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CC Resolution No. 6408 ~ • ~ • FESOLUT I OPJ NO 64U8 A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF CURERTINO AUTHORIZIt~I~ EXECUTION OF A JOINT EXERCISE OF POWERS A6REEMENT AND COOPERATION AGREEMENT WITH THE COUNTY OF ~ SANTA CLARA FOR FISCAL YEARS 1985-1987 { WHEFtEAS, in 1974 the United States Congress enacted the Housing and Community Development Act of 1974, herein call Act; and WHEREAS, Title I of the Act allows Urban Counties to receive i Community Development Hlock 6rants where such Counties enter into a Joint Exercise of Powers Agreement and Cooperation Agreement with ~ non-entitlement citie5 to qualify as an Urban County applicant under the I A~t; and I WHEREAS, the City of Cupertino wishes to enter into such and agreement with. the County of Santa Clara to qualify such County as an , Urban County and to receive Housi~g and Community Development funds , thereby; ' NOW, THEREFORE, bE IT RESOLVED: That the City Council of the City of Cupertino authorizes e;:ecution of a Joint Exercise of Powers and Cooperation Agreement with the County of Santa Clara for fiscal years 1985-1987 per attached Exhibit "A". PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _)~rh day of Augus[_______, 1984 by the following vote: VOTE MEMBERS OF_THE_CITY COUNCIL~ AYE5: (;~tto, ,)ohnson, Rogers, Sparks, Plungy NOES: None AbSENT: N~~~~, ABSTAIN: None ATTE PROVED: I- `~-ls~~="`4,~ ' CITY CLER~; ~Y , ~ ` . i . ~ . . . . . ,;r r~ z~ ~ • . ' EXHIBIY A , _.i JO(NT EXERClSF OP pp~~~as AGaeEMeNT AND ~ C OR TOAAS~N AGRGEMENT TO UNDERTAf( ~ SIST IN THE UNDERTAKlNG OF E ESSENTIAL ACTIVIT(ES PURSUqNT Tc~ } 1'ITLE I OF TH[ HOUSING AND COA4MUNITY ' DEVELOPMENT ACT OF 19i;•, qs qMENDEp ' ~ FOR FISCAL YEAR 1985-1987 I~ ~ This agreement by and between the County ot Santa Clara and is made in tfie light of the following recitals•ity °f Cunercino A• That Congress has enacted the Nousing and Community Development Act of 1974, as amended; d• That Title t of tlic Act provides for a new prograrn of i~ Develpment [31ock Grants; Community C• That Titie 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; , That City is not eligible to apply directly for entitlement funds under CounAct but may, by entering into a cooperation a~reement with Y, quatif y County as an urban count a i~ receive such funds; Y Pplicant and can thereby ~ E• That the parties hereto wish to enter into this agreement to enable the urb nt countynand to establishYther especet ve rights,a de tiligat ons 3n the contracting parties to such funds, of NOW, THERGFORE, THE PART[ES HER[Tp qGREE AS FO~~p~,s: Auth~rit~es { ~ This agreement is made i pursuant to 5ection 6500 and following of thc ~ California fovernment 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 thcir own jurisdictions. This agreement is further made pursuant to the Housing and Community Devclopment Act of 1974, as amended. 2• Def~~ns The dcfinitions below arc intended to assist the agreement. For purposes ot simp~icity and clearcr understandin~ng this of the definitions bclow have been shortened or rephrased from set forth in thc Act and Regulations thereunder. some canfiict betwccn thc dctinitions in this agreement and those settfor la ~ the Act and Regulations, the latter shall govern. ~a1 "Act" mcans Title 1 of thc liousing and Community Develupment Act of I974, F~.L.93-383, as amended. 1 ~ ' ~ ~ . (b) "A pplicant" is the County of Santa Clara applying as an urban county, . i i (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 61ock Grants) and Part 53 (containing the regulations on the Federal Environmental Review Procedures). (d) "County" means the County of Santa Ciara. (c) "City" means the city or town that is a party to this agreement; i such city or town may be referred to as a"Non-entitlement city", I that is, a city ahich cannot directiy apply for or receive entitle- . ( ment grants under the Act but which can receive funds through ~ cooperation agrecments with the County. i ; (f) "Urban County" means a county that is (i) 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 aetivities. ~g) "Urban County staff" mcans thosc HCD staff persons of the County and cities psrticipating in the Urban County HCD pro- gram. (h) "Application" means the application for a grant to be su6mitted by the County, as an Urban County, for entiUement funds under Title 1 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 comm~nity development needs of tow to moderate income persons in Santa Clara County. (k) "CDf)G" is Community pevelopment ptock Grant, a federai pro- gram administered by HUD which provides funding to eligible entitlement cities and urban countics to address housing and community devclopment needs of low to moderate incomc pe~- sons. (I) "Grant" is thc CD(3G f~nds given by HU~ to Santa Clara County as the legal recipient of the Community Developme`t Rlock Grant ~ tor the Urban County. (m) °HCD Council Committee" is an advisory committcc established . by the Board of Supcrvisors to advise the E3oard of Supervisors on ' 2 • ~ the CD13G tunded HCII I'rogram, its adopted roic is °thc policy recommendinb body to the [3oard ot Supervisors on the planning, monitoring, and evaluation of the HCD program and the develap- ment of a comprehensive, coordinated housing and community development plan." (n) "NCD Citizens Advisory Cor-imittee" is an advisory committee on the CDBG funded HCD progi~m established by the aoard of Supervisors on the recommendation of the HCD Council Commit- tee. [ts adopted role is "the policy recommending body to the HCD Council Committee on the p?anning, monitoring, and evalua- tion of the HCD prograrn and development of a comprehensive, coordinated housing and community development plan:' ~ ~o) "poacd of Supervisors" is the legal recipient of the Community Development Dlock Grant from HUD and is le~ally responsible fo~ the administration of the Urban County HCD Program for Santa ~ Clara County. ' ~p) "Citizens Participation Plan" is the plan adopted by the E}oard 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 CD~G tunds submitted by eligible applicants to implement specific eligible CDDG activities, as defined by HUD. (r) "Housing Assistance Plans" (HAP) describe the housing conditions and goals to meet the housing needs of lower income pcrsons, and identifies specific housing actions to be taken by the Urban County to fulfill its housing needs. The HAP alsu serves as a guide for HUD in the distribution opf assisted housing resources to communitics. (s) "Net Funds" are the total annual CDf3G entitiement grant less City and County administrative costs. (t) "Designated Punds" are those CDDG funds which witl be allocated on a competitive basis for only housing activities. The total amount of moncy to be availabie in the Designated Funds cate- gory will be determined by multiptying thc Net Funds by 5055. Therefore, pesignated Funds = Net Funds x SQ°6. (u) "Non-Designated Funds" are those CDf3G funds which will be atlocated equally to all participating jurisdictions in thc Urban County on a non-competitive basis to meet identitied community development and housing nceds. The totat amount of money to be , availabie in the Non-Designated Funds wili be determined by multiplying thc Net Funds by 50`.Y, and dividing the product by the total number of participating Jurisdictions. Therefere, Non-Designated Funds = Net Funds x SOS16 Number of paruc~pating Cities and County 3 ~ ~ 3. Purpose oE A~;reement This agreernent is being made to rneet 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 agreernent shall be accomplished in the manner hereinafter set forth. I 4. Cooperation A~reement I 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 agrecment. More specifically, the parties hereto agree to cooperate in undertaking, or to assist in undertaking, essential , community development and housing assistance activities, specificaUy , urban rene~val 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 19G4; Titie VItI of the Civil Rights Act of 1963; Section 109 of Title 1 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 effectivc dates of this agreement may be term- inated, or reduced ot otherwise lirnited in accordance with the Act and Regulations. 5. Administration of A~reement The officer and agents o[ both parties will cooperate in furnishing information and assistance necessary tor the preparation, completion and filing of the County's appiication with HUD in accordance with the requirements of the Act and the Regulations. In accordance with such cooperation, the City shall annuaily furnish the County with the City's locai plan and process for citizen participation in the development of the City~s project proposals requested to be funded with Urban County C~[3G funds. The City's locai citizen participation commitments will be incorporated into the official Urban County Citizen Participation Plan. The City shall, prior to tlie tinal project proposai submission deadline approved by tlic 6oard of Supcrvisors, submit project proposal requests for CDf3G tunding to thc County in the format devcloped by thc County. These project proposals will include a description bf the project's activities, the Urban County's need the project i6 addressing, a detailed time schedule for the implementation of the ~roject's activ- ities, and othcr dataa items nceded in the evaluation ot thc project proposal. These project proposals must be formalty approved by the ' City Council for transmittal to thc County and be developed and reviewed during the local citizen participation process. 4 f ~ ~ ~ The City shall subrnit to thc ('~~unty a HousinF Assistancc Plan in the form required by IIUD. This d~~c ument will detai( the City's commit- • rrients 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 HI_)D to detcrmine the local commitments to address housing needs of low to moderate income persons. Whereas thc County shall not alter or amend the elements furnished to County where in compiiance with the Act and the Regulations and consistent with identified Urban County needs and priorities, the County shall have full authority and necessary eontrol of the prepara- tion and filing of the application and of other papcrs and doc~ments in support thereof. i ~ 6. Term of ARreement ~ ' This agreement shalt become etfective upon execution by the governing bodies of County and of City and it shali remain in full force and effect until 7une 30, 1938. ' Thc County wiU submit to thc City the 7oint Fxcrcisc 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. [f a City decides not to participate in the Urban County Program by not signing a]oint Exercise ot Powers Agreemcnt Znd Cooperation Agreement, it may not be eligible to receive entitlement CDt3G funding for three successive program years commending on July 1, 1985 and ending June 30, 1958, Upon qualifying, the County wi?I rernain an urban county (including its unincorporated areas and the included units of general locai govern- ment) for a period of three ycars. That is, during the three year , qualitication period no included unit of general local govemment can be removed from the urban county, nor can any additional units of general local government generaliy be inciuded in the urban county during that pe~iod. To ass~re that included units of general local govemment remain an effective part ot thc urban county for thc entire three year qualification period, this cooperation agreement betwcen the urban county and its included units of general local govemment covers three successive program years. 7. Project Proposals Any and all project propos~ls for cligibie HCb activities totally within the sphere of influence ot 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 appiicants other than ritics for activities to be conductedtiotaily within the sphere ot influcnce ot a city. 5 i ~ ~ ~ ~ . ~ Project proposals of a cou~tywide nature may be submitted directly to , the County. Cities shall have the right to review and comment on all project proposals for the funding ot countywide HCD eligible activities. 8. Grant Disbursements A. City understands and agrecs that CDBG funds disbursed under this agrcement are the obligation of County and that such obiigation of thc County is dependent upon the qualification of the County as an urban county appiicant and upon the availability of federal I funds to implement Titte I of thc Act. Punds disbursed to the ~ City will be expended o~ 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 I~ of prioritized nceds, 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 dcscribed in the adopted Urban County HCD Plan. 6. It is understood that ail parties to this agreement recognize thcir . responsibilities to undertakc community development and housinR activities, Accordin~;ly, cach of the participating jurisdictions will be provided with an equal sharc on Non-nesignated F~nds in ordcr to mcet identitied community devclopment and housing needs in their jurisdiction, Cities and the County will recognize the housing need in the County and HAP goals when decidin~ to fund projects from thcir Non-Designated Funds. However, thcre are no guarantecd pcrcentages in the Non-Designated fund set asidc for housing activities in cach participating jurisdiction. , C. [~ecause housing has been previousiy identified as the highest priority nced within the Urban County by the HCD Council Committee and the 6oard o[ Supervisors, the City and the County agree that all of the Dcsignated Funds will be ailocatcd on a competitive basis as set forth below for housing activities. Housing needs include but are not timited to housing rehab- ilitation, activities to increase the suppiy of new affordable housing, and housing-related services which increase the avail- ability and/or affordability of new and existing housing. Aftcr thc deadiine for submission of project proposals, the Urban County sWff, composed of inembers of the County and City HCf~ staffs, wil( evaluate the project proposals according to the approved criteria and make recommendations on projects to be funded. These recommend.itions will be revicwed by the HCD ~ . Citizens Advisory Committce, the HCD Council Co`mmittee and , the Doard of Supervisors. 7he HCD Citizens Advisory Committee wil! give its advice on projects to be funded to the HCn Councii Committee prior to actions of the HCD Council Committee. 6 _ _ _ . . : • ~ 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 0oard ~ 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 wilt continue until mutual agreement is reached. V~ting separately, when a majority of the HCD Council Committce and a majority of the Board of Supervisors votes to accept specific project proposals, mutual agreement is achleved. It is understood and agreed that as legal ( recipient of the grant, the Roard of Supervisors must officia?(y I approve the mutually agreed upon project proposals to be included I in the application in order to insure that the program submitted to ' i HUD is consistent with the County's adopted housing and com- j munity development plan. At that time, the City will know the number of projects approved and the estimated amount of CDf3G , funds it is to receive. Upon approval of the CDDG application and the releasc of funds ' by HUD, thc City may be~in implementation of approved activi_ , ties, Information on the progress of approved activities wilt be submitted to the County on a periodic basis during the program year the activities are beins carried out. This information wiU 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 tirne schedule will be evaluated according to the process dctailed in the approved Urban _ County CDf3G Reprogramming Guidelines. 9. Areas of Housin~ Authority Opcration Nothing herein shatl 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. !0. Services, Equipment and Property; Reimbursement . County shall provide or be primarily responsiblc for providing the services, equipment and other property necessary tor the planning, preparation and filing oi the CD~G 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 Cowty as herein-above described shall belong to County during the term ot this agrcement and after its termination. At thc termination of the CDE3G program, all property and equipment acquired with CDBC , funds wilt be subject to the requirements and conditjons of O~ti9~ ' Circular A-102 Attachment N, Property Alanagement Standards. 7 • ' ~ • il. Rccords City and County shall maintain appropriatc books, records, files, and accounts relating to the receipt and disbursem ent of the grant funds, including records in accordance with Fedcral M anagem ent Circular 74-4 and O~rt~ Circular A-102 as they relate to the application, acceptance, and use of federal funds for this tederaliy assisted program and any other records irnposed by County's contract with HCD. All such books, records, tiles and accounts shalt be made available for inspection at reasonable tim es and places by authorized representatives of City and County to authorize representative of City, County, and Department of Housing and Urban Devclopment or any other person authorized by the Act or the Regulations. The pirector of Finance of County shall receive and have custody of ail funds until disbursal of such funds to be made in a manner designated by County, County shall, by a date no tater 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 Septembcr 23, 1984, City shall furnish County with those assurances, copy of which, marked Appendix A, is being attached hereto and made a part hereot. 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 lt is expressly undcrstood that, as thc applicant to HUD, County must take the full responsibility and assurne all obligations of an applicant under thc 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. Furtlier, County assumes no responsibility towards City for any failure to include City in thc application as a result of City's tailure 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 inio~mation, 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 tiie action or the County authorized the aets 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 ot City's failure to pertorm any ot the obiigations under the application; or arising out of anything done or omitted to be donc by City under or in connectior~ witl~ the work done on any of City;s projects. . 8 ~ • 14. Discretionary nctions ~ Nothing herein contained shall be construed to prohibit the City irom exercising its discretion on any legislative quasi-judicial and/or admin- istrative matter (including but nut limited to any action involving zoning or General Plan amendments). Nothing herein shalt 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 I whatsoever save and except as expressly set forth in this agreement. I ~ 15. Timeliness When any action is required hereunder upon request for action on a document or rnaterial furnished by the County to the City said request ~ for action on a document or material shall be turnished at least 30 days prior to the date said action is required in order to aUow sufficient time i fo~ the City to review and act on said document or material. , ' !6. Time is of the essence in this agreement. 17. Severabilitv Should any part, term, provision o( 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 inefiectual, the validity of the remaining portions or provisions shalt not be affected thereby. l8. Section HeadinRs Al! section headings contained herein are for the convenience of reference only and are notintended to define orlimit the scope of any provision of this agreement. ~ ~ 9 i ~ . . • • . ~,I . i W WITNGSS WHER[OF, parties hcreto have executed this agreement on the dates set forth bclow. Date: COUNTY OF SANTA CLARA I ~ I i ~Y I Chairp°rson, Board of Supcrvisors ATTEST: DONALD Al. RAWS , Clerk, floard of Supervisors APPROVED AS TO FOR1A AND LEGALITY; d~ (~~~,~~-~7 R na do Carboni Deputy County Counscl Datc: CITy OF CUPERTINO ~y ' y~r ATTGST: rity Clerk APPROVI:D AS TO F) t ANf) LEGALITY: / ~ ' L%4%~~L~C%tX/ • ~ ~ Charles Ki an City Attorney ~ jnb 7/83 10 . . ' • ~ ~ ~ APPENaIX A ' I ~ • . ~ CERT I P I CA: :ONS i I The grnntee certifies that: (e) It possesses legal authority to make a grant submission and to execute a • community development and housir.g program; I (b) Its governing body has duly adopted or passed as an officiel act a resolution, , motion or similar action authcrizing the person identified as the olfi~iel representative of the grantee to submit the finnl stntement and a11 , understandino and assurnnces contnined therein, and directing and authorizing , the person identified as the officinl representative of the grantee to net in connection with the submission of the final statement nnd to provide such , additionalinfor m ation as may be required; : (c) Prior to submission of its tinal statement to HOD, the grantee hes: tl) met the cltizen participation require m ents of 5 570.",Oi(a)(2) and has ( provided citizens with: l (A) the estimate of the amount o! CDBG funds proposed to be used for activities that wiil benefit persons o! loN and moderate income; and (B} its plan for minimizing displneement of persons as a result of . ectivities assisted with CDE3G funds nnd to assist persons netaally dispiaced as e result of such activitics; (2) prepared its final stutement of community development objectives and projected use of funds in accordance with 5 570.301(a}(3) and made the ' finffi statement available to the pubiic; (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 U.S.C. 2000d et sey.), and ' (2) Title VIlI of the Civit Rights Act of 1968 (Pub. L. °0-284; 42 U.S.C. 3601 et sc~c (e) It will a[firmntively further fair housing; ' , February 1984 ' ~ ~ . ~i, ff) It has developed its [inal statement of profected use of funds so es to give maximum feasible priority to activities which benefit low and moderate (ncome families or aid in the prevention or elimination o[ slums or blight; (the fin:i2 statement ot projected use of fund, may elso include activities which the grnntee certifies are designed to meet other community development needs having a partfcular ucgency because existing conditioru pose a serious and , immediate thrent to the health or welfarc of the community, end other finnncial , resources are not available); exeept thnt the aggregate use of CDBG funds received under section I06 of the Act nnd, if npplicable, under section 108 0! the I Act, during (a period specified by the grantee consisting of 1, 2, , or 3 progrnm years , she principally benefit persons of low and moderate income in e manner that ensures th~t not less than 51 percent of such funds are , used for ectivities that benefit such persons during such period; I (g) It hns developed a community development plan, for the pertod specified in i paragrnph (f) above, that identifies community development and housing needs ~ end specifies both short and long-term community development objectives th9t I hnve been developed in accordn~ce with the primnry objective and requirements of the Act; (h) It is following a curcent housing essistnnce plan which has been approved by HUD pursuant to 5 570.306; (i) It will not ettempt to recover ¢ny capitnl costs of public improvements assisted ` in whole or in pert with funds provided under section 106 of the Act or with amounts resulting from a guernntee under section 108 of the Act by assessing any amount against properties owned and occupied by persons o[ low and moderntc income, ineluding any fee charged or assessment made as a condition ~ of obtnining access to such public improvements, unless: (1) funds received ~ under section 106 of the Act are used to pay the p:oportion o[ such fee or ! . assessment that relntes to the cupitat cosLS of such public improvements that are ! financed from revenue sources other than under Title ! the Act; or (2) for • purposes of assessing nny amount against properties owned end occupied by • persons of low a~d moderate income who nre not pcrsons of low income, the grantee certifies to the 3ecretnry thnt it lacks sufficient [unds received under section !O6 of the Act to comply with the requirements of subparagrnph (i); and ~j) It will comply with the other provisions of the Aet nnd with other applicable Inws. l ~ _ 2 _