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HomeMy WebLinkAboutCC Res 2916 1979-09-10 I I I RESOLUTION NO. c:2 9/ t::, 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 under 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 agree- ments with the County in which they are located for the purpose of undertaking essential community development activities; and WHEREAS, the Federal Government requires participating cities to provide a statement of assurances that the funds will be obtained and utilized pursuant to Federal law and policy. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve and adopt a Cooperation Agreement with the County of Orange (Exhibit "A") and a Statement of Assurances (Exhibit "B") in order to participate in tho HlCD '""om lb, tho 51,th y~ ~ PASSED AND APPROVED on the A!J ~ day of tb?t.--~ , 1979, by tho fo"."., 'o~ AYES' C,,",11~. :I.~d'LL:~gt~"'5 NOES: Councilmen ABSENT: Councilmen ~ ATTEST: C1~~~ C(J erk . .' I" . , , I I 71 Ii I 10 I 111/ 121' 131 14 15 16 17 181 191 I 22, 23 241 25 -. ..-.._..:_.~.. --- --- -- Resolution Number - - ---- EXHIBIT "A" COOPERATION AGREEMENT 1 2!, 19Zf- " , 3 THIS AGREE~ENT is entered into this -r,' / ('/ L-O- day of ~/?-PT. BY AND BETWEEN 4 CITY OF ~~,/,&~;~-I,~- a municipal corporation, hereinafter referr~d to as CITY, 5 AND 6 COUNTY OF O~~GE, a political subdivision of the State of California and recognized Urban County under the Federal Housing and Community Development Act of 1974 & 1977, hereinafter referred to as COUNTY. WHEREAS, Title I of the Housing and Community Development Acts of 1974 and 1977, hereinafter referred to as ACT, makes available to cities under 50,000 popula- tion and the unIncorporated area of the County of Orange certain sums to be used for a broad range of Housing and COr.ll!lunity Development activities, and WHEREAS, said ACT authorizes such cities and said COUNTY to enter into cooperation agreements in order to cooperate in un~ertaking or assisting in under- taking, essential community development and housing assistance activities, specifi- cally urban renewal and publicly assisted housing; ',0 ! NOW, THEREFORE, 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, essential co~unity development and housing assistance activities, specifically urban renewal and publicly assisted housing. 2. COUNTY shall be responsible for the preparation, adoption and suhnission of an Urban County Application to the Department of Housing and Urban Development, hereinafter "HUD." In the preparation of said application, COUNTY shall give due consideration to CITY's analysis of community development needs and proposed act iv- !tieR. II , - 10 11 12 13 Resolution Number 1 3. CITY shall comply with the COUNTY's community development program and 2 the Housing Assistance Plan, and all laws, regulations and policies applicable to 3 said grant. 4 4. In the event COUNTY's Urban County applicati~n is approved by HUD, 5 6 7 COUNTY shall contract with the CITY to utilize any such grant funds received from HUD which are attributable to activities conducted by CITY, unless another form of distribution is required by HUD. 5. The terms of this Agreement shall remain in effect until such time as CITY notifies COUNTY in writing of its intent to terminate. In no event shall this agreement be terminated before one year from the date the Federal Department of Housing and Urban Development approves the COUNTY's most recent Block Grant application for which CITY has subnitted a proposal. 6. The activities to be undertaken during the term of this Agreement will 14 be chosen by CITY from the following listing: 15 16 17 18 19 20 I 22 23 a. Acquisition of Real Property Public Works, Facilities, Site Improvements Code Enforcement Clearance, Demolition, Rehabilitation Rehabilitation Loans and Grants Special Projects for Elderly and Handicapped Payments for Loss of Rental Income Disposition of Real Property Provision of Public Services Payment of Non-Federal Shares Completion of Urban Renewal Projects Relocation Pa~ents and Assistance Planning and Management Development Administrative Continuation of Hodel Cities Activities ~ b. c. d. e. f. g. h. i. j. k. 1. m. n. o. 7. a. CITY shall indemnify, hold harmless and defend COUNTY, its officers, 24 agents and employees against all liability, claims, losses, demands and actions for 25 injury to or death of persons or damage to property arising out of or alleged to ~rise 26 out or in consequence of this Agreement, pro?ided such liability, claims, demands, 27 losses or actions are claimed to be due to the acts or omissions of CITY, its offi- 28 cers, agents or employees in the performance of this Agreement, including any -2- - .. . I , .~=---.... . .( , Resolution Number 1 2 3 '4 5 6 7 activities conducted by CITY under its application. b. 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 undertaken under CITY's application failed to comply with any laws, regulations, or policies applicable thereto or that any fundF forwarded to CITY 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 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. 10 11 12 13 14 15 16 17 18 19 8. COUNTY shall have the right to audit CITY's records to determine com- pliance with this Agreement. 22 23 24 25 26 27 28 III III III III 1// III III /II III III III III III III III ~ . 'I . ' , 1 2 3 4 5 6 71 II 10 11 12 13 14 15 16 17 18 19 i: 22 23 24 25 26 :1 I I Resolution Number IN WITNESS THEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk and COUNTY h~s caused this contract to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, all having been duly authorized by the City Counctl of CITY and the Oran~e County Board of Supervisors. jl/;t. t5G~/J CITY OF Dated: \. Eprel'ttS&Ie ;r~ ~ --- ayor /0.1979 . By ATTEST: 'I ; ,! z~'/ I .~:l./.-A;' ~ A 0.... ,") C ty Clerk v' Appro~ t~ form: C1tY;AJ~~fo~~e City BY-~ .{' ,.,~ , 1 of( /' ,., ,> _ f. , ~~7..C::,~ COUNTY OF ORANGE. 8 political subdivision of the State of California Dated: BY Chairman of the Board of Supervisors ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FOR.'1: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA '~:: 1-. ::= HIeD .;Z-.:7 (t~ ,,'<-" ___-- l ...~..., . Al',n...rllF.7f1'- ""/71 , -/,- .-- .' I I _.- -._.....,...~--- '~-~~.' -- ---.""t.- . EXHIBIT "B" Resolution Number U.S. Department of Housing and Urban Oevelop~ent CommunLty Development Block Grant intitlement Grants Program Assurances The applicant hereby assures and certifies that: (a) It possesses leqal authority to apply for the grant, and t~ execute the proposed program. (b) Its governinq body has dUly adopted or passed as an official act a reso- lution, motion or similar action authorizinq the filing of the application, includinq all understandings and assurances contained therein, and directing and authorizing the person identLfied as the official representative of the applicant to act in connection with the application and to provide such additional Lnforma- tion as may be required. (c) It has complied with all the requirements of OMS Circular No. A-95 as modified by 24 CFR 570.310 and that eLther: (1) Any comments and recommendations made by or throuqh clearinqhouses are attached and have been considered prior to submission of the applLcation; or (2) The required procedures have been followed and no com~ents or recommenda- tions have been received. ld) 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, encouraqes the submission of views and proposals. particularly by residents of blighted neiqhborhOOds 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 particLpation; (ii) Provides citizens with adequate information concerning the amount of funds available for prooosed community development and housing activities. the range of activities that may be undertaken, and other important proqram require- ments; (iii) Provides for public hearings to obtain the views of citizens on commu- nity development and housing needs; and (iv) Provides citizens with an opportunity to submit comments concerning the communitv deveiopment performance of the applicant. , (2) Followed this plan Ln a manner to achieve full participation of citizens Ln development of the application. The applicant shall also follow this plan to achieve full citizen participation in all other stages of the program. (e) Its chief executive officer or other officer of applicant approved by HUO: ~l) Cons:nts to assume.the status of a responsible Federal official under the NatLonal EnvLronmental PolLcy Act of 1969 insofar as the provisions of such Act apply to 24 CFR 570; . (2) Is authorized and consents on behalf of the ppplicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsihilities as such an official. paqc 1 of t~ IiUO-70GB (6-7B) - I I Resolution Number (f) The Community Develo~went Proqram has b~en developed so as to give maxi- mum feasible priority to activities which will benefit 10w- and moderate-income families ~r aid. in the preven~ion or elimination of slums or b1igh~. [The requirement for this certification will not preclude the Secretary from approving an application where the applicant certif,es, and the Secretary deter- mines, that all or part of t~e Co~~unlty Dcv~lop~ent Program activities are designed to meet other community development needs hav1ng a particular urgency as specifically explained in the app1icat1on 1n accordance with S570.302(f).) (g) It will comply with the reau1ations, policies, guidelines and require- ments of OMB Circular No. A-l02, Revised, and redera1 Manaaement Circular 74-4 as they relate to the application, acceptance, and use of redera1 funds under 24 crR 570. (h) It will administer and enforce the labor standards re~uirements set forth in 24 crR 570.605 and HUD regulations issued to 1mp1ement such requ1rements. (i) It will comply with all reauirements 1mposed by HUO concern1ng special reouire~ent5 of law, program reauIrements, and other administrative requirements, approved in accordance with OMe Circular No. A-l02, Revised. (j) It will comply with the provisions of Execut1ve Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (k) It will reauire every building or facility (other than a privately owned residential structure) desianed, constructed. Or altered with funds provided under 24 crR 570 to comply with the "American Standard SpecLfLcations for Ma~Lng Buildings and racilities AccessLole,to, and Usable by. the Physically Handi~aFP- ed," Number A-117.1-R 1971, subject to the exceptLons contained in 41 crR 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 R1ahts Act of 1964 (Pub. L, 88-352), and the regu- lations issued pursuant thereto (24 crR Part 1), which provides that no person in the United States shall on the arounds of race, color, or national origin, be excluded from participation in. be denied the benef1ts of, or be otherwise sub- jected to discrimination under any proqram or activity for which the applicant receives redera1 financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real'property or structure there- on is provided or improved with the aid of Federal financial assLstance extended to the"applicant, this assurance shall obli9ate 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 rederal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development Ln 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 housina, and L~e provision of brokerage services. (3) Section 109 of the Housing and Community Development Act of 1974. and the reaulations 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 sub- jected to discrimination under, any program or activity funded in whole or in part with funds provided under 24 crR 570. page 2 of 4 IIUO-10GS (G-78) - I I Resolution Number (4) E~ecutive Order 11063 on equal opportunity in housing and.nond~scrimina- tion in the sale or rental of housing built with Federal assistance. (5) Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 eFR Chapter 60), and Section 4(b) of the Grant Agreement, which provides that no person shall be dlscri~inated against on the basis of race, color, religion, sex or national origin in all phases of employment during the perfor~ance of Federal or federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted cons~ruction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demo- tion, or transfer: recruitment or recruitment advertising: layoff or termination, rates of payor other forms of compensation and selection for training and a;>prenticeship. (m) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as a~ended, reauiring 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: (I) To the greatest extent practicable under State law, co~ply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uni- form Relocation Assistance and Peal Property Acquisition Policies Act of 1970 and will co~ply with Sections 303 and 304 of Title III, and HUO implementing instruc- tions at 24 CFR Part 42: and (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 24 efR Part 42 and SS70.602(b). (0) It will: (I) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relo- cation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 24 CFR Part 42 and SS70.602(a): (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 Develop~ent Block Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insu:es 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; (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,s~ch persons will not v~ry on account of their race, color, religion, national orIgIn, sex, or source of Income; 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 S;O.602(a). (p) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives tne appearance of b~inq motivated by,a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. page ) 0 f 4 HUD-706S (6-79) . I I Resolution Number . (a) It will co~ply with the prOVISIons of the Hatch Act which limits the political ,activity of employees. , (rl It will give HUO and the Co~ptroller General through any authorized repre5~ntatives access to and the right to examine all r~cords, books, papers, or docu~ents related to the qrant. Is' It will insure that the facilities under its ownership, lease or supervi- sion which shall be utilized in the acco~plishment 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 co~ply with the flood insurance purchase require~ents 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) reouired, on and after March 2, 1974, the purchase of flood insurance in co~rrunities where such insurance is available 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 for~ of loan, grant, quaranty, 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 assess~ents under the ~ational Environmental Policy ~ct of 1969, co~ply with Section 106 of the ~ational Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Crder 11593, and the Preservation of Archeological and Historical Data Act of 19Eo (16 U.S.C. 469a-l, et. sea.) by: II) 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. 6' ~'~ l '/ r, I ~. I .I ,~ ~<. r;.u-,,(~.( 0<L Dennis Courtemarche City Manager p,lqe 4 or 4 IIUD-706S 16-79) . u.s. OOVt.lD'f,JP'J' n:HTUu. arr;c! I 1918 ,..:r81-]t6/:10J - . I I Resolution Number Augus t 24, 1979 MEMORANDUM To: Honorable Mayor and City Council From: Dennis Courtemarche, City Manager Subject: Cooperation Agreement and Statement of Assurances for Sixth Year II/CD Program . The City of Seal Beach has participated in the Housing and Community Develop- ment (H/CD) Program for the last five years. -During that time the City has obtained grant approvals for $435,445 as a part of the Urban Counties Application of Orange County. Seal Beach once again has the opportunity to participate in the HICD Program for the upcoming funding year (Sixth Year). Should we choose to do so, the first step in the process is for the City Council to adopt a resolution approving a Cooperation Agreement with Orange County and approving a Statement of Assurances which complies with Federal requirements. Adoption of this resolution will make it possible for the City to participate in the HICD Program but will not commit the City to any project as yet. Council will have an opportunity to select and establish priorities on projects on October 8, 1979. It is recommended that the City Council adopt the attached resolution so that it can be forwarded to Orange County prior to September 14, 1979. rflu..:g Dennis Courtemarche DC/NTR:new --- - --. AGENDA ITEM # V. E.