HomeMy WebLinkAboutAGENDA REPORT 2015 0617 CCSA REG ITEM 10F ITEM 10.F.
CI TY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL AP-e-ani--n,,d. ----'-
AGENDA REPORT �Jt �
BY:
TO: Honorable City Council
FROM: Jessica Sandifer, Senior Management Analy
DATE: June 10, 2015 (City Council Meeting 06/17/15)
SUBJECT: Consider Draft 2016-2018 Cooperation Agreement with County of
Ventura for Community Development Block Grant (CDBG)
Funding
BACKGROUND & DISCUSSION
As the Council may recall, beginning in the 2010-11 grant year, the County of Ventura
implemented a new process for allocation of funding for the County's CDBG entitlement
area funds. This new process meant that the County took over primary responsibility for
administration of the CDBG program. All applications for funds are made to the County
and all final decisions are made by the County. Initially, as a part of the new process,
the County requested input from the entitlement area cities on funding
recommendations for those programs that affect their jurisdictions.
Beginning in the FY 2013/14 funding cycle, the Department of Housing and Urban
Development (HUD) placed higher priorities on economic development programs,
creating affordable housing, and assisting those who are homeless or at risk of
becoming homeless with permanent housing opportunities and solutions. At the same
time the County took on the responsibility for administering the Continuum of Care
Funds (Homeless Funding) for the County. In light of the County's new responsibilities
and HUD's new funding priorities, the County changed the process such that County
staff reviews all the applications and makes funding recommendations and shares the
recommendations with City staff to get feedback. This allows County staff to
recommend those programs that meet the higher priority HUD goals for funding. If a
City does not agree with County staff recommendations and cannot get reconsideration
at the staff level, then we would need to attend a public hearing held by County staff
and, subsequently, a Board of Supervisor's public hearing, to request reconsideration of
the recommendation.
The City last signed a Cooperation Agreement with the County in 2007 for the 2007-
2009 Agreement period. Every three years the County has renewed the existing
cooperation Agreement via letter amendment. Under the new process, the County has
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Honorable City Council
June 17, 2015
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attempted to allocate funding according to the existing Cooperation Agreements,
however, County staff has found that under HUD's new adoption of annually updated
American Communities Survey data, it is difficult to track allocation of funds, which has
increased the administrative burden of the County by creating a need to re-allocate
funding mid-cycle. In consideration of the new process, County staff will not be
renewing the cooperation agreements in their current form. New agreements have
been drafted to incorporate HUD required language and articulate strategies to promote
the effective and efficient use of CDBG resources. The new Cooperation Agreement no
longer includes an allocation amount assigned to each City. Instead, the County staff is
working toward a more flexible system to continue to ensure equitable services
throughout the entitlement area.
Over the last three fiscal years, the County has worked to ensure that those Moorpark
public service programs and projects that apply for CDBG funding are funded.
Currently, Catholic Charities is the only social service program in Moorpark funded with
CDBG funds. Catholic Charities services meet a HUD high priority need in that they
provide services to those at-risk of becoming homeless and they are a good performer
under the grant. County staff recommends Catholic Charities for funding each year.
Under the new Agreement, as long as Catholic Charities continues to perform well and
meet a high priority need, staff expects that they will continue to be funded. CDBG
project funding has also been used to fund economic development programs via the
EDC-VC, however, in Fiscal Year 14/15 and 15/16, no project funding was spent or is
allocated in Moorpark. CDBG funding to the EDC-VC was stopped when the County of
Ventura decided to fund it directly with General Fund monies to avoid some of the
administrative burden associated with use of CDBG funds. The last CDBG funds the
City applied for and received was used for the Ruben Castro Human Services Center
project. Unfortunately, the high median income in the City makes it difficult for our public
projects to meet the eligibility requirements. Staff has recently been informed that
projects to make City facilities accessible under the Americans with Disabilities Act, may
be eligible for funding since the population served by these improvements is considered
by HUD to be a presumed beneficiary. Staff will continue to monitor City Capital
Improvement Projects for CDBG eligible activities.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Approve the draft 2016-2018 Cooperation Agreement with the County of Ventura and
authorize City Manager to sign the Agreement subject to final language approval of the
City Manager.
ATTACHMENT
1. FY 2015-2017 Draft CDBG Cooperation Agreement
281
ATTACHMENT 1
COOPERATION AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS COOPERATION AGREEMENT ("Agreement"), is made and entered into
this day of 2015, by and between the COUNTY OF VENTURA, a
political subdivision of the State of California (hereinafter called "COUNTY"), and the
CITY OF MOORPARK , a municipal corporation located within Ventura County
(hereinafter "CITY").
WITNESSETH :
F ?
WHEREAS, the United States Department of Housing"and Urban Development
(hereinafter "HUD") has notified COUNTY that it i,s''d nsidered kto have the required
qualifications (determination of essential powers) to participate' q the Community
Development Block Grant (CDBG) program as anrUrban County as that,term is defined
in Title I of the Housing and Community DeQeiopment Act of 1974, asp amended, the
HOME Investment Partnership (HOME), and Emergency Solutions Grants (ESG)
Programs; and
WHEREAS, the CDBG qualification proceee requires that following HUD's
determination that the County possesseskthe essentiallpowers to participate in the
CDBG program as an Urban Countya�that"the; units of general local government within
the COUNTY be notified of their opportunity to participate in'the COUNTY's program by
entering into a CooperatiidnAgreement with the;dessgnated,,Urban County; and
WHEREAS, :such Cooperation Agreements provide that the unit of general local
government and tbe;;,COUNTY, will cooperate in community development and housing
assistance activities=land the thearea�and=population of the unit of general local
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government.will be includeith that'of the:,COUNTY by HUD in determining funding
levels;
WHEREAS, COUNTY hes notified CITY of the opportunity to participate in
COUNTY'' CDBG program;
WHEREAS, CITY desires to participate in and be a part of COUNTY's CDBG
program;
NOW, THEREFORE, it is mutually agreed between COUNTY and CITY as
follows:
1. CITY shall participate in COUNTY's CDBG, HOME, and ESG programs
during Federal fiscal years 2016, 2017, and 2018. (The Federal fiscal year is
a twelve month period which begins on October 1 and ends on the following
September 30. The fiscal year is designated by the calendar year in which it
ends).
282
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Cooperation Agreement
City of Moorpark
2. This Agreement will be automatically renewed for both COUNTY and CITY
participation in successive three-year qualification periods unless the
COUNTY or CITY elects, by providing written notice thereof, not to participate
in any new qualification period. Failure by either party to execute any
amendment to the Agreement incorporating changes necessary to meet the
requirements for cooperation agreements, as set forth in the Urban County
Qualification Notice applicable for a subsequent three-year urban county
qualification period, will void the automatic renewal provision as to such
qualification period.
3. By the date specified in HUD's urban county qualification notice for the next
qualification period, COUNTY will notify CITY m writing of its right not to
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participate. fia
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4. This Agreement will remain in effect untill e(CDBG, HOME, and ESG funds
and program income received with `respect to thea initial three-year
qualification period (and any successive qualification period)r a�,re expended
and the funded activities completed, and thefiCOUNTY and CITY may not
terminate or withdraw from the Agreementwhile the Agreement remains in
effect under the terms of this paragraph i;'
5. COUNTY and CITY shall"tcooperat to undeake, or assist in undertaking,
community renewal and lowekincorief ousing assistance activities.
6. COUNTY, asA,Grantee, shall have the final"re ppnsibility for selecting CDBG,
HOME, ands EsG activities and submitting to HUD the Consolidated Plan
required by the rules and instructions governing the CDBG Program.
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7. COUNTY ` andt CiIT i ,hereby, i assume the obligation to take all actions
necessary to asure c
sompiiancei!with the COUNTY's certification required by
Pifeematferli.1104(bYbfiiiffitle 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 land teeffirmatively further fair housing as required by Section
109 of Title I of the Hoosirig and Community Development Act of 1974, which
incorporates Section 504 of the Rehabilitation Act of 1973 and the Age
Discrimination Act of 1975, and other applicable laws.
8. Funds slall,;not'be used for activities in, or in support of, CITY if it does not
affirmativelyf'urther fair housing within its own jurisdiction or for activities that
impede the COUNTY's actions to comply with its fair housing certification.
9. COUNTY and CITY shall not obstruct the implementation of the approved
Consolidated Plan during the period covered by this AGREEMENT, including
any extensions.
10. CITY understands and agrees by executing this AGREEMENT that it:
283
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Cooperation Agreement
City of Moorpark
A. May not apply for grants from appropriations under the State CDBG
Program for fiscal years during the period in which it participates in the
COUNTY's CDBG program; and
B. May receive a formula allocation under the 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. This does not preclude the COUNTY or CITY from
applying to the State for HOME funds, if the state allows; and
C. May receive a formula allocation under the ESO Program only through
the COUNTY. This does not preclude fi COUNTY or CITY from
applying to the State for ESG funds, if thele eillows.
73:Nit ',9:216h
11. COUNTY shall assume no liability for tit- egligence of• ITY or any officer,
employee, or agent hereof, and CITY, h hold COUN free and harmless
from any loss, damage, or liability, 4't'may arise out of thererformance of
this Agreement, except as may o ise be pr. ided herein of law,
12. CITY shall assume no liability for the of COUNTY or any officer,
employee, or agent there„ and COUN all hold CITY free and harmless
from any loss, damage, r#sbty that m ise out of the performance of
this Agreement, except as may otherwise be , # ed herein or by law.
13. CITY shall indemn COUN Y in th tiemmo t•1. any CITY expenditure under
n
this Agreemet - ' . eter�e 'y HUD to se improper, if such amount is
at any ti mcharged atainst the'COUNTY or withheld from COUNTY's share
of funds under the A" This pro fission shall survive any termination of this
_: x
Agreement p ,'g , t, 7,u.
14. COUNTY.,and`CIT shall timely adopt amendments to this Agreement, as and
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when needed, incorporating changes necessary to meet the requirements for
cooperation agreements set forth in any Urban County Qualification Notice
applicable for this ora subsequent three-year urban county qualification
;period, and COUNTY shall submit such amendment to HUD as provided in
the urban countiqualification notice. Failure to comply with this requirement
will void the automatic renewal for such qualification period.
15. CITY understands and agrees that it may not sell, trade, or otherwise transfer
all or any''portion of such funds to another such 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 activities
eligible under title I of the Act. This requirement is contained in the
Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-
235.
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Cooperation Agreement
City of Moorpark
16. This Agreement is only effective when approved by HUD, and may only be
modified by an instrument in writing executed by COUNTY and CITY and
approved by HUD.
17. Any and all notices sent pursuant to, or in furtherance of the purposes of, this
Agreement shall be deemed delivered if personally served upon the Chief
Executive Office of COUNTY or upon the City Manager's Office of CITY or if
sent via the United States Postal Service, postage prepaid, directed to
COUNTY, addressed as follows:
�W.
Chief Executive Office
County of Ventur t
800 South Victoria Aver ,,'L# _® 0
Ventura, CA 9309
ffie
or directed to CITY, addressed as foll8 5d 1o`�,rs:
4{; her
City Manager's Office;,,
City of Moorpark
799 MoorparkiAvenue
VE:A114,9prpark, CA'. 021
18. Pursuant to 24 CFR 570 50'1(b) CIT'j' is subjectAto the same requirements
applicable to subrecipients, includingt•j requiremeant of a written agreement
as described in 27 CFR 570.5'98 titled with Subrecipients."
19. CITY certifies that it has adopted and is enforcing:
A. A policy prohibi'ting,ithe use of excessive force by law enforcement
agencies,within its jurisdiction against any individuals engaged in non-
v'idlent 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 jurisdictions.
IN WITNESS WHEREOF,' the parties hereto have caused this Agreement to be
executed as of the day and year first above written.
CITY OF MOORPARK COUNTY OF VENTURA
By: By:
Steven Kueny, Michael Powers
City Manager Chief Executive Officer
Date: Date:
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