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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