'ress, 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 ordcr to continue to receive CDBG funds and to qua1ify 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 2006 through June 2008. This cooperation agreement is entered into about a year ahead of time so that HUD will better bc able to establish the formula amounts that will detennine how much is made available to various jurisdictions, including Urhan Counties throughout the United States. Participation in the Alameda County Urban County CDBGIHOMES FUNDS Program allows the City to be eligible to receive the CDBG fimds that the County distributes to the Urban Cities throllgh a formula allocation system. It further provides the opportunity of participating Cities to apply for HOME funds for qualitying programs. Additionally, participation in the Urban County Program requires the County to produce all reqllired 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. ___________________________________~__________R~____________......______________M________________~.______________ COPIES TO: In-House Distribution l"b~ ITEMNO.~ tI~ Attachment 2 is the 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 Fcderal Fiscal Years 2006, 2007 and 2008 appropriations are completed. RECOMMENDA nON Staff rccommends that the City Council approve the attached cooperation agreement, adopt the attached resolution and continue to partiçipate in the Alameda Urban County CDBG/HOME FUNDS Program. ¿q}- RESOLUTION NO. 05 \~}~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING AN 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 2006-2008 (THREE YEARRS) AUTHORIZING THE MAYOR TO SIGN THE ABOVE AGREEMENT. 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 CDBO or HOME funds through agencies other than HUD such as Urban County Programs; 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 May 17,2005, the City Council received a Staff Report recommending participation in the Alameda County Urban County COBO/HOME FUNDS Program for fiscal years 2006-2008. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin takes the following actions: 1) Authorizes that the City of Dublin enter into an agreement with the County of Alameda for participation in the CDBOIHOMES FUNDS Program for Fiscal Yeaers 2006-2008. 2) Authorizes the Mayor of the City of Dublin to sign this agreement on behalf of the City. PASSED, APPROVED, AND ADOPTED this 17th day of May 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5-17-0:5"' <-t. /,p ATTACHMENt I G/CDBG/STFRPTSlResolutionl CDBG. 3 Year Agr.06-08 t Zr1b~ ~ AGREEMENT An Agreement by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, bereinafter 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 progrants for opcn space, public facility loans, water and sewer grants, urban renewal, model cities, rehabiJitation loans, and affordable housing; and; WHEREAS, Title I makes available entitlcment grants to: (1) cities whose 2000 Census population excecds 50,000 persons; and (2) counties which qualify as an urban county; and WHEREAS, tbe tenn "urban county" means any county within a metropoJitan area which: (1) is authorizcd under state law to undertake esscntial connnunity development and housing assistance activities in its incorporated aœas which aœ not units of general local govemment; and, (2) has a combined population of200,000 or morc in such unincorponlted arcas and in its included units oflocal governmcnt: (A) in whicb it has authority to undertake esscntial connnunity development and housing assistance activities and which do not clect to have their population excluded; or, (B) with wbich it has entered into cooperation agreements to undcrtake or to assist in the undertaking of essential community development and housing assistance activities; and, WHEREAS, fivc cities in Alameda County have a 2000 Census population of less than 50,000; and, WHEREAS, these same five cities may join with tbe County of Alameda to fonn a combined 2000 Census population of200,000 or more persons, thercby qualifYing as an urban county, and be cligible for an entitlement of Connnunity Development Block Grant and HOME Investment Partnership funds; and, WHEREAS, these sante five cities agree that by executing this Agrcement that tltey may not apply for grants under thc Small Cities or State CDBG Program from appropriations for fiscal ycars Cooperation Agl"etJ'nent Page I ATTACHMENT 2. '3~~ . during the period in which it is participating in the Urban County's CDBG program; and WHEREAS, these same fivc 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 receivcs a HOME formula allocation; and, WHEREAS, the Department of Housing and Urban Development, hereinafter called "HUD", has made a dctcrmination that the COUNTY has thc cssential powers to operate as an urban county. THEREFORE, it is agrecd that: 1. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifica\Jy urban renewal and publicly assisted housing, hercinafter called "PROGRAM", to be carried out with annual Community Development Block Grant and HOME Investment Partnership funds, hereinafter called "CDBG/HOME FUNDS", finn Federal fiscal years 2006, 2007 and 2008 appropriations and from any program incomc generated from the expenditure of such funds. Conlmunityrenewal and lower income housing assistance activities shall be those designated or refcrred to within Title I of the ACT and the regulations issued pursuant thercto. 2. To carry out community renewal and lower incomc housing activities, COUNTY shall distribute to CITY a portion of the CDBG funds received lUJder thc ACT from Federal fiscal years 2006, 2007 and 2008 appropriations. The fWlds distributed to CITY shall be detenuined in accordance with such needs, objectivcs, or strategies, as COUNTY shall decide. In preparing the needs, objectives or strategies, COUNTY shall consult with CITY before making its determinations. The distrihution of HOME fimds to the Urban County is bascd 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 1 04(b) of Title I ofthe Housing and CommlUJityDevelopment Act of 1974, as amended, including Title VI ofthc Civil Rigbts Act of 1964, The Fair Housing Act, Section 109 ofTitle I of the Housing and Community Development Act of1974 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 affimlatively further fair housing within its own jurisdiction or that impedes thc COlUJty's actions to comply with its fair bousing certification is prohibitcd. 4. Pursuant to 24 CFR 570.50 l(b), CITY is subject to the same requirements applicable to sub- recipients, inclllding the requirement of a written agreement set forth in CFR 570.503. 5. CITY shal1 inform COUNTY of any ineomc generated by the expenditure ofCDBG 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 ofthe COUNTY. Any progranl income CITY is authoriled to retain may only be used for eligible activities in accordance with all CDBG requirements as may then apply. COUNTY has the Cooperation AgrccrOCl'Jt Page 2 ~h . 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 shaH be paid to COUNTY. 6. In regard to real property that is in within the control of ClTY due to bcing 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 (,f the real property from that plmmed 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 undcr 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 requirc to carry out community renewal and lower income housing activities or meet Federal requirements. All infonnation shall be submittcd on forms prescribed by COUNTY. h1 addition, CITY agrees to make available upon request all records concerning the activities carDed 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 he 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 hannless 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 respcct 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 hannless from any and all loss occasioned in the performance of, or otherwise arising out of, this Agreement orPROGRAM. 10. This Agreemcnt 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 2006, 2007 and 2008 appropriations arc completed. CITY will he included in the urban county for the entire three years period funded by CDBG/HOME FUNDS from Federal fiscal years 2006, 2007 and 2008. Appropriations may not be withdrawn from the urban county during this CÚú'peration Ab'Tt:ernent Page J fi Oblo CITY shall hold COUNTY hannless 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 2006, 2007 and 2008 appropriations are completed. CITY will be included in the urban county for the entire tluee years period funded by CDBG/HOME FUNDS from Federal fiscal years 2006,2007 and 2008. 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: City Clerk ATTEST: Clerk, Board of Supervisors DATE: APPROVED AS TO FORM: DATE: APPROVED AS TO FORM: City Attorney County Counsel G:\HCD\CDBGADMN\2005 CDBG\Urban County Qualifkatíun\dme 2006,2007 .2008 coop agreements.doc C¡)n~ration Agreement Page 4 {Pr/blo Ja..rn,~!; E. SurenstJ\ Ah>(·nç:r])ir~.mr /'( hcd Liildíl M. Gardn~r HL'lw:i'I'YJ'>Ði1'~,t(¡r 224 W~.~t Wimùn Av(':nll~ Room 10S lJ ay"""d California 94544-1215 phone 510. 670.5404 fax 510.670.6.178 Try 510.265.0253 www. Gú,alaro~da.ca.uslcJa ALAMEDA COUNIT COMMUNIIT DEVEWPMEN1' AGENCY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT March 15,2005 Gaylenc Burkett City of Dublin 100 Civic Plaza Dublin, California 94568 Dear Ms. Burkett: As stated in my March 3, 2005 letter, every three years, Alameda County must re- qualify as an Urban County to receive its Community Development Block Grant (CDBG) allocation. As part of this re-qualification, HCD is required to notify each parlicipatingjurisdiction of its options to be excluded from the Urban County during the next three-year re-qualification phase. You have formally indicated that your jurisdiction will continue its participation in the Alameda County Urban County for thc 2006, 2007 and 2008 program years. Four (4) original three-year Cooperation Agreements between your City and Alameda County arc enclosed for execution and are duë back to me b~!i. Please ensure that you return all four to me. If you have any questions, please tecl free to contact me at (510) 670-5948 or at dOlllla.eoffíaìacgov.org. Sincerely, ~1Vt-6-- Donna Eoff CDA Manager f\Ttf\C\\tAEtn 3 REcr/ven, i'1AR 1 6 2005 ;'YJBUN PLANIIIING¡