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HomeMy WebLinkAboutItem 2c - Resolution No. 7016LucacP [ Aupu�� 5, S, 1903 STAFF REPORT Development Services Department DATE: May 6, 2014 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Beatrice Picon, Contract CDBG Manager SUBJECT: RESOLUTION NO. ANGELES URBAN GRANT PROGRAM Recommendation: SUMMARY 7016 APPROVING PARTICIPATION IN THE LOS COUNTY COMMUNITY DEVELOPMENT BLOCK Adopt The Los Angeles County Community Development Commission ( "CDC') requires participating cities to execute a Participating City Cooperation Agreement ( "Agreement ") every three years to continue participation in the Los Angeles Urban County Community Development Block Grant ( "CDBG ") Program. It is recommended that the City Council adopt Resolution No. 7016 approving participation in the Los Angeles Urban County CDBG Program and authorize the City Manager to execute a Participating City Cooperation Agreement. BACKGROUND For nearly 30 years, the City of Arcadia has been a participant in the CDBG Program. CDBG funds are allocated by the U.S. Department of Housing and Urban Development ( "HUD "), with the CDC administering the Urban County CDBG Programs. The primary objective of the CDBG program is to provide assistance to low- and moderate - income families with community development and housing assistance activities; specifically, by improving properties and providing needed social services. DISCUSSION For the last three years, the City has received approximately $300,000 per year in program funding. For Fiscal Year 2014 -15, the City will receive $303,294, and the following projects were approved by the City Council on January 21, 2014: Home Improvement Program, Congregate Meals for Seniors, and Information and Referral Services for Seniors. This year, the CDC requires execution of an Agreement to Resolution regarding CDBG Cooperation Agreement May 6, 2014 Page 2 continue participation in the CDBG program. The Agreement details the legal provisions and federal requirements established by HUD for participating cities under the Urban County CDBG Program. This particular Agreement includes requirements pertaining to new fair housing and civil rights provisions and citations required by HUD. FISCAL IMPACT By participating in the Urban County CDBG Program, the monthly and annual reporting of compliance with HUD regulations is handled by the County, which saves a significant amount of staff time. The City receives approximately $300,000 per year from HUD to cover the program expenditures. For FY 2014 -15, the City will receive $303,294. CDBG project appropriations are included in the operating budget and are subject to City Council approval prior to the expenditures. RECOMMENDED ACTION It is recommended that the City Council adopt Resolution No. 7016 approving participation in the Los Angeles Urban County CDBG Program; and authorize the City Manager to execute a Participating City Cooperation Agreement with the County of Los Angeles. Approved, Dominic Lazzareitd City Manager Participating City Cooperative Agreement RESOLUTION NO. 7016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PARTICIPATION IN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY AUTHORIZING THE CITY MANAGER TO SIGN A COOPERATION AGREEMENT WITH THE COUNTY OF LOS ANGELES WHEREAS, the City of Arcadia desires to continue its participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the qualification period beginning July 1, 2015; and WHEREAS, the City desires and intends to authorize the execution of a Cooperation Agreement with the County of Los Angeles in order to receive said CDBG funds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council approves the County of Los Angeles Participating City Cooperation Agreement between the City of Arcadia and the County of Los Angeles for the time period of July 1, 2015 through June 30, 2018 and self- renewing thereafter (the "Agreement ") SECTION 2. The City Council authorizes and directs the City Manager to execute the Agreement, and any and all other documents necessary for participation in the Los Angeles Urban County CDBG Program on behalf of the City of Arcadia. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] Passed, approved and adopted this day of 2014 ATTEST: City Clerk APPROVED AS TO FORM: 0, Stephen P. Deitsch City Attorney -2- Mayor of the City of Arcadia Sample COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME INVESTMENT PARTNERSHIPS PROGRAMS PARTICIPATING CITY COOPERATION AGREEMENT This Agreement is being entered into on this «Date., day of, «Month », «Year », to be effective on the I" day of July 2015, by and between the City of «City Name >>, hereinafter referred to as "City," and the County of Los Angeles, by and through the Executive Director of the Community Development Commission of the County, hereinafter referred to as "County" and shall remain in effect for the three -year qualification period through the 30`h day of June 2018. After this date, this Agreement provides for automatic renewal of participation in successive three -year qualification periods, unless the County or the City provides written notice it elects not to participate in a new qualification period. WITNESSETH THAT: WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, the Housing and Community Development Act of 1974, as amended, herein called the "Act;" and WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate - incomes, and other community or urban renewal activities authorized by the Act, the Cranston- GonzaIez National Affordable Housing Act (NAHA), and the U.S. Housing Act of 1937, as amended; WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, and the Emergency Solutions Grant (ESG) Program are required to have an approved comprehensive housing strategy as authorized under NAHA; WHEREAS, the County has requested of the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD," that the County be designated as an "Urban County;" WHEREAS, the City desires to participate with the County in said program; WHEREAS, as the Urban County designee, the County will 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; WHEREAS, the terms and provisions of this Agreement are fully authorized under State and local law, and this Agreement provides full legal authority for the County, by and through its agents and instrumentalities including the Housing Authority of the County of Los Angeles and the Community Development Commission of the County of Los Angeles, herein referred as "County," to undertake, or assist in undertaking, essential community development and housing Revised 03/2014 Sample Sample assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, by executing this Agreement, the parties hereby give notice of the intention to participate in the Urban County CDBG Program. NOW, THEREFORE, the parties agree as follows: The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, improvement or development of housing for persons of low- to moderate - income, and other community or urban renewal activities authorized under the Act specified for the City in the County's Consolidated Plan which will be funded from annual CDBG and applicable HOME Programs from Federal annual appropriations and from any program income generated from the expenditure of such funds. County shall have final authority and responsibility for selecting projects and annually filing its Final Housing and Community Development Plan with HUD. In the event this Agreement extends into succeeding fiscal years and funds have not been appropriated, this Agreement- will automatically terminate as of June 30 of the then current fiscal year. The County will endeavor to notify the City in writing within ten (10) days of receipt of non- appropriation notice. 2. 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 and the HOME Program. . 3. In executing this Agreement; the City understands that it shall not be eligible to apply for grants under the Small Cites or State CDBG Programs for appropriations for fiscal years during the period in which the City is participating in the Urban County CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME and ESG programs except through the Urban County. 4. The City may participate in a HOME Program only through the County. Thus, even if the County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments. 5. The term of this Agreement shall commence on July 1, 2015, the beginning date of this new Urban County Qualification Period, which will end on June 30, 2018. After this three (3) year Qualification Period ends, this Agreement will automatically renew for another period of three (3) years, 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. A copy of that notice must be sent to the HUD Field Office. 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. The parties agree to adopt amendments to this Agreement incorporating changes Revised 03/2014 Sample Sample necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice by HUD, 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 subsequent three -year term. 6. This Agreement shall be effective for the period of time required for the expenditure of all CDBG and/or applicable HOME funds allocated to the City under this Agreement and appropriations from any program income therefrom and for the completion of the funded activities. The County and City agree that they cannot terminate or withdraw from this Agreement while it remains in effect. The City and the County agree to cooperate to undertake, or assist in undertaking, community development, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate- incomes, and other community or urban renewal activities authorized by the Act. The City and the County in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the County's certification required by Section 104 (b) of Title I of the Act, as amended, including the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VM'.of the Civil Rights Act of 1968, Section 109 of Title I of the Act, which incorporates Section 504 of the Rehabilitation _Act of 1973, the Age Discrimination Act of 1975, affirmatively furthering fair housing, Section 3 of the Housing and Urban Development Act of 1968, the Fair Housing Act, the Act, and all other applicable laws and regulations. 7. The City and County agree that CDBG and HOME funding is prohibited for any activities in or in support of any cooperating City that do not affirmatively further fair housing within its own jurisdiction or that impede the County's action to comply with its fair housing certification. 8. Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written agreement as set forth in 24 CFR 570.503. 9. The City shall report to the County of any income generated by the use of CDBG or HOME funds received by the City. Any such program income must be remitted to the County within 30 days of receipt if applicable. Such program income may be used for eligible activities in accordance with all CDBG and HOME requirements as may then apply. 10. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate record keeping and reporting for this purpose. In the event of grant close -out or termination of this Agreement, any program Revised 03/2014 Sample Sample income that is on hand or received subsequent to the close -out or change in status shall be paid to the County within 60 days after grant closeout. 12. All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG and/or HOME funds or program income, during the term of this Agreement, shall be subject to all the terms and conditions of this Agreement, particularly Sections 6 through 11. 13. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME funds or program income in excess of $25,004, shall be subject to the following standards: a. The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of the acquisition or improvement. Such notification shall be made prior to the modification, change in use or disposition. b. If such real property is sold within five (5) years or transferred for a use which does not qualify as an eligible activity under CDBG and/or HOME regulations, the City shall reimburse to the County an amount equal to the pro -rata share of the current fair market value of the property or proceeds From the sales. The pro -rata share shall be calculated by multiplying the current market value by the percentage of the purchase price paid with CDBG funds or program income. 14. The City shall make available for inspection and audit to County's and HUD's representatives, upon request, at any time during the duration of this Agreement and for a period of five (5) years, thereafter, all of its books and records relating to CDBG and HOME program activities and income. 15. Following the end of the three -year reimbursable contract period and after resolving any financial or programmatic findings, if a City elects to leave the Los Angeles County Grant Program, and is not eligible to become an entitlement City, the City will be unable to request that its allocation or any remaining balance be transferred to the City. Any remaining balance will be transferred to the funding pool of the Supervisorial District in which the City is Iocated. 16. The City has adopted and is enforcing: a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and b. 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 its jurisdiction. 17. The City shall or shall continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful Revised 03/2014 Sample Sample manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug -free awareness program to inform employees about: The dangers of drug abuse in the workplace; u The City's policy of maintaining a drug -free workplace; iii Any available drug counseling, rehabilitation, and employee assistance programs; and iv The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph "a" of this Section 17.. d. Notifying the employee in the statement required by paragraph "a" of this Section 17 that, as a condition of employment funded by the CDBG and/or HOME grant, the employee will: i Abide by the terms of the statement; and ii Notify the City in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. e. Notifying the County in writing, within ten (10) calendar days after receiving notice under subparagraph d(ii) of this Section 17 from an employee or otherwise receiving actual notice of any such conviction; and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County officer or other designee who processed a CDBG or HOME grant which funded any activity on which the convicted employee was working, unless HUD has designated an identification number(s) of each affected grant. E Taking one (1) of the following actions, within thirty (30) calendar days of receiving notice under subparagraph d(ii) of this Section 17, with respect to any employee who is so convicted: Revised 03/2014 Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, State, local health, law enforcement, or other Sample Sample appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs a, b, c, d, e, and f, of this Section 17. Revised 03/2014 Sample Sample IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Executive Director of the Community Development Commission of the County of Los Angeles, and the City has subscribed the same through its duly authorized officers, on the day, month, and year first above written County 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 provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing. By: Deputy County Counsel COUNTY OF LOS ANGELES By SEAN ROGAN, Executive Director Community Development Commission of the County of Los Angeles ATTEST: City Cleric Lin APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By _ Deputy Revised 03/2014 Date CITY OF City Name» By MAYOR OR DESIGNEE APPROVED AS TO FORM: 10 Sample City Attorney