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HomeMy WebLinkAboutCOW 2008-07-14 Item 4A - Interlocal Agreement - CDBG Block Grant and Home Investment Partnerships (HOME) ,„...ILA,. I y .Z CO UNGIL AGENDA SYNOPSIS Initials ITEM NO. O t I P L,, ttileetirzq Date Prepared G_ y Mayor's review I Council review kl s .vi �:i o I 07/14/08 EB ,4J- 4,J f 07/21/08 EB I V I I L f q, ITEM INFORMATION I CAS NUMBER: 08-084 I ORIGINAL AGENDA DATE: JULY 14, 2008 AGENDA ITENI TITLE Interlocal Agreement regarding Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. CATEGORY Discussion Motion Resolution Ordinance I 1 Bid_Award Public Hearing Other lltg Date 07/14/08 Mtg Date 07/21/08 Mtg Date Mtg Date Mtg Date lltg Date Mtg Date 'SPONSOR I 1 Council Mayor Adm Svcs DCD U Finance n Fire n Legal P&R Police n PIV SPCmis< R'S The Council is being asked to authorize the Mayor to sign the Interlocal Agreement to SUMMARY participate in the CDBG and Home Investment Partnership programs. RI.\'IF\F'I;D BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 06/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Interlocal Agreement COMM I FEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE Ex1I.ND11'URI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: HOUSING AND URBAN DEVELOPMENT Comments: MTG. DATE RECORD OF COUNCIL ACTION 07/14/08 MTG. DATE ATTACHMENTS 07/14/08 Informational memorandum dated 6/23/08 Interlocal Agreement Minutes from the Community Affairs and Parks Committee meeting of 6/23/08 M E M O R A N D U M DATE: JUNE 23, 2008 TO: MAYOR'S OFFICE, CITY COUNCIL CC: C FROM: EVIE BOYKAN, HUMAN SERVICES RE: INTERLOCAL AGREEMENT REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAMS In order to compete for and receive federal Community Development Block Grant funds, we must continue to participate in a formalized interlocal agreement with King County. Technical amendments were made to the agreement regarding the make -up of the Joint Recommendations Committee (JRC) and to comply with Housing And Urban Development requirements to affirmatively further fair housing. The JRC serves as the advisory body that reviews the recommended allocations of federal housing and community development funds, in addition to the Regional Affordable Housing Program (document recording fee funds). Because City Councils authorized the original interlocal agreement, any subsequent amendments must also be authorized by Council. This issue is scheduled for the Community and Parks meeting. The attached agreement is marked Draft, however, there are no expectations of any changes as it goes through King County Council. I'm available to answer questions. 16152 INTERLOCAL COOPERATION AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT is entered into by and between King County (hereinafter the "County and the City of TUKWILA, (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act as amended, will make available to King County Community Development Block Grant funds, hereinafter referred to as "CDBG for expenditure during the 2009 -2011 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development "HUD as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan "Consolidated Plan by participating jurisdictions; and WHEREAS, King County shall undertake CDBG/HOME Program- funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifying entities to carry out such activities; and WHEREAS, King County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certifications King County is required to submit to HUD with the Annual Action Plan are met; and WHEREAS, King County and the participating jurisdictions agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by the National Affordable Housing Act of 1990, as amended, 42 USC 12701 et. seq. and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program, hereinafter referred to as "HOME Program and to cooperate in undertaking HOME Program activities; and Regular CDBG /HOME Interlocal 1 of 10 2009 -2011 16152 WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG and HOME Program funds to ensure benefit for very low to moderate income persons as defined by HUD; and WHEREAS, King County and the participating jurisdictions recognize that needs of very low to moderate income persons may cross jurisdictional boundaries and therefore can be considered regional and sub regional needs as well as local needs; and WHEREAS, King County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Interlocal Cooperation Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to foul' an urban county consortium, "Consortium for planning the distribution and administration of CDBG, HOME Program, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and participating jurisdictions agree to cooperate to undertake, or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate income, through community renewal and lower income housing assistance activities, funded from annual CDBG and HOME Program funds from federal Fiscal Years 2009, 2010 and 2011 appropriations, from recaptured funds allocated in those years, and from any program income generated from the expenditure of such funds. II. GENERAL DISTRIBUTION OF FUNDS The annual distribution of CDBG and HOME Program funds for the King County urban county Consortium shall be governed by the following provisions: A. The amount needed for administration of the Consortium's CDBG, HOME Program and related federal programs that benefit the Consortium shall be reserved by the County. This amount (hereinafter referred to as the "Administrative Setaside is contingent upon review by the Joint Recommendations Committee "JRC as provided in Section IV, and approval by the Metropolitan King County Council, as provided by Section V. To the extent that is reasonable and feasible, the County and the Committee shall strive to ensure that some portion of the allowable 20 percent of CDBG for planning and administration remains available for the purposes outlined in II. D. below. Regular CDBG /HOME Interlocal 2 of 10 2009 2011 16152 B. Five percent of the funds available from the CDBG entitlement and program income shall be reserved for the Housing Stability Program, a public service activity in support of homeless prevention and in support of the affordable housing requirements under the implementation of the state Growth Management Act (RCW Chapter 36.70A). C. Twenty -five percent of the funds available from the CDBG entitlement and program income shall be reserved for the Consortium -wide Housing Repair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. D. The remaining entitlement and program income funds, including any remaining balance of the 20 percent allowable for planning and administration, as well as any recaptured or prior year funds, shall be divided between two sub regions of the county —the north/east sub region and the south sub region. These funds shall be made available on a competitive basis for a variety of eligible activities consistent with the Consolidated Housing and Community Development Plan. 1. The north/east sub region shall include those cities in the north and east and those portions of unincorporated King County that lie north of Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and North Bend, which are at or near the Interstate 90 border, along with their designated potential annexation areas, also shall be included in the north/east sub region. 2. The south sub region shall include those cities south of Interstate 90 and those portions of unincorporated King County that lie south of Interstate 90, except for the cities of Mercer Island, Newcastle, Issaquah, and North Bend and their potential annexation areas, which are part of the north/east sub region. 3. The foiiuula for dividing the funds between the two sub regions shall be based on each sub region's share of the Consortium's low -and moderate income population. III. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the Consolidated Plan. B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part 570, Home Program regulations at 24 CFR Part 92, and all other applicable federal regulations. Regular CDBG /HOME Interlocal 3 of 10 2009 -2011 16152 IV. JOINT RECOMMENDATIONS COMMITTEE An inter jurisdictional Joint Recommendations Committee "JRC shall be established. A. Composition —The JRC shall be composed of three county representatives and eight cities representatives. 1. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those cities signing this interlocal cooperation agreement, two from each sub region. 3. The remaining four cities representatives shall be from cities that qualify to receive CDBG entitlement funds directly from HUD and that are not signing this agreement, but are signing either Joint agreements or HOME Progam -only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions that are parties to this agreement. 4. The chairperson and vice- chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year. Attendance of five members shall constitute a quorum. B. Appointments —The King County Executive shall appoint the three county representatives. The participating cities shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed -upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub region and two from the south sub- region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure of their respective appointing authorities. C. Powers and Duties —The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. Regular CDBG /HOME interlocal 4 of 10 2009 -2011 16152 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME Program funds, including the Administrative Setaside. 3. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME Program funded activities over the three -year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC —In fulfilling its duty to review and recommend projects and programs to be undertaken with the CDBG and HOME Program funds, the JRC shall consider the advice of inter jurisdictional advisory committees. Sub regional advisory committees, made up of one representative from each participating jurisdiction in a sub region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub region. The JRC may also solicit recommendations from other inter jurisdictional housing and community development committee V. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDBG and HOME Program funds has responsibility for and assumes all obligations in the execution of the CDBG and HOME Programs, including final responsibility for selecting and executing activities, and submitting to HUD the Consolidated Plan, Annual Action Plans, and related plans and reports, including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recom- mendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval of the annual CDBG and HOME Program Administrative Setasides and appropriation of all CDBG and HOME Program funds. D. The King County Executive, as administrator of the CDBG and HOME Programs, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the urban county Consortium. County Regular CDBG /HOME Interlocal 5 of 10 2009 2011 16152 Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties in IV. C., above. G. King County Executive staff shall have the authority and responsibility to communicate and consult with participating jurisdictions on CDBG and HOME Program policy and program matters in a timely manner. H. King County Executive staff shall have the authority and responsibility to convene sub regional advisory committees made up of representatives from participating jurisdictions in the sub region, to advise the JRC on the allocation of the sub regional funds. I. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG and HOME Program funded projects and make them available to all participating jurisdictions and the JRC. J. King County Executive staff shall solicit proposals, administer contracts, and provide for technical assistance, both in the development of viable CDBG and HOME Program proposals and in complying with CDBG and HOME Program contractual requirements. K. King County shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment in determining whether an Environmental Impact Statement is required. VI. RESPONSIBILITIES OF THE PARTICIPATING CITIES A. All participating cities shall cooperate in the development of the Consolidated Plan and related plans. B. All participating cities shall assign a staff person to be the primary contact for the County on CDBG/HOME Program issues. The assigned CDBG/HOME Program contact person is responsible for communicating relevant infoiniation to others at the participating city, including any representative the city may choose to send to the sub regional advisory committee, if that representative is not the CDBG/HOME Program contact person. C. At its discretion, a participating city may assign a representative to attend meetings of the sub regional advisory committee. This representative may or may not be the City's CDBG/HOME Program contact person. It may be the CDBG/HOME Program contact person, a different staff member, an elected official, or a citizen. Regular CDBG /HOME Interlocal 6 of 10 2009 -2011 16152 D. If and when a participating city deems necessary or advisable, it may prepare applications for CDBG or HOME Program funds to address the needs of its residents, consistent with the Consolidated Plan. E. Each participating city shall obtain its council's authorization for any CDBG or HOME Program application submitted. F. All participating cities shall carry out CDBG or HOME Program funded projects in a manner that is timely and consistent with contractual requirements. G. All participating cities owning community facilities or other real property acquired or improved in whole or in part with CDBG or HOME Program funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. 1. During the period of the use restriction, the participating cities shall notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG or HOME Program funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the property acquired or improved with CDBG or HOME Program funds is sold or transferred for a use which does not qualify under the applicable regulations, the participating city shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than CDBG or HOME Program funds). VII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS A. All participating jurisdictions shall be considered to be those jurisdictions that have signed this Agreement. B. All participating jurisdiction shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described in Section VIII below. C. Each participating jurisdiction or cooperating unit of general local government certifies that it has adopted and is enforcing: 1. a policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and Regular CDBG /HOME Interlocal 7 of 10 2009 -2011 16152 2. a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non violent civil rights demonstrations within jurisdiction. D. Pursuant to 24 CFR 570.501(b), all participating units of local governments are subject to the same requirements applicable to subrecipients when they receive CDBG funds to implement an activity. The applicable requirements include, but are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work; records and reports; program income; uniform administrative items; other program require- ments; conditions for religious organizations; suspension and termination; and reversion of assets. E. All participating units of local government understand that they may not apply for grants under the federal Small Cities or State CDBG Programs that receive separate entitlements from HUD during the period of participation in this Agreement. F. All units of local government participating in the CDBG urban county consortium through this interlocal cooperation agreement understand that they are also part of the urban county for the HOME Program and that they may not participate in a HOME Program consortium except through the urban county, regardless of whether the urban county receives a HOME foimula allocation. G. All participating units of local government hereby agree to affirmatively further fair housing and to ensure that no CDBG or HOME Program funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impede the County's actions to comply with its fair housing certification. For purposes of this section, "affirmatively furthering fair housing" includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing Action Plan. While King County has the primary responsibility for the development of these reports to HUD pursuant to Section V(A) of this Agreement, upon request, the City shall provide assistance to the County in preparing such reports. H. Participating jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement shall retain full civil and criminal liability as though these funds were locally generated. Participating jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. Regular CDBG /HOME 1nteriocal 8 of 10 2009 -2011 16152 VIII. GENERAL TERMS A. This Agreement shall extend through the 2009, 2010 and 2011 program years, and shall remain in effect until the CDBG funds, Home Program funds and program income received with respect to activities carried out during the three -year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three year qualification periods, unless the County or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by the United States Department of Housing and Urban Development in subsequent Urban County Qualification Notices. King County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds or HOME Program funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall agree to comply with the policies and implementation of the Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. This Agreement shall be executed in three counterparts, each of which shall be deemed an original, by the chief executive officers of the County and the City, pursuant to the authority granted them by their respective governing bodies. One of the signed Agreements shall be filed by the County with the Region X office of HUD, one shall be filed with the City and one shall be filed with the County. Prior to its taking effect, the fully executed Agreement shall be filed with the County Auditor, or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. F. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shall take place when the parties to this Agreement have executed a written amendment to this Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three -year Regular CDBG /HOME Interlocal 9 of 10 2009 -2011 16152 qualification period, and to submit such amendment to the United States Department of Housing and Urban Development. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. G. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based on any provision of this Agreement. KING COUNTY, WASHINGTON CITY OF TUKWILA for King County Executive for City of Tukwila Jackie MacLean Jim Haggerton Printed Name Printed Name Director, Department of Community and Human Services Title Title Date Date Approved as to Form: Approved as to Form: OFFICE OF THE KING COUNTY CITY OF TUKWILA CITY ATTORNEY PROSECUTING ATTORNEY ATTEST: CITY OF TUKWILA Christy O'Flaherty, City Clerk Regular CDBG /HOME Interlocal 10 of 10 2009 -2011 f City of Tukwila N A "s ue t Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 23, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff: Evie Boykan, Ryan Larson, Bob Benedicto, Jack Pace and Kimberly Matej Guest: Nicholas Lee, Westfield Southcenter Mall CALL TO ORDER: Chair Hernandez called the meeting to order at 5:03 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Cooneration Agreement Regarding the Community Develop ment Block Grant and Home Investments Partnership Programs Staff is seeking full Council approval to enter into an interlocal agreement with King County regarding the Community Development Block Grant (CDBG) and Home Investments Partnership (Home) programs. This is an agreement entered into every three years between the City and County which outlines the processes and responsibilities between the City and County regarding Block Grant funds for housing rehabilitation and the Home program which focuses on permanent housing. Participation in the CDBG and Home programs allows the City representative to take part in the process and influence how those funds will be distributed and utilized. UNANIMOUS APPROVAL. FORWARD TO JULY 14 COW FOR DISCUSSION. B. Riverton Creek Flan Gate Removal Project Grant Agreements This item was originally heard in the Utilities Committee on September 5, 2007; however, staff determined that the subject matter fits more appropriately into matters refereed to the Community Affairs and Parks Committee. Staff is seeking approval to enter into grant agreements with the State of Washington Recreation and Conservation Office ($42,000) and the People for Puget Sound ($30,000) for project feasibility and design work funding of the Riverton Creek pipe and flap gate removal. This project will improve fish access to the Creek by removing the pipes and flap gates, providing an open water connection to the river. The grant funding combined with $50,000 from the City will total $122,000 for this portion of the project. Additional grant funding will be required for the construction phase. The Committee requested staff attach the appropriate CIP page regarding this project in the information submitted to full Council. UNANTh'IOUS APPROVAL. FORWARD TO JULY 14 COW. C. Westfield Shoppingtown Mall Development Agreement Second Amendment (Sign Code) Staff is seeking approval for a second amendment to the Westfield Shoppingtown Mall Development Agreement regarding signage (for information on first amendment, see Committee minutes dated August 14, 2007). Westfield has been vested to the provisions of the Tukwila Sign Code in effect on January 1, 2007. As part of Tukwila's Centennial Celebration, temporary signs have been hung on the two parking garages at the Mall. Westfield has requested approval from the City to continue using signage and the