HomeMy WebLinkAbout1996-07-16; City Council; 13739; COOPERATIVE AGREEMENT TO JOIN CONSORTIUM FOR THE HOME INVESTMENT PARTNERSHIP FUNDING PROGRAMc c i4 I: n."/ ~, e \ CITY OF CARLSBAD - AGtNDA BILL e
RECOMMENDED ACTION:
Adopt Resolution No. qk -b?55 approving a Cooperative Agreement betwee
of Carlsbad, Encinitas, Vista, Santee, and La Mesa and the County of San Diegc
consortium for the federal HOME Investment Partnership Program.
ITEM EXPLANATION:
In 1990, the National Affordable Housing Act (NAHA) was enacted into Public La\
housing for low and very low income Americans. One of the new programs created
NAHA was the HOME Investment Partnership Act (HOME Program).
In order to receive funding under the HOME Program for FY 1996-97, on June 20
City Council approved an amendment to a Cooperative Agreement with the Cou
Diego to include Carlsbad as a member of the County's consortium for the HOME
As a member of this consortium, the non-HOME entitlement cities of Carlsbad, Encir
and Santee were eligible to receive HOME entitlement funds annually for the dur:
Cooperative Agreement. The Cooperative Agreement to form this HOME Cons
expire on September 30, 1996.
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 HC
Currently, Carlsbad must compete with other jurisdictions for a portion of the State's
of HOME funds.
However, regulations for the HOME Program do allow for geographically contiguc
general local government to form a HOME consortia eligible to receive entitlemen
order for the City to continue to participate in a HOME Consortium, a new C1
Agreement between the County of San Diego, the cities of Carlsbad, Encinitas, Vist
and La Mesa must be executed and submitted to the U.S. Department of Housing
Development by August 1, 1996. This agreement will be for three federal fi
beginning with FFY 1997 and therefore, will expire on September 30, 1999.
As a participant in the HOME Consortium, the City of Carlsbad would then be eligible
an estimated 1997-98 HOME allocation of $193,000 with a local matching funds re
of $48,250. HOME funds may be used to provide affordable rental and home
housing through acquisition, rehabilitation, new construction of housing and tenant-b,
the primary objective of which is to continue and expand the federal commitment to
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Participation in the San Diego County HOME Consortium is consistent with the pol
Housing Element of the General Plan and the Consolidated Plan to pursue 0th
resources to increase affordable housing opportunities for low and very low incom
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On July 1, 1996, the Housing Commission considered the City's participation in
Consortium. The Housing Commission recommended the City Council ap
Cooperative Agreement between the cities of Carlsbad, Encinitas, Vista, Santee, ar
and the County of San Diego to form a HOME Consortium for the purpose of incr
local supply of decent affordable housing to low and very low income persons.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. Administration of the HOME Consc
be the responsibility of the County of San Diego and will include such activities i
preparation and management, receipt, disbursement and accounting of HOME prog
and the submission of all reports and data as required by the U.S. Department of H
Urban Development. Costs associated with the management and administration of
program will be charged against the HOME administrative fee. HOME funds shall al:
to pay for those costs associated with the direct management and implementatior
funded projects/programs.
The City will receive an estimated HOME allocation of $175,900 to provide IC
households with affordable rental or homeownership opportunities through a
development, new construction, rehabilitation, or tenant based rental assistance. Thl
be responsible for contributing matching funds of not less than 25 percent ($44,001
HOME funds received.
At this time, it is expected that the matching funds requirement will be met throi
Redevelopment Housing Set-Aside funds. Another source for contributing matching
be determined upon identification of the specific projectlprogram to be awarded thr
funds. Matching contributions may also be made in the form of a forbearance of fee:
of donated land, the cost of investment in infrastructure, and the value of site-pi
construction materials and any donated or voluntary labor.
EXHIBITS:
1. Resolution No. 7 kt -3,s 5 approving the Cooperative F
between the cities of Carlsbad, Encinitas, Vista, Santee, and La Mesa and t
of San Diego to form a consortium for the federal HOME Investment P
Program.
Cooperative Agreement to Form a Consortium. 2.
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CITY COUNCIL RESOLUTION NO. 96-255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COOPERATrVE
AGREEMENT BETWEEN THE CITY OF CARLSBAD, OTHER
MEMBER CITIES, AND THE COUNTY OF SAN DDEGO TO FORM
CONSORTIUM FOR THE FEDERAL HOME INVESTMENT
PARTNERSHIP PROGRAM
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;
WHEREAS, Title I of NAHA authorizes the HOME Investment Partnerships Ac1
known as the HOME Program to provide housing opportunities;
WHEREAS, the HOME Program authorizes contiguous units of general loca
government to join together in a consortium;
WHEREAS, the County and the Cities have each prepared Consolidated Plan
which were submitted to the U.S. Department of Housing and Urban Development (HUD
in accordance with Title 24 of the Code of Federal Regulations, Part 92;
WHEREAS, it is the desire of the Cities and the County to form a Consortium ti
implement the objective of increasing the local supply of decent affordable housing to lo\
and very low income Americans; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City c
Carlsbad, California, as follows:
1.
2.
The above recitations are true and correct.
The City Council hereby approves the Cooperative Agreement between tk
cities of Carlsbad, Encinitas, Vista, Santee, and La Mesa and the Couni
of San Diego to form a consortium for the federal HOME Investme
Partnership Program for the purpose of increasing the local supply of dece
affordable housing to low and very low income persons.
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3. The City Manager, or his designee, is hereby authorized and instructed to
enter into a Cooperative Agreement with the County of San Diego and other
members of the Consortium for and on behalf of the City of Carlsbad and
to act on behalf of the City in all other manner of business related to the
function of the Consortium.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Carlsbad, California, on the 16th day of JULY ,1996, by
the following vote, to wit:
AYES:
NOES: None
ABSTAIN: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ABSENT: None
ATTEST:
KRANZ, City Clerk g%LiiEiJi
WEN R. KLNDTZ, ssistant City Clerk
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COOPERATIVE AGREEMENT TO FORM
A HOME CONSORTIUM
This Agreement entered into by and between the CITIES OF Carlsbad, Encinitas, La Mw
Santee, and Vista (hereinafter referred to as "CITIES"), and the COUNTY OF SAN DIEG(
(hereinafter referred to as "COUNTY"), on , 1996.
WIT NE S ET H:
WHEREAS, there has been enacted into law Public Law 101-625, the National Af€or&ibl
Housing Act of 1990 (NAHA), the primary objective of which is to increase the supply of decer
affordable housing to low- and very low-income Americans; and
WHEREAS, Title 11 of NAHA authorizes the HOME Investment Partnerships Act known as th
HOME Program to provide housing opportunities: and
WHEREAS, the HOME Program authorizes contiguous Units of general local government to joi
together in a consortium; and
WHEREAS, The County and the Cities have each prepared Consolidated Plans which we1
submitted to the U.S. Department of Housing and Urban Development (HUD) in accordance wit
Title 24 of the Code of Federal Regulations, Part 92; and
WHEREAS, it is the desire of the Cities and the County to form a consortium to implement thl
objective of increasing the local supply of decent affordable housing to low- and very low-incoml
Americans; NOW THEREFORE
IT IS AGREED AS FOLLOWS;
1. COMPLIANCE WITH LAW: All members of the Consortium agree to comply with th
applicable portions of: Title 24, Subtitle A, Part 92 of the Code of Federal Regulations; th
Housing and Community Development Act of 1974 as amended; Title 24, Chapter V, Part 571
of the code of Federal Regulations; Title 24, Subtitle A, Part 58 of the code of FedeE
Regulations; Title VI of the Civil Rights Act of 1964; Title Vm of the Civil Rights Act of 1968
Section 109 of the Housing and Community Development Act of 1974; Section 3 of the Housin
and Urban Development Act of 1968; Executive Orders 11246, 11063 and 11593; the Uniforr
Relocation Assistance and Real Property Acquisition Policies Act of 1970; Title 24, Part 42 o
the code of Federal Regulations; OMB Circular A-122 and Attachments A, B, C, F, H, N an(
0; the Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act o
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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1.1 FAIR HOUSING: Each member of the consortium shall affhnadvely further fair housing
2. TERMINATION OF AGREEMENT: In accordance with 892.101(c) of the Code of Federa
Regulations, this Agreement cannot be terminated for a period of three federal fiscal year
beginning with federal fiscal year 1997 (1996-97; 1997-98; 1998-99). Program year for thi
Consortium, its members, and the various programs funded is, however, July 1 through June 30
3. PROGRAM ADMINISTRATION The Program Administrator for this Consortium shal
be the County of San Diego.
3.1 RESPONSIBILITIES OF PROGRAM ADMINISTRATOR: The Progran
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 of Federa
Regulations. The Program Administrator shaU be specifically responsible for the followini
Receipt, disbursement and accoUnting of all HOME Program and matchini
funds;
Submission of all reports and data as may be required by HUD;
(a)
(b)
4. CONTRACT ADMINISTRATION "he Director, San Diego County Department of Housinl
and Community Development shall administer this agreement on behalf of the County. The Cit
Manager shall administer this agreement on behalf of each City. The Cities agree to supply tc
County within a reasonable period of time after request, progress reports or other documentatioi
as shall be required by the County's contract administrator to audit performance of this agreement
The Prom Administrator shall provide each member of the Consortiurn a copy of the Annua
Performance Report (€IUD Form #401 I07 and all its attachments).
5. RECORDS AND REPORTS: The Program Administrator shall maintain rwrds as requira
by HUD. All records of the County respecting individual Projects and programs shall be open an(
available for inspection by auditors assigned by HUD andor the Cities during the normal businesi
hours of the County. The Cities shall maintain records and submit such reports and informatior
as may be necessary for the County to fulfill its obligations as administrator of the Consortium
6. LIABILITY AND INDEMNIFICATION. Pursuant to Section 895.4 of the Governmen
Code, County and Cities agree that each will assume the full liability imposed upon it or 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 and hola
harmless the other party for any loss, cost or expense that may be imposed upon such other par it^
by virtue of sections 895.2 and 895.6 of the Government Code.
7. NOTICE; Any notice or notices required or permitted to be given pursuant to this agreemen
may be personally served on the other party by the party giving such notice or may be served bj
certified mail.
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8. DISTRIBUTION OF FUNDS: Funds awarded to the consortium shall be distributed tc
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 equal
the number of households at or below the poverty rate. All figures shall be based upon the mos
current census data as provided by the San Diego Association of Governments (SANDAG).
8.1 METHOD OF DIS’IlUB~ON No later than 30 calendar days fiom notificatioi
by HUD that HOME Investment Partnership funds have been awarded to the Consortium
the Program Administrator shall cause to be issued a Notification of Funds. Tha
notification shall indicate the mount of funds available to each City and the County ant
shall grant each jurisdiction 70 calendar days to sponsor or submit a proposal for ill
eligible activity. If a proposal is not sponsored by or received fiom a City, that City’:
share of HOME funds shall be distributed according to paragraph 8.2 below. An activit]
shall be considered eligible if it conforms to the requirements of Title 24, Part 92, Subpar
E of the Code of Federal Regulations.
8.2 METHOD OF IREDISTRIBUTION All funds recaptured or unused by an!
member of the Consortium shall be pooled and made available to the remaining member:
of the consortium through the issuance of a second Notification. The Progran
Administrator may include unused or recaptured funds from a previous fiscal year in i
such notification if there is at least 12 months remaining before the U.S. Department o
Housing and Urban Development recapture date.
8.3 ADMINISTRATIVE FEES: Administrative fees, if any, shall be retained by th(
Program Administrator for the management of the HOME Program. Only costs associatec
with the management and administration of the HOME Investment Program may bc
charged against HOME administrative allocations.
8.4 MATCHING CONTRIBUTIONS: Each member of the consortium shall bc
responsible ffor meeting the federal matching requirements of 892.218 and 892.220 of thc
Code of Federal Regulations for each activity it sponsors or proposes. All matching fundz
shall be deposited in the Local HOME Account and shall be credited to the specific activio
for which the funds were intended. Credit for excess matching funds shall be applied tc the overall match requirements of the Consortium.
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 fundi
available to the Cities shall become available to all members of the consortium or ani
other eligible applicant in accordance with Paragraph 8.2. Funds not used, includinj
positive balances remaining after an activity is completed, by a jurisdiction shall becorn(
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available to all members of the consortium or any other eligible applicant in accordanc
with Paragraph 8.2.
8.6 EXCLUSION OF FUNDS: This Agreement applies only to those funds receive
under the HOME Investment Partnership Program and funds received as matchin
contributions. This Agreement does not apply to or control funds other than thos
described in this paragraph.
8.7 CONSORTIUM'S OBLIGATION TO DISTRIBUTE FUNDS: If HOME funds a
not awarded to the Consortium by the U.S. Department of Housing and Urba
Development, the Consortium's obligation to distribute those funds to Consortium
members will be terminated.
9. CONSOLIDATED PLAN STRATEGY : The Program Administrator shall be responsibl
for the preparation and submission of Consolidated Plan (s) as required under 891.23 an
891.21(a)(l)(i),(ii) and (iv) of the Code of Federal Regulations.
9.1 APPROVAL OF CONSOLIDATED PLAN (SI : The Consolidated Plan (s) sha
not be submitted to €IUD until it (they) has (have) been approved by the eleete
representatives of each member of the Consortium.
AMENDMENTS TO THE CONSOLIDATED PLAN (S): Any require
amendments to the Consolidated Plan (s) shall be made in accordance with Titl
24 of the Code of Federal Regulations, Parts 91 and 570.
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10. NEW MEMBERS: New members of the Consortium shall be allowed upon receipt of
request to join the Consortium.
10.1 AUTHORIZING RESOLUTIONS: Each quest to join the Consortium must b
accompanied by Certified copies of authorizing resolutions by the governing bod
of the local government.
FULL COST RECOVERY: Any and all costs associated with a new membc
joining the Consortium, including any rquired amendments to the Consdidate
Plan (s), shall be paid by the local government wishing to join the Consortium pric
to becoming a member.
AVAILABILITY OF HOME FUNDS: HOME funds shall not be available to
new member of the Consortium until the fiscal year in which the feder;
Department of Housing and Urban Development includes that locality in i
calculations for distribution of HOME funds.
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10.4 AUTHORITY TO AMEND AGREEMENT TO ADD NEW MEMBERS: Tht
Program Administrator is authorized to amend the consortium agreement on behal
of the entire consortium to add new members to the consortium.
11 AUTHORITY TO JOIN CONSORTTUM: Each member of the Consortiun
hereby certifies that it is authorized to enter into this Agreement. Authorizinl
resolutions from the governing body of each unit of local government joining thc
Consortium are incorporated into this Agreement under Attachment A and madl
part of Uus Agreement.
12. COOPERATION IN UNDERTAKING HOUSING ASSISTANCE UNDEB
HOME: Each member of the Consortium agrees to cooperate to undertake or tc
assist in the undertaking of housing assistance activities for the HOME Program
IN WITNESS WIIEREOF, the parties have executed this agreement on the day and the year firs
above written.
BY Date
County of San Diego
Date-
City of Carlsbad
Date?* 1 - 9 4
Date 7 -144
City of La Mesa
BY Date 4/27/7c
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City of Santee
By 4l-d.- vl/z? w City of Vista
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 a 'vities for the HOME Investment Partnership Program.
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