HomeMy WebLinkAboutCC AG PKT 2011-04-25 #GAGENDA STAFF REPORT
DATE: April 25, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, Acting City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: APPROVE A THREE YEAR COOPERATIVE
AGREEMENT (FY 2012 -15) WITH THE COUNTY OF
ORANGE AS PART OF THE URBAN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
SUMMARY OF REQUEST:
Adopt Resolution No. 6126 approving the City of Seal Beach participation in the
County of Orange Urban County Community Development Block Grant (CDBG)
Program.
BACKGROUND AND ANALYSIS:
Cities with a population of less than 50,000 receive federal Community
Development Block Grant (CDBG) Program funds through the county in which
they are located. Seal Beach has a population of 26,010 people, and therefore is
part of the County of Orange Urban County program. The County of Orange and
the federal Department of Housing and Urban Development (HUD) require
participating cities to enter into a cooperative agreement every three years in
order to continue receiving CDBG funds. The original Agreement with the
County of Orange was executed in July 2005. Amendment 1 to the Agreement
was executed in July 2008. This is actually the Second Amendment to the
Cooperative Agreement between the County and the City. If approved the
Agreement covers fiscal years 2012 -15.
Entering into this Agreement allows the City to continue receiving funds for the
Leisure World Bathroom Improvement Program. It further allows the City to apply
for additional CDBG funds when the County has a call for requests for projects
later in the year.
Agenda Item G
Page 2
FISCAL IMPACT:
None.
RECOMMENDATION:
That the City Council adopt Resolution No. 6126 approving a three year
Cooperative Agreement (FY 2012 -15) between the County of Orange and the City
of Seal Beach as part of the Urban County CDBG Program and authorize the
Acting City Manager to execute the agreement.
SUBMITTED BY:
NOTED AND APPROVED:
Mark H. Persico, AICP J' R. Ingram,
Director of Development Services cting City Man er
Attachment:
A. Resolution No. 6126
B. Cooperative Agreement
RESOLUTION NUMBER 6126
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING A SECOND AMENDMENT TO THE THREE YEAR
COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF
ORANGE AND THE CITY OF SEAL BEACH (FY 2012 -15) FOR
PARTICIPATION IN THE URBAN COUNTY CBDG PROGRAM
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1 . On July 1, 2005, the City of Seal Beach entered into a
Cooperation Agreement with the County of Orange as part of the federal
Department of Housing and Urban Development (HUD) Urban County (Small City)
Community Development Block Grant (CDBG) Program. The Agreement covered
three fiscal years (FY 2006 -09)
Section 2 . On July 16, 2008, the City of Seal Beach entered into
Amendment One to the Cooperation Agreement, thereby extending the term for
three additional years (FY 2009 - 2012).
Section 3 . The City of Seal Beach desires to extend the term of the
cooperative agreement an additional three fiscal years (FY 2012 -15).
Section 4. The Acting City Manager is authorized to sign the Second
Amendment to the County Cooperative Agreement and copies of the Agreement
shall be transmitted to County of Orange.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 25th day of April , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6126 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 25th day of April , 2011.
City Clerk
SECOND AMENDMENT TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF SEAL BEACH (Small City)
This Amendment Number Two (hereinafter "Amendment Two ") is made and entered into by the
County of Orange, a political subdivision of the State of California, ( "County ") and CITY OF SEAL
BEACH, a municipal corporation, ( "City "), which are sometimes individually referred to as "Party" or
collectively referred to as "Parties ", and is effective as of July 1, 2011, hereinafter referred to as
"EFFECTIVE DATE ".
WHEREAS, County and City executed that certain COOPERATION AGREEMENT "Small- City"
(hereinafter "Original Agreement" or "Agreement ") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment One, effective as of July 16,
2008;and
WHEREAS, U.S. Department of Housing and Urban Development ( "HUD ") Notice CPD -08 -04 allows
"automatic" renewals for up to three years provided that County sends a letter to City notifying it that
the Original Agreement will be renewed unless City notifies County that it wishes to terminate the
agreement and a copy of such a letter is provide to HUD;
WHEREAS, County sent City a letter notifying City of such renewal on March 25, 2011;
WHEREAS, City did not advise County that it wished to terminate the Original Agreement with
County;
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner
set forth herein.
NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original
Agreement:
1. Section 2 of the Original Agreement is amended in its entirety as follows:
COUNTY shall have the authority to carry out activities, which will be funded from annual
CDBG or HOME Program funds appropriated for Federal Fiscal Years 2012 -2013, 2013 -2014
and 2014 -2015 and from any program income generated from the expenditure of such funds.
2. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
This Agreement shall cover Program Years 38, 39 and 40 (Fiscal Years 2012 -2013, 2013 -2014
and 2014 -2015, respectively) of CDBG and HOME program applications, including any
subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this
agreement be terminated by either party before June 30, 2015, except as allowed in
legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County
Program and as permitted by HUD.
3. Section 10 shall be added to Agreement to read:
In accordance with HUD Notice CPD 10 -02, and subsequent CPD Notices, this Agreement will
be automatically extended for an additional three (3) year period (i.e. from July 1, 2012 to
June 30, 2015) unless COUNTY or CITY provides written notice that it elects not to participate
in a new qualification period, COUNTY shall notify CITY in writing of its right not to participate
any longer than the date specified in HUD's Urban County Qualification Notice for the next
qualification period.
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4. Section 24., is amended by deleting "Fiscal Years 2006 -2007, 2007 -2008 and 2008 -2009" and
inserting "2012 -2013, 2013 -2014 and 2014 - 2015 ".
5. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto
as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with
this Amendment, remain unchanged and in full force and effect.
IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its City Manager and
attested by its City Clerk; COUNTY has caused this Agreement to be executed by the Director of the
OC Community Resources; each having been duly authorized by the CITY Council and the COUNTY
Board of Supervisors, respectively.
ATTEST:
City of Seal Beach a municipal
Corporation in the State of California
B v:
Name: Jill R. Ingram
Title: Acting City Manager
Date:
By:
Name: Linda Devine
Title: City Clerk
Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Steve Franks, Director
OC Community Resources
Date:
ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the
agreement provides full legal authority for the County."
By Date:
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EXHIBIT A
Cooperation Agreement "Small- City"
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