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HomeMy WebLinkAboutCC RESO 14,411RESOLUTION NO. 14,411 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING TO NOT ENTER INTO A THREE YEAR COOPERATION AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 1985, 1986 and 1987. WHEREAS, the County of San Diego, by letter dated July 25, 1984, has offered the City of National City a cooperation agreement between the County of San Diego and the City of National City for a community development program; and WHEREAS, the Executive Director of the Community Development Commission has analysed said cooperation agreement, the Community Development Block Grant Program, and National City's alternatives under the Program, and has prepared a written report recommending against entering into the cooperation agreement with the County and stating the reasons for his recommendation; and WHEREAS, the City Council has read said report and is in agreement with its recommendation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to inform the County of San Diego that National City elects to not participate with the County of San Diego in the eleventh through thirteenth year (1985, 1986 and 1987) of the Urban County Community Development Block Grant Program and funding. PASSED AND ADOPTED this 14th day of August, 1984. KiTe Morgan ayor ATTEST: Ione ampbell, City A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND FOR A COMMUNITY DEVELOPMENT PROGRAM THIS AGREEMENT is made and entered into this day of , 19, by and between the* County of San Diego, a political subdivision of the State of California, hereinafter called "County", and • , a municipal corporation of the State of California, located in the County of San Diego, hereinafter called "City". 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 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 housing and community development activities and contains eight separate titles. Recital B. Title I of the Act is entitled, Community Development, and consolidates several existing categorical pro- grams for housing and community development into new programs for such housing and development under block financial grants. The primary objectives of Title I are the improvement and deve- lopment of metropolitan cities and urban counties or communities by providing financial assistance annually for area -wide plans and programs of public housing, public services and public works. Recital C. The County of San Diego 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 determination, that it will qualify as eligible for funds. Recital D. Grant Regulations an urban county and be The Housing and4Community Development Block issued pursuant to the Act (the Regulations) provide that qualified urban counties must submit an application to the Department of 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. 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 development of community development and housing assistance plans, the community development program, and the assurances or certifications. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: - 2 1. The parties agree to cooperate to undertake, or assist in undertaking, Community renewal and lower income 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 Housing and Community Development 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 agrees to include the City in its application 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. 5. The County is hereby authorized to carry out which will be funded from annual Community Development activities Block Grants from Fiscal Years 1985, 1986, and 1987 appropriations. The City and the County recognize that the County shall be the governmental entity required to execute any grant agreement received pursuant to its application and that it shall thereby become legally liable and responsible thereunder for the proper performance of the plan and program. The City agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its Regulations. - 3 6. The City agrees and does hereby commit itself to under- take, conduct or perform or assist the County in undertaking, con- ducting or performing the essential community development and housing assistance activities identified in the plan and program contemplated 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 1 projects or activities; provided, however, 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 of performance of this Agreement shall be for the Eleventh, Twelfth, and Thirteenth Program Years under the application which will commence on the date of HUD approval of the County's application and shall run for 36 consecutive months thereafter except when modified under the provisions of the Regulations. It is anticipated that the said application will be approved prior to August 1, 1985. 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 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 10. The Mayor and City Attorney are hereby authorized to execute and submit to the County of San Diego the HUD Certification Form with respect to the community development activities carried out within the boundaries of this City. It is further understood that the County will rely upon the Certifications executed by the Mayor and City Attorney for purposes of executing a Certification Form for submission to HUD. 11. All records of the City 'respecting this application 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. 12. Parties shall take all required actions to comply with the provisions of Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. - 5 • IN WITNESS WHEREOF, the parties have authorized this Cooperation Agreement and direct its execution by their respective chief executive officers this day of The terms and provisions of this Agreement are fully authorized under State and local law and the Agreement provides full legal authority for the County to undertake or assist in under- taking essential community development and housing assistance activities, specifically urban renewal and pubic assisted housing. LLOYD M. HARMON, JR. county Counsel COUNTY OF SAN DIEGO By Deputy By Chairman of the Board of Supervisors Approved as to form and legality ATTEST: PORTER D. CREMENS, by City Attorney ATTEST: By City Clerk By Clerk of the Board of Supervisors Deputy THE CITY OF By Mayor - 6 CERTIFICATIONS • The grantee certifies that: (a) It possesses legal authority to make a grant submissionand to execute a community development and housing program; _ a (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement end all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: (1) met the citizen participation requirements of S 570.301(aX2) and has provided citizens with: (A) the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and (B) its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) prepared its final statement of community development objectives and projected use of funds in accordance with S 570.301(a)(3) and made the final statement available to the public; (d) The grant will be conducted and administered in compliance with: • (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 U.S.C. 2000d et seq.); and (2) Title VIII of .the Civil Rights Act of 1968 (Pub. L. 90-284; 42 U.S.C. 3601 et seq.); (e) It will affirmatively further fair housing; D-1 February 1984 • (f) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not avallable); except that the aggregate use of CDBG funds received under section 106 of the Act and, if applicable, under section 108 of the Act, during (a period specified by the grantee consisting of 1, 2, or 3 program years), shall principally benefit persons of low and moderate income in a manner that ensures that not less than 51 percentof such funds are used for activities that benefit such persons during such period; (g) It has developed a community development plan, for the period specified in paragraph (f) above,, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (h) It is following a current housing assistance plan which has been approved by HUD pursuant to S 570.306; (i) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of low income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1); and (i) It will comply with the other provisiors of the Act and with other applicable laws. THE CITY OF MAYOR CITY ATTORNEY DATE Mom D- 2