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HomeMy WebLinkAboutAGENDA REPORT 1990 1219 CC REG ITEM 08HMOORPARK ITEM�•n- The following report will recommence that the City execute two joint powers agreements (JPA) between th(, City and the County of Ventura for the purposes of allowing the ('ounty of Ventura to administer jointly funded CDBG programs. Presented in Attachments "A" and "B," are two joint powers agreements for the Council's consideration; A) JPA for 1987/s�S, Networking for Housing in Ventura County, $5,000 and; B; a agreement for three programs which received appropriations fr:�m the Ci -ty in 1989/90, ($500 Homeless Ombudsman, $25,000 C'as Par_.:ifica, $5,000 rood Share Warehouse Acquisition). After assessing the potential r ;k to the City implied by the language of the JPA, and after- other cities have adopted the agreement, staff is presenting tji se co�-tracts for the Council's consideration at this time.. Background The City first became aware of the potential for a JPA arrangement when it appropriated $5,000 to Networking for Housing in Ventura County (Networking) , at its December 37, ;987, CDBG Public Hearing. Networking is a County wide program where funds are donated and set aside for use by private developers wt:ich will create low and moderate income housing with the oan. The premise for a JP.A is that if - agRnicies fund STEVEN KUENY PAUL W. LAWRASON JR. K _ _Cq PoPa - sn(l City Manager Mayor I'AOORPARK, CALIFORN o° h' f y� Ci Co nc11 Meettng 9� CHERYL J. KANE BERNARDO M. PEREZ as opposed to several smaller a,jcf City Attorney Mayor Pro Tern of , / p 1 PATRICK RICHARDS, A.LC.P. SCOTT MONTGOMERY a 9 1021 i m Director of Councilmember ACTION: Community Development JOHN E. WOZNIAK *EO JOHN F. KNIPE Councilmember — - -_ City Engineer LILLIAN KELLERMAN g Y� � �ZJL + JOHN V. GILLESPIE City Clerk Chief of Police RICHARD T. HARE City Treasurer M E M O R A N I) U M TO: The Honorable City !'ouncil FROM: Donald P. Reynolds, Jr., Management Analyst DATE: December 13, 1990 SUBJECT: Consideration of City Execution of Community Development Block Grant (CDBG) Joint Powers Agreements The following report will recommence that the City execute two joint powers agreements (JPA) between th(, City and the County of Ventura for the purposes of allowing the ('ounty of Ventura to administer jointly funded CDBG programs. Presented in Attachments "A" and "B," are two joint powers agreements for the Council's consideration; A) JPA for 1987/s�S, Networking for Housing in Ventura County, $5,000 and; B; a agreement for three programs which received appropriations fr:�m the Ci -ty in 1989/90, ($500 Homeless Ombudsman, $25,000 C'as Par_.:ifica, $5,000 rood Share Warehouse Acquisition). After assessing the potential r ;k to the City implied by the language of the JPA, and after- other cities have adopted the agreement, staff is presenting tji se co�-tracts for the Council's consideration at this time.. Background The City first became aware of the potential for a JPA arrangement when it appropriated $5,000 to Networking for Housing in Ventura County (Networking) , at its December 37, ;987, CDBG Public Hearing. Networking is a County wide program where funds are donated and set aside for use by private developers wt:ich will create low and moderate income housing with the oan. The premise for a JP.A is that if twc agRnicies fund a County -wide program, that CDBG regulations sn(l administrative requirements could be more efficiently admin1s °:gyred T-,, rough one central agency-, as opposed to several smaller a,jcf it rjr )vidinq the same services. 799 Moorpark Avenue Moorpark, alitcrn a 9 1021 (805) 529 -6864 CDBGJPA December 13, 1990 Page 2 Prior to the 1990 public hearing for CDBG, the County presented the JPA possibility to participating cities a second time. This new approach to the program would create a JPA for any County -wide projects funded by two or more agencies. The Council proceeded to appropriate funds to three County -wide programs as follows: $25,000 for the Casa Pacifica project, (Area Housing Authority /Youth Connection dormitory project) ; $ ",00 for the Homeless Ombudsman program and; $5,000 to assist the Food :hare program acquire the warehouse that they currently lease. En March of 1990, other cities and the County were simultaneously conducting public hearings, and these three project. have since been identified as acceptable JPA programs for the V-90 CDB(; program by the County. Discussion /Development of the JPA In May of 1990, staff participateli in the development of the new JPA. It was determined at this tire, that a separate agreement for each grant year would be created. During this meeting, all cities raised many concerns about the anguagE� in the agreement. The County modified the agreement, • ad there re- submitted it to the cities. After reviewing the agreement, st<gff still had some concerns about the way the hold harmless language is presented in Section 6 (of both agreements) . This language may place the City at risk, because the County will not be held Liable for its actions, outside of "gross negligence or willful miscinduct." This risk is limited to the "contributed amount." In staff's opinion, however, the risk implied by Section 6 of the agreements, does not outweigh tree benefits of the arrangement. Staff, with more than ten CDBG programs t.o administer, appreciates the opportunity to allow the County to assume these responsibilities. The risk Anv,l.ved can be perceived in a way which assumes that because it is in the County's best interest to administer these programs in good faith, that the potential for the need for a mutual indemnif icat for c: ause is minimal. Based on this assessment, which correlates %,i,_tz ot`It;r small cities, staff recommends that the city proceec, w i..h these two agreements. The other cities will be proceeding tdoi;t t:.he agreement., or already have. The County has changed its posit. ion for 1992, by excluding JPA' s for programs not directly funded :)y the county. The City will know which programs are eligible for i JPA before the March 19, 1991, public hearing, and will take th. 1� rl'tncjement into consideration, prior to making recommendations f ( mi(c appropriations in 1991/92. CDBGJPA December 11, 1990 Page 3 Recommendation That the City Council authorize the Mayor to execute the Joint Powers Agreements for the Moorpark Community Development Block Grant program, as presented in Attachment "A ", and Attachment "B," as follows: 1) Joint Powers Agreement. Between the County of Ventura and the City for purposes of County administration of the 1987/88 City CDBG Appropriation of $5,000 for the Networking for Housin(; in Ventura County program and,; 2) Joint Powers Agreement. Between the County of Ventura and the City for purposes; of County administration of the 1989/90 City CDBG Appropriation of $25,000 for the Casa Pacifica project, $5,)00 for the Food Share Warehouse Acquisition project: a'A X500 for the Homeless Ombudsman project. Attachments: A) 1987/88 TPA B) 1989/90 JPA AT! \Cll1 'ENT 1987 -1.588 JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOORPARK ANC THE COUNTY OF VENTURA The City of Moorpark (hereinafter referred to as "City ") and the County of Ventura (hereinafter referred to as "County ") hereby enter into a Joint Powers Agreement for the funding of various nonprofit or public agencies in the County consisting of those agencies listed on Exhibit "A ", attached to and made a part of this Joint Powers Agreement, and subject- t4) those conditions as follows: RECITALS A. The City and County are part:.cipants in the federally funded Community Development Block Grant (CDBG) Program. Ventura County qualifies for funds as an entitlement entity. The entitlement includes the unincorporated areas of Ventura Ojai, ur County and the cities of Camarillo F_llmore, Moorpark, Hueneme and Santa Paula. B. Through the funding program, the County and the cities have increased the availability of decent and affordable housing for local residents whose incom,� is 80% or less of the median income in the County and the City- C. The County and the City recognize that a cooperation of funding and /or administration of such a orogram would be to the benefit of all parties. D. The County and the City be,,.ieve that the joint exercise of their power as authorized by - alifornia Government Code Section 6502 would also be mutually beneficial. E. The County and the City support the efforts of the various nonprofit organizations and /or public agencies as listed on Exhibit A as a mechanism for accomplishing local goals and providing service to the res ..dents of the County by the various programs provided by these agencies within the City and the County. F. The County intends to contribute funds from its 1987 -88 CDBG allocations and /or administrat ve support to various agencies or projects, as listed on Exhibit A. The City intends to contribute funds to the sam+ aaenc es or projects as listed on Exhibit A. G. Now, therefore, in consideration of the foregoing retivess, the in recognition of their utual g oals parties agree as follows 1. The County and the City agree t..hat the County will enter into contract with the various agencies to contribute the funds/and or administrative support as l u listed in Exhibit "A ". y contribution shall be utilized by the County and combined with any County funds allocated t; the various agencies. City agrees that County shall draw down City- allocated funds from HUD when necessary, and shall notify City within 30 days of such action. 2. Contracting with individual agencies is dependent upon acceptable agreement from all participating cities providing funding for those agencies. Should such agreement not be achieved within a reasonable ime period, County shall notify City promptly. 3. Should an individual agency ctsoose not to utilize CDBG funds, County shall notify City immediately, and City shall be responsible for reprogramming of those funds, and County shall be responsible for preparing amendments to this JPA. 4. It is expressly understood ttiat all funds contributed by the City and the County will be expended for residents of Ventura County and that projects may oe Located in the unincorporated area or in any of the six participating cities in the CDBG program. It is further understood and agreed that all costs incurred in the administration and implementation of this Joint Powers Agreement and the contract with various agencies shall be borne by the County as ir_r sole expense. 5. The County will have responsibilities for conducting all necessary environmental reviews and obtaining a release of CDBG funds from the U.S. Department of Housing and Urban Development, for the contracting with the various agencies as set forth under Exhibit A, fc:9.- monitoring project performance, for periodically reviewing ttie accounts relating to these CDBG funds as viewed necessary by the County but not, in any event, to any lesser degree than required by federal or state legislation, and for satisfying all other statutes and regulations governing the CDBG programs to the extent that they are pertinent to the various cc-)ntra _-ti.ng agencies. 6. Except for gross negligence or willful misconduct, the City will hold the County harmle: -s from any liability of any kind relating to the funds or administration of such funding under this Joint Powers Agreement, -except that City is not li .ble for any sums in excess of cont._ri.)uted amounts. 7. The performance by the va:riois agencies in Ventura County will conform to the contract be,'ween such organizations and the County, referred to in Para:raph 1� above. 8. It is the intention of the parties that other cities within the County may enter into Joint Powers Agreements menu for the funding of projects listed in Exhibit "A "' . above, City shall. be kept informed of status of such JPA's. 9. Pursuant to Government Code section 6512, any surplus funds on hand subsequent to expiration or termination of this Joint Powers Agreement or the contract with the various agncies shall be returned to the Cit }' and the County in proportion the financial contribution or`,ginally made. EFFECTIVE DATE This Joint Powers Agreement wi.11.t:>ecome effective for all purposes when it is approved by the County 3oard of Supervisors and the City Council of the City of Moorpark. This Agreement shall terminate or June `i0, 1991 unless amended to extend the time period. IN WITNESS THEREOF, b e exec t and by city having vaff xeddthereto Joint the Powers Agreement � ibl:_c entity. signature of the agent of said p y• COUNTY OF VENTURA Date: By: CITY OF MOORPARK Date: By: ATTACiLMENT 8 M JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOORPARK AID THE COUNTY OF VENTURA The City of Moorpark (hereinafter referred to as "City ") and the County of Ventura (hereinafter - referred to as "County ") hereby enter into a Joint Powers Agreement for the funding of various nonprofit or public agencies in the County consisting of those agencies listed on Exhibit "A ", attached to and made a part of this Joint Powers Agreement, ar-1 subject to those conditions as follows: RECITALS A. The City and County are participants in the federally funded Community Development Block:. Grant (CDBG) Program. Ventura County qualifies for funds as an entitlement entity. The entitlement includes the unincorporated areas of Ventura County and the cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme and San* a Paul,:. B. Through the funding program, the County and the cities have increased the availability of decent and affordable housing for local residents whose income is 80% or less of the median income in the Count and t:he City. C. The County and the City recognize that a cooperation of funding and /or administration of such a program would be to the benefit of all parties D. The County and the City believe that the joint exercise of their power as authorized by California Government Code Section 6502 would also bf mutually beneficial. E. The County and the City support the efforts of the various nonprofit organizations and /or public agencies as listed on Exhibit A as a mechanism nor accomplishing local goals and providing service to the residents of the County by the various programs provided by the! ;e agencies within the City and the County. F. The County intends to contribute funds from its 1990 -91 CDBG allocations and /or administrative support to various agencies or projects, as ..fisted on Exhibit A. The City intends to contribute furls --o tlae same agencies or projects as listed on Exhibit A. G. Now, therefore, in consideration of the foregoing recitals, and in recognition of their mutual goals and objectives, the parties agree as follows: 1. The County and the City agree that the County will enter into contract with the vari(:)us agencies to contribute the funds /and or administrative support as listed in Exhibit "A ". The City contribution shall be utilized by the County and combined with any Count °; funds allocated to the various agencies. City agrees that County shall draw down City- allocated funds from H�JD when necessary, and shall notify City within 30 days )f such action. 2. Contracting with individual agencies is dependent upon acceptable agreement from all participating cities providing funding for those agencies Should such agreement not be achieved within a reasonab'e time period, County shall notify City promptly. 3. Should an individual agency choose not to utilize CDBG funds, County shall notify City immediately, and City shall be responsible for reprogramming of those funds, and County shall be responsible for preparing amendments to this JPA. 4. It is expressly understood that all funds contributed by the City and the County will be expended for residents of Ventura County and that prc ?jests may be located in the unincorporated area or in my of the six participating cities in the CDBG program it is further understood and agreed that all costs incurred in the administration and implementation of this Joint Powers Agreement and the contract with various alter: °ie r,hall be borne by the County as its sole expense. 5. The County will have responsibilities for conducting all necessary environmental reviews and obtaining a release of CDBG funds from the U.S. Department of Housing and Urban Development, for the contracting with the various agencies as set forth under Exhibit. A, for monitoring project performance, for periodically reviewing the accounts relating to these CDBG funds, as viewed necessary by the County but not, in any evo�,t, to any lesser degree han required by federal or stRste legislation, and for satisfying all other statutes and re(,.uicticns governing the CDBG -- programs to the extent th; *'. t he,y are pertinent to the various contr_=ctinq aq nc M Z M the City Except for gross negligence or willful liabilatytof any kind will hold the County harmless from any relating to the funds or administra tfthath City disgnot under this Joint Powers Agreement, exce , P liable for any sums in exce-s of contributed amounts. The performance by the vari(:)us agencies in Ventura atio county and will county, referredctotirc 'abagraph 1 above. the Co y, It is the intention of the parties that other cities for them the County may enter into Joint Powers Agreements As stated h in funding of projects listed n Exhibit inf Paragraph 2 above, City shz -ll oe kept informed of status of such JPA's- Pursuant to Government Coder Section 6512, any surplus funds on hand subsequent to expiiati.on or termination of this Joint Powers *he thetCity and thee Countyuin agencies shall be re made. proportion to the financia contribution originally EFFECTIVE DATE all This Joint Powers AgreemwbylthecCountyfBoardeofoSupervisors purposes when it is approved and the City Council of the City of Moorpark. This Agreement shall terminate on June 30, 1991 unless amended to extend the time period. ity have caused this Joint IN WITNESS THEREOF, the County and C Powers Agreement to be executed by having affixed thereto the signature of the agent of sai ' publi,? entity. COUNTY OF VENTURA Date: By: _ —_--- -- CITY OF MOORPARIK Date: By. _ -_ -- City of Moorpark.._- 1990 JPA Projects: Project Name: -Youth Connection /Area Housing i�_ithDr.i~y; Lewis Road Project - Foodshare; Warehouse Acquisit:ici -PSSA Homeless Ombudsman EXHIBIT "A" Contract Amount: $ 25,000 $ 5,000 $ 500 The Honorable City Council Page 2 December 12, 1990 Funds for this conference ha e bee:: budgeted in the FY 1990/91 budget as follows: Commissioners and Recreat i( S ipervisor Account #01- 4.148.632 $3,650 Director of Community Sery l ,es Account #01.4.134.632 $ 850 which cover +.. onference regist ar-i.cri. lodging, travel and meals. Conference pre- registration eacline will save $30 per person. The pre - registration :eadline is January 31, 1991. If an unforeseen event shou d occur after the initial registration, a full refund may be requested in writing prior to February 14, 1991. In accordance with City Operat ng Procedures No. 1, Meeting and Conference Expense, att-nda nce at conferences and training sessions requiring loajin3 at City expense shall be subject to the advance approval :)f the City Council. STAFF RECOMMENDATION: Approve attendance to this onference by the Parks and Recreation Commission and City taff_ PEN:db Attachment. s