Loading...
HomeMy WebLinkAboutResolution 49-93 RESOLUTION NO. 49-93 A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO, CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO ESTABLISHING JOINT PARTICIPATION IN A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the County of San Luis Obispo ( "County" ) , a political subdivision of the State of California, and the City of Atascadero (City" ) , a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD) ; and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ( "parties" ) to improve housing opportunities for low- and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities or services; and WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons; and WHEREAS, the City, as part of the federally designated "San Luis Obispo -- Atascadero - Paso Robles Metropolitan Area" , wishes to defer its entitlement status to the County for the mutual benefit of both jurisdictions; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the CDBG program; THEREFORE, BE IT RESOLVEDBYTHE ATASCADERO CITY COUNCIL AS FOLLOWS: Section 1. F ndings. 1. The proposed Cooperation Agreement is consistent with the general plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. 2 . The proposed Cooperation Agreement will promote the public health, safety and welfarebyenabling the City and County to participate in the U.S. Department of Housing and Urban Development' s Community Development Block Grant Program under an "urban county" entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available. Resolution 49-93 Page Two 3. The Parties intend to adopt a Memorandum of Understanding which will establish administrative policies and procedures, performance standards, and guidelines for block grant program implementation by the County and participating cities. 4. The proposed Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and the City' s Environmental Guidelines. Section 2. Authorization to enter into Cooperation Agreement. Pursuant to Federal Regulations 24 CFR 570.501 (b) , et. seq. , the City Council hereby authorizes the Mayor to enter into a cooperation agreement, Exhibit "A" , with the County to enable joint participation in the Community Development Block Grant program U.S. Department of Housing and Urban Development (HUD) . Section _ 3. City AdMinistrative Officer authorized to act for City. The City Manager, the City' s Administrative Officer, is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on-going operation of the Community Development Block Grant Program, and other activities necessary to carry out the intent of the agreement. Section 4. Public Notice. A summary_copy of this resolution, together with the ayes and noes, shall be published at least once in full, within 10 days after its adoption, in the Atascadero News, a newspaper published and circulated in the City. A copy of the full text of this resolution shall be on file in the office of the City Clerk and shall be available to any interested member of the public. On motion by _Councilman Nimmo, and seconded by Councilman Luna, the foregoing resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Borgeson, Luna, Nimmo and Mayor Rudlac NOES: None ABSENT: None ADOPTED: June 22, 1993 CITY OF ATASCADERO By: ,J&RT7 tUDLAC, Mayor Resolution No. 49-93 Page Three ATTE T. LEE IkAdOIN,, Crity lerk APPROVED: tAl Cit Administrative Officer APPROVED AS TO FORM: ARTHER MON ON, ty Attorne APPROVED AS TO CONTENT: HENRY ENGEN Community D velopmen Director RESOLUTION NO. 49-93 EXHIBIT "A" Page 1 A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ATASCADERO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1994 THROUGH 1996 THIS AGREEMENT is made and entered into this day of— f 1993, by and between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "County" ; and the City of Atascadero, a municipal corp- poration of the State of California, located in the County of San Luis Obispo, hereinafter called "City" ; jointly referred to as "Parties. " W I T N E S S E T H WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act" . Said Act is omnibus legislation relating to Federal involvement in a wide range of housing and community development activities and contains eight separate titles; WHEREAS, Title I of the Act is entitled "Community Development" and consolidates several existing categorical programs for housing and community development into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and development of metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; WHEREAS, The City of Atascadero has been designated as an entitlement city by the U.S. Department of Housing and Urban Development (HUD) , and it has been determined that the City is eligible to receive Community Development Block Grant (CDBG or "program" ) funds under HUD guidelines; WHEREAS, The County of San Luis Obispo has requested of HUD that the County be designated as an "urban county" , and County has been informed preliminarily, subject to final determination, that it will qualify as an urban county and be eligible to receive program funds provided that the County' s entitled cities defer their entitlement to County to enable both the County and the entitlement cities to jointly participate in the program; WHEREAS, The City desires to participate jointly with the County in said program, and is willing to defer its entitlement to the County under the terms of this agreement; WHEREAS, The Housing and Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds and that cities and smaller RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Two communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; WHEREAS, As the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statutes, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the community development program, and the assurances or certifications; WHEREAS, By executing this agreement, the Parties hereby give notice of their intention to participate in an Urban County Community Development Block Grant program. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: SECTION I. General. A. Responsible Officers. The Administrator of the County of San Luis Obispo ( "Administrator" ) is hereby authorized to act as applicant for the Community Development Block Grant Program and to administer block grant funding and activities under the program. The City Administrative Officer ( "CAO" ) is hereby authorized to act as the responsible officer of the City under the program. B. Full Cooperation. Parties agree to fully cooperate or to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; public services; and economic development. C. Term of Agreement. The term of this Agreement shall be for a period of three (3) years commencing on the date specified below and extending through Federal fiscal years 1994, 1995, and 1996. The Agreement remains in effect until the CDBG (and HOME, whereapplicable) funds and income received with respect to the three-year qualification period are expended and the funded activities are completed. The Parties may not terminate or withdraw from the agreement while the agreement remains in effect D. Scope of Agreement. This agreement covers both the CDBG Entitlement Program and, where applicable (i.e. , where the urban county receives funding under the HOME program as a participating jurisdiction or as a member of a HOME consortium) , the HOME Investment Partnership Program RESOLUTION NO. 49-93 EXHIBIT "A" Corporation Agreement Page Three SECTION II. preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Community Development Plan. City shall prepare a community development plan, for the period of this agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short- and long-term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City' s desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County' s program application. C. Preparation of "CHAS. " City agrees to assist and co- operate with County in the preparation of a Comprehensive Housing Affordability Strategy (CHAS) , as required by HUD, by providing the housing, economic and demographic data, community development objectives, policies, programs, plans and other relevant city information reasonably necessary for the timely and thorough completion of the CHAS. D. Application Submittal. County agrees to commit sufficient resources to completing and submitting the CDBG application, CHAS, and supporting documents to HUD in time for the Parties to be eligible to receive funding by July 1994, and to hold public hearings as required to meet HUD requirements. E. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the Federal regulations established by HUD to secure entitlement grant funding beginning July 1, 1994. F. Grant Eligibility. In executing this agreement, the Parties understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the urban county' s CDBG entitlement program; and further, the City shall not be eligible to participate in a HOME consortium except through the urban county, regardless of whether the urban county requires a HOME formula allocation. RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Four SECTION III. CDBQ Program Administration. A. Program Authorisation. County Administrator is hereby authorized to carry out activities which will be funded from the annual Community Development Block Grant from federal fiscal year 1994, 1995, and 1996 appropriations and from any program income generated from the expenditure of such funds. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG application, and that County shall thereby become legally liable and responsible thereunder for the proper performance of the plan CDBG Urban County program. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the City' s community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501 (b) , the unit of local government is subject to the same requirements applicable to subrecipients, including entering into a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program Funds. A. Allocation of funds. All funds received by County pur- suant to this agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended. 1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through" the allocated funds to City as subrecipient within 30 days of written request by the City to fund specific projects or programs, up to an total amount equal to that to which City would have been entitled had it applied separately as a "metropolitan city" , using HUD allocation formulas, and that no "administrative" fee or other RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Five fees will be deducted by County to meet its obligations under the terms of this agreement. Further, with respect to such "pass through" funds, County agrees to fully cooperate and assist City in implementing City projects and activities. 2) Non-Metropolitan Cities' Allocation. County agrees to allocate a portion of program funds to the non-Metropolitan, incorporated cities participating in the program. Amount of allocation per city shall not be less than 12 .50 percent of the Net County Funding. "Net County Funding" shall mean the total program funds allocated annually by HUD, less the Metropolitan Cities' (Atascadero, El Paso De Robles, San Luis Obispo) allocation as described above, and less the County's general administrative costs as allowed by HUD regulations. At the non-Metropolitan cities ' option, their program allocation may be met "in-kind" by County implementation of eligible programs or projects of equivalent cost within each non-Metropolitan city' s corporate limits. 3) Special Urban Projects Fund. It is further agreed that County shall set aside a portion of Net County Funding as a Special Urban Projects Fund, available to all participating jurisdictions in San Luis Obispo County on a competitive basis. Amount of the Fund shall equal fifteen ( 15) percent of Net County Funding. The Special Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities partici- pating in the program. B. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain adminis- trative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City' s plan; and further, County agrees thatafter "pass through" of program funds to City, County shall not use its remaining balance of funds in any way that would limit City' s ability to use its CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. C. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement, the Act and its Regula- tions. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Six D. Use of Program Income. County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on hand or received by the City subsequent to the close-out or change of status shall be paid to the County. E. Change in Use of Property. City shall notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. F. Reimbursement Upon Sale or Transfer. City shall reimburse the 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 Regulations. City shall inform the County of such program income within thirty (30) days if the income results from the sale or change of use of property acquired or improved with CDBG funds. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperating unit of general local govern- ment 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. H. Conflict Resolution. In the event of disagreement or objections by City or County as to the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD` s binding arbitration and written determination as to the appropriate resolution or disposition of funds. SECTION V. Amendment Qr, Extension of Agreement. A. Supplemental Statement. It is anticipated that the program application will be approved prior to July 1, 1994 and be in effect through June 30, 1997 . For each fiscal year during the term of this Agreement, County and City shall enter into a Supplemental Statement, prepared jointly by County and City, that will list the project(s) City will undertake with its entitlement funds during that program year. Said agreement will set forth the project changes, time schedule for completion of the project(s) , and additional funding sources, if any. RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Seven B. Extension of Supplemental Agreement. If substantial compliance with the completion schedule cannot be met by the City due to unforeseen or uncontrollable circumstances, the City may extend the schedule for project completion, as allowed by Federal Regulations. C. Amendments. Parties agree that a fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. ComRliange with Federal Regulations. A. General. Parties agree to take all actions necessary to comply 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, as amended; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with Federal citizen participation requirements of 570. 301 (a) (2) , and provide citizens with: 1 . An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2. A plan for minimizing displacement of persons as a result of CDBG-assisted activities and programs, and to provide assistance to such persons. C. Citizen Participation Plan. Parties agree to follow a citizen participation plan which 1. Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2 . Provides citizens with reasonable and timely access to local meetings, staff reports and other information relating to grantee' s proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Right 3. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for handicapped persons; 4. Provides for a timely written answer to written com- plaints and grievances, within 30 working days where practicable; 5. Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. D. Parties hereby certify, to the best of their knowledge and belief, that: 1. Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. 2. Influence. If any funds other than federally appropri- ated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this -federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. 3. Certification Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and con- tracts under grants, loans, and cooperative agreements) , and that all grant subrecipients shall certify and disclose RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page Nine accordingly. This certification is a material representa- tion of fact upon which reliance was placed when this transaction was entered into. E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144, (the 1990 HUD appropriations Act) , the Parties certify that they have adopted and are enforcing: 1 . A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdic- tions against any individuals engaged in non-violent civil rights demonstrations; and 2 . A policy of enforcing State and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeeping A. HUD Certification. The CAO or the City Attorney are hereby authorized to execute and submit to the County the HUD Certifi- cation Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certifications executed by the CAO or City Attorney for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and/or County on reasonable notice during the normal business hours of the City. IN WITNESS WHEREOF, the City Council of the City of Atascadero and the Board of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement and direct its execution by their respective chief administrative officers on this day of , 1993. County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are full authorized under State and local law, and that the Agreement provides full legal authority RESOLUTION NO. 49-93 EXHIBIT "A" Cooperation Agreement Page 10 for the County to undertake or assist in undertaking a ential com- munity development and housing assistance activities specifically urban renewal and public assisted housing. By: Jim Lindholm, County Counsel COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervis rs . ATTEST: \ b MITCH COONEY, County Clerk CITY OF ATASCADERO By: MARTY KUDLAC, Mayor RAY WINDSOR, Ci y Administrative Officer APPROVED AS TO F RM: ARTHERMQN "DON, City Attorney ATTEST: LEE rIN, City Clerk