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
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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.
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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-
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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.
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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
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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
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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.
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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 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$
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