HomeMy WebLinkAbout1984-08-21; City Council; Resolution 77123
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RESOLUTION NO. 7712
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A THREE YEAR
COOPERATION AGREEMENT WITH THE COUNTY OF
DIEGO FOR THE PARTICIPATION IN THE HOUSING
AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
SAN
WHEREAS, the County of San Diego has requested that the City
of Carlsbad express its intent to participate in the Housing and
Community Development Block Grant Program for the next three years;
Carlsbad desires to
and
WHEREAS, the City Council of the City of
express its intention to participate;
NOW, THEREFORE, BE IT RESOLVED by the Ci-y Council of the
City of Carlsbad that the Cooperation Agreement attached hereto and
incorporated herein as though fully set forth is hereby approved
and the Mayor of the City of Carlsbad is hereby authorized to
execute the document.
BE 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 Certifications Form.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Zouncil of the City of Carlsbad, California held on the 21st day
)f August, 1984, by the following vote, to wit:
AYES :
NOES : None
Council Wn-bers Casler, I;ewis, Kulchin and Prescott
ABSTAIN: Council Mmkr Chick
iTTEST :
(SEAL)
A COOPERATION AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND THE CITY OF CAIUSBAD
FOR A COI?MUKITY
DEVELOPMENT PROGRAM
THIS AGREEMENT is made and entered into this day of
, 19-, by and between the County of San Diego,
a political subdivision of the State of California, hereinafter
called "County", and
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 legislation relating to Federal involvement in a
wide range of housing and community development activities and
contains eight separate titles.
Recital B. Title I of the Act is entitled, Community
Development, and consolidates several existing categorical pro-
grams for housing and community development into new programs
for such housing and development under block financial grants.
The primary objectives of Title I are the improvement and deve-
lopment of metropolitan cities and urban counties or communities
by providing financial assistance annually for area-wide plans
and programs of public housing, public services and public works.
Recital C. The County of San Diego has heretofore
requested of the Department of Housing and Urban Development
that it be qualified as an urban county and thereby become
,c
eligible for financial entitlements to receive Housing and
Community Development Block Grant funds. Pursuant thereto,
the County has been informed preliminarily, subject to final
determination, that it will qualify as an urban county and be
eligible for funds.
Recital D. The Housing and Community Development Block
Grant Regulations issued pursuant to the Act (the Regulations)
provide that qualified urban countkes must submit an application
to the Department of Housing and Urban Development for funds and
that cities and smaller communities within the metropolitan area
not qualifying as metropolitan cities may join the County in said
application and 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 analysis of needs, the
setting of objectives, the development of community development
and housing assistance plans, the community development program,
and the assurances or certifications.
NOW THEREFORE, in consideration of the mutual promises,
recitals and other provisions hereof, the parties agree as
follows:
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1. The parties agree to cooperate to undertake, or
.r assist in undertaking, Community renewal and lower income 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 Housing and Community Development
Block Grant funds under the above recited Act.
3. The City shall prepare or work with 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 included in the aforesaid application.
4. The County agrees to include the City in its application
under the Act and to work with the City in the preparation of the
detailed project or projects or other activities to be conducted
or performed within the City pursuant to the application.
5. The County is hereby authorized to carry out activities
which will be funded from annual Community Development Block Grants
from Fiscal Years 1985, 1986, and 1987 appropriations. 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 L
and program. The City agrees that it shall fully cooperate with the
County in all things required and appropriate to comply with the
provisions of any Grant Agreement received by the County pursuant
to the Act and its Regulations.
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6. The City agrees and does hereby commit itself to under-
take, conduct or perform or assist the County in undertaking, con-
ducting or performing the essential community development and
housing assistance activities identified in the plan and progran
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 or activities; provided, however, that a different
distribution may be made when necessary to comply with Title I
of the Housing and Community Development Act of 1974.
8. The period of performance of this Agreement shall be
for the Eleventh, Twelfth, and Thirteenth Program Yea-rs under the
application which will canmence on the date of HUD approval of
the County's application and shall run for 36 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, 1985.
performance hereunder shall be agreed to by written modification
All subsequent periods of
of this Agreement, 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
or necessary to implement a detailed and formulated plan and
program as contemplated hereunder or for the purpose of
complying with any grant agreement received or the regulations
issued pursuant to the Act.
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10. The Mayor and City Attorney are hereby authorized to
execute and submit to the County of San Diego the HUD Certification
Form with respect to the community development activities carried
out within the boundaries of this City. It is further understood
that the County will rely upon the Certifications executed by the
Mayor and City Attorney for purposes of executing a Certification
Form for submission to HUD.
11. All records of the City respecting this application
and any project undertaken pursuant thereto shall be open and
available for inspection by auditors assigned by HUD and/or the
County on reasonable notice during the normal business hours of
the City.
12. Parties shall take all required actions to comply
with the provisions of Title VI of the Civil Rights Act of 1964,
Title VI11 of the Civil Rights Act of 1968, Section 109 of Title
I of the Housing and Community Development Act of 1974, and other
applicable laws.
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IN WITNESS WHEREOF, the parties have authorized this Cooperation
Agreement and direct its execution by their respective chief
executive officers this day of
The terms and provisions of this
Agreement are fully authorized under
State and local law and the Agreement
provides full legal authority for the
County to undertake or assist in under-
taking essential community development and housing assistance activities, specifically urban renewal and public
assisted housing.
LLOYD M. HARl4ON, JR. county Counsel
BY Deputy
Approve+
by v
B
City Attorney
ATTEST:
cu City Clerk
COUNTY OF SAN DIEGO
BY Chairman of the Board
of Supervisors
ATTEST: PORTER D. CREMENS,
Clerk of the Board
of Supervisors
BY Deputy
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.. . CEWfIFICATICBS
The grantee certifies that:
It possesses legal authority to make Ei grant submission. and to execute a
community development and housilng program; -.
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Its governing body has ddy adopted ur passed es an official act 8 res.olu'Liw,-. - motion or similar action authorizing the person identified as the 0": LITCi3 -
representative of the grantee to submit the final statement md pri understandings and assurances contained therein, end directing end Euthori&--
the prson identified as the official rqresentative of the gr&tee to ect fn connection with tSe submission of the fir@ stetement end to proviZ, = such additional information as may be required;
Prior to submission of its final statement to HUD, the grantee has:
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(1) met the citizen participetioq requirements of § 5?0.30f(aX2) rrr,d
provided citizens with: - . *- .- .... : .
(A) the estimate of the mount of CDBG funds prop-& to k U&
for activities that will benefit persons of low and m&erz';e
income; and
03) its plan for minimizing displacement of persons as a redt of
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* activities assisted with CDBG funds and to assist persons actmy
prepared its final statement of community development objectivs &
projected use of funds h aceordence with § 570-301(a)(3) and mede a=
displaced as a result of such activities;
(2) -
. .- find statement available to the public; .
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-. ~- .- (d) The grant will be conducted and administered in compliance with: .
_. - .,
(1) Title VI of the Civil Rights Act of 1964 (Pub. L- 88-352; 42'E,S.C, 290~d
et sen.); 8nd
(2) Title VIE of'the Civil Rights Act of 1968 (Pub. L- 90-284; 42 U&C, 3601 et 3.1; - --
(e) It wiU affirmatively further fair housing;.
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D -1 February 1984 . '?
(f) It has developed its final s-etenont of projected use of fmLs so es to E;fve -
magmum feasible priority to ectivities which benefit low end m&e~te income - famFlies oi' eid in the prevention of &min&tion of slums or blight; {the
statement of projected use of fur& ney ril.0 include activitis which az - -
-tee certifies are designed to meet other community develogaeni having e. particular urgency beeLrrs2 existkg confitions pose 8 seriots md immediate threat to the health or welfzre of the community, and other 5-c-d resources are not ava&bIe); except that the aggregate use of CDSG gm
received under section 106 of the Act 4, if epplieable, under section If18 of =e
Act, Ming (8 period wifizd by the grantee cons-ktir~ of i,~, - -
or 3 program years), SM princip&y benefit persons of low end ndere~c --- -.
income in a manner that ensures tkat not less then 51 percent of such f~q& I
It has developed a community deveiopnent phi, for the period swcZi& in pma,orph (f) above,. that identirYes community development md ho&ip~ ne=&
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used for activities that benefit such psom king such period; . - . - -_ - -
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It is following a current housing asststace pm which has been epprovd b~ ~m c pursuant to § 570.3qS; . - -.
It will not attempt to recover my cepi*sl costs of public improvznents in whole or in part with fun& provic?& unda section 10s of the Act or ~9~3 z"mts resulting from a guamrite5 ur,2er section 108 of the Act by --icg
my amount against properties OWR& and occupied by persons of law md moderate income, including any fes chsged or esessment made ps a condison of obtaining'access to such public hpmvenents, unless: (1) €una rec&v& under section 106 of the Act are used to pay the proportion of: such Zee w
assessment that relates to the epital costs of such public improvemene thet &-e
financed from revenue sources other t'len under Title I the Act; or (2) for purposes of assessing any amomt asnst properties owned and occupied by : -
~~ZSORS of low and moderate income who ere not p-ersons of low Incone, me
grantee certifies to the Secretery that it lacks sufficient fun& receivd ~5- 1 -_
section 106 of the Act to comply with tke requiren en% of subpmegxph (Q md :=---- :
It will comply with the other pxwXors of the Act and with 0th- apgI.iceble .- _-
kWS.
CITY OF CAlUSBAD -
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- CITY ATTORNEY
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