2500 - Rosemead Housing Development Corporation - HOME Funds CITY OF ROSEMEAD AND
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
HOME FUNDS COMMITMENT AGREEMENT
FOR IMPLEMENTATION OF CERTAIN PROGRAMS
THIS HOME FUNDS COMMITMENT AGREEMENT (this "Agreement") is entered
into as of July 25, 2017, by and between the CITY OF ROSEMEAD, a municipal corporation
(hereinafter referred to as the "City"), and ROSEMEAD HOUSING DEVELOPMENT
CORPORATION, a California non-profit corporation (hereinafter referred to as"RHDC").
RECITALS:
A. Pursuant to the HOME Investment Partnerships Act, the Department of Housing
and Urban Development ("HUD") has allocated regular HOME funds to the City for the purpose
of expanding the City's supply of decent, safe, sanitary and affordable housing for low to
moderate-income families.
B. The City receives annual HOME allocation from HUD and desires to commit a
portion of its HOME funds for implementation of certain HOME funded programs providing
affordable housing opportunities.
C. The City desires to commit $173,53 of its FY 2017-18 HOME funds, as well as
approximately $540,000 of carryover funds prior to FY 2017-18 plus all loan payoffs received
during the FY 2017-18 to RHDC and RHDC desires to accept such commitment of funds for the
implementation of the City's Owner-Occupied Rehabilitation Loan Program and Mortgage
Assistance Program(collectively"Programs").
NOW,THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS
Section 1. Purpose of this Agreement
The City and RHDC desire to enter into this Agreement to acknowledge the above
recitals and to provide for the commitment of a portion of its HOME funds by the City to RI IDC
and the acceptance of such commitment by RI IDC.
Section 2. Commitment of Funds
Subject to the terms of this Agreement, the City agrees to provide to RHDC and RHDC
agrees to accept from the City regular HOME funds (totaling $173,53 of its FY 2017-18 HOME
funds, as well as approximately $540,000 of carryover funds prior to FY 2017-18 plus all loan
payoffs received during the FY 2017-18) for the Programs:
• Owner-Occupied Rehabilitation Loan Program (approximately $523,503)
• Mortgage Assistance Program (approximately $190,000)
Section 3. Expenditure of Funds
RHDC agrees to expend the funds received pursuant to Section 2 for the purpose of
increasing, improving, or preserving affordable housing in the City by providing the Programs in
full compliance with the requirements of the HOME Investment Partnerships Act (at Title II of
the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq.)
and HUD Regulations (at 24 CFR Part 92), as now in effect and as may be amended from time to
time, and all other applicable laws and regulations, including without limitation, the Davis-
Rosemead I lousing Development Corporation
DOME Funds Commitment Agreement
Page 2 of 4
Bacon Act (40 U.S.C. 276a-276a-5), the Contract Work Hours and Safety Standards Act (40
U.S. C. 327-332), the Federal requirements set forth in 24 CFR Part 5, Subpart A. applicable
provisions of the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), the Fair
Housing Act (42 U.S.C. 3601 et seq.), E.O. 11063 (3 CFR, 1959-1963 Comp., p 652) and HUD
regulations issued pursuant thereto. RHDC agrees to expend $148,857 by July 31, 2020.
Section 4. Non-liability of Officials and Employees
RHDC covenants and agrees for itself, its successors and assigns that there shall be no
discrimination against or segregation of any person, or group of persons, on account of race,
color, creed, religion, marital status, sex, age, national origin or ancestry in the sale, lease,
sublease, transfer, use occupancy, tenure or enjoyment of the lands, rights-of-way or implements
finance pursuant to this Agreement, nor shall RHDC, or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number use or occupancy of tenants, lessees, subtenants. sublessess, or
vendees of the lands, rights-of-way or improvements. RHDC shall refrain from restricting the
rental, sale, or lease of the lands, rights-of-way or improvements on the basis of race, color,
creed, religion, marital status, age, sex, national origin, or ancestry of any person. All such
deeds, leases or contracts for the sale, lease, sublease or other transfer of the rights —of-way,
lands or improvements shall contain or be subject to substantially the following non-
discrimination or non-segregation clauses:
A. In deeds: "The grantee herein covenants by and for itself, its successors and assigns,
and all persons claiming under or thorough them, that there shall be no discrimination
against or segregation of, any person or group of person on account of race, color,
creed, religion, sex marital status, age, national origin, or ancestry in the sale, lease,
sublease, transfer, use occupancy, tenure or enjoyment of the land herein conveyed,
nor shall the grantee itself or any persons claiming under or through it, establish or
permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees on the land herein conveyed. The foregoing covenants shall
run with the land.'
B. In leases: "The lessee herein covenants by and for itself, its successors and assigns.
and all persons claiming under or through them, and this lease is made and accepted
upon and subject to the following conditions: "[hat there shall be no discrimination
against or segregation of any person or group of persons, on account of race, color,
creed, religion, marital status, age, sex, national origin, or ancestry. in the leasing,
subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein
leased nor shall the lessee itself, or any person claiming under or through it, establish
or permit such practice or practices of discrimination or segregation with reference to
the selection, location number, use or occupancy of tenants, lessees. sublessees,
subtenants, or vendees on the land herein leased."
Section 6. Future Cooperation
The parties hereto agree to take all appropriate steps and execute any documents which
may reasonable be necessary or convenient to implement the intent of this Agreement.
2
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 3 of 4
Section 7. Supersedes Prior Agreement
This Agreement supersedes all prior agreements or understandings between the City and
RHDC regarding the subject matter of this Agreement.
Section S. Records
Each party shall maintain books and records regarding its duties pursuant to this
Agreement. Such books and records shall be available for inspection by the officers and agents
of the other party at all reasonable times.
Section 9. Law Governments
This Agreement is made in the State of California under the constitution and laws of the
State of California, and is to be so construed.
Section 10. Amendments
This Agreement may be amended at any time, and from time to time, by an agreement
executed by both parties to this Agreement.
Section 11. Termination
Either Party may terminate this Agreement with or without cause upon thirty (30) days
prior written notice to the other Party. At such time, CITY shall be entitled to reimbursement for
all unexpended Funds. To this end, RHDC shall maintain records of all of its Eligible Expenses
and the draw-down of the Funds to pay for such expenses. CITY shall have a right to review all
such records upon forty-eight(48) hours prior written notice to RHDC.
IN WITNESS WHEREOF, the CITY and RHDC have executed this Agreement to be
executed by their duly authorized representatives. This Agreement is effective as of July 25,
2017.
CITY OF ROSEMEAD ROSEMEAD HOUSING
DEVELOPMENT CORPORATION
By: / ,' By: —_
Polly Low ,(/ Polly Low
Mayor President
Attest: Attest:
�>,4,
By: 7/j7 .= By: /f r/
Marc Donohue Marc Donohue
City Clerk Secretary
3
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 4 of 4
Approved as to Form: Approved as to Form:
By: �`r OL -i By: Asetc, _
Race Ricsyr
Burke, Wi i..•�s & Sorensen, I P Burke, -I .•ms& Sorensen, LLP
City Attorney Corporation Attorney
4
CITY OF ROSEMEAD AND
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
HOME FUNDS COMMITMENT AGREEMENT
FOR IMPLEMENTATION OF CERTAIN PROGRAMS
THIS HOME FUNDS COMMITMENT AGREEMENT (this "Agreement") is
entered into as of May 10, 2016, by and between the CITY OF ROSEMEAD, a
municipal corporation (hereinafter referred to as the "City"), and ROSEMEAD
HOUSING DEVELOPMENT CORPORATION, a California non-profit corporation
(hereinafter referred to as "RHDC").
RECITALS:
A. Pursuant to the HOME Investment Partnerships Act, the Department of
Housing and Urban Development ("HUD") has allocated regular HOME funds to the City
for the purpose of expanding the City's supply of decent, safe, sanitary and affordable
housing for low to moderate-income families.
B. The City receives annual HOME allocation from HUD and desires to
commit a portion of its HOME funds for implementation of certain HOME funded
programs providing affordable housing opportunities.
C. The City desires to commit $160,919 of its FY 2016-17 HOME funds, as
well as approximately $654,000 of carryover funds prior to FY 2016-17 plus all loan
payoffs received during the FY 2016-17 to RHDC and RHDC desires to accept such
commitment of funds for the implementation of the City's Owner-Occupied
Rehabilitation Loan Program and Mortgage Assistance Program (collectively
"Programs").
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS
Section 1. Purpose of this Agreement
The City and RHDC desire to enter into this Agreement to acknowledge the
above recitals and to provide for the commitment of a portion of its HOME funds by the
City to RHDC and the acceptance of such commitment by RHDC.
Section 2. Commitment of Funds
Subject to the terms of this Agreement, the City agrees to provide to RHDC and
RHDC agrees to accept from the City regular HOME funds (totaling $160,919 of its FY
2016-17 HOME funds, as well as approximately $654,000 of carryover funds prior to FY
2016-17 plus all loan payoffs received during the FY 2016-17) for the Programs:
• Owner-Occupied Rehabilitation Loan Program (approximately $674,919)
• Mortgage Assistance Program (approximately $140,000)
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 2 of 4
Section 3. Expenditure of Funds
RHDC agrees to expend the funds received pursuant to Section 2 for the purpose of
increasing, improving, or preserving affordable housing in the City by providing the
Programs in full compliance with the requirements of the HOME Investment
Partnerships Act (at Title II of the Cranston-Gonzalez National Affordable Housing Act,
as amended, 42 U.S.C. 12701 et seq.) and HUD Regulations (at 24 CFR Part 92), as
now in effect and as may be amended from time to time, and all other applicable laws
and regulations, including without limitation, the Davis-Bacon Act (40 U.S.C. 276a-276a-
5), the Contract Work Hours and Safety Standards Act (40 U.S. C. 327-332), the
Federal requirements set forth in 24 CFR Part 5, Subpart A, applicable provisions of the
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), the Fair Housing Act
(42 U.S.C. 3601 et seq.), E.O. 11063 (3 CFR, 1959-1963 Comp., p 652) and HUD
regulations issued pursuant thereto. RHDC agrees to expend $148,857 by July 31,
2020.
Section 4. Non-liability of Officials and Employees
RHDC covenants and agrees for itself, its successors and assigns that there
shall be no discrimination against or segregation of any person, or group of persons, on
account of race, color, creed, religion, marital status, sex, age, national origin or
ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of
the lands, rights-of-way or implements finance pursuant to this Agreement, nor shall
RHDC, or any person claiming under or through it, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of
the lands, rights-of-way or improvements. RHDC shall refrain from restricting the rental,
sale, or lease of the lands, rights-of-way or improvements on the basis of race, color,
creed, religion, marital status, age, sex, national origin, or ancestry of any person. All
such deeds, leases or contracts for the sale, lease, sublease or other transfer of the
rights —of-way, lands or improvements shall contain or be subject to substantially the
following non-discrimination or non-segregation clauses:
A. In deeds: The grantee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or thorough them, that there shall be
no discrimination against or segregation of, any person or group of person on
account of race, color, creed, religion, sex marital status, age, national origin,
or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee itself or any
persons claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees on the land herein conveyed. The foregoing
covenants shall run with the land."
7
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 3 of 4
B. In leases: "The lessee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, and this lease is
made and accepted upon and subject to the following conditions: That there
shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, marital status, age, sex,
national origin, or ancestry, in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the land herein leased nor shall the lessee
itself, or any person claiming under or through it, establish or permit such
practice or practices of discrimination or segregation with reference to the
selection, location number, use or occupancy of tenants, lessees, sublessees,
subtenants, or vendees on the land herein leased."
Section 6. Future Cooperation
The parties hereto agree to take all appropriate steps and execute any
documents which may reasonable be necessary or convenient to implement the intent
of this Agreement.
Section 7. Supersedes Prior Agreement
This Agreement supersedes all prior agreements or understandings between the
City and RHDC regarding the subject matter of this Agreement.
Section 8. Records
Each party shall maintain books and records regarding its duties pursuant to this
Agreement. Such books and records shall be available for inspection by the officers
and agents of the other party at all reasonable times.
Section 9. Law Governments
This Agreement is made in the State of California under the constitution and laws
of the State of California, and is to be so construed.
Section 10. Amendments
This Agreement may be amended at any time, and from time to time, by an
agreement executed by both parties to this Agreement.
Section 11. Termination
Either Party may terminate this Agreement with or without cause upon thirty (30)
days prior written notice to the other Party. At such time, CITY shall be entitled to
reimbursement for all unexpended Funds. To this end, RHDC shall maintain records of
all of its Eligible Expenses and the draw-down of the Funds to pay for such expenses.
CITY shall have a right to review all such records upon forty-eight (48) hours prior
written notice to RHDC.
3
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 4 of 4
IN WITNESS WHEREOF, the CITY and RHDC have executed this Agreement to
be executed by their duly authorized representatives. This Agreement is effective as of
July 1, 2016.
CITY OF ROSEMEAD ROSEMEAD HOUSING
DEVELOPMENT CORPORATION BY: K1 � '/
Sandra Armenta / Sandra Armenta
Mayor President
Attest: Attest:
By: By:
Ericka Hernandez Ericka Hernandez
Interim City Clerk Interim Secretary
Approved as to Form: Approved as to Form:
By: ( m/ By: . t. _ ��
ache) Richman Rachel Richman
Burke, Williams & Sorensen, LLP Burke, Williams & Sorensen, LLP
City Attorney Corporation Attorney
4
0 0
ROSEMEAD HOUSING
DEVELOPMENT CORPORATION
STAFF REPORT
TO: THE HONORABLE PRESIDENT AND DIRECTORS
FROM: JEFF ALLRED, EXECUTIVE DIRECTOqfi
DATE: JUNE 23, 2009
SUBJECT: REVIEW AND APPROVAL OF CONTRACT WITH CITY OF ROSEMEAD
FOR IMPLEMENTATION OF CERTAIN HOME FUNDED PROGRAMS
SUMMARY
The City is required to commit its HOME funds for particular affordable housing
activities within 24 months after HUD's appropriation of the entitlement allocation. To
comply with this requirement, the City desires to contract with the Rosemead Housing
Development Corporation (RHDC) to administer certain HOME funded programs.
Staff Recommendation
Staff recommends that the Board take the following actions:
1. Approve a contract with the City of Rosemead for the implementation of:
• Owner - Occupied Rehabilitation Loan Program, and
• Mortgage Assistance Program; and
2. Authorize the Mayor to execute the contract on behalf of the City.
ANALYSIS
The City of Rosemead is required to commit 90% of its annual HOME allocations for
particular affordable housing activities within 24 months after HUD's appropriation of the
entitlement allocation.
The City desires to contract with RHDC to administer the HOME funded Owner -
Occupied Rehabilitation Loan Program and Mortgage Assistance Program. By
contracting with RHDC for the implementation of these programs, the City's HOME
funds would be committed and the City would avoid the risk of losing any funds. The
programs would still be implemented by City staff.
LEGAL REVIEW
The attached Contract has been reviewed and approved by the RHDC Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ITEM NO. _2
APPROVED FOR CITY COUNCIL AGENDA:
•
City Council Report
June 23, 2009
Page 2 of 2
Prepared by:
Michelle G. Ramirez
Economic Development ministrator
S
City Manager
Attachment A — Proposed Contract
it
•
0
0
CITY OF ROSEMEAD AND
ROSEMEAD HOUSING DEVELOPMENT CORPORATION
HOME FUNDS COMMITMENT AGREEMENT
FOR IMPLEMENTATION OF CERTAIN PROGRAMS
THIS HOME FUNDS COMMITMENT AGREEMENT (this "Agreement ") is
entered into as of June 26, 2009, by and between the CITY OF ROSEMEAD, a
municipal corporation (hereinafter referred to as the "City "), and ROSEMEAD
HOUSING DEVELOPMENT CORPORATION, a California non - profit corporation
(hereinafter referred to as "RHDC ").
RECITALS:
A. Pursuant to the HOME Investment Partnerships Act, the Department. of
Housing and Urban Development ( "HUD ") has allocated regular HOME funds to the City
for the purpose of expanding the City's supply of decent, safe, sanitary and affordable
housing for low to moderate - income families.
B. The City receives annual HOME allocation from HUD and desires to
commit a portion of its HOME funds for implementation of certain HOME funded
programs providing affordable housing opportunities.
C. The City desires to commit $1,294,932 of its HOME funds, as well as any
carryover funds prior to FY 2008 -09, to RHDC and RHDC desires to accept such
commitment of funds for the implementation of the City's Owner- Occupied
Rehabilitation Loan Program and Mortgage Assistance Program (collectively
"Programs ") in conformance with HUD rule 24 CFR Part 92.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS
Section 1. Purpose of this Agreement
The City and RHDC desire to enter into this Agreement to acknowledge the
above recitals and to provide for the commitment of a portion of its HOME funds by the
City to RHDC and the acceptance of such commitment by RHDC consistent with HUD
rule 24 CFR Part 92.
Section 2. Commitment of Funds
Under HUD guidelines and subject to the terms of this Agreement, the City
agrees to provide to RHDC and RHDC agrees to accept from the City regular HOME
funds, totaling $1,294,932, as well as any carryover funds prior to FY 2008 -09, for the
following HUD compliant Programs:
• Owner- Occupied Rehabilitation Loan Program
• Mortgage Assistance Program
0 1
Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 2 of 5
Section 3. Expenditure of Funds
A. RHDC agrees to expend the funds received pursuant to Section 2 for the
purpose of increasing, improving, or preserving affordable housing in the City by
providing the Programs in full compliance with the requirements of the HOME
Investment Partnerships Act (at Title II of the Cranston - Gonzalez National Affordable
Housing Act, as amended, 42 U.S.C. 12701 et seq.) and HUD Regulations (at 24 CFR
Part 92), as now in effect and as may be amended from time to time, and all other
applicable laws and regulations, including without limitation, the Davis -Bacon Act (40
U.S.C. 276a- 276a -5), the Contract Work, Hours and Safety Standards Act (40 U.S. C.
327 -332), the Federal requirements set forth in 24 CFR Part 5, Subpart A, applicable
provisions of the Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d- 2000d -4), the
Fair Housing Act (42 U.S.C. 3601 et seq.), E.O. 11063 (3 CFR, 1959 -1963 Comp., p
652) and HUD regulations issued pursuant thereto. RHDC agrees to expend at least
the stated amount of funds for the above listed programs by the following dates:
$324,453
by July 31, 2010
$237,334
by July 31, 2011
$347,305
by July 31, 2013
$385,840
by July 31, 2014
B. RHDC shall maintain and, at reasonable times and places, make available
to the City such records, accounts, including property, personnel, and financial records,
the City and /or State and Federal agencies deem necessary to assure a proper
accounting for all HOME Program Funds.
Section 4. Enforcement of the Agreement
A. RHDC shall provide a means of enforcement of the affordable housing
requirements that may include liens on real property, deed restrictions or covenants
running with the land.
B. Repayment of HOME funds must be made in full if the housing does not
meet the affordability requirements for the specified time period.
Section 5. Indemnification and Hold Harmless
RHDC agrees to indemnify, defend and hold harmless City, its officers, officials,
employees and agents ( "City ") from and against, any and all liabilities, claims, actions,
causes of action, proceedings, suits, damages, judgments, liens, levies, costs and
expenses of whatever nature, including reasonable attorneys' fees and disbursements
(collectively, "Claims "), which City may suffer or incur or to which City may become
subject by reason of or arising out of any injury to or death of any person(s), damage to
property, loss of use of property, economic loss or otherwise occurring as a result of any
negligent or willfully wrongful acts or omissions of RHDC, its officers, employees,
agents, or subcontractors committed arising under this Agreement.
2
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Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 3 of 5
Section 6. Non - Discrimination
RHDC covenants and agrees for itself, its successors and assigns that there
shall be no discrimination against or segregation of any person, or group of persons, on
account of race, color, creed, religion, marital status, sex, age, national origin or
ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or enjoyment of
the lands, rights -of -way or implements finance pursuant to this Agreement, nor shall
RHDC, or any person claiming under or through it, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location,
number use or occupancy of tenants, lessees, subtenants, sublessess, or vendees of
the lands, rights -of -way or improvements. RHDC shall refrain from restricting the rental,
sale, or lease of the lands, rights -of -way or improvements on the basis of race, color,
creed, religion, marital status, age, sex, national origin, or ancestry of any person. All
such deeds, leases or contracts for the sale, lease, sublease or other transfer of the
rights —of -way, lands or improvements shall contain or be subject to substantially the
following non - discrimination or non - segregation clauses:
A. In deeds: 'The grantee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or thorough them, that there shall be
no discrimination against or segregation of, any person or group of person on
account of race, color, creed, religion, sex marital status, age, national origin,
or ancestry in the sale, lease, sublease, transfer, use occupancy, tenure or
enjoyment of the land herein conveyed, nor shall the grantee itself or,any
persons claiming under or through it, establish or permit any such practice or
practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees on the land herein conveyed. The foregoing
covenants shall run with the land."
B. In leases: "The lessee herein covenants by and for itself, its successors and
assigns, and all persons claiming under or through them, and this lease is
made and accepted upon and subject to the following conditions: That there
shall be no discrimination against or segregation of any person or group of
persons, on account of race, color, creed, religion, marital status, age, sex,
national origin, or ancestry, in the leasing, subleasing, transferring, use,
occupancy, tenure or enjoyment of the land herein leased nor shall the lessee
itself, or any person claiming under or through it, establish or permit such
practice or practices of discrimination or segregation with reference to the
selection, location number, use or occupancy of tenants, lessees, sublessees,
subtenants, or vendees on the land herein leased."
3
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Rosemead Housing Development Corporation
HOME Funds Commitment Agreement
Page 4 of 5
Section 7. Termination and Reimbursement of Unexpended Funds
Either Party may terminate this Agreement with or without cause upon thirty (30)
days prior written notice to the other Party. At such time, City shall be entitled to
reimbursement for all unexpended Funds. To this end, RHDC shall maintain records of
all of its Eligible Expenses and the draw -down of the Funds to pay for such expenses.
City shall have a right to review all such records. RHDC shall be required to reimburse
the City for the use of funds that are not Eligible Expenses pursuant to Title 24 CFR
Part 92.
Section 8. Future Cooperation
The parties hereto agree to take all appropriate steps and execute any
documents which may reasonable be necessary or convenient to implement the intent
of this Agreement.
Section 9. Term
The term of this Agreement shall be from the date of execution until July 31,
2014, unless amended by written agreement of the parties or terminated as provided in
this Agreement
Section 10. Supersedes Prior Agreement
This Agreement supersedes all prior agreements or understandings between the
City and RHDC regarding the subject matter of this Agreement.
Section 11. Records
Each party shall maintain books and records regarding its duties pursuant to this
Agreement. Such books and records shall be available for inspection by the officers
and agents of the other party at all reasonable times.
Section 12. Law
This Agreement is made in the State of California under the constitution and laws
of the State of California, and is to be so construed.
Section 13. Amendments
This Agreement may be amended at any time, and from time to time, by written
agreement executed by both parties to this Agreement.
E
Rosemead Housing Developm•Corporation •
HOME Funds Commitment Agreement
Page 5 of 5
IN WITNESS WHEREOF, the CITY and RHDC have executed this Agreement
on June 26, 2009.
CITY OF ROSEMEAD
BY:
MargafZt Clark
Mayor
Attest:
B)C AN "A C - 01104'
Gloria Molleda
City Clerk
Approved as to Form:
VA9�
Burke, Williams & Sorensen, LLP
City Attorney
ROSEMEAD HOUSING
DEVELOPMENT CORPORATION
BY: / / / ���
Margaret lark
President
Attest:
By: &=rn
Gloria Molleda
Secretary
Approved as to Form:
By:
Joe ontes
Burke, Williams & Sorensen, LLP
Corporation Attorney
0 0
C+,f cites c •
CITY OF ROSEMEAD, 2005 -2006 ANNUAL CAPER REPORT
CDBG AND HOME PROGRAMS
The CPMP First Consolidated Annual Performance and Evaluation Report (CAPER)
includes narrative responses to CAPER questions that recipients of Community
Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME)
Grantees must respond to each year as part of the year end close out of the Consolidated
Plan.
NARRATIVE STATEMENT
The Consolidated Plan CAPER report is a summary of the progress toward meeting the
goals and objectives that were outlined in the Consolidated Plan (CP) and its Annual Action
Plans. This report addresses the period of July 1, 2005 through June 30, 2006. The
Annual Action Plan was submitted to the Department of Housing and Urban Development
(HUD) in May 2005.
The Consolidated Plan and its Action Plans: 1) identify needs and problems; 2) analyze
market conditions and resources; 3) set priorities and adopt strategies for addressing
identified activities and goals for programs in the coming fiscal year.
ASSESSMENT OF FIVE -YEAR GOALS AND OBJECTIVES
In Fiscal Year 2005 -2006, The City received $1,320,401 in CDBG funds and $546,809 in
HOME funds. The following table outlines the Action Plan objectives and shows how the
activities undertaken in FY 2005 -2006 support the objectives of the community:
First Program Year CAPER
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LEVERAGING RESOURCES
U
Other Public and Private Resources to address needs identified in the plan for FY 2005-
2006 (figures are rounded) are:
Program, -
CDBG
"Other Sources
T-- Z P
TALS
Res. Rehabilitation
174,459
12,950
187,409
Rebates, grants,
loans
Family Counseling
36,876
2,215
39,091
TOTAL
211,335
15,165
226,500
MANAGING THE PROCESS
The City of Rosemead has organized Community Development to be responsible for the
planning, development and implementation of its Community Development Block Grant
(CDBG) and HOME programs.
Community Development, in addition to the above grant administration, administers a
Department of Justice Grant and a Redevelopment Agency funded Commercial
Rehabilitation program.
Collectively, these funds provide the following programs:
• Residential Rehabilitation Program
• Commercial Rehabilitation and Economic Development Loan Program
• HOME Development Program
• Public Service Agency Program
• Mortgage Assistance Program
• CDBG Capital Improvement Program
Funds are also used for specific community development projects including Code
Enforcement, ADA improvements, lead testing and remediation, assistance to the
homeless and to battered women.
First Program Year CAPER 6 Version 1.2
CITIZEN PARTICIPATION
The City published its Notice regarding CAPER on September 15, 2006.
Previous public comments regarding the program were included in the City's 2005 -2006
Annual Action Plan.
INSTITUTIONAL STRUCTURE
OVERCOMING GAPS IN INSTITUTIONAL STRUCTURES
In order to eliminate gaps in institutional structures and to enhance coordination, the City
remains actively involved with outside agencies and regional governmental entities,
especially in the area of economic development. In FY 2005 -2006, the City was an active
member of the following intergovernmental organizations: San Gabriel Valley Commerce
and Cities Consortium; San Gabriel Council of Governments; the Southern California
Association of Governments; California League of Cities; Contract Cities.
In the area of economic development, the City works with and /or is a participating entity
with the following: 1) the Regional Business Assistance Network, 2) the Chamber of
Commerce, 3) the San Gabriel Valley Community Development Corporation.
In the area of homelessness, the City participates with the Los Angeles Homeless Services
Authority (LAHSA) for SPA 3 and with the East San Gabriel Homeless Coalition, as part of
the regional Continuum of Care.
MONITORING
The City of Rosemead ensures compliance with programming and planning requirements
in a number of ways, including performance monitoring, financial monitoring, Davis -Bacon
compliance and Environmental Review Compliance.
For subrecipients, the City has a subrecipient agreement that is used to measure agency
compliance. Monitoring includes on -site visits, interviews, telephone contacts and reports.
The City of Rosemead conducted on -site visits and follow -up with each of its public service
agencies in FY 2005 -2006. The City of Rosemead received a HUD Best Practice award in
1998 for its monitoring program for subrecipients (PSA's).
The City operates in accordance with the monitoring plan developed for CDBG and HOME
programs, including an annual single audit in conformance with OMB Circular A -133.
There were no findings pertaining to the CDBG and HOME program in the audit for FY
2004 -2005. The audit for FY 2005 -2006 is currently in progress.
First Program Year CAPER 7 Version 1.2
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In addition, the City's CDBG and HOME programs were monitored by the U.S. Department
of Housing and Urban Development (HUD) in August 2004. The monitoring included
CDBG eligibility, compliance with National Objectives, Program progress, Cost allowability,
Subrecipients and contracts, overall management systems, HOME program review, Citizen
Participation, environmental assessment, Lead Based Paint abatement. There were no
findings.
All project costs are paid on a reimbursement basis, rather than paid in advance. A
request for reimbursement must have appropriate documentation attached to verify all
expenditures. A current report of program activities for PSA's also accompanies each draw
down request. These materials provide the data necessary to input data into the IDIS
system. Collecting this data during the program year is helpful in reviewing performance
goals on an on -going basis and in compiling year -end reports.
All applicable CDBG and HOME program projects are monitored regarding their
conformance with Davis -Bacon requirements. In addition, the City checks with the state
board to ensure all contractors selected are licensed. The debarred list from HUD's home
page is also used.
Performance is tracked and reported as stated above. Any discrepancies are addressed
with the appropriate entities. Records on performance are kept in the project file.
Each budgeted project is first reviewed for compliance with the National Environmental
Protection Agency regulations (NEPA). California Environmental Quality Act (CEQA)
regulations may also apply. Projects that are community service in nature are exempt from
NEPA. In FY 2005 -2006, the City completed environmental reviews for its infrastructure
projects, as well as for ongoing programs such as code enforcement, residential
rehabilitation. and others.
LEAD BASED PAINT
EVALUATE AND REDUCE LEAD BASED PAINT HAZARDS
The City is currently operating an education program with clients served under CDBG
rehabilitation programs. The program includes informing clients of the dangers of lead -
based paint and of the possibility that their home may contain lead -based paint.
In FY 1997 -1998, the City began using new pamphlets in a variety of languages in order to
reach broader representation. All contractors in all programs are prohibited from using
lead -based paint in their work. Staff received HUD training in the September2000 lead rule
and also in safe work practices. The City implemented its lead testing and Lead
remediation programs in FY 2001 -2002. 18 homes were tested for lead -based paint in FY
2005 -2006. Of that number, 12 had lead paint that required remediation. The City has
First Program Year CAPER 8 Version 1.2
remediated a total of 39 homes since 2001 -2002.
IiOUSINGs r 777 ; , _:
z•,
AFFIRMATIVELY FURTHERING FAIR HOUSING
As a recipient of Community Development Block Grant (CDBG) funds, the City of
Rosemead is required to develop a fair housing program with specific actions and
procedures which will have an impact on preventing, reducing or eliminating housing
discrimination and other barriers to equal housing choice based on race, color, religion,
sex, national origin, ancestry, familial status or physical or mental handicap.
As part of this requirement, the City undertook a study to analyze impediments to fair
housing which exist in the City of Rosemead. Impediments are defined as:
• Any actions, omissions, or decisions taken because of race, color, religion, sex,
disability, familial status or national origin which restrict housing choices or the
availability of housing choices; or
■ Any actions, omissions, or decisions which have the effect of restricting housing
choices or the availability of housing choices on the basis of race, color, religion,
sex, disability, familial status or national origin.
Based on the conclusions of the impediment study, if the CDBG grantee takes lawful steps
to eliminate identified impediments to fair housing choice within its jurisdiction, the grantee
will be determined to have taken affirmative actions to further fair housing.
The results of the City's Analysis of Impediments (AI) showed the following:
• The City has racially and ethnically segregated housing patterns;
• Low income whites have broader geographic distribution than do low income
minorities;
• An audit of ten (10) apartment complexes and four (4) sales demonstrated that
minorities and children when seeking housing in Rosemead may face differential
treatment 40% of the time;
• There is a need for more affordable housing in Rosemead.
There were no reported issues for individuals /families with disabilities.
As a result of the AI, the City adopted the following actions to carry out recommendations
First Program Year CAPER 9 Version 1.2
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of the report:
• Encourage the development of housing through the Rosemead Housing
Development Corporation;
• Revise the Housing Element to contain policies and programs specific to fair
housing goals and objectives;
■ Asa prerequisite for any recipient receiving locally administered housing assistance
funds, recipients will acknowledge their understanding of fair housing law and affirm
their commitment to the law;
• Require evidence from builders that the Open Housing Policy is being observed by
periodically reviewing affirmative marketing goals and implementation;
• Continue and expand fair housing outreach through periodic seminars and
workshops;
• Continue the regular fair housing audits of the City so that the City has a good
understanding of the extent of housing discrimination and can measure the success
of existing fair housing efforts and develop new strategies where necessary;
• Assist state and federal fair housing enforcement agencies by investigating and
testing fair housing complaints.
In FY 2005 -2006, the City implemented the following actions to support these activities:
First Program Year CAPER 10 Version 1.2
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FAIR HOUSING RECOMMENDED ACTIONS AND ACTIVITIES UNDERTAKEN
Recommended Actions
Activity
Encourage housing development
City and RCC along with RHDC completed 72
units of senior rental housing. Project fully
occupied in 2004 -2005. Staff inspected units in
2005 -2006 for ongoing compliance with HOME
requirements.
Revise Housing Element
Housing Element was updated in November 2000
and includes a section on policies and programs
under Fair Housing. Fair housing policies
continued in Housing Element update of 2000.
Housing Element approved by the State
Understanding of Fair Housing Law
Contracts for rehabilitation and applicable
covenants were revised in January 1997 to
enforce understanding of fair housing law. Fair
Housing held workshops and distributed literature
for outreach in FY 2005 -2006
Fair Housing Audits
The Fair Housing Council conducted testing as
part of the 2005 Al and follows up on
discrimination complaints with audits /testing
Federal Fair Housing Enforcement
The City contracts with the Housing Rights Center
to provide these services. In FY 2005 -2006, there
were 6 discrimination inquiries. 15 discrimination
cases were opened. 6 were counseled.
Analysis of Impediments
In FY 2005 -2006, the City contracted with Housing
Rights Center to complete its updated Al as part
of its 2005 -2010 Consolidated Plan. The Al is
complete and results are mentioned above.
The City's provider gave landlord /tenant information and provided other fair housing
services to 208 persons in FY 2005 -2006, of which 96 were extremely low income.
Approximately 111 were Hispanic, 17 were American Indian or Alaskan, 11 were American
Indian /Alaskan and Black, 71 were American Indian /Alaskan and White, 47 were Asian, 0
was Asian and White, 18 were Other, 1 was Pacific Islander, 38 were White and 5 were
Black/African- American.
First Program Year CAPER 11 Version 1.2
E
AFFORDABLE HOUSING
The following table represents a comparison of accomplishments with proposed goals for
providing affordable housing, including the number of extremely low -, low- income and
moderate - income households that were assisted during the reporting period.
GOALS FOR AFFORDABLE
ACCOMPLISHMENTS .
TYPES OF
HOUSING
2005 -2006
'HOUSEHOLDS
SERVED .
Construct 72 units of senior housing
Construction complete
Seniors below 60%
of median income
Create non -CDBG funded First Time
Ongoing program. Non-
80% - 120% of
Home Buyer Program. Funded
CDBG. Closed escrow
median income
through Community Development
on 0 properties
Commission
Create HOME - funded Mortgage
Program created.
0 -80% of median
Assistance Program
Closed escrow. on 0
(Low to Moderate)
properties
Operate Residential Rehabilitation
14 grants, 5 emergency
13 extremely low
Program
grants and 2 deferred
income, 8 at very
loan, 2 Rebates
low income and 2
at low income
Continue support for Section 8
Ongoing contract for
75% at up to 30%
housing
Section 8 services with
of median income
LACDC
and 25% at up to
50% of median
SECTION 215: The City of Rosemead assisted in the creation of 0 home ownership units.
No new homeowners in 2005 -2006, due to high housing market prices.
"WORST -CASE NEEDS" Worst case housing needs are defined as low- income renter
households who pay more than half their income for rent, live in seriously substandard
housing (which included homeless people) or have been involuntarily displaced. The City
of Rosemead served the worst -case needs in FY 2005 -2006 by providing the following:
More than 50% of rent: Contracted with County for Section 8 assistance; People for People
(non -CDBG funded) provided assistance with food and clothing for families.
Substandard Housing: Contracted with County for Section 8 assistance; provided
residential rehabilitation program (see table above).
First Program Year CAPER 12 Version 1.2
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Involuntarily Displaced: There was no City involuntary displacement; contracted with
County for Section 8 assistance.
It should be noted that many other service providers within the City who do not receive
CDBG funds provide assistance to households with high rent burdens, living in
substandard conditions (including homeless) or who have been involuntarily displaced.
The City of Rosemead offers rehabilitation assistance to owner - occupied single family
units. Grants, emergency grants and deferred loans are available to handicapped
households. Eligible improvements include retrofit activities. In FY 2005 -2006, the City of
Rosemead served 8 handicapped /disabled households through its Residential
Rehabilitation Program.
PUBLIC HOUSING STRATEGY
There is no public housing in the City of Rosemead. This section does not apply. The
City contracts with the County of Los Angeles for Section 8 assistance.
BARRIERS TO AFFFORDABLE HOUSING
ACTIONS TO ELIMINATE BARRIERS TO AFFORDABLE HOUSING
There were no major policy changes undertaken in FY 2005 -2006. In 1996, the City
undertook the following actions to eliminate barriers to affordable and fair housing:
• The City updated the Housing Element to include:
1) flag lot subdivisions,
2) density bonus lots,
3) added a planned development ordinance which permits lot areas and yards less
than those allowed in regular residential zones,
4) a "mansionization" ordinance for units over 2,500 sq. ft. of livable space in order
to maximize land use,
5) an ordinance allowing for residential mixed use.
• The City updated its Housing Element in 2000 to continue these and to look at
adding a HOME - funded First Time Home Buyer program for people below 80% of
median income. The City's Housing Element was approved by the State of
First Program Year CAPER 13 Version 1.2
W •
California. The City adopted and implemented a HOME - funded First Time Home
Buyer program in 2001 -2002. Since that time, the City has closed 5 HOME - funded
loans. The City began a General Plan Amendment in 2003 -2004 and continuing
into 2005 -2006 aimed at updating zoning to implement the affordable housing and
economic development goals of the Housing Element and Consolidated Plan.
In FY 1998 -1999, the Rosemead Community Development Commission
implemented a First Time Home Buyer program to be funded through the Agency's
20% Housing Set Aside fund. As of the end of FY 2005 -2006, the Agency had
closed 0 escrows. Over the period of the 2000 -2005 Consolidated Plan, the RCDC
has closed 7 loans. 11 loans have closed since program inception.
HOME /AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADDI)
The City does not receive ADDI funds. This section does not apply to the City of
Rosemead.
HOME NARRATIVE STATEMENT
HOME funding was programmed to administrative expense, CHDO set - aside, Mortgage
Assistance to new homebuyers and construction of new affordable housing. As noted
earlier, market prices and rising interest rates have combined to stall the City's HOME -
funded Mortgage Assistance Program, as well as its RDA funded Home Buyer Program.
The City, in June 2006 revised the program to increase the amount of trust deed
assistance, increase the affordability period, increase the recapture of HOME funds used
for downpayment assistance. In FY 2006 -2007, the City will request an increase in the
maximum allowable purchase price from HUD.
MBENVBE OUTREACH
The City has conducted outreach for both minority and women home ownership, as well as
to minority business and women -owned business enterprises (MBENVBE). In addition, the
City's contractor has a subcontract with a woman -owned business for provision of CDBG
and HOME services.
The City has also conducted outreach to all Fannie Mae Community lenders and to all Real
Estate financing entities in the Rosemead area.
The City held a Home Ownership Fair on Saturday, June 17, 2006 and invited local lenders
and MBENVBE firms, as well as conducted outreach through the City's non - profit
organizations and through the School District.
First Program Year CAPER 14 Version 1.2
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HOME MATCH REPORT
City has excess match from land acquisition and is a 0 match community.
SURPLUS FROM URBAN RENEWAL GRANTS, GRANT FUNDS RETURNED TO LINE
OF CREDIT, INCOME FROM FLOAT - FUNDED ACTIVITIES
The City does not have Urban Renewal Grants, no funds have been returned to the line of
credit and there are currently no float- funded activities.
OTHER FORMS OF INVESTMENT
The City of Rosemead does not use atypical loans or grant instruments of non - conforming
loan guarantees.
HOME RECAPTURE PROVISIONS IN MORTGAGE ASSISTANCE PROGRAM
HOME regulations at 24 CFR 92.254, Section (B) (ii) require that the participating
jurisdiction "recoups all or a portion of the HOME assistance to the home buyers if the
housing does not continue to be the principal residence of the family for the duration of the
period of affordability." In accordance with this requirement, the City requires the
repayment of HOME funds during the 15 year affordability period, along with a declining
interest rate penalty and a pro -rata equity share provision. At the end of the mortgage
period, only HOME funds invested must be repaid.
INSPECTION RESULTS
The City has completed two (2) HOME - funded rental projects: Garvey Senior Apartments
and Los Girasoles. As part of the City's ongoing monitoring requirements, both projects
must supply annual rental verifications and the City conducts an annual habitability
inspection. The City's annual rental verification reviews and inspections for both projects
were completed October 20, 2005. The following findings were noted: expired batteries in
smoke alarms. Correction were made by November 17, 2005.
CONTINUUM OF CARE NARRATIVE
The City is a member of the Continuum of Care and provided demographic and other
materials to the Continuum during the Super NOFA process. The City is also a member of
the San Gabriel Valley Homeless Consortium. There were no new Federal resources
obtained during the year from the Continuum of Care SuperNOFA by the City. The City of
Rosemead is not eligible for Emergency Shelter Grant (ESG) funds.
First Program Year CAPER 15 Version 1.2
0 •
The City works with public agencies and others to ensure that citizens who come into the
City looking for services are referred to those who can assist them. In addition, the City
provides funding to People for People who provide services to the homeless and to those
at -risk of homelessness, as well as to Wings, which provides services to battered women
and children including shelter for those who would otherwise be homeless.
Homelessness
The following activities were undertaken to address priority needs of homeless individuals
and families:
• Worked with the Rosemead Community Development Commission and the Housing
Development Corporation in the planning process for construction of 72 units of
affordable housing. The units were completed in FY 2005 -2006 and were fully
occupied as of March 2004.
• Worked with the Los Angeles Community Development Commission and the East L.A.
Community Corporation in the development of 14 units of affordable family rental
housing.
• Continued to work with the Los Angeles Community Development Commission
(LACDC) to provide needed affordable housing in the area of Section 8 Vouchers.
• Updated its resource listing in order to improve its working relationship with agencies
and to continue to identify partners in the Continuum of Care.
• Participated in the Continuum of Care's service update during the SuperNOFA process.
• Participated with the San Gabriel Valley Homeless Consortium.
• Provided funding to People for People, a non - profit provider located in San Gabriel,
who provides assistance to the homeless and to those at -risk of homelessness in the
City of Rosemead.
• Provided funding to Wings, a non - profit provider who provides assistance to homeless
battered women and children in the City of Rosemead.
Unsheltered Homeless Count
In April 2005, City staff conducted an unsheltered homeless count. This count was an
update of the City's 2004 unsheltered homeless count. Surveys consisted of visual
inspection of sites and interviews with persons encountered at sites. The count was
conducted by the Grants Coordinator with assistance from the Sheriffs Department. Sites
were identified by a coalition that included Community Development, Code Enforcement
and the Sheriffs Department.
First Program Year CAPER 16 Version 1.2
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Twenty (20) sites were identified. Of the sites surveyed, seven (7) persons were
encountered and interviewed. Of these people, all seven (7) claimed to be homeless and
unsheltered. Tenure of homelessness ranged from one (1) week to 10 years. There were
no homeless families with children. All were offered services and /or shelter and printed
information was given to interviewees.
To assist the homeless and those at risk of homelessness, the City has the following
resources:
Assistance, General
People for People. A non - profit social service that provides food and clothing to individuals
and families in need, including homeless or at risk of homelessness.
Call 211. Provides information and referral services to persons, including the homeless.
Shelter Hotline: Provides information on locations for cold wet weather shelter.
California Youth Crisis Line: Provides information to homeless youth in crisis regarding
available services.
Assistance, Medical
East Valley Community Health Center. Provides free immunizations, medical
examinations, HIV testing and low cost health services.
Shelters and Emergency Housing
YWCA -- Wings. Provides emergency housing for battered women and their children
Salvation Army. Provides motel vouchers for emergency housing.
First Program Year CAPER 17 Version 1.2
0 9
COMM UNITY'DEVELOPMENT.. ;# y '
COMMUNITY DEVELOPMENT
GRANTEE EFFORTS IN CARRYING OUT PLANNED ACTIONS IN 2005 -2006 ACTION
PLAN.
The City of Rosemead continues to carry out its programs as identified in its HUD -
approved Consolidated Plan. To date, the City has pursued all funding sources, including
Rosemead Community . Development Commission (RCDC) funds, to complete
programming as outlined in the Consolidated Plan and as reflected in its Annual Action
Plan. The City has provided all requested certifications for consistency in HUD programs,
in a fair and impartial manner for applications from other entities which it stated it would
support and the City did not hinder Consolidated Plan implementation through either willful
action or through inaction.
CDBG SELF EVALUATION
The City has worked with community agencies, internal departments, the general public
and others as it has developed and refined its "larger picture" through the Consolidated
Plan. As the City has become more familiar with this long term planning tool, the City
becomes better able to plan strategically for the future.
IMPACT ON IDENTIFIED NEEDS
The City's programs are making an impact on those areas where it has identified needs in
its Consolidated Plan, especially in the areas of youth services, meals for the elderly,
infrastructure improvements and rehabilitation. In the area of rehabilitation, the City sees a
need for continuing commitment to its aging housing stock and to the new units that will
need rehabilitation in the future. In terms of youth services, the City is being proactive in
assisting the community, which has identified the need for after - school activities, multi-
cultural training and peer conflict resolution as ways to address youth violence, gang
activity and "latch -key" children. As these children mature, these services will be needed
for the next "generation" of children in order to continue to address these needs for this
special population. In terms of senior nutrition services, the City (along with its non -CDBG
funded Paratransit Program) can see that it is successfully able to ensure adequate
nutrition and mobility for its aging population. Many of these people are living longer, and
living independently longer, in part because of these services. The demand for these
services may become even greater in the future because the current population will
continue to age and use these services, even as a new generation of elderly begins to
need services. In infrastructure improvements, the City has seen a gain of ten (10) years
in the life of its current streets through its pavement management program, thereby
First Program Year CAPER 18 Version 1.2
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maintaining the infrastructure that allows commercial development to thrive and
contributing to the appeal of the City to residents.
BARRIERS TO FULFILLING STRATEGIES
The greatest barriers to fulfilling strategies have been the environmental review process,
which imposes greater environmental reporting burdens than the California Environmental
Quality Act (CEQA). Inter - governmental cooperation, especially with other federal
agencies in the past, was a barrier to fulfilling the City's goal of a neighborhood center and
72 units of affordable senior housing. The City received approval from the Army Corps to
have the term of the lease extended for a portion of the site in FY 2002 -2003. This
extension had been in progress for 3 years. Another barrier has been the unfamiliarity of
other agencies with HUD requirements and Executive Orders, such as Executive Order
12372.
STATUS OF GRANT PROGRAMS
All grant programs are in progress. New programs that have not yet been implemented
either have obtained environmental clearance or are in the planning process. Project
timelines were due for completion by end of current Consolidated Plan in FY 2005 -2006
and, as such, only two (2) projects are behind schedule — alley paving and the
reconstruction of Virginia Street. While some major goals may be moving slower than
anticipated due to construction delays, most programs are on target.
The City is timely in its CDBG expenditures. The City, in the past, was not timely in its
HOME expenditures, principally because the HOME funds were too restrictive for use in
the City's residential rehabilitation program. The City has been timely in its commitments
and expenditures over the last three (3) years. The City budgeted a portion of its HOME
funds to its new First Time Home Buyer program. This has resulted in better utilization of
HOME funds; however, current home prices and rising interest rates have effectively halted
program implementation as families are priced out of the market (see Table on page 5). In
addition, the HOME maximum ceiling for purchase is below the City's median housing cost.
The City anticipates that it will carry out a HUD - approved market study to raise the ceiling
in order to be able to assist more households in FY 2006 -2007.
The City also partnered with the County of Los Angeles in June 2002 for construction of
additional affordable housing within the City's supervisorial district. The funds included
HOME entitlement and HOME CHDO funds. In FY 2003, the City partnered with the
Montebello Housing Development Corporation for future construction of 6 first time home
buyer units in the City of Montebello. That project did not move forward and funds have
been deobligated. In FY 2005 -2006, the City created a multi - family rehabilitation area for its
Zapopan Target Area. This project moved forward in FY 2005 -2006; however, the City has
not had success in this program since high and low HOME rents are substantially lower
than what landlords can charge in the private rental market, even for substandard units.
First Program Year CAPER 19 Version 1.2
PERFORMANCE OUTCOMES AND MEASUREMENT
In the past, the City has used quantifiable goals and objectives as part of its Consolidated
Plan process. Beginning with the 2005 -2010 Consolidated Plan cycle, the City has created
quantifiable performance outcome measures for its projects. This will help determine the
success of projects in creating change within the community over time. See individual
project discussions regarding specific performance outcome measures.
GRANT DISBURSEMENTS
The City has been on IDIS since 1996 and there have been no problems with grant
disbursements, although there have been issues with IDIS. The hotline has provided
ongoing and invaluable assistance in resolving most of these issues. The City currently is
not having problems with IDIS except for those occasioned by the system's existing
architecture and when the system is "down" or unavailable.
ADJUSTMENTS AND IMPROVEMENTS
The City reallocated funds in order to provide full funding to projects ready to move forward
and to encourage timely expenditure of funds.
Changes to Program Obiectives
There were no changes to Program Objectives during the reporting period.
Assessment of Efforts to Carry Out Planned Objectives
The City already addresses this section in the Assessment Section, pages 1 -5; Affordable
Housing, page 12 -15; Community Development/Other Actions, page 18; Leveraging
Resources, page 6; Self Evaluation, page 18 -23. This includes funds committed for
different categories of housing needs, including total CDBG funds involved in the program
and other public and private funds involved in the project.
Funds not Used for National Obiectives
There were no funds used that did not meet one of the three (3) national objectives for the
CDBG program.
Anti - Displacement and Relocation
There was no displacement of business properties as a result of rehabilitation activities.
There was no residential or business displacement as a result of acquisition or demolition
of real property.
First Program Year CAPER 20 Version 1.2
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Low /Mod Job Activities
The City continued outreach as part of its economic development program (adopted in FY
1996- 1997). The City operates commercial rehabilitation programs under both the
Rosemead Community Development Commission (RCDC) and the City. The programs are
funded by RDA and CDBG respectively. In FY 2005 -2006, the City completed two (2) and
had two (2) Redevelopment- funded commercial rehabilitation projects under construction.
Low /Mod Limited Clientele Activities
The City served limited clientele in the presumed eligible category for its homeless
programs, ADA and senior nutrition programs. CDBG public service recipients use a
means test for households /persons who are not presumed eligible.
Program Income Received
There was no income to revolving funds or to float- funded activities; there was no income
from sale of real property or prior period adjustments. No loans were written off. There are
no CDBG- funded parcels for sale and no lump sum drawdown payments were made.
Program income received was posted to the IDIS system and drawn down prior to the draw
of new CDBG funds.
Prior Period Adjustments
There were no disallowed costs or prior period adjustments.
Lump Sum Agreements
There were no lump sum agreements or draw downs during the reporting period.
Loans
The City made two (2) CDBG- funded deferred loans in FY 2005 -2006 for residential
rehabilitation.
First Program Year CAPER 21 Version 1.2
Cl
Housing Rehabilitation
•
The following residential units (as described elsewhere in this report) were rehabilitated
during FY 2005 -2006:
Type of Program '
# Units
CDBG
Public'
Private
Completed
Funds.
Funds
Rebate
2
12,950
0
12,950
Grant
14
94,454
0
0
Emergency Grant
5
7,875
0
0
Deferred Loan
2
57,180
0
0
TOTAL
23
172,459
0
12,950
Neighborhood Revitalization Strategy Area
The City does not have a Revitalization Strategy Area. The City does have two (2) special
target areas within its low- moderate block groups. Target area #1 is known as the Zapopan
Target Area and Target Area #2 is known as the Jess Gonzalez Target Area. The strategy
for the area includes the following: targeted pro- active code enforcement (CDBG),
additional policing (non- CDBG), multi - family rehabilitation (HOME), single - family
rehabilitation (CDBG), neighborhood clean ups (non- CDBG), commercial rehabilitation and
economic development in surrounding corridors (CDBG, Redevelopment).
ANTI - POVERTY STRATEGY
The City relies on cooperation from a wide range of services and agencies directed at
helping people become self - sufficient, such as the LACDC's Family Self- Sufficiency
Program. The Community Development Division is a partner through its provision of funds
for community development, housing production, low or no cost residential improvements,
economic development loan program and public service agency program. These programs
providejob opportunities, affordable housing, residential improvements including ADA and
weatherization, food for the needy, improved commercial properties, counseling and other
public services. In FY 2005 -2006, the City provided the following:
First Program Year CAPER 22 Version 1.2
Anti- Poverty Strategy Activity- •
Services provided ' •'
Family Counseling
Continued program. 2 RDA funded projects closed,
Commercial Rehabilitation
2 under construction
First Time Home Buyer Program (non -CDBG)
0
First Time Home Buyer Program (HOME)
0
Rosemead High School
Completed 23 rehabilitation projects for low -to-
Residential Rehabilitation
moderate income households.
YWCA Wins
Served 15,813 meals to seniors
Senior Nutrition
Continue to contract for Section 8 services
Section 8 (non -CDBG)
Family Self- Sufficiency (non -CDBG)
Continue to support Self- Sufficiency through
IACDC
NON = HOMELESS S' RECIALriNEEDS
The City identified the following actions in its Annual Action Plan:
ACTIONS TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS
SPECIAL NEEDS. The special needs populations include the frail elderly, youth, the
disabled, those in need of counseling. The City supports these populations through its
15% public service cap. In FY 2005 -2006, the following agencies received CDBG monies
and assisted the following numbers of persons /households:
PUBLIC SERVICE AGENCIES
#OF RESIDENTS SERVED
Family Counseling
30
Rosemead School District - -Peer
Mediation /Conflict Resolution
79
Senior Nutrition
15,813 meals
People for People
771
Rosemead High School
12
West San Gabriel Valley YMCA
0
YWCA Wins
14
In addition, the City uses County Proposition "A" funds for its Paratransit program. This
program provides transportation opportunities in order to eliminate transportation barriers
to seniors and to the disabled.
This completes the FY 2005 -2006 Consolidated Annual Performance and Evaluation
Report for the City of Rosemead.
First Program Year CAPER 23 Version 1.2
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CITY OF ROSEMEAD,DRAFT 20042005 ANNUAL CAPER REPORT
CDBG AND HOME PROGRAMS
3� i z tir Xdro "f .q (ii t xzd vtaa
G'EIVERAL n k _.
The CPMP Fifth Consolidated Annual Performance and Evaluation Report (CAPER)
includes 'narrative responses to CAPER questions that recipients of Community
Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME)
Grantees must respond to each year as part of the year end close out of the Consolidated
Plan.
NARRATIVE STATEMENT
The Consolidated Plan CAPER report is a summary of the progress toward meeting the
goals and objectives that were outlined in the Consolidated Plan (CP) and its Annual Action
Plans. This report addresses the period of July 1, 2004 through June 30, 2005. The
Annual Action Plan was submitted to the Department of Housing and Urban Development
(HUD) in May 2004.
The Consolidated Plan and its Action Plans: 1) identify needs and problems; 2) analyze
market conditions and resources; 3) set priorities and adopt strategies for addressing
identified activities and goals for programs in the coming fiscal year.
ASSESSMENT OF FIVE -YEAR GOALS AND OBJECTIVES
The following table outlines the Action Plan objectives and shows how the activities
undertaken in FY 2004 -2005 support the objectives of the community:
Fifth Program Year CAPER 1 Version 1.2
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LEVERAGING RESOURCES
Other Public and Private Resources to address needs identified in the plan for FY 2004-
2005 (figures are rounded) are:
Program
CDBG
Other Sources
'TOTALS
San Gabriel Blvd.
265,126.47
1,603,094.50
1,868,221
ADA
Res. Rehabilitation
211,003
9,375
220,378
Rebates, grants,
loans
Family Counseling
38,647.96
1,352
39,999.96
Senior Nutrition
81,380.41
17,172.18
98,552.59
TOTAL
596,157.84
1,630,993.68
2,227,151.55
MANAGING THE PROCESS
The City of Rosemead has organized Community Development to be responsible for the
planning, development and implementation of its Community Development Block Grant
(CDBG) and HOME programs.
Community Development, in addition to the above grant administration, administers a
Department of Justice Grant and a Redevelopment Agency funded Commercial
Rehabilitation program.
Collectively, these funds provide the following programs:
• Residential Rehabilitation Program
• Commercial Rehabilitation and Economic Development Loan Program
• HOME Development Program
• Public Service Agency Program
• Mortgage Assistance Program
• CDBG Capital Improvement Program
Funds are also used for specific community development projects including Code
Enforcement, ADA improvements, lead testing and remediation, assistance to the
homeless and to battered women.
Fifth Program Year CAPER 6 Version 1.2
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CITIZEN PARTICIPATION
The City published its Notice regarding CAPER on September 14, 2005. The City received
the following public comment:
Previous public comments regarding the program were included in the City's 2004 -2005
Annual Action Plan.
INSTITUTIONAL STRUCTURE
OVERCOMING GAPS IN INSTITUTIONAL STRUCTURES
In order to eliminate gaps in institutional structures and to enhance coordination, the City
remains actively involved with outside agencies and regional governmental entities,
especially in the area of economic development. In FY 2004 -2005, the City was an active
member of the following intergovernmental organizations: San Gabriel Valley Commerce
and Cities Consortium; San Gabriel Council of Governments; the Southern California
Association of Governments; California League of Cities; Contract Cities.
In the area of economic development, the City works with and /or is a participating entity
with the following: 1) the Regional Business Assistance Network, 2) the Chamber of
Commerce, 3) the San Gabriel Valley Community Development Corporation.
In the area of homelessness, the City participates with the Los Angeles Homeless Services
Authority (LAHSA) for SPA 3 and with the East San Gabriel Homeless Coalition, as part of
the regional Continuum of Care.
MONITORING
The City of Rosemead ensures compliance with programming and planning requirements
in a number of ways, including performance monitoring, financial monitoring, Davis -Bacon
compliance and Environmental Review Compliance.
For subrecipients, the City has a subrecipient agreement that is used to measure agency
compliance. Monitoring includes on -site visits, interviews, telephone contacts and reports.
The City of Rosemead conducted on -site visits and follow -up with each of its public service
agencies in FY 2004 -2005. The City of Rosemead received a HUD Best Practice award in
1998 for its monitoring program for subrecipients (PSA's).
The City operates in accordance with the monitoring plan developed for CDBG and HOME
programs, including an annual single audit in conformance with OMB Circular A -133.
There were no findings pertaining to the CDBG and HOME program in the audit for FY
Fifth Program Year CAPER 7 Version 1.2
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2002 -2003. The audit for FY 2004 -2005 is currently in progress.
In addition, the City's CDBG and HOME programs were monitored by the U.S. Department
of Housing and Urban Development (HUD) in August 2004. The monitoring included
CDBG eligibility, compliance with National Objectives, Program progress, Cost allowability,
Subrecipients and contracts, overall management systems, HOME program review, Citizen
Participation, environmental assessment, Lead Based Paint abatement. There were no
findings.
All project costs are paid on a reimbursement basis, rather than paid in advance. A
request for reimbursement must have appropriate documentation attached to verify all
expenditures. A current report of program activities for PSA's also accompanies each draw
down request. These materials provide the data necessary to input data into the IDIS
system. Collecting this data during the program year is helpful in reviewing performance
goals on an on -going basis and in compiling year -end reports.
All applicable CDBG and HOME program projects are monitored regarding their
conformance with Davis -Bacon requirements. In addition, the City checks with the state
board to ensure all contractors selected are licensed. The debarred list from HUD's home
page is also used.
Performance is tracked and reported as stated above. Any discrepancies are addressed
with the appropriate entities. Records on performance are kept in the project file.
Each budgeted project is first reviewed for compliance with the National Environmental
Protection Agency regulations (NEPA). California Environmental Quality Act (CEQA)
regulations may also apply. Projects that are community service in nature are exempt from
NEPA. In FY 2004 -2005, the City completed environmental reviews for its infrastructure
projects, as well as for ongoing programs such as code enforcement, residential
rehabilitation. and others.
LEAD BASED PAINT
EVALUATE AND REDUCE LEAD BASED PAINT HAZARDS
The City is currently operating an education program with clients served under CDBG
rehabilitation programs. The program includes informing clients of the dangers of lead -
based paint and of the possibility that their home may contain lead -based paint.
In FY 1997 -1998, the City began using new pamphlets in a variety of languages in order to
reach broader representation. All contractors in all programs are prohibited from using
lead -based paint in their work. Staff received HUD training in the September2000 lead rule
and also in safe work practices. The City implemented its lead testing and Lead
Fifth Program Year CAPER 8 Version 1.2
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remediation programs in FY 2001 -2002. 18 homes were tested for lead -based paint in FY
2004 -2005. Of that number, 12 had lead paint that required remediation. The City has
remediated a total of 27 homes since 2001 - 2002.
ERA
AFFIRMATIVELY FURTHERING FAIR HOUSING
As a recipient of Community Development Block Grant (CDBG) funds, the City of
Rosemead is required to develop a fair housing program with specific actions and
procedures which will have an impact on preventing, reducing or eliminating housing.
discrimination and other barriers to equal housing choice based on race, color, religion,
sex, national origin, ancestry, familial status or physical or mental handicap.
As part of this requirement, the City undertook a study to analyze impediments to fair
housing which exist in the City of Rosemead. Impediments are defined as:
■ Any actions, omissions, or decisions taken because of race, color, religion, sex,
disability, familial status or national origin which restrict housing choices or the
availability of housing choices; or
• Any actions, omissions, or decisions which have the effect of restricting housing
choices or the availability of housing choices on the basis of race, color, religion,
sex, disability, familial status or national origin.
Based on the conclusions of the impediment study, if the CDBG grantee takes lawful steps
to eliminate identified impediments to fair housing choice within its jurisdiction, the grantee
will be determined to have taken affirmative actions to further fair housing.
The results of the City's Analysis of Impediments (AI) showed the following:
• The City has racially and ethnically segregated housing patterns;
• Low income whites have broader geographic distribution than do low income
minorities;
• An audit of ten (10) apartment complexes and four (4) sales demonstrated that
minorities and children when seeking housing in Rosemead may face differential
treatment 40% of the time;
• There is a need for more affordable housing in Rosemead.
There were no reported issues for individuals /families with disabilities.
Fifth Program Year CAPER 9 Version 1.2
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As a result of the Al, the City adopted the following actions to carry out recommendations
of the report:
• Encourage the development of housing through the Rosemead Housing
Development Corporation;
• Revise the Housing Element to contain policies and programs specific to fair
housing goals and objectives;
■ Asa prerequisite for any recipient receiving locally administered housing assistance
funds, recipients will acknowledge their understanding of fair housing law and affirm
their commitment to the law;
• Require evidence from builders that the Open Housing Policy is being observed by
periodically reviewing affirmative marketing goals and implementation;
• Continue and expand fair housing outreach through periodic seminars and
workshops;
• Continue the regular fair housing audits of the City so that the City has a good
understanding of the extent of housing discrimination and can measure the success
of existing fair housing efforts and develop new strategies where necessary;
■ Assist state and federal fair housing enforcement agencies by investigating and
testing fair housing complaints.
In FY 2004 -2005, the City implemented the following actions to support these activities:
Fifth Program Year CAPER 10 Version 1.2
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FAIR HOUSING RECOMMENDED ACTIONS AND ACTIVITIES UNDERTAKEN
Recommended Actions
Activity
Encourage housing development
City and RCC along with RHDC completed 71
units of senior rental housing
Revise Housing Element
Housing Element was updated in November 2000
and includes a section on policies and programs
under Fair Housing. Fair housing policies
continued in Housing Element update of 2000.
Housing Element approved by the State
Understanding of Fair Housing Law
Contracts for rehabilitation and applicable
covenants were revised in January 1997 to
enforce understanding of fair housing law. Fair
Housing held neighborhood visits and distributed
literature for outreach
Fair Housing Audits
The Fair Housing Council conducted testing as
part of the 2000 Al and follows up on
discrimination complaints with audits /testing
Federal Fair Housing Enforcement
The City contracts with the Housing Rights Center
to provide these services. In FY 2004 -2005, there
were 14 discrimination inquiries. 7 discrimination
cases were opened. 5 were counseled and 2
were referred to DFEH.
Analysis of Impediments
In FY 2004 -2005, the City contracted with Housing
Rights Center to complete its updated Al as part
of its 2005 -2010 Consolidated Plan. That Al is in
progress.
The City's provider gave landlord /tenant information and provided other fair housing
services to 194 persons in FY 2004 -2005, of which 83 were extremely low income.
Approximately 133 were Hispanic, 8 were American Indian or Alaskan, 10 were American
Indian /Alaskan and Black, 96 were American Indian /Alaskan and White, 27 were Asian, 1
was Asian and White, 32 were Other, 2 were Pacific Islander, 18 were White.
Fifth Program Year CAPER 11 Version 1.2
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AFFORDABLE HOUSING
0
The following table represents a comparison of accomplishments with proposed goals for
providing affordable housing, including the number of extremely low -, low- income and
moderate - income households that were assisted during the reporting period.
GOALS FOR AFFORDABLE
ACCOMPLISHMENTS
TYPES OF.
HOUSING :.
2004 -2005
HOUSEHOLDS
SERVED
Construct 72 units of senior housing
Construction complete
Seniors below 60%
of median income
Create non -CDBG funded First Time
Ongoing program. Non-
80% - 120% of
Home Buyer Program. Funded
CDBG. Closed escrow
median income
through Community Development
on 0 properties
Commission
Create HOME - funded Mortgage
Program created.
0 -80% of median
Assistance Program
Closed escrow on 0
(Low to Moderate)
properties
Operate Residential Rehabilitation
13 grants, 10
15 extremely low
Program
emergency grants and
income, 7 very low
3 deferred loan, 2
income and 6 at
Rebates
low income
Continue support for Section 8
Ongoing contract for
75% at up to 30%
housing
Section 8 services with
of median income
LACDC
and 25% at up to
50% of median
SECTION 215: The City of Rosemead assisted in the creation of 0 home ownership units.
No new homeowners in 04 -05, due to high housing market.
"WORST -CASE NEEDS" Worst case housing needs are defined as low- income renter
households who pay more than half their income for rent, live in seriously substandard
housing (which included homeless people) or have been involuntarily displaced. The City
of Rosemead served the worst -case needs in FY 2004 -2005 by providing the following:
More than 50% of rent: Contracted with County for Section 8 assistance; People for People
(non -CDBG funded) provided assistance with food and clothing for families.
Substandard Housing: Contracted with County for Section 8 assistance; provided
residential rehabilitation program (see table above).
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Involuntarily Displaced: There was no City involuntary displacement; contracted with
County for Section 8 assistance.
It should be noted that many other service providers within the City who do not receive
CDBG funds provide assistance to households with high rent burdens, living in
substandard conditions (including homeless) or who have been involuntarily displaced.
The City of Rosemead offers rehabilitation assistance to owner - occupied single family
units. Grants, emergency grants and deferred loans are available to handicapped
households. Eligible improvements include retrofit activities. In FY 2004 -2005, the City of
Rosemead served 6 handicapped /disabled households through its Residential
Rehabilitation Program.
PUBLIC HOUSING STRATEGY
There is no public housing in the City of Rosemead. This section does not apply. The
City contracts with the County of Los Angeles for Section 8 assistance.
BARRIERS TO AFFFORDABLE HOUSING
ACTIONS TO ELIMINATE BARRIERS TO AFFORDABLE HOUSING
There were no major policy changes undertaken in FY 2004 -2005. The City, along with the
Community Development Commission and the Rosemead Housing Development
Corporation completed its development of 71 units of affordable housing. In 1996, the City
undertook the following actions to eliminate barriers to affordable and fair housing:
The City updated the Housing Element to include:
1) flag lot subdivisions,
2) density bonus lots,
3) added a planned development ordinance which permits lot areas and yards less
than those allowed in regular residential zones,
4) a "mansionization" ordinance for units over 2,500 sq. ft. of livable space in order
to maximize land use,
5) an ordinance allowing for residential mixed use.
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The City updated its Housing Element in 2000 to continue these and to look at
adding a HOME - funded First Time Home Buyer program for people below 80% of
median income. The City's Housing Element was approved by the State of
California. The City adopted and implemented a HOME - funded First Time Home
Buyer program in 2001 -2002. Since that time, the City has closed X HOME - funded
loans. The City began a General Plan Amendment in 2003 -2004 and continuing
into 2004 -2005 aimed at updating zoning to implement the affordable housing and
economic development goals of the Housing Element and Consolidated Plan.
In FY 1998 -1999, the Rosemead Community Development Commission
implemented a First Time Home Buyer program to be funded through the Agency's
20% Housing Set Aside fund. As of the end of FY 2004 -2005, the Agency had
closed 0 escrows. Over the period of the 2000 -2005 Consolidated Plan, the RCDC
has closed 7 loans. 11 loans have closed since program inception.
HOME /AMERICAN DREAM DOWN PAYMENT INITIATIVE (ADDI)
The City does not receive ADDI funds. This section does not apply to the City of
Rosemead.
HOME NARRATIVE STATEMENT
HOME funding was programmed to administrative expense, CHDO set - aside, Mortgage
Assistance to new homebuyers, construction of new affordable housing. The City closed 2
loans under its Mortgage Assistance program for $80,000. As noted earlier, market prices
and rising interest rates have combined to stall the City's HOME - funded Mortgage
Assistance Program, as well as its RDA funded Home Buyer Program.
MBE/WBE OUTREACH
The City has conducted outreach for both minority and women home ownership, as well as
to minority business and women -owned business enterprises (MBE/WBE). In addition, the
City's contractor has a subcontract with a woman -owned business for provision of CDBG
and HOME services.
The City has also conducted outreach to all Fannie Mae Community lenders, as well as to
all Real Estate financing entities, in the Rosemead area.
The City held a Home Ownership Fair on Saturday, June 11, 2005 and invited local lenders
and MBE/WBE firms, as well as conducted outreach through the City's non - profit
organizations and through the School District.
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HOME MATCH REPORT
City has excess match from land acquisition and is a 0 match community.
INSPECTION RESULTS
The City has completed two (2) HOME - funded rental projects: Garvey Senior Apartments
and Los Girasoles. As part of the City's ongoing monitoring requirements, both projects
must supply annual rental verifications and the City conducts an annual habitability
inspection.
HOMELESS
x
CONTINUUM OF CARE NARRATIVE
The City is a member of the Continuum of Care and provided demographic and other
materials to the Continuum during the Super NOFA process. The City is also a member of
the San Gabriel Valley Homeless Consortium. There were no new Federal resources
obtained during the year from the Continuum of Care Super NOFA by the City. The City of
Rosemead is not eligible for Emergency Shelter Grant (ESG) funds.
The City works with public agencies and others to ensure that citizens who come into the
City looking for services are referred to those who can assist them. In addition, the City
provides funding to People for People who provide services to the homeless and to those
at -risk of homelessness, as well as to Wings, which provides services to battered women
and children including shelter for those who would otherwise be homeless.
Homelessness
The following activities were undertaken to address priority needs of homeless individuals
and families:
• Worked with the Rosemead Community Development Commission and the Housing
Development Corporation in the planning process for construction of 71 units of
affordable housing. The units were completed in FY 2004 -2005 and were fully
occupied as of March 2004.
Worked with the Los Angeles Community Development Commission and the East L.A.
Community Corporation in the development of 14 units of affordable family rental
housing.
■ Continued to work with the Los Angeles Community Development Commission
(LACDC) to provide needed affordable housing in the area of Section 8 Vouchers.
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• Updated its resource listing in order to improve its working relationship with agencies
and to continue to identify partners in the Continuum of Care.
• Participated in the Continuum of Care's service update during the Super NOFA
process.
• Participated with the San Gabriel Valley Homeless Consortium.
• Provided funding to People for People, a non - profit provider located in San Gabriel,
who provides assistance to the homeless and to those at -risk of homelessness in the
City of Rosemead.
• Provided funding to Wings, a non - profit provider who provides assistance to homeless
battered women and children in the City of Rosemead.
Unsheltered Homeless Count
In April 2005, City staff conducted an unsheltered homeless count. This count was an
update of the City's 2004 unsheltered homeless count. Surveys consisted of visual
inspection of sites and interviews with persons encountered at sites. The count was
conducted by the Grants Coordinator with assistance from the Sheriffs Department. Sites
were identified by a coalition that included Community Development, Code Enforcement
and the Sheriffs Department.
Twenty (20) sites were identified. Of the sites surveyed, seven (7) persons were
encountered and interviewed. Of these people, all seven (7) claimed to be homeless and
unsheltered. Tenure of homelessness ranged from one (1) week to 10 years. There were
no homeless families with children. All were offered services and /or shelter and printed
information was given to interviewees.
To assist the homeless and those at risk of homelessness, the City has the following
resources:
Assistance, General
People for People. A non - profit social service that provides food and clothing to individuals
and families in need, including homeless or at risk of homelessness.
Infol-ine. Provides information and referral services to persons, including the homeless.
Shelter Hotline: Provides information on locations for cold wet weather shelter.
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Homeless Outreach Programs. Provides information and referral services to homeless
populations.
California Youth Crisis Line: Provides information to homeless youth in crisis regarding
available services.
LOVE, Inc. A Clearinghouse of churches and church volunteers who 'provide
transportation, food, shelter and referral services.
Assistance, Medical
East Valley Community Health Center. Provides free immunizations, medical
examinations, HIV testing and low cost health services.
Shelters and Emergency Housing
YWCA -- Wings. Provides emergency housing for battered women and their children
Salvation Army. Provides motel vouchers for emergency housing.
COMMUNITY DEVELOPMENT
GRANTEE EFFORTS IN CARRYING OUT PLANNED ACTIONS IN 2004 -2005 ACTION
PLAN.
The City of Rosemead continues to carry out its programs as identified in its HUD -
approved Consolidated Plan. To date, the City has pursued all funding sources, including
Community Development Commission (RCDC) funds, to complete programming as
outlined in the Consolidated Plan and as reflected in its Annual Action Plan. The City has
provided all requested certifications for consistency in HUD programs, in a fair and
impartial manner for applications from other entities which it stated it would support and the
City did not hinder Consolidated Plan implementation through either willful action or
through inaction.
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CDBG SELF EVALUATION
The City has worked with community agencies, internal departments, the general public
and others as it has developed and refined its "larger picture" through the Consolidated
Plan. As the City has become more familiar with this long term planning tool, the City
becomes better able to plan strategically for the future.
IMPACT ON IDENTIFIED NEEDS
The City's programs are making an impact on those areas where it has identified needs in
its Consolidated Plan, especially in the areas of youth services, meals for the elderly,
infrastructure improvements and rehabilitation. In the area of rehabilitation, the City sees a
need for continuing commitment to its aging housing stock and to the new units that will
need rehabilitation in the future. In terms of youth services, the City is being proactive in
assisting the community, which has identified the need for after - school activities, multi-
cultural training and peer conflict resolution as ways to address youth violence, gang
activity and "latch -key" children. As these children mature, these services will be needed
for the next "generation" of children in order to continue to address these needs for this
special population. In terms of senior nutrition services, the City (along with its non -CDBG
funded Paratransit Program) can see that it is successfully able to ensure adequate
nutrition and mobility for its aging population. Many of these people are living longer, and
living independently longer, in part because of these services. The demand for these
services may become even greater in the future because the current population will
continue to age and use these services, even as a new generation of elderly begins to
need services. In. infrastructure improvements, the City has seen again often (10) years
in the life of its current streets through its pavement management program, thereby
maintaining the infrastructure that allows commercial development to thrive and
contributing to the appeal of the City to residents.
BARRIERS TO FULFILLING STRATEGIES
The greatest barriers to fulfilling strategies have been the environmental review process,
which imposes greater environmental reporting burdens than the California Environmental
Quality Act (CEQA). Inter - governmental cooperation, especially with other federal
agencies in the past was a barrier to fulfilling the City's goal of a neighborhood center and
71 units of affordable senior housing. The City received approval from the Army Corps to
have the term of the lease extended for a portion of the site in FY 2002 -2003. This
extension had been in progress for 3 years. Another barrier has been the unfamiliarity of
other agencies with HUD requirements and Executive Orders, such as Executive Order
12372.
STATUS OF GRANT PROGRAMS
All grant programs are in progress. New programs that have not yet been implemented
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either have obtained environmental clearance or are in the planning process. Project
timelines are due for completion by end of current Consolidated Plan in FY 2004 -2005 and,
as such, no programs are currently behind schedule. While some major goals may be
moving slower than anticipated due to construction delays, most programs are on target.
The City is timely in its CDBG expenditures. The City, in the past, was not timely in its
HOME expenditures, principally because the HOME funds were too restrictive for use in
the City's residential rehabilitation program. The City has been timely in its commitments
and expenditures over the last three (3) years. The City budgeted a portion of its HOME
funds to its new First Time Home Buyer program. This has resulted in better utilization of
HOME funds; however, current home prices and rising interest rates have effectively halted
program implementation as families are priced out of the market (see Table on page 5). In
addition, the HOME maximum ceiling for purchase is below the City's median housing cost.
The City anticipates that it will carry out a HUD - approved market study to raise the ceiling
in order to be able to assist more households.
The City also partnered with the County of Los Angeles in June 2002 for construction of
additional affordable housing within the City's supervisorial district. The funds included
HOME entitlement and HOME CHDO funds. In FY 2003, the City partnered with the
Montebello Housing Development Corporation for future construction of 6 first time home
buyer units in the City of Montebello. That project did not move forward and funds will be
reallocated to other projects. In FY 2004 -2005, the City created a multi - family rehabilitation
area for its Zapopan Target Area. This project will move forward in FY 2005 -2006.
PERFORMANCE OUTCOMES AND MEASUREMENT
In the past, the City has used quantifiable goals and objectives as part of its Consolidated
Plan process. Beginning with the 2005 -2010 Consolidated Plan cycle, the City is in the
process of creating quantifiable performance outcome measures for its projects. This will
help determine the success of projects in creating change within the community over time.
Performance outcomes will be included in the new Consolidated Plan, in accordance with
federal requirements.
GRANT DISBURSEMENTS
The City has been on IDIS since 1996 and there have been no problems with grant
disbursements, although there have been issues with IDIS. The hotline has provided
ongoing and invaluable assistance in resolving most of these issues. The City currently is
not having problems with IDIS except for those occasioned by the system's existing
architecture and when the system is "down" or unavailable.
ADJUSTMENTS AND IMPROVEMENTS
The City reallocated funds in order to provide full funding to projects ready to move forward
and to encourage timely expenditure of funds.
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Changes to Program Obiectives
There were no changes to Program Objectives during the reporting period.
Assessment of Efforts to Carry Out Planned Objectives
The City already addresses this section in the Assessment Section, pages 1 -6; Affordable
Housing, page 12 -15; Other Actions, page 17; Leveraging Resources, page 6; Self
Evaluation, page 18 -22. This includes funds committed for different categories of housing
needs, including total CDBG funds involved in the program and other public and private
funds involved in the project.
Funds not Used for National Objectives
There were no funds used that did not meet one of the three (3) national objectives for the
CDBG program.
Anti - Displacement and Relocation
There was no displacement of business properties as a result of rehabilitation activities.
There was no residential or business displacement as a result of acquisition or demolition
of real property.
Low /Mod Job Activities
The City continued its outreach as part of its economic development program (adopted in
FY 1996 - 1997), a presentation to the Rosemead Chamber of Commerce. The City
operates commercial rehabilitation programs under both the Rosemead Community
Development Commission (RCDC) and the City. The programs are funded by RDA and
CDBG respectively. In FY 2004 -2005, the City had two (2) Redevelopment- funded
commercial rehabilitation projects under construction, for a total of seven (7) commercial
projects during the Consolidated Plan period.
Low /Mod Limited Clientele Activities
The City served limited clientele in the presumed eligible category for its homeless
programs, ADA and senior nutrition programs. CDBG public service recipients use a
means test for households /persons who are not presumed eligible.
Program Income Received
There was no income to revolving funds or to float- funded activities; there was no income
from sale of real property or prior period adjustments. No loans were written off. There are
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no CDBG- funded parcels for sale and no lump sum drawdown payments were made.
Program income received was posted to the IDIS system and drawn down priorto the draw
of new CDBG funds.
Prior Period Adjustments
There were no disallowed costs or prior period adjustments.
Lump Sum Agreements
There were no lump sum agreements or draw downs during the reporting period.
Housing Rehabilitation
The following residential units (as described elsewhere in this report) were rehabilitated
during FY 2004 -2005:
Type of Program
# Unit's
CDBG,..
Public Funds
Private Funds
Completed
Rebate
2
9,375
0
9,375
Grant
13
79,775
0
0
Emergency Grant
10
16,853
0
0
Deferred Loan
3
211,003
0
0
TOTAL
28
317,006
0
9,375
Neighborhood Revitalization StrategV Area
The City does not have a Revitalization Strategy Area. The City does have a special target
area within its low- moderate block groups. This target area is known as the Zapopan
Target Area. The strategy for the area includes the following: targeted pro- active code
enforcement (CDBG), additional policing (non - CDBG), multi - family rehabilitation (HOME),
single - family rehabilitation (CDBG), neighborhood clean ups (non - CDBG), commercial
rehabilitation and economic development in surrounding corridors (CDBG,
Redevelopment).
Since its adoption, the City has completed the following:
• Initiated 161 code enforcement cases. Closed 144 code enforcement cases.
• Code Enforcement Rehab. Initiated 68 cases. Closed 32 cases.
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• Held 2 Neighborhood Watch meetings
• Created and adopted the multi - family rehabilitation program
• Provided one economic development loan
• Have 2 commercial rehabilitation cases in progress.
ANTI - POVERTY STRATEGY
The City relies on cooperation from a wide range of services and agencies directed at
helping people become self- sufficient, such as the LACDC's Family Self- Sufficiency
Program. The Community Development Division is a partnerthrough its provision of funds
for community development, housing production, low or no cost residential improvements,
economic development loan program and public service agency program. These programs
provide job opportunities, affordable housing, residential improvements including ADA and
weatherization, food for the needy, improved commercial properties, counseling and other
public services. In FY 2004 -2005, the City provided the following:
Anti-poverty Strategy Activity
Services provided
Continued program. two (2) Redevelopment- funded
Commercial Rehabilitation
commercial rebates in progress.
First Time Home Buyer Program (non -CDBG)
Continued program. Closed escrow on 0 loans
First Time Home Buyer Program (HOME)
Closed escrow on 0 properties
Completed 28 rehabilitation projects for low -to-
Residential Rehabilitation
moderate income households.
Served 18,405 meals to seniors
Senior Nutrition
Continue to contract for Section 8 services
Section 8 (non -CDBG)
Family Self- Sufficiency (non -CDBG)
Continue to support Self- Sufficiency through
LACDC
NON-HOMELESS•SPECIAfi,NEEDS'
The City identified the following actions in its Annual Action Plan:
ACTIONS TO ADDRESS OBSTACLES TO MEETING UNDERSERVED NEEDS
SPECIAL NEEDS. The special needs populations include the frail elderly, youth, the
disabled, those in need of counseling. The City supports these populations through its
15% public service cap. In FY 2004 -2005, the following agencies received CDBG monies
and assisted the following numbers of persons /households:
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PUBLIC SERVICE AGENCIES
# OF RESIDENTS. SERVED
Boys & Girls Club
175
Family Counseling
137
Rosemead School District - -Peer
Mediation /Conflict Resolution
186
Senior Nutrition
18,405 meals
Peo le for Peo le
2,269
Rosemead Sheriffs Youth Team
19
West San Gabriel Valley YMCA
23
YWCA Wins
54
In addition, the City uses County Proposition "A" funds for its Paratransit program. This
program provides transportation opportunities in order to eliminate transportation barriers
to seniors and to the disabled.
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CITY OF ROSEMEAD
HOME INVESTMENT PARTNERSHIPS PROGRAM
PARTICIPATING JURISDICTIONS
COMMITMENT AGREEMENT
THIS Agreement is made and entered into this 12`h day of July 2005, by and between the
City of Rosemead, hereinafter referred to as "City," and the Rosemead Community
Development Commission, hereinafter referred to as the "RCDC."
WITNESSETH THAT:
WHEREAS, City and RCDC desire to cooperate to undertake, or assist in undertaking,
the development of housing through the use of HOME Investment Partnership Funds, as
authorized by the Housing and Community Development Act of 1992, as amended,
hereinafter referred to as 'Act;" and
WHEREAS, the terms and provisions of this Agreement are fully authorized under State
and local law, and that this Agreement provides full legal authority for the City to assist in
undertaking the development of the project through provision of HOME funds within the
boundaries of the RCDC;
NOW, THEREFORE, the parties agree as follows:
1. The City and the RCDC agree to cooperate to undertake, or assist in
undertaking, the development of affordable housing.
2. The City hereby authorizes the RCDC to perform, or cause to be performed,
those acts necessary to implement the development of affordable housing by
for persons of low income, which will be funded from the City's federal Fiscal
Year 2003 HOME Program funds in the amount of $271,999. Said project to be
mutually agreeable by the City and RCDC.
3. The City and RCDC in the performance of this Agreement shall take all actions
necessary to assure compliance with the provisions of the National
Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title
VII of Civil Rights Act of 1968, Section 3 of the Housing and Urban
Development Act of 1968, as amended, The Fair Housing Act, the Act, and all
other applicable laws and regulations. Specific HOME requirements are
outlined in Exhibit "A" to this Agreement and are incorporated in the Agreement
1
as set forth in the Exhibit.
4. City and RCDC agree that RCDC shall be the lead agency for the development
of the project and compliance with HOME requirements regarding
environmental review, labor compliance, affordability restrictions. City shall
serve as funding and monitoring partner.
5. RCDC shall ensure that the project is marketed in accordance with the City's
Affirmative Marketing Plan.
6. This Agreement shall be effective for the period of time required for the
development of the property and expenditure of all HOME Program funds
obligated for the property identified in paragraph 2, above. In no event shall
this Agreement be terminated before June 30, 2008 except as a result of action
by the United States Department of Housing and Urban Development. This
Agreement may be amended from time to time, where mutually beneficial, for
additional funding for the development of affordable housing.
In the performance of this Agreement, the RCDC shall cause City to be named
as an additional insured under any and all general liability policies obtained by
RCDC with respect to the Project.
8. The RCDC must comply with Federal Lobbyist Requirements and ensure that
all persons and /or subcontractors acting on behalf of the RCDC will comply
with the Lobbyist Requirements.
9. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto and contains all the covenants and
agreements between the parties with respect. to the conditions of said
services and funding in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no.
other agreement or amendment hereto shall be effective unless executed in
writing and signed by both City and RCDC.
10, This Agreement shall be governed by and construed in accordance with the
laws of the State of California, all applicable federal statutes and regulations
as amended, and all applicable local laws.
11. The invalidity in whole or in part of any provision of this agreement shall not
void or affect the validity of any other provisions of this Agreement.
3
0
0
IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized this
Agreement to be executed by their respective chief executive officers and attested by the
executive officer - clerks thereof as of the day, month and year first above written.
CITY OF ROSEMEAD ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION
ATTEST:
CITY CCEKK-
3
By
EXECUTIVE DIRECTOR
0 0
EXHIBIT "A" TO COMMITMENT AGREEMENT
Compliance
Subrecipient agrees that it undertakes hereby the same obligations to the City that
the City has undertaken to HUD pursuant to City's application and certifications. The
obligations undertaken by Subrecipient include, but are not limited to, the obligation
to comply with all Federal laws and regulations described in Subparts H. and K of 24
CFR Part 92 and specifically with each of the following:
The 1990 National Affordable Housing Act and the Housing and Community
Development Act of 1987;
Final Rule and Technical Amendment to Final Rule of the Department of Housing
and Urban Development relating to HOME Investment Partnerships Program
(Title 24, Chapter V, Part 92 of the Code of.Federal Regulations commencing
with Section 92.1) dated September 16, 1996 and May 28, 1997; and any
subsequent applicable HOME regulations issued by HUD; .
Regulations of the Department of Housing and Urban Development relating to
environmental review procedures for the HOME Program(Title 24, Subtitle A,
Part 58 of the Code of Federal Regulations, commencing at Section 58.1),
except that Subrecipient does not assume City's environmental responsibilities.
Requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing
regulations at 24 CFR Part 100; Executive Order 11063, as amended by
Executive Order 12259 (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; Title VI of the Civil Rights Act of 1964 (Public
Law 88 -352) and implementing regulations issued at 24 CFR Part 1;
Prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing regulations at
24 CFR Part 146, and the prohibitions against discrimination against
handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 974) and implementing regulations at 24 CFR Part 8;
Requirements of Executive Order 11246 (Equal Employment Opportunity) and
the implementing regulations issued at 41 CFR chapter 60;
Requirements of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701 u), the purpose of which is to ensure that the employment and
other economic opportunities generated by Federal financial assistance. for
housing and community development programs shall, to the greatest extent
feasible, be directed toward low- and very low- income persons, particularly those
who are recipients of government assistance for housing;
The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise) and 12138 (concerning Women's Business Enterprise);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and regulations, as amended, implementing regulations at 49 CFR Part 24,
and the requirements of 24 CFR 92.353;
Administrative regulations, including, but not limited to, applicable sections of
Department of Housing and Urban Development regulations located at:
The following sections of 24 CFR Part 85 entitled "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State, Local,
and Federally Recognized Indian Tribal Governments" and referred to as
the "Common Rule'; 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36,
85.44, 85.51, and 85.52;
OMB Circular A -87 entitled "Cost Principles Applicable to Grants and
Contracts with State and Local Governments';
24 CFR Part 44.and OMB Circular No. A -133;
The following section of OMB Circular A -110 entitled "Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non- Profit Organizations ": Attachment B; Attachment F; Attachment H,
paragraph 2; and Attachment O;
OMB Circular A -122 entitled "Cost Principles for Non - Profit
Organizations';
The following laws and regulations relating. to preservation of historic places:
Public Law 89 -665 the Archaeological and Historical Preservation Act of 1974
(Public Law 93 -291), and Executive Order 11593 including the procedures
prescribed by the Advisory Council on Historic Preservation in 36 Code of
Federal Regulations, Part 800;
The Labor Standards Regulations set forth in Section 92.354 of 24 CFR Part 92;
The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) and the .
Americans' with Disabilities Act of 1990 (ADA);
The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.); 15. The Flood Disaster Protection Act of 1973 (Public Law 93 -234 and
the regulations adopted pursuant thereto) 24 CFR Chapter X Subpart B;
The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the
regulations adopted pursuant thereto (40 CFR Part 15);
Section 401(b) of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 482
et seq) and 24 CFR part 35; and
Provisions of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible
contractors or subrecipients.
Subrecipient further agrees to comply with environmental, procurement,
construction, and other guidelines provided by City, including City HOME
Information Memos which may be issued periodically during the term of this
contract. Subrecipient further agrees to incorporate City's "Special Federal
Provisions" in all construction bid documents and conditions in the City's
Affirmative Marketing Plan and Minority & Women's. Businesses Outreach
Statement in all contracts.
Subrecipient shall obtain any necessary permits and licenses that may be
necessary for its performance of this contract. Failure to meet established
performance goals and standards and/ or non - compliance with applicable rules
and regulations shall constitute non - compliance with the terms of this contract.
The City is entitled to use one or more of the following remedies for non-
compliance: temporarily withhold cash payments pending correction of
deficiencies by Subrecipient; disallow all or part of the cost of the activity or
action not in compliance; wholly or partly suspend or terminate the current award
for the Subrecipient's program; withhold further awards for the program; and/ or
take other remedies.that may be legally available.
Availability of Funds/ Modifications
Funding of this contract is contingent on the availability of HOME funds and continued
Federal authorization for program activities, and is subject to amendment or termination
due to lack of funds or authorization.
Subcontracts
Subrecipients shall incorporate the same or substantially equivalent requirements as are
contained in this contract in all subcontracts which utilize any HOME funds.
Subrecipient, by entering into any such subcontract for performance of any portion of its
HOME program, is not relieved of its responsibilities to City as set forth in this contract.
Authority to Bind
By entering into this contract, the Subrecipient certifies it is qualified and licensed to
conduct business in the State of California.
Non - Discrimination/ Grievance Procedures
Subrecipient will ensure that every effort is make to provide equal opportunity to every
potential minority and women's business vendor, contractor and subcontractor.
Standard of Conduct/ Conflict of Interest and Lobbying
No member, officer or employee of the Subrecipient or its designee or agents, no
member of the governing body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his /her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
process thereof, for work to be performed in connection with the program activities
assisted under this contract.
By entering into this contract, the Subrecipient certifies compliance with 24 CFR Part 87:
No Federal appropriated funds have been paid or will be.paid, by or on behalf of
the Subrecipient , to any person for influencing or attempting to. influence.ah
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of congress, an officer or employee of Congress, or an
employee of a Member of congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the Subrecipient shall complete and
submit Standard Form -LL, "Disclosure Form to Report Lobbying ", in accordance
with its instructions, and other Federal disclosure forms as requested.
The Subrecipient shall require that the language of this certification be included
in the award documents for all sub awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly. (Including
subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
Fiscal Control
The Subrecipient shall be responsible for the internal control and monitoring of fiscal and
programmatic /operational goals and procedures. The Subrecipient shall establish such
fiscal controls and fund accounting procedures as required by Federal regulations, or as
may be deemed necessary by HUD and City to assure the proper disbursal of, and
accounting for, funds paid to the Subrecipient under the HOME Program.
Funds shall be disbursed in accordance with CFR 92.502 (Cash and Management
Information System; disbursement of HOME funds). The Subrecipient is responsible for
requesting HOME funds from City in accordance with HOME regulations. City agrees to
make payments upon certification and submittal of a statement of actual costs incurred
(or to be incurred within 30 days of drawn down). Payment by City is not to. be
construed as final in the event HUD disallows reimbursement for the project or any
portion thereof. Certain reasonable back -up documentation as specified by the City
shall be submitted by Subrecipient with request for payment.
The Subrecipeint shall be liable for all amounts which are determined to be due by HUD
including, but not limited to, disallowed costs which are the result of Subrecipient's or its
contractors conduct under this contract. Subrecipient shall be notified in writing and
shall be permitted to respond regarding any controversy or proceeding between City and
HUD arising from this contract.
• •
All financial transactions must be supported by complete and verifiable source
documents. Records shall provide a clear audit trail.
Reversion of Assets
Upon expiration of this contract, Subrecipient shall transfer to the City any HOME funds
on hand at the time of expiration and any accounts receivable attributable to the use of
HOME funds.
Contract Responsibility for Monitoring and Records
HUD, the City, designated representatives of the City, and other appropriate officials
shall have access to all personnel records, management information, and fiscal data of
the Subrecipient and any agency or contractor with whom the Subrecipient executes a
subcontract necessary to carry out any HOME project for monitoring purposes. The
Subrecipient shall respond in a timely manner to all identified corrective action needs as
a result of HUD, City, or other monitoring. The Subrecipient shall submit to City all
required reports and monitoring corrective action plans on a timely basis, as delineated
by the City Records shall be maintained as follows:
Subrecipient agrees to .retain all records specified in this agreement; project
records specified in Section 92.508 (a)(3); and federal requirements records
specified in section 92.508(a)(5);
Subrecipeint agrees to retain all pertinent records, including financial records,
until advised by the City that further retention is unnecessary. The current HUD
requirement is 5 years. Records shall be open and available for inspection by
auditors and /or other staff assigned by HUD and /or the City during the normal
business hours of the Subrecipient. If there is ongoing litigation or an audit
involving the Subrecipient's or the City's records, the Subrecipient will retain the
records until the resolution of such litigation or audit and written notice by the City
that such records may be disposed of.
Requests for Technical Assistance
Subrecipient shall refer to City any regulatory or procedural questions regarding
operation of its HOME project(s). All formal requests for technical assistance shall be
submitted in writing. Requests should specify the problem area, particular assistance
being requested, and proposed solution if applicable. Informal questions regarding day -
to -day program operation may be directed to the assigned staff person.
0 •
HOME PROGRAM
Specific Conditions
Table of Contents
Per -Unit Subsidy
Housing Quality Standards
Affirmative Marketing Plan
Minority and Women's Businesses Outreach Statement
Per -Unit Subsidy
The amount of HOME funds that may be expended may not exceed the maximum
per -unit subsidy limits as set forth in Sections 221 (d) (3) and 221.514 (c) of the
National Housing Act. However, in no event may the maximum subsidy exceed the
actual development costs of the HOME- assisted units based on their proportionate
share of the total development cost.
Affirmative Marketing Plan
The Subrecipient will abide by and comply with the following conditions of the City's
Affirmative Marketing Plana Such conditions shall be included in any contract
documents implementing HOME activities.
Affirmative Marketing Program
Subrecipient shall carry out an affirmative program to attract tenants, regardless of
sex, of all minority and majority groups to the housing for rental. An affirmative
marketing program shall be in effect for the entire time of HOME operation.
Equal Employment Opportunity
Subrecipient shall maintain a non - discriminatory hiring policy in recruiting from both
minority and majority groups, including both sexes, for staff engaged in the rental of
properties.
Office Traininq
Subrecipient shall instruct all employees and agents in writing and orally in the policy
of nondiscrimination and fair housing.
EEO Notice (Office)
Subrecipient shall prominently display in all offices in which rental activity pertaining
to the program takes place the HUD - approved Fair Housing Poster and include in
any printed material used in connection with said rentals, the HUD - approved Equal
Housing Opportunity logo or slogan or statement.
EEO Notice (Property)
Subrecipient shall post in a conspicuous position on the property a sign displaying
prominently either the HUD - approved Equal Housing Opportunity logo or slogan or
statement.
Nondiscrimination
The City shall periodically review Subrecipient actions to ensure compliance with
Equal Housing Opportunity provisions, in conjunction with program monitoring
activities. Where Subrecipient fails to live up to an affirmative marketing obligations,
appropriate action, available under program regulations and /or applicable laws will
betaken to enforce compliance.
0
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: BILL MCITY MANAGER
DATE: JULY 5, 2005
SUBJECT: APPROVAL OF PARTNERSHIP WITH THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION FOR USE OF HOME FUNDS
In Fiscal Year 1996, the City of Rosemead became an entitlement jurisdiction for HOME
funds. HOME funds are federal funds restricted to the creation of affordable housing:
Under this program, the City is entitled to a formula share of HOME funds. The City's
annual allocation is a little over $500,000 per year. Of the total amount, 15% must be
set aside for Community Development Housing Organizations (CHDO's). Since 1996,
the City was successful in using HOME funds in the acquisition and construction of the
Garvey senior housing project and in the development of a regional affordable housing
development in the unincorporated county area (Los Girasoles development). However,
with rising real estate prices, the City has had difficulty in finding eligible projects in
which to expend the funds. HOME funds are highly restrictive and must be obligated for
expenditure within twenty -four (24) months of receipt, of funds or they are subject to
recapture by the federal government.
Background and Discussion
The City has created the Garvey Senior Housing apartments, the Mortgage Assistance
Program (MAP) and the Housing Development Fund using HOME funds. Of the funds
set aside by the City for the Housing Development Fund, $271,999 must be committed
by July 31, 2005 or they will be recaptured by the U.S. Department of Housing and
Urban Development (HUD).
The City proposes to partner with the Rosemead Community Development Commission
in the development of a,project using HOME funds. Under the HOME regulations, the
RCDC will have one year from the time of commitment to develop and move forward.on
a project. Development funds could also be committed at a future date to an ongoing
project, such as the City and Commission's multi - family rehabilitation. program.
f
JUL 12' 2005
ITEM No.
o o
Attached for your review and consideration is the proposed commitment agreement
between the City and the Rosemead Community Development Commission.
RECOMMENDATION:
1. That the City approve the partnership with the Rosemead Community Development
Commission; and
2. Authorize the City Manager or designee to execute all agreements.
HOME Partnership, 2
CITY OF ROSEMEAD
HOME INVESTMENT PARTNERSHIPS PROGRAM
PARTICIPATING JURISDICTIONS
COMMITMENT AGREEMENT
THIS Agreement is made and entered into this 12`h day of July 2005, by and between the
City of Rosemead, hereinafter referred to as "City," and the Rosemead Housing
Development Corporation, hereinafter referred to as the "RCDC."
WITNESSETH THAT:
WHEREAS, City and RCDC desire to cooperate to undertake, or assist in undertaking,
the development of housing through the use of HOME Investment Partnership Funds, as
authorized by the Housing and Community Development Act of 1992, as amended,
hereinafter referred to as "Act;" and
WHEREAS, the terms and provisions of this Agreement are fully authorized under State
and local law, and that this Agreement provides full legal authority for the-City to assist in
undertaking the development of the project through provision of HOME funds within the
boundaries of the RCDC;
NOW, THEREFORE, the parties agree as follows:
1. The City and the RCDC agree to cooperate to undertake, or assist in
undertaking, the development of affordable housing.
2. The City hereby authorizes the RCDC to perform, or cause to be performed,
those acts necessary to implement the development of affordable housing by
for persons of low income, which will be funded from the City's federal Fiscal
Year 2003 HOME Program funds in the amount of $271,999. Said project to be
mutually agreeable by the City and RCDC.
3. The City and RCDC in the performance of this Agreement shall take all actions
necessary to assure compliance with the provisions of the National
Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title
VII of Civil Rights Act of 1968, Section 3 of the Housing and Urban
Development Act of 1968, as amended, The Fair Housing Act, the Act, and all
other applicable laws and regulations. Specific HOME requirements are
outlined in Exhibit "A" to this Agreement and are incorporated in the Agreement
1
as set forth in the Exhibit.
4. City and RCDC agree that RCDC shall be the lead agency for the development
of the project and compliance with HOME requirements regarding
environmental review, labor compliance, affordability restrictions. City shall
serve as funding and monitoring partner.
5. RCDC shall ensure that the project is' marketed in accordance with the City's
Affirmative Marketing Plan. .
6. This Agreement shall be effective for the period of time required for the
development of the property and expenditure of all HOME Program funds
obligated for the property identified in paragraph 2, above. In no event shall
this Agreement be terminated before June 30, 2008 except as a result of action
by the United States Department of Housing and Urban Development. This
Agreement may be amended from time to time, where mutually beneficial, for
additional funding for the development of affordable housing.
7. In the performance of this Agreement, the RCDC shall cause City to be. named
as an additional insured under any and all general liability policies obtained by
RCDC with respect to the Project.
8. The RCDC must comply with Federal Lobbyist Requirements and ensure that
all persons and /or subcontractors acting on behalf of the RCDC will comply
with the Lobbyist Requirements. ,
9. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto and contains all the covenants and
agreements between the parties with respect to the conditions of said
services and funding in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement or amendment hereto shall be effective unless executed in
writing and signed by both City and RCDC.
10. This Agreement shall be governed by and construed in accordance with the
laws of the State of California, all applicable federal statutes and regulations
as amended, and all applicable local laws.
11. The invalidity in whole or in part of any provision of this agreement shall not
void or affect the validity of any other provisions of this Agreement.
2
El
IN WITNESS WHEREOF, the goveming bodies of the parties hereto have authorized this
Agreement to be executed by their respective chief executive officers and attested by the
executive officer - clerks thereof as of the day, month and year first above written.
CITY OF ROSEMEAD ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION
Z
„=210
ATTEST:
CITY CLERK
By
EXECUTIVE DIRECTOR
EXHIBIT "A" TO COMMITMENT AGREEMENT
Compliance
Subrecipient agrees that it undertakes hereby the same obligations to the City that
the City has undertaken to HUD pursuant to City's application and certifications. The
obligations undertaken by Subrecipient include, but are not limited to, the obligation -
to comply with all Federal laws and regulations described in Subparts H and K of 24
CFR Part 92 and specifically with each of the following:
The 1990 National Affordable Housing Act and the Housing and Community
Development Act of 1987;
Final Rule and Technical Amendment to Final Rule of the Department of Housing
and Urban Development relating to HOME Investment Partnerships Program
(Title 24, Chapter V, Part 92 of the Code of Federal Regulations commencing
with Section 92.1) dated September 16, 1996 and May 28, 1997; and any
subsequent applicable HOME regulations issued by HUD;
Regulations of the Department of Housing and Urban Development relating tc
environmental review procedures for the HOME Program(Title 24, Subtitle A,
Part 58 of the Code of Federal Regulations, commencing at Section 58.1),
except that Subrecipient does not assume City's environmental responsibilities.
Requirements of the Fair Housing Act (42 U.S.C. 3601 -20) and implementing
regulations at 24 CFR Part 100; Executive Order 11063, as amended by
Executive Order 12259 (Equal Opportunity in Housing) and implementing
regulations at 24 CFR Part 107; Title VI of the Civil Rights Act of 1964 (Public
Law 88 -352) and implementing regulations issued at 24 CFR Part 1;
Prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing.regulations at
24 CFR Part 146, and the prohibitions against discrimination against
handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 974) and implementing regulations at 24 CFR Part 8;
Requirements of Executive Order 11246 (Equal Employment Opportunity) and
the implementing regulations issued at 41 CFR chapter 60;
Requirements of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701 u), the purpose of which is to ensure that the employment and
other economic opportunities generated by Federal financial assistance for
housing and community development programs shall, to'the greatest extent
feasible, be directed toward low- and very low- income persons, particularly those
who are recipients of government assistance for housing;
The requirements of Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise) and 12138 (concerning Women's Business Enterprise);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and regulations, as amended; implementing regulations at 49 CFR Part 24,
and the requirements of 24 CFR 92.353;
Administrative regulations, including, but not limited to, applicable sections of.
Department of Housing and Urban Development regulations located at:
The following sections of 24 CFR Part 85 entitled "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State, Local,
and Federally Recognized Indian Tribal Governments" and referred to as
the "Common Rule'; 85.6, 85.12', 85.20, 85.22, 85.26, 85.35, 85.36,
85.44, 85.51, and 85.52;
OMB Circular A -87 entitled "Cost Principles Applicable to Grants and
Contracts with State and Local Governments';
24 CFR Part 44 and OMB Circular No. A -133;
The following section of OMB Circular A -110 entitled "Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other
Non - Profit Organizations ": Attachment B; Attachment F; Attachment H,
paragraph 2; and Attachment O;
OMB Circular A -122 entitled "Cost Principles for Non - Profit
Organizations';
The following laws and regulations relating to preservation of historic places:
Public Law 89 -665 the Archaeological and Historical Preservation Act of 1974
(Public Law 93 -291), and Executive Order 11593 including the procedures
prescribed by the Advisory Council on Historic Preservation in 36 Code of
Federal Regulations, Part 800,
The Labor Standards Regulations set forth in Section 92.354 of 24 CFR Part 92;
The Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) and the
Americans' with Disabilities Act of 1990 (ADA);
The Hatch Act relating to the conduct of political activities (Chapter 15 of Title 5,
U.S.C.); 15. The Flood Disaster Protection Act of 1973 (Public Law 93 -234 and
the regulations adopted pursuant thereto) 24 CFR Chapter X Subpart B;
The Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. Section 1251 et seq.) and the
regulations adopted pursuant thereto (40 CFR Part 15); .
Section 401(b) of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 482
et seq) and 24 CFR part 35; and
Provisions of 24 CFR Part 24 regarding use of debarred, suspended, or ineligible
contractors or subrecipients.
Subrecipient further agrees to comply with environmental, procurement,
construction, and other guidelines provided by City, including City HOME
Information Memos which may be issued periodically during the term of this
contract. Subrecipient further agrees to incorporate City's "Special Federal
Provisions" in all construction bid documents and conditions in the City's
Affirmative Marketing Plan and Minority & Women's Businesses Outreach
Statement in all contracts.
Subrecipient shall obtain any necessary permits and licenses that may be
necessary for its performance of this 'contract. Failure to meet established
performance goals and standards, and/ or non - compliance with applicable rules
and regulations shall constitute non - compliance with the terms of this contract.
The City is entitled to use one or more of the following remedies for non-
compliance: temporarily withhold cash payments pending correction of
deficiencies by Subrecipient; disallow all or part of the cost of the activity or
action not in compliance; wholly or partly suspend or terminate the current award
for the Subrecipient's program; withhold further awards for the program; and/ or
take other remedies that may be legally available.
Availability of Funds/ Modifications
Funding of this contract is contingent on the availability of HOME funds and continued
Federal authorization for program activities, and is subject to amendment or termination
due to lack of funds or authorization.
Subcontracts
Subrecipients shall incorporate the same or substantially equivalent requirements as are
contained in this contract in all subcontracts which utilize any HOME funds.
Subrecipient, by entering into any such subcontract for performance of any portion of its
HOME program, is not relieved of its responsibilities to City as set forth in this contract.
Authority to Bind
By entering into this contract, the Subrecipient certifies it is qualified and licensed to
conduct business in the State of Califomia.
Non - Discrimination/ Grievance Procedures
Subrecipient will ensure that every effort is make to provide equal opportunity to every
potential minority and women's business vendor, contractor and subcontractor.
Standard of Conduct/ Conflict of Interest and Lobbying
No member, officer or employee of the Subrecipient or its designee or agents, no.
member of the goveming body of the locality in which the program is situated, and no
other public official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his /her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
0 •
process thereof, for work to be performed in connection with the program activities
assisted under this contract.
By entering into this contract, the Subrecipient certifies compliance with 24 CFR Part 87:
No Federal appropriated funds have been paid or.will be paid, by or on behalf of
the Subrecipient' , to any person. for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of congress, an officer or employee of Congress, or an
employee of a Member of congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the Subrecipient shall complete and
submit Standard Form -LL, "Disclosure Form to Report Lobbying ", in accordance
with its instructions, and other Federal disclosure forms as requested.
The Subrecipient shall require that the language of this certification be included
in the award documents for all sub awards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly. (Including
subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
Fiscal Control
The Subrecipient shall be responsible for the internal control and monitoring of fiscal and
programmatic /operational goals and procedures. The Subrecipient shall establish such
fiscal controls and fund accounting procedures as required by Federal regulations, or as
may be deemed necessary by HUD and City to assure the proper disbursal of, and
accounting for, funds paid to the Subrecipient under the HOME Program.
Funds shall be disbursed in accordance with CFR 92.502 (Cash and Management
Information System; disbursement of HOME funds). The Subrecipient is responsible for
requesting HOME funds from City in accordance with HOME regulations. City agrees to
make payments upon,certification and submittal of a statement of actual costs incurredf
(or to be incurred within 30 days of drawn down). Payment by City is not to be
construed as final in the event HUD disallows reimbursement for the project or any
portion thereof. Certain reasonable back -up documentation as specified by the City
shall be submitted by Subrecipient with request for payment.
The Subrecipeint shall be liable for all amounts which are determined to be due by HUD
including, but not limited to, disallowed costs which are the result of Subrecipient's or its
contractors conduct under this contract. Subrecipient shall be notified in writing and
shall be permitted to respond regarding any controversy or proceeding between City and
HUD arising from this contract.
All financial transactions must be supported by complete and verifiable source
documents. Records shall provide a clear audit trail.
Reversion of Assets
Upon expiration of this contract, Subrecipient shall transfer to the City any HOME funds
on hand at the time of expiration and any accounts receivable attributable to the use of
HOME funds.
Contract Responsibility for Monitoring and Records
HUD, the City, designated representatives of the City, and other appropriate officials
shall have access to all personnel records, management information, and fiscal data of
the Subrecipient and any agency or contractor with whom the Subrecipient executes a
subcontract necessary to carry out any HOME project for monitoring purposes. The
Subrecipient shall respond in a timely manner to all identified corrective action needs as
a result of HUD, City, or other monitoring. The Subrecipient shall submit to City all
required reports and monitoring corrective action plans on a timely basis, as delineated
by the City Records shall be maintained as follows:
Subrecipient agrees to retain all records specified in this agreement; project
records specified in Section 92.508 (a)(3); and federal requirements records
specified in section 92.508(a)(5);
Subrecipeint agrees to retain all pertinent records, including financial records,
until advised by the City that further retention is unnecessary. The current HUD
requirement is 5 years. Records shall be open and available for inspection by
auditors and /or other staff assigned by HUD and /or the City during the normal
business hours of the Subrecipient. If there is ongoing litigation or an audit
involving the Subrecipient's or the City's records, the Subrecipient will retain the
records until the resolution of such litigation or audit and written notice by the City
that such records may be disposed of.
Requests for Technical Assistance
Subrecipient shall refer to City any regulatory or procedural questions regarding
operation of its HOME project(s). All formal requests for technical assistance shall be
submitted in writing. Requests should specify the problem area, particular assistance
being requested, and proposed solution if applicable. Informal questions regarding day -
to -day program operation may be directed to the assigned staff person.
0 •
HOME PROGRAM
Specific Conditions
Table of Contents
Per -Unit Subsidy
Housing Quality Standards
Affirmative Marketing Plan
Minority and Women's Businesses Outreach Statement
Per -Unit Subsidy
The amount of HOME funds that may be expended may not exceed the maximum
per -unit subsidy limits as set forth in Sections 221 (d) (3) and 221.514 (c) of the
National Housing Act. However, in no event may the maximum subsidy exceed the
actual development costs of the HOME - assisted units based on their proportionate
share of the total development cost.
Affirmative Marketing Plan
The Subrecipient will abide by and comply with the following conditions of the City's
Affirmative Marketing Plan. Such conditions shall be included in any contract
documents implementing HOME activities.
Affirmative Marketing Program
Subrecipient shall carry out an affirmative program to attract tenants, regardless of
sex, of all minority and majority groups to the housing for rental. An affirmative
marketing program shall be in effect for the entire time of HOME operation.
Equal Employment Opportunity
'Subrecipient shall maintain a non - discriminatory hiring policy in recruiting from both
minority and majority groups, including both sexes, for staff engaged in the rental of
properties.
Office Traininq
Subrecipient shall instruct all employees and agents in writing and orally in the policy
of nondiscrimination and fair housing.
EEO Notice (Office)
Subrecipient shall prominently display in all offices in which rental activity pertaining
to the program takes place the HUD - approved Fair Housing Poster and include in
any printed material used in connection with said rentals, the HUD - approved Equal
Housing Opportunity logo or slogan or statement.
EEO Notice (Property)
Subrecipient shall post in a conspicuous position on the property a sign displaying
prominently either the HUD - approved Equal Housing Opportunity logo or slogan or
statement.
Nondiscrimination
The City shall periodically review Subrecipient actions to ensure compliance with
Equal Housing Opportunity provisions, in conjunction with program monitoring
activities. Where Subrecipient fails to live up to an affirmative marketing obligations,
appropriate action, available under program regulations and /or applicable laws will
be taken to enforce compliance.
COUNTY OF LOS ANGELES
HOME INVESTMENT PARTNERSHIPS PROGRAM
PARTICIPATING JURISDICTIONS
COOPERATION AGREEMENT
THIS Agreement is made and entered into this 25th day of June 2002, by and between
the City of Rosemead, hereinafter referred to as "City," and the County of Los Angeles,
hereinafter referred to as the "County."
WITNESSETH THAT:
WHEREAS, City and County desire to cooperate to undertake, or assist in undertaking,
the development of multi - family housing through the use of HOME Investment
Partnerships Program (`1-IOME'), as authorized by the Housing and Community
Development Act of 1992, as amended , hereinafter referred to as "Act;" and
WHEREAS, the City and the County are designated by the U.S. Department of Housing
and Urban Development ( "HUD ") as Participating Jurisdictions under the HOME Program,
and the Act and HOME Regulations 24 CFR 92.201(a)(2) permit two contiguous local
Participating Jurisdictions to enter into a cooperation agreement to conduct eligible
activities which serve residents of both jurisdictions; and
WHEREAS, the terms and provisions of this Agreement are fully authorized under State
and local law, and that this Agreement provides full legal authority for the City to assist in
undertaking the development of the project through provision of HOME funds within the
boundaries of the County;
NOW, THEREFORE, the parties agree as follows:
1. The City and the County agree to cooperate to undertake, or assist in
undertaking, the development of affordable housing and that such undertaking
would mutually benefit and serve the residents of both jurisdictions.
2. The City hereby authorizes the County to perform, or cause to be performed,
those acts necessary to implement the development of affordable housing by
the East LA Community Corporation, a California non - profit public benefit
corporation ( "Developer "), for persons of low income, which will be funded from
the City's federal Fiscal Year 2000 HOME Program funds in the amount of
$422,100. Said funds are broken down into the following sources: $159,300
1 ORIGINAL
CHDO funds and $262,800 in Entitlement funds. Said funds shall be used for
the exclusive purpose of developing the residential real estate located in the
unincorporated area of the County containing eleven (11) dwelling units for
rental located at and commonly known as 952 S. Record Avenue, Los Angeles,
California ( "Project ")
3. County warrants to the City that the Developer meets all the qualifications of a
Community Housing Development Organization (CHDO) as defined by the Act
and the HOME regulations.
4. The City and County shall ensure that any development which is assisted
using HOME program funds in this agreement must comply with all of the
following federal laws, executive orders, and regulations pertaining to fair
housing and equal opportunity, as set forth in 24 CFR part 5, subpart A.
Title VI of the Civil Rights Act of 1964, As Amended (42 U.S.C. 2000d); Title
VIII of the Civil Rights Act of 1968, As Amended "the Fair Housing Act" (42
U.S.C. 3601); Equal Opportunity in Housing (Executive Order 11063, As
Amended); Architectural Barriers Act of 1968, As Amended (42 U.S.C. 4151);
Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101); Equal
Employment Opportunity Programs, Executive Order 11246, As Amended;
Section 504 of the Rehabilitation Act of 1973; Title II of the Americans With
Disabilities Act; Section 3 of the Housing and Urban Development Act of
1968; Lead -Based Paint Poisoning. Prevention Act (42 U.S.C. 4821 et seq.),
24 CFR part 35, and 24 CFR 982.4010); Davis -Bacon Act (40 U.S.C. 276a);
Uniform Relocation Assistance and Real Property Acquisition Policies Act (42
U.S.C. 4201 -4655) and 49 CFR part 24; HOME Affirmative Marketing
requirements; HOME Conflict of Interest provisions; Executive Orders 11625,
12432, and 12138 (Community Business Enterprise); Department of Interior
and Related Agencies Appropriations Act, known as the Byrd Amendments,
and HUD's 24 CFR Part 87; California Drug -Free Workplace Act of 1990.
5. City and County agree that County shall be the lead agency for the
development of the project and shall ensure compliance with HOME
requirements regarding environmental review, labor compliance, affordability
restrictions and monitoring requirements. City shall serve as a funding partner.
6. The City and County acknowledge that the Project is consistent with their most
recent Consolidated Plans, as approved by HUD.
7. The City and County shall ensure that the project serves low- income residents
from both the City and County jurisdictions. The County shall ensure that the
Developer affirmatively markets the project and specifically conducts outreach
2
a •
to the residents of both jurisdictions who are eligible tenants for the project.
8. This Agreement shall be effective for the period of time required for the
development of the property and expenditure of all HOME Program funds
obligated for the property identified in paragraph 2, above. In no event shall
this Agreement be terminated before June 30, 2003, except as a result of
action by HUD,
9. The City and County agree that HOME Program funding for any activities in or
in support of any cooperating City that does not affirmatively further fair housing
within its own jurisdiction, or that impedes the County action to comply with its
fair housing certification, is, prohibited.
io . In the performance of this Agreement, the County shall cause City to be named
as an additional insured under any and all general liability policies obtained by
County or East Los Angeles Community Corporation with respect to the
Project.
11. The County must comply with Federal Lobbyist Requirements and ensure
that all persons and /or subcontractors acting on its behalf will comply with the
Lobbyist Requirements.
12. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto and contains all the covenants and
agreements between the parties with respect to the conditions of said
services and funding in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement or amendment hereto shall be effective unless executed in
writing and signed by both City and County.
13. This Agreement shall be governed by and construed in accordance with the
laws of the State of California, all applicable federal statutes and regulations
as amended, and all applicable local laws.
14. This Agreement may be terminated at any time by either party upon thirty
(30) days prior notice in writing to the other party.
15. Either upon the completion or termination of this agreement, the County shall
within sixty (60) days return any unexpended HOME funds to the City.
16. The Community Development Commission of the County of Los Angeles
( "Commission ") shall administer this agreement on behalf of the County.
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17. The County reserves the right to determine the disposition of any program
income, including the County taking possession of said program income for
further use for affordable housing..
18. The County shall be responsible for enforcing the affordability requirements
of the project, including the tenant occupancy monitoring, lease requirements,
inspection for maintenance of Housing Qualify Standards, and any other
applicable HOME requirements. All project records shall be retained by the
County, which shall provide the City with copies of any project records,
reports and monitoring information the City requests.
19. The HOME funds under this agreement shall continue to be part of the City
HOME formula allocation from HUD, and the City shall be responsible for
meeting all HUD requirements it engenders, including but not limited to IDIS
set up, Commitment, Expenditure, CHDOs, match liability, etc.
20. The County shall ensure that the project complies with subsidy layering
standards and does not exceed HOME maximum subsidy limits.
21. The County shall be responsible for dealing with any disputes that arise with
the Developer regarding the project and the HOME funds under this
agreement, and any disputes between the City and the County shall be
mediated by a third party acceptable to both.
22. The invalidity in whole or in part of any provision of this agreement shall not
void or affect the validity of any other provisions of this Agreement.
0
IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized this
Agreement to be executed by their respective chief executive officers and attested by the
executive officer- clerks thereof as of the day, month and year first above written.
CITE F �I� COUNTY OF LOS ANGELES
B By OG[/
rlos Jackson, Executive Director
Community Development Commission
ATTEST: , ounty of Los Angeles
qRROPINow
City Clerk &•�___ G ___�
..p QI U
Vf�ape�ise�s --
By .7// - BY!
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
GLog9 w. Pc�c�t
City Attorney ���������. GLI NN
County Counsel
By By.
De ty
J