HomeMy WebLinkAboutItem 07 - Consider Participating in the San Luis Obispo Region Urban County for 2021-2023 CDGB Federal Entitlement Program Cycles Department Name: Community Development
Cost Center: 4007
For Agenda of: May 5, 2020
Placement: Consent
Estimated Time: N/A
FROM: Michael Codron, Community Development Director
Prepared By: Cara Vereschagin, Housing Coordinator
SUBJECT: CONSIDER PARTICIPATING IN THE SAN LUIS OBISPO REGION URBAN
COUNTY, OVERSEEN BY THE COUNTY OF SAN LUIS OBISPO, FOR THE
2021-2023 COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL
ENTITLEMENT PROGRAM CYCLES
RECOMMENDATION
Adopt a Resolution (Attachment A) authorizing (1) the participation of the City in the San Luis
Obispo Region Urban County overseen by the County of San Luis Obispo for the 2021-2023
Community Development Block Grant (CDBG) Federal Entitlement program cycles; and (2) the
execution of a Cooperation Agreement for participating in the San Luis Obispo Region Urban
County.
DISCUSSION
Background
The U.S. Department of Housing and Urban Development (HUD) has notified all eligible
jurisdictions about qualifying or re-qualifying as urban entitlement counties for Community
Development Block Grant (CDBG) funding for fiscal years 2021, 2022, and 2023. The cities of
Arroyo Grande, Atascadero, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo, and the
unincorporated County have been participating in the San Luis Obispo Urban County since 2015.
The County recently informed all cities in the County of their option to join or rejoin the Urban
County for the upcoming program years (Attachment B).
In 1993 the cities of San Luis Obispo, Atascadero and Paso Robles were designated by the
federal government as Metropolitan Statistical Areas and eligible to receive federal grant
funding. Starting in 1994 and under the leadership of City and County staff, several cities joined
the County of San Luis Obispo to form an “Urban County”, thereby maximizing grant funds
available to the County as a whole and allowing the unincorporated County and participating
cities to be designated by HUD as “entitlement” jurisdictions. This action resulted in the Urban
County receiving about $9 million in CDBG funding between 2015 and 2019. Of that, the City
of San Luis Obispo received approximately $2.4 million, or 26 percent of total Urban County
funding. Of that $2.4 million, the City has allocated about $1.4 million or 58 percent to new
deed-restricted affordable housing projects.
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To continue participating in the Urban County, the legislative body of the jurisdiction must adopt
a resolution approving the execution of a “Cooperation Agreement” which sets out the terms and
requirements of participation (Attachment C). The term of the Agreement is for a period of three
CDBG program years commencing July 1, 2021 and ending on June 30, 2024. This Agreement
provides for automatic renewal of participation in successive three -year qualification periods,
unless the City provides written notice at least 60 days prior to the end of the term that it elects
not to participate in a new qualification period.
Historical City Participation in the San Luis Obispo Region Urban County
Under the current Cooperation Agreement. the CDBG program has been well managed and the
Urban County partnership has been mutually beneficial. As long as the City Council’s funding
allocations meet federal grant rules, the Cooperation Agreement requires the County to “pass
through” the funds as directed by Council. In essence, the City has the flexibility of allocating its
CDBG funds independently, with the County assuming the primary responsibility for
administering the overall program and meeting HUD rules.
The County provides administrative support to the City’s program. County staff is the liaison
with HUD and responsible for: (1) Preparing and adopting the five year Consolidated Plan; (2)
Annual Action Plans; (3) Community Participation Plan; (4) Fair Housing Plan; (5)
Administering fund disbursements using HUD’s computer program; (6) Preparing and adopting
National Environmental Policy Act (NEPA) environmental documents; and (7) Reporting,
auditing and monitoring sub-recipients. All of these tasks are required by CDBG regulations and
benefit Urban County participants.
Staff Analysis for Participation in San Luis Obispo Region Urban County for 2021-2023
Participation in the 2021-23 Cooperation Agreement with the County has been mutually
successful for both City and County. The movement of administrative and monitoring duties to
the County has freed up staff time dedicated to CDBG program administration to work on other
high priority City projects, including Housing Major City Goal tasks, Housing Element
implementation, expansion of the Inclusionary Housing Program, and initiatives addressing
homelessness issues.
Administrative Funding Revision Proposed by County in Cooperation Agreement
County of San Luis Obispo housing staff proposed only one minor revision in the Cooperation
Agreement language for these 2021-23 funding years. The substantive revision would require all
the participating jurisdictions to seek reimbursement of administrative costs associated with
CDBG programs by the end of each fiscal year, as required by HUD. The County would then
utilize any unclaimed administrative funds to offset the cost of administering the Urban County.
The City has historically drawn down administrative funds by each fiscal year, thus this
additional requirement is not anticipated to be burdensome. Other than this minor revision and
updated dates, the Cooperation Agreement for this 2021-23 Cycle has no other changes from the
Cooperation Agreement executed for this current 2018-20 Cycle.
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Policy Context and Alignment with COVID-19 Orders and Fiscal Health Contingency Plan
The recommendation to participate in the 2021-23 Urban County for the CDBG program
supports 2019-21 Housing Major City Goal Task 15 that states, “Manage and prioritize grant
funding (i.e. CDBG, GIA, AHF) for housing production available for extremely-low, very-low,
low, and moderate income households.” The recommendation is also consistent with various
themes discussed in the current Housing Element.
This step to consider participation in the Urban County is a key milestone in the Federally
mandated timeline to solidify an urban county, which is presently allowed under the State and
Local emergency orders associated with COVID-19. If the City does not respond to the
County’s Invitation within the allotted time, it would disqualify the City from participating in the
CDBG Entitlement Program; thus potentially negatively impacting future affordable housing
development, which is identified as main priority in the Fiscal Contingency Plan.
Public Engagement
As this a request to participate in a collaboration for a grant program, no public engagement is
required; however, public engagement will take place as part of future CDBG program cycles to
recommend funding awards.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines Sec.
15378.
FISCAL IMPACT
Budgeted: Yes Budget Years: 2021-2023
Funding Identified: No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
Participation in the 2021-23 Urban County will have a positive fiscal impact for the City. Since
costs to administer the CDBG program will continue to be funded through the grant itself,
participation in the Urban County will benefit the City’s fiscal condition. Additionally, CDBG
funds have historically played a critical role to preserve, conserve, rehabilitate, and develop
deed-restricted affordable housing in the community.
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The City has been allocated an average of $456,574 annually through Urban County Entitlement
Program since 2015 and is expected to be allocated $496,355 for this upcoming 2020 Program
year. These grant monies have been utilized by local non-profit organizations to leverage other
funding sources and satisfy financing gaps for projects including Courtyard at the Meadows,
Bishop Street Studios, and Iron Works Apartments. CDBG funds received under the program
provide an outside source of funding for affordable housing and social service programs that
would otherwise not be funded or would draw funding from other priority City programs,
services, and financial sources.
ALTERNATIVES
Elect to not participate in the 2021-2023 Urban County. This alternative is not recommended as
the City would have to compete for CDBG funds directly from HCD. Staff does not recommend
this alternative since the CDBG Entitlement Program has proven effective and opting out of this
cooperation would result in increased program administrative costs without any guarantee that
the City would receive grant funding. Furthermore, the alternative CDBG Non-Entitlement
Program is extremely competitive and it is unlikely that the City would be awarded funding at
the frequency and amounts that participation in the Urban County provides.
Attachments:
a - Draft Resolution
b - Invitation to Participate in 2021-23 Urban County
c - DRAFT City of San Luis Obispo 2021-2023 Cooperation Agreement
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R ______
RESOLUTION NO. _____ (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE PARTICIPATION IN THE
SAN LUIS OBISPO REGION URBAN COUNTY, OVERSEEN BY THE
COUNTY OF SAN LUIS OBISPO, FOR THE 2021-2023 COMMUNITY
DEVELOPMENT BLOCK GRANT FEDERAL ENTITLEMENT
PROGRAM CYCLES; AND APPROVING THE EXECUTION OF A
COOPERATION AGREEMENT FOR PARTICIPATION
WHEREAS, the County of San Luis Obispo (“County”), a political subdivision of the
State of California, and the City of San Luis Obispo (“City”), a municipal corporation, desire to
participate in the Community Development Block Grant (CDBG) Entitlement 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, HUD requires that the parties enter into a cooperation agreement to define
their rights and obligations as a prerequisite of participation in the CDBG Entitlement Program;
and
WHEREAS, the parties have developed such an agreement that automatically renews for
subsequent three-year increments unless the City provides written notice of its intent to not
participate in a new qualification period; and
WHEREAS, the City desires to continue its participation for the upcoming 2021-2023
fiscal years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) 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 and public services.
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Resolution No. _____ (2020 Series) Page 2
R ______
b) The proposed Cooperation Agreement will promote the public health, safety and
welfare by enabling the City and County to participate in HUD’s Urban County
entitlement program, thus making available funds for a variety of housing projects,
economic development, and public services programs not otherwise possible or
available.
c) The City and County intend to enter into subrecipient agreements that will
establish administrative policies and procedures, performance standards and
funding schedules, project descriptions and funding, and guidelines for CDBG
Entitlement Program implementation.
d) The project is exempt from environmental review per CEQA Guidelines under the
General Rule (Section 15061(b)(3)). The project is a Cooperation Agreement
between the City and County for joint participation in administering the CDBG
Entitlement Program for fiscal years 2021-2023. Each grant request approved for
funding will be subject to CEQA at the time the project is filed. It can be seen with
certainty that the proposed Cooperation Agreement will have no significant effect
on the environment.
SECTION 2. Action. The City Council does hereby authorize the Mayor to sign the Urban
County Cooperation Agreement with the County to enable continued joint participation in the
Urban County CDBG program administered by HUD for fiscal years 2021-2023.
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Resolution No. _____ (2020 Series) Page 3
R ______
SECTION 3. Community Development Director Authority. The Community
Development Director is hereby authorized to act on behalf of the City in connection with the
implementation of the agreement, on-going operation of the CDBG program, and all other
activities necessary to carry out the intent of the agreement and amendments thereto.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2020.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on _______________________.
____________________________________
Teresa Purrington
City Clerk
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COUNTY OF SAN LUIS OBISPO
DEPARTMENT OF PLANNING & BUILDING
TREVOR KEITH, DIRECTOR
976 Osos Street, Room 300 | San Luis Obispo, CA 93408 | (P) 805-781-5600 | 7-1-1 TTY/TRS Relay
planning@co.slo.ca.us | www.sloplanning.org
April 3, 2020
Derek Johnson, City Manager
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Subject: Invitation to Participate in the San Luis Obispo Urban County
Dear Mr. Johnson,
We would like to thank the City of San Luis Obispo for participating in the San Luis Obispo
Urban County (“Urban County”) and invite the City to continue participating for the next
Cooperation Agreement term. The City’s current (2018-2020) Cooperation Agreement with
the County will expire on June 30, 2021.
Instructions for Participating in the Urban County for the 2021-2023 Term
To continue receiving U.S. Housing and Urban Development (HUD) entitlement funds for
fiscal years 2021-2022, 2022-2023, and 2023-2024, please reply via email
(mleal@co.slo.ca.us) by May 1, 2020 stating the City would like to participate in the Urban
County for the 2021-2023 Cooperation Agreement term. In your reply, please also indicate
when you anticipate taking the Cooperation Agreement to your Council for approval. The
deadline for submitting a fully executed Cooperation Agreement to the County is June 19,
2020.
If the City declines to participate in the Urban County, the City is required to notify the County
and HUD field office by May 15, 2020. You may contact the State Housing and Community
Development (HCD) Department for any questions regarding the S tate’s non-entitlement
HUD grant program: https://www.hcd.ca.gov/grants-funding/active-funding/index.shtml.
Draft 2021-2023 Cooperation Agreement
A track changes version of the draft 2021-2023 Cooperation Agreement is attached for your
review. The agreement includes one substantive revision that we discussed with you over
the phone on March 4, 2020, and a few minor clean ups.
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Invitation to Participate in the San Luis Obispo Urban County
Page 2 of 2
The substantive revision would require participating jurisdictions to seek reimbursement of
administrative costs by the end of the fiscal year as required by HUD. The County would use
any unclaimed administrative funds to offset the cost of administering the Urban County.
Please reach out to Matt Leal or myself (contact information below) by May 1, 2020 if you
would like to further discuss this revision.
At the February 14, 2020 City Managers meeting, County staff proposed a regional approach
for allocating Community Development Block Grant (CDBG) funds, and the City Managers
emphasized the importance of maintaining local control of CDBG funds to meet their unique
community development needs. Based on this feedback, the draft 2021-2023 Cooperation
Agreement would not change how CDBG funds are allocated to the cities. County staff,
however, would like to remind the cities that all participating jurisdictions of the Urban
County should allocate funds to eligible activities in a manner that is consistent with the
Consolidated Plan. The draft 2020-2024 Consolidated Plan states that the Urban County’s
highest priority is to address affordable housing and homelessness. The 2020-2024
Consolidated Plan is scheduled for Board of Supervisors consideration on May 5, 2020.
Timeline
The key milestones and deadlines for 2021-2023 Cooperation Agreements are as follows:
Milestone Deadline
Response to this invitation May 1, 2020
Submit comments on the Draft 2021-2023 Cooperation Agreements May 1, 2020
Notify County and HUD of decision to not participate in Urban County
(for existing participants declining to participate for the 2021-2023 term)
May 15, 2020
Send fully executed 2021-2023 Cooperation Agreement to the County June 19, 2020
Board of Supervisors approves all 2021-2023 Cooperation Agreements July 7, 2020
County sends approved 2021-2023 Cooperation Agreements to HUD July 14, 2020
If you have any questions or concerns regarding this process or the County’s HUD programs,
please contact me at (805) 781-5198 or asingewald@co.slo.ca.us or Matt Leal at
mleal@co.slo.ca.us or (805) 781-5113.
Sincerely,
Airlin M. Singewald
Airlin M. Singewald
Division Manager
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Page 1
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE
HOME INVESTMENT PARTNERSHIPS PROGRAM, AND THE EMERGENCY
SOLUTIONS GRANT PROGRAM FOR FISCAL YEARS 2021 THROUGH 2023
THIS AGREEMENT is made and entered into this day of ,
2020, by and between the County of San Luis Obispo, a political subdivision of
the State of California, hereinafter called “County ,” and the City of San Luis
Obispo, a municipal corporation of the State of California, located in the County
of San Luis Obispo, hereinafter called “City;” jointly referred to as “Parties.”
WITNESSETH
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.” The Act is omnibus legislation relating to federal involvement in
a wide range of housing and community development activities and contains
eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and
governs programs for housing and community development within 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; and
WHEREAS, the Community Development Block Grant Program
(hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act
Program (hereinafter referred to as “HOME”), and the Emergency Solutions
Grant Program (hereinafter referred to as “ESG”) are consolidated under Tit le I of
the Act; and
WHEREAS, the County has requested of the federal Department of
Housing and Urban Development, hereinafter referred to as “HUD ,” designate
the County as an “urban county;” and
WHEREAS, the County needs to requalify as an urban county and will be
eligible to receive CDBG funds provided that the County’s entitled cities defer
their entitlement to the County to enable both the County and the entitlement
cities to jointly participate in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
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Page 2
WHEREAS, if HUD redesignates the County as an urban county, then the
County may also be eligible to receive funds from the H OME Program and the
ESG Program; and
WHEREAS, the CDBG Regulations issued pursuant to the Act provide
qualified urban counties must submit an application to the HUD for funds, and
cities and smaller 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; and
WHEREAS, as the urban county applicant, the County must take
responsibility and assume all obligations of an applicant under federal statues,
including: the analysis of needs, the setting of objectives, the development of
community development and housing assistance plans, the consolidated plan,
and the assurances of certifications; and
WHEREAS, by executing this Agreement, the Parties hereby give notice
of their intention to participate in the urban county CDBG, HOME, and ESG
Programs.
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 Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as “Director”)
is hereby authorized to act as applicant for the CDBG, HOME, and ESG
Programs and to administer funding and activities under the programs.
The City’s Community Development Director is hereby authorized to act
as the responsible officer of the City under the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each
other in undertaking eligible grant programs or projects, including but no t
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 – Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1,
2021 through June 30, 2024. In addition, this Agreement provides for
automatic renewal for participation in successive three-year qualification
periods, unless the City provides written notice at least 60 days prior to the
end of the term that it elects not to participate in a new qualification period.
Before the end of the first three-year term, the County will notify the City in
writing of its right not to participate in the urban county for a successive
three-year term.
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Page 3
The Parties agree to adopt amendments to this Agreement incorporating
changes necessary to meet the requirements for cooperation agreements
set forth in an Urban County Qualification Notice by HUD for a subsequent
three-year urban County qualification period, prior to the subsequent
three-year extension of the term. Any amendment to this Agreement shall
be submitted to HUD as required by the regulations and any failure to
adopt required amendments will void the automatic renewal of this
Agreement for the relevant qualification period.
This Agreement remains in effect until the CDBG, HOME, and ESG
Program funds and program income received with respect to the three-
year qualification period, and the subsequent thr ee-year renewals are
expended and the funded activities are completed. The Parties may not
terminate or withdraw from this Agreement while this Agreement remains
in effect.
D. Scope of Agreement. This Agreement covers the following formula
funding programs administered by HUD where the County is awarded and
accepts funding directly from HUD: the CDBG Program, the HOME
Program, and the ESG Program.
SECTION II. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. The Parties agree the City shall be
included in the application the County shall submit to HUD for Title I
Housing and Community Development Block funds under the Act.
B. Consolidated Plan. The City shall assist the County by preparing 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 the City in the
County’s consolidated plan.
C. Application Submittal. The County agrees to commit sufficient
resources to completing and submitting the Consolidated Plan and
supporting documents to HUD in time for the Parties to be eligible to
receive funding beginning July 1, 2021, and to hold public hearings as
required to meet HUD requirements.
D. County Responsibility. Parties agree the County shall, as applicant,
be responsible for holding public hearings and preparing and
submitting the CDBG funding application and supporting materials in a
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timely and thorough manner, as required by the Act and the federal
regulations established by HUD to secure entitlement grant funding
beginning July 1, 2021.
E. Grant Eligibility. In executing this Agreement, the Parties understand
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 CDBG
entitlement program; and further, the City shall not be eligible to
participate in the HOME, or ESG Programs except through the urban
county.
SECTION III. Program Administration.
A. Program Authorization. The Director is hereby authorized to carry out
activities that will be funded from the annual CDBG, HOME, and ESG
Programs from fiscal years 2021, 2022, and 2023 appropriations and
from any program income generated from the expenditure of such
funds.
B. Responsibilities of Parties. The Parties agree the County shall be
the governmental entity required to execute any grant agreement
received pursuant to the CDBG, HOME, and ESG applications, and
subject to the limitations set out in this Agreement, the County shall
thereby become liable and responsible thereunder for the proper
performance of the plan and CDBG, HOME, and ESG under County
programs. County agrees to perform program administrative tasks
such as environmental clearance under the National Environmental
Policy Act (NEPA), subrecipient agreements and monitoring of
subrecipients. The City agrees to act in good faith and with due
diligence in performance of the City obligations and responsibilities
under this Agreement and under all subrecipient agreements. The 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. The 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 City is subject to the same requirements applicable to
subrecipients, including the requirement of a written agreement with
the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
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A. Allocation of CDBG funds. All funds received by the County
pursuant 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. The Parties agree the County
shall make available to the City a total amount of CDBG funds
equal to that which the City would have been entitled had it applied
separately as a “metropolitan city,” using HUD allocation formulas
as applied by the County, except that an amount equal to thirteen
(13) percent of the Metropolitan Cities’ allocations of CDBG funds
will be deducted by the County to meet its obligations under the
terms of this Agreement and/or HUD requirements for
administrative costs. Further, with respect to the availability of the
funds, the County agrees to fully cooperate and assist the City in
expending such funds.
2) Non-Metropolitan Cities’ Allocation. The County agrees to
allocate a portion of CDBG program funds to the non -Metropolitan,
incorporated cities participating in the program. The amount of
allocation per city shall be equal to that which the urban county
formula award from HUD increases as a result of the HUD
allocation formulas as applied by the County, except that an
amount equal to thirteen (13) percent of the Non-Metropolitan
Cities’ allocations of CDBG funds will be deducted by the County to
meet its obligations under the terms of this Agreem ent and/or HUD
requirements for administrative costs.
3) Urban County. Parties shall not recommend a CDBG award of
less than $8,000 for any one project or program due to the staff
cost of processing such awards in compliance with federal
requirements. A project or program recommended to receive an
amount less $8,000 can still receive an award if any other Party or
Parties make an award, which is aggregated to be greater than
$8,000.
4) Administrative Costs. The County hereby acknowledges the City,
as a subrecipient defined in 24 CFR 570.500(c) and its eligibility to
incur administrative costs per 24 CFR 570.206, or as otherwise
negotiated and approved in the Action Plan for related Planning
and Capacity Building costs per 24 CFR Part 570.205. The City
shall submit invoices and supporting documentation to the County
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for reimbursement of eligible administrative costs in accordance
with the following schedule:
2021 Program Year: Friday, June 1, 2022
2022 Program Year: Friday, June 7, 2023
2023 Program Year: Friday, June 5, 2024
Administrative funds that are not drawn down following the review
and approval by county staff by the deadlines above will be used to
reimburse the County’s administrative costs.
B. Availability of Funds. The County agrees to make CDBG funds
available to all participating incorporated cities as set out here when
HUD makes the CDBG funds available to it. The County shall
immediately notify the participating incorporated cities of the availability
of the funds.
It is understood by the Parties, hereto, the CDBG funds being used for
the purposes of this Agreement are funds furnished to the County,
through HUD, pursuant to the provisions of the Act. Notwithstanding
any other provision of this Agreement, the liability of the County sh all
be limited to CDBG funds available for the Project. The City
understands that the County must wait for release of CDBG funds from
HUD before CDBG funds may be advanced or reimbursed. The
County shall incur no liability to the City, its officers, agents,
employees, suppliers, or contractors for any delay in making any such
payments.
C. Public Services Costs. The County agrees that after the availability
of CDBG program funds to the City, the County shall not use its
remaining balance of funds in any way that would limit the City’s ability
to use its CDBG funds to the maximum extent allowed by HUD for
public service purposes.
D. Income Generated. The 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 the City subject to the
provisions of this Agreement, the Act and its Regulations. Any
program income retained must only be used for eligible activities in
accordance with all CDBG requirements as they apply.
E. Use of Program Income. The 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
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subsequent to the close-out or change of status shall be paid to the
County. In the event that the City withdraws from the urban county to
become an entitlement grantee, as provided under 24 CFR 570.504,
all program income on hand or received by the City from urban county
activities shall be retained by the City to be used as additional CDBG
funds subject to all applicable requirements governing the use of
CDBG funds.
F. Change in Use of Property. The 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 a cquisition or improvement
including disposition. Such notification shall be made within thirty (30)
calendar days of such change of use and comply with the provisions of
24 CFR 570.505.
G. Fair Housing Implementation. The Parties agree no urban county
funding shall be allocated or expended for activities in or in support of
any cooperating unit of general local government 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 between the
County and the City as to the allocations, disbursement, use, or
reimbursement of CDBG funds, the Parties agree to accept HUD’s
written determination as to the appropriate resolution or disposition of
funds to the extent HUD is willing to resolve such disagreement.
I. Consolidated and Further Continuing Appropriations Act . The City
may not sell, trade, or otherwise transfer all of any portion of CDBG
funds to another metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits or non -
Federal considerations, but must use such funds for ac tivities eligible
under Title I of the Act.
J. Special Provisions for the Urban County.
(1) To affirmatively furthers fair housing and implement the Analysis of
Impediments to Fair Housing Choice or better known as the Fair
Housing Plan, the cities are encouraged to contribute CDBG funds to
affordable housing projects when there is an eligible CDBG component
in the proposal that is located within the city’s jurisdiction.
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(2) The County will enforce remedies for noncompliance pursuant to 2
CFR Part 200.338 and allowed per 2 CFR Part 200.207 by pulling
CDBG funds for under preforming projects or programs not
implemented during agreed timeframe identified in the subrecipient
agreement.
SECTION V. Amendment or Extension of Agreement .
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, the County and the City shall enter into a Subrecipient
Agreement, prepared jointly by the County and the City, which
identifies a project or program that the County will administer with the
City’s CDBG entitlement funds during that program year. The
Subrecipient Agreement will set forth the minimum requirements found
at 24 CFR 570 and as otherwise required by applicable federal laws. In
addition, the agreements will provide project changes, time schedule
for completion of the project(s), deliverable checklist, and additional
funding sources, if any. If substantial compliance with the completion
schedule cannot be met by the City due to unforeseen or
uncontrollable circumstances, then the County may extend the
schedule for project completion, as allowed by federal regulations.
B. Amendments. Any amendments to this Agreement shall be in writing.
Parties agree any such 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. Compliance with Federal Regulations.
A. General. The Parties agree to take all actions necessary to assure
compliance with the urban county’s certifications required by section
104(b) of Title I of the Housing and Community Development Act of
1974, as amended, regarding Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, affirmatively furthering fair housing, Section 109
of Title I of the Housing and Community Development Act of 1974; the
National Environmental Policy Act of 1969; the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970; and other
applicable laws.
B. Citizen Participation. The Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91, 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
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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. The Parties agree to follow a citizen
participation plan which:
1) Provide 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) Provide 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;
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 of handicapped persons;
4) Provides for a timely written answer to written complaints and
grievances, within 15 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.
6) Identifies the use of non-traditional methods of community
outreach, including the provision of CDBG documents in a user-
friendly format, including but not limited to Braille, large print, oral
format, and delivering copies to homebound individuals.
D. The 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 or 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
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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 appropriated 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 Cong ress, 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) Certifications Disclosure. Parties agree to include this
certification in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements), and that all grant
subrecipients shall certify and disclose accordingly. This
certification is a material representation 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 City certifies that it has adopted and is
enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non-violent civil rights demonstrations; and
2) A policy of enforcing applicable State and local 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
their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and
submit to the County the HUD Certification 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
certification executed by the Director for purposes of executing a
certification form for submission to HUD.
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B. Maintenance of Records. The 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 the County on reasonable notice during the normal
business hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Agreement to be
executed and attested by their proper officer thereunder duly authorized, and
their official seals to be hereunto affixed, all as of the day first above written.
________________________________
Chairperson of the Board of Supervisors
ATTEST:
WADE HORTON
Ex-Officio Clerk of the Board of Supervisors
By:
Deputy Clerk
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
By: _____________________________
Deputy County Counsel
Dated:___________________________
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NOW, THEREFORE, the Parties hereto have caused this Agreement to be
executed and attested by their proper officer thereunder duly authorized, and
their official seals to be hereunto affixed, all as of the day first above written.
CITY OF SAN LUIS OBISPO
Heidi Harmon, MAYOR
Date:
ATTEST:
Teresa Purrington, CITY CLERK
Date:
APPROVED AS TO CONTENT:
Michael Codron, COMMUNITY DEVELOPMENT DIRECTOR
Date:
APPROVED AS TO FORM AND EFFECT:
J. Christine Dietrick, CITY ATTORNEY
Date:
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