HomeMy WebLinkAboutCC Res 2834 1978-11-13
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RESOLUTION NO. .:?~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH APPROVING THE CITY'S PARTICIPATION
IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM WITH THE COUNTY OF ORANGE.
WHEREAS,
it is the intent of the City of Seal Beach to participate in
the filing of an application with the County of Orange for
a grant authorized un~er the Housing and Community Development
Act of 1977; and
WHEREAS, the Housing and Community Development Act of 1977 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 community development
acttvities; and
WHEREAS, the Federal government requires partictpating cities to
provide a statement of assurances that the funds will be
obtained and utilized pursuant to Federal law and policy;
and
WHEREAS, it is necessary that the City adopt a Housing Assistance
Plan before ftHng an appl1ci\tion with the County of Orange
for fundtng i\uthorized under the Housing and Community
Development Act of 1977.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve and adopt a cooperation agreement with the County of Orange
(Exhtbtt A) and statement of assurances (EXhibit B) in order to obtain
funding for the projects proposed.
PASSED AND ADOPTED this d!!.. day of 17~N-....4'~, 1978, by the
followtng vote: tJ. , P , J
AYES: councilme~AJ' ~,,/'j~.I'4.JL,rl1J, I/j,,,~
NOES: Councilmen ~~
ABSENTT councilme~~~
~a..t~r
Mayor
ATTEST:
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Resolution Number
COll~!l'Y OF ORANG!::
F.NVIR(l~mENTAL I!ANAr:r.m:llT AO:NCY
I{<l,:g C;t; Mill CO!lHlJNlTY I1:;VELOP~:ENT COOI'EP-ATTON AGREENEIlT
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~:r.~IORA;-':\J[:1 OF COOP!::RATlO!I ACR.F.l,NENT entered into this
13th dl!}' of
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, 19z.a.
,-NQ'\l.ember
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BY NiIl nTHI::p.N
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CITY OF
poration)
SEAL BEACH a I'lllnicipal cor-
hereinafter referred to as CITY,
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.1nd
mUIl,Y OF ORANG~;, a political subdivision of
the State of California and recognized Urban
County under the Federal Housing and Con,-
munity Development Act of 1974 & 1977, here-
inafter referred to as COUNTY.
WIT N E S R E T H
11 \.!!JSf:F.AS, Title I of the llousinp, nnd ComMunity Devp.lopo.e'lt Act of 1974 and
12 77, hereafler "ACT", makes available to cities under 50,000 population and the
13 IIn incorporated area of the County of Orange certain SUt'lS to be used for a broad
14 ran!!e of housin~ and cOI'1l,unity develop.,,,nt nctivities; and
15 11IlE'lEAS, said ACT authori zes such cities to enter into cooperation agree-
16 m'nts "ith COl:::ry for the purpose of undertaking or assisting in the undertaking of
17 ('ssential community development and housinr. nssistance activities;
18 Im:I, T'!F.l:":FORF., the parties ngree as follows:
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1. Thi s Agreement shall C~)I1stilllle a cooperntion agreement between the
partles within the meaning of Section 102(n)(6) of the ACT. The parties agree to
cooperate in the undertaking, or assisting in undertaking, essential community
rfeveltJpment a~rl b011fiing assistance nctivj tics, especii,l]y llt'ban renewal and publicly
assisted 11ousing.
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cor:::TY shall be responsible for the preparatton, adoption, and sub-
l]i~sion of an trhRn CO\lnty Application to the Department of Itousing and Urhan
th..:vt:.lrJl'nl'nl, hen..: III;lftPT "HUn". [n tl'e prep..Irntion of said application, CUUNTY
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hl::II) ,~lvc dlli' cfJn!-~id(~ration to CITY's an:l1ysis of community devt!.lopment necllw nnd
prnl'(l~il~d activities.
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:l. eIIY s\,all comply "lith the conu",mity develop",ellt plan and IlFRt~fqt;l
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2 ar,! tne hOllsing assistance plan "hich are df!veloped pursuiillt to said application,
3 and all r,,~~lc~ions and policies applicable to said grant.
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4. In the event COUNTY's Urban County application is approved by HUD,
COUNTY shall fOrlmrd to CITY any such grant funds received from tWD which are
attributahl,e to activities conducted by CITY, unless another form of distribution
is reguired by the ACT.
S. 'Che activities to he unclertaken during the tern of this Agreel'1ent will
he chosen by CITY from the following listing.
a. Acquisition of Real Property
h. l'nblic \~orks, Facilities, Site Improvements
c. Cocle Enforcement
d. Clearance, Demolition, R.ehahilitation
e. Rehabilitation Loans and Grants
f. Special Projects for Elderly ancl Handicapp"d
r,. Payments for Loss of Rental Income
h. Disposition of Real Property
i. Provision of Public Services
j. Payment of Non-Federal Shares
k. COf!'pletion of Urban Renewal Projects
1. Rf!location Payments and AI,sistance
lli. Planning and ~lanagement nevelopment
u. Administrative
o. Continuation of Hode] Cities Activities
6. CITY shall he responsihle for carrying out all approved projects
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7. ';'"" terlll of thi s Cooperation Agreellleot shall IJe for one year com-
r.!encinr, wiLh the approval by IIUlI of r.CIL/ij'j'Y's application.
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n. (a) CITY shall intl"..nify, hold harr.tless and cl"f"",' c;our.::::V, its
officers, aRents ancl employ!,es against all liahility, cla1.,~. losses, cler.mnds
and actions for injury to or'cleath of persons or damage to property arisinl\
out of or alleged to arise out or in consequence of this A~r~ement, provided
such liability, claims, der.tands, losses or actions are claimed to he due to
the acts or omissions.of CITY, its officers, al\ents or employees in the performance
of this Agreement, including any activities conducted by CITY.
(b) ~n addition, CITY shall indemnify and hold harmless COU:<TY
against any liability, claims, losses, demands, and actions incurred by COUNTY
as a result of a determination by HIm that activities undertaken by CITY faUed
to comply with any laws, regulations, or policies applicable thereto or that
any fnnds forwarded to CITY under this AI!reel'lent were improperly expended.
e. The provisions of P3ral'.raphs I, 3, 4, 5, 6, anJ 7 of Section
2778 of the California Civil Code, as said section exists on the effective dat~
of this Agreement, shall be applicable to the above indemnification provisions.
TransJ:littal to District of any pleadings ~erved shall be deemed to he a request to
defend.
9. COUNTY shall have the right to audit CI':'Y's rl'cords to det"r'.';.n,'
conpliance with this Agreement.
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I~J WITNI-:SS THr:l~EOF t CI~Y has caused th1 g n~r(!ernetlt t.o he executed hy its
~layor and attested by its Clerk and COUNTY has caused this oi:reement to be executed
by the Chairm,m of the Board of Supervlsors anti attested hy its Clerk, all hilvin~
been duly authorized hy the City Coune il of CITY and the Oran~e C;ounty Ron rcJ of
Supervisors.
Dated:
November 13. 1978
ATTEST:
llated:
ATTEST:
Jam: Al.EXANDER
Clerk of thE' Board of Supervisors
of Oranee County, C;alifornia
AI'I'ROVI-:D AS TO !'O!Ul:
AnRIAN KUYI'i:R, C;ounty Counse)
ORA:-jG~: COl:::';'Y. CAl.IFOR';IA
Ily ( ..'t J .:j
efl"l.",'\(, Uj.L1P~
II/CD
N,!: v11l66h( I,)
CITY OF
SEAL BEACH
By c-h~L I,~.;t;
O"yor ~
COUNTY OF ORANGE, a political suhdivision
of the State of Califoruia
By
Chairman of the Hoard of ~upervisors
COUtl,y
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Resolution Number
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U.S. Department of Housing and Urban Development
Community Development Block Grant
Entitlement Grants Program
Assurances
The applicant hereby assures and certifies that:
(a) It possesses legal authority to apply for the grant., and to execute the
proposed program.
(b) Its governing body has duly adopted or passed as an official act a reso-
lution, motion or similar action authorizing the filing of the application,
including all understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the applicant
to act in connection with the application and to provide such additional informa-
tion as may be required.
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(c). It has complied with all the requirements of OHB Circular No. A-95 as
modified by 24 CFR 570.310 and that either:
(1) Any comments and recommendations made by or through clearinghouses are
attached and have been considered prior to submission of the application; or
(2) The required procedures have been followed and no comments or recommenda-
tions have been received.
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(d) Prior to submission of its application, the applicant has:
(1) Prepared a written citizen participation plan, which:
(i) Provides an opportunity for citizens to participate in the development
of the application, encourages the submission of views and proposals, particularly
by residents of blighted neighborhoods and citizens of low- and moderate-income,
provides for timely responses to the proposals submitted, and schedules hearings
at times and locations which permit broad participation;
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(ii) Provides citizens with adequate information concerning the amount of
funds available for proposed community development and housing activities, the
range of activities that may be undertaken, and other important program require-
ments;
(iii) Provides for public hearings to obtain the views of citizens on commu-
nity development and housing needs; and
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(iv) Provides citizens with an opportunity to submit comments concerning the
community development performance of the applicant.
. (2) Followed this plan in a manner to achieve full participation of citizens
1n development of the application. The applicant shall also follow this plan to
achieve full citizen participation in all other stages of the program.
HUD~e) Its chief executive offic~r or other officer of applicant approved by
(1) Consents to assume the status of a responsible Federal official under the
National Environmental Policy Act of 1969 insofar as the provisions of such Act
apply to 24 eFR 570;
(2) Is au:horized and consents on behalf of the applicant and himself to
accept the jurisdiction of the Federal courts for the purpose of enforcement of
his responsibilities as such an official.
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page 1 of 4
f1UD-7069 (6-79)
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Resolution Number
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(f) The Community Development Program has been developed so as to give maxi-
mum feasible priority to activities which will benefit low- and moderate-income
families or aid in the prevention or elimination of slums or blight.
[The requirement for this certification will not preclude the Secretary from
approving an application where the applicant certifies, and the Secretary deter-
mines, that all or part of the Community Development Program activities are
designed to meet other community'development needs having a particular urgency
as specifically explained in the application in accordance with S570.302(f).)
(g) It will comply with the regulations, policies, guidelines and require-
ments of OMB Circular No. A-l02, Revised, and Federal Management Circular 74-4
as they relate to the application, acceptance, and use of Federal funds under
24 CFR 570.
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(h) It will administer and enforce the labor standards requirements set forth
in 24 CFR 570.605 and HUD regulations issued to implement such requirements.
(i) It will comply with all requirements imposed by HUD concerning special
re~uirements of law, program requirements, and other administrative requirements,
approved in accordance with OMB Circular No. A-l02, Revised.
I (j) It will comply with the provisions of Executive Order 11296, relating to
evaluation of flood hazards and Executive Order l12BB relating to the prevention,
control, and abatement of water pollution.
(k) It will require every building or facility (other than a privately owned
residential structure) designed, constructed, or altered with funds provided
under 24 CFR 570 to comply with the "American Standard Specifications for Making
Buildings and Facilities Accessible to, and Usable by, the Physically Handicapp-
ed," Number A-117.l-F 1971, subject to the exceptions contained in 41 CFR 101-
19.604. The applicant will be responsible for conducting inspections to insure
compliance with these specifications by the contractor.
(1) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. BB-352), and the regu-
lations issued pursuant thereto (24 CFR Part I), which provides that no person
in the Uhited States shall on the qrounds of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise sub-
jected to discrimination under any program or activity for which the applicant
receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure there-
on is Qrovided or improved with the aid of Federal financial assistance extended
to the applicant, this assurance shall obligate the applicant, or in the case of
any transfer of such property, any transferee, for the period during which the
real property or structure is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision or similar
services or benefits.
I (2) Title VIII of the Civil Rights Act of 196B (Pub. L. 90-2B4), as amended,
administering all programs and activities relating to housing and community
evelopment in a manner to affirmatively further fair housing; and will take
action to affirmatively further fair housing in the sale or rental of housing,
the financing of housing, and the provision of brokeraqe services.
(3) Section 109 of the Housing and Community Development Act of 1974, and the
regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no
person in the United States shall, on the grounds of race, color, national origin,
or sex, be excluded from participation in, be denied the benefits of, or be oub-
jected to discrimination under, any program or activity funded in whole or in part
with funds provided under 24 erR 570.
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page 2 of 4 f1UD-70GB (6-78)
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(4) Executive Order 11063 on equal opportunity in housing and nondiscrimina-
tion in the sale or rental of housing built with Federal assistance.
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(5) Executive Order 11246, and the regulations issued pursuant thereto (24
CFR Part 130 and 41 CFR Chapter 60), and Section 4(b) of the Grant Agreement,
which provides that no person shall be discriminated against on the basis of race,
cOlor,'reliqion, sex or national origin in all phases of employment during. the
performance' of Federal or federally assisted construction contracts. Contractors
and subcontractors on Federal and federally assisted construction contracts shall
take affirmative action to insure fair treatment in employment, upgrading, demo-
tion, or transfer I recruitment or recruitment advertisingl layoff or termination,
rates of payor other forms of compensation and selection for training and
apprenticeship.
(m) It will comply with Section 3 of the Housing and Urban Development Act of
1968, as amended, requiring that to the greatest extent feasible opportunities
for training and employment be given to lower-income residents of the project
area and contracts for work in connection with the project be awarded to eligible
business concerns which are located in, or owned in substantial part by, persons
residing in the area of the project.
(n) It will:
(1) To the greatest extent practicable under State law, comply with Sections
301 and 302 of Title III (Uniform Real Property Acguisition Policy) of the Uni-
form Relocation Assistance and Peal Property Acguisition Policies Act of 1970 and
will comply with Sections 303 and 304 of Title III, and HUD implementing instruc-
tions at 24 CFR Part 421 and
(2) Inform affected persons of their rights and of the acquisition policies
and procedures set forth in the regulations at 24 CFR Part 42 and 5570.602(b).
(0) It will:
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(1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relo-
cation Assistance and Real Property Acguisition Policies Act of 1970 and HUD
implewentinq requlations at 24 CFR Part 42 and 5570.602(a)1
(2) Provide relocation payments and offer relocation assistance as described
in Section 205 of the Uniform Relocation Assistance Act to all persons displaced
as a result of acquisition of real property for an activity assisted under the
Community Development Block Grant program. Such payments and assistance shall be
provided in a fair and consistent and equitable manner that insures that the
relocation process does not result in different or separate treatment of such
persons on account of race, color, religion, national origin, sex, or source of
income;
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(3) Assure that, within a reasonable period of time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be available to
all displaced families and individuals and that the range of choices available
to such persons will not vary on account of their race, color, religion, national
origin, sex, or source of income I and
(4) Inform affected persons of the relocation assistance, policies and proce-
dures set forth in the regulations at 24 CFR Part 42 and 24 CFR 570.602(a).
(p) It will establish safeguards to prohibit employees from using positions
fo: a purp~se that is or gives the appearance of being motivated by a desire for
prIvate qaln for themselves or others, particularly those with whom they have
family, bllSillC5S, or other tics.
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page 3 of 4
IIUO-7069 (6-78)
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(q) It will comply with the provisions of the Hatch Act which limits the
political activity of employees.
(r) It will give HUO and the Comptroller General through any authorized
representatives access to and the right to examine all records, books, papers, or
documents related to the grant.
(s) It will insure that the facilities under its ownership, lease or supervi-
sion which shall be utilized in the accomplishment of the program are not listed
on the Environmental Protection Agency's (EPA) list of Violating Facilities and
that .it will notify HUD of the receipt of any communication from the Director of
the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
(t) It will comply with the flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 Stat.
975, approved December 31, 1973. section 103(a) required, on and after March 2,
1974, the purchase of flood insurance in communities where such insurance is
lavailable as a condition for the receipt of any Federal financial assistance for
construction or acquisition purposes for use in any area, that has been identi-
fied by the Secretary of the Department of Housing and Urban Development as an
area having special flood hazards. The phrase "Federal financial assistance"
includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,
disaster assistance loan or grant, or any other form of direct or indirect
Federal assistance.
(u) It will, in connection with its performance of environmental assessments
under the National Environmental policy ~ct of 1969, comply with Section 106 of
the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order
11593, and the Preservation of Archeological and Historical Data Act of 1966 (16
U.S.C. 469a-l, et. sea.) by:
(1) Consultin~ with the State Historic Preservation Officer to identify
properties listed in or eligible for inclusion in the National Register of His-
toric Places that are subject to adverse effects (see 36 CFR Part 800.8) by the
proposed activity, and
(2) complying with all requirements established by HUD to avoid or mitigate
adverse effects upon such properties.
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~h-~~~j,;[. /,f7Y
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Mayor, Ci{
ach
Date
City Attorney
page 4 of 4
IIUD-7069 (6~78)
. u.s. ClOV.l:.1lM&m' PItlNTIIl'G OFFICB ; 1')79 &-J81-31(,/202
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7 I following Resolution was adopted:
81 MIEREAS, it is necessary that certain policy guidelines be adop-
9 ; ted for fifth year funding of the Housing and Community Development
loll Block Grant Program in order that the most effective use be made of the
II, limited funds available; and
Ii WHEREAS, a public hearing was held to consider guidelines;
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'14 II considerations to be used in granting requests for funding under the
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~ 15~ Housing and Community Development Program:
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Resolution Number.
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 20, 1978
On motion of Supervisor DIedrich, duly seconded and carried, the
NOW, THEREFORE, BE IT RESOLVED that this Board hereby sets' forth
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The primary objective of the Community Development PrograB
and resulting projects must be the development of viable urban cbrnmuni-
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ties, including decent housing and a suitable living environ~entt and
expanded' economic oppor turd ties, principally for persons of 10\'1 and
moc1erate income.
2. Block grant funds should not be used as the sole commitment
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to target area needs.
3. Participating jurisdictions must demonstrate co~~itment to
developing and implementing the follo\'1ing in a timely manner and in
compli.ance with all la1tlS applicable to the Cornmuni ty Development Block
Grant Program:
a. Housing Assistance Plan
b. Citizen
Resolution No. 78-1375
Policy Guidelines/i1sng
F'ifth Year 1\pps
Participation Pro~ram
& Comm D<!vclopment
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Resolution Number
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c. Affirmative Action Program
d. Three-year Comprehensive Strategy
BE IT FURTHER RESOLVED that all of the follohing projects/activi-
ties are to be given priority consideration for the 1979-80 program
year:
1. Housing/Rehabilitation/Neighborhood Preservatio~
2. Housing Cost Reduction including incentives, land purchase,
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processing, assistance, etc.
3. Senior Citizen/Handicapped Needs including housing, social
program formulation, community centers, etc.
4. Public Service: Include projects which are directed toward
improving Public Services and facilities in well defined low/noderate
income service areas.
5. Econdmic Development ~ncluding expanding econo~ic opportuni-
ties principally for low to moderate income perso~s.
BE IT FURTHER RESOLVED that this Board recog~izes the jurisdic-
tional prerogatives of the participating cities regarding project pro-
perties within their area.
BE IT FURTHER RESOLVED that in preparing a draft 1979-30 Com-
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munity Development Block Grant application for Board consideration at
future public hearings, the Housing/Community Development Division of
the Orcmge County Environmental Management Agency s~all confo:::m to the
following methodology:
1. Proposals for projects/activities submi-tted by cities and
county co~nunity groups will be considered on the basis of the extent
to which they are found to conform with all of the following:
a. Community Development Program goals as defined by IlUD.
b. County-wide priorities as defined by the Board of Super-
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1 visors.
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c. Local tiuget area needs as de fined by ci ty councils and
3 ,community meetings.
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d. Comprehensive three-year strategy including a fifth year
5 action plan.
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BE IT FURTHER RESOLVED that any selectio? criteria to be used
7 IbY the Selection Committee be revised to include equitable distribution
8 lof Housing/Community Development funds as one of the considerations
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9 ,hen recommending funding allocations.
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SUPERVISORS RALPH A. DIEDRICH, PHILIP L. ANTHONY, LAURENCE J.
SCIlHI'l', RALPH B. CLARK, AND THOMAS F. RILEY
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NOES:
SUPERVISORS NONE
ABSENT:
SUPERVISORS NONE
S'l'ATE OF CALIFOR~IlA )
I ) 5S.
COUNTY OF ORANGE )
I, JUNE ALE){1\1'<1JER, Clerk of the Boa:::d of SupervisOJ::~.yf ..Orange County, California
hereby certify that the above and foregoing Resolution was duly and regularly adopted J
the said Board at a regular I!\2eting thereof held. on t;P~ ;~f6.:~!:L' da~ of September
19 78 I and passed by a ...lllli!..nimous .,' \, o;..5alt!'~..
",... "..)-
..... . (~-,".
m IU'i'NFSS h1iEf'JX)P, I have hereunto set i'!Y.;'p~d and seal thi~.20th
1.E~Ptember I 19 78 . -:-j . \ ..
I Q/~~L~' ~J~
. u :') \ J.UN,E ALEXA.."lDEil .-:;
Clerk Of'-tl1e 'Bqarp of l?-Upervisors
of 6r~gq. County I...C.alifomia
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clay of