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HomeMy WebLinkAbout1977-10-18; City Council; Resolution 5239RESOLUTION NO. 5239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR PARTICIPATION IN THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: (1) That a cooperation agreement between the City of Carlsbad and the County of San Diego for the fourth year Com- munity Development Block Grant Project, a copy of which is attached hereto as Exhibit "A" and made a part hereof, is hereby approved. (2) That the Mayor and City Attorney are hereby authorized and directed to execute said agreement and assurances for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of orfnhPr , 1977, by the following vote, to wit: AYES: Councilmen Frazee, Lewis, Packard and Skotnicki NOES : None ABSTAIN: None ABSENT: Councilwoman Casler ATTEST: (SEAL) A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND CITY OF CAELSBAD * .- FOR A COlYMUNITY . .. DEVELOPMENT PROGWS THIS AGREEMENT is made Lnd entered into this 18th day of . , 19 77 , by and between the County of San 1 ' October Diego, a political subdivision of the State of California, herein- \ after called "County1ll and the City of Carlsbad ra municipal corporation of the State of California, located in the County of San Diego, hereinafter called i'City, '' W I T N E S S E T €I:: -. Recital A- In 19748 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 housingtapd community development activities and contains. eight separate titles. j .. Recital B, Title P OE the: ~ct 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, *c The primary objectives of Title 1 are the improvement and development of metropolitan cities and urban counties or communities by providbg financial assistance annually for area-wide plans and programs of. . public housing, public services and public works, .. . 1- , \. .' II Recital C. The County of San DIigo 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 Housing and 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 Housing 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 OZ 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 e Recital E.'., As the applicant, the County must take the full responsibility and assume all obligatioks 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 developmenk program, and the assurances ox certifications. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows : c -2- 1. The parties agree to cooperate in undertaking, or .. *. assisting in undertaking, essential comiunity 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 Rousing and Corrmunity Develop-. ment Block Grant funds under the above.recited Act, 3. The City shall prepare or work with the County in the 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 agiees 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 projects or other activities to"be conducted or performed within the City pursuant to the application, . . _-- I $ . 5, The Cigy and the County recognize that the County shall. be the governmentkl entity required to execute any grant agreement 'received pursuant to its application and that it. shall thereby become legally liable and responsible thereunder . \ * I* for the proper performance of the plan and program. The City 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 P.greerr,ent received by the County pursuant to the Act and its Regulations. -3- _. * a- 6. The Ci undertake, conduct or perform ox assist’the County in under- taking, conducting or performing the essential community de- velopment and housing assistance activities identified in the plan and program contenplated hereunder pursuant to the Act. 7. All funds received by the County in accordance with its application shall be identified and allocated to the specific projects or activities set out in the application and such allocated amounts shall be expended exclusively for such projects or activities; provided, hoyever, that a different distribution.may be made when necessary to comply with Title I of the Housing and Community Development Act of 1974. -. . 8- The period 0f:performance of this Agreement shall be for the fourth program year under the application which will - commence on the date of HUD approval sf the County’s appliktion and shall run for 12 consecutive months thereafter except when . modified under the provisions of the Regulations, anticipated that the said application will be approved prior to August 1, .4.9?8, shail be agreed to by written modification of this Agreement, * It‘ is $. All subsequent periods of performance hereunder .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- .... .... ............. .. .- ......... -. - ......... - .. .. .. .- .. c 10. The Mayor and City Attorney ;reshereby authorized to 0. execute and submit to the County of San Diego Assurance Form HUD 7015.12 with respect to the comunity development activities carried out within the boundaries of this City. understood that the Chairman of the Board of Supervisors and the County Counsel will rely upon the assurances executed by the It is further Mayor and City Attorney for purposes of executing an Assurance . form for submission to H'JD- 1lL. .All records of the City respecting this application and any project and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal business hours of the City- undertaken pursuant thereto shall be open .. P IN WITNESS WHEREOF, Cooperation Agreement to 0 '' -. , the parties have caused this be executed this 18thday of OrtnhPr, 1977 U This Agreement is approved as to form and legality and it is hereby cer-tified that the Agreement is in accordance with State and local law, COUNTY OF SAN DIEGO BY . Chairman of the Board of Superviso DONALD L. CLARK, County Counsel .. Deputy 7 Approved as to form and legality by 77. City ttorney ATTEST: PORTER D. CP3HEKS, Clerk . of the Board of Supervisors BY Deputy ROBERT c, FRAZEE, Way&' v- .. . ." .. .. .. -6- . a. . . ._ (1 1) It wi?l comply with: .. . ... - .. , ... b . . Y -. MAY OR .. .... - ctober 18. 1977 .. . Date