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HomeMy WebLinkAbout1976-12-21; City Council; 4042; Third Year Housing & Community Development Block Grant. :-41� CITY OF CARLSBAD AGENDA BILL NO.�i D cember 21 1976 Initial: Dept.FId. �}- e DATE: C. Atty. DEPARTMENT: PLANNING C. Mgr. — Subject: THIRD YEAR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT Statement of: the Matter The City has participated in the Community Development Block Grant Program for the past two ,years as a non -entitlement City in the Sin Diego County application. In the past, the County has allowed the City to select pro- jects based on the local needs assessment. This year, however, the County Staff has proposed to the Board of Supervisors that all of the Urban County HCD monies be used for housing and housing -related activities. Prior to taking action on this proposal, the Board of Supervisors has asked for comments from all non -entitlement Cities. Carlsbad has been asked to respond by December 23. The City must, as in the past, execute the necessary Cooperative Agreement and Assurance Forms to participate as a non -entitlement City in the third year Urban County application. Executil,.i of these agreements does not obligate the City to a specific course of action with regard to project selection. Exhibits: Memorandum from the Planning Department dated December 16% 1976 Cuoperation Aqreement HUD Assurances Form Recommendation: That the City Council forward a letter to the Board Supervisor statinq their position on the third yeard HCD funding as outlined in either Alternative 01 or Alternative #2 of the attached staff memorandum. That the City Council authorize the Mayor and the City Attorney to execute the Cooperative Aqreement and Assurances Form for participation in the third year San Dieqo County Housina and Community Development Block grant application. Council action 12-21-76 It was agreed that the City convey to the Board of Supervisors the City would follow Alternate #2 set forth in Memorandum dated December 16, 1976 from the Planning Department. 1-4-77 The Mayor and City Attorney were authorized to execute the Cooperative Agreement and Assurances Form for participation in the third year San Diego County Housing and Community Development Block Grant application. 1 1 MEMORANDUM i December 16, 1976 T0: CITY COUNCIL FROM: PLANNING DEPARTMENT i SUBJECT: Housing and Community Development Block Grant. FIRST AND SECOND YEAR GRANTS The City has participated for the past two years as a non -entitlement city under San Diego County's Housing and Community Development Block Grant Program. Of the two first year HCD projects, the wheelchair ramps have been completed and renovation of the Magee House is under- way. The second year HCD projects (renovation of the Harding Street Community Center, installation of lights and landscaping at -Chase Field, and construction of Inner City sidewalks) have been funded and are going through environmental review and contract preparation. THIRD YEAR GRANT The County Staff has proposed that the Board of Supervisors sttake a different approach with third year HCD funding. In the entitlement cities were allowed to use their share of the HCD al- location as they deemed fit, providing that the projects met the requirements of the act. This year County Staff has proposed that all of the $4 million urban county allocation be devoted to housing and housing -related activities, and distributed on the basis of need. The county's recommendation stems, in part, from recent court cases and HUD communiques which have established that: 1) Housing is the main focus of community development activity. 2) All projects must benefit low and moderate income people. 3) Housing Assistance Plans (required as part of the HCD application) must be serious statements of intent. 4) The Board of Supervisors of an urban ccunty is responsible -cr the content of the entire application. THIRD YEAR PROGRAM PROPOSAL The County Staff's proposal for third year funding is that the entire Urban County allocation be devoted to the following four projects: -1- 1) Residential rehabilitation- Loan subsidies and/or grants; 2) Sites for new construction - Land write down or lease back for developers building rental units for low income persons; 3) Capital improvements - Site improvements and Nublic facilities in conjunct-io —with—rehabilitation or new low income construction; 4) Planning and housing program develo_�ment - Techniques for reducing development costs. The cts be red he percentage�oftfunds nallotedhow eto eachse eprogram lhas not �been eo made yet. The Board of Supervisors has asked that, prior to taking action on the proposal, non -entitlement cities be consulted. The main issues which affect Carlsbad, as a non -entitlement city are: 1) Equity of distribution- The County Staff proposes that the grant be distributed eased on need and a jurisdiction's ability to effectively use the grant. There is no guarantee Carlsbad would receive the expected $103,000 which it is allotted by HCD distri- bution based on population and poverty index. However, conceivably Carlsbad could receive more than its "fair share" allocation. 2) Local selection of projects - The County Staff's proposal pre-empts the local agency's ability to set its own project priorities. Carlsbad could make the case that the city's lo%i income housing goals are being actively pursued and that other activities serving the area's low and moderate income citizens are a greater priority. 3) Housing program allocation - The proposal does not specify what proportion of the funds are to be appropriated for each of the four housing -related programs. Thus, there is no guarantee that the program allocations would coincide with Carlsbad's needs (e.g., Carlsbad might determine that residential rehabilitation is the greatest local need, whereas the County might allocate the majority of funds for land write down or leaseback.) RECOMMENDATION: Staff recommends that the City Council respond to the Board of Super- visors request for comments in one of the following ways: ALTERNATE rl The Council may inform the Board that Carlsbad wishes to receive its "fair share" allotment and to maintain project selection authority as in the past. The Council could point out that the City already has an active housing assistance program and that there are other pressing needs in the community which are eligible for HCD funding. This action would not prohibit the County or other non -entitlement cities from pursuing housing activities as proposed. -2- ALTERNATE #2 The Council may inform the Board that Carlsbad concurs with the pro- posal for allocating all HCD monies for housing and housing related activities, providing that: DHW:ar 1) Carlsbad would be assured of receiving benefits equal to or greater than the $103,000 expected to be allotted to the City based on HUD calculations; 2) Carlsbad would be given the flexibility to use those housing monies on any or all of the four programs proposed, as deemed necessary by the City. -3- i ­1 COUNTY OF S A N DIEGO OFFICE OF MANAGEMENT AND BUDGET• 1600PACIFIC HIGHWAY SAN DIEGO, CALIFORNIA 92101 TELEPHONE (714) 236-2006 CLIFFORD W. GRAVES ASSISTANT CAD / OFFICE OF MANAGEMENT AND BUDGET jJf Y December 14, 1976 Mr. Robert C. Frazee Mayor of the City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mayor Frazee: BOARD OF SUPERVISORS JACK WALSN /IRST DISTRICT DICK BROWN SGCONO DISTRICT LOU CONDE TMIRD DISTRICT JIM BATES FOURTH DISf RICT LEE TAYLOR FT. 0ISSTRICTSTRICT Pursuant to Federal Housing and Urban Development Regulations, 24 CFR, Parts 570.105 and 570.102, I am hereby notifying the City of Carlsbad of your right not to be included in San Diego Urban County's 1977 Third -Year Community Development Block Grant (CDBG) Application, and of the need for execution of the attached Cooperation Agreement if Carlsbad chooses to participate with the County. Assuming Carlsbad chooses to participate in San Diego County's Third - Year CDBG Application, the attached "Cooperation Agreement between the County of San Diego and City of Carlsbad" must be approved by your Council and returned for action by the Board of Supervisors no later than January 11, 1977. That will allow time for Board action and transmittal to HUD by the February 1, 1977 deadline. You will note that the Cooperation Agreement also requires execution of HUD "Assurances" Assurances form HUD 7015.12 by your mayor and city attorney. A copy of HUD 7015.12 is also attached. Neither the Cooperation Agreement nor the Assurances are substantially changed from those of the first or second -program year. You should specifically note that Carlsbad cannot be beneficiary of urban county CDBG funding if the city chooses to withdraw. If the city does so choose, notification of that choice should be in writing, from your chief executive officer and submitted to the HUD area office no later than February 1, 1977. If I can be of help in this regard please don't hesitate to correspond. Yours truly, , rn ES S.WIL 05 N, Jr sing and Communi y velopment Director JSw:sHC:ee Attachment / cc: City Manager ✓ A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND TELSUY OF ARL cR n_— FOR A C01IMUNITY z DEVELOPMENT PROGRAM THIS AGREEI—TNT is made and entered into this day 19 , by and between. the County r^ � of San Diego, a political subdivision of the State of Ca"ifornia, hereinafter called "County", and THE CITY OF CARLS a =,,;cipal corporation of the State of California, located ,, in the County of San Diego, hereinafter called "City". 14I THE S S ETH: Recital A. In 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act''. The said Act i.3 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 programs 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 development of metropolitan cities and urban counties or communities by providing financial 12-_3-76 JM:kd assistance annually for area -wide plans and programs of public housing, public services and public worts. Recital C. The County of San Diego has heretofore re —quested of the Department of Housing and Urban Development h a= it be qualified as an urban county and thereby become el-gible for financial entitlements to receive Housing and ;;o unity Development Block Grant funds . Pursuant thereto, tea County has been informed preliminarily, subject to final determination, that it will qualify as an urban county and b€ eligible for funds. Recital D. The Housing and Community Development Block Grant Regulations issued pursuant to the Act (the Regulations) provide that qualified urban counties 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 be^ca;e a part of a more comprehensive County effort. Recital E. As the applicant, the County must take the r full responsibility and assume all obligations of an applicant under the statute. This includes the analysis of i a needs, the setting of objectives, the development of communtty j development and housing assistance plans, the one-year community development program, and the assurances or certi- fications. -2- NOW THEREFORE, in consideration of the mutual promises, parties agree recitals and other provisions hereof, the p g as Follows: ? 1. The parties agree to cooperate in undertaking, or assisting in undertaking, essential coYrmunity development and 'sousing assistance activities, specifically urban re-e:ya1 and publicly -assisted housing. 2. The City agrees that it shall be included in the 1 an -,)''cation the County shall make to the Department of Housing and Urban Development for Title I Housing and Cc -=.unity 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 rroject or projects or other activities to be conducted or performed within the City the plan of which Ghat! be included it: the aforest i.d 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 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 -3- shall thereby become legally liable and responsible thereunder £o the proper performance of the plan and program. The City aa:aes that it shall fully cooperate with the County in all cooperative effort 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 t:e Act and its Regulations. 6. The City agrees and does hereby commit itself to ndertake, conduct or perform or assist the County in L-:;ertaking, conducting or performing the essential co -.,unity development 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 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 third program year under the application which will conm►ence on the date of HUD approval of the County's application and shall run for 12 consecutive months there- -4- ,� • � i • f after except when modified under the provisions of the � Regulations. It is anticipated that the said application i i will be approved prior to August 1, 1977. All subsequent periods of performance hereunder shall be agreed to by written cation of this Agreement, fully executed by the La= ties. 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 , cf complying with any gran agreement received or the regulations - � issued pursuant to the Act. 10. The Mayor 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 ssurance form for submission to HUD. purposes of executing an A 11. All records of the City respecting this application and any projects undertaken pursuant thereto shall be open ; and available for inspection by auditors assigned by HUD y and/or the County on reasonable notice during the normal business hours of the City. -5- - IN WITNESS VIHEREOF, the parties have caused this } Cooperation Agreement to be executed this day of l9 r ii,_s Agreement is appr oved COUNTY OF SAN DIEGO as to form and legality an! it is hereby certified By t the AgreeMent is in accordance with State and local law. DONALD.L. CLARK, County Counsel ATTEST: By Deputy By i � i roved as to form and THE CITY OF CARLSBAD — legality by BY OBERT C. FRAZEE MAYOR j Cityy Attorney} VINCENT F. BIONDO, JR. ATTEST: By MARGARET E. ADAMS City CAR S .__._._.--- Clerk 4= -6- U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ASSURANCES The applicant hereby assures and certifies with respect to the grant that: (1) it postesws legal authority to apply for the grant, and to e\ecute the proposed program (2) Its guteming body has duly adopted or passed as an offiaa act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurance$ conwined therem, and diiccting and dcagnating the authorized teptesentatty: of the applicant to act in connection with the application and to provide such additional information as may be required. (3) It has complied with all the requirements of OMIt Circular No. A•95 as mortified by Sections 570.300(c) (for entitlement applicants) or 5 70.400(d) (for discretionary applicants) and that either (t) any comments and recommendations made by or through clearinghouses are attached and have been considered pilot to submission of the application: or (a) the required procedures have been followed and no comments or recommendations have been received. (4) Prior to submission of us application, the applicant has: (i) ptovI&d citizens with adequate information concerning the amount of funds available for proposed community development and housing activmes, the range of activities that may be under taken, and other important program requirements; (ti) held at least two pubhc hearings to obtain the views of citizens on community development and housing needs; and (tit) provided citizens an adequate opportunity to articulate needs, express preference$ about proposed activities, assist in the selection of pilorities, and otherwise to participate in the devrlopment of the application , (5) its Will executive officer of other officer of applicant approved by IIUD: (i) Consents to assu.-r the status of a responsible Federal official antler the NationalEnvironmental wint � FR icy Act o )7; and 1969 Imofar as L4e ;rovLtto:s or such Act apply to the applicant's proposed program P Is authorized and contents on behalf of file applicant and himself to accept the Jt:L+dtction of the Federal coasts for the pu.•pase of edcreeaent of Ins responsibilities as such an official. (6) The Community Devtlopatcnt Prog:am has been developed so as to give maximum feasible priority to activities which will benefit low or moderate income families or aid it% the prevention of elimination of slums or blight. Where all or Part of ies we ed to meet her ent needs having 3 particular urgency. such needs t Pe Specificallytdesenb described a application tunder rthe Communitunity y Development Plan Summit). l7i lcomply the regulations, sof Federal atas 74-t and It ssistd pogm 74.?,ac heyrelate totheappl-c3lion�cccptancc and use Fvdrral funds rot his federally (8) It udI administer and cnfo� :c the labor stindards requirements set forth in Section 570.605 and HUD regulations issued to imphrn:nt such to uvemtnts. (9) it will cornply with all rcqu tements unposed by IIUD concerning sptcial rtqufremerts of law, program requitnment; and other adutinistralivc Ie"s uemcnts appimed In accordance with federal Management Circular 74.7. (10) It will comply with Ilia provuj, Ili o1 E\tcutive Order 11296, rolating to evaluation of flood bazards (Ill it will comply with, (t) Title Vl of the Qv,l Rights Act of 1964 (P L 88JS2) and the regulations issued putstunt thereto (24 CFR Pall 1). which vtOVU!.s that no person in the United State% shall on the ground of race, color, or national origin, be e\cluecd tram participation In. Le denied Ilia benefits of, or be othcnv,se subjected to discrimination under any progtan or activity for which the applicant rectwes 1'Ldel.tl financial assistance and will immediately rake any measun t neceawry w e[(ectuate Chit asswance. If any real property of structure thereon is providcd or unproved with %Artilaid of ectuatl financial ranee. ce e\tendcd to the applicant, this assurance shall obligate the arplicant, of in the case of an) ttanvfer of such pruperty. any transferee, for the period during which the teal ,ucpelty or structure a used for a purpose for which the Federal financial assistance is extruded or fur another purpose in+ulang the p•ovlsion of similar services or benefits. II of the Civil Rgthts Act of 1968 (P.L 90.284) as amended, administering all programs and activities Title VI relating to housing and community rle+elupmtnt m a manner to afrtimativcly further fair housing. and will take acnon to attirmativeiy further (art homing in the stir tit rental of housing, the financing of hominy, and the pto+ision of broke:aje senates within the Applwani s junsdlcttun. HUD•7015.12 (11.75) r . (iii) Section 109 of fire housing and Community Development Act of 1974. and the regulations issued pursuant thereto (24 CFR 570601), which provides that no parson in the United States shall, on the ground of race, color, national origin of sex, be es.eluded from participation in, be denied the benefits of, of be subjected to discrimination under, any program or activity funded in whole or in part with Title I funds. (iv) 6accutive Order 11063 on equal opportunity in housing and nondiscrimination In the sale or rental of housing built with Federal assistance. (v) Esecutive Order it 246. and all tegulatiol s issued pursuant thereto (24 CFR Part 130), which provides that no person shall be discriminated against on the basis of race, color. tehgiun, sex of national origin in all phases of employment during tire performance of Federal of federally • assisted contracts. Such contractors and subconuactors shall take affirmative cation to insure fair treatment in employment, upgrading, demotion, of transfer; recruitment or recruitment advertising; layoff of termination, rates of pay or other forms of compensation and selection for training and apprenticeship. (vi) Section 3 of the Ilousing and Urban Development Act of 1968. as amended, requiring that to the greatest extent fusible oppottuni:ks for twining ant employment be given lower Income residents of the project cats and contracts for work in connection with the project be awarded to eligible business concerns which ate located in, or owned in substantial part by, persons residing in the area cf the project. (12) It will: (1) In acgalydna rent property in connection with uhe eorrsra+ntty dave'CPtals lion potkln seent block grant ot�w urxden*4 be ruSecl on the 301 greatest extent practicab!e under Stale Law. by the real property qu of the Uniform Relocation Assistaxe and Real Property Acquisition Policies Act of 1970 (P. L 91.6 *) and the provisions of Section 302 thereof: (ii) Pay of fe)mbufss property owners for ncccssuy expenses as specified in Section 303 and 303 of the Act; and (III) Infotm affcctcl persons of the benefits, policies, and procedures provided for under HUD regulations (24 CFR Part 42). (13) 1t will: (i) Provide fair and reasonable «location payments and assistance s i accordance with Sections and applicable and 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of I970 and applicable HUD regulations 424 CI'R ?art 42), to or for farnllics, individuals, partnerships, corporations or associations /ltsplaced as a result of any acquisition of real property for an activity assisted under the program; ices d in Section 5 of the Act o such laced (t)I famili sjindoiduals,sistancepartnershipsyorporatiomi nshorscry assoch ionsiin the manner provided under sapplic applicable HUD regulations; (Iii) Assure trial, vsittsin a reasonable time prior to displacement, decent, safe, and sanitary replacement dwellinns will be available to such displaced families and Individuals In accordance with Section 205(c) (3) of the Act, and that such housing will be av-.sdlablc in the same range of elioiees to all such dbpbced persons tegatdless of their race, color, religion, national origin, ser, of source of income; (is) Inform affected persons of the benefts, policies, and procedures provided for under HUD regulations; and (v) Carty out the relocation process in such a manner as to provide such displaced persons with uniform and consistent services, including any services required to Insure that the relocation process does not result in different or acparate treatment to sects displa:ed persons on account of their race. color, teliglon, national origin, sce, ur sourca of income. yees om ic that is or gives he I'llealls Cc Of (14) It beinglmotivated by 3 dtshe forrprivateega nnfor h ermselvessOf others. P'.uticula lyothose with ho nt they have family. business, or other ties (15) It will comply with the piovisfonsof the hatch Act which limit the political activity of employees. (16) It Will all records, booive b and the Or d Comptroller General to :ughhe any authorized representative access to and the tight to ex-imine itlat TKE CITY OF CARLOAD 14AYOR CITY A^_ORUDY ROBERT C. FRAZEE VINCENT F. BIONDO, JR. 1 RESOLUTION NO. 5032 n A RESOLUTION OF THE CITY COUNCIL OF TIIE ; CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SAN DIEGO URBANIZED AREA FEDERAL AID URBAN MULTI -YEAR PROGRAM LIST. 4s 5 BE 1T RESOLVED by the City Council of the City of Carlsbad G as follows: 7 1. That the San Diego Urbanized Area 1976-78 Federal Aid 8 Urban Multi -Year Program List, dated January 13, 1977, is hereby }g} 9 approved. ' 10 PAgSEP, APPROVED AtiD ADOPTED at a regular meeting of the 11 Carlsbad City Council held on the 5th day of April 1977 12 by the following vote, to wit: 13) AYES: Councilmen Frazee, Lowis, Skotnicki, Packard -nd Councilwoman 14, NOES: None. 15 ABSENT: None. 16 r 17 f ROBER'_, C. FRAZEE, MayoY 3.8 19 WEST: 20 21 ORA X. GARDINER, Deputy City Clerk i 22 (SEAL) F 23 i 24 25 26 i 27 28 y I 1 RESOLUTION NO. '5031 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 THE REVISED SAN DIEGO URBANIZED AREA FEDERAL AID URBAN PROGRAM PROCEDURES.' 5 BE IT RESOLVED by the City Council of the City of Carlsbad 6 as follows: 7 1. That the revised San Diego Urbanized Area Federal Aid 8 Urban Program Procedures, dated February 10, 1977, (Version 5), is 9 hereby approved. 10 PASSED, APPROVED AND ADOPTER at a regular meeting of the 11 Carlsbad City Council held on the 5th day of April , 1977 12 1by the following vote, to wit: 13 AyES; Councilmen Frazee, Lewis, Skotnicki, Packard and CouncilwomanCasler. 14 NOES: None. 15 ABSENT: None. 16 17 1$ ROB RT C. FRAZEE, May r 19 20 :I TEST: *� 21 22 ORA Y. GARDINER, Deputy City Clerk 23 (SEAL) 24 25 26 27 28