Loading...
1987-108 CDBGRESOLUTION NO. 87-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN DIEGO FOR ADMINISTRATION OF THE CDBG PROGRAM WHEREAS, the City of Encinitas is not designated an "entitlement" City under the Federal Community Development Block Grant program; and WHEREAS, a cooperative agreement between the city and the County of San Diego is therefore desirable to continue to assure that CDBG funding is made available for projects within the city; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Encinitas, that the Cooperative Agreement attached hereto as Exhibit "A" is hereby accepted and approved. BE IT.FURTHER RESOLVED that the Mayor and city Attorney are authorized to execute said Agreement. PASSED AND ADOPTED by the City Council of the city of Encinitas, this 14th day of October, 1987, by the following vote, to wit: AYES: Gaines, Luke, Omsted, Shea NAYS: None ABSENT: Steel ABSTAIN: None ATTEST: E. JA~E POOL, City Clerk CCM/91 .M~R~.~IE GAINES, Mayor of the C ityJ/o f Encinitas Book #,, ~ ' Page Exhibit "A", Resolution 87-108 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 Development 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 programs 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 development of metropolitan cities and urban counties or commun- ities by providing financial assistance annually for area-wide plans and programs of public housing, public services and public works. Book RecitaI 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: 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- -2- Book 'Page #-~~ 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 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 preformed within the City the plan of which shall be included in the aforesaid application. 4. The County agrees 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 project or other activities to be conducted or performed within the City pursuant to the applica- tion. 5. The County is hereby authorized to carry out activities which will be funded from annual Community Development Block Grants from Fiscal Years 1988, 1989, and 1990 appropriations and from any program income generated from the expenditure of such funds. The City and the County recognize that the County shall be the governmental entity required to execute any grant agree- ment 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- Book ' P~ge #_~LL~ 6. The City agrees and does hereby commit itself to undertake, conduct or perform or assist the County in under- taking, conducting or performing the essential community develop- ment 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 City shall notify the County of any income gener- ated by the expenditure of CDBG funds received by the City. Such program income may be paid to the County, or the City may retain the program income subject to the provisions of this Agreement, the Act and its Regulations. Any program income retained must only be used for eligible activities in accordance with all CDBG requirements as then apply. 9. The County shall monitor the use of any program income, requiring appropriate record-keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close-out or change of status of the City, all program income on'hand or received by the City subsequent to the close-out or change of status shall be paid to the County. 10. The City shall notify the County of any modification or -4- Book# change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use. 11. The City shall reimburse the County in an amount equal to the current fair market value, less any portion thereof attributable to expenditures of non-CDBG funds, of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the Regulations. The City shall fully inform the County of such program income within thirty (30) days of the sale or change of use of property acquired or improved with CDBG funds. 12. In the event of close-out or change of status of the City or termination of this Agreement between the County and the City, such program income resulting from the disposition or transfer of property acquired or improved with CDBG funds shall be paid to the County by the City. 13. The period of performance of this Agreement shall be for the Fourteenth, Fifteenth, and Sixteenth Program Years under the Fourteenth, Fifteenth, and Sixteenth-Year Application(s) which will commence on the date of HUD approval of the County's Fourteenth-Year Application and shall run for 36 consecutive months thereafter except when modified under the provisions of the Regulations. It is anticipated that the Fourteenth-Year Application will be approved prior to August 1, 1988. Ail subsequent periods of performance hereunder shall be agreed to by -5- Book #. written modification of this Agreement, fully executed by the parties. 14. 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. 15. The Mayor and City Attorney are hereby authorized to execute and submit to the County of San Diego the HUD Certifica- tion 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. 16. 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. 17. Parties shall take all required actions to comply with the Urban County's Certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 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. -6- 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 undertaking essential community development and housing assistance activities, specifically urban renewal and public assisted housing. LLOYD M. HARMON, JR. County Counsel COUNTY OF SAN DIEGO By Deputy By Chairman of the Board of Supervisors ATTEST: KATHRYN A. NELSON Clerk of the Board of Supervisors Approved as to form and legality by: By. Deputy City Attorney ATTEST: THE CITY OF Encinita$ _W_ Book # -