HomeMy WebLinkAbout1981-08-04; City Council; 6697; Eighth-Year Community Development Block Grant ApplicationCITY OF CARI,SBAD
AGENDA BILL NU. �aL_L—�� Initial -
UcNpt.-ILfi_
DATE:_ August 4, 1981 _�_._ _ L_ At 1-.V
DEPARTMENT: Housing and Redevelopment
Subject:
EIGHTH -YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Statement of the hIatter
The County of San Diego is requesting that the City of Carlsbad expr?ss its
intention to participate in the San Diego Urban County's Eighth -Year Community
Development Block Grant Application. In the event that Council desires to continue
to participate, the County requests that the Cooperation Agreement and HUD
Assurances Form #7068 (6/78) be approved via Resolution and executed by the Mayor
and City Attorney.
This is the initial step in the annual application process. For the last seven
years the City has participated in the Community Development Block Grant Program
resulting in almost $1 million in funded local projects. Council approval at this
time would assure adequate time to meet the County's application deadline of
November 13, 1981.
Fiscal ImRact
Adoption of the Resolution would reserve approximately $100,000 in funding.
EXHIBITS
Resolution No. ( 41 7
Cooperation Agreement
HUD Assurances
RECOMMENDATION
It is recommended that Council express its intention to continue to participate in
the Community Development Block Grant Program by adopting Resolution No. � b— 7 .
This authorizes the Mayor and the City Attorney to execute the CooperationAgreement
and HUD Assurances as requested by the County of San Diego.
ARROVED
1
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
RESOLUTION NO. 6637
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COOPERATION AGREEMENT 41ITH THE
COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE EIGHTH
YEAR OF THE HOUSING AND coWiUNITY DEVELOPMENT BLOCK GRANT
PR.
WHEREAS, The County of San Diego has requested that the City of Carlsbad
express its intent to participate in the Eighth -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 forth is hereby approved and the Mayor of the City
of Carlsbad hereby authorized to execute said d.,cument.
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 uirected to
execute HUD Form #7068 (6/78) "Assurances".
PASSED, AND ADOPTED at a regular meeting of said City Council held on
the 4th day of August, 1981, by the following vote, to wit:
AYES: Council 15mbers Casler, Anear, Lewis and Kulchin
NOES: None
I ABSTAIN: Kone
ABSENT: Council ilember Packard
ALETHA L. RAUTENKRA4IZ, City Clerk
(SEAL)
RONALD C.IiPACKARD, Mayor
MARy H. C�ISLER, Vice -Mayor
A COOPERATION AGREEMENT BETWEEN THE COUNTY
OF SAN DIEGO AND Um. MY Or
CARLSBAD FOR A CO'1� NITY
♦ DEVELOPMENT PROGRAM
_ '
T111S AGREEMENT is made and entered into day of
this ,-
etileen the County of S
19_, by and ban Y�icgo,
a political subdi;rision of and the State of California, Iicrexnaficl: }
i
TE16 C%TY OF GARY S_Ii�n_ _ _ —r
` called "county",
' •_ • municipal corporation of the State of Califernia, located in
the County 'of San Diego, hereinafter called "City"
WxT•NES5r,'xII:
Recital A. Xn 1974, the U.S. Congress enacted and t1le {
President signed a law entitled, The 11011si•ng and Community DO- a
velopment Act of 1974, herein called the "Act:". '!]1C: said Act.
i
is omnibus legislation relating to Federal involveiae:nt: ill z
wide range of housing and community. gevelopincnt activitiesanct
contains eight separate titles.
12ecital B. Title I of the Act is entitled, Community ,
Development, and consolidates several existilYg categorical prp-
grams for housing and community development into 1*1e%.1 programs
far such housing and development under l,lacl: financ:ial clrarits-
The primary objectives of Title I are thO improvcntc nt and 4ev0-
cities and urban counties or communiUcs
lopment of metropolitan
by providing financial assistance annually for area -wide plans
and programs of public housing, public services and public ��orlcs-
•� Recital C.
The County of San Diego has heretofore
requested of the Department of Housijig and Urban Development
that it be qualified as an urban county and thereby become
eligible for financial entitlements•to receive tIousing and
Community Development Block Grant funds... pursuant thereto+
the Country has been informed preliminarily, subject to final
determination, that it will qualify as an urban county and be
eligible for funds.
Recital D.' The Iiousing and Community Development Block
' the Act (the Regt,latioazs)
Grant Regulations issued pursuant to ,
.,ubmit an' application •
provide that qualified urban counties' must C
to the Department'of Housing and Urban Development for funds and '
that cities and smaller communities wi.thi.n the metropolitan area j
County in said
join the
not qualifying as metropolitan cities may. j
• rt' of a more comprehensive
application and thereby become a pa
County effort.'
As the applicant: the County must take the
Rec? tal I;. -
full responsibility and assume all obligations of an applicant-
j under the statute. This includes the analysis of: needs, the t
setting of orjectives,
the development of community development
, the community development progr%=,
and housi:19 assistance plans
'
and the assurances or certifications.
'
t
Noll WEREFORE, in consideration of the mutual promises,
recitals and ot:her provisions hereof, the parties agree as
follows:
2 .
1, The parties. agree to cooperate in undextalcing, or
assisting in undertaking, essential. community development and
housing assistance activities, specifically urban renewal ad
n
publicly-assisted housing.
2.•' The City agrees that it slia�l be included in the
application the County shall make to the Departuaent of Housing •:
Title I housing and Community Develop--
and Urban Development for
ment Block Grant funds under the above recited Act. '
The .City shall prepare. or wor.Y. with the County in the
• preparation of a detailed project or projects or other activities
to be conducted or. performed within' the City the plain of which
shall be included in the aforesaid application.'
il.. The County agrees .to include the City in its applica
tion under the Act and to work with the CitX i�i.the,preparation s
of the detailed project or projects or other activities to be
1
ducted or performed within the City pursuant to the a}?p7 icai:ion
con ;
5. The City, and the County recognize that the County
shall be the got=ernmental entity required to execute any giant j
d ursuant to'its application and that it
agreement receive p !
shall thereby become'legally liable and responsible thereunder
plan and prograri. The City '
for the' proper performance of the p 1
lly cooperate with the County in all
agrees that it shall fu;
wired and appropriate to comply with the provisions t
. things required '
of any Grant Agreement received by the County pursuant to the
Act and its Regulations.
3 ..
• f
}
' 9
6. The city agrees and does hereby commit itselfto
undertake, conduct or perform or assist the County in under"
Makin , coniucting or performing the essential community de—
g
velopment and housing assistance activities identified in the ;
plan and'pr'ogram contemplated hereunder pursuant to the Act.
7. All funds received by the County in accordancewit21
-its'application shall be identified and allocated to the
• o ects or activities set out in the application ,
Specific pr j p
and such allocated amounts shall be expended exclusivell* for
or activities rovided however, that: a cliffexent
such projects% p . '• '
'distribution may be made when necessary to comp7.y with title I
.of the Housing and Community Development Act of: 1974.
a. The period of performance of thin; Agreement shall be
for the Eighth Program Year under the application'x�h. Wix?•
commence on the date of HUD approval of the Coullty*s application
and shall run for 12 consecutive months thereafter except when -.
modified under the provisions of the Regulations. Xt is
anticipated that the said application will be approved prior to 4
August 1, 1982. All subsequent•pexiods of performance hereunder ,
.;
' shall be agreed to,by written modification of this Agreement,
fully execute by the parties.
• 9. The parties agree that a fully executed amenelment or
amendments to this Agreement shall be entered into as recillixed
or necessary to implement a detailed and formulated plan and
program as contemplated hereunder or for the purpose of .
complying with ary grant agreement received or the. regulations
issued pursuant to the Act•
4 w
` 1p• The Mayor and City Attorney are hereby authorize to
execute and submit to the County of San Diego Assurance Form
HUD 7015.1 2 with respect to the comm
BUD activities
carried out within the boundaries of this City• it is; further
an of the Boazd of supervisors and• t:
understood that the Chaixmlie
on the assurances executed by the
County Counsel will rely up
Mayor and City Attorney for purposes..of'executing an Assurance '
;form for submission to HUD. -
ll. All records of the City•respecting this application
%
and any project undertaken pursuant thereto shall br open
r
and available for inspection by auditors assigned by HUD
and/or
the County on reasonable notice during the normal
City
business hours of the .
i
• r
P
f
t
~ attics have
the p
caused this Co�})cr4tion r k
IN 11ITNESS WHEREOrt
to be executed this ____ .. day
of
;
Agreement
COUNTY Or SAN DIEGO i
This Agreement is approved
form and legality
i
as to
and it is hereby certified
•#
i
that the'Agreement is in
with State and
By_
C'aarman ox%he F3o�u:c1 0
accordance
local law.
supervisors
DO NAI,D 1;. CLAAK, County counsel
ATTEST : , pORrTER D . CREV
.
•
.. Clerk of the 130��
`
of Supervisors
By Deputy
BX Deput'r
Approved as to orm nd
egality b Pp}ZOVED AS T N' itorney
CITY O' Cd�t'3SRAU
Or
�
VIIvCENT . BI
Da et S, en hke, Assistant
c �% zj �t
City ttorney
s'Vine Ma ors
c.�l.�t;, y .
ATTEST:
city .
C erk
i
a 6 ..
U.S. Department of housing and urban DevelOPPent:
core -unity Develccrent Bloc: Grant
Entitlement Grants P:oarara
Assurances
The applicant hereby assures and certifies that- .
(a) It possesses legal authority to apply for• `hL gran:,, and to execute the
proposed program. .
' (b) Its governinq bed_' has duly adopted or passed as an official act �+ reso-
lution, r„oti.on or similar action authorizing the filini: of the appl>cireting and
ation,
including all understandings ��ddaasuthecofficiallrepresentativenefc�thecapplicant
authorizinq the person
to act in connection :rith•the application and to provic:c such additional, in;orraa
tioa as may be required. -.
It has complied �►ith all t^
he reauireents of 012B circular tin.
(c) A--95 as
modified by,24 CFR 570.310 and that either:
Cl) Any comments and recosar:e:dations made�by or through• capplication;sorrc
attachdd and have been considered prior to su..nrs�iorr o.. the application;
(2) The required procedures have been followed and no consents Or.Lecomnrnda^{
'tions have been received_
• i
(d) prior to submission of ,its application, the applicant has:
(1) Prepared a written citizen participation plan,, which- '
tile
Provides an opportunity for citizens to garticipatl d �articularli
of the application, encourages the ods and ci of vi Os and proposals, 1
by residents of blighted neighborhoods �nosals1sub: ittea, and,, schelul.esebearongs
provides for timely resPonsesDtto thebprop participation;
at times and locations which
Provides citizens with adequate info'rnation concerning the amount of
funds available for Pr000sed co:-runity development and 'rousing activities, the
range of activities that :.ay be undertaten, and other irportant progr
am require—j
gents; i
(iii) Pro�rides for
public hearings to obtain the views of citizens an comma--�
pity development and housing needs; an i
(iv) Provides citizens with an opportunity to s::bait co-i-ents concerning l:hr
co=munity development performance of the applicant- f
(2) Followed this plan in a .:annex to achieve full participation Of' citizene
in develop•;,ent• of the application. The applicant shall also follciw this plan tcr
achieve full citizen participation in all other tugs of the program. .
(e) Its chief executive officer or other officer of applicant approved by
NUD:
(1) Consents to assume the status of a responsible Federal official uncler t)
National rnvironmental ?olicy Act of 1959 insofar as the provisions of such Act
• apply to 24 CFR 570; .
(2) Is authorized a;.d consents on behalf of t!:e a?,licant end himself to
accent the jurisdiction of the Federal courts for the purpose of enforcement of
j
his resCor.=ibilities as suer an Official.
page 1 of 4• IIUD-7063 (6-75)
D-1
.- tgive. rC F: x i'-
(f) The Community Development PrograM has been developed so a� o
feasible priority to activionecrwerli�inztiGll tn4otLsluas�jorablightCYate-i.ncarne
tnu:a or aid in the prevents frbrs
families reclude the Secretary
lir thi :+acre the applicant certifies, and the ivitl s deter--
; (The re5uirer�ent for this' certification will not p ra^t activities ace
approving an application
Community Development Frog
develop;aent needs having a particular urgency
mines, that all or part or, the
designed to meet other ccnin the application in accordance with §5)0,302(1).1
as specificallyexplainedoli.cies., guidelines and rec}wire-
(g) It will comply wit4-4
h the regulations, P
Revised,. and F(zderal Atof Jbemertt Circular der
vents of O:SB Circular t1o. A-102, acceptance, and use of k'ederal funds under
as they relate to the application, ;
24 rFR 570. :.:,; '
to imi�lament such r:eyuizernenLs .•
Yt will administer and enfetbe issuedabor'standards zei r equi re nt forth
(h)CFR 570.,605 and HUD regulations
in 24 HUD concerning stireme
with all requirements imposed by uiccmcnts.
(i) 'It will comply 2tcvised. - _ j
roit reauirements,'and other administrat>ve reg a
requirements Of law, p ti
approved in accordance U1ith oMQ Circular No. A-102, {
with the provisions of L'�:ecut:ive Order lto tilerprevenctionr
(31 It will comely t
evaluation of flood hazards and Execu pollution.
112IIII relating
contzol, and abatement of water p Gtlrar than a privately owned 1
building or facility
(k) It will. require every constructed, or altered with funds provided
l.
residential structure) designed,
r residential
CFR 70• to comply -%Wl the "Ar'and Standard thecl1hysically tt;+nclic pp
• uncle and Usable b)• !
71, subject to the excepLians coutalned in 61 to insure
i3uildiras and Facilities Accessible nsible for conducting inspections to insure
ed," Number'A-111icant will be resp the contractor.
f' 19.604. The app
compliance with these specifications y
It will comply tai the and the raga-
(li Pub. D. IIII-35?.), .,
24 CFR Part 1), tfii"ch provides that no person
(l) Title VI of the Civil Rights Act of 1964 color, or national origin, be ,
lations issued pursuant hereto ( rounds of race,
in the United States cation in.11 'On hbe denied the benefits Of,
or be Gtliezw��csan
excluded from partielp program ar act,ivi.ty for t:hich the ap.
• measures
jected to discrimination under any p to property
or structure there• -
receive federal financial assistance and will heal prop take an
necessary to effectuate this assurance. If any real P p I or in t)ra case of
improved with the aid of Fe�crCh`fap(�licanta'siJ`ancc axL•ancleci
on is provided or yeriod during Whictl the
to the applicant, this assurance shall sfer6
any transfer of such property. any transferee, e, f the 1
or structure is used for a purpose far which Li:e Federal financial
real property or for another purpose involving the provision of similar
assistance is extended,
-services or benefits.
c , i" itmenc7ecl, •
(2) Title VIII of cane andlactivitiests trelat�liiiing toGO uhausrng0and camnunity
administering all prop' further fair housing: and dill t"ke
develop+ent in a manner to affirmatively Lhe sale
action to affirmatively further fairohou iin4ofnbrokera6e cervices of housing, '
the financing of housing,.
and the p
and Co:rm`rnity Develop;,,='nt Act prov�des thatno
(3) Section 109 of the Rousing 2A CFR Part 570.G01)� color, national origin,
regulations issued pursuant thereto
ll on the grounds of race' n Gr be sub —
person in the United St.ate`rticipation in, be uenied the benefits of, ,art
or sex, be excluded from participation
program or activity Lc:sresd in whole or in i
jected to discrimination up.dert ,YDP 9
with funds provided under
24 cFR k:UD-706S 045)
page 2 of 4'
(4) Executive Order 11063 on equal opportunity in hOusinn al" nondiscrimina-
tion in the sale or rental of housing built Pith Federal assistance.
(5) Executive Order 11246, and the regulations issued pursuant thereto (24
CFR Part 130 and 41 CFR Chapter 60), and section 4(b) of the Grant Agreement,
Which provides,that no person shall be discriminated against on the basis of race,
color, religion, sex or national origin in all phases Of employment during the
performance of Federal or federally assisted Construction contracts. Contractors
and subcontractors on Federal and federally assisted construction cCrrstracts small
take affirmative action to insure fair treatment in cnunloympnt, upgrading, dern0-�
Lion, or transfer; recruitment or recrui.tmcnt advertising; layOLf or termination,
rates of pay -'or other forms of compensati0rt and selection for training and
apprenticeship.
(m) It will comply with Section 3 of. the housing and Urban Development Act ai
1968, as.asended, reauiring'that to the gre8tcst extent feasible opportunities
for training and employment be given to 30ra(-r—inco:)e residents Of the project
area and contracts for work in connection with the project be awarde3 to c-ligiWo
business concerns which are located in, or. owned in substantial part bk, persons
residing in the area of the project,.
(r.) it will: "
(1) .To the creatcst extent practicable under State law, C.Omply with Sections
301 and 302 of Title III (Uniform Real Property Acquisition VOlicy) of the Uni—
form Relocation Assistance and peal Property AcctuisitiOn policies Act: of 3.970 and
will. comply with Sections 303 and 304 of Title III. and I10U impleaivnting instruc—
tions at 24 cFR Part 42; and
(2) Inform affected persons of their,rights and Of the acquisition iolicies
and procedures set forth in the regulations At 24 CFR Part 42 and S570.602(b).
(o) 1-• will:
(1) Cozply with Title II (Uniform pelocation Assistance) of the Uniform 1,
cation P.ssistance and Real Property AcquiGitiO% Policies Act Of 1970•and HUD.
irr)3erentirq requlations at 24 CFR Part 42 and 9570.602(a);
(2) Provide relocation payments and offer relocation assistance as describetl '
in Section. 205 of th'e Uniform Relocation Assistance Act to all persons displaced
as a result of acquisition of real properly for an activity assisted under the
Community Development Block Grant program. Such payments and assistance shall be
provided in a fair and consistent and equitable warner that insures that the
relocation process does not result in different or separate treltment of such
persons on account of race, color, religion, national Origin, sex, or source of i
income;
(3) Assure that, within a reasonable period Of tirae prior to displacement,
coup: -able decant, safe and sanitary replace:aent dwellings will be available to
all displaced families and individuals and that the rancje of Choices available
to such persons will not vary on account of their race, color, religion, national
origin, sex; or source o: income; and
(4) Inform affected persons of the relocation assistance, policies any proce—
dures set forth in the regulations at 24 CFR Part 42 and 24 Crit 570_602(a)_
•(p) It will establish safeguards to prohibit czployees from using positions
for a pur=ose that is or gives the appearance of being -motivated by a desire for
private cal.. for thes•selves or Dithers, particularly those With t1trom they have
far,ily, business, or other ties.
page 3 of C HUD-70,15 (6 4S) i
Q-3 l j i
(Cl) It will comply with the provisions' of the patch Act which limits the
political activity of employees.
(r) It will give HUD and the Comptroller General through any authorized
or
representatives access to and the right to examine all records, books, p p ,
documents related to the grant.
(s) It will insure that the facilities under its ownership, leasomplishment of the program are not liNe or supervi—
sion which shall be utilized in the acct•ed
on the Environmental Protection Agency's (EPA) list of, Violating Facilities and
that it will notify HUD of the receipt of any commility to be used in t:ttie
ucticat:ion from the Director of,
'the EPA Office of 'Federal Activities indicating that fac
project is under consideration for listing by the EPA.
.
(t) It will comply with the flood insurance purchase requirements of Section ,
202(a) proved Flood Decemberc31,e1973 Protection
secti nAct
103(a)9required, on and2after March.2,'
1974 approved
2974, the purchase of flood insurance in communiFederalc'financire calt�assistanre•far
surance is
available as a condition for the receipt of any
construction or acquisition purposes for use in any area, that has been i,dent:i—
f ied by the Secretary of
the
h Department The of Housing
ou sase "Fedcraltiftinan iallassistance"ment as n
area having specialrant, guaranty, insurance payment, rebate, subsidy,
includes any form of loan, g
disaster assistance ).pan or grant, or any other farm of direct or indirect ,
Federal assistance.
(ti) It will, in connection with its perfbrmance of: c:'vir�Lt'nSCGtanc 1UGeo of
under the National Environmental Policy Act of 1969, comply
the NatandathezPre�ervationroft
Archeological6 *and lHistorical,Data FAct uv of1966ct(16
er
22593, '
U.S.C. 469a-•l, et. sec.) by:
(1) Consultinq with the State Historic Preservation Officer to identify
`properties listed in or
that are subjectbto adversele for leffects usion n(see 36the LCFR1 arional ltq(t00e0)istr pby the
toric Place
proposed activity, and
(2) comolying with all requirements established by"IIUD to avoid or mitigate
adverse effects upon such properties.
THE CITY OF CARLSBAD
VICE _ A'iP, OR
PM H. WLER
page 4 of 4
D-4
ATTORNEY
IIUD-7065