HomeMy WebLinkAbout1995-06-20; City Council; 13205; COOPERATIVE AGREEMENT TO JOIN CONSORTIUM FOR THE HOME INVESTMENT PARTNERSHIP FUNDING PROGRAMhd
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FUNDING PROGRAM
Adopt Resolution No. ‘/ 5 - I ? ‘r
Vista, and the County of San Diego to form a consortium for the purpose of increasing the
of decent affordable housing to low and very low income persons and amending the (
Agreement to Form a Consortium to include the City of Carlsbad.
ITEM EXPLANATION:
In 1990, the National Affordable Housing Act (NAHA) was enacted into Public Law I(
primary objective of which is to continue and expand the federal commitment to afforda
for low and very low income Americans. One of the new programs created under the NA
HOME Investment Partnership Act (HOME).
approving participation with the cities of Encinitas,
The HOME Program allocates funds by formula to states and local governments to I
affordable housing within the jurisdiction‘s boundaries. Participating jurisdictions may use t
to provide affordable rental and homeownership housing through acquisition, rehabili
construction of housing and tenant-based rental assistance.
The City of Carlsbad has not been designated by the U.S. Department of Housing
Development as a participating jurisdiction eligible to receive an allocation of HOME fund:
Carlsbad must compete with other jurisdictions for a portion of the State’s allocation of H
However, regulations for the HOME Program do allow for geographically contiguous unit
local government to form a HOME consortia. The County of San Diego formed a consortiu
HOME entitlement cities of Encinitas, Santee and Vista in June 1993 for the FFY I
entitlement funds. The City of Carlsbad remains one of two cities in San Diego County n
HOME entitlement funds, either as a participating jurisdiction or through the Coun
Upon electing to participate in the County’s HOME Consortium, the Cooperative Agreeme
the County of San Diego, the cities of Encinitas, Santee, and Vista will be amendec
participation by the City of Carlsbad. The City would then be eligible to receive an estimati
HOME allocation of $179,000 with a local matching funds requirement of $45,000.
Participation in the San Diego County HOME Consortium is consistent with the policies of
Element of the General Plan and the Consolidated Plan to pursue other funding resources
affordable housing opportunities for low and very low income persons.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. Costs associated with the mana!
administration of the HOME Program will be charged against the HOME administrative fc
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The City will receive an estimated HOME allocation of $1 79,000to provide low income hous
affordable rental or homeownership opportunities through acquisition, development, new c(
rehabilitation, or tenant based rental assistance. The City shall be responsible for contributir
funds of not less than 25 percent ($45,000) of those HOME funds received. At this time, it
that the matching funds requirement will be met through use of Redevelopment Housin
funds. Another source for contributing matching funds may be determined upon identific
specific projectlprogram to be awarded these HOME funds.
EXHIBITS:
1. Resolution No. 95.- !y( approving participation with the cities 0'
Santee, and Vista, and the County of San Diego to form a consortium for the
increasing the local supply of decent affordable housing to low and very low inco
and amending the Cooperative Agreement to Form a Consortium to include the City I
First Amendment to Cooperative Agreement to Form a Consortium.
Cooperative Agreement to Form a Consortium.
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RESOLUTION NO. 95-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN
AND THE CITY OF VISTA, TO FORM A CONSORTIUM TO APPLY FOR FEDERAL HOME MONIES TO FUND AFFORDABLE HOUSING PROGRAMS.
WHEREAS, there has been enacted into law Public Law
625, the National Affordable Housing Act of 1990 (NAHA),
primary objective of which is to increase the supply of de
affordable housing to low and very low-income Americans; and
WHEREAS, NAHA authorizes contiguous units of gen
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DIEGO, THE CITY OF ENCINITAS, THE CITY OF SANTEE,
local government to join together in a cons-ortium; and
WHEREAS, the City of Carlsbad desires to meet the hou
needs of low and moderate income residents; and
WHEREAS, it is the desire of the Cities and Count
form a consortium to implement the objective of increasing
local supply of decent affordable housing to low and very
income Americans; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
1. The above recitations are true and correct.
2. The City Council hereby approves participation
the County of San Diego, City of Encinitas, the City of Santee,
the City of Vista, to form a consortium for the HOME Invest
Program by amending the Cooperative Agreement to form a Consor
to include the City of Carlsbad.
3. The Housing and Redevelopment Director is he
authorized and instructed to execute for and on behalf of the
of Carlsbad that certain amendment to the Cooperative Agreemf
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PASSED, APPROVED AND ADOPTED at a regular meeting of
Carlsbad City Council held on the 20th day of JUNE
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1995, by the followiny vote, to wit:
AYES:
NOES: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
ABSENT: None
ATTEST :
&&36?& ALETHA L. RAUTENKRANZ, Citydclerk
(SEm)
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AMENDMENT TO COOPERATIVE AGREEMENT
TO FORM A HOME CONSORTIUM
Tliis atnendtnent to the original Agreement entered into by and between the County of San D
mtl the cities of Encinitas, Santee, and Vista is made and entered into this da
Jme, 1995, by and between the CITY OF CARLSBAD, a political subdivision of the Stat
California, hereinafter referred to as "City" and the COUNTY OF SAN DIEGO, a 1
subdivision aid body corporate and politic of the State of California, hereinafter referred t
"CO~lllt y";
WIIEREAS, there has been enacted into law Public Law 101-625, the Natit
AI'lortla1)lc: Housing Act of 1990 (NAHA), the primary objective of which is to increase
siipply of decent affordable housing to low- and very low-income Americans; and
WHEREAS, NAHA authorizes contiguous units of general local government to .
together in a consortium; and
WHEREAS, the City of Carlsbad desires to meet the housing needs of low-
11 1 orlera t e-i ncome residents; and
WHEREAS, it is the desire of the Cities and County to form a consortium to implen
the objectives of increasing the local supply of decent affordable housing to low- and very 11
iricome Americans; and
NOW, TIlEREFORE, the City and the County hereby agree to amend the Cooperat
Agreement to Form a HOME Consortium as follows:
I. All references to the Comprehensive Housing Affordability Strategy (CHAS
replaced with Consolidated Plan in accordance to Title 24 of the Code of Fedt
Regulations Part 92.
Tlie City of Carlsbad is hereby included as a new member to the San Dil
County HOME Consortium in accordance with the following sections of
Cooperative Agreement:
Section 3: Program Administration: The Program Administrator for I
Consortium shall be the County of San Diego.
Section 10.4: Authority to Amend Agreement to Add New Members: 7
Program Administrator is authorized to amend the consortium agreement on beh
of the entire consortium to add new members to the consortium.
2.
'Ilis airieiitirneiit to the Cooperative Agreement to Form a HOME Consortiiirn sliell
iiicoi poIarcd iiito and be niade part of the Cooperative Agreement.
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IN WITNESS WHEREOF the parties hereto have caused this amendment to be execii
;IS of [lie day and year first written above.
COUNTY OF SAN DIEGO
EDWARD A. BAKER, JR., Program Administrator
ATI‘EST:
&-% AIXTHA IJ. RAUTENKRANZ, City Cler
AI’I)I\OVED AS TO FORM:
RONALD R. BALL, City Attorney riL.4 d/,/7 75
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COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Encinitas, Santee, and Vista
(hereinafter referred to as "CITIES'), and the COUNTY OF SAN DIEGO (hereinafter referred
to as "COUNTY"), on June 3, 1993
WIT NES S ET H:
WHEREAS, there has been enacted into law Public Law 101-625, the National Affordable
Housing Act of 1990 (NAHA), the primary objective of which is to increase the supply of decent
affordable housing to low- and very low-income Americans ; and
WHEREAS, NAHA authorizes contiguous units of general local government to join together
in a consortium; and
WHEREAS, The County and the Cities have jointly prepared a Consolidated Comprehensive
Housing Affordable Housing Strategy (CHAS) which will be submitted to the U.S Department
of Housing and Urban Development (HUD); and
WHEREAS, it is the desire of the Cities and the County to form a consortium to implement
income Americans; NOW THEWEFORE
the objective of increasing the local supply of decent affordable housing to low- and very low-
IT IS AGREED AS FOLLOWS:
1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply with the
applicable portions of: Title 24, Subtitle A, Part 92 of the Code of Federal Regulations; the
Housing and Community Development Act of 1974 as amended; Title 24, Chapter V, Part 570
of the code of Federal Regulations; Title 24, Subtitle A, Part 58 of the code of Federal
Regulations; Title VI of the Civil Rights Act of 1964; Title VI11 of the Civil Rights Act of 1968;
Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housing
and Urban Development Act of 1968; Executive Orders 11246, 11063 and 11593; the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970; Title 24, Part 42 of
the code of Federal Regulations; OMB Circular A-122 and Attachments A, B, C, F, H, N and
0; the Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of
1968; the Hatch Act (Chapter 15 of Title 5, U.S.C.): the Flood Disaster Protection Act of 1974: the Clean Air Act (42 U.S.C. Section 1857 et seq.) and the Federal Water Pollution Control
Act, as amended (33 U.S.C. Section 1251 et seq.); the Drug-Free Workplace Act of 1988.
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2. TERMINATION OF ACmW: In accordance with @!l.idi(c> of the Code (
Federal Regulations, this Agreement cannot be terminated for a period of three federal fisc;
years beginning with federal fiscal year 1994. At the conclusion of this term, any member ma
withdraw from the Consortium.
3. PROGRAM ADMINISTRATION: The Program Administrator for this Consortium sha
be the County of San Diego.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Prograr
Administrator shall assume overall responsibility for ensuring that the Consortium’
HOME Program is carried out in compliance With Title 24, Part 92 of the Code c
Federal Regulations. The Program Administrator shall be specifically responsible for th
following :
(a)
@)
(c)
(d)
(e)
Issuance of all Notice of Fund Availability (NOFAs);
Contract preparation and management for all HOME proposals and activities;
Receipt, disbursement and accounting of all HOME Program and matchiq fund:
Submission of a consolidated Comprehensive Housing Affordability Strategy;
Submission of all reports and data as may be required by U.S. Depanment o
Housing and Urban Development;
4. CONTRACT ADMINISTRATION: The Director, San Diego County Depamnent o
Housing and Community Development shall administer this agreement on behalf of the CounQ
The City Manager shall administer this agreement on behalf of each City. The Cities agree tc
supply to County within a reasonable period of time after request, progress reports or othe
documentation as shall be required by the County’s contract administrator to audit perfmanc
of this agreement. The Program Administrator shall provide each member of the Con-mtium ,
copy of the Annual Performance Report (HUD Form #401107 and all of its attachments).
5. RECORDS AND REPORTS: The Program Administrator shall maintain records as quira
by U.S. Department of Housing and Urban Development, All records of the County respectinj
individual Projects and programs shall be open and available for inspection by auditors assignec
by U.S. Department of Housing and Urban Development and/or the Cities during the norma
business hours of the County. The Cities shall maintain records and submit such repm anc
information as may be necessary for the County to fulfdl its obligations as adminisrrator of thc
Consortium.
6. LIABILITY AND INDEMhmCATION: Pursuant to Section 895.4 of the Gownmen
Code, County and City agree that each will assume the full liability imposed upon it oc any o
its officers, agents, or employees for injury caused by a negligent or wrongful act or omissioi
occurring in the performance of this agreement, and each party agrees to indemnify md holc
harmless the other party for any loss, cost or expense that may be imposed upon such otha
party by virtue of sections 895.2 and 895.6 of the Government Code.
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7. NOTICE: Any notice or notices required or permitted to be given pursuant to this agreemeni
may be personally served on the other party by the party giving such notice or may be served
by Certified mail. Notices hereunder shall be sufficient if sent by certified mail, postage prepaid
to:
8. DISTRIBUTION OF FUNDS: Funds initially awarded to the consortium shall be distributecl
to consortium members by the following formula:
A+B+ (C*2) =Distribution
Where A equals the City's population, B equals the number of overcrowded households, C
equals the number of households at or below the poverty rate. All figures shall be based upon
the most current census data as provided by San Diego Association of Governments.
8.1 METHOD OF DISTRIBUTION: No later than 30 calendar days from
notification by U.S. Department of Housing and Urban Development that HOME
Investment Partnership funds have been awarded to the Consortium, the Program
Notice of Fund Availability shall indicate the amount of funds available to each City and
the Urban County and shall grant each jurisdiction 70 calendar days to sponsor or submit
a proposal for an eligible activity. If a proposal is not sponsored by or received from
a City, that City's share of HOME funds shall be distributed according to paragraph 8.2
below. An activity shall be considered eligible if it conforms to the requirements of Title
24, Part 92, Subpart E of the Code of Federal Regulations.
8.2 METHOD OF REDISTRIBUTION All funds recaptured or unused by any
member of the Consortium shall be pled and made available to the remaining members
of the consortium or any other eligible applicant through the issuance of a second Notice
of Fund Availability. The Program Administrator may include unused or recaptured
funds from a previous fiscal year in a Notice of Fund Availability for the forthcoming
fiscal year if there is at least 12 months remaining before the U.S. Department of
Housing and Urban Development recapture date.
8.3 ADMINISTRATIVE FEES: Administrative fees, if any, shall be retained by the
Program Administrator for the management of the HOME Program. Only costs
associated with the management and administration of the HOME Investment Program
may be charged against HOME administrative allocations.
8.4 MATCHING CONTRIBUTIONS: Each member of the consortium shall be
responsible for meeting the federal matching requirements of 592.218 and 892.220 of the
Code of Federal Regulations for each activity it sponsors or proposes. All matching funds
shall be deposited in the Local HOME Account and shall be credited to the specific
activity for which the funds were intended. Credit for excess matching funds shall be
applied to the overall match requirements of the Consortium.
Administrator shall cause to be issued a Notification of Funds Availability (NOFA). The
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8.5 RECAPTURE OF FUNDS: If member of the Consortium does not sponsor 01
submit a proposal for an eligible activity in accordance with Paragraph 8.1, the fund!
available to the Cities shall become available to all members of the consortium or any
other eligible applicant in accordance with Paragraph 8.2. Funds not used, including
positive balances remaining after an activity is completed, by a jurisdiction shall become
available to all members of the consortium or any other eligible applicant in accordanct
with Paragraph 8.2.
8.6 EXCLUSION OF F"DS: This Agreement applies only to those funds received
under the HOME Investment Partnership Program and funds received as matching
contributions. This Agreement does not apply to or control funds other than those
described in this paragraph.
8,7 CONTORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds axe not awarded to the Consortium by the U.S. Department of Housing and Urban
Development, the Consortium's obligation to distribute those funds to Consortium
members will be terminated.
9. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS): The Program
Administrator shall be responsible for the preparation and submission of consolidated
Comprehensive Housing Affordability Strategy as required under 591.23 and $91.2l(a)(l)(i),(ii)
and (iv) of the Code of Federal Regulations.
9.1 APPROVAL OF CONSOLIDATED COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY: The consolidated Comprehensive Housing
Affordability Strategy shall not be submitted to US. Department of Housing and
Urban Development until it has been approved by the elected representatives of
each member of the Consortium.
9.2 AMENDMENTS TO THE CONSOLIDATED COMPREIHENSM?
HOUSING AFFORDABILITY STRATEGY: Any required amendments to the
consolidated Comprehensive Housing Affordability Strategy shall be made in
accordance with Title 24 of the Code of Federal Regulations, Parts 91 and 570.
10. NEW MEMBERS: New members to the Consortium shall be allowed upon receipt of a
request to join the Consortium.
10.1 AUTHORIZING RESOLUTIONS: Each request to join the Consortium must
be accompanied by certified copies of authorizing resolutions by the governing
body of the local government.
FULL COST RECOVERY: Any and all costs associated with a new member
joining the Consortium, including and required amendments to the Comprehensive
Housing Affordability Strategy and the Program Description, shall be paid by the
10.2
local government wishing to join the Consortium prior to becoming a member.
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10.3 AVAILABILITY OF HOME FUNDS: HOME funds shall not be available ta
a new member of the Consortium until the fiscal year in which the federal
Department of Housing and Urban Development includes that locality in its
calculations for distribution of HOME funds.
11. AUTHORITY TO JOIN CONSORTIUM: Each member of the Consortium hereby
governing body of each unit of local government joining the Consortium are incorporated intc
this Agreement under Attachment A and made part of this Agreement.
certifies that it is authorized to enter into this Agreement, Authorizing Resolutions from the
IN WITNESS WHEREOF, the parties have executed this agreement on the day and the
year first above written.
GsLALQ4- BY 6-2-73 BY \3%4. Dated- 3/-p'3
County if San Diego City of Encinitas
Date G,/!?/o BJ&J u./;i$@?p Date +/a s( ./ 4Jx,0vista
COUNTY COUNSEL STATEMENT:
The terms and provisions of this Agreement are fully authorized under State and Local law. This
Agreement provides full legal authority for the Consortium to undertake or assist in undertaking
housing assistance activities for the HOME Investment Partnership Program.
$%e ZP{ (77-3 (&bL4LJ L22)
illiam D. AL4uLq&d Smith
ounty Counsel
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DEPARTMENT OF HUC LAO CPD QfPdrSION
SEP I7 1993
9.4CMC
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1 AMENDMENT TO
COOPERAIIVE AGREEMENT TO FORM
A HOME CONSORTIUM AFFORDABLE HOUSli% PROGRA
The Cooperative Agreement enteted hfo by and between the County of San Diego l
the Cities of Enchitas, Santee and Vista on June 3, 1993 is heteby amended as foIto1
Section 1 is amended by adding a the following new paragraph:
"1.1 FAIR HOUSING: Each member of the consortium shall affirmatively fun
aramaP-i :- - - ~ __ ___ __ - --
-10.4 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS: 7
fair housing."
- - Sectio~-lQ is amerrdeddy adding thefollow- . e#p ,. I .. ~ L ->.
Program Administrator is aurhorized to amend the consontiurn agreement on bet
of the entire consortium to add new members to the consortium."
The following new secrion is added:
"1 2. COOPERATION IN ONOERTAKING HOUSING ASSISTANCE UNDER HOh
Each member of The consortium agrees to cooperate to undertake or to assist
The underraking of housing asslstance acrlvities for the HOME Program.'
Paragraph 8.7 Is amended by replaclng rhe word "CONSORTIUM'S' with the w(
" CONS 0 RTI U M ' S " .
This agreement IO amend rhe Cooperative Agreement shall be incorporated into and
made pan of the Cooperarive Agreement.
'LL-73 LQ %$J--- 7-&+3
City of Enciriitas Date
9/i I93
Date
Th./& /@LA
Date City of Vista