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HomeMy WebLinkAbout1978-11-07; City Council; Resolution 55951 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 CITY COUNCIL RESOLUTION NO. 5595 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COOPERATION AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE PARTICIPATION IN THE FIFTH YEAR OF THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS,- the County of San Diego has requested that the City of Carlsbad express its intent to participate in the Fifth- Year Housing and Community Development Program; and WHEREAS, the City Council of the City of Carlsbad desires to express its intention to participate; and WHEREAS, the City Council recommended APPROVAL of a Cooperation Agreement with the County of San Diego for the participation in the fifth year of the Housing and Community Development Block Grant Program; 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 is hereby authorized to execute said document. 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 directed to execute HUD Form 2015.12 (11-75) "Assurances". (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) (LINE NOT USED) 1 2 3 4 c; U E 'i E E I( 13 1: 1: 1f l! 1( 1' li 1' 21 2: 21 2 2 2 2 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the :ity Council of the City of Carlsbad, this - 7th day of November L978, by the following vote, to wit: , AYES : Councilmen Skotnicki, Lewis, Anear and NOES : None ABSTAIN: None Councilwoman Casler ABSENT: Councilman Packa ATTEST: Lz&df%R-V?a& ALETHA L. RAUTENKRANZ, CLERK OF SAN DIEGO AND FOR A COFiUNITY BEVZLOPMENT P 2OG -WVi THIS AGREEMENT is made and entered into this day of 0 19 by and between the County of San Diego, a political subdivision of th=J State of California, herein- after called "County", and ,a municipal corporation of the State of California, located in the County of San Diego, hereinafter called "City- I* W I T N E S S E T H: Recital A. In 1974, the U.S- Congress enacted and the President signed a law entitled, The Housing and Comunity De- velopment Act of 1974, herein called the "Act." The said Act is omnibus legislation relating to Federal involvement in a wide range of housing and comiunity developnent activities and contains eight separate titles- Recital B. Title I of the Act is entitled, Conaunity Development, and consolidates several existing categorical programs for housing and community developen? into new prograrns for such housing and development under block financial grants, The primary objectives of Title I are the improvaxent and development of metropolitan cities and urban counties or comxunities by providing financial assistance annually for area-wide plans and programs of - public housing, public services and public works, 0 The County of Szn Dip has heretofore e .> - f - Recital C. requested of the Department of Ho2sing and Urban Development that it be qualified as an urbm county and thereby become eligible for financial ectitlenents to receive Housing and Community Development Block Grant Eunds. Pursuant thereto, the Cocnty has been informed preliminarily, subject to final deter- mination, that it will qualify as ZR nrban county and be eligible for funds, Recital D, The Housing and Coixminity Development Block Grant Regulations issued pursuant to the Act (the Regulations) provide that qualified urban counties nust submit an application to the Department of Housing and Urbin Development for funds and that cities and smaller comunities within the netropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part 0: a more comprehensive County effort, Recital E. As the applicant, the County must take the full responsibility and assume all obligations of an applicant. under the statute, This includes the analysis of needs, the setting of objectives, the developeat of conrmnity development and housing assistance piens, the ox-ycar connunity development program, and the assurances or certificztions. NOW THEREFORE, in considerztion of the mutual promises, recitals and other provisions hereof, the parties agree as follows : -2- . 0 a .? 1. The parties agree to ccs2srate in undertaking, or housing assistance activities, spierricaliy 1- urban renewal and publicly-assisted housins.. 2. The City agrees that it s&ll be included in the application the County shall make to the Department of Housing and Urban Development for Title I Eousing and Coninunity Develop- . ment Block Grant funds under the a'mve recited Act. 3. The City shall prepare or w~rk with the County in the preparation of a detailed project or projects or other activities to be conducted or performzd within the City the plan of which shall be included in the aforesaii? z2plication. 4. The County agrees to inclu2e the City in its applica- &he City in the preparation tion under the Act and to work of the detailed project or projects or other activities to be conducted or performed within the City pilrsuant to the application, 5. The City and the County recognize that the County shall be the governmental entity r252Lred to execute any grant agreement received pursuant to its 222lication and that it shall thereby become legally liab1e zd responsible thereunder for the proper performance of the p?z,n and program. agrees that it shall fully cooperate with the County in all cooperative effort hereurder and tkt it shall do any and all things required and appropriate tc cox2ly with the provisions of any Grant Agreement received hi- tks County pursuant to the Act and its Regulations- The City -3- -- 6. The City agrees and does hereby commit itself to undertake, conduct or perform or assist the County in under- taking, conducting or performinc; the essential community de- velopment and housing assistance zctivities identified in the plan and program contemplated hereunser pursuant to the Act. 7. AI1 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 bz expended exclusively for such projects or activities; provided, however, that a different distributionmay be made when necessary to comply with Title I of the Housing and Community Developrent Act of 1974. 8. for the-fjifth The period of performance of this Agreement shall be program year under the application which will commence on the date of HUD approval of the County's application and shall run for 12 consecutive 1202~&5 thereafter except when . modified under the provisions of the Regulations. It is anticipated that the said applicatio2 will be approved prior to . August 1, 1979. All subsequent periods of performance hereunder shall be agreed to by written modification of this Agreement, fully executed by the parties. 9. The parties agree that a fully executed amendinent or amendments to this Agreement shall bs 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- 10. The Mayor and City Attorney are hereby authorized to execute and submit to tht? County of Sa3 Diego Assurance Fonm HUD 7015.12 with respect to the co~zunity developnent activities carried out within the boundaries of this City- It is further understood that the Chairman of thz Board of Supervisors and the County Counsel will rely upon the assurances executed by the Mayor and City Attorney for purposes of executing an Assurance form for submission to H~JD, 11. .All records of the City respecting this applicathn and any project undertaken pursuant thereto shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal . business hours of the City. -5- L 0 IN WITNESS WHEREOF, the parties have caused this Cooperation Agreement to be execut23 this day of This Agreement is approved COUNTY OF SAN DIEGO as to form and legality and it is hereby certified that the Agreement is in accordance with State and BY local law. Chairman of the Board of Supervisors Of the Board of Supervisors BY Deputy Deputy BY Approved as to form and legality by THE CITY OF BY City Attorney ATTEST: city Clerk -6- :. -L . '* * AS$ U .9 A X C E S (6) - (9) 0 (ii) he13 at Itzst t'xo public hearin9 t9 obtain thc sitws of ciikns on community devdopmcnt and housinz needs; and piovided citizzns an 2dcqu3:e o?prtunity to arricul.rt r,c?eEs. express preferenczs about proposed acti\+ties, assist in the selection of pKi3iiik. 2nd o:herrrIsc to pxli<p!c in (iii) dzvc1oymer.t of the applialtidn. (ii) and . . . . . - . .. - .