HomeMy WebLinkAboutSupplemental Communication from Community Development Director Les Johnson1
Gloria Harper
From:Les Johnson
Sent:Tuesday, May 26, 2020 6:12 PM
To:Gloria Harper; Jill Ingram
Cc:Craig A. Steele; Dana Engstrom
Subject:Memorandum and Revised Language for CDBG Cooperative Agreement
Attachments:Amendment 5 Co-Op Participating-FINAL 5.26.20 HIGHLIGHT.pdf; CC Memo -
Language Revisions to Cooperative Agreement 5-26-20.pdf
Attached is a cover memorandum and a copy of the revised agreement language with the revisions highlighted.
Gloria, could you please distribute to City Council for their consideration.
Jill, I suspect that it would be best to pull this in order to provide a brief verbal explanation of the last minute language
changes provided by the County.
Thank you everyone.
Les Johnson
Community Development Director
City of Seal Beach – 211 Eighth Street, Seal Beach, CA 90740
(562) 431-2527, Ext. 1313
Civility Principles:
1. Treat everyone courteously;
2. Listen to others respectfully;
3. Exercise self-control;
4. Give open-minded consideration to all viewpoints;
5. Focus on the issues and avoid personalizing debate; and,
6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for
forging sound decisions.
For Information about Seal Beach, please see our city website: www.sealbeachca.gov
NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this
communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the
sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.
MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Les Johnson, Community Development Director
THRU: Jill R. Ingram, City Manager
DATE: May 26, 2020
RE: Amendment Five to the Community Development Block Grant
(CDBG) Program Cooperative Agreement for FY 2021/2022 –
2023/2024
Earlier this afternoon, City staff received notice from Orange County of minor language
revisions to Amendment Five of the CDBG Cooperative Agreement. The attached
document represents the latest document and highlights the additional language. In
considering the revised language, staff finds the changes to be minor in nature and
recommends City Council adoption of Resolution 7030 with inclusion of the revised
language.
Page 1 of 6
AMENDMENT FIVE TO
COOPERATION AGREEMENT BETWEEN
THE COUNTY OF ORANGE
AND
CITY OF ____________
This Amendment Number FIVE (hereinafter “Amendment FIVE”) is made and
entered into by the County of Orange, a political subdivision of the State of California,
(“COUNTY”) and CITY OF _____________, a municipal corporation, (“CITY”), DUNS
Number _____________ which are sometimes individually referred to as “Party” or
collectively referred to as “Parties”, and is effective as of July 1, 2021, hereinafter
referred to as “EFFECTIVE DATE”.
WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT
“Small-City” (hereinafter, as amended, “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, the Original Agreement was amended by Amendment TWO, effective
as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective
as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective
as of July 1, 2018; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”)
Notice CPD-20-03 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 provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 17,
2020; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original
Agreement with County; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time
in the manner set forth herein.
NOW, THEREFORE, the Parties hereby agree as follows:
Page 2 of 6
I. 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 Community Development Block Grant (CDBG), Home
Investment Partnership (HOME) and Emergency Solutions Grant (ESG)
Program funds appropriated for Fiscal Years 2021-2022, 2022-2023 and
2023-2024 and from any program income generated from the expenditure
of such funds.”
2. Section 6 of the Original Agreement shall be amended to add subsection
(c.) as follows:
“c. A policy to undertake or assist in undertaking, community renewal
and lower-income housing assistance activities.”
3. Section 9 of the Original Agreement shall read as amended in its entirety
as follows:
“This Agreement shall cover Fiscal Years 2021-2022, 2022-2023 and 2023-
2024, respectively of CDBG, HOME and ESG 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, 2024, 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.
This Agreement remains in effect until the CDBG (and, where applicable,
HOME and ESG) funds and program income received (with respect to
activities carried out during the three-year qualification period, and any
successive qualification periods under agreements that provide for
automatic renewal) are expended and the funded activities completed, and
the COUNTY and CITY cannot terminate or withdraw from this Agreement
while it remains in effect.”
4. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 20-03, and subsequent CPD Notices,
this Agreement will be automatically extended for an additional 3 (three)
year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY
provides written notice that it elects not to participate in a new qualification
period. A copy of the notice must be sent to HUD Field Office. 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.”
5. Section 11 of the Original Agreement is amended to read:
Page 3 of 6
“CITY and COUNTY agree to adopt amendments (s) to this Agreement as
may be required by HUD to meet any new Urban County Qualification
requirement(s) subsequent to June 30, 2021 and to submit such
amendments to HUD. The COUNTY will notify CITY of its right to terminate
its participation in the program based on the adoption of any such
amendment. If either CITY or COUNTY refuses to adopt any such
amendment, this automatic renewal provision herein will be void.”
6. Section 14 of the Original Agreement is amended to add subsection (d) as
follows:
“d. May receive a formula allocation under the ESG Program only through
the Urban County.”
7. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before
June 2020 the notification from HUD that CITY has qualified as a
“Metropolitan City” or an “Entitlement City” prior to the completion of the
re-qualification process for Fiscal Years 2021-22, 2022-2023, and 2023-
2024. Upon such notification by HUD, CITY also must submit to COUNTY
and HUD written notification of its decision to either remain in the Urban
County Program as a “Metropolitan City” or become an “Entitlement City”
as a separate entity.”
II. Additional Agreements
1. The COUNTY and the CITY agree to cooperate to undertake, or assist in
undertaking, community renewal and lower-income housing assistance
activities.
2. The COUNTY and the CITY shall take all actions necessary to assure
compliance with the COUNTY’S certification under section 104(b) of Title I
of the Housing and Community Development Act of 1974, that the grant
will be conducted and administered in conformity with Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act and will affirmatively further
fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The
Parties shall comply with section 109 of Title I of the Housing and
Community Development Act of 1974, which incorporates Section 504 of
the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities
Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and
Urban Development Act of 1968, and all other applicable laws. The Parties
agree that no urban county funding will be used for activities in, or in
support of, any cooperating unit of general local government that does not
affirmatively further fair housing within its own jurisdiction or that impedes
the COUNTY’S actions to comply with the COUNTY’S fair housing
certification. The Parties acknowledge and agree that noncompliance by a
unit of general local government included in an urban county may
constitute noncompliance by the grantee (i.e., the urban 14 county) that
Page 4 of 6
can, in turn, provide cause for funding sanctions or other remedial actions
by the Department.
3. The CITY, and all other applicable units of general local government, 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.
4. 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 FIVE, remain
unchanged and in full force and effect.
Page 5 of 6
IN WITNESS WHEREOF, CITY has caused this Amendment FIVE to be executed by its
City Manager and attested by its City Clerk; COUNTY has caused this Amendment
FIVE to be executed by the Director of the Orange County Community Resources;
each having been duly authorized by the CITY Council and the COUNTY Board of
Supervisors, respectively.
ATTEST:
City of , a municipal
Corporation in the State of California
By: By:
Name: Name:
Title: City Manager Title: City Clerk
Date: Date:
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Dylan Wright, Director
Orange County Community Resources
Date:
Page 6 of 6
////////////////////////////////////////////////////////////////////////////////////////////
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: Deputy County Counsel Date: __________