HomeMy WebLinkAbout1977-10-18; City Council; 3542-5; Cooperation Agreement Between the City of Carlsbad and the County of San Diego for Participation in the Fourth Year Community Development Block Grant ProjectCITY OF ` RLSBAD
AGENDA BILL
DATE• OCTOBER 18, 1977
DEPARTMENT: CITY MANAGER
Initial:
Dept. Hd. _
City Atty
City Mgr.
OBJECT: A COOPERATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE
COUNTY OF SAN DIEGO FCR'PARTICIPATION IN THE FOURTH YEAR COM-
MUNITY DEVELOPMENT DrOCK GRANT PROJECT.
T 7E14ET4T OF THE MATTER
REQUEST:
The City has participated in the Community Development Block Grant
Program through the County of San Diego's Urban County application
for the past three years. This has been necessary due to the pop-
ulation of the City and the fact that the Federal regulations pre-
clude a City of less that 50,000 from participating directly in the
program.
The County is beginning it's fourth year application process and is
requesting that the City execute documents necessary to allow early
transmittal of the applications to N.U.D. The documents attached are
standard forms as utilized in past City Council applications.
The precise content of the application package will be determined
by Council following the public hearing and citizen input processes
utilized in the past three applications.
EXHIBITS:
Letter and package from James Wilson, Jr., dated 10/3/77
Resolution No.
RECOMMENDATION
if the City Council wishes to participate in the Fourth Year Com-
munity Development Block Grant Program, it should adopt Resolution
No., 2 39
Council Action:
10-18-77 Council adopted Resolution No. 5239, approving a Cooperation
Agreement between the City of Carlsbad and the County of
San Diego for participation in the Fourth Year Community
Development Block Grant Project and authorizing the Mayor
to execute said agreement.
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FORM PLANNING 73
3. RESOLUTION NO. 5239
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COOPERATION
3 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE #°
COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE FOURTH
4 YEAR COMFIUNITY DEVELOPMENT BLOCK GRANT PROJECT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
5
The City Council of the City of Carlsbad, California, does 4
6
7 hereby resolve as follows:
8 (1) That a cooperation agreement between the City of Carlsbad
and the County of San Diego for the fourth year Com-
munity Development Block Grant Project, a copy of which
is attached hereto as Exhibit "A" and made a part hereof,
10 is hereby approved. '
(2) That the Mayor and City Attorney are hereby authorized
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and directed to execute said agreement and assurances
for and on behalf of the City of Carlsbad.
12 PASSED, APPROVED AND ADOPTED at a regular meeting of the ;
13
14 City Council of the City of Carlsbad, California, held on the
lg�_day of (lrtnhar —, 1977, by the following vote, to
15 '
16 w.f t :
17 AYES: Councilmen Frazee, Lewis, Packard and Skotnicki
18 NOES: None
19 ABSTAIN: None
20 ABSENT: Councilwoman Casler
21
R BERT C. FRAZEE, Mayq•
22
23 _
24 I
25
WIMIARRrrE.26 ADAMS, i t y Clerk
o '
27 ,(SEAL)
28
A COOPERATION AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND CITY OF CAP.LSBAO
FOR A CO1%1MUNI`l'Y
DEVELOPMENT PROGRAM
THIS AGREEMENT is made and entered into this 18th day of
_ October , 19 77 , by and between the County of San $
Diego, a political subdivision of the State of California, herein-
after called "'County", and the City of Carlsbad , a
r.
municipal corporation of the State of California, located in the r
County of San Diego, hereinafter called "City."
wI TN ES SE TH:
Recital A. In 1979, the T1.7 'Zongress enacted and the
President signed a law entitled, The Housing and Community De- Ix
velopment Act of 1974, herein called the "Act." The said Act is A
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 i
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 assistance annually for area -wide plans and programs of
public housing, public services and public works.
4
Recital C. The County of San D.igo has heretofore
requested of the Department of Housing and Urban Development
that it be qualified as an urban county and thereby become
{
eligible for financial entitlements to receive Housing 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 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
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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 one-year 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 in undertaking, or
assisting in undertaking, essential com-nunity 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 Housing and Community Develop-
ment 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. s
b
4. The County agrees to include the City in its applica-
tion 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.
S. 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. The City
agrees 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 the
Act and its Regulations.
6. The City agrees and does hereby commit 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 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 fourth program year under the application which will
commence on the date of IIUD approval of the County's application
and shall run for 1Z 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 be agreed to by written modification 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 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 Assurance
form for submission to HUD.
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11. All records of the City respecting this application
and any project undertaken pursuant thereto shall be open R
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and available for inspection by auditors assigned by HUD
and/or the County on reasonable notice during the normal
business hours of the City. j
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IN WITNESS WHEREOF, the parties have caused this
Cooperation Agreement to be executed this 18thday of
_ nr_t^hpr. 1977 +
This Agreement is approved COUNTY OF SAN DIEGO
as to form and legality
and it is hereby certified
that the Agreement is in
accordance with State and By
local law. Chairman of the Board o supervisors
DONALD L. CLARK, County Counsel
By -
Deputy
Approved as to form and
legality by
City Attorney
ATTEST:
City
•Clerk ,
ATTEST: PORTER D. CREDIENS, Clerk
of the Board of Supervisors
By Deputy
THE CITY OF Carlsbad. California
By
ROBERT C. FRAZEE, rlayo4
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U.S. DEpAHrmw OF 11UUSIVG ANO WOAN UWt:LUr'Mt:NI
ASSURANCES
The applicant hereby as%utes and certifies with respect to tt:c grant that: s
(I) It posseet< c Jcgal �uthotity to apply for file grant, and to ccecute th:'ysropo, d program.
(2) Its ►: wining body has duly adopted o: pasa:d as an o ffscial act•a tasolution, motion or similar action aulhofiziny, the
filin t of tilt application. in. -tiding all uadcrstandines and assutances eontaiacd therein, and ttitectin, and designating
the aullsorized representative of the applicant to act In connection with the application and to p:oAdc such addRionit
Information as may be required.
(3) It has complied with aft the requirements of OSiB Circular NO. A•95 as ntodittt:d by Sections 57O,300(c) (for
entittemeht applicants) or 570.400(cl) (for discretionaty applicants) and that either
(1) any comments and recommendations made by or through cieatinghouscs we attached and have been considzted
prior to submission of the application; of
({i) the sequined proeedutes have trey followed and no comments or recommendationshave been received.
(4) Prior to submission of its application, Cite applicant this:
(i) provided citttens with adequate information conrrn{ng the amaun% of funds available for proposed community
development and housin.It activities, the tame of activities that may be undettalten. end other important program
icquirements;
(ii) held at East two public hearings to obtain the views of citizens on community d:velopment and hausinS needs;
and
(ii{) provided citizens an adequate opportunity to atticutjta needs. express prefetences about proposed activities,
assist in the selection of priorities, and otherwise to pattisipite in the development of the application.
(5) • Its chief c.%ccul{ve officer of other offictr of applicant approved by IIUD:
(i) Convents to assist" the stattsa of a responsible Fede: at official under the National Env Sotunt ualitlola'4 CFR Act cr3; and
• I969 Insolsr as the t rovisioa of such Act ;tppty to the ropl{cant:. propated pr Pa
a,
i�
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(is) is nuthuti:ed and colate's an behalf of the appUcan: and hlcaelf to acctp% the jurisdiction of the Federal courts t
for the pa•poc• of criorcement of his responslbtlL`les as such an official; . I
(6) The Community Development Protram his b:tn developed so as tog ise inashmum feasible priority to activit{es which ;
ald its the pres:olion or elimination of slums or blight, Where all of part
will benefit low of moderate income families or f
of ilia community desrolopment pro. -tam activities ate designed to meet other community dwelopment needs having a ,
part{cular ur;ency, such needs are specifically described {a the application under the Community Development ?Ian
Summary. ,
(7) it will comply with t�ie�ttgulit{ons, policies, guidelines and requimments, of Federal N1ana!ement Circulars lad and
tam
74.7. as they relate to the application, aceeptanct and use of Federal funds fot this fedefallyass{stcd Pro-%
(S) It will adminittet and enforce the labor standards requi:a:tents sat forth in Section 570.605 and )CUD teSulations
Issued to implement such tectulrements.
(9) It will ccunp ly with all requhements imposed by IIUD conctcntns•sPtcial requirements of law, pfngwm requirements.
and othcc administ:atilt tesuhrtmcn:s approved In accordance will Federal?lana!ement Cireulu 74.7.
(10) It will comply with the provisions of E\ccutive Order 11295. te111ing to waluatian of QooQ hazards.
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(11) It ss•{ll comply with: '
(i) Title VI of the Chil Itiyhts Act of 1964 (P,L, 811-M) and the tegulitions issued pursuant thereto (14 CFit Patt
a,
1), w{rich pfolides that no person in the United Stites shall on the gtound of face. color. of naflonal origin, be
cNcluded from pattieipation in, be drnied the benefits of, of be othen4sc subjected to disctiminalion under any
pro;tam Q: Whit)' rot which the applicant :calves Fc%ltrat fmaacial assisanct and will immediately tale any
nxasures u:casary to elfcetuite this oa^.flan c. if aay seat prop. -sty or sttuclure theicon is provided of �f
itssprosYd with file aid of Fed:rsl financial assistance extended to the applicant, thic assurance shall oblitatu the
ilt case of any transfer of such p:operty, any transferee, foe fire period duging soh{ch the teal
applicant, or in t
i'fopcity or structure is utad for a purpose for which else Federal financial assistance is extended or for another
purpose ln%obinN the provision of similar s_rr;a or s.•n:fills,
(it) Title Vill of tilt Cisil R{ehis Act of 1968 (P,L, 90•334, as wn:nded, administering all piotrasns and activities
relitir'g to housint and community development in a manna to afCirmat{soh !slither fair hour{n;:and will tala
action to affirmatively further fair ho'lilno in the sale vt rental of houuAaS, the finanein`, of housir,, and the
provision of b.olcta3a swt iceswithin tilt app hcants;urisdsction.
1tUD7015,12 0140
(Ip) S-ci,ou 109 of ttsc Ilu ion; .and C(,.tm%w.i;y W, :up,acni Act or 197 t, and ti•e te,:utations isu:e.t pursuant
thereto (24 Cl R 570 601). which Provides That 11u person in the U. ^:J State; $hull• on the I;round office.
cot. r, nation�t • h o: sex, b- c\ch dcd from participation in, be :J use benefits of, o: be subjected to
• r thtethninition tit .r. airy inclzratn a activity funded in whole o. in p.,1 . with Tr;l_ I funds. "
(tv) Fxccutivc Order 11061 oil c qual ophmitun)ty is Itouving in,, ro•1di,crirliaation in ill.- salt of rental of hausin�
built with I*edc.al assistance.
(v) L\ceut)va Order 112,16, and all rcgtdahuns i,sucd pursuant ti:e:eto (24 CiT Part 130). which provides that ncv
person shall be discri;amattd 333in,t on the basis of race, coio:, ichgion, sex or national otrgtn in x0 phase; of ;
employment dufin3 th- peifosmance of federal or federally - assisted contracts. Such contractors and q,t
subtmhtractors s:1311 tare affirmative action to insure fait trcatra:nt in employment, upgradir.3• demotion, or i
transfer; reeil,dun-nt or recruitment advertising; layoff or termination. rates of pay or o:her turns of i•¢
compensation and selection for trainirif and apprenticeship.
i,
(vi) Section 3 of the Housrrg and Urban Davclopment Act of 1968. as amended, requiting that to th-- greatest extent i 'I
feasible opportunitict for training and carploymaa b,- given lower income residents of the protect area and
contracts for worw in cmvnection with the project be %s.atdcd to chgib!e business concerns which are located in, i
or owned in substantial part by, personsresiding in the aria of the project.
(12) It will: -1
c
(i) In atquirihR real prop rty is connection with Lhr cor=umity de+elopment block LTant Froyfam, tr- goaded to the a
ftcatest extent practicable tat-ler State taw, by the real prop'rty acq,.isitior policies set out under Section 301
of the Uniform Rr!ccation Asoistance and Real Property Acquisition Policies Act of 1970 (P.L. 91.W) and the 3
provisions of Section 302 thereof:
(it) Pay or rcimburs: property owners for necessary expenses as spztified in Section 303 and 304 of the Actland
(its) Inform affected persons of tare benefits, policies, and procedures provided for under HUD regulalions(24 CFR
Part 42). )
s
(13) it will:
0) Provide fair and teasonabte relocation pay menu and assi,taisce in accotdaaca with Sections 202. 203. and 204 of
the Uniform Relocation Assistance and Real Property Acqui,ition Policies Act of 1970 and applicable IiUD
regulations (24 (1 R Part 42), to or for families, individuals, partnerships, corporations or associationsdisplaced
as a icsult of any acquisition of real property for an activity assisted under the program;
(ii) Provide relocation assistance pro$,am%offeriaQ the, scr%n.e5 des;flbetl in Section 205 of the Act to such displaced
fdmilics, indnidu.ds, partnerships, corporations or associations in the manner provided under applicab)eBUD
regulations; `
bu) As%ore that, %%ithin a rcaconsble tinte prior to displicement, decent, safe, and sanitary f-Placement dwellirws will
be available to such displaced famihcs and individua6 in accordance with Section 20S(c) (3) of the Act, and that ;
such hou)int %sill be available in the same range of choices to all such tlupliced persons regardless of their rate,
color, religion, national ori;in, six, or source of income;
(iv) inform affected persons of the benefits, polities, and procedure- iuuvided for under IIUD tegulations;and
(v) Carry out the iclocation psocess in such a manner as to provide such displaced persons with uniform and
cons)stent scniccs, including any s-:vices required to insure that the relocation process does not result in
different or separate tteatmvnt to such dispiv.0 persons on account of their race, color, religion, national
origin. sox, or source of income.
(14) It wit establish safeguards to prohibit employees from using, potitions for a purpose that is or gives the a,ppealance or
Wng motivated by a device for prnate gain for themselves or others, paftieut.uly thou with %%hom they have family,
business, or other ties.
(15) It will comply %%ith the provisionsoC the Iatth Act which limit the pohiial activity of employees.
(16) It %uli give IIUD and the Co,npuoller General through nay authorized representative access to aii,l the right to examine
all fccords• boofis, papers, or documents related to the giant.
THE CITY OF CARI SRAn _
.-C 1 1
MAYOR :-[Ty -R.VTO1;NtqTU
October 19, 1977
Date
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