HomeMy WebLinkAboutr 10533 Approve Cooperation Agreement City and County Urban Grant Program 2015-17RESOLUTION NO 10533 (201 1 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A
COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS
OBiSPO TO RECOGNIZE .JOINT PARTICIPATION iN THE URBAN COUNTY
GRANT PROGRAM FOR FISCAL YEARS 2015 -2017
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) 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 finds 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 Urban County 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 2015 -2017
program years
NOW, THEREFORE, BE IT RESOLVED by the City 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
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 and public services
2 Me 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
3 The City and County intend to enter into subrecipient agreements that will establish
administrative policies and procedures performance standards and finding schedules
project descriptions and funding and guidelines for CDBG program implementation
R 10533
Resolution No 10533 (2014 Series)
Page 2
4 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 grant prograin for
fiscal years 2015 -2017 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 Exhibit A with the County to enable continued joint
participation in the Urban County CDBG program administered by HUD
SECTION 3 Citv Manager Authontv The City Manager 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 Council Member Ashbaugh seconded by Council Member Smith and
on the following vote
AYES Council Members Ashbaugh Carpenter and Smith
Vice Mayor Christianson and Mayor Marx
NOES None
ABSENT None
The foregoing resolution was passed and adopted this 17 °i day of June 2014
Ma v r an Marx
L Anl�
A
AS TO FORM
Attorney
Exhibit A
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, THE EMERGENCY
SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2015
THROUGH 2017
THiS AGREEMENT is made and entered into this day of 2014,
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 and Charter City of the State of California, located in the County of San Luis
Obispo hereinafter called `City ,jointly referred to as Parties
W ITNESSETH
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 ommbus 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 (CDBG) Program the
HOME investment Partnerships (HOME) Program the Emergency Solutions Grant
(ESG) Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program are consolidated under Title I of the Act, and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development hereinafter referred to as ` HUD , that
the County be designated 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
Page 1
Exhibit A
WHEREAS if HUD redesignates the County as an urban county, the County
may also be eligible to receive funds from the Home Investment Partnership Program
(hereinafter referred to as HOME ), the Emergency Solutions Program (hereinafter
referred to as ESG'), and the Housing Opportunities for Persons with Aids Program
(hereinafter referred to as HOPWA ), and
WHEREAS the 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
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 ESG and HOPWA
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, ESG and HOPWA
programs and to administer funding and activities under the programs The City
Manager 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 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 —Automatic Reneii al Provision The term of this
Agreement shall be for a period of three (3) years commencing July 1, 2015
through June 30, 2018 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
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Exhibit A
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
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 the Agreement for the relevant qualification period
The Agreement remains in effect until the CDBG, HOME, ESG, and HOPWA
program funds and income received with respect to the three -year qualification
period, and the subsequent three -year renewals 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 the following formula funding
programs administered by HUD where the County is awarded and accepts
funding directly from HUD the CDBG Entitlement Program the HOME
Program the Emergency Solutions Grant (ESG) Program and the Housing
Opportunities for Persons with AiDS ( HOPWA) Program
SECTION 11 Preparation and Submittal of CDBG FundmQ 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 Consolidated Plan. 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 City in the County s consolidated plan
C Application Submittal 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 2015 and to hold public hearings as required to meet HUD requirements
D County Responsibility Parties agree that the County shall as applicant be
responsible for holding public hearings and preparing and submitting the
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Exhibit A
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 2015
E 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 CDBG entitlement program,
and further the City shall not be eligible to participate in the HOME, ESG or
HOPWA programs except through the urban county
SECTION 111 Program Administration
A Program Authorization The County Administrator is hereby authorized to
carry out activities that will be funded from the annual CDBG, HOME ESG
and HOPWA programs from fiscal years 2015 2016, and 2017 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, HOME ESG and HOPWA 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, ESG and HOPWA under County programs County agrees
to administer all CDBG administrative duties associated with the grant
program on behalf of the City once funding allocations have been approved,
including but not limited to National Environmental Policy Act (NEPA)
environmental clearances, subrecipient agreements and contracts, processing
payments monitoring and reporting 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 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
A Allocation of CDBG funds All funds received by 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
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Exhibit A
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 1 of the Housing and Community Development
Act of 1974 as amended
1) Metropolitan Cities' Allocation The Parties agree that County shall
make available to City a total amount of CDBG funds equal to that which
City would have been entitled had it applied separately as a metropolitan
city', using HUD allocation formulas as applied by 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, County agrees to fully cooperate and assist City in expending such
funds
2) Non- Metropolitan Cities' Allocation 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 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 Agreement and /or
HUD requirements for administrative costs
3) City agrees that it shall not recommend an individual CDBG award of less
than $8000 for public service activities due to the staff cost of processing
such awards in compliance with federal requirements County may
question inclusion of such a project Notwithstanding City and County
each may make an award of $8,000 which is aggregated to a greater
amount)
B Availability of Funds 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 that the CDBG funds being used for the
purposes of this Agreement are funds furnished to the Coumv, through HUD
pursuant to the provisions of the Act Notwithstanding any other provision of
this Agreement the liability of the County shall 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
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Exhibit A
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 Administrative and Public Sen ices Costs County hereby acknowledges
that City, as subrecipient incurs certain administrative 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 that
after the availability of CDBG 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
D 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 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 County shall monitor the use of any program
income requinng 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 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 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) calendar days of such change of
use and comply with the provisions of 24 CFR 570 505
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 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
Page 6
Exhibit A
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
SECTION V Amendment or Extension of Agreement
A Subrecipient Agreement For each fiscal year during the term of this
Agreement County and City shall enter into a Subrecipient Agreement,
prepared jointly by County and City which will list the project(s) City will
undertake with its CDBG entitlement funds during that program year Said
Subrecipient Agreement will set forth the project changes, time schedule for
completion of the project(s), 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, the County may
extend the schedule for project completion, as allowed by federal regulations
B Amendments Any amendments to the Agreement shall be in writing
Parties agree that 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
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
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Exhibit A
1) Provide for and encourages citizen participation particularly those of low
or moderate income who reside to 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 beneficianes 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 to 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
i) 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 to 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 federallv 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 Congress or an employee of a Member of
Congress in connection with this federal contract grant, loan, or
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Exhibit A
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 Aireement and Recordkeepmt;
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
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
NOW, THEREFORE the Parties hereto have caused this Cooperation 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
Countv Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws and that the Agreement
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Exhibit A
provides full legal authority for the County to undertake or assist in undertaking essential
community development and housing assistance activities specifically urban renewal and
publicly assisted housing
By
Elizabeth Marlyn Deputy County Counsel
Date
COUNTY OF SAN LUIS OBISPO
I
Chairperson of the Board of Supervisors
Date
ATTEST
Julie Rodewald County Clerk
Date
NOW, THEREFORE the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer therunder duly authorized and their official
seals to be hereunto affixed, all as of the day first above written
CITY OF SAN LUIS OBISPO
Jan Marx Mayor
Date
Page 10
ATTEST
Anthony J Melia. City Clerk
Date
APPROVED AS TO CONTENT
Katie Lichtig City Manager
Date
APPROVED AS TO FORM
Christine Dietnck City Attorney
Date
Exhibit A
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