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HomeMy WebLinkAbout4.09 CDBG Program 1991 30 _ � 0 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 13, 1990 SUBJECT: Participation in Alameda County Community Development Block Grant Program for the 1991 , 1992 and 1993 Program Years . REPORT PREPARED BY: Dennis Carrington, Senior Planner U�_. EXHIBITS ATTACHED: 1 - Letter from Adolph Martinelli, Alameda County Planning Director 2 - City-County Cooperation Agreement 3 - Draft Resolution re : City-County Cooperation Agreement RECOMMENDATION: 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 October, 1987 , the City entered into a City-County Cooperation Agreement for CDBG Program Years 1988 , 1989 and 1990 . The Alameda County Staff has invited the City to participate in the upcoming Urban County CDBG Program for the 1991 , 1992 and 1993 Program Years . The Alameda County Staff estimates that approximately $41 , 000 of CDBG funds may be available during each program year, for a three year total of approximately $123 , 000 . Final figures from the U. S . Department of Housing and Urban Development (HUD) are expected in January 1991 . Per the Urban County policies, a minimum of 33% must be used for housing projects , leaving a maximum of 67% for public improvement projects . If $41 , 000 is available each year, a minimum of $13 , 530 could be used for housing projects , and a maximum of $27 , 470 could be used for public 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 1991 , 1992 and 1993 Program Years , and 2 ) authorizing the Mayor to execute the City-County Cooperation Agreement . ---------------------------------------------------------------------- ITEM NO. COPIES TO: HCD File Project Planner [HCDCOOP] Agenda File ALAMEDA COUNTY PLANNING DEPARTMENT • Development Planning • Housing&Community Development Policy Planning&Research • Zoning Administration&Enforcement 399 Elmhurst Street,Hayward, CA 94544 (415) 670-5400 FAX(415) 785-8793 RECEIVED RECEiV.ED JUL 17 1990 JU,L 1 G i�'39j0 DUBLIN PLANNING CITY C.'-- SUB N July 11, 1990 Richard Ambrose, City Manager P.O. Box 2340 Dublin, CA 94566 Subject: Participation in the Alameda County Urban County Housing and Community Development (HCD) Block Grant Program for the 1991, 1992 and 1993 Program Years - Execution of Cooperation Agreements Dear Mr. Ambrose: Several Alameda County jurisdictions have participated in the Urban County HCD Program over the past fifteen years. The Alameda County Urban County is again initiating preparations for its three year Application for Housing and Community Development Block Grant (CDBG) funds to the Department of Housing and Urban Development (HUD) in order to continue the Urban County HCD Program over the 1991, 1992 and 1993 program years. The purpose of this letter is to invite cities to participate in the Urban County HCD program during the upcoming three year application period. The Urban County HCD Program undertakes community renewal and lower income housing assistance projects. In the program year ending June 30, 1990 activities included affordable housing development, minor home repair, housing rehabilitation, construction of streets and other public improvements, fair housing activities, removal of architectural barriers, and economic development activities. The main criteria for project eligibility is that a project benefit low to moderate income populations. Under current HUD regulations, the County must take full responsibility for the execution of the community development and housing assistance programs and for meeting the requirements of other applicable laws. In addition, the County will work cooperatively with participating cities in determining project proposals for funding, although the County holds final responsibility for all project selections. WEE tAHIRWNT 'Nowwwwa. July 11, 1990 City Cooperation Agreements Page two Participation by your City in the Urban County program will require your City Council to approve the enclosed City-County Cooperation Agreement. Four executed copies and four copies of the authorizing resolution must be returned to my office by August 10, 1990. It is essential that this deadline be met in order for Alameda County to meet HUD's submission date. All agreements must be endorsed by the original signature of the City's Mayor. Upon receipt by the County of the executed agreements and City resolutions, the County will submit all documentation to the Board of Supervisors for approval. If you anticipate problems with this schedule, please contact Berty Gary, HCD Program Specialist at 670-5947. Very truly yours, Adolph Martinelli Planning Director AM:sg 0665E cc: County Administrator County Counsel Dennis Carrington A G R E E M E N T 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 and rehabilitation loans; and, WHEREAS, Title I makes available entitlement grants to: (1) cities whose 1980 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: A. is authorized under state law to undertake essential community development and housing assistance activities in its unincorporated areas which are not units of general local government; and, B. has a combined population of 200,000 or more in such unincorporated areas and in its included units of local government: (i) 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, (ii) 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, six cities in Alameda County have a 1980 Census population of less than 50,000; and, WHEREAS, these same six cities may join with the County of Alameda to form a combined 1980 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: BMW mm,a 2, LAMD11 �..� 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 1991, 1992, and 1993 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 1991, 1992, and 1993 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 1 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 subrecipients, including the requirement of a written agreement set forth in 24 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. (2) 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 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 offical or deputy. It is the exclusive. duty of the designated official or deputy to notify the correct individuals or department 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 n the performance of, or otherwise arising out of, this Agreement or Program 61/LIUVI Clci aV � 4v � � CL 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 1991, 1992 and 1993 appropriations are completed. CITY will be included in the urban county for the entire three year period funded by Block Grants from Federal fiscal years 1991, 1992 and 1993, appropriations may not be withdrawn from the urban county during this agreement. period. CITY OF DUBLIN COUNTY OF ALAMEDA Mayor Chairman of the Board of Supervisors ATTEST: ATTEST: City Clerk Clerk, Board of Supervisors DATE: DATE: 0662B/4 (3) RESOLUTION NO. - 90 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 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, six 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 13 , 1990, the City Council received a Staff Report recommending participation in the Urban County Housing and Community Development Block Grant Program for the 1991 , 1992 and 1993 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. DMIBIT 30wam� PASSED, APPROVED AND ADOPTED this 13th day of August, 1990. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. - 90 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 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, six 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 13, 1990 , the City Council received a Staff Report recommending participation in the Urban County Housing and . Community Development Block Grant Program for the 1991 , 1992 and 1993 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 13th day of August, 1990 . AYES: NOES: ABSENT: ATTEST: Mayor City Clerk