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HomeMy WebLinkAbout1999-06-01; City Council; 15235; Home Investment Partnership Funding Program. -. CITY OF CARLSBAD -AGENDA BILL AB# d&$&m TITLE: COOPERATIVE AGREEMENT TO JOIN CONSORTIUM MTG. 6/l/99 FOR THE HOME INVESTMENT PARTNERSHIP IPT. H/RED FUNDING PROGRAM RECOMMENDED ACTION: CiB CITYATTY. ’ CITY MGR.-& Adopt Resolution No. w 195 approving a Cooperative Agreement between the cities of Carlsbad, Encinitas, Vista, Santee, and La Mesa and the County of San Diego to form a consortium for the federal HOME Investment Partnership Program. ITEM EXPLANATION: In 1990, the National Affordable Housing Act (NAHA) was enacted into Public Law 101-625, the primary objective of which is to continue and expand the federal commitment to affordable housing for low and very low income Americans. One of the programs created under the NAHA was the HOME Investment Partnership Act (HOME Program). On June 20, 1995, the City Council approved an amendment to a Cooperative Agreement with the County of San Diego to include Carlsbad as a member of the County’s consortium for the HOME Program. As a member of this consortium, the non-HOME entitlement cities of Carlsbad, Encinitas, Vista, and Santee were eligible to receive HOME entitlement funds annually for the duration of the Cooperative Agreement. The Cooperative Agreement to form this HOME Consortium will expire on September 30, 1999. The City of Carlsbad has not been designated by the U.S. Department of Housing and Urban Development as a participating jurisdiction eligible to receive an allocation of HOME funds. Currently, Carlsbad must compete with other jurisdictions for a portion of the State’s allocation of HOME funds. However, regulations for the HOME Program do allow for geographically contiguous units of general local government to form a HOME consortia eligible to receive entitlement funds. In order for the City to continue to participate in a HOME Consortium, a new Cooperative Agreement between the County of San Diego, the cities of Carlsbad, Encinitas, Vista, Santee, and La Mesa must be executed and submitted to the U.S. Department of Housing and Urban Development by August I, 1999. This agreement will be for three federal fiscal years beginning with FFY 2000 and therefore, will expire on September 30, 2002. As a participant in the HOME Consortium, the City of Carlsbad will be eligible to receive an estimated 1999-2000 HOME allocation of $225,800. HOME funds may be used to provide affordable rental and homeownership housing through acquisition, rehabilitation, new construction of housing and tenant-based rental assistance. Participation in the San Diego County HOME Consortium is consistent with the policies of the Housing Element of the General Plan and the Consolidated Plan to pursue other funding resources to increase affordable housing opportunities for low and very low income persons. - Page 2 of Agenda Bill 140. /$, c235’ FISCAL IMPACT: There is no fiscal impact to the General Fund from participating in the San Diego County HOME Consortium. Administration of the HOME Consortium shall be the responsibility of the County of San Diego and will include such activities as contract preparation and management, receipt, disbursement and accounting of HOME program funds, and the submission of all reports and data as required by the U.S. Department of Housing and Urban Development. Costs associated with the management and administration of the HOME program will be charged against the HOME administrative fee. HOME funds shall also be used to pay for those costs associated with the direct management and implementation of HOME funded projects/programs. The City will receive an estimated HOME allocation of $225,800 to provide low income households with affordable rental or homeownership opportunities through acquisition, development, new construction, rehabilitation, or tenant based rental assistance. EXHIBITS: 1. Resolution No. 99-/4iy approving the Cooperative Agreement between the cities of Carlsbad, Encinitas, Vista, Santee, and La Mesa and the County of San Diego to form a consortium for the federal HOME Investment Partnership Program. 2. Letter to Mayor Lewis from San Diego County Housing and Community Development Director requesting execution of Cooperative Agreement to Form a HOME Consortium. 3. Cooperative Agreement to Form a HOME Consortium. 7 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 CITY COUNCIL RESOLUTION NO. w-199 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF CARLSBAD, OTHER MEMBER CITIES, AND THE COUNTY OF SAN DIEGO TO FORM CONSORTIUM FOR THE FEDERAL HOME INVESTMENT PARTNERSHIP PROGRAM. 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; WHEREAS, NAHA authorizes contiguous units of general local government to join together in a consortium; WHEREAS, it is the desire of the Cities and the County to form a Consortium to implement the objective of increasing the local supply of decent affordable housing to low and very low income Americans; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The City Council hereby approves the Cooperative Agreement between the City of Carlsbad, other member cities, and the County of San Diego to form a consortium for the federal HOME Investment Partnership Program for the purpose of increasing the local supply of decent affordable housing to low and very low income persons. Ill Ill Ill ill Ill Ill 1 9 10 11 12 13 14 ATTEST: 15 16 17 ALETHA L. RAUTENKRANZ, City Clerk 18 19 20 21 22 23 24 25 26 27 28 2 3. The City Manager, or his designee, is hereby authorized and instructed to enter into a Cooperative Agreement with the County of San Diego and other members of the Consortium for and on behalf of the City of Carlsbad and to act on behalf of the City in all other manner of business related to the function of the Consortium. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, on the 1st day of June , 1999, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None. ABSTAIN: None. ABSENT: None. 4 aamti-g nf $&nt piqp TEL:(619)694-4601 FAX.(619)694-4671 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TDD:(619)694-4884 3989 RUFFIN ROAD, SAN DIEGO, CALIFORNIA 92123-1890 May 11,1999 Claude Lewis Mayor City of Carlsbad 1200 Carlsbad Village Dr. Car&bad, CA 920081989 EXTENSION OF HOME CONSORTIUM COOPERATIVE AGREEMENT I have been notified by the U.S. Department of Housing and Urban Development (HUD) that the current Cooperative Agreement to form a HOME Consortium expires on September 30, 1999. Further, a new Cooperative Agreement must be executed by all Consortium members and submitted to HUD before June 30, 1999. That agreement will be for three federal fiscal years beginning with FY 2000 and thus will expire on September 30,2002. Please find enclosed a draft 2000-2002 San Diego County HOME Consortium Agreement for your review. Each city wishing to participate must execute the agreement and provide an authorizing resolution from its City council. In order to provide time for approval by the Board of Supervisors and submittal to HUD by the deadline, we will need these documents by June 14, 1999. You will find that the draft includes substantially the same provisions that are included in the current (1997-1999) HOME Cooperative Agreement. However, we have added a provision for the Cities of Poway and San Marcos to join the HOME Consortium should they receive notification from HUD in June that they have met the requirements to become a CDBG entitlement city. Please contact me at (619) 694-4885 or Frank Landerville at (619) 694-4818 if you have any questions or need any additional information. EDWARD A. BARER Raymond Patchett, City Manager Frank Boench, Management Analyst 5 -i-. (2” ) - .’ COOPERATIVE AGREEMENT TO FORM A HOME CONSORTIUM This Agreement entered into by and between the CITIES OF Carlsbad, Encinitas, La Mesa, Poway, Santee, San Marcos and Vista (hereinafter referred to as “CITIES” and the COUNTY OF SAN DIEGO (hereinafter referred to as “COUNTY”), on June 1 1999. WITNESETH: 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, Title II of NAHA authorizes the HOME Investment Partnerships Act known as the HOME Program to provide housing opportunities: and WHEREAS, the HOME Program authorizes contiguous units of general local government to join together in a consortium; and WHEREAS, the County and the Cities have each’prepared Consolidated Plans which .were submitted to the U.S. Department of Housing and Urban Development (HUD) in accordance with Titie 24 of the Code of Federal Regulations, Part 92; and . WHEREAS, it is the desire of the Cities and the County to form a consortium’ to implement the objective of increasing the local supply of decent affordable housing to low- and very low-income Americans; NOW THEREFORE 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 VIII 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 .l FAIR HOUSING: Each member of the consortium shall affirmatively further fair housing. 2. TERMINATION OF AGREEMENT: In accordance with $92.101(c) of the Code of Federal Regulations, this Agreement cannot be terminated for a period of three federal fiscal years beginning with federal fiscal year 2000 (2000-2001; 200 l-2002; 2002-2003). Program year for the COOPERATIVE AGREEAdNT TO FORMA HOME CONSORTIUM Paae 2 of 6 Consortium, its members, and the CDBG, HOME, ESG and HOPWA programs is, however, July I through June 30. 3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium shall be the County of San Diego. 3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Program Administrator shall assume overall responsibility for ensuring that the Consortium’s HOME Program is carried out in compliance with the requirements of the HOME Program, including requirements concerning a Consolidated Plan in accordance with HUD regulations in 24 CFR Parts 92 and 91 respectively, and the requirements of 24 CFR 92.350. The Program Administrator shall be specifically responsible for the following: 00 @) Receipt, disbursement and accounting of all HOME Program and matching funds; Submission of all reports and data as may be required by HUD; 4. CONTRACT ADMINISTRATION: The Director, San Diego County Department of Housing and Community Development shall administer this agreement on behalf of the County. The City Manager shall administer this agreement on behalf, of each, City. The Cities agree to supply to County ‘within a reasonable period of time after request, progress reports or other documentation as shall be required by the County’s contract administrator to audit performance of this agreement. The Program Administrator shall provide each member of the Consortium a copy of the Annual Performance Report (HUD Form #401107 and all its attachments). I ’ 1’ : ;. L 5. RECORDS AND REPORTS: The Program Administrator shall maintain records as required by HUD. All records of the County respecting individual Projects and programs shall be open and available for inspection by auditors assigned by HUD and/or the Cities during the normal business hours of the County. The Cities shall maintain records and submit such reports and information as may be necessary for the County to fulfil1 its obligations as administrator ,of the Consortium. 6. LIABILITY AND INDEMNIFICATION: Pursuant to Section 895.4 of the Government Code, County and Cities agree that each will assume the full liability imposed upon it or any of its offkers, agents, or employees for injury caused by a negligent or wrongful act or omission occurring in the performance of this agreement, and each party agrees to indemnify and hold harmless the other party for any loss, cost or expense that may be imposed upon such other parity by virtue of sections 895.2 and 895.6 of the Government Code. 7. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreement may be personally served on the other party by the party giving such notice or may be served by certified mail. 8. DISTRIBUTION OF FUNDS: Funds awarded to the consortium shall be distributed to consortium members by the following formula: A + B (C*2) DISTRIBUTION 7 COOPERATIVE AGREEhdT TO FORMA HOME CONSORTIUM Paae 3 of 6 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 the San Diego Association of Governments (SANDAG). 8.1 METHOD OF DISTRIBUTION: No later than 30 calendar days from notification by HUD that HOME Investment Partnership funds have been awarded to the Consortium, the Program Administrator shall cause to be issued a Notification of Funds. That notification shall indicate the amount of funds available to each City and the 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 pooled and made available to the remaining members of the consortium through the issuance of a second Notification. The Program Administrator may include unused, or recaptured funds from a previous fiscal year in a such notiftcation 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 costsassociated I 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 92.218 and 92.220 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. 8.5 RECAPTURE OF FUNDS: If member of the Consortium does not sponsor or submit a proposal for an eligible activity in accordance with Paragraph 8. 1, the funds 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 accordance with Paragraph 8.2. 8.6 EXCLUSION OF FUNDS: 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 CONSORTIUM’S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds are not awarded to the Consortium by the U.S. Department of Housing and Urban Development, the Consortium’s and/or the County’s obligation to distribute those funds to Consortium members will be terminated. 9. CONSOLIDATED PLAN STRATEGY : The Program Administrator shall be responsible for the preparation and submission of Consolidated Plan (s) as required under $91.23 and $9 1.2 1 (a)( l)(i),(ii) and (iv) of the Code of Federal Regulations. 9.1 APPROVAL OF CONSOLIDATED PLAN (S): The Consolidated Plan (s) shall not be submitted to HUD until it (they) has (have) been approved by the elected representatives of each member of the Consortium. 9.2 AMENDMENTS TO THE CONSOLIDATED PLAN (S): Any required amendments to the Consolidated Plan (s) shall be made in accordance with Title 24 of the Code of Federal Regulations, Parts 91 and 570. 10. NEW MEMBERS: New members of 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. ;. ,z .I .-. 10.2 FULL COST RECOVERY: Any and all costs associated with a new member joining the Consortium, including any required amendments to the Consolidated Plan (s), shall be paid by the local government wishing to join the Consortium prior to becoming a member. 10.3 AVAILABILITY OF HOME FUNDS: HOME funds shall not be available to 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. 10.4 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS: The Program Administrator is authorized to amend the consortium agreement on behalf of the entire consortium to add new members to the consortium. 11. COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UNDER HOME: Each member of the Consortium agrees to cooperate to undertake or to assist in the undertaking of housing assistance activities for the HOME Program 12. AUTHORITY TO JOIN CONSORTIUM: Each member of the Consortium hereby certifies that it is authorized to enter into this Agreement. Authorizing resolutions from the governing body of each unit of local government joining the Consortium are incorporated into this Agreement under Attachment A and made part of this Agreement. 13. THE CITY OF POWAY: This Cooperative Agreement shall only include the City of Poway if all of the following occur: a) the City of Poway is advised by the U.S. Department of Housing and Urban Development prior to the completion of the re-qualification process for fiscal years 2000- COOPERATIVE AGREEbdNT TO FORMA HOME CONSORTIUM Page 5 of 6 2002, that it is eligible to become a metropolitan city with Community Development Block Grant entitlement status; and b) the City of Poway elects to take its entitlement status; and c) the City of Poway elects to be excluded from the San Diego Urban County; and d) the City of Poway elects to join the HOME Consortium. 14. THE CITY OF SAN MARCOS: This Cooperative Agreement shall only include the City of San Marcos if all of the following occur: a) the City of San Marcos is advised by the U.S. Department of Housing and Urban Development prior to the completion of the re-qualification process for fiscal years 2000-2002, that it is eligible to become a metropolitan city with Community Development Block Grant entitlement status; and b) the City of San Marcos elects to take its entitlement status; and c) the City of San Marcos elects to be excluded from the San Diego Urban County; and d) the City of San Marcos elects to join the HOME Consortium. IN WITNESS WHEREOF, the parties have executed this agreement on the day and the year first above written. Date. I). ,’ ‘, ., ‘. ,‘_ r . ‘: ,. ,Date 6-2-99 By: City of Encinitas Date By: City ‘of La Mesa Date By: City of Poway Date By: City of San Marcos Date By: City of Santee Date By: City of Vista Date 1, . COOPERATIVE AGREEhiNT TO FORMA HOME CONSORTIUM Page 6 of 6 COUNTY COUNSEL STATEMENT: The terms and provisions of this Agreement are fully author&d under State and 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. Date MEMO Junel7,1999 TO: NOTE TO FILE FROM: Kathleen D. Shoup, City Clerk’s Office, Ext. 5106 SUBJECT: Cooperative Agreement to Form a Home Consortium This agreement was approved by Council at the June 1, 1999 meeting. The actual agreement, according to Frank Boensch, Housing & Redevelopment Dept., was given to the County by him. The County is taking the one original around and getting all the signatures on their one document. In my absence, (jury duty), Lorraine processed the copy that was attached to the agenda bill for the Mayor’s signature. We do not know if the County will ever provide us with a copy of the completely signed agreement. Therefore, per instructions from Karen Kundtz, we are treating this copy with the Mayor’s signature as our original.