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Home My WebLink About4.03 BlockGrnt&HOME Pgrm . ~ CITY CLERK File # D~~[Q]-~[li] ;:. AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 13,1996 SUBJECT: Participation in the Alameda County Community Development Block Grant and HOME Program Cooperation Agreements for Fiscal Years 1997, 1998 and 1999 (Report Prepared by Carol R. Cirelli, Senior Planner) EXHIBITS ATTACHED: Exhibit A: Exhibit B: City-County Cooperation Agreement Draft Resolution Authorizing Participation in the Alameda County Urban County Community Development Block Grant and HOME Program Letter From Donna Eoff, HCD Specialist Exhibit C: RECOMMENDATION: :~ Adopt draft Resolution, Exhibit B, agreeing to participate in the Alameda County Urban County Community Development Block Grant and HOME Program for fiscal years 1997, 1998 and 1999, and authorizing the City Manager to execute the City-County Cooperation Agreement; or give staff direction and continue the matter. :.'. 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. The City has also participated in the Alameda County Urban County HOME Investment Partnership Program since 1992. In August, 1993, the City entered into a City-County Cooperation Agreement for CDBG and HOME Program for fiscal years 1994, 1995 and 1996. Alameda County staffhas invited the City to participate in the upcoming Urban County CDBG and HOME Program for the 1997, 1998 and 1999 fiscal years. County staff estimates that approximately $93,870.00 of CDBG funds may be available during each program year, for a three year total of approximately $281,610.00. The U.S. Department of Housing and Community Development (BUD) will provide the County with final figures around May of 1997. .~------------------------------------------------------------------- . - - COPIES TO: In-House Distribution ITEMNO.~ g:\cdbg\8-13ccsr Urban County CDBG policies require that a minimum of 33% ofthe funds must be used for ~ housing rehabilitation improvements and a maximum of 60% can be used for jurisdictional improvement projects, such as park handicap accessibility improvements, handicap ramps for sidewalks, construction of community service buildings, etc. If $93,870.00 is available each year, a minimum of $30,977.00 could be used for housing rehabilitation projects, and a maximum of $56,322.00 could be used for jurisdictional improvement projects. The City Council will determine actual project proposals around late spring of each year. 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 and HOME Program for the fiscal years 1997, 1998 and 1999; and 2) authorizing the City Manager to execute the City-County Cooperation Agreement. . . - . e:. . ~ . . - .~', .. .:.-. . . . AGREEMENT An Agreement by and between the CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, hereinafter called "COUNTY". \VH.EREAS, 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, WHEREA.S, 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 generalloca1 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, \\THEREAS, 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 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 EXH~~IT A 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 "BUD", 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 1997, 1998, and 1999 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 1997, 1998, and 1999 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 BUD, 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 of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, The Fair HO!lsing 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 COUl\1TY. . e. e: 1. "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 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 (;ity MLm<le~r or l)~"ienf>.e 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. 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 1997, 1998 and 1999 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 1997, 1998 and 1999, appropriations may not be withdrawn from the urban county during this agreement period. 11. CITY 3.eorees 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 COUl\1TY has final responsibility for selecting CDBG and HOME activities and annually filing the Final Statement with BUD. CITY OF DUBLIN COUNTY OF ALAMEDA City Manager President, Board of Supervisors .. ATTEST: . City Mane.;er CLcR.. K- ATTEST: Clerk, Board of Supervisors DATE: DATE: APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney County Counsel (G:\ADM1N\96CDBGICOOP .DME) e.: ., .~ j RESOLUTION NO. - 96 . 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 AND HOME PROGRAM WHEREAS, the Congress ofthe United States has enacted the Housing and Community Development Act of 1974, and subsequent amendments to such Act, hereinafter called "ACT"; and \VHEREAS, 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 \VHEREAS, the U.S. Department of Housing and Community 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 \VHEREAS, 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 August 13, 1996, the City Council received a staffreport recommending participation in the Urban County Housing and Community Development Block Grant and HOME Program for the 1997, 1998 and 1999 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 Program; Section 2: that the City Manager of the City of Dublin is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 13th day of August, 1996. A \'ES: NOES: ABSENT: ABSTAIN: . ATTEST: Mayor City Clerk g:\CDBG\8-13reso\crc s A ALAMEDA COU!\;IY PLANNING DEPARTMENT Housing & Community Development Program . R!;CEIVE~ July 10, 1996 "'! . 1 11'''''''' .j l: L' :1:'tJ DUBLIN Pf...ANN;~';G Tasha Huston City of Dublin P.O. Box 2340 Dublin, California 94568 Subject: Alameda County Urban County Community Development Block Grant and HOME Program Cooperation Agreements for Fiscal Years 1997, 1998 and 1999 Dear Tasha: e. Enclosed are four (4) Urban County Cooperation Agreements for the City of Dublin. Please return all four fully executed agreements to me with four copies of your city resolution authorizing participation. Inasmuch as the deadline for submission to HUD is July 12th (which, we will be unable to meet), HUD has requested that the Agreements be submitted as soon as possible. I am scheduling this item to be heard/approval by the Board of Supervisors on July 30, 1996. Unfortunately, most cities will not be able to return executed Agreements to me by that date, and therefore, I would like to be notified when the Agreements are executed by your City Council so that I can pick them up and coordinate a one-time signing of all Agreements by the Board of Supervisors. Cal] me at 670-5948 if you have any questions or run into any problems. Sincere] y, ~~ Donna Eoff HCD Specialist EXH~ .IT C . DE:de Enclosure 224 W. WINTON AVENUE. ROOM 108 . HAYWARD. CA 94544 . 510/670-5404 . FAX 510/670-6378