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HomeMy WebLinkAbout1979-08-21; City Council; 5959; Sixth-Year Block Grant ApplicationCITY OF CARLSBAD • INITIAL 'r AGENDA BILL NO: �5�9 �S- 9 _ Dept. Hd. t� DATE: August 21, 1979 City Atty. Redevelopment City Mgr. DEPARTMENT: — / SUBJ�:CT SIXTH -YEAR BLOCK GRANT APPLICATION STATEI E OF THE MATTER: The County has requested that -the City express its intent to participate in the Sixth -Year Block Grant Program by executing a Cooperation Agreement" and "Assurances Form." : The amount of funding available in the Sixth -Year is estimated to be around $130,000. i The attached memo from the Redevelopment Coordinator r recommends that the Council approve the agreement in order # to "reserve" funding. i EXHIBITS Memorandum dated August'9, 1979 Resolution No. Request from County Fated July 30, 1979 Cooperation Agreement Assurance Form RECOMMENDATION If the Council concurs with the staff report it should adopt Resolution No. Council Action: 8_L1_79 Council adopted Resolution 5892, approving a Cooperation Agreement with the County of San Diego for the participation in the Sixth Year of the Housing and Community Development Block Grant program. t_ MEMORANDUM DATE: August 9, 1979 TO: City Manager FROM: Redevelopment Coordinator SUBJECT: SIXTH -YEAR HCD APPLICATION COOPERATION AGREEMENT AND ASSURANCE FORM The County of San Diego is requesting that the City express its intention to participate in the San. Diego Urban County's 1980 Sixth -Year Community Development Block Grant Program. In the event that the Council desires to continue to participate the County requests that the Sixth -Year "Cooperation Agreement" be approved by Council Resolution, and that the HUD Assurances Form be executed by the Mayor and the City Attorney. Status of Fourth and Fifth Years HCDBG Funding At its meeting Of May 15, 1979, Council adopted resolution number 5771, approving an agreement with the firm of Bissell/ August Architects for the provision of streetscape and parking lot design. Subsequently, the City has been expending a portion of its $135,000 Fourth -Year Block Grant funding. Of the total $135,000, $94,000 will be used for both the design and construction of a parking lot and the village streetscaping. The $20,000 contract to the Bissell/August Firm was awarded for the design of the streetscaping and the design and construction drawing for the parking lot. Of the remaining $117,000.00, $74,000 is available for partial construction of the streetscape and the total construction of the parking lot. The balance of $43,000 will be used for property acquisition with the Village Core Area. it appears that the entire Fourth -Year entitlement will be expended by the end of the 1979 calendar year. Staff has contacted the County of San Diego's Department of Housing and Community Development regarding the release of Fifth -Year funding. We have been informed that final release by HUD is anticipated in early September. RECOMMENDATION It is recommended that this item be presented to Council at its August 21, 1979, meeting. At that time, it is rec- ommended that they approve the cooperation agreement and authorize the Maycr and City Attorney to execute the Assurance form. DA:ar n11VL IS �� 4.000 �f0 C CGL�• JAMES S. WILSON. JR. DIRECTOR . f1_£ 91 x`f Y3 `mn ,sf 4t►+ c 1 HOUSING AND COMMUN11 Y DEVELOPMENT DEPARTMENT 1008 India Street, Suiia E, San Diego, California 92101 July 30, 1979 Mayor Ronald C. Packard City of Carlsbad 1200 Elm Avenue + Carlsbad, CA 92008 Dear Mayor Packard: - f DOARD OF CUI•CRViSOii S' TOM 14AMM.TON rIReT oOTRICT LUCILLC V. MOORE occo". YILTRICT ROGRR NEDGIZCOCK TIIIRD 01.TRICT JIM DATES POUR7N DISTI41CT PAUL CCISCRT /IrTN DMIRICT CNICr AONIV.RTRATIVR OPrICUR CLIFFORD W. GRAVES Pursuant to Federal Community Development Block Grant Regulations, 24 CFR, Parts 370.105 and 570.102, I am hereby notifying the City of Carlsbad of the opportunity to be included in San Diego Urban County's 1980 Sixth -Year Community Development Block Grant (CDBG) Application, and of the need for execution of _he Attached Cooperation Agreement if Carlsbad does so choose to participate. Assuming the City of Carlsbad chooses to participate in San Diego County's Sixth -Year CDBG .'A plication, the attached "Cooperation r-.greemenL between the County of San Diego and City of Carlsbad " must he approved by your Council by resolution and returned for action by the Board of Supervisors no later than September 1, 1979. That will allow time for Board action and transmittal to HUD by the new October 1, 1979 deadline. You will note that the Cooperation Agreement also requires ext.�cution of HUD "Assurances" Form 7015.12 by the Mayor. and City Attoine1. A copy of HUD 7015.12is also attached. copies f the Cooperation Agreement and a single copy of the HUD Assurancaff"orm with original signatures are required. You should specifically note that Carlsbad cannot be beneficiary of Lrban County CDBG funding if the city chooses not to participate, if the city does so choose, notification of that choice should be in writing from your chief executive officer and subinLtted to the County and the HUD area office no later than October 1, 1979. If I can be of help in this regard, please don't hesitate to correspond. Y urs truly, i LS S. W`1LSON, Jr� Housing and Community Development Director JSW: SIIC: pgd Attachments cc: City Manager. Community Development Director t. IN WITNESS WHEREOF, the parties have caused this Cooperation Agreement to be executed this day of This Agreement is approved as to form and legality and it is hereby certified that the Agreement is in accordance with State and local law. DONALD L. CLARK, County Counsel By Deputy Approved as to form and legality by City Attorney ATTEST: By. Carlsbad 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 THE CITY OF CARLSBAD i By Mayor N 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 5892 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COOPERATION AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE SIXTH YEAR OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, the County of San Diego has requested that the City of Carlsbad express its intent to participate in the Sixth --Year Housing and Community Development Block Grant Program; and WHEREAS, the City Council of the City of Carlsbad desires to express its intention to participate; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the Cooperation Agreement attached hereto and incorporated herein as though fully set fourth is hereby approved and the Mayor of the City of Carlsbad hereby authorized to execute said document. BE IT FURTHER RESOLVED that the Mayor of the City of Carlsbad and the City Attorney of the City of Carlsbad are hereby authorized and directed to execute HUD Form 2015.12 (11-75) "Assurances". 1 PASSED, AND ADOPTED at a regular meeting of said City Council held on the 21st day of August , 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear and Councilwoman Casler NOES: None ABSTAIN: Councilman Lewis ABSENT: ATTEST: ,� ,D ALETHA L. RAUTENKRANZ, RONALD PACKARD, Mayor f A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY nG rnR�cRAp FOR A COMMUNITY 1' DEVELOPMENT PROGRM11 f 1 i 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 Cityof Carlsbad a municipal corporation of the State of California, located in the County of San Diego, hereinafter called "City." WI TN ES SETH: 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 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. 11 14 1 I 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 Iiousing and i 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 Dousing 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 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 THERrFOM, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: -2- 1. The: parties agree to cooperate in undertaking, or assisting in undertaking, essential community 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 i i 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 project: or other activities to be conducted or performed within the City pursuant to the application. .i 5. The City and the County recognize that.the County shall be the governmental entity required to execute any grant x 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 i 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 1 Act and its Regulations. i 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 all,-ated to the specific projects or activities set out in the application j 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 j of ti,e housing and Community Development Act of 1974. B. The period of performance of this'Agreement shall be Y for the fourth program year under the application which will commence on the date of HUD approval of the County's application J. and shall run for 12 consecutive months thereafter except when modified under the provisions of the Regulations. It is . t anticipated that the said application will be approved prior to August 1, 1978. t.11 subsequent aeriods 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. -4- 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 �iinderstood 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. 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 S9IIEREOF, the parties have caused this Cooperation Agreement to be executed this day of ' This Agreement is approved COUNTY OLD SAN DIEGO as to form and legality and it is hereby certified that the Agreement is in accordance with State and ByCnairman eL the Board of Supervisors local law. erk DONALD L. CLARK, County Counsel ATTEST: otRthe Hoard of`Supervisors By Deputy By- Deputy Approved as to L.)rm and THE CITY OF G&&LS D _ --- legality My By_ - ' Mayo r ICtyAtone ATTEST: CARLSBAD City Clerk im -6- • e U.S. U:hART \NT OF tIOUSING AND U(i3AN D'cVcLUpIdSN ASSLIBAi4CES F i The applicant hcrcby atants and ttrlifics µ ill, respect 1011:c gent that (() it posses,cs Icgal authority to apply for the F.rant, am: to c\ecutc tlst proposed program, (2) Its Fuvctriug Lot1Y F.as duly adopted o: pasted as an official act a resolutinn, motion ut similar :lion authorieina the fdin{ of Ih: apphca;sin, i•scl:u{tn3 all und:tttandsn,s and a.sunnces cent tlsorein, and thtcctin,• atul daditiri al the authorized tcprtcntatise of the applicant to act in connection still, the application and to p:oviJt ouch additional iefornsation as ma)• be requiv d. (3), it has Compiled nm led al 5 he zc((d) (foe dis cetO\I ll a 'pl onts) and Qut 6 1�rdified by Sections 570,3L'9(c) (for enttapplicants) (i) any comments and recofnmeadations made by or through cica:inghOuses ate attached and have been considered prior to submission of the apptfcation;or (U) the sequited procedures have been followed and no, comments or rccommcndations have Ys:cn received: (4) Prior to submission of its apPlication, the ap, licant Isas: t of continually ln� the u) provided velopment and housingactivities. the lange of activities that M nba undtilol,en'aand utheIc rot cc im�ul nt i+roRram requirements; (ii) held at East ttto public lseatings to obtain rise views of citizens on community deveiopsntot and [sousing; needs: and rosided citictns an adequate eppo:tunity to articulate needs, express preferences about p:oposeJ activities; (ill) Q selection of priorities, and utheraist to patti8pate in the dtvatopmcnt of the tip{sLcation , assist in the (5) its chit[ c-cutive officer or other officer of applicant approved by IIUD: (i) ,xo ed {Fours ytYstarst to 24 CFR 570.603; nrstl Cassrais to assume the stars s of , respcnsible Federal o(Iicial stsdtr the National r",Suant to Policy Act o Cons insofar as the Frovlsiors of suels Act a,plY to the ,pplicant's , P� lii) is authorized and :Onsel" on behalf of the s b it 1n' A d zti anf o fscial accept the )srss(bcuas of the Federal courts for tie p'=rne of enicrcerent of his reslw te all of (6) T):e Community D--edcra c income W,1 Itrs or aid in else 1,3rsen:ion'or` illm othtt community dle icselns of opfr ent needs lravinS a sill btneirt lot or{)evelo tment Flan described is the appliation under tlse Community 1 Of the community desdopfatnt pco, :am activities a:e daiane to rs OftiteCo utgcnc), such needs ate specifically Summary. r olicies, gaifilmts and requirements of Federal 5tana;tmend Cirena11. 7.14 an 7) It Milt comply with the tc'ulations, p ( �4.1, at they let to the application, acteptanee and use of ftd:ul funds for this (cdetallyassist< pto4 (gj 1t all administer attd enforce the labor standards rcgssVtements set forth in Section 570.605 and 1llID regulations issued to implcnsenl such requirements, ial rcq u rcmentt of late, pro. requirements. (y) it ail! cons,ly ttith all rtquhcments imposed by IIUD concctnine spec and other adroln!st»rive requitemellIs applased'in accoldancc aVth Ptdual ?lanagemtnt Circular 74.7. (1�) it sill comply with the provisions of vcutivc Ordct 11?96, relating to evaluation of flood hazards (li) It twill collspl).ttiIh- Part (i) Title VI of the Civil Rights sAt of 1ors 961 c l4sit d States shall on the c�ossnd of tiont issued arr, color, osr natio lab atipin, be 1), which F:asides drat no i. excluded flans pnrlicipalion in, be denici the be Iseant rcech�fstV•tJcrallfmatiai3l aW tancelaildU%ill itmnutiatcly take , program o: aetisit) fur aldch the a{ { 11 or stlucuuc thctcon it provided 01 measures r.::csasy to effectuate this aesutars C. If any leaf prop: )' uantfer of snclt prop ttq•, an) tlansfcte:, for the period Uriculing which the teal intptnvrd with the aid of federal financial as,istaucc extended to Ina applicant, this assurance. $nail ubligatc like applicant, of in the case of any sste fot.ahlds th; fedclal fusancia{ attittancc it caluutcd or for another plopesty Q. structure is urea for a {t11{. purpose insohing the provision of slmilat stcsiets of benc6ts, (il) Title :'ill of the Cis11 Rights Act of 1965 (P.l.. 90•:81) as a:ntndeJ, atlminitictiuS all pro;:wms and wilactl 11des and will take action to afiumatnety fulthec (ail ho—jiw, in the ulc of lental of haulm;,, life fusaucsn,^, of Isounr^.. and the tctle V W Rile ; and eo.nmunrt) dcvelopiucnt in a manner to affumatisely furtLcr Gsir hnusnl: provltion of brohera;e setticctwithin the aFphcani slulutlrlion. iIUD•7015,1? (11.75) (iii) Section 109 CA, the Ih^"xt,: snit Community 1)calOpmcnl Act c•: 1974. 'I the tel;utaiionc isute,l pursuxirt ~ 1 I thereto (24 Cl It $70 ). \+hick pfmidcs .!sal no { <rson in the Uuucd, ,cs shill, on Ihu ::round of race, ' color. nationai origin v[ sex, he c\cludcd ftum partietpativa ill. be dented tr : Cenefite of, Os be wb)eetvd to discrimination under, any pro1cam or ael4ily fund, in \slwte of in I„et with'Cnlo 1 fund.-. (iv) Exccutive Ordtf 1100 on equal Opportunity in housing and non,14cfimination in tlw salt or lentat of itous!n;; built with 1'Lderal assistance. (v) C\eeuthe Ocder 11246. and all regulations issued pursuant Ihc"O (24 Cult Pall 130). which provides that no person shall be discr6ninated a,s!tssl on the basis of race. Colo., ccLeian, �x or u,asonal ongw in all pl,+sec of tmpluyincnl during the perfotmancc of Fed-tal or fed:rally assisted contracts. Such conttactorc and matne action iu insure fair trctimert in employment, upg subcontractors s:ta{I take atOrradin;, demotion, of transfer; rcelulunent of iccntitri:nl advertis!n,,: layoff or termination, rates of pay or ocher loons of eompencation and selection for ttainir. ; and apprenticeship. i (vP Section 3 of the llousirg sad Urban Development Act of 1968, as amended, requiring that to the ;featest extent feasible opportunities for trainin- and cmpluymcrlt be given loA-f income residents of the pto;tut area and contracts for work in connection with the I'tvicct be awat(!td to thrfbte Cosiness concerns which ate Nand in, or owned in substantial pall by, persons residing ill tl:e area of the project. (12) Itwill: (i) in acquir-M& teal ITOPecty in connection with the co•vrun!ty (levelolcnent block lgaat I roratn, 1._ lvid"d to the 17calest eate :t practicable ender state law, by the real prol\:rty acquia!tion p-)l!cits set out under Section 301 of tl+e Unifor., Retccation A,Qistance and Real Pro vrty Acquisition Policies Act of 1970 (P.L 91•fr:%+) and the provisions of Section 302 thereof: (ii) Pay or leimbutse plop ecty owners for neeeasaly expenses as specified In Section 303 and 304 of the ACC and (iii) inform affected persons of the benefits, policies, and procedures provided for undo: HUD teguLtiens (24 CPR Part 42). (13) 1l will: O) Provide fair and rcasonablc relocation payments and assistance in accoidsmo will, Saet)ons 202. 203, and 20.1 of the Uniform Relocation Assistance and Real Property Aequi,itiun Policies Act of 1910 and apphcablc HUD regulations (24 CIIR Part 42), to or for families, individuals, partncrshipi, corporations or associations displaeed as a result of any acquisition of real property for an acii\ity assisted under the program; PIG%ide relocation assistance pro„ aau Offering the scivisesdcsccibtd in Section 203 of the Act to such displaced fantltics, indi\iduals, partnerships. Corpotation, of ascoeiations m the manner provided under appticabit HUD scgutations: Assure that, w ithin a [rasunablu tints prior to displacefnent, decent, safe, and sanitary replacemwill ent dwelt!n;s be aveilablc to such displaced families and individuah in acwtdance with Section 205(c) (3) of Ili. - Act and that such housin; will be available in the same range of chu!ces to all such dbplaced persons iegatdtess of their race, color, religion. national oii;in, sc\, Of soun•e of income: (iv) inform affected potions of the benefits, policies, and plocedulcs pio\ided for under IIUD stgulatioro: and .(v) Carry Out the relocation Ploms in such a mannef as to pw\ide such displaced poisons with uniform and consistent sctvices, including any services fecluired to insure that the relocation Process dots not result in different of ,.-palate lfcatnicnt to such d•,cphtcd Pelson$ On account of their face, color, seligiosi, national Orion. sex, of source of inec tna (14) It will cuablish safe; w ids to Prohibit employees from using positions fu: a purpose ih•it is or Fives the appoatance of Ueimg motivalcd by a desire for pri\atc gain fur theinsehes of others. I.tftieulafly those with shoos they have amity, business, of otL•et li-i, (IS) It will comply with rile provisions of the Hatch Act \Ntich limit the Political activity of employees, (16) It will give. IIUD and the Cotnpttolltr Gen-ral throu.-h any suthorired fcPrctcntative access to and the liltit to examine all records, boos, papers, or documents related to the of snt. THE CITY OF CARLSBAD MAYOR CITY ATTORNEY)