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HomeMy WebLinkAbout1979-08-21; City Council; Resolution 5892, < 1 2 z 4 F " E 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 5892 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COOPERATION AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE SIXTH YEAR OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the County of San Diego has requested that the City of Carlsbad express its intent to participate in the Sixth-Year Housing and Community Development Block Grant Program; and WHEREAS, the City Council of the City of Carlsbad desires to express its intention to participate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the Cooperation Agreement attached hereto and incorporated herein as though fully set fourth is hereby approved and the Mayor of the City of Carlsbad hereby authorized to execute said document. BE IT FURTHER RESOLVED that the Mayor of the City of Carlsbad and the City Attorney of the City of Carlsbad are hereby authorized and directed to execute HUD Form 2015.12 (11-75) "Assurances . PASSED, AND ADOPTED at a regular meeting of said City Council held on the 21st day of Auqust , 1979, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Councilwoman Cas1 er NOES : None ABSTAIN: Councilman Lewis ABSENT : ATTEST: 0 A COOPERATION AGREEMENT BETWEEN THE COUNTY THIS AGREEMENT is made and entered into this day of I 19 , by and between the County of San Diego, a political subdivision of the State of California, herein- municipal corporation of the State of California, located in the County of San Diego, hereinafter called "City. W I T N E S S E T H: Recital A. In 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community De- velopment Act of 1974, herein called the "Act." The said Act is omnibus iegisiaLion relating to Federai involvement i2 a wide range of houshg and community development activities and contains eight separate titles. Recital B. Title I of the Act is entitled, Commanity Development, zind consolidates several existing categorical programs for housing and com.nunity-developrrtent into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and developnent of metropolitan cities and urban counties or communities by providing financial assistance annually for A area-wide plans and programs of public housing, public services and public works. a The County of San Diyo has hcretofore e .L Recital C. requested of the Department of Housing and Urban Development that it be qualified as an &ban county and thereby become eligible for financial entitlements to receive Hausing and Community Development Block Grant funds.. Pursuant thereto, the County has been informed preliminarily, subject to final deter- mination, that it will qualify as an urban county and be eligible for funds. Recital D- The Housing and Community Development Biock Grant Regulations issued pursuant to the Act (the Regulations) provide that cpalified urban counties must submit an application to the Departmerlt of Housing and Uirban Development for funds and that cities and smaller communities within the metropolitan area . nct qualifying as metropolitan cities may join the County in said application XS thereby become a part of a more comprehensive County effort. Recital E. As the applicant, the County must take the full responsibility and assume all obligations of an applicant under the statute, This includes the allalysis of needs, the setting of objectives, the development of community development and housing assistance plans, the one-year community development program, and the assurances or certifications. NOW THZREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows : -2- 1. The parties agree to cooperate in undertaking, or assisting in undertaking, essential comiunity development and housing assistance activities, specifically urban renewal and .publicly-assisted housing. 2. The City agrees that it shall be included in the application the County shall make to the Department of Housing and Urban Development for Title I Eiousiny and Community Develop- ment Block GraDt fundspunder the above recited Act. 3. The City shall prepare or work wj-th the County in the preparation of a detailed project or projects or other activities to be conducted or performed within the City the plan of which - shall be incluzed in the aforesaid application, 4. The County agrees to include the City in its applicir- tion under the Act and to work with the City in the preparation of the detzilEd project or project; or other activities to ie conducted or performed wj-thin the City pursuant to the application, . 5, The'City and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to its application and that it shall thereby become legally liable and responsible thereunder for the proper performance of the plan and program. agrees that it shall fully cooperate with the County 5-n all The City cooperative efzort hereunder and that it shall do any and all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the c I Act arid its Regulations. 5 -3- 6. The City agrees and does hereby com,itS. itself to undertake, conduct or perform or assist the County in under- taking, conducting or performing the essential community de- velopment and housing assistance activities identified in the plan and program contemplated hereunder pursuant to the Act. 7. All funds received by the County in accordance with its application shall be identified and allocated to the specific projects or activities set out in the application and such allocated amounts shall be expended exclusively for such projects cr activities; provicied, however, that a different distribution may be made when necessary to comply with Title I of the Housing and Commnity Development Act of 1974. 8. The period of performance of this Agreement shall be for the fourth program year under the application which will. . comnence on the date of IIUD approval or' the County's applicztion and shall run for 12 consecutive months thereafter except when modified under the provisions of the Regulations- It is anticipated that the said application will be approved prior to August 1, 1978, All subsequent periods of performance hereunder shall he agreed to by written modification of this Agreenext, fully executed by the parties. 9. The parties agree that a fully executed amendment or amendments to this Agreement shall be entered into as required ox- necessary to implement a detailed and formulated plan and program as contemplated hcreundcr,or for the purpose of complying with any grant agreement received or the regulations issued pursuant to the Act. -4- 10- The Nayor and City Attorney are hereby authorized to execute and submit to the County of San Diego Assurance Form HUD 7015.12 with respect to the community development activities carried out within the boundaries of this City. It is further understood that the Chairman of the Board of Supervisors and the County Counsel will rely upon the assurances executed by the Mayor and City Attorney for purposes of executing an 3-ssurance form for subrnission to H’JD. 11. All records of the City respecting this application and any project undertaken pursuant thereto shzll be open and available for inspection by auditors assigned by I!UD . and/or the County on reasonable notice during the normal business hours OF the City. c -5- IN WITNESS WHEREOF Cooperation Agreement to r the parties have czused this be executed this day of This Agreement is approved as to forin and legality and it is hereSy certified that the Agreenent is in local law. COUNTY OF SAN DIEGO accordance with State and By-..-- Chairman of the Board 05 Supzrvisors DONALD L. CLARX County COur!Sel ATTEST: PORTER D, CP.ENEXS, Clerk of the Board of Supervisors BY . Deputy Deputy Approved as to form and THE CITY OF CARLSBAD , ,. -- legality 5y ATTEST:. . /- CARLSBAD city Clerk ':. .L 4" 'I 6 .,' (3) It has complied *.4rh all tEc requiremiit% of O3IB CirLuhr So. A-95 3s modKizd by Sections 570.3CO(c) (io; t entitlemmt sppli:p>i,) or 570.500(d) (io; discrrtionxy app!isnnts) 2nd iht &her (i) any comrnmrs and recommendJtians made by or tlitocgh cleaiinu-houjes are attached 3nd have bzen considered prior to sLib::i:ssion of the applrijiion; or (ii) Prior to submission of its application, ihe appkant has: the requiied piocedu:eS havz Lvsn fo!lowed and no coinlilcnts or recommend~!ions have been received. (4) (i) providcd citiz-rig *iih adtqu'te information conczrak: &:?e 3"mt of funds aviihblz for ptuposed community development and housin: ac!ivitie>n the ranst of zcriviws rhar m2y tx uiidrrt.Aen, 2nd other irripirtaci pr03.rara requirements; held at hjt !*.io public Iiearinss to obtain the vieu-s ofcilizsns on community dev4opmznt and tloiistng nee"; and provided citizfns an zdequate opportunity to zrtisuhtr needs, e\prrss prefettnces ahuut proposed 3cth5 ties, assist in th: selection of pKh:iiiej. and otheit+iW to pirtic+p!e jn th? dtve1op"r.t of th- app1ica::on. (ii) (iii) (5) Its chkf executive of5ctr or other officer of applicant approvzd by HGDr 1x9 insofar 5s t..e povbicrs cf such Act a?p:y to the applicant's propJsed pqan puscar:: :u 7-1 CFX 570.G03; and Is author&cl and coawntn oil &half of the applican: sd hicse!f to accep: th+ jLrisdicticm of the Federal courts for the p?~~.xe of edcrcerent of his resjmmiSI:i:ies ES s*xh zn official. @) (6) The Conimunity Developqimt ProgiJm has been developed so 35 to give niasimum feasible priority IO acti:i?ies which xiil benefit ICIW or r;.odcraie incornc hriiilirs oi .?d in the prevzntion or e1ir;:instion of slums 0'1 b!i$it. K'hcre 2ti cr pnrl of tlic roinniunity devcloprncnt pro3251 activities sc dzsigned to mcet othzr conmilnity deieiopinent nce3s fizvin: 1 particular ur_ecncy. suzh needs are spccificaliy dcsciibed ia the ap$ica:ion under the Community Devzlopmrnt Pian Summary. .I -. t Wb-70 15.32 ( 3 1-75) f. .. a. - (iii) scctioii 103 bf t~ic rio and Coriinnuii:y ~)-vt!il;lnient AC~ of IW$. ;i !:e 1ip1~11i0i\.~ isgic,! pur~~t;lnt thsrcto (24 Cl'k 570. i sli~lf. <ill tlis :;roun,i of l:tcc, color. na!io.n:i! ori;:in or wy, lx cxciuded froin par~icipation irt. tz ticnied tiis hicfits of, or b: sut\;-ctcc! to discrirriinrltion uder, any i)iOgiLrI> or aciivity fundti1 iir whole o: in p:,rt with Tiik 1 fund<. Executive OrCcr 11063 on qual oppwtunity in liousins and nondi~ciimi:is:iun in tlic salz or rental of hausing built with FcCicr3l ss~ist3n~e. Eseciitive 0:dr.r I 12-16. and all regulations issued pursuJ.nt t??EiTtO (24 CFK Part 130). which provides tint no person shsil lis diwtininated apllnjt on thc hasis of race, co!or. reli::icin, xx or nritional ortgni in >!I phixsof cniploynlznt Curing tht perform~nce of Federal nr ft.d:ri:ly - assisted co~itrscts. Stic!~ contrictors and ~ubcontractors s!:3li take affirriiative action to insure fair trrarntnt in cmploymrnt, upyading, &motion. or transfer; rrcrui!msnt or rccruitrxnt xlvzrtising; hydf or tirmination. zates of p3y or o:hzr forms of conipensa:ion 3rd w!estion for trainkg and apprenticcsiiip. Section 3 of the !?ousir:n and Urhn 1:evelopment Act of 1368, 2s amended. requiring tht to the Sreatest extent fcasihlz oppsirunities for trniiiinz 2nd employment be given lo*.s.:r incorne residents of the pro$ arc3 and contracts for wo:k in connection with the project be axarded to eligible business concernswtiich are 1oca:ed in, or owned in s:bs:anti31 part by, persons rrsiding in i1:e are3 of the project. wliich prouitlrs that iit, prson in. t!ic Unired e: .(y .~ . - VI 1, * (iv) (v) . t (vi) (12) It will: (i) In acquirL.z 1-31 pow:y in connection with L5e comm"ty de:*eIo~ment blosk @at Fvarn, b guid-A to the patest extent pactirab:c. mcIcr State law, by the real proplriy acquisition p-tliciss set out ur?der Swtion 301 of the Unifcm Re!ccation Assistance and Real Proprty Acquisition Policies Act of 1970 (P.L 9Ia) ar.d the povisiom of -%stion ?W! therecBf: (ii) (iii) Pay or reimbtiix propcity owners for necessary expenses ai sptcified in Section 303 2nd 304 or the Act; 31id Inform gffecltd peisons of the bcnefits. policies, and proiedllrcj providcd for unde: HUD regu?3tions (24 CER Part 42). (13) It will: . (i) Provide fair 2nd reazonsble rzlocation payments and assistance in accoidanca with Sections 202. 203, and 204 of the Uniform Rt!oca!ion Assijiancz and Real Propzrty Xcqtlijition Policies Act of 1370 and app!icabk ZUD rcguktions (21 CI:R ?ai[ 12!, to or for fainilics. individuals. pirtnershipj, corporations o; associ?tions displicd 2s a result of aay acquisition of re31 property for an activity assijted under thz pro~rsm; Prc;%k reloc3!ion assist3nce progiarns offering the seniccs described in Section 205 of thz Act to such di.;:,lr\ccd CanZes. indi\ idusls. plrtneishipj. corporations or sjwiiJtinns in thz manner provided cntkr appiicsbie Hiin rcpitla tions; {iii) . Assure that, \tiillin 3 re3sonsble tintz prior to displniement, decrnr, de. and sanitnry rephcemcnt dircliings will be avaifable to such disp!ared families and individit~is in 3ccordance v.itti Scction 2GS(c) (3) of ~!ie Act. and thdt such liousins \till be abailshlc in the =me rmge of choices 10 311 Guch dijpl;.ced pzrsons regardless of their rate, color. religion, nation31 oiizin. SCL or soilrce of income; (ii) '(jv) -(v) Inform alfected persons of the bcnefits. policies, a11d procedure; provided for under iIUD iegulations; anti Carry out thz relocation process in soch a n~anncr as lo pruiide wch displaced persons with unirorm and consistent scr\ices. iniludin: any szrvices required to insure that the relocation process does not rcsuit in different or >?parate tri'htmcnt to sucli displired persons on account of their race, color. reIi:,ion, national origin. scs. or source of incorne. . It will c~t~.blish s3frzcmls to prohibit emPloyees from Using positions fo: a purpose thit is or gives the appzarancz of being motivated by 2 desiie for private gain for themselves or others. particulnrly those \pith \\horn they have fsmily, business, or other tiei It will coniply \kith the pro\i<ions of the lIatclr Act which limit thz po!iiical activity of.employers. (16) It will pivc HUD 3nd the Conptroilrr Gcn:r.d throiigli any 311thorized reprexntative access to and the right to examine all rceords, books, p3p2ij. or docunlcnts related to the grant.