NOTICE AND AGENDA
CITY OF UNION CITY
CITY COUNCIL
SPECIAL MEETING
Tuesday, June 27, 2023
6:55 PM
City Hall - Council Chamber
34009 Alvarado-Niles Rd Union City, CA 94587
1. CALL TO ORDER
1.a. Roll Call
2. ORAL COMMUNICATIONS - Comments limited to items on the Special Meeting Agenda
3. CONSENT CALENDAR
3.a. Adopt A Resolution Of The City Council Of The City of Union City Authorizing The Continued Participation Of The City Of Union City In The Alameda County HOME Consortium For
HOME Funds And Authorizing Execution Of The Necessary
Documents To Maintain The Eligibility Of The Consortium For HOME Program Funds In Accordance With The National
Affordable Housing Act Of 1990
4. ADJOURNMENT
/s/ Carol Dutra-Vernaci
Carol Dutra Vernaci
Mayor
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: FRANCISCO GOMEZ, HOUSING AND COMMUNITY DEVELOPMENT
MANAGER
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY AUTHORIZING THE CONTINUED PARTICIPATION OF
THE CITY OF UNION CITY IN THE ALAMEDA COUNTY HOME
CONSORTIUM FOR HOME FUNDS AND AUTHORIZING EXECUTION OF
THE NECESSARY DOCUMENTS TO MAINTAIN THE ELIGIBILITY OF
THE CONSORTIUM FOR HOME PROGRAM FUNDS IN ACCORDANCE
WITH THE NATIONALAFFORDABLE HOUSING ACT OF 1990
Staff recommends the City Council adopt the attached resolution authorizing continued participation in the Alameda County HOME consortium for federal fiscal years 2024, 2025, 2026 and authorizing the City Manager to execute all necessary documents to maintain the eligibility of the HOME Consortium including executing the attached HOME consortium Agreement between the City of Union City and the County of Alameda (See Attachment 1).
STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with a specific goal or strategy but is required to receive Federal Grant funds as well as allocated public service grants, which both support the City's overall mission to create and provide effective, quality services that foster high quality of life and economic vitality.
BACKGROUND
The Cranston-Gonzalez National Affordable Housing Act of 1990 created the HOME Investment Partnership Program (“HOME”) that provides funds to participating jurisdictions for acquisition, rehabilitation, and new construction of affordable housing along with homebuyer and tenant-based rentalassistance.
The City of Union City receives HOME funds annually through participation in the Alameda County HOME Consortium (“Consortium”). The Consortium is comprised of the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro, and Union City and the Urban County (consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County). The HOME Consortium Agreement for Federal fiscal years 2024 – 2026 continues the City’s participation in the Consortium and establishes the Alameda County Housing and Community Development Department (HCD) as the lead agency in the administration of the HOME funds. The current HOME Consortium Agreement expires at the end of this fiscal year and a new agreement is required in order for the City to continue to participate in the Consortium.
DISCUSSION
The City’s participation in the Consortium ensures the City an annualallocation of HOME funds and alleviates the administrative burden of the funds. As the representative of the Consortium, Alameda County acts as the lead member for administrative and federal reporting purposes and coordinates the production of the Five-Year Consolidated Plan, Annual Action Plans, and the Consolidated Annual Performance and Evaluation Report (CAPER) as required by the Department of Housing and Urban Development (HUD). Several other reporting activities are also carried out in a joint effort by the participating jurisdictions. For example, allocation of the HOME funds are included in the City's CDBG AnnualAction Plan.
Over the years, the City has used HOME funds to support the City’s housing rehabilitation program and to build Wisteria Place, a 40-unit, affordable senior housing project. The HOME funds have also helped maintain a Tenant Based Rental Assistance, which is managed by the City of Fremont for income-eligible households in Union City. The program also includes financial literacy training for participants. For this current fiscal year, the City plans to use HOME funds to provide support for a State of California Homekey application for the acquisition of single-family homes in order to create affordable housing units for households experiencing homelessness.
This action is a procedural item that only provides for the administration of the HOME funds. All proposed HOME expenditures for specific projects or programs will be brought to the City Council for review and approval.
FISCAL IMPACT
This agreement will not impact the City’s General Fund. Participation in the Consortium ensures that the City receives an annualallocation of Federal HOME funds.
RECOMMENDATION
Staff recommends the City Council adopt the attached resolution authorizing continued participation in the Alameda County HOME Consortium and for federal fiscal years 2024, 2025, and 2026 and authorizing the City Manager to execute all necessary documents to maintain the eligibility of the HOME Consortium in accordance with the NationalAffordable Housing Act of 1990.
Prepared by:
Francisco Gomez, Housing and Community Development Manager Submitted by:
Francisco Gomez, Housing and Community Development Manager ATTACHMENTS:
Description Type
Resolution Resolution
Attachment 1 - HOMEConsortiumAgreement Attachment
RESOLUTION No. XXXX-23
A RESOLUTION AUTHORIZING THE CONTINUED PARTICIPATION OF THE
CITY OF UNION CITY IN THE ALAMEDA COUNTY HOME CONSORTIUM
FOR HOME FUNDS AND AUTHORIZING EXECUTION OF THE NECESSARY
DOCUMENTS TO MAINTAIN THE ELIGIBILITY OF THE CONSORTIUM FOR
HOME PROGRAM FUNDS IN ACCORDANCE WITH THE NATIONAL
AFFORDABLE HOUSING ACT OF 1990
WHEREAS, the Congress of the United States has enacted the Cranston-Gonzalez National Affordable Housing Act of 1990 and Federal regulations have been adopted pursuant thereto, hereinafter called the “Act”; and
WHEREAS, Title II of the Act creates the HOME Investment Partnership Program hereinafter called “HOME,” that provides funds to participating jurisdictions for acquisition, rehabilitation, new construction of affordable housing, homebuyer and tenant-based rental assistance; and
WHEREAS, the Act allows local governments to form consortia for the purpose of receiving and administering HOME funds and carrying out purposes of the Act; and WHEREAS, the cities of Alameda, Fremont, Hayward, Livermore, Pleasanton, San Leandro and Union City have expressed their interest in joining with the Alameda County Urban County (consisting of the cities of Albany, Dublin, Emeryville, Newark, Piedmont, and the unincorporated County) to continue in the Alameda County HOME Consortium for federal fiscal years 2024, 2025 and 2026.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City does hereby resolve, declare, determine and order as follows:
1. The City Council of the City of Union City hereby authorizes the City of Union City continued participation of the Alameda County Urban County in the Alameda County HOME Consortium.
2. The City Council of the City of the City of Union City hereby authorizes the City Manager to execute the necessary documents to maintain the eligibility of the Consortium for HOME program funds in accordance with the National Affordable Housing Act of 1990.
3. This resolution shall take effect immediately upon its adoption. 1 ATTACHMENT 1
CONTRACT DESIGNATING THE CITY OF UNION CITY
AS A SUBRECIPIENT OF HOME FUNDS
This SUBRECIPIENT AGREEMENT is made and entered into this 1 st day of July 2023, by and between
the CITY OF UNION CITY, a municipal corporation located within Alameda County, hereinafter called "City," and the COUNTY OF ALAMEDA, a body corporate and politic of the State of California, hereafter called "County."
WITNESSETH:
WHEREAS the City and County have entered into a Cooperative Agreement to form, along with other cities the Alameda County HOME Consortium (the “Consortium”) to qualify for HOME Investment Partnership Act funds, funded by the U.S. Department of Housing and Urban Development; and WHEREAS the County is the lead agency in the Consortium, designated by HUD as the HOME Participating Jurisdiction; and
WHEREAS the City and the County have determined that it is mutually beneficial to have County disburse HOME funds for HOME-eligible activities in City; and
WHEREAS the City must be designated a HOME Subrecipient in order to directly execute contracts for and implement HOME-funded activities within its jurisdiction; and WHEREAS, the City and County desire to enter into this Subrecipient Agreement (the “Agreement”) for the purpose of designating the City a HOME subrecipient; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
A. STATEMENT OF WORK
1. The Term of this Agreement shall be from July 1, 2023 until June 30, 2027, or until all fiscal year 2023 HOME funds allocated to City for a project are disbursed to City, or for the duration of any regulatory agreement executed in conjunction with a project financed with all of the fiscal year 2023 HOME funds, or when all of the contract terms have been completed, whichever shall first occur.
B. COMMENCEMENT AND COMPLETION REQUIREMENTS
1. Upon execution of this Agreement, City shall be designated as a HOME Subrecipient for 2023 fiscal year funds for the purpose of administering HOME funds.
2. The maximum amount of HOME funds covered by this Agreement shall be one hundred fortyeight thousand one hundred twenty-four dollars ($148,124) in entitlement funds for both the administrative and project costs set forth in Exhibit A. In the event that HUD reduces the HOME allocation to the Consortium, or the City does not meet any deadline for commitment or expenditure of funds as established by the County, the City's allocation will be reduced accordingly. Specific information regarding the HUD HOME contract is set forth in Exhibit A1. 2 3. As a subrecipient, City is responsible for identifying, selecting and implementing HOMEeligible activities within its jurisdiction. This includes contracting for the performance of these activities with other entities for HOME-eligible activities, and maintaining the required records to conform to HUD and HOME program standards. In its role as subrecipient, City is responsible for fulfilling all of the requirements of the HOME program and for ensuring that HOME requirements are fulfilled by its contractors, as applicable.
4. Any HOME eligible activities that the City desires to engage in must be approved by County in advance of any commitment of funds from the City to another entity. The City is responsible for submission of an Application to the County. County approval will be evidenced by a project approval letter to the City and a subsequent amendment of this Agreement to add funding for approved project(s). County will notify City of any disapproved Applications or modifications needed for approval.
5. As a Subrecipient, the City is responsible for conducting the environmental review of any project or program assisted through this contract in compliance with the National Environmental Protection Act (NEPA) and 24 CFR 58 and the California Environmental Quality Act (CEQA) (the “Environmental Review”). The City shall submit the NEPA Environmental Review (ER) to the County as the Grantee and Responsible Entity. The County shall review the documents and may require changes or modifications by the City to the ER and require the City to resubmit and publish the final version. Once the County has reviewed and approved, the ER will be submitted to HUD for Authority to use Grant Funds. HUD must give formal acceptance, prior to City entering into a commitment of HOME funds for the subject activity.
6. After project or program approval by County and HUD approval of the Environmental Review, City may enter into a formal written agreement committing the HOME funds. City agrees that any HOME-eligible activities funded through this Agreement shall be confirmed with a written contract that contains the provisions specified in 24 CFR Part 92.504. In addition, any contract made between City and another entity for the use of HOME funds pursuant to this Agreement shall comply with all applicable HOME regulations and shall be enforced by deed restriction, where applicable. The form of the contract and deed restriction shall be approved by County in advance of execution. A copy of all contracts for HOME-funded activities shall be sent to the County.
7. Once the City enters into a formal written agreement for the commitment of HOME fund, the County shall make funds available to the City by setting up the project in HUD’s IDIS financial disbursement system and in the County’s ALCO LINK accounting system. As the County must adhere to HUD’s new project based requirement for the expenditure of HOME funds, the County reserves the right to allocate costs between grant years as required to effectively administer the HOME program.
8. Funds allocated to the City for Administration, as defined by HUD and within the amounts allocated by the County to City each year, are available to the City without the requirement of an application and formal commitment. All other funding expended under this Agreement must follow the procedures outlined in this Agreement.
9. City agrees to abide by uniform administrative requirements stated in 24 CFR Part 92.505.
10. To comply with the HOME regulation that funds be spent within 15 days of disbursement, City shall request reimbursement of expenditures. In the case of a known large expense, City may 3 request, in writing, from the County an advance of the necessary amount of the funds, which will be expended within the time allowed. The amount of each request shall be limited to the amount reasonably anticipated to be needed.
11. Loan repayments, interest or other return on City's investment of HOME funds disbursed through this contract shall be collected by City and transferred to the County within 30 days of receipt.
The County will hold any such funds for additional HOME-eligible activities in City. In the case of homebuyer assistance payments, the City may retain payments for future homebuyer assistance activities funded with HOME funds in accordance with HOME regulations.
12. County and City will cooperate in the preparation of, and will furnish any and all information required for, reports to be prepared as may be required by HOME regulations including but not limited to the Consolidated Plan, the annual performance report and any quarterly reports required by County.
13. Activities and programs under this Agreement shall be governed by the policies and procedures of the HOME Consortium or as directed by the County as lead agency, in order to ensure compliance with all federal laws and regulations.
C. GENERAL REQUIREMENTS
1. City and County shall maintain, on a current basis, complete records, including, but not limited to, contracts, books of original entry, source documents supporting accounting transactions, eligibility and service records as may be applicable, a general ledger, personnel and payroll records, canceled checks and related documents and records to assure proper accounting of funds and performance of this contract in accordance with HOME regulations. To the extent permitted by law, County and City will also permit access to all books, accounts or records of any kind for purposes of audit or investigation, in order to ascertain compliance with the provisions of this contract. Records shall be maintained for a period of five years or in accordance with 24 CFR Part 92.508(c), whichever is longer.
2. City agrees to defend, indemnify and hold harmless County and its Board of Supervisors and the individual members thereof, officers, employees and agents (collectively, “County Indemnitees”) from any and all acts, claims, omissions, liabilities and losses by whoever asserted arising out of acts or omissions of City in the performance of the scope of work except those arising by reason of the sole negligence of County Indemnitee. As a part of this agreement, the City will provide the County with a Certificate of Insurance as outlined in Exhibit B.
3. County agrees to defend, indemnify and hold harmless City and its City Council and individual members thereof, officers, employees and agents (collectively, “City Indemnitees”) from any and all acts, claims, omissions, liabilities and losses by whoever asserted arising out of acts or omissions of County in the performance of the scope of work except those arising by reason of the sole negligence of any City Indemnitee.
4. City shall comply with all applicable laws, regulations, ordinances and codes of Federal, State and local governments, in the performance of this Agreement.
5. City agrees to comply with all requirements, which are now, or which may hereafter be imposed by HUD for the HOME Program, as well as such requirements which are now, or which may be 4 hereafter be imposed by the Alameda County HOME Consortium.
6. City agrees that it will comply with the Americans with Disabilities Act and Title VII of the Civil Rights Acts of 1964, and that no person in the United States shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation or any other non-merit factors be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to City by County pursuant to this contract.
City shall not discriminate by any of the following means:
a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different or is provided in a different form from that provided to others under the program or activity; c. Subject to segregated or separate treatment in any facility in or in any manner or process related to receipt of any service or benefit under the program or activity; d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether that individual satisfies any admission enrollment, eligibility, membership or other requirement or condition which individuals must meet in order to be provided any service or other benefit provided under the program or activity; or f. Deny an opportunity to participate in a program or activity as an employee.
7. City shall comply with Executive Order 13166 to improve access to services for persons with Limited English Proficiency (LEP) including developing a Language Access Plan.
8. If the City withdraws from the Consortium and it becomes a HOME Participating Jurisdiction, at City's request and with HUD approval County shall transfer to City any accounts receivable attributable to the City's allocation of HOME funds, any City allocation of HOME funds, and any Program Income attributable to City's HOME allocation on hand at the time City withdraws from the Consortium. Along with this transfer, City shall assume all obligations and responsibilities attributable to such funds and the County shall be relieved of all such obligations and responsibilities.
9. If City withdraws from the Consortium and does not become a HOME Participating Jurisdiction, County shall retain any accounts receivable attributable to the City's allocation of HOME funds, any City allocation of HOME funds, and any Program Income attributable to City's HOME allocation on hand at the time City withdraws from the Consortium. County shall retain all obligations and responsibilities attributable to such funds.
10. As specified in 24 CFR Part 85.43 breach of this Agreement may result in the suspension or termination of City as a sub-recipient of HOME funds.
11. Any and all notices, writings, correspondences, etc., as required by this Agreement shall be 5 directed to the City and County as follows:
City County
City Manager Housing Director
City of Union City Alameda County HCD
34009 Alvarado-Niles Rd. 224 W. Winton Avenue, Room 108 Union City, CA 94587 Hayward, CA 94544
12. In conjunction with performance of this Agreement, City has been made cognizant of and will comply with all applicable affirmative action anti-discrimination and equal opportunity guidelines and requirements of the federal, state or local government. City will use its best efforts to utilize minority and female enterprises and ensure that minority and female enterprises have equal opportunity to compete for subcontractor work under this contract.
13. This Agreement may be amended only by written agreement of the parties hereto.
COUNTY OF ALAMEDA CITY OF UNION CITY
By By ___________________
President Joan Malloy, City Manager
Alameda County Board of Supervisors
Attest:
By ____________________
Anna M. Brown, City Clerk
Approved as to form: Approved as to form:
Donna R. Ziegler, County Counsel
By By ____________________
Kathleen J. Hall, Kristopher J. Kokotaylo, City Attorney Deputy County Counsel
By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement.
6 EXHIBIT A
AGREEMENT BY AND BETWEEN
THE CITY OF UNION CITY
AND
THE COUNTY OF ALAMEDA
Activity Total HOME $
Administration/Planning Costs $8,476
Program Income (Administration portion) $0
Total Administration Allocation $8,476
FY23/24 Project Funds Available $139,648
Prior Year Program Income (project
portion) $0
Total Project Funds Available $139,648
Project: Tenant-Based Rental Assistance $139,648
Total Project Allocation Utilization $139,648
TOTAL: $148,124
7 EXHIBIT A1
ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT
AND
CITY OF UNION CITY
CFDA number:
■□ HOME 14.239
CFDA Title: HOME Investment Partnership Program (HOME)
Name of Federal Agency: Housing and Community Development Department (HUD) Subrecipient Agency Unique Identifier Number: 021116418 Federal Award Date of award to HCD by HUD:
Federal Award Identification Number: M23-DC-060001
8 EXHIBIT B
COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following insurance coverage, limits and endorsements:
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability
$1,000,000 per occurrence (CSL)
Bodily Injury and Property Damage
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities $1,000,000 per occurrence (CSL)
Any Auto
Bodily Injury and Property Damage
C Workers’ Compensation (WC) and Employers Liability (EL) Required for all contractors with employees
WC: Statutory Limits
EL: $100,000 per accident for bodily injury or disease
D Endorsements and Conditions:
1. ADDITIONAL INSURED: All insurance required above with the exception of Commercial or Business Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers and representatives. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG20 38 04 13.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to the County. The primary and non-contributory endorsement shall be at least as broad as ISO Form 20 01 04 13. Pursuant to the provisions of this Agreement, insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VII or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit. The additional insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.
6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by any one of the following methods:
– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as the ISO Form named above.
– Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured.
7. CANCELLATION OF INSURANCE: All insurance shall be required to provide thirty (30) days advance written notice to the County of cancellation.
8. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The require certificate(s) and endorsements must be sent as set forth in the Notice provision.
Certificate C-1 Page 1 of 1 Form 2001-1 (Rev. 02/26/14)