HomeMy WebLinkAbout1978-11-07; City Council; 5645; Fifth-year Block Grant" CITY OF CARLSBAD P1
Initial
AGENDA BILL N0. _ C y S Dept. Hd. G
c. Atty. J
DATE: NOVEMBER 7 197E C. Mgr.
DEPARTMENT: PLANNING
FIFTH -YEAR BLOCK GRANT
Statement of the Matter
executing a "Cooperation
The County has requested that the City express its intent to pa
ticipate in the Fifth -Year Block Grant Program by
Agreement" and "Assurance o bembet eeThe
moun000fandn$140,000ilable in the
fifth year is estimated
but also
inator r
The attached memoheragreementRedevelopment
to "reserve" fundinecoq, but
that the
Council approve t
notes that the additecessitaterequirement
reconsiderationAatlamlater date.
Housinq
Marketinq Plan may n
Exhibits:
1. Memorandum dated October 27, 1978
2. Resolution
3. Request from County dated October 6, 1978
4. Cooperation Agreement
5. Assurances Form
Recommendation:
s with the Staff report, it should:
If the Council concur
1. Adopt Resolution___5:�---'
and
2, Direct that 21re1g7t on eturned for c Affirmative Fair ion aHousing
na
of November ,
Marketing Plan
..Council action:
11-1-78 COuncil adopted Resolution 5595, approving a cooperation agreement
with the County of San Diego for the participation in the Fifth
Year of thedHo singtandCom utot DemeetveloingnofBNovemberlock n21, 1978m�
and direct Marketing Plan.
JEH:adm with a report on the County Affirmative Fair Housing
10/30/78
MEMORANDUM
DATE: October 27, 1978
TO: Paul Bussey, City Manager
FROM: Jack E. Henthorn, Redevelopment Coordinator
SUBJECT: Fifth -Year HCD Application
The County of San Diego is requesting that the City express its intention
to participate in the San Diego Urban County's 1979 Fifth Year Community
Development Block Grant Program. In the event that the Council desires
to continue to participate, the County requests that the Fifth -Year
"Cooperation Agreement" roorm be executed broved y thencil Mayoreandution and City Attorney.
at
the HUD Assurances Y y
Durinq the past few months there appears to have been an effort on
the part of the County to push the Affirmative Fair tiousinq Marketing
Plan as a condition of release of future funds. The "problems" which
gave rise to this push appear to have originated from a dispute between
the State FEPC and the County. This dispute evidently resulted in
the Department of Housing and Urban Development becoming involved in
some as yet unspecified manner.
The Countv Eaual O000rtunity Manaaement Office Director. Mr. Victor
Nieto. subseauentiv took it upon himself to advise the Citv's Dartici-
patina in the HCD oroaram that thev must (a) adopt the Countv's
version of the Affirmative Fair Housina Marketina Plan. a voluminous
and cumbersome process which thev will administer via an agreement. or
(b) formulate and adopt a locally administered Dlan and oroaram
acceptable to HUD.
The Countv's document is not included due to the size and sheer mass
of the packet. However. since its receipt. staff has been in contact
with the other narticioatina cities and found that either thev are
entirely unaware of the requirement. or have been completely over-
whelmed by it. At this point Staff of the smaller cities are attemotina
to review the document in sufficient detail to discuss its content with
Mr. Nieto toward the end o: develonina an alternative approach or
strateav cauable of meetina the HUD reauirements without the cumbersome
process set out by the Countv.
Initial research conducted on an inter -city group basis indicates that
entitlement cities currently have processes much simpler than that
forwarded by Mr. Nieto.
Recommendation:
It is recommended that this item be presented to the Council at its
November 7, 1978 meeting. At that time, it is recommended that they
approve the cooperation agreement and authorize the Mayor and City
Attorney to execute the assurances form. In addition, the Council
should direct that a full report on the Affirmative Fair Housing
Plan be returned for consideration at its regular meeting of November
21, 1978.
w
n ;
DANIEL BOGGAN,JR.
Awt. Chief Administrative Offtaar
October 6, 1978
MW
COUNTY OF SAN DIEGO
COMMUNITY SERVICES AGENCY
Mayor Robert C. Frazee
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Dear Mayor Frazee:
1600 Pacific HighwaY
San Diego, California 92101
Telephone: (714) 236.3W
RECEIVED
OCT 2 31978
CITY OF CARLSBAD
Planning Department
Pursuant to Federal Community Development Block Grant Regulations,
24 CFR, Parts 570.105 and 570.102, I am hereby notifying the City
of Carlsbad of the opportunity to be included in San Diego Urban
County's 1979 Fifth -Year Community Development Block Grant
(CDBG) Application, and of the need for execution of the attached
Cooperation Agreement if Carlsbad does so choose to participate.
Assuming the City of Carlsbad chooses to participate in San Diego
County's Fifth -Year CDBG Application, the attached "Cooperation
Agreement between the County of San Diego and City of Carlsbad°must be
approved by your Council by resolution and returned for action by the
Board of Supervisors no later than October 31, 1978. That will
allow time for Board action and transmittal to HUD by the December
1, 1978 deadline. You will note that the Cooperation Agreement
also requires execution of HUD "Assurances" Form 7015.12 by the
Mayor and the City Attorney. A copy of HUD 7015.12 is also
attached. Four copies of the Cooperation Agreement and HUD
Assurances form with original signatures are required.
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
County and the HUD area office no later than November 15, 1978.
If I can be of help in this regard, please don't hesitate to
correspond.
Yours truly,
S. qI SON, Jr
Housing and Community
Development Dire or
JSW:SHC:ee
cc: City Manager
I CITY COUNCIL RESOLUTION NO. 5595
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBADt
CALIFORNIA, APPROVING A COOPERATION AGREEMENT WITH THE
3 COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE FIFTH
YEAR OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK
4 GRANT PROGRAM
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7 WHEREAS, the County of San Diego has requested that the
8 City of Carlsbad express its intent to participate in the Fifth-
9 Year Housing and Community Development Program; and
10 WHEREAS, the City Council of the City cf Carlsbad desires
11 to express its intention to participate; and
12 WHEREAS, the'City Council recommended APPROVAL of a
13 Cooperation Agreement with the County of San Diego for the
14 participation in the fifth year of the Housing and Community
15 Development Block Grant Program;
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of
17 the City of Carlsbad that the Cooperation Agreement, attached
18 hereto and incorporated herein as though fully set forth, is
19 hereby approved and the Mayor of the City of Carlsbad is
20 hereby authorized to execute said document.
21 BE IT FURTHER RESOLVED that the Mayor of the City of
22 Carlsbad ana the City Attorney of the City of Carlsbad are
23 hereby authorized and directed to execute HUD Form 2015.12
24 (11-75) "Assurances".
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the,City of Carlsbad, this jh day of Nnvembpr
1978, by the following vote, to wit: �--
AYES: Councilmen Skotnicki, Lewis, Anear and ,
Councilwoman Casler -
NOES: None
ABSTAIN: None
ABSENT: Councilman Packard
I ATTEST:
1ALETRA L. RAUTENKRANZ, CLERK
RONALD C. PACKARD, MAYOR
ANTHONY J. SKOTNICKI, Vice -Mayor
s ' ASS1)i1ANCES+ i
�' TA: 5ppt'tcttntherebY aswrssand «ct with tespsct to tlscstant that: s
(1) it possesses 1.-a31 authority to apply rot the grant. anS to execute the'proposed pro;ram.
(2) its xuvemin; body h» duly adopted or passed as an offscht act a resolution, motion orsimilsr action authorii ns the
filitgt of the application. Whidins sit understandings and assuranets contained therein, and direetinY and d:sismsatins f
the authorized t,p,,xnt3ti%e or the appliant to act in connection with tha application and top:or; :a such additional j
information as maybe fegtltted. -
(3) It has complied with all the requkesnents of O)la Circular No. A•95 as modified by Sections 570.300(c) (for
entitlement applicants) of 570.400(d) (for discretionary applicants) and that either
(I) any comments and tecommendations made by or thwu=h clearinehousss we attached and have been considered. ;
prior to submissiws of the application; or •
(0) the requitedp►ocedutashsysbeenfoltowedand nt,wmmentsorrecommendations larebeer nrecetved.
(4) trier to wbmission of it: application. the applicant pus: ;
(7 provided - citimis with sidequate information concernins the amount of funds aV3ilab1* for proposed community
development slid hottsins activities6 the on," or activities that may be under taken, and other impactsnt progfam
requisemersts;
(%I) held at least t-Av public hewin;s to obtain the views of citizens On community developeent and houum>sneeds:
and ,
(pill provided eititent an adequate opportunity to articulate needs. express preretences about proposed activities.
assist in the selection of priorities. and otheruise to partiipate In the development of the application.
(S) Its Chief executive ofCceeotother oflicetofappliantapproved byIIUD: ;
(p) Corasrsts to assunr the state• of a tesponatbte Federal offleiat wiles, the Nstlenal Envttomrno? oUcy CFR Actor); and
1969 ftsefar as live provisimp of such Act apply to Ave sppikant s propmed prwa ptrs '
(si), Is authorised arod convents on behalf of the applicant and W srif to accept the jurisdiction of the Federal cowls
for the purpose of erlorcnnrnh rcs
t of hponawli:ies as such an calf elal. w `
(6) The Community Development ProEram has been developed so as togtse maximum fresible priority to aetivittes Which
Hitt benefit taw or medrtata IA
come families or aid in the prevention or elimination of slums of bligist.11'hete allot part
or Ilse community development pm, -tam activities are designed to meet other community development netdshavin; a
• particular urgency. such needs ate specifically described is the application under the Community Dertiopment Plan
'Summary.
(7) It wilt comply with the {e;ulations. polic'us. Suidthnes and tequLements of Fedeat S)ana;emtmt Circulars 744 and
74.7. as they reiate to the application. atxeptance and use of Federal funds for this federali)%assisted ptogcam.
(S) It will administat and enforce the tabor staudards tequkcmtnts set,fotth in Section 570.605 and HUD fegulatlons .
iswcd, to impkment such,rttqui ements.• .
(9) it Mill comply with all requttem"Is Imposed by 11UD coacernins SpKmat tequ Cements of Iaw, pmgtam teyutfemants,
and othee adminisratAe ttqulmmentsapproved in accordance with Federal Nlanayentent Circular 74.7.,
(10) It will comply with the proviironsof Executive Order 11296. relsttn t to rvsh,atlon of flood,hazmda. ,
(11) It will compir with:
(i) Title VI of the Civil Rights Act or 1964 (P.L, SS•3S3) and the segulattons issued yarstunt ihaieto (24 CCR tail
1). which provides that no person in the United States shall on the ground of race. color, or nalionai otlim, be
excluded f:om participation In, be denied the benefits or, of be otheneise subjected to discrimination under any
pto;,catn or activity for Mhich the appllc3ht receives federal Anancial assistance and MiU imm:diatety takeany
measures n:cesury to effectuate this sssuraace, if any seat ptop:mty or structure thereon is provided of
itnptovrt with the aid of relent financial assistance extended to the applicant, tnit assurance shall ollisite the,
applicant. of in the case of any transfer of such property, any transferee, for the period durins which' the seal
property or structure is until for a purpose roe Mhich the Federal fusandat assistance is extended or for, pother
putpose involvin the provision of similar services or benefits.
(ii) Title VItl of Ilse Civil Rights Act of 1968 (P.L. 90 =83) as a nend:d. admi,sisteriny all pto•,tams and activities
rclating to housing and community development Ina manner to affumatiwly further tilt bousin;land will t3he
action to afitsnatnely further fait honsiq in the sate arc rental of houslns, the finanein.- of hoasirs,% and the
provision of b ol,ter;, seniteswithin Use applican•3 jurisdiction.
HUD•7015320175)• +!
!,ii) Seclioa 109 of the llousin; and Community Oct-.ioprnent Act of 1974. and tbte,,•uiationshsuaJ pursuant•
thereto, (24 CFR 570.601). which provides that no person in tic L'nired Statessbill, on the g:oursS of race, RRR
Whir. national : _" or sex, be excluded from participation in, be ( d the benefits of, or be subjected to
disetiminalion un. ..'any prostam or activity fum]at in whole o: in parr with Ti:1: I funds.
(iv) Executive Order 11063 on equal opportunity us housing and nondiscrimination in the Sala at renialof housing
built with Federal ossisuacc,
1
(v) E•Nceutim Order It 246. and all re_ulations issued p:usuaat thereto (24 CFR Part 130). which provides that tub
person shall be disetiminatcd a331n3t on the basis of race, color, mli;ion, scx of national oripm, in all pliasesof
employment Burins the performance of Federal or federally - `assisted contracts. Such contractors and sulscouaffirmative
tractots sia11 take affiative action to insure fair tieatrntnt in employment, upgradir:3, demotion, or'_ - si
transfer: recruitment or recruitment advertising: Layoff or termination, sates of pay or whet forms of--
eonipeantion and selection for train!" and apprenticeship.
(vi) Scction 3 of the Housiagaad Urban Development Act of 1968, asainendedv requitins that to thegteateet extent
feasible opportunities for traWaS and employment be glven Iwx:t income residents of the project area and
contracts for Mork in connection with the project be awaiZcd to eligible businessconeerns which us located ia,
or owned In substantial part by, persons residing in the etas of the project '
(12) It will: ,
() In ncquirtsg met propaty inn connection with the conYssity develop -rent Week V-ant prop m, be Ruided totlw
greatest extent praeiiealA4 Lander State law, by the real property acquisition policies set out under Section 301
a: the Uniform Re:oeatiars A%:Wan :e and Real Pro•s!t j Acquisition Policies Act of 1970 (P.L.- 91.646) and tire
pro••Isions of Section 302 thereof:
(ii) Pay of seirr butme property owners for necessary expenses as specified In Section 303 and 304of lhsAct; and
(Q Inform affected persons of the benefits, policies, and procedures provided for under HUD r rulations (24 CFR
Part 42).
(13) It wilt:
() Provids fair and tea:onable relocation paymentsand assistaace in accordance with Sections 202, 203.and 203 of
the Uniform Ret"--ation AssTstince and Real Property Acquisition Policies Act of 1970 and applicable HUD
tcgulations (24 CI:R Pitt 42), to or for families, individuals, partnerships, corporations or associations duplaced '
as a result of any acquisition of tcal property for an activity assisted under the program:
(ii) Provide relocation assistance programs offerins the servicesdescribed in Section 203 of the Act to such displaced
families. individuals, partnerships, corporations of associations in the.manncr provided under appl'icabioHUD
tcguLtirms; -. '
Vii) Auute that, witltirt a reasonable Lima prior to displ3oemant. decent, safe, and sanitary replacement dwellin" will
be avaitable to such diiplaced faniiliesand individuals in accordance with Sec lion 205(c) (3) of the Act, and that '
such housing will ise asailtble in the same range of choices to all such displaced persons terardicss of their race;
color. ieli;;iun, national ori, n. see, or soume of income',
(iv) Inform affected persons of this benefits.policies, -and proccdutesprovided for under HUD tegulations;and
(v) Carry out the relocation process, in such a manner as to prosida such isphced persons with uniform and ,
consistent services. includin• any services required to insure that the :clocation process door not mutt In
different or separate tteatmant to such displaced persons on account of th:ir race. color, religion, national
oil;!*. sax. or source of income. ,
(14) It wall establish safe;cods to prohibit employees from using pasitiors fora puipose that is orgives the appearance of
bdn�- motivated by a desire for p6vatc gain fur themselves of others, particularly those with %%hom they have family.
t,usiness, or other tier
(15) It will comply with the provisions of the Hatch Act which limit the political activity of employees.
THE CITY OF CARLSBAD
VICE —MAYOR
CITY ATTORNEY
DATE
1
..�S.r..+s •- -, v .au,. r.:..v.rrs • i a ... m sec•
]_ CITY COUNCIL RESOLUTION NO. 5595
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COOPERATION AGREEMENT WITH THE
3 COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE FIFTH
YEAR OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK
4 GRANT PROGRAI4
5
6
7 WHEREAS, the County of San Diego has requested that the
8 City of Carlsbad express its intent to participate in the Fifth-
9 Year Housing and Community Development Program; and
10 WHEREAS, the City Council of the City of Carlsbad desires
11 to express its intention to participate; and
3,2 WHEREAS, the City Council recommended APPROVAL of a
13 Cooperation Agreement with the County of San liego for the
14 participation in the fifth year of the Housing and Community
15 Development Block Grant Program;
16 NOW, THEREFORE, BE IT RESOLVED by the City Council of
17 the City of Carlsbad that the Cooperation Agreement, attached
18 hereto and incorporated herein as though fully set forth, is
19 hereby approved and the Mayor of the City of Carlsbad is
20 hereby authorized to execute said document.
21 BE IT FURTHER RESOLVED that the Mayor of the City of
22 Carlsbad and the City Attorney of the City of Carlsbad are
23 hereby authorized and directed to execute HUD Form 2015.12
24 (11-75) "Assurances".
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1 -PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 City Council of the City of Carlsbad, this 7th day of �pvamhpr .
3 10,78, by the following vote, to wit:
4 AYES: Councilmen Skotnicki, Lewis, Anear and
Councilwoman Casler
5 NOES: None
6 ABSTAIN: None
7 ABSENT: Councilman Packar ,
8 R NALD C P D, MAYOR
9 ANTHONY SKOTNICKI, Vice -Mayor
10
11 ATTEST:
12
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ALETH�L. AUTENKRANZ, CLERK
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A COOPERATION AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND
FOR A COZ%1MUNITY
DEVELOF :4ENT 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, herein-
after called "County", and . a
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 im olvement 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 assistance annually for area -wide plans and programs of
public housing, public services and public works.
• Recital C. The County of San Digo 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 Conaunity Development Block
Grant Regulations issued pursuant to the Act (the Regulations)
provide that qualified urban counties nust 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 one -}rear community development
program, and the assurances or certi=ications.
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 coo?erate in undertaking, or
assisting in undertaking, essential com-nurity development and
housing assistance activities, sp_cifica?ly urban renewal and
publicly -assisted housing.
2. The City agrees that it stall be included in the
application the County shall make to the Department of Housing
and Urban Development for Title I 'rousing 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.
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.
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. 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 co-mply 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
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.
S. The period of performance of this Agreement shall be
for the.fifth program year under the application which will
commence on the date of HUD approval of the County's application
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, 1979. 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 comumunity 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 execut-d by the
Mayor and City Attorney for purposes of executing an Assurance
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.
IN WITNESS WHEREOF, the parties have caused this
Cooperation Agreement to be executed this day of
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 of Supervisors
DONALD L.'CLARK, County Counsel ,ATTEST: PORTER D. CREMENTS, Clerk
of the Board of Supervisors
By Deputy By Deputy
Approved as to form and THE CITY OF
legality by
By �
City Attorney '
ATTEST:
By' •
City
Clerk
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• ' U.S. D°PAMNIEr1T OF HOUSING :.r:i) lir 3ati DEVELONMEt1T
•
ASSURri:CES
The applicant hereby a%sutes arQ certifies wish t:$7::t to Ilse grant 0:21:
(1) Itpos%ts+cat:fain•rthofit)toappt:forthcgtant.attdtoe%e::t:th:p:oposcdp:orram.
(2) Its xu%tlnin: body hit duly adup;ed u: ps%sed as an of:ic':sl a:: a itsofa:;or., notion of si:nttac action authorizing the
fslinr of tit: ap; ti:atiun, in:lad1a3 all undar%tandmjs and a:.:rn: w crtatatd tltt:cin, and ditecting and e-i;naling
the authotil.0:cptcs:ntati•c of t`.: applicant to act in c"anecti.a . h t`: application and to p:o+idcsuch additional
information as may the required-
(3) it hot tntitltmentappi:ants)orwith 15i0.t00(d) (� discrrtona: gpca s s)and that either dr i.d by Sections 370.300(c) (for
} ??
G) any comments and tecommendatiaasmadebyorth:oujhcI:a:inchousesartattachedandhavebeenconsidered
prior to subrsission of the app:tcstion; or
(IT) the teti0ed procedu:eshave lien followed and no co:an:rts of r:cendt-ndationsbave been received.
(4) Prior to submission of its application, the applicant has: '
(i) provided citizen% With a3equst: Information eonrr +_.r:he amount of fundsavaitable for proposed community
development and housing activities. the ranee of zcti+tti:sthat may ta
y be undes<en. and other importsnt program
_ nquUem:nts;
(ii) held at I:ast two public hexinss to obtain the views of eitceason community development and housinYneeds;
and
Cali) ptosidcd eitittns an adequate o??tsrtuntty to atticust: nerds, eaptess preferences about proposed aeti+ides.
assist in the selection of ptiotiti:s, and otherwise to pa:tii;ate is ;he dtvetoym:rt of th:applitation•
(S) Its chief executive officer or eights officer of applicant app.o%:d by Ht.D:
(;) Ctx+sen:sr o nano rr, the staP� ct a ry sprns;0:x ec 9 }t at p .cap. s ,Zct u �s� ; p s+art to 3 C1FR 570.G03; and
1969Irsc ar as the provlslo.s of such Act apicY Act Of
?:y
(ti) is suthatied and en �trts c +Lr`.alf of the ap?.!Can: a d :=s:.r to aceep: �` a j+siadietion of the Federal courts
for the pv y do of erJt:rce.�rn, :I his reanonatblihits as sxh an ef:etal,
(6) The Community Develop nt:nt PteSsam bas barn d:%:1op:4 $a as to ei%t naxinum feasible p:iosity toactivities which
Milt benefit tow o: modctate income farultcs or aid in the prevention. a. elimi»tion of slums o: blt-11 vilc(a allot past
of ti:e community dcsclopn:nt pro. ram activities we deti3ned to rett ocher community de+tlopment net& having a
• palticubc urgency. such nerds ate spec iCally dcs:ribed is the a??li:alian undct the Community Development Plan
Sumnsat)'. '
p> It welt Wltlpl) Kith he te,ulsiians, pa:icier, puldelr..a sa.' t:gci ts of Etc!aal ?lanaeement Ci culars 744 and
?�•?. rs tlt:)• sel:te to the a; pti:aft. n. a:cep:sncc and us: of Fed:ral funds for this fedetaltyatsisted program.
t
(S) It wilt zdaitnistet and enforce the labor stardaids ttquk :-tints Sac fNth in Section 570.60S and IiUD regulations
Issued to insyl:ment $:tell tNq Ii anent,
01 it will comply Withall tequt:erten:s imposed by II1:D eon ctlntn_ s)e:ist t:qu'.ctmentt of law, ptovram teQu .emen:s,
and outer adr:ttnist:stt:c I'gtJilcmcntsrpp:o%ed in acro:daacc with Fe-*c:al M311I.rintnt Circular 74•7.
(10) 1t will eortply % itlt the pievitiun%of Exeeulivc 0:tle: 11295. I:It:in3 to ::afuatio-I of ftoad hatafds.
(11) it will a%niply with;
(I) Title VI of the Ci%il Right$ Act of 1963 (P.L. SS•33_s sad t::::au:a;ions itsued purswnt tl:eteto (23 CFR Past
1), which p:.%sides t%+t nn r:aoa in the liri;ed S:a:a s'+•�l oateund of ta:geolot,ol natiosatotiyin,be
tulttded from participation in. be dcnicd the ben:R:s oL o: b: othtr%,is: subjected to dig:rininagion under any
pto;tata o: aai+it) Put stht:h the applicant fr::i+:s Fcd;:C3: fan:ial as,istance and wi0 immediately take any
I+seasutes IINW31) to effectuate the% aa:.u:axr. It aa.• tan p:op:rt> car stnrturc thereon is provided of i
imp:o%td with the aid of financial astitar:: e%t-ndad to the applicant, thi%atttimnce still obli„atc the
appliant, ac in the s: of any tianafet of s::h {•:aY::t), an) trsn:fore:, Pot the period dutinw which the teal
plop:tty of situctu:e is ut.j fo: a pulps., far w`i:h sh : Feder%i financial a%sislanec Is emcndcd or for another
put{x+sc i•s%ot int the p:o%istas of sinulat sei%icvs of
(ii) Title V111 of the Ci,il F.iih%, .act of 1968 (i.L. 93•23:) as Untrdrd, admini,:etin- all pro,+,cams and activili:s
zetrtiry w housin, and eons%:rl:) deveta?rt:a: In 3 a]an" to af71:- ttsel; futt s:e fair housink;aadsvill U1 e
action to affurrillnely fu:ih:r fair i:o•tsine in tits tertal of Eausin;, the Gran:n: of ha%jsir, and the
provision of b:oLeq;e s:r,i:a+%itF.in the appl::arfs jatisd:a:oa. i
IIUD701532 (s1.75)
(III) beclroa lug of the dousing And Community U:st!op::ent Aa of 1914, and the te;:uljtioni. isw:d pvrwant
lheteto (24 CI'R 570.601). which pa,sitl:s that no p.tton in the L•qIx-d Spies shalt, on the xrovnd uf.tace.
color. natien:l or o: %- be excluded Win parti:ipatsan i. be c :1 t!e benches of. or b: subjcttcd to
di%erintination unJ ,.any prop:an%of aeiisity fundcJ in whole o: in pJit .ith Title 1 fund%.
(iv) Exeeuti%: Otu':t 11063 on e,uat opi.ortunity in houting and nondisetimination in the salvo: renbl of houstn.-
Quilt with 1'edt:Jt assistance.
(v) E%ccuti%c O:dcr 11246, and all re•,ulations i;sucd p::suant the:tto (24 C)tR Part 130). which p:oviJtstltat no
person si111 be ditetLainated against on the basis of rice, ealo:, reisgion, sex of r.Jtional o:t .tu in all rise%of
tmploym:at dutinr the p:tfcnnancc of lred::al or f:d:a9y • assisted contracts. Such contractors and
subcontractors shall tak: affirmative aetien to insa:e fat. treatm:nt in employment. upyfadin;. demotion. or
transfer. a:etui:nent or recruitment advettit!ny; Isyoff of ttcminstion, rates of pay or o:h:t forms of
eonspensation and selection for training and apprentic:ship.
(vi) Section 3 of the llousinw and Urban Development Actor 1953, as amended, ttquitin.- that to the greatestextent
feasible o2portunities rot ttaininy and employm:rt ? =• :hen la•+:r income tesidents of the protect area and
contracts fo: wo:k in connection with the ptot:et be awsrd:d to etl;ible business concerns which arc Coated in,
or owned In substantial pact by. persons rc%idina in the area of Cite protect.
(12) It will:
(i) In ocqutriny real property In connection with th- co—m—nity davtlopnent block Crannt proj-,am, be tv,fdcd to the
greatest extent Kacttcable %miler State law, by the test , ,nee y acquisition policies set out cndtrSection 301
of the Unifor. t Relocation Assistance aril Real Fect.-v:%j Acquisition Policies Act of 1970 (P.L 41-6:0 and thz
pvovis" of Section 302 thereof:
(to Pay or tetnibutsc property owners for neeessuy exp:at:sasspreified In Section 303 and 304 of the Act;and
(19) Inform affected persons of the btnerits. policies, and procedut:% provided for under IIUD stSulations (24 CFR
(13) itwill:
0) Provide fair and reasonabta tetocation payments and auispnce is accordance with Sections M.203.and 204 or
tits Uniform Relocation Assistance and Real Ptop.-ny Acquisition. Policies Act of 1970 and applicable 1lUD
tegubtiuns (24 CVR Past 42). to or for families, indis=SaaU, psrtntriNipt, corporations or associationsdispiaced
as a result of any acquisition of seal property for an a: Mty Assisted under the pro. -ram.
(ii) Provide retocatian assistance pio;:ems ofrbrin; the ser.ket &vs:Ctbtd in Section 205 of the Act to rich d4placed
fan6lies, indi•iJuals. parincrships, corporations or associations (n the mange provided undet applicable 11UD
i`y ulJtio:tsl
(liO Assure that. within a teasonablc time prior to displJ:ertent.dtccat, stfc, and sanitaty tcpiacemeni dweitin✓s will
be available to such disp!Jced (Antilies and irol;viJuais in a:co:dance with Section 205(c) (3) of th.- Act. and that
such hou.in; -Alit be asailable in the same tango of choker to all such e6p laced persons teyatdias of their race.
color, nett;ton. national o:i;in. se%, or wuscc of Income;
(iv) Inform atfect.d persons of the benefits, politics. •and p.o.c3u:es p:u%(drd fur under UUD segulationsland
(v) Cstry out the telo:ation pltsccss in such a mariner as to p:-Ve such ditplaced persons with unifotm and
consistent s:C%ices, inctudiny any setsiccs required to insure that the telocation pro:cs% does not result in
different of separate treatment to such displateJ persons on account of their race, color. teli$jon, national
origin. sex.or source of income,
(14) it will establish safricards to prohibit employees from using pasilia::s fo: a purpose thst is or Fives the :pp. -stance of
bcir4 nsotivatcd by a des!re for p,4ate gain for lht,insches c: othvs, pa:tkutarly those aith whom they have [amity.
business. ofothe: ties.
(IS) It will comply %%ith the pro%Won%of the Ilatch Ac. which[ Emit the pats:ieal activity of ertsploy:es,
(16) It will give 1Its D and the Comptroller General thtougl, any au.hotr_ed tep:cscniative aetets to o-J the ti ht to examine
all terords,books. pip.ti, or .".oturtents related to tit.- &Cant
THE CITY OF
MAYOR
CITY ATTORNEY
Date