CC Resolution 79954~
RESOLUTION NO. 7995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING EXECUTION OF A NEW THREE YEAR JOINT EXERCISE
OF POWERS AGREEMENT AND COOPERATION AGREEMENT WITH SANTA
CLARA COUNTY PURSUANT TO TITLE I OF THE HOUSING AND
COMMUNITY DEVELOPMENT ACT FOR FISCAL YEARS 1991-1994
WHEREAS, the United States Congress enacted the Housing and Community
Development Act, herein called the 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 applicant under the Act; and
WHEREAS, the City of Campbell wishes to enter into such an agreement
with the County of Santa Clara in order to receive Housing and Community
Development funds; and
WHEREAS, the City of Campbell has previously entered into satisfactory
Joint Powers Agreements with the County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell hereby approves a new three year Joint Exercise of Powers Agreement
and Cooperation Agreement with the County of Santa Clara to undertake or
assist in the undertaking of essential activities pursuant to Title I of the
Housing and Community Development Act of 1974, as amended for Fiscal Years
1991-1994.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute
said Joint Powers Agreement and Cooperation Agreement on behalf of the City.
PASSED AND ADOPTED this 4th day of September, 1990, by the following roll
call vote.
AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
/ ~~sT
~~ ;ya!'/
. ohn J. Ashworth, Mayor
JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO IINDERTARE
OR TO ASSIST IN THE IINDERTAKING OF
ESSENTIAL ACTIVITIES PIIRSIIANT TO
TITLE I OF THE HOIISING AND Cpp~I[7NZTY
DEVELOPMENT ACT OF 1974, AS AMENDED
FOR FISCAL YEARS 1991-1994
This agreement by and. between the County of Santa Clara and
the ~rTy nu rnurnggyy___ is made in 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 anew program of
Community Development 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" mean 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
Development Block Grants) and Part 58 (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
entitlement grants under this Act but 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
unincorporated areas, and (3) has a population of
200,000 or more within its unincorporated areas
and units of general local government (cities)
within the county with which it has made
cooporation 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 program.
(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
Development.
(j) "HCD" is Housing and Community Development, the
Urban County's program to address housing and
community development needs of low to moderate
income persons in Santa Clara County.
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(k) "CDBG" is Community Development Block Grant, a
federal program 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
persons.
(1) "Grant" is the CDBG funds allocated 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 development of a
comprehensive, coordinated housing and community
development plan."
(n) "The HCD Citizens Advisory Committee" is an
advisory committee of the CDBG funded HCD program
established by the Board of Supervisors on the
recommendation of the HCD Council Committee. Its
adopted role is "the policy recommending body the
the HCD Council Committee on the planning,
monitoring, and evaluation of the HCD program and
development of a comprehensive, coordinated
housing and community development plan."
(o) "Board 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 BCD 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 an allocation
CDBG funds submitted by eligible applicants to
implement specific eligible CDBG activities, as
defined by BUD.
(z) "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
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serves as a guide for HUD in the distribution of
assisted housing resources to communities.
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 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 activites as defined in
the Act and Regulations thereunder for the term of this
agreement. More specifically, the parties hereto agree
to cooperate to undertake, or to assist in
~, undertaking,communityrenewal and lower incomehousing
assistance activities, specifically urban renewal
and publicly assisted housing.
City and County will take all actions within their
power to assure compliance with theUrban County's
certification required by Section 104(b)of Title I of
the Housing and Community Development Actof 1974, as
amended, including provisions of .Title VIof the Civil
Rights Act of 1964;Title VIII oftheCivil Rights Act
of 1968; Section 109 of Title I of the Housing and
Community Development Act of 1974, and other
applicablelaws and requirements of the application
and grant.
City and County agree,. pursuant to CFR 570.501 (b) that
cities are subject to the same requirements applicable
to subrecipients, including the execution of a written
agreement as set forth in 24 CFR 507.503.
City understands and agrees that should it fail to
comply with such requirements or with the terms of this
agreement, that funds which may be allocated to City
during the effective dates of this agreement may be
terminated, or reduced or 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 AUD in accordance with the
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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 dco ect s
time schedule for the implementation of the p j
activities, and other data-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.
The City shall submit to the County all necessary
information required for the completion of a Housing
AssistancePlan in the form required by HUD. This
information will detail the City's commitments 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
information furnished to County in compliance with
the Act and Regulations and consistent with identified
Urban County needs and priorities, the County shall
have full 'authority and necessary control of the
preparation and filing of the application and of other
papers and documents in support thereof.
6. 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 September 30,
1993.
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 in the
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County Program. 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 commencing
on October 1, 1990 and ending September 30, 1993.
Upon qualifying, the County will remain an urban county
(including its unincorporated areas and the included
units of general local government) 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.
7. Project Proposals
Any and all project proposals for eligible' BCD
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 by applicants other than cities
for activities to be conducted totally within the
sphere of influence of a city unless applicant has
notified the city of their intentions in writing.
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 BCD eligible
activities.
8. 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 urban 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 Committee and the Board of
Supervisozs and described in the adopted Urban
County BCD Plan. The BCD Citizens Advisory
Committee will give advice to the BCD Council
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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.
Parties hereto agree that Urban County funding
will be prohibited for activities in or in support
of any participating city that does not
affirmatively further fair housing within its own
jurisdiction or that impedes the county's actions
to comply with its fair housing certification.
B, Housing has been identified as the thehHCD
priority need within the UrbanCounty b`y
Council Committee and the Board of Supervisors;
therefore, the City and the County agree that
all funds allocated on a competitivebasis will be
utilized for housing activities as set forth
below. Housing needs include butarenot limited
to housing rehabilitation, activities to increase
the supply of new affordable housing, and housing-
relatedserviceswhich increase the availability
and/or affordability ofnewand 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 B he dHCD
Supervisors on projects to be funded,
Council Committee and the Board of Supervisors
will hold a joint meeting to resolve the
differences. The joint meeting will continue
until mutual agreement is reached. Voting
separately, when a majority of the HCD Council
Committee and a majority of the Board of
Supervisors vote to accept specific project
proposals, mutual agreement is achieved. Zt is
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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 community 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 activities.
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 reviewed by HUD during the program
year. Projects which fail to meet schedules
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
administration of the grant funds subject to the
right of the County to seek reimbursement for
actual expenses and costs of furnishing such
services, 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 24CFR Sec
570.502 as they relate to the application,
acceptance, anduse of federal funds for this
federally assistedprogram and any other records
imposed by County'scontract with HUD. All such
books, records; filesandaccounts shall be made
available forinspection at reasonable times
and placesby authorized representatives of City
and Countyto authorized representativesof City,
County, and Department of Housing and Urban
Development or any other person authorized by
the Act or theRegulations. The Director of
Finance of Countyshall receive and have custody
"of all fundsuntildisbursal of such funds to be
made in a mannerdesignated by the County. County
shall, by a date no later than 7 days after
receipt of the currentyear funding money, notify
City of the manner ofdisbursal of such funds.
12. Certification
City shall furnish County with those assurances, a
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
responsibility towards City for any failure to
include City in the application as a result of
City's failure to supply County with information
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's 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 judgments against it
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arising out of the failure cf 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 wozk done on any of City's projects.
Unless the acts of City employees, officials, or
their representatives are involved in the action
or the City authorized the acts of the County, the
County shall indemnify and hold City harmless from
any liability, loss or damage suffered as a result
of claims, demands, costs or judgments against it
arising out of the failure of County to conform to
the requirements of the Act, Regulations, or other
applicable laws; or arising out of County's
failure to perform any of the obligations under
the application; or arising out of anything done
or omitted to be done by County under or in
connection with the work done on any of County's
projects.
14. Discretionary Actions
Nothing herein contained shall be construed to
prohibit the City from exercising its discretion
on any legislative quasi-judicial andjor
administrative matter (including but not limited
to any action involving zoning of 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.
to
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 Stateot should ana
or any law of the United States, Y
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 zovisiondof
to define or limit the scope of any p
this agreement.
19, Program Zncome
(a) The City shall inform the County of any income
generated by the expenditure of CDBG funds
received by the City.
(b) Any such program income generated by the City must
be either paid to the County or the City may
retain the program income subject to requirements
set forth in Santa Clara County Community
Development Block Grant Program Reallocation
Guidelines.
(c) Any program income the City is authorized to
retain may only be used for eligible activities in
accordance with all CDBG requirements as may
apply.
(d) The County has the responsibility for
monitoring and reporting to HUD on the use of any
such program income, thereby requiring appropriate
record keeping and reporting by the City as may be
needed for this purpose.
(e) In the event of close-out or change in status
of the City, any program income that is on hand or
received subsequent to close-out or change in
status shall be paid to the enerated wbth tan
exception of program income g Y
approved rehabilitation program and held in a
revolving loan fund. Such revolving loan fund
amounts shall be maintained and used for housing
rehabilitation activities that meet all existing
and subsequent HUD regulations and requirements.
All rehabilitation activities must benefit low and
moderate income households.
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The purpose of this provision is to enable the
City to continue a housing rehabilitation program
in the event of close-out or a change in status of
the City. Such program income shall not be used
for any purpose other than housing rehabilitation
for the benefit of low and moderate income
households. On an annual basis the City shall
submit to the Santa Clara County Board of
Supervisors written certification that such
program income shall be used for these established
housing rehabilitation purposes.
October 29, 1987
jpa91-93.rev
8-8-90
jnb.8.16.90
bw.8.17.90
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IN WITNESS WHBREOF, parties hereto have executed this
agreement on the dates set forth below.
CITY/TOWN OF
COIINTY OF SANTA CLARA
B B
y CHAIRPERSON y CHAIRPERSON
City/Town Council Board of Supervisors
Attest:
City/Town Clerk
APPROVED AS TO FORM AND LEGALITY:
ty/Town Attorney
Date:
bw
8.16_90
Attest:
Donald M. Rains, Clerk .
Board of Supervisors
APPROVED AS TO FORM:
Leslie Orta
Deputy County Counsel
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P.PPE~DIX A
COIINTY COIINSEL
CERTIFICATION
I, The undersigned hereby certify that the terms and
provisions of this agreement are fully authorized under State and
local law and that the agreement provides full legal authority
for the County to undertake or assist in undertaking essential
community development and housing assistance activities,
specifically;. urban renewal and publicly assisted housing.
Deputy County Counsel
Date
jc4.cert.cc