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1984-140-Authorizing The Mayor To Execute A Joint Powers Agreement And Cooperation Agreement Pursuant To Title I Of The Housing And Community Development Act Of 1974, As Amended For FY 1985-87RESOLUTION NO. 1984 -140 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE A JOINT POWERS AGREEMENT AND COOPERATION AGREEMENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR FY 1985 -87 WHEREAS, in 1974 the United States Congress enacted the Housing and Community Development Act of 1974, herein called Act; and WHEREAS, Title I of the Act allows Urban Counties to receive Community Development Block Grants where such Counties enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with non - entitlement cities to qualify as an Urban County applicant under the Act; and WHEREAS, the Town of Los Gatos wishes to enter into such an agreement with the County of Santa Clara to qualify such County as an Urban County and to receive Housing and Community Development funds thereby; NOW, THEREFORE, BE IT RESOLVED, that the Town Council approves said agreement and authorizes the Mayor to execute the Joint Powers Agreement and Cooperative Agreement on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 20th day of August 1984, by the following vote: AYES: COUNCIL MEMBERS: Terrence J. Daily Joanne Benjamin Eric D. Carlson and NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Mayor Thomas J. Ferrito ABSENT: COUNCIL MEMBERS: Brent N. Ventura ATTEST: r -- CLERK OF THE TOWN OF LOS:,aGATOS SIGNED: 1AYOR OF THE ,TOWN OF LOS GATOS JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR FISCAL YEAR 1985 -1987 This agreement by and between the County of Santa Clara and Town of Los Gatos is made in the light of the following recitals: A. That Congress has enacted the Housing and Community Development Act of 1974, as amended; B. That Title I of the Act provides for a new program of Community Develpment Block Grants; C. That Title I of the Act makes entitlement grants available to cities with a population of 50,000 or more persons and to counties that qualify as an urban county; D. That City is not eligible to apply directly for entitlement funds under the Act but may, by entering into a cooperation agreement with County, qualify County as an urban county applicant and can thereby receive such funds; E. That the parties hereto wish to enter into this agreement to enable the County of Santa Clara to apply for and receive entitlement funds as an urban county and to establish the respective rights and obligations of the contracting parties to such funds. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Authorities This agreement is made pursuant to Section 6500 and following of the California Government Code and constitutes an exercise of powers common to both City and County, each being empowered to carry out the purposes of the grant in their own jurisdictions. This agreement is further made pursuant to the Housing and Community Development Act of 1974, as amended. 2. Definitions The definitions below are intended to assist the parties in making this agreement. For purposes of simplicity and clearer understanding, some of the definitions below have been shortened or rephrased from those set forth in the Act and Regulations thereunder. In the event of any conflict between the definitions in this agreement and those set forth in the Act and Regulations, the latter shall govern. (a) "Act" means Title I of the Housing and Community Development Act of 1974, P.L.93 -383, as amended. (b) "Applicant" is the County of Santa Clara applying as an urban county. (c) "Regulations" means the rules and regulations of the Department of Housing and Urban Development; particular reference is made to those regulations found in 24 Code of Federal Regulations Part 570 (containing the general regulations of Community Develop- ment Block Grants) and Part 53 (containing the regulations on the Federal Environmental Review Procedures). (d) "County" means the County of Santa Clara. (e) "City" means the city or town that is a party to this agreement; such city or town may be referred to as a "Non - entitlement city ", that is, a city which cannot directly apply for or receive entitle- ment grants under the Act but which can receive funds through cooperation agreements with the County. (f) "Urban County" means a county that is (1) in a metropolitan area; (2) authorized under state law to undertake essential community development and housing assistance activities within its unincor- porated areas, and (3) has a population of 200,000 or more within its unincorporated areas or within its unincorporated areas and units of general local government (cities) within the county with which it has made cooperation agreements to undertake or to assist in the undertaking of essential activities. (g) , Urban County staff" means those HCD staff persons of the County and cities participating in the Urban County HCD pro- gram. (h) "Application" means the application for a grant to be submitted by the County, as an Urban County, for entitlement funds under Title I of the Act. (i) "HUD" is the U.S. Department of Housing and Urban Develop- ment. (j) "HCD" is Housing and Community Development, the Urban Coun- ty's program to address housing and community development needs of low to moderate income persons in Santa Clara County. (k) "CDBG" is Community Development Block Grant, a federal pro- gram administered by HUD which provides funding to eligible entitlement cities and urban counties to address housing and community development needs of low to moderate income per- sons. (1) "Grant" is the CDBG funds given by HUD to Santa Clara County as the legal recipient of the Community Development Block Grant for the Urban County. (m) "HCD Council Committee" is an advisory committee established by the Board of Supervisors to advise the Board of Supervisors on the CDBG funded HCD Program. Its adopted role is "the policy recommending body to the Board of Supervisors on the planning, monitoring, and evaluation of the HCD program and the develop- ment of a comprehensive, coordinated housing and community development plan." (n) "HCD Citizens Advisory Committee" is an advisory committee on the CDBG funded HCD program established by the Board of Supervisors on the recommendation of the HCD Council Commit- tee. Its adopted role is "the policy recommending body to the HCD Council Committee on the planning, monitoring, and evalua- tion of the HCD program and development of a comprehensive, coordinated housing and community development plan." (o) "Boa'rd of Supervisors" is the legal recipient of the Community Development Block Grant from HUD and is legally responsible for the administration of the Urban County HCD Program for Santa Clara County. (p) "Citizens Participation Plan" is the plan adopted by the Board of Supervisors which outlines the opportunities and process for citizen input on matters dealing with the planning, monitoring, and evaluation of the Urban County HCD program. (q) "Project proposals" are requests for CDBG funds submitted by eligible applicants to implement specific eligible CDBG activities, as defined by HUD. (r) "Housing Assistance Plans" (HAP) describe the housing conditions and goals to meet the housing needs of lower income persons, and identifies specific housing actions to be taken by the Urban County to fulfill its housing needs. The HAP also serves as a guide for HUD in the distribution opf assisted housing resources to communities. (s) "Net Funds" are the total annual CDBG entitlement grant less City and County administrative costs. (t) "Designated Funds" are those CDBG funds which will be allocated on a competitive basis for only housing activities. The total amount of money to be available in the Designated Funds cate- gory will be determined by multiplying the Net Funds by 50 %. Therefore, Designated Funds = Net Funds x 50 %. (u) "Non- Designated Funds" are those CDBG funds which will be allocated equally to all participating jurisdictions in the Urban County on a non - competitive basis to meet identified community development and housing needs. The total amount of money to be available in the Non - Designated Funds will be determined by multiplying the Net Funds by 50% and dividing the product by the total number of participating jurisdictions. Therefore, Non - Designated Funds = Net Funds x 50% Number of Participating Cities and County 3. Purpose of Agreement This agreement is being made to meet the requirements and purposes of the Act and Regulations with respect to the application for an entitlement grant under Title I of the Act and to establish the respective rights and obligations of the parties to such grant. The purpose of this agreement shall be accomplished in the manner hereinafter set forth. 4. Cooperation Agreement The parties hereto agree to undertake or to assist in the undertaking of essential activities as defined in the Act and Regulations thereunder for the term of this agreement. More specifically, the parties hereto agree to cooperate in undertaking, or to assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and public assisted housing. To the extent required by the provisions of the Act and Regulations thereunder and to the extent required by the terms of this agreement, City agrees to comply with the provisions of 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 and requirements of the application and grant. City understands and agres that should it fail to comply with such requirements or with the terms of this agreement, that funds allocated to City during the effective dates of this agreement may be term - inated, or reduced of otherwise limited in accordance with the Act and Regulations. 5. Administration of Agreement The officer and agents of both parties will cooperate in furnishing information and assistance necessary for the preparation, completion and filing of the County's application with HUD in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the City shall annually furnish the County with the City's local plan and process for citizen participation in the development of the City's project proposals requested to be funded with Urban County CDBG funds. The City's local citizen participation commitments will be incorporated into the official Urban County Citizen Participation Plan. The City shall, prior to the final project proposal submission deadline approved by the Board of Supervisors, submit project proposal requests for CDBG funding to the County in the format developed by the County. These project proposals will include a description of the project's activities, the Urban County's need the project is addressing, a detailed time schedule for the implementation of the project's activ- ities, and other dataa items needed in the evaluation of the project proposal. These project proposals must be formally approved by the City Council for transmittal to the County and be developed and reviewed during the local citizen participation process. 6. 7. The City shall submit to the County a Housing Assistance Plan in the form required by HUD. This document will detail the City's commit- ments to providing housing assistance to low and moderate income persons within the city. The local commitments to housing assistance by the cities will be incorporated into the Urban County's Housing Assistance Plan (HAP), which will be reviewed by HUD to determine the local commitments to address housing needs of low to moderate income persons. Whereas the County shall not alter or amend the elements furnished to County where in compliance with the Act and the Regulations and consistent with identified Urban County needs and priorities, the County shall have full authority and necessary control of the prepara- tion and filing of the application and of other papers and documents in support thereof. Term of Agreement This agreement shall become effective upon execution by the governing bodies of County and of City and it shall remain in full force and effect until June 30, 1988. The County will submit to the City the Joint Exercise of Powers Agreement and Cooperation Agreement to be signed by the City if it is to participate on the Urban County program. The County will also give the City, by August 3, 1984, a notice of the City's right not to be included in the Urban County if the City so desires. If a City decides not to participate in the Urban County Program by not signing a Joint Exercise of Powers Agreement and Cooperation Agreement, it may not be eligible to receive entitlement CDBG funding for three successive program years commending on July 1, 1985 and ending June 30, 1988. Upon qualifying, the County will remain an urban county (including its unincorporated areas and the included units of general local govern- ment) for a period of three years. That is, during the three year qualification period no included unit of general local government can be removed from the urban county, nor can any additional units of general local government generally be included in the urban county during that period. To assure that included units of general local government remain an effective part of the urban county for the entire three year qualification period, this cooperation agreement between the urban county and its included units of general local government covers three successive program years. Project Proposals Any and all project proposals for eligible HCD activities totally within the sphere of influence of a city must be submitted to the city and considered as a part of the city's project proposal development process, No project proposals may be submitted directly to the County be applicants other than cities for activities to be conducted totally within the sphere of influence of a city. Project proposals of a countywide nature may be submitted directly to the County. Cities shall have the right to review and comment on all project proposals for the funding'of countywide HCD eligible activities. S. Grant Disbursements A. City understands and agrees that CDBG funds disbursed under this agreement are the obligation of County and that such obligation of the County is dependent upon the qualification of the County as an ue ban county applicant and upon the availability of federal funds to implement Title I of the Act. Funds disbursed to the City will be expended on eligible activities and projects selected through a process developed jointly by the HCD Council Com- mittee and the Board of Supervisors and described in the adopted Urban County HCD Plan. The HCD Citizens Advisory Committee will give advice to the HCD Council Committee prior to HCD Council Committee actions. The HCD Plan includes a description of prioritized needs, strategies to address the needs, and a project funding submission and evaluation process. This process will be used to evaluate all project proposals according to their ability to address the adopted, prioritized needs and other criteria described in the adopted Urban County HCD Plan. B. It is understood that all parties to this agreement recognize their responsibilities to undertake community development and housing activities. Accordingly, each of the participating jurisdictions will be provided with an equal share on Non- Designated-Funds in order to meet identified community development and housing needs in their jurisdiction. Cities and the County will recognize the housing need in the County and HAP goals when deciding to fund projects from their Non- Designated Funds. However, there are no guaranteed percentages in the Non - Designated Fund set aside for housing activities in each participating jurisdiction. C. Because housing has been previously identified as the highest priority need within the Urban County by the HCD Council Committee and the Board of Supervisors, the City and the County agree that all of the Designated Funds will be allocated on a competitive basis as set forth below for housing activities. Housing needs include but are not limited to housing rehab- ilitation, activities to increase the supply of new affordable housing, and housing- related services which increase the avail- ability and /or affordability of new and existing housing. After the deadline for submission of project proposals, the Urban County staff, composed of members of the County and City HCD staffs, will evaluate the project proposals according to the approved criteria and make recommendations on projects to be funded. These recommendations will be reviewed by the HCD Citizens Advisory Committee, the HCD Council Committee and the Board of Supervisors. The HCD Citizens Advisory Committee will give its advice on projects to be funded to the HCD Council Committee prior to actions of the HCD Council Committee. The Urban County staff report and the HCD Council Committee recommendations will be reviewed at a public hearing before the Board of Supervisors. After public comment, should there be a difference between the HCD Council Committee and the Board of Supervisors on projects to be funded, the HCD Council Com- mittee and the Board of Supervisors will hold a joint meeting to resolve the differences. The joint meeting will continue until mutual agreement is reached. Vc ting separately, when a majority of the HCD Council Committee and a majority of the Board of Supervisors votes to accept specific project proposals, mutual agreement is achieved. It is understood and agreed that as legal recipient of the grant, the Board of Supervisors must officially approve the mutually agreed upon project proposals to be included in the application in order to insure that the program submitted to HUD is consistent with the County's adopted housing and com- munity development plan. At that time, the City will know the number of projects approved and the estimated amount of CDBG funds it is to receive. Upon approval of the CDBG application and the release of funds by HUD, the City may begin implementation of approved activi- ties. Information on the progress of approved activities will be submitted to the County on a periodic basis during the program year the activities are being carried out. This information will be included in the Urban County's monitoring reports which are submitted to HUD during the program year. Projects which fall off of schedule according to the approved time schedule will be evaluated according to the process detailed in the approved Urban County CDBG Reprogramming Guidelines. 9. Areas of Housing Authority Operation Nothing herein shall affect the rights and obligations of the parties with respect to any agreement which the City may have with the Santa Clara County Housing Authority. 10. Services, Equipment and Property Reimbursement County shall provide or be primarily responsible for providing the services, equipment and other property necessary for the planning, preparation and filing of the CDBG application and for the admin- istration of the grant funds subject to the right of County to seek reimbursement for actual expenses and costs of furnishing such ser- vices, equipment and property. Subject to the provisions of the application or of the grant award made thereon, all property furnished by County as herein -above described shall belong to County during the term of this agreement and after its termination. At the termination of the CDBG program, all property and equipment acquired with CDBG funds will be subject to the requirements and conditions of OMB Circular A -102 Attachment N, Property Management Standards. 11. Records City and County shall maintain appropriate books, records, files, and accounts relating to the receipt and disbursement of the grant funds, including records in accordance with Federal Management Circular 74 -4 and OMB Circular A -102 as they relate to the application, acceptance, and use of federal funds for this federally assisted program and any other records imposed by County's contract with HCD. All such books, records, files and accounts shall be made available for inspection at reasonable times and places by authorized representatives of City and County to authorize representative of City, County, and Department of Housing and Urban Development or any other person authorized by the AM or the .Regulations. The Director of Finance of County shall receive and have custody of all funds until disbursal of such funds to be made in a manner designated by County. County shall, by a date no later than 7 days after receipt of the current year funding money, notify City of the manner of disbursal of such funds. 12. Certification On or before September 28, 1984, City shall furnish County with those assurances, copy of which, marked Appendix A, is being attached hereto and made a part hereof. Such certifications to be furnished by City to County are necessary to enable County to make the required assurances in its application to HUD. 13. Liability and Indemnification It is expressly understood that, as the applicant to HUD, County must take the full responsibility and assume all obligations of an applicant under the Act and that HUD will look only to the County in this regard. However, County assumes no respnsibility toward City for any failure to qualify under the Act as an urban county. Further, County assumes no responsibility towards City for any failure to include City in the application as a result of City's failure to supply County with infor- mation necessary to prepare and file the application, or as a result of City's failure to supply County with such information, upon designated dates, or as a result of City' failure to comply with the Act and the Regulations. Unless the acts of County employees, officials, or their representatives are involved in the action or the County authorized the acts of the City, the city shall indemnify and hold County harmless from any liability, loss or damage suffered as a result of claims, demands, costs or judgements against it arising out of the failure of City to conform to the requirements of the Act, Regulations or other applicable laws; or arising out of City's failure to perform any of the obligations under the application; or arising out of -anything done or omitted to be done by City under or in connection with the work done on any of City;s projects. 14. Discretionary Actions Nothing herein contained shall be construed to prohibit the City from exercising its discretion on any legislative quasi- judicial and /or admin- istrative matter (including but not limited to any action involving zoning or General Plan amendments). Nothing herein shall compel the City to take any action on any matter save and except as expressly required in this agreement. It is understood and agreed that the City does not by this agreement commit itself or delegate the exercise of any of its police powers in any matter whatsoever save and except as expressly set forth in this agreement. 15. Timeliness When any action is required hereunder upon request for action on a document or material furnished by the County to the City said request for action on a document or material shall be furnished at least 30 days prior to the date said action is required in order to allow sufficient time for the City to review and act on said document or material. 16. Time is of the essence in this agreement. 17. Severability Should any part, term, provision of this agreement be decided by the Courts to be illegal or in conflict with any law of the State of California or any low of the United States, or should any part, term, or provision of this agreement be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. 18. Section Headings All section headings contained herein are for the convenience of reference only and are,nat, igtended to define or limit the scope of any provision of this agreement. IN WITNESS WHEREOF, parties hereto have executed this agreement on the dates set forth below. Date: JU( a 4 ATTEST: DONALD M' RAINS Board of Supervisors _— ' ), APPROVED AS TO FORM AND LEGALITY: R naYdo Carboni Deputy County Counsel Date: Afflxlfr i7 /I Tiny ATTEST: Z4 Clerk n jnb 7/83 10 COUNTY OF SANTA CLARA - 1 O�i,j (-,r- L--S 61-IT -OS 01 APPENDIX A CERTIFICATIONS The grantee certifies that: r (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative. of the grantee to submit the final statement and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: (1) met the citizen participation requirements of 5 570,301(a)(2) and has f provided citizens with: (A) the estimate of the amount of CDBG funds proposed to be used for activities that will benefit income; and persons of low and moderate (B) its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) prepared its final statement of community development objectives and Projected use of funds in accordance with 5 570.301(a)(3) and made the final statement available to the public; (d) The grant will be conducted and administered in compliance with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 e U.S.C. 2000d t sey.); and (2) Title Vffi of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601 et sea-), (e) It will affirmatively further fair housing; February 1984 a (f) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); except that the aggregate use of CDBG funds received under section 106 of the Act and, if applicable, under section 108 of the Act, during _ �� g (a period specified by the grantee consisting of 1, 2, or 3 program years , sha principally benefit persons of low and moderate income in a manner that ensures that not less than 51 percent of such funds are used for activities that benefit such persons during such period; (g) It has developed a community development plan, for the period specified in paragraph (f) above, that identifies community development and housing needs and specifies both short and long -term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (h) It is following a current housing assistance plan which has been approved by HUD Pursuant to 5 570.306; (1) It will not attempt to recover any capital costs of public improvements assisted C in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (1) funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I the Act; or (2) for purposes of assessing any amount against properties owned and occupied by persons of low and moderate income who are not persons of low income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1); and (j) It will comply with the other provisions of the Act and with other applicable laws. - 2 -