HomeMy WebLinkAboutAGENDA REPORT 1985 1118 CC REG ITEM 08C L.d._s
idOORPARK a__ � ,
ALBERT PRIETO STEVEN KUENY
Mayor PK c4`„° City Manager
JAMES D.WEAK
`�z CHERYL J. KANE
Mayor Pro Tema� City Attorney
THOMAS C. FERGUSON �0%44 NIALL FRITZ
Councilmember •
Director of
DANNY A. WOOLARD oo:�V Community
Councilmember .. / . Development
LETA YANCY-SUTTON 1,. ,5` R. DENNIS DELZEIT
Councilmember City Engineer
DORIS D. BANKUS JOHN V.GILLESPIE
City Clerk Chief of Police
JOHN C. GEDNEY MEMORANDUM
City Treasurer
TO - The Honorable City Council
FROM - Steven Kueny, City Manager : `_
DATE : November 13, 1985
SUBLTECT : Community Development Block Grant (CDBG)
Entitlement Program - Cooperation Agreement Revisions
BACKGROUND:
Ventura County has informed the City that we must approve a new Cooperation
Agreement incorporating the revisions required by the Housing and Urban
Development (HUD) Department of the Federal government. Items 1, 2, 3 and 5
of the attached letter from HUD to Ventura County must be included in actions
taken by Moorpark. The changes are not substantive in nature; they reflect the
rigidity of the federal requirements that necessitate the use of a standard format.
A copy of the originally approved agreement with the revisions shown is attached.
RECOMMENDED ACTIONS:
1. Rescind approval of the Agreement entitled: "COOPERATION AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM", approved by the
City Council on August 5, 1985.
2. Adopt Resolution No. 85- , (a) approving cooperation agreement;
(b) authorizing Mayor to sign said Agreement; and (c) authorizing
City Manager to perform other necessary actions to accomplish City
participation in the Program.
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attachments
799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 .
°es U.S. Department of r.dualng and Urban Development
- s*
* Los Angeles Area Office,Region IX
OM. 1-. 0
1; 1615 West Olympic Boulevard
Los Angeles, California 90015-3801
OCT 15 1985
Mr. Richard Wittenberg
Chief Administrative officer
County of Ventura
Attn: Ms. Peggy Daniels
800 So. Victoria Avenue
Ventura, California 93009
Dear Mr. Wittenberg:
SUBJECT: Community Development Block Grant Program
Grant No: B-86-UC-06-0507, County of Ventura
Request for Revision to Cooperation Agreements
We have completed our review of your County' s Cooperation
Agreements. The agreements will have to be revised and re-executed in
the following areas:
1. Paragraph 2' of line 2 of the Cooperation Agreements states
"Community renewal and/or lower income housing assistance
activities." The instructions specify community renewal and
lower income housing assistance. (CPD Notice 85-5, pager,—
Section D.2.).
2. Paragraph 6 of the Cooperation Agreements must be modified
to reflect the fact that neither the cities nor the county
may terminate or withdraw from the Agreements. Delete
everything after "to qualify as an urban county." (CPD
Notice 85-5, Sections C, D. 4, and G).
3. Paragraph 9 of the Cooperation Agreements must be modified
to reflect the fact that the cities are absolutely ineli-
gible for separate entitlement grants during the 3-year
qualification period. Delete everything after "County
Qualifications." (CPD Notice 85-5, Section G).
4. The Resolution submitted by the City of Fillmore requires
the Mayor to sign the Cooperation Agreement not the City
Manager.
5. Evidence of authorization by the governing bodies of both the
county and the six cities, executed by the proper officials,
must be submitted along with the Cooperation Agreements. The
only certified resolutions submitted were from the Cities of
Ojai and Fillmore. (CPD Notice 85-5, Section D).
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Please submit the Cooperation Agreements and Resolutions within. \ 'Pt
c_ dayT of the receipt of this letter. If a delay is experienced, k'" L,ror
please advise this office. Should there be any questions regarding the ;e,
above, please contact your Community Planning and Development pp U •
Representative Ms. Jean Prohoroff, at (213) 251-7246. \.
Sincerely
2:444'
erbert L. Roberts
Director
Community Planning and
Development Division, 9.4C
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COOP=RATION AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, made and entered into this 5th day of
August, 1985, by and between the COUNTY OF VENTURA, a political
subdivision of the State of California (hereinafter called
and the CITY OF MOORPARK , a municipal corporation
located within Ventura County (hereinafter "CITY") ,
WITNESSET H:
WHEREAS, the United States Department of Housing and Urban
Development (hereinafter "HUD" ) has notified COUNTY that it is
considered to have the. required qualifications (determination of
essential powers) to participate in the Community Development
Block Grant (CD3G) program as an urban county as that term is
defined in title I of the Housing and Community Development Act
of 1574 , as amended; and
WHEREAS, the CDBG cualification pro1cess requires that
following HUD' s determination that. a county possesses the
essential powers to participate in the CDBG program as an urban _
county, that the units of general local government within the
county be. notified of their opportunity to participate in the
county' s program by entering into a cooperation agreement with
the designated urban county; and
WHEREAS, such cooperation agreements provide that the unit
of general local government and the county will cooperate in
co7munity development andlie.6 housing assistance activities and
that the area and population of the unit of general local
covernment will be included with that of the County by HUD in
determining funding levels ; and
WHEREAS, COUNTY has notified CITY of the opportunity to
participate in COUNTY' S CDBG program; and
WHEREAS, CITY desires to participate in and be a part cif
COUNTY' S CD3G program;
NOW, THEREFORE, it is mutually agreed between COUNTY and -
CITY as follows :
1 . CITY shall participate in COUNTY' S CDBG program during
Federal fiscal years 1986 , 1987 , and 1988 . (The Federal Fiscal
year is a twelve month period commencing October 1 and con-
tinuing through and including the following September 30) .
2 . COUNTY and CITY shall cooperate to undertake , or assist
in undertaking, community renewal and k-E- lower income housing
ESSiSZE7:CE activities, specifically "urban renewal and publicly
assisted housing" .
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C.•^-'-N_Y, as Grantee , shall have the final resoons-bilizv
_ __ ====r-.:.._• c eligibility cf projects and for annually filing
- -..a - Statements „ith
4 . CITY shall undertake all actions necessary. to carry out
a community development program and the approved Housing Assis-
tance Plan and comply with all CD3G program requirements and
applicable Federal and State laws and regulations .
s. COUNTY is expected to receive funding for the CD3G
program HUD. These funds will be distributed to cities on a per
capital allocation formula based upon total urban county popu-
lation as sot forth in Attachment "A" of this Agreement.
In an effort to fairly allocate reimbursement for
aEinistrative costs incurred by CITY under this Agreement, it is
understood that in addition to the allocation in the foregoing,
CITY will be entitled to receive an amount for its administra-
tive expenses . This amount will be a percentage, not in excess
0: in C: CITY'S total annual share of funds from COUNTY for
the _•erfor'-ante of this Agreement.
6 . This agreement shall remain in effect through the 1988
CDBG program year (a program year is the twelve month period
commencing July 1 and continuing through and including the
following June 30) . Neither COUNTY nor CITY shall terminate or
withdraw from this agreement, unless COUNTY fails to qualify as
an urban county. ' f
• . .^ _ _ -_ _
+— .
7. COUNTY and CiTY hereby assume the obligation to take
all required actions to comply with the provisions of Title Vi of
the Ci:-il 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 any and all other applicable laws,
regulations, and orders .
8. COUNTY and CITY shall not obstruct the implementation
of the approved three year housing assistance plan during the
three program years for which COUNTY is seeking to qualify as an
urban county.
9 . CITY understands and agrees that as part of COUNTY ' S
CDBG program it kill not be eligible for a CDBG_ entitlement or
eligible to apply for grants under the Small Cities or State
CD3G Programs for the three year period of COUNTY' s c_ualifi-
cation, - -
- -
10 . COUNTY shall assume no liability for the negligence of .
CITY or anv officer, employee, or agent , thereof, and CITY shall
holt COUN7v Free and harmless from any loss, damage, or liability
_rise out of the performance of this Agreement, except
_s ..=h-rw se be nrovided herein.
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CITY shall indemnify COUNTY in the amount of any CITY
_t-_ under this Agreement which is determined by HUD to be '
_-__o:c_, _= such amount is charged against the COUNTY or with-
held from COUNTY ' S share of funds under the: Act.
CITY shall assume no liability for the negligence of
cr a.ny officer, employee , or agent thereof, and COUNTY
. _ . hc_d C7TY free and harmless for any loss , damage,
__ liability that may arise out of the performance of this
Agreement, except as may otherwise be provided herein.
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COUNTY shall indemnify CITY in the amount of any COUNTY
excenditure under this Agreement which is determined by HUD to be
improper, if such amount is charged against the CITY or withheld
from CITY ' S share of funds under the Act.
11 . _his agreement may only be modified by an instrument in
writing executed by COUNTY and CITY and approved by HUD.
12 . n y and all notices -sent pursuant to, or in furtherance
of the pu__poses of, this agreement shall be deemed delivered if
personally served upon the Chief Administrative Office of COUNTY
or upon the City Manager' s Office of CITY or if sent via the
United States Postal Service, postage prepaid, directed to
COUNTY, addressed as -follows:
Chief Administrative Office
County of Ventura
800 S. Victoria Avenue
Ventura, California 93009
or directed to CITY, addressed as follows:
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
13 . .For each Federal fiscal year during the term of this
Agreement, COUNTY and CITY shall enter into a Supplemental Agree-
ment which will have a term coinciding with said fiscal year and
enumerate erate the project (s) CITY will implement with its entitlement
funds . Said Supplemental Agreement shall set forth the time
schedule for completion of said project(s) .
If substantial compliance with the completion schedule, .
due to unforeseen or uncontrollable circumstances, cannot be met
by CITY, the schedule for the project (s) may be extended. If
substantial progress toward completion of a project (s ) is not made
during the term of the Supplemental Agreement, the entitlement
funds associated with the project (s) may' be reprogrammed by COUNTY
afterG_prcP_ iate notice is given CITY.
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ATTACHMENT A
?Y 1986-88
CDBG ENTITLEMENT PROGRAM
% of Total
Urban County
Population* Population
43 , 693 21 . 5
2 . F±1licre 10, 278 5 . 1
Moorpark 13 , 921 6 . 9
Ojai 7 , 589 3 . 7
5 .
Port Hueneme 20 , 368 10. 0
6 .
Santa Paula 22, 681 11. 2
7 . Unincorporated 84, 560
41 . 6
Total 203 , 090 100 . 0
-Based on 1-1-85 Department of Finance population estimates.
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RESOLUTION NO. 85-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING THE
"COOPERATION AGREEMENT COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM" WITH THE COUNTY OF
VENTURA.
WHEREAS, the U. S. Department of Housing and Urban Development
has identified this City as authorized to be included in the County of Ventura's
Urban County Community Development Block Grant Program entitlement,
pursuant to Title I of the Housing and Community Development Act of 1974, as
amended; and
WHEREAS, that Act requires the execution of a Cooperation Agree-
ment between this City and County of Ventura; and
WHEREAS, this agreement allows this City's population to be
included with Ventura County's to determine a basic grant amount; and
WHEREAS, it is the intention of this City to enter into such an
agreement with Ventura County to cooperate in undertaking, or assisting in
undertaking, essential community development and housing assistance activities,
specifically urban renewal and publicly assisting housing in the incorporated
areas of this City; and
WHEREAS, Ventura County is expected to receive funding for the
Community Development Block Grant Program HUD, and these funds will be
distributed to cities on a per capita allocation formula; and
WHEREAS, in an effort to fairly allocate reimbursement for adminis-
trative costs incurred by this City under this Agreement, it is understood
that in addition to the per capita allocation in the foregoing, this City will be
entitled to receive an amount for its administrative expenses;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Moorpark
1. Elects to participate in the Community Development Block Grant
program for the three program years commencing with 1986-87
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and continuing through Fiscal Year 1988-89, in accordance with
the regulations established by the Act; and
2. Directs the Mayor to sign the required agreements; and
3. Authorizes the City Manager of this City to execute and/or
perform all other appropriate actions necessary to accomplish
the purpose of this resolution.
PASSED AND ADOPTED this 18th day of November, 1985.
ATTEST:
Mayor of the City of Moorpark, California
City Clerk
(cvnr .