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.
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Agenda
August 14, 1984
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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:
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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
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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.
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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:
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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.
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AUG 14 1984 ITEM 9
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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.
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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.
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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
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CERTIFICATIONS
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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;
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(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
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CITY ATTORNEY
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