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Item 9 - 3 Yr. Cooperation Agrmnt. for Comm. Dev. ProgamE Ak AML UB.N DA Khr®�T CITY OF P ®WAY T0: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man_ INITIATED BY: Patrick R. Foley, Assistant to the City Mandgb DATE: August 14, 1984 SUBJECT: Three Year Cooperation Agreement Between The County of San Diego and,the City of Poway For A Community Development Program. The City of Poway has participated with the San Diego Urban County in a three year (1982, 1983, and 1984) Community Development Block Grant (CDBG) Program. 'The City entered into a three year Cooperation Agreement with the County allowing our participation in their 8th, 9th, and 10th Community Development Block Grant applications to HUD. That agreement expires at the end of the current program year on July 22, 1985. 1301001), In accordance with the Federal Department of Housing and Urban Development regu- lations, the City of Poway is eligible to participate in the San Diego Urban County (1985, _ 1986, and 1987) Eleventh, Twelfth, and Thirteenth Year CDBG applications. _ If the City chooses to participate in the San Diego Urban County applications, another Cooperation Agreement between the County of San Diego and the City-of Poway must be approved by the City Council for consideration by the Board of Supervisors no later than August 31, 1984. The three year Cooperation Agreement also requires the execution of the HUD Certification Form by the Mayor and City Attorney. A copy of the Cooperation Agreement and HUD Certification Form are attached for your review. These documents have been reviewed by the City Attorney. ACTI ®N: Adopted Resolution No. 84 -074 approving a 3 yr. coop. agreem with the County for a community development program. Authorized Mayor &City Attorney to execute the HUD certifi- capon form. i. 1 of 11 JdVSeibert, De'pu r AUG 14 1984 ITEM 9 00 Agenda August 14, 1984 Page 2 fci� K •0 It is reconsnended that the City Council take the following actions: 1. Adopt the attached Resolution authorizing the Mayor to execute the Cooperation Agreement Between the County of San Diego and the City of Poway for three years. 2. Authorize the Mayor and the City Attorney to execute the HUD Certification Form. R Attachments: Eof 11 AUG 141984 ITEM 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING A THREE YEAR COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF POWAY FOR A COMMUNITY DEVELOPMENT PROGRAM WHEREAS, The United States Congress enacted the Housing and Community Development Act of 1974 providing Federal funds for a wide range of housing and community development activities; and WHEREAS, the Housing and Community Development Block Grant Regulations allow smaller communities within a metropolitan area to join with the County's appli- cation to the Department of Housing and Urban Development for funds; and WHEREAS, the City shall be included for the next three years in the County's applications to the Department of Housing and Urban Development for Block Grant funds. NOW, THEREFORE, the City Council of the City of Poway does hereby approve the three year Cooperation Agreement with the County of San Diego for a Comunity Development Program and authorize the Mayor to execute same. PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway, California, at a regular meeting thereof this 14th day of August, 1984. Bruce J. Tarzy, Mayor ATTEST: Marjorie K. Wahlsten, City Clerk 3 of 11 AUG 14 1984 ITEM 9 .T. 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. 4 of 11 AUG 14 1984 ITEM 9 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 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 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 - s of 11 AUG 14 1984 ITEM 9 00 m 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 activities which will be funded from annual Community Development 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 responsi,le 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. Di 1 j - 3 - AUG 14 1984 ITEM 9 ®® 0® 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 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. =1= 7 of 11 AUG 14 1984 ITEM 9 9® 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 E8 of 11 f AUG 14 1984 ITEM 9 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 public assisted housing. LLOYD M. HARMON, JR. county Counsel LO Deputy Approved as to form and legality by City Attorney ATTEST: By City Clerk COUNTY OF SAN DIEGO By Chairman of the Board of Supervisors ATTEST: PORTER D. CREMENS, Clerk of the Board of Supervisors By Deputy THE CITY OF By Mayor 9 of 11 6 AUG 14 1984 ITEM 9 CERTIFICATIONS W The grantee certifies that: (a) It possesses legal authority to make a grant submission. and to execute 8 community development and housing program; (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 a_--,d au understandings and assurances contained therein, and directing and authorizir? the person identified as the official representative of the grantee to act v-1 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 9 510.30.1(aX2) Emd h provided citizens with: (A) the estimate of the amount of CDBG funds pro.pae-d to b- used for activities that will benefit persons of low and moderate income; and (B) its plan for minimizing displacement of- persons as a res4it 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 § 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_ 21300d e• t seq.); and (2) Title VIII of the Civil Plights Act of 1968 (Pub. L. 90 -284; 42 U.S;C_ 3001 et seg.); (e) it will affirmatively further fair housing; ' D -1 _ 10 of 11 i _ February 1984 AUG 14 1984 1 T E M. 9 �4 e (f) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit tow and moderate income families or aid in the prevention or elimination of slums or thigh t; (t!-_e final statement of projected use of funds nay 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 available); except that the ao regate use of CDBC funds. received under section 106 of the Act and, if applicable, under section 108 of the _ Act, during (a period sp-acif -ed by the grantee consisting of 1, 2, or 3 prop am years), shall principally benefit persons of low and moderate income in a manner that ensures that not less than 51 percent of such funds are used for activities that benefit such persons during such period; (g) It has developed a community develop -mi ent plan, for the period soecLied in - paragraph (f) above,, that identi�ies community development -and housing needs and specifies both short and long-term community development objectives that have been developed in aecordap.ce 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 capi`al 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- ehAr-ged 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 lee 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 (j) It will comply with the other provisions of the Act and with other applicable laws. THE CITY OF 11 of 11 f i M DATE MIA 1 CITY ATTORNEY AUG 14 1984 [T E M 9