HomeMy WebLinkAboutCC 9 HOUSING CDBG 09-17-84 CONSENT CALEN DAR
NO. 9
September 17, 1984 -
SUBJECT:
HONORABLE BIRYOR AND CITY COUNCIL
COll4UNITY DEVELOPNENT DEPARTI~NT
THREE YEAR PARTTCTPATION AGREEHENT WXTH COUNTY OF ORANGE FOR HOUSTNG
AND COII~JNXTY DEYELOPHENT BLOCK GRANT FUNDS (CDGB)
J
BACKGROUND:
In September of 1981 the City of Tustin rejoined the Housing and Community
Development Block' Grant program in order ~o receive monies from this federally.
funded program. At that time the City was required ~o commit to three years
participation in the Urban County CDGB applical~ion for fiscal year 1982, 1983
and 1984. Since cooperation agreements for the aforementioned period will
expire on June 30, 1985, all cities again must adopt participation agreements
with the County for upcoming fiscal years 1985, 1986 and 1987 in order to
continue with the Urban County CDBG program.
The amounts the City has received from this program are as follows:
Fiscal Year
1982-83
1983-84
1984-85
Special Job Bill
Totals
South "B" Street
Housing Rehab Public Works Improvements·
$50,000 $50,000
· 75,000 75,000
25,000 75,000
65,000
$150,000 265,000
'RECOB~4ENDED ACTION:
Adopt Resolution No. 84-72 which approves the City's participation in the HCDA
program for Fiscal Years lg85, 1986 and 1987 and 'adopts the cooperation
agreement.
Associate P'I anner
MAC: do
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9.6
9.7
28
RESOLUTION NO. 84-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING THE CITY'S PARTICIPATION IN THE
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM WITH THE COUNI~ OF ORANGE.
WHEREAS, it is the intent of the City of Tustin to participate in the
filing of an application with the County of Orange for a grant authorized
under the Housing and Community Development Act of 1974, as amended; and
WHEREAS, the Housing and Community Development Act of 1974, as
amended, authorizes cities under 50,000 population to enter into
cooperation agreements with the County in which they are located for the
purpose of undertaking essential housing and community development
activities; and
WHEREAS, the federal government requires participating cities to
assure that the funds will be secured and utilized pursuant to applicable
federal, state and local laws and 'regulations relative to the Community
Development Block Grant Program; and
WHEREAS, it is necessary that the City adhere to the Housing
Assistance Plan as approved by the U.S. Department of Housing and Urban
Development for the Urban County Community Development Block Grant Program;
NOW, I~EREFORE, BE IT RESOLVED, that the City Council does hereby
adopt the Cooperation Agreement.
PASSED AND ADOPTED by the City Council of the City of Tustin,
California, at a regular meeting held on the ~day of ,
1984.
Attest:
URSULA E. KENNEDY,
Mayor
MARY E. WYNN,
City Clerk
1
2
4
7
9
'10
11
12
13
14
15
16
17
18
19
20
21
22
2~
24
26
27
O00PERATION AG~.MF/qT
19
AND
THIS AGREEMENT is entered into ~his
day of
BY AND BB'TWEEN
CITY OF , a municipal
corporation, hereinafter referred to as CITY,
COUNTY OF ORANGE, a political subdivision of
the State of California and reco~nized Urban
County under ~e Federal Housing a~d Coaunity
Development Act of 1974 (Public Law 93-383),
as amended, hereinafter referred ~o as COUNTY.
WHEREAS, Title I of ~he Housing and Community Development Act of 1974
(Public Law 93-383), as amended, hereinafter referred to as ACT, makes available ~o
cities under 50,000 population and the unincorporated area of ~e County of Orange
grants to be used for eligible Housing and Coaunity Development activities, and
WHEI~.~S, said ACT authorizes such cities and said COUNTY to enter into
a~reements in order to cooperate to undertake or assist in undertaking, con~nunity
renewal and lower income housing assistance activities, specifically urban renewal
a~d publicly assisted housing; and
WHEREAS, said Agreements give COUNTY authority to carry out activities
which will be funded from annual Community Development Block Grants for Fiscal Years
1985, 1986 and 1987 appropriations;
NOW, TH~P~FORE, the parties agree as follows:
1. This Agreement shall constitute a cooperation agreement between the
parties within the meaning of Section 102 (a)(b) of the ACT. The parties agree to
cooperate in the undertaking, or assisting in undertaking, community development and
lower income housing activities, specifically urban renewal and publicly assisted
housing.
2. COUNTY shall be responsible for the preparation, adoption and
--1--
1
2
4
5
6
?
10
11
14
15
1§
17
21
submission of an Urban County Application to the Department of. Housing and Urban
Development, hereinafter referred to as =HUD.' In the preparation of said
application, COUNTY shall give due consideration to CITY's analysis of conaaunity
development needs and proposed activities.
3. CITY shall attempt to fulfill housing 9oals established by the HUD
approved Housing Assistance Plan and shall co=~ly with the COUNTY's Com~unity
Development Block Grant Program and all laws, regulations and policies applicable to
said Program.
4. Both COUNTY and CITY agree to 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, Sectio~ 109 of Title I of the Housing and Co~nunity
Development Act of 1974, as amended, and other applicable civil rights laws.
5. In the event COUNTY's Urban County application is approved by HUD,
COUNTY shall contract with the CITY to utilize any such grant funds received from
HUD which are attributable to activities administe~ed by CITY, unless another form
of allocation is required by HUD.
6. This Agreement shall be for the three year program period covering
the llth, 12th and 13th years (Fiscal Years 1985, 1986 and 1987, respectively)
Housing and Community Development Block Grant applications. ' In no event shall this
~reement be terminated before the expiration of this three year period beginning
July 1, 1985 and ending June 30, 1988.
7. The eligible activities to be undertaken during the term of this
Agreement will be chosen by CITY from the following listing:
a. Acquisition of Real Property
b. Public Works, Facilities, Site Improvements
c. Code Snforcement
d. Clearance, Demolition, Rehabilitation
e. Rehabilitation Loans and Grants
f. Special Projects for Elderly and Handicapped
g. Payments for Loss of Rental Income
h. Disposition of Real Property
I. Provision of Public Services
--2--
1
2
3
4
§
$
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
24
25
27
j. Payment of Non-Federal Shares
Completion of Urban Renewal projects
1. Relocation Payments and Assistance
m. Planning and Management Development
n. Administrative
o. Continuation of Model Cities Activities
p. Historic Preservation
q. Economic Development
8. a. CITY shall indemnify, hold harmless and defend COUNTY, its
officers, agents and employees against all liability, claims, losses, demands and
actions for injury to oK death of persons or damage to property arising out of or
alleged to arise out or in consequence of this Agreement, provided such liability,
claims, demands, losses or actions.are claimed t° be due to the acts or omissions of
CITY, its officers, agents or employees in the performance of this Agreement,
including any activities conducted by CITY under its application.
h. In addition, CITY shall indemnify and hold harmless COUNTY
against any liability, claims, losses, demands, and actions incurred by COUNTY as a
result of a determination by HUD that activities under CITY's application failed ~o
comply with any laws, regulations, or policies applicable thereto or that any funds
forwarded to CITY under this Agreement were improperly expended.
c. The provisions of{~.am~apl%g.L, 5., 4, 5, 6 and 7 of Section 2778
of the California Civil Code, as said section exists on the effective'date of this
Agreement, shall be applicable to the above indemnification provisions. Transmittal
to CITY of any pleadings served upon COUNTY shall be deemed to be a request to
defend.
9. a. COUlqTY shall indemnify, hold harmless and defend CITY, its
officers, agents and employees against all liability, claims, losses, demands and
actions for injury to or death of persons or damage to property arising out of or
alleged to arise out or in consequence of this Agreement, provided such liability,
claims, demands, losses or actions are claimed to be due to the acts or omissions of
COUNTY, its officers, agents or employees in the performance of this Agreement,
--3--
1
2
4
6
?
10
11
12
13
14
15
16
17
18
20
21
2~
23
including any-activities conducted by COUI~Y under its application.
b. In addition, COONTY shall indemnify and hold harmless CITY
against any liability, claims, losses, demands, and actions incurred by CITY as a
result of a determination by HUD that activities undertaken unde~ COUNTY's
application failed to comply with any laws, regulations, or policies applicable
thereto or that any funds forwarded to COUNTy under this Agreement were improperly
expended.
c. The provisions of paragraphs 1, 3, 4, 5, 6 and 7 of Section 2778
of the California Civil Code, as said section exists on the effective date of
Agreement, shall be applicable to the above indemnification provisions. Transmittal
to COUNTY of any pleadings served upon CITY shall be deemed to be a request to
defend.
10. COUNTY shall have the right to periodically audit CITY's records to
determine compliance with this Agreement.
III '
III
III
III
tll
!11
III
III
III
III
III
III
III
III
-4-
1
3
4
10
11
12
13
14
15
1'/
18
21
2~
26
IN WITNESS THEREOF, CITY has caused this Agreement to be executed by its
Mayor and attested by its Clerk and COUNTY has caused this Contract to be executed
by the Chairman of the Board of Supervisors and certified by its Clerk, all having
been duly authorized by t~e City Council of CITY and the Orange County Board o~
Supervisors.
CITY OF
Dated~ By
Mayor
City Clerk
COUNTY OF ORANGE, a political subdivision
of the Strafe of California
Dated
SIGNED AND CERTIFIED THAT A COPY OF
'l~tI/~ DOCU/4EIg~ ~ BEEN DELIVERED TO
THE CHAIRMAN OF THE ~OARD.
Chair~n of the Board of Supervisors
COUNTY
LINDA D. I~OBERT$
Clerk of the Board of Supervisors
of Orange County, Califo~nia
ADRIAN KUYPER, County Counsel'
ORANGE COUNTY, CALIFORNIA
~/c~
CAzdesDH24-23
08/16/84
-5-