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HomeMy WebLinkAbout1995-06-20; City Council; 13205; COOPERATIVE AGREEMENT TO JOIN CONSORTIUM FOR THE HOME INVESTMENT PARTNERSHIP FUNDING PROGRAMhd MTG. CS -2c I’ ‘; 5 FUNDING PROGRAM Adopt Resolution No. ‘/ 5 - I ? ‘r Vista, and the County of San Diego to form a consortium for the purpose of increasing the of decent affordable housing to low and very low income persons and amending the ( Agreement to Form a Consortium to include the City of Carlsbad. ITEM EXPLANATION: In 1990, the National Affordable Housing Act (NAHA) was enacted into Public Law I( primary objective of which is to continue and expand the federal commitment to afforda for low and very low income Americans. One of the new programs created under the NA HOME Investment Partnership Act (HOME). approving participation with the cities of Encinitas, The HOME Program allocates funds by formula to states and local governments to I affordable housing within the jurisdiction‘s boundaries. Participating jurisdictions may use t to provide affordable rental and homeownership housing through acquisition, rehabili construction of housing and tenant-based rental assistance. The City of Carlsbad has not been designated by the U.S. Department of Housing Development as a participating jurisdiction eligible to receive an allocation of HOME fund: Carlsbad must compete with other jurisdictions for a portion of the State’s allocation of H However, regulations for the HOME Program do allow for geographically contiguous unit local government to form a HOME consortia. The County of San Diego formed a consortiu HOME entitlement cities of Encinitas, Santee and Vista in June 1993 for the FFY I entitlement funds. The City of Carlsbad remains one of two cities in San Diego County n HOME entitlement funds, either as a participating jurisdiction or through the Coun Upon electing to participate in the County’s HOME Consortium, the Cooperative Agreeme the County of San Diego, the cities of Encinitas, Santee, and Vista will be amendec participation by the City of Carlsbad. The City would then be eligible to receive an estimati HOME allocation of $179,000 with a local matching funds requirement of $45,000. Participation in the San Diego County HOME Consortium is consistent with the policies of Element of the General Plan and the Consolidated Plan to pursue other funding resources affordable housing opportunities for low and very low income persons. FISCAL IMPACT: There is no fiscal impact to the General Fund. Costs associated with the mana! administration of the HOME Program will be charged against the HOME administrative fc Page 2 I) 0 AB# :'rj LC5 I The City will receive an estimated HOME allocation of $1 79,000to provide low income hous affordable rental or homeownership opportunities through acquisition, development, new c( rehabilitation, or tenant based rental assistance. The City shall be responsible for contributir funds of not less than 25 percent ($45,000) of those HOME funds received. At this time, it that the matching funds requirement will be met through use of Redevelopment Housin funds. Another source for contributing matching funds may be determined upon identific specific projectlprogram to be awarded these HOME funds. EXHIBITS: 1. Resolution No. 95.- !y( approving participation with the cities 0' Santee, and Vista, and the County of San Diego to form a consortium for the increasing the local supply of decent affordable housing to low and very low inco and amending the Cooperative Agreement to Form a Consortium to include the City I First Amendment to Cooperative Agreement to Form a Consortium. Cooperative Agreement to Form a Consortium. 2. 3. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W e RESOLUTION NO. 95-174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN AND THE CITY OF VISTA, TO FORM A CONSORTIUM TO APPLY FOR FEDERAL HOME MONIES TO FUND AFFORDABLE HOUSING PROGRAMS. WHEREAS, there has been enacted into law Public Law 625, the National Affordable Housing Act of 1990 (NAHA), primary objective of which is to increase the supply of de affordable housing to low and very low-income Americans; and WHEREAS, NAHA authorizes contiguous units of gen " DIEGO, THE CITY OF ENCINITAS, THE CITY OF SANTEE, local government to join together in a cons-ortium; and WHEREAS, the City of Carlsbad desires to meet the hou needs of low and moderate income residents; and WHEREAS, it is the desire of the Cities and Count form a consortium to implement the objective of increasing local supply of decent affordable housing to low and very income Americans; and NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The City Council hereby approves participation the County of San Diego, City of Encinitas, the City of Santee, the City of Vista, to form a consortium for the HOME Invest Program by amending the Cooperative Agreement to form a Consor to include the City of Carlsbad. 3. The Housing and Redevelopment Director is he authorized and instructed to execute for and on behalf of the of Carlsbad that certain amendment to the Cooperative Agreemf t 1 2 3 I W W PASSED, APPROVED AND ADOPTED at a regular meeting of Carlsbad City Council held on the 20th day of JUNE 41 I 5l 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1995, by the followiny vote, to wit: AYES: NOES: None Council Members Lewis, Nygaard, Kulchin, Finnila, Hal ABSENT: None ATTEST : &&36?& ALETHA L. RAUTENKRANZ, Citydclerk (SEm) -2- 0 AMENDMENT TO COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM Tliis atnendtnent to the original Agreement entered into by and between the County of San D mtl the cities of Encinitas, Santee, and Vista is made and entered into this da Jme, 1995, by and between the CITY OF CARLSBAD, a political subdivision of the Stat California, hereinafter referred to as "City" and the COUNTY OF SAN DIEGO, a 1 subdivision aid body corporate and politic of the State of California, hereinafter referred t "CO~lllt y"; WIIEREAS, there has been enacted into law Public Law 101-625, the Natit AI'lortla1)lc: Housing Act of 1990 (NAHA), the primary objective of which is to increase siipply of decent affordable housing to low- and very low-income Americans; and WHEREAS, NAHA authorizes contiguous units of general local government to . together in a consortium; and WHEREAS, the City of Carlsbad desires to meet the housing needs of low- 11 1 orlera t e-i ncome residents; and WHEREAS, it is the desire of the Cities and County to form a consortium to implen the objectives of increasing the local supply of decent affordable housing to low- and very 11 iricome Americans; and NOW, TIlEREFORE, the City and the County hereby agree to amend the Cooperat Agreement to Form a HOME Consortium as follows: I. All references to the Comprehensive Housing Affordability Strategy (CHAS replaced with Consolidated Plan in accordance to Title 24 of the Code of Fedt Regulations Part 92. Tlie City of Carlsbad is hereby included as a new member to the San Dil County HOME Consortium in accordance with the following sections of Cooperative Agreement: Section 3: Program Administration: The Program Administrator for I Consortium shall be the County of San Diego. Section 10.4: Authority to Amend Agreement to Add New Members: 7 Program Administrator is authorized to amend the consortium agreement on beh of the entire consortium to add new members to the consortium. 2. 'Ilis airieiitirneiit to the Cooperative Agreement to Form a HOME Consortiiirn sliell iiicoi poIarcd iiito and be niade part of the Cooperative Agreement. W e IN WITNESS WHEREOF the parties hereto have caused this amendment to be execii ;IS of [lie day and year first written above. COUNTY OF SAN DIEGO EDWARD A. BAKER, JR., Program Administrator ATI‘EST: &-% AIXTHA IJ. RAUTENKRANZ, City Cler AI’I)I\OVED AS TO FORM: RONALD R. BALL, City Attorney riL.4 d/,/7 75 e COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM This Agreement entered into by and between the CITIES OF Encinitas, Santee, and Vista (hereinafter referred to as "CITIES'), and the COUNTY OF SAN DIEGO (hereinafter referred to as "COUNTY"), on June 3, 1993 WIT NES S ET H: WHEREAS, there has been enacted into law Public Law 101-625, the National Affordable Housing Act of 1990 (NAHA), the primary objective of which is to increase the supply of decent affordable housing to low- and very low-income Americans ; and WHEREAS, NAHA authorizes contiguous units of general local government to join together in a consortium; and WHEREAS, The County and the Cities have jointly prepared a Consolidated Comprehensive Housing Affordable Housing Strategy (CHAS) which will be submitted to the U.S Department of Housing and Urban Development (HUD); and WHEREAS, it is the desire of the Cities and the County to form a consortium to implement income Americans; NOW THEWEFORE the objective of increasing the local supply of decent affordable housing to low- and very low- IT IS AGREED AS FOLLOWS: 1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply with the applicable portions of: Title 24, Subtitle A, Part 92 of the Code of Federal Regulations; the Housing and Community Development Act of 1974 as amended; Title 24, Chapter V, Part 570 of the code of Federal Regulations; Title 24, Subtitle A, Part 58 of the code of Federal Regulations; Title VI of the Civil Rights Act of 1964; Title VI11 of the Civil Rights Act of 1968; Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11063 and 11593; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; Title 24, Part 42 of the code of Federal Regulations; OMB Circular A-122 and Attachments A, B, C, F, H, N and 0; the Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of 1968; the Hatch Act (Chapter 15 of Title 5, U.S.C.): the Flood Disaster Protection Act of 1974: the Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.); the Drug-Free Workplace Act of 1988. 1 e e 2. TERMINATION OF ACmW: In accordance with @!l.idi(c> of the Code ( Federal Regulations, this Agreement cannot be terminated for a period of three federal fisc; years beginning with federal fiscal year 1994. At the conclusion of this term, any member ma withdraw from the Consortium. 3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium sha be the County of San Diego. 3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Prograr Administrator shall assume overall responsibility for ensuring that the Consortium’ HOME Program is carried out in compliance With Title 24, Part 92 of the Code c Federal Regulations. The Program Administrator shall be specifically responsible for th following : (a) @) (c) (d) (e) Issuance of all Notice of Fund Availability (NOFAs); Contract preparation and management for all HOME proposals and activities; Receipt, disbursement and accounting of all HOME Program and matchiq fund: Submission of a consolidated Comprehensive Housing Affordability Strategy; Submission of all reports and data as may be required by U.S. Depanment o Housing and Urban Development; 4. CONTRACT ADMINISTRATION: The Director, San Diego County Depamnent o Housing and Community Development shall administer this agreement on behalf of the CounQ The City Manager shall administer this agreement on behalf of each City. The Cities agree tc supply to County within a reasonable period of time after request, progress reports or othe documentation as shall be required by the County’s contract administrator to audit perfmanc of this agreement. The Program Administrator shall provide each member of the Con-mtium , copy of the Annual Performance Report (HUD Form #401107 and all of its attachments). 5. RECORDS AND REPORTS: The Program Administrator shall maintain records as quira by U.S. Department of Housing and Urban Development, All records of the County respectinj individual Projects and programs shall be open and available for inspection by auditors assignec by U.S. Department of Housing and Urban Development and/or the Cities during the norma business hours of the County. The Cities shall maintain records and submit such repm anc information as may be necessary for the County to fulfdl its obligations as adminisrrator of thc Consortium. 6. LIABILITY AND INDEMhmCATION: Pursuant to Section 895.4 of the Gownmen Code, County and City agree that each will assume the full liability imposed upon it oc any o its officers, agents, or employees for injury caused by a negligent or wrongful act or omissioi occurring in the performance of this agreement, and each party agrees to indemnify md holc harmless the other party for any loss, cost or expense that may be imposed upon such otha party by virtue of sections 895.2 and 895.6 of the Government Code. 2 a 0 7. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreemeni may be personally served on the other party by the party giving such notice or may be served by Certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid to: 8. DISTRIBUTION OF FUNDS: Funds initially awarded to the consortium shall be distributecl to consortium members by the following formula: A+B+ (C*2) =Distribution Where A equals the City's population, B equals the number of overcrowded households, C equals the number of households at or below the poverty rate. All figures shall be based upon the most current census data as provided by San Diego Association of Governments. 8.1 METHOD OF DISTRIBUTION: No later than 30 calendar days from notification by U.S. Department of Housing and Urban Development that HOME Investment Partnership funds have been awarded to the Consortium, the Program Notice of Fund Availability shall indicate the amount of funds available to each City and the Urban County and shall grant each jurisdiction 70 calendar days to sponsor or submit a proposal for an eligible activity. If a proposal is not sponsored by or received from a City, that City's share of HOME funds shall be distributed according to paragraph 8.2 below. An activity shall be considered eligible if it conforms to the requirements of Title 24, Part 92, Subpart E of the Code of Federal Regulations. 8.2 METHOD OF REDISTRIBUTION All funds recaptured or unused by any member of the Consortium shall be pled and made available to the remaining members of the consortium or any other eligible applicant through the issuance of a second Notice of Fund Availability. The Program Administrator may include unused or recaptured funds from a previous fiscal year in a Notice of Fund Availability for the forthcoming fiscal year if there is at least 12 months remaining before the U.S. Department of Housing and Urban Development recapture date. 8.3 ADMINISTRATIVE FEES: Administrative fees, if any, shall be retained by the Program Administrator for the management of the HOME Program. Only costs associated with the management and administration of the HOME Investment Program may be charged against HOME administrative allocations. 8.4 MATCHING CONTRIBUTIONS: Each member of the consortium shall be responsible for meeting the federal matching requirements of 592.218 and 892.220 of the Code of Federal Regulations for each activity it sponsors or proposes. All matching funds shall be deposited in the Local HOME Account and shall be credited to the specific activity for which the funds were intended. Credit for excess matching funds shall be applied to the overall match requirements of the Consortium. Administrator shall cause to be issued a Notification of Funds Availability (NOFA). The 3 a a 8.5 RECAPTURE OF FUNDS: If member of the Consortium does not sponsor 01 submit a proposal for an eligible activity in accordance with Paragraph 8.1, the fund! available to the Cities shall become available to all members of the consortium or any other eligible applicant in accordance with Paragraph 8.2. Funds not used, including positive balances remaining after an activity is completed, by a jurisdiction shall become available to all members of the consortium or any other eligible applicant in accordanct with Paragraph 8.2. 8.6 EXCLUSION OF F"DS: This Agreement applies only to those funds received under the HOME Investment Partnership Program and funds received as matching contributions. This Agreement does not apply to or control funds other than those described in this paragraph. 8,7 CONTORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds axe not awarded to the Consortium by the U.S. Department of Housing and Urban Development, the Consortium's obligation to distribute those funds to Consortium members will be terminated. 9. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS): The Program Administrator shall be responsible for the preparation and submission of consolidated Comprehensive Housing Affordability Strategy as required under 591.23 and $91.2l(a)(l)(i),(ii) and (iv) of the Code of Federal Regulations. 9.1 APPROVAL OF CONSOLIDATED COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY: The consolidated Comprehensive Housing Affordability Strategy shall not be submitted to US. Department of Housing and Urban Development until it has been approved by the elected representatives of each member of the Consortium. 9.2 AMENDMENTS TO THE CONSOLIDATED COMPREIHENSM? HOUSING AFFORDABILITY STRATEGY: Any required amendments to the consolidated Comprehensive Housing Affordability Strategy shall be made in accordance with Title 24 of the Code of Federal Regulations, Parts 91 and 570. 10. NEW MEMBERS: New members to the Consortium shall be allowed upon receipt of a request to join the Consortium. 10.1 AUTHORIZING RESOLUTIONS: Each request to join the Consortium must be accompanied by certified copies of authorizing resolutions by the governing body of the local government. FULL COST RECOVERY: Any and all costs associated with a new member joining the Consortium, including and required amendments to the Comprehensive Housing Affordability Strategy and the Program Description, shall be paid by the 10.2 local government wishing to join the Consortium prior to becoming a member. 4 0 e 10.3 AVAILABILITY OF HOME FUNDS: HOME funds shall not be available ta a new member of the Consortium until the fiscal year in which the federal Department of Housing and Urban Development includes that locality in its calculations for distribution of HOME funds. 11. AUTHORITY TO JOIN CONSORTIUM: Each member of the Consortium hereby governing body of each unit of local government joining the Consortium are incorporated intc this Agreement under Attachment A and made part of this Agreement. certifies that it is authorized to enter into this Agreement, Authorizing Resolutions from the IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first above written. GsLALQ4- BY 6-2-73 BY \3%4. Dated- 3/-p'3 County if San Diego City of Encinitas Date G,/!?/o BJ&J u./;i$@?p Date +/a s( ./ 4Jx,0vista COUNTY COUNSEL STATEMENT: The terms and provisions of this Agreement are fully authorized under State and Local law. This Agreement provides full legal authority for the Consortium to undertake or assist in undertaking housing assistance activities for the HOME Investment Partnership Program. $%e ZP{ (77-3 (&bL4LJ L22) illiam D. AL4uLq&d Smith ounty Counsel 5 DEPARTMENT OF HUC LAO CPD QfPdrSION SEP I7 1993 9.4CMC '" .o \e 1 AMENDMENT TO COOPERAIIVE AGREEMENT TO FORM A HOME CONSORTIUM AFFORDABLE HOUSli% PROGRA The Cooperative Agreement enteted hfo by and between the County of San Diego l the Cities of Enchitas, Santee and Vista on June 3, 1993 is heteby amended as foIto1 Section 1 is amended by adding a the following new paragraph: "1.1 FAIR HOUSING: Each member of the consortium shall affirmatively fun aramaP-i :- - - ~ __ ___ __ - -- -10.4 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS: 7 fair housing." - - Sectio~-lQ is amerrdeddy adding thefollow- . e#p ,. I .. ~ L ->. Program Administrator is aurhorized to amend the consontiurn agreement on bet of the entire consortium to add new members to the consortium." The following new secrion is added: "1 2. COOPERATION IN ONOERTAKING HOUSING ASSISTANCE UNDER HOh Each member of The consortium agrees to cooperate to undertake or to assist The underraking of housing asslstance acrlvities for the HOME Program.' Paragraph 8.7 Is amended by replaclng rhe word "CONSORTIUM'S' with the w( " CONS 0 RTI U M ' S " . This agreement IO amend rhe Cooperative Agreement shall be incorporated into and made pan of the Cooperarive Agreement. 'LL-73 LQ %$J--- 7-&+3 City of Enciriitas Date 9/i I93 Date Th./& /@LA Date City of Vista