HomeMy WebLinkAboutAgenda Report - October 21, 1987 (62)1: CGER 21, 1') 1
MEMORANDUM OF
UNDERSTANDING FOR
MOUSING REHABILITATION
SERVICES CITY OF
NODI AND COUNTY
OF SAN JOAQUIN
RES. NO. 87-146 Mr. Rick Barnum, Associate Planner, advised the Council
that in order to minimize the administrative weight
Cc -.t5, commonly associated with housing rehabilitation programs,
San Joaquin County has offered to provide key
administrative services for a mutually acceptable fee. The
scope of services offered by San Joaquin, as enumerated in
a Memorandum of Understanding presented for Council review
would serve to most efficiently implement Lodi's
rehabilitation P •ogram.
Following discussion, with questions being directed to Mr.
Barnum, Council, on motion of CaunciI Member Snider,
Kinchman second, adopted Resolution No. 87-146 approving
the Memorandum of Understanding for Housing Rehabilitation
Services - City of Lodi fnd Council of San Joaquin.
COUNCIL., COMMUNICATION
TO.. THE CITY COUNCIL DAM- °IO.
FROM: THE CITY MANAGERS OFFICE October 21, 1987
SUBJECT: MEMORANDUM OF UNDERSTANDING FOR HOUSING REHABILITATION SERVICES
CITY OF LODI AND COUNTY OF SAN JOAQUIN
RECOMMENDED ACTION
That the City of Lodi adopt a resolution
accepting A Memorandum of Understanding
between the City of Lodi and the County of
San Joaquin for Housing Rehabilitation
Services.
BACKGROUND INFORMATION In order to minimize the administrative
weight commonly associated with housing
rehabilitation programs, San Joaquin
County has offered to provide key administrative services for a
mutually acceptable fee. The scope of services offered by San
Joaquin, as enumerated in Attachment A of the Memorandum of
Understanding, would serve to most efficiently implement Lodi°s
rehabilitation program.
r�Nxwy
Rick Barnum
Associate Planner
Attachments
Covperatic!; Agreement
The Cooperation Agreement is essentially the same as that executed
three years ago. HUD has directed that certain statements be added to the
Cooperation Agreement regarding pending Federal legislation for the Urban
County Program, Equal opportunity, rear property acquisition, and program
income.
Allocation Agreement
The allocation formula has been charged to exclude the age of housing
in the ratio allocation count. However, pursuant to the Allocation
Agreement, San Joaquin County shall insure that Lodi shall receive an amount
which is no less than which it would havr-eceived had it maintained its
metropolitan city status. Also, the Alloc,,ion Agreement has been revised
to increase the administrative set aside from five percent to six percent.
Rick Barnum
Associate Planner
Attachments
RESOLUTION 87-146
I. G MEMORANDUM , Uf��E "?�•:.V« (COMM"ufr: Tyr
r T f_ k n r r l i .� i> i T n i f A �J (C
BE IT RESOLVED that the City Council of the City of Lodi does hereby epprove
the Memorandum of Understanding dated Octo\er 21, 1987 between San Joaquin County
and the City of Lodi to establish an agreement between the County and City with
regard to the use of Block Grant funds for the City of Lodi's Housing
Rehabilitation Program, which is to be jointly administered and carried out by the
County of San Joaquin and the City of Lodi, a copy of which is attached Marked
Exhibit A, and hereby made a part hereof.
Dated: October 21, 1987
I hereby certify that. Resolution No. 87-146 was passed and Ljopted by the
City Council of the City of Lodi in o regular meeting held October 21, 1987
by the following vote:
Ayes: Councilmembers - Ninchman, Pinkerton, Reid, Snider, a..d
Olson (Mayor)
Noes: Councilmembers - None
Absent: Councilmembers - None
Alice M. Reindie
City Clerk
87-146
MEMORANDUM OF UNDERSTANDING
HOUSING REHABILITATION SERVICES
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The purpose of this memorandum dated October 21, 19P'f, between San Joaquin
County and the City of Lodi is to establish an agreement between the County and City
with regard to the use of Block Grant funds for the City of Lodi's Housing
Rehabilitation Program, which is to be jointly administered and carried out by the
County of San Joaquin and the City of Lodi.
WORK PROGRAM
The County agrees to carry out those activities specified as County activities
under the scope of services (Attachment A) in implementing the City's Housing
Rehabilitation Program.
BUDGET AMOUNT
The City of Lodi has al'.ocated 5157,000 of Block Grant funds for this
activity. The County agrees to incur costs, not to exceed the allocated amount and
for service rEndered under Scope of Services, under Appendix A. The county shall be
entitled to receive reimbursement not to exceed $23,550.
USE OF FUNDS
Use of Funds pursuant to this Agreement shall be in accordance with the
requirements of the Housing and Community Development Act of 1974 (as amendEJ), 24
CFR Part 570; other regulations governing the Block Grant Program, and any amendments
or policy revisions thereto which shall become effective during the term of this
agreement. Community Development Block Grant regulations are incorporated herein by
reference. In addition, the City and County agree to comply with other applicable
laws, including Section 50A ;,f the Rehabilitation Act of 1973, the Age Discrimination
Act of 1975 and Executive Order #11053.
The housing rehabilitation activity must be designed, or so located, as to
assist lower income persons, eliminate slums or blighted conditions on a spot basis,
or meet an urgent community development need, health or safety condition.
PERIOD OF AGREEMENT
This agreement shall be in force until all the funds allocated for this
activity have been expended; or until 12 months have elapsed from the signing of the
agreement, or whichever shall occur first; or within 30 days notice, by either party,
of its intent to cancel the agreement.
SCOPE OF SERVICES
The City and County agree to carry out all those activities specified in
Appendix A, and in accordance with the goals, policies, and guidelines specified in
Appendix B.
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irEIB?)RS`rRr FCR SERt`,C�S RENDERED
San Joaquin county will be reimbursed for serv:c"_s tendered consistent -v,,it.h
REIMBURSEMENT FOR HOUSING REHABILITATION WORK
The County shall be responsible for receivinc and processing claims from
contractors for work performed. The City shall have final approval of all progress
and final claims for payment.
ADMINISTRATIVE AND MANAGEMENT RESPONSIBILITIES
The administrative responsibilities for implementing the Scope of Services
contair. in Appendix A jointly rest with the City and County. It shall be the
responsibility of the Deputy Direci.or of the Department of Planning and Building
Inspection to ensure that the program is carried out in compliance with applicable
(Federal or State) regulatory or statutory requirements and/or supplemental guidance
issued by the funding agency or department. The City shall jointly be responsible
for certifying the eligibility and appropriateness of costs incurred and shall
acknowledge such certification in the submittal and approval of claim; for
reimbursement.
MONITORING!EVALUATION
The City shall have the right to review program records at any time after 5
days notice has been given to the County.
EQUAL OPPORTUNITY IN PARTICIPATION
Under the terms of Section 109 of the Housing and Community Development Act of .
1974, and in conformance with all requirements imposed by or pursuant to the
Regulations of the Department of Housing and Urban Development (24 CFR Part 570.601)
issued pursuant to this Section, no person in the United States shall on the ground
of race, color, religion, sex, age, handicap, national origin or any other basis
prohibited by applicable law be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or activity funded
in whole or in part with the community development funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Agency may not directly or through contractual or other arrangements, on the
ground of race, color, religion, national origin, age handicap, sex or any other
basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other
benefits provided under the program or activity.
b. Provide any facilities, services, financial aid, or other
benefits which are different, or are provided in a different form
from that provided to others under the program or activity.
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REIMBURSEMENT FOR HOUSING REHABILITATION WORK
The County shall be responsible for receivinc and processing claims from
contractors for work performed. The City shall have final approval of all progress
and final claims for payment.
ADMINISTRATIVE AND MANAGEMENT RESPONSIBILITIES
The administrative responsibilities for implementing the Scope of Services
contair. in Appendix A jointly rest with the City and County. It shall be the
responsibility of the Deputy Direci.or of the Department of Planning and Building
Inspection to ensure that the program is carried out in compliance with applicable
(Federal or State) regulatory or statutory requirements and/or supplemental guidance
issued by the funding agency or department. The City shall jointly be responsible
for certifying the eligibility and appropriateness of costs incurred and shall
acknowledge such certification in the submittal and approval of claim; for
reimbursement.
MONITORING!EVALUATION
The City shall have the right to review program records at any time after 5
days notice has been given to the County.
EQUAL OPPORTUNITY IN PARTICIPATION
Under the terms of Section 109 of the Housing and Community Development Act of .
1974, and in conformance with all requirements imposed by or pursuant to the
Regulations of the Department of Housing and Urban Development (24 CFR Part 570.601)
issued pursuant to this Section, no person in the United States shall on the ground
of race, color, religion, sex, age, handicap, national origin or any other basis
prohibited by applicable law be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under, any program or activity funded
in whole or in part with the community development funds.
Specific (not exclusive) Discriminatory Actions Prohibited:
The Agency may not directly or through contractual or other arrangements, on the
ground of race, color, religion, national origin, age handicap, sex or any other
basis prohibited by applicable law:
a. Deny any facilities, services, financial aid, or other
benefits provided under the program or activity.
b. Provide any facilities, services, financial aid, or other
benefits which are different, or are provided in a different form
from that provided to others under the program or activity.
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C. Subject to segregated or separate treatment ir. any racilty
in, or in my matter or process related to receipt of ar.y
service or benefit under the program of activity.
A. Restr;c.t it any way access to, or in tt e �nJ� ,vment ac v
aCvati43Je c` ci1"i vi Iege eiiJ ye d. t,y o'.r;e r in connect—lore W'.
�aC'. CS, S e?'V iCaS, f4;112 C3a aid 0' U[. :e7 benbfl-S L:i:d
the program or activity.
BUSINE.>S AND EMPLOYMENT OPPORTUNITIES FOR LONER INCOME RESIDENTS
The City and County will conform with the rules and regulations set forth under
Section 3 of the Housi^g and Urban_ Development Act of 1968, (12 USC 1701u), as
amended, and the NUJ regulations issued pursuant thereto at 24 CFR Part 135. This
act requires that t) the greatest extent feasible, opportunities for training )nd
employment be given to lower income residents of the project area, and contracts for
work in conne;.tion with the p.•oject be awarded to business concerns which are located
in, or owned in substantial part by, persons residing in the area of the project. In
all solicitation for bids, the contractor must, before signing the contract, provide
a preliminary state -eat of the work force needs and plans for possible training and
employment of lower income persons. When the City and County utilize the bidding
procedure to let a bid, the invitation or solicitation for bids shall advise
prospective contractors of the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, and the clause shall be inserted as a component
part of any contract or subcontract. if the City and County solicits or requests an
invitation for bids, every effort feasible will be made to contact minority
organizations for a response to the solicitation or invitation for bidders.
NONDISCRIMINATION IN FEDERALLY -ASSISTED PROGRAM
in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) in
the sale, lease or other transfer of land acquired, leased or improved with
assistance provided under this Agreement, the deed or lease for such transfer shall
contain a covenant prohibiting discrimination upon the basis of race, color,
religion, sex or national origin, in the sale, lease or rental, or in the use or
occupancy of such land or any improvements erected or to be erected thereon. The
Agency will comply with Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as
amended and will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing.
PROVISION OF THE HA.CH ACT
Neither the City program nor the funds provided therefore, nor the personnel
employed in the administration of the program, shall be in any way or to any extent
engaged in the conduct of political activities in contravention of Chapter 15 of
Title 5, United States Code.
LEAD BASE PAINT
Any grants or loans made by the city for the rehabilitation of residential
structures with assistance provided under this Agreement shall be made subject to the
provisions for the elimination of lead base paint hazards under 24 CFR Part 35, as
amended.
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1N WITNESS WHEREOF, the parties hereto have executed this agreement the day and year
first hereinabove written.
ATTEST: JORETTA J. HAYDE
Clerk of the Board of Supervisors
of the County of San Joaquin,
State of Cali.ornia
By (SEAL)
Deputy Clerk
APPROVAL RECOMMENDED
County Dept. of Administration
By
County Administrator
APPROVED AS TO FORM:
JOHN F. CHEADLE, County Counsel
By
Sandra Michael f onso
Deputy County Counsel
COUNTY OF SAN JOAQUIN,
a political subdivision of the
State cf California
By
GEORG L. BARBER, Chairman
Board of Supervisors
San Joaquin County
CITY OF LODI
By
��f
EVELYN W W -on, Mayor
City of Lodi
ATTEST
MtS-M. RgIMCHE
City Clerk
APPENDIX A
SCOPE OF SERVICES
This city and county agree that the following activities as specified bele., are the
responsibility of each party to this Agreement.
Count Activities
1. Initial Application Intake
2. Loan Applicant Eligibility Determination
3. Preliminary Housing Rehabilitation cost estimate
4. Bank Application Processing
5. Housing Rehabilitation Work Write-up
6. Formai Bid/Review Process
7. Notice of Award
8. Notice to Proceed
9. Processing of Progress Payments
10. Request for Contractor Lien Release
11. Contractor Final Payment
12. Notice of Completion
City Activities
1. Final Loan Underwriting Decisions
2. Progress Inspections - Building Code
3. Authorization of Progress Payments
4. Authorization of Final Payment
APPENDIX 6
HOUSING REHABILITATION GOAL
The City of Lodi will attempt _o encourage the rehabilitation of all
eligible rE;idential structures located within the east side target area
(refer to map Attachment A) through the following types of activities
and assistance:
1. Informational Outreach
Display advertisements will be published periodically in local
papers of general circulation.
2. Inspection of Property
Upon request of the owner, individual housing unit inspections will
be made, and deficiencies pursuant to the Uniform dousing Code will
be noted. An inspection summary will be prE.ared for use as a
guide for corrective action.
3. Financial and Technical Assistance
Financial and technical assistance will be offered to
owner -residents to encourages the rehabilitation of units to Uniform
Housing Code Standards to eliminate code violations.
Policies
To encourage the rehabilitation of owner occupied single-family
residential structures to a level consistent with Uniform HGUsina
Code Standards, to ensure the eliminatian of health and safety
violations, and to protect the general public.
To provide a level of financial and technical assistance to low and
moderate income residents within the east side target area of Lodi,
in a manner consistent with the availability of program resources,
types of loans, and loan limitations.
To ensure the confidential treatment of applicant information
consistent with Federal and State laws and regulations.
To ensure that policies and procedural guidelines are consistent-
with
onsistentwith Federal and State program requirements.
E (iibie ieh.:;1 'tis "k A, C 4 ,,4 ries
�.;tim.,Cdi `:_ HaZ,4rds to Life Safe.. (E;:,.ercelicv)
The followinn list list of repairs are those which are deemed
necessary by the inspector to eliminate an immediate threat to life
and safety of an individual. Such repairs may include, but not be
limited to:
a. Repairs to correct failing structural components of she
building.
b. Electrical repairs to correct conditions which are likely to
result in a fire or threaten life.
C. Plumbing repairs which involve exposed sewage, unsafe
drinking eater and water heaters.
d. Mechanical system repairs which involve conditions likely to
result in a fire or leakage of gas which may result in death.
e. Other repairs needed to correct conditions which could be
life threatening.
2. General Housing Code and Health and Safety Code Items
The following list of repairs are those which are necessary to
eliminate inadequate or improperly installed electrical, plumbing,
heating fixtures and structural conditions which, though not life
threatening, represent deteriorated and/or inadequate housing.
Such repairs may include, but not be limited to:
a. Repairs necessary to eliminate Uniform Housing Code and
Health and Safety Code deficiencies.
b. Repairs necessary to correct electrical defects, plumbing
defect;, and heating system defects.
C. Repair or replacement of poor structural conditions.
d. Additions or alterations to reduce overcrowding or eliminate
barriers to elderly/handicapped persons.
e. Installation of fixed fire detection devices and other
devices which prevent or minimize hazardous conditions or
situations.
s
3. General Home Improvements
t
a. Home security improvements including, but not limited to
deadbolts, window locks and alarm systems.
b. Energy conservation, weatherization improvements.
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4. Order of Prioritv
Priority is established by oraer of owner request. Applications
wilt be date stamped and numbered in the order received by San
Joaquin county. in consultation c:itt. the City Building Official,
the County Building Official may amend the application order if the
applicant fails to complete the application process after two
notifications, or if the City or County Building Officials receive
documented health or safety violations.
5. Other Administrative Procedures
Loan Dispute and Reconciliation
The City of Lodi Community Development Director, City of Lodi
Building Official, Program Manager of the Grants Management, Office
of San Joaquin County and the Deputy Director of Buildings of San
Joaquin County, will review all disputes associated with the loan
and rehabilitation activities. The decision of the program
administrators is final, with no further recourse at. the City or
County level. A loan applicant may appeal the administrator's
decision to the appropriate funding agency.
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LOW AND MODERATE INCOME TARGET AREA y'
'
HOUSING REHABILITATION_
z
TO- THE CIT`! COUNCIL
FV -)M, THE CITY MANA,.:fR'S OFFICE
• TT'A'!'%TT rnV(ATTT`-TT!`.1'T'Tf
L 1U iN%-AL l O k V 111\.. t-aAav
SUBJECT, RENEWAL OF URBAN COUNTY A REEMENTS
CITY OF LODI COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
RECOMMENDED ACTION: That the City of Lodi enter into the required
Urban County Agreements with San Joaquin County,
as necessary to continue the Urban County
Community Development Block Grant Program for the next three years, ending
in Fiscal Year 1990. (Resolution. Nos. 87-143, 87-144, arO 87-1145)
BACKGROUND INFORMATION: On November 21, 1984, technical amendments to
the Housing and Community Development Act of 1984
allowed the City of Lodi to defer its Community
Development Block Grant (CDBG) Entitlement City Status, thereby making it
possible for San Joaquin County to qualify as an urban county under the
Community Development Block Grant Program. Through the deferral of its
entitlement city status, the City of Lodi experienced increased benefits in
CDBG funding levels, and was able to share burdensome administrative tasks
with San Joaquin County.
Sar. Joaquin County is presently nearing the end of its urban qualification
period. In order for Lodi to continue to participate in the CDBG program
with San Joaquin County, the attached Urban County Agreements are hereby
provided for City Council adoption. The Urban County Agreements consist of
the following resolutions and associated documents:
1. Resolution deferring the status of the City of Lodi as a
metropolitan city under the Community Development Block Grant Program.
2. Resolution authorizing execution of the Urban County Cooperation
Agreement, with said Cooperation Agreement attached.
3. Resolution authorizing execution of the Urban County Allocation
Agreement, with said Allocation Agreement attached.
For the forthcoming Urban County qualification period, changes have occurred
in the following areas:
Deferment
Federal legislation is pending to extend the deferral provisions for
entitlement cities like Lodi. In the event the Federal legislation is not
enacted, language is included in the Cooperation Agreement which will allow
Lodi to retain its independent entitlement status. In 1984, the deferment
of Lodi's entitlement status was a prerequisite in the formation of an urban
county. In this forthcoming qualification period, the County does not need
Lodi's deferment to qualify as an urban county. Nevertheless, Lodi will
continue to experience fiscal and administrative advantages with its
continued participation.
116U TtN
n:-^CE F
qn NlNISTRATOR
CZ
\ F a`r
GRANTS MANAGEMENT �/ O R
COUNTY OF SAN JOAQUIN
COURTHOUSE. ROOF 4578
222 EAST WEBER AVENUE
STOCKTON. CAUFORNSA 95202-2778
-AREA 209' 9A1 -32,s
September 29, 1987
Mr. Thomas Peterson
Lodi City Manager
City Hall, 221 W. Pine Street
Lodi, CA 95240
Dear Mr. Peterson:
CDBG PROGRAM
URBAN COUNTY AGREEMENTS
0 P
til
The County has been notified by the Department of Housing and
Urban Developm.,nt (HUD) , to begin the urban county qualification
process. Urban county qualification would entitle the County and
the cities of Lodi, Manteca, Tracy, Ripon, and Escalon to
continue to receive an estimated $2.25 million in Community
Development Block Grant (CDBG) funds during each of the next
three years. Exact funding levels depend, in part, or,
legislation currently pending in Congress.
DEFERMENT
During the last qualification period, the City of Lodi deferred
its independent entitlement status and participated in the
formation of an urban county. This was a prerequisite to the
qualification of the County and the other cities. Federal
legislation is pending which may extend the provision that cities
like Lodi may defer their status.
A draft City County resolution and letter of deferment to the
Secretary of HUD is enclosed. The letter, as well as the
proposed Cooperation Agreement, specifies that Lodi retains its
independent entitlement status if the appropriate Federal
legislation is not enacted.
The County and the other participating cities may qualify as an
urban county without Lodi's deferment. HUD's notice to that
effect is based on the preliminary release of Bureau of the
Census estimates. Those estimates may be confirmed within the
next week.
If the legislation is enacted, Lodi would still have the option
of participating in the urban County. Discussions with staff
i:I.:BG ;'�:,;gr3.rn vapt�:.,mb r 21-1, _98
?a ;i "runty Aaret�;Tt�;r': _ gay^E 2
have identified fiscal and administrative advantages resulting
from Lodi's participation.
COOPERA!.rION AGREEMENT
As during the last qualification period, each participating city
must exercise its option to include its population in the urban
county.
Each city which chooses to participate must execute a Cooperation
Agreement with the County which subsequently must be approved by
HUD. All Cooperation Agreements must be submitted to HUD by
November 9th. This deadline requires that each City Council
endorse cooperation agreements during the week of October 19th.
A draft of the proposed Cooperation Agreement is enclosed_
County Counsel finds it to conform to standards prescribed by
HUD. Also enclosed is a suggested Resolution of your City
Council authorizing and directing you to execute the Agreement.
The Cooperation Agreement is essentially the same as that
executed three years ago. HUD has directed that certain
statements be added to all cooperation agreements. Those
additions are underlined in the draft and concern the following:
Effectiveness depends on enactment of Federal legislation.
Statutory requirements regarding program income.
Acquisition and disposition of real property.
Certification of compliance with equal opportunity
requirements .
ALLOCATION_ AGREEMENT
During the last qualification period, each participating city
executed Allocation Agreements with the County. Those Agreements
establi-'led the mechanisms for allocation of. CDHG funds within
the urban county.
A draft of the p oposed Allocation Agreement is enclosed. Also
enclosed is a suggested resolution of your City Council
authorizing the execution of the Agreement.
The proposed Allocation Agreement is virtually the same as that
executed three years ago. The only proposed revision is an
increase in the administrative set-aside, from five percent to
six percent.
The original set-aside of five percent was established in
relation to an initial grant of $2.6 million. This produced
approximately $130,000. Federal. budget reductions have resulted
l
31-oan Co-inty AQreemeP.t
SeptF: niber 24 , 1987
pU cf:,
in annual grants of approximately $2.25 million. The proposed
set-aside of six percent will produce $135,000 for
administration. The majority of the increase will be borne by
t.ne County based on the mechanics of past allocations.
Maintenance of adequate County administrative support is critical
as the number of active projects has nearly tripled. In
addition, specific areas of County responsibility, such as fair
housing and labor standards, have required greater staff
involvement than anticipated_
SCHEDULE
We have arranged to discuss the urban county qualification
process with the Technical Advisory Committee (TAC) during this
week.
The TAC is made up of city and County staff representatives. The
materials will also be referred to the Policy Advisory Committee
(PAC) for review and comment. The PAC is made up of City Council
representatives and is chaired by Supervisor Wilhoit. Following
this review process, we will coordinate the placement of material
on your City Council agenda with your staff.
Subsequent to the submittal of qualification documents, we
anticipate that HUD will confirm our urban county status by
Tanuary 1988. Entitlement allocation amounts may be announced as
early as February 1988. The CDBG "Program Year" would begin on
July 1, 1988. At that time actual project costs could be
incurred.
DOCUMENTS
Following endorsement by your City Council, we would request that
all executed documents be submitted to this office by October
23rd. This will allow for presentation to the Board of
Supervisors and transmittal to HUD prior to November 9th. The
County will have staff available to pick-up the required
documents to meet this very restrictive schedule. The following
materials are required:
Three (3) originals of the Cooperation Agreement executed
by the City ?tanager.
one (1) certified Resolution of the City Council
authorizing the City Manager to execute the Cooperation
Agreement.
Two (2) originals of the Allocation Agreement executed by
the Mayor.
CABG Program
11 i Gdr, Countv A rep—:l?n t
JeL7�F:'::t i}er 29 198-7
Pag-• �
One (1) certified Resolution of the City Council
authorizing the Mayor to execute the Allocation Agreement.
One (1) certified Resolution of she City Council deferring
metropolitan city status accompanied by a letter of
transmittal from the City manager to the Secretary of HUD.
Please contact Richard Laiblin, of my staff, should you have any
questions. Staff is available to meet with you and your City
Council at your convenience.
Very truly yours,
DAVID D. ROWLANDS, JR.
County Administrator
DDR:RJL:mx
Attachments
c: Board of Supervisors
Policy Advisory Committee
Technical Advisory Committee
John Cheadle, County Counsel
(G CDBG3 )
Mr. Samuel R. Pierce Jr., Secretary
U.S. Department of Housing & Urban Development
451 Washington B.C. 20410
Dear Secretary Pierce:
The City of Lodi hereby defers its classification as a
metropolitan city under Title I of the ;lousing and Community
Development Act of 1974, as amended.
Such deferment is evidenced by the resolution of the City Council
of the City of Lodi transmitted herein, and is provided for by
the Housing and Community Development Act.
In conjunction with such deferment, the City of Lodi has executed
an Urban County Cooperation Agreement with the County of San
Joaquin for Federal Fiscal Years 1988, 1989, and 1990.
Very truly yours,
City Manager
City of Lodi
mk
BE? ORv T'c: r_ JUh;�! L v`Hc �'Ii Y Or f, 51
i
RESOLUTION NO.
RESOLUTION DEFERRING THE STATUS
OF THE CITY OF LODI AS A METROPOLITAN ° r�
CITY UNDER THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the Housing and Community Development of 1974 as amended
provides that the City of Lodi may elect to have its population
incluJ ed in a qualifying "unbar, county" for purposes of entitlement
funding; and
WHEREAS, such election: requires that the City of Lodi defer its
classification; as a "metropolitan city", and as sucn its standing as
an independently entitled community, under the Community Development
Block Grant Program; and
WHEREAS, it is agreed that the City of Lodi shall defer its
classification as a "metropolitan city" only if a statutory provision
authorizing deferral of "metropolitan city" status becomes enacted
prior to the formal allocation of fiscal year 1988 CDBG funds, and
WHEREAS, by having its population included in an "urban county",
the City of Lodi will receive entitlement funding jointly with the
County of San Joaquin and other included cities;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Lodi, as follows:
1. The City of Lodi hereby defers its classification as a
"metropolitan city" under Title I of the Housing and Community
Development Act of 1974, as amended.
2. Such deferment is subject to the qualification of an "urban
in
county„ to be evidenced by the execution of cooperation
agreements between the County of San Joaquin and it
participating cities, which contain the requisite population,
and the acceptance of those agreements by the Department_ of
Housing and Urban Development.
3. Such deferment is coterminous with the qualification period of
the cooperation agreement between the City of Lodi and the
County of San Joaquin, that is, Federal fiscal years 1988,
1989, and 1990.
4. The City Manager is authorized and directed to submit this
resolution as written notification to the Secretary of Housing
and Urban Development of the deferment of "metropolitan city"
status by the City of Lodi.
PASSED AND ADOPTED the
following vote, to merit:
AYES:
NOES:
ABSENT:
ATTEST:
ALICE M 7. REIMCHE, City Clerk
City of Lodi
day of November 1987, by the
Mayor
City of Lodi
"URBAN COUNTY"
CUORLkATION AGREEMENT
THIS AGREEMENT is entered into this___._._day of , 1- i997,
by and between the City of Lodi hereinafter referred
to as "CITY" and the County of San Joaquin, hereinafter referred to
as "COUNTY".
WITNESS:
WHEREAS, ,ci,ry,, is a duly constituted corporation under the laws
of the State of California, and is empowered thereby to undertake es-
sential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing;
WHEREAS, "COUNTY" is a duly constituted subdivision of the State
of California, and is also empowered by State law to undertake essen-
tial community development and housing assistance activities, specif-
ically urban renewal and publicly assisted housing;
WHEREAS, Government Code Sections 6500, et seq., authorize two or
more public agencies to jointly exercise any power common to both;
and,
WHEREAS, it is mutually desired by the parties hereto to enter
into a Cooperation Agreement, in accord with the Housing and Commun-
ity Development Act of 1974, as amended, and applicable Federal rules
and regulations adopted pursuant thereto, whereby the parties shall
jointly undertake community development and housing assistance act-
ivities. Such activities are to be financed in whole or in part by
Community Development Block Grant (CDBG) funds.
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:
- i -
. T`I� (iartlPG
-_to a-iree t0 Bio drat'_' 11111E rtak;4' '0_ -
assist In. end rta na, �-oRL•Funi C" renewal and I.o4:e-r ni (_me
housing assistance activities, specifically urban renewal
and publicly assisted housing, pursuant to the Housing and
Community Cevelopment Act of 1974, as amended.
2. The parties_gree that this Agreement shall become ef_f�ctive
only if a_statutory Drovision author izi!lg_deferrai-of
Metropolitan City status becomes enacted prior to the formal
allocation of FY 1988 CDBG Funds.
3. The parties ac
3ree that:
A,, Fro ra,:, Income
1_ Participating _unit shall inform the County_of_any
program _income generated by the _expenditure of CDBG
Funds bv the_participatinqunit;
2. Program income earned by earticipatino unit shall be
paid- to the County_or_m be_retained-by_t"e
partic*ipa_ing_unit_subject_to requirements set forth
in this _Agreement;
a. Prooram_income earned_by_the_participatin�c _unit,
and_authorized to be retained by_therpartic_pating
unit may be_used _only _for eligible activities in
accordance with all CDBG requirements as may then
appl Y-;
b. Participatinq_unit_shall permit the County to_moni-
tor _the use of program -income by participat inq
units, and shall maintain adequate _records as may
be deemed -appropriate_%:y-the County_for reporting
- 2 -
c_ Participating
_unit_shall _upon close-out or chane
in status_ return_ all_program_income on-hand—and
received subsequent to_close-out _or_change in_sta-
tus _to_the County _of _San Joaquin.
B) Real Property_Acg uisition_and_Disposition
1. Participating unit shall_notify_the_County-of-any
modification_ or change in_the use of_real _property
from that planned at the time o€_acquisition or_im-
rovement iP.cludina disoositior,;
2_ Participating_ unit_ shall reimburse the Count v in an
amount__equal to the current fair market value of_pro_
perty acquired or improved with CDBG_funds that is
sold or transferred for _a use which does not qualify
- under the CDBG regulations; and
3_ Participating unit_ agrees_ that any_program_income
generated_ bz_the_disposition_or transfer of property
prior—to—the closeout or --change in status _shall _be
subject_to_the_erovisions of Section _3_of this
A regiment.
�. 4. As the primary general-purpose local government unit under
the Housing and Community Development Act of 1974, as
amended, it shall be the responsibility of "COUNTY" to apply
for grants, to administer all funds received, and to under-
take or assist in undertaking essential community develop-
ment and housing assistance activities.
- 3 -
Y T
A) "CO UN`CY slla. mair;taIn rscoros in acccrdan e W_th aE:,_
:able statutes ani: _egu'_at_.o,:s ann W.t.=i <appriiv-1,
accounting procedures, and said records shah be
available for public inspection at all times.
B) "COUNTY" and "CITY" shall take all required actions
necessary to comply with:
1__ Section 104(b) of_Title _I of_the _Housing and Community
Development Act of 1974, as amended, including Title
VI of the Civil Rights Act of 1964,_' Title_ VIII of the
Civil Rights Act of 1968, Section 109 of Title I o[
the Housinq and Comimunitlyr Development Act of 1974, and
other_applica ble laws, and
2. Provisions of the National Environmental Policy Act of
1969.
-3-. 5. The terms of this Agreement shall apply to activities which
will be funded from annual CDBG allocations from Federal
Fiscal Years=3Fs, 1-�8b,-a�a� 'z��T. 1988, 1989, and 1990.
A) Any notice of intent to terminate or withdraw from this
Agreement by either of the parties hereto shall have no
effect until September 30, 198? 1990, the end of the
three year urban county qualification period and such
additional time as maybe required for the expenditure of
funds granted to the County for such period.
B) The terms of this Agreement shall apply to activities
authorized from the sub;ect Fiscal Year allocations but
which may be implemented, in whole or in part, subsequent
to September 30, 1987 1990.
- 4 -
3 h
IN WITNESS WHEREOF, the parties have executed the move ins -4u-!
ment on the day and year first above written.
"COUNTY"
By: --
DAVID D. ROWLANDS, JR.
County Administrator
ATTEST: JORETTA J. HAYDE
Clerk of the Board of Super-
visors o` the County of -an
Joaquin, State of California
'--Deputy Clerk------ --
APPROVED AS TO FORM:
---- JOHN F. CHEADLE__--
COUNTY COUNSEL
By'---- -
SANDRA MICHAEL AFFONSO
Deputy County Counsel
"CITY"
By.
----- ----- - City Manager
City of Lodi_ __ ---
ATTEST:
City Clcrk
City of _ --- --_Lodi_- _--`-
By'-------- ------------ ------
� � e
Before the Council of the City of
Resolution No.
Resolution Authorizing. Execution of Urban County
Cooperation Agreement
Where as, it is mutually desired by the City of
and the County of San Joaquin that they enter into a Cooperation
Agreement in accordance with the Housing and Community Development and
Community Development Act of 1974, as amended, in order to jointly
undertake Community Development and Housing Assistance Activities.
Now, therefore, be it resolved that the Council or the City of
Approves and Authorizes and Directs the City Manager to
execute the Urban County Cooperation Agreement with the County of San
Joaquin for Federal Fiscal Years 1988, 1989, and 1990.
Passed and Adopted this day of October, 1987, by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers-
ABSENT:
,Mayor
ATTEST: City of
CITY OF
n nnf- T
"URBAN CCT i �` '
r'i_' L CCA`I'ION AGREEMENT
THIS AGREEMENT is entered into this ____ day of __ 198 1987,
by and between the City or hereinafter referred to
as "City" and the County of San Joaquin, hereinafter referred to as
"County".
WI'T'NESS:
WHEREAS, the Housing and Community Development Teenaieal
i mendieeAts Act of 1-984 1.0.74 as amended, may provide that the City of
Lodi may defer its independent entitlement status under the na-ro= :g
and Community 8ev1epme n t , its- t -s and
WHEREAS, such deferment by the City of. Lodi will provide for
joint entitlement 'funding for the parties hereto as well as ether
cities within San Joagsin County participating in an "urban county";
and
WHEREAS, it is mutually desired by tfte parties hereto that the
City of Lodi not realize any decrease in funding due to exercising
such determent; and
WHEREAS, it is mutually desired by the parties hereto that
,`.unding received by the "urban county" be shared equitably; and
WHEREAS, it shall be the responsibility of "County" to apply for
grants available to the "urban county" under Tit?_e I of the Housing
and Community Development Act of 1974, as amended.
NOW, 'THEREFORE, BE II' RESOLVED that the parties hereto do agree
as follows:
1. The City of Lodi shall receive, from each annual "urban
county" grant allocation. an amount which is no less that
- 1 -
C}.JvuI J have received had 4 ma 2r:a
Y
°metroPoIitan c2`_v" status .
2. she computation of such amount is available Er -)m and shall
be verified with the Economic Market Analysis Division of
t,!-- Department of dousing and Urban Development (HUD) .
3. The allocation to each participating "urban county" juris-
diction shall be an amount that bears the same ratio to the
net urban county allocation as the average of the statisti-
cal. ratios between each jurisdiction and all participating
jurisdictions in rela~ion to: Population; Extent of
Poverty; Extent of Housing Overcrowding; and Age of Housing.
in determining the average of ratios, the ratios involving
Extent of Poverty and Age of Housing shall be counted twice,
and each of the other ratios shall be counted once.
Definitions shall be those contained in the ;lousing and
Community Development Act of 1974, a- .amended.
4. Allocation by such ratios notwithstanding and contingen*_
upon receipt of adequate funds from HUD, each participating
jurisdiction shall receive a minimum annual allocation of
$75,000, with any funding differential to be provided from
the allocation to "County".
5. Prior to the allocation by ratios, an amount for general
administrative expenses of "County", such amount not to
exceed €4-te six percent of the funds allocated to the "urban
county", shall be set aside.
G. Activities proposed by "City" insofar as they are consistent
with applicable statutes and regulations, shall be processed
rC .nc usicn y nCounty rs in the . =nab State-niece
Cam,nunity Development Objectives.
IN WITNESS WHEREOF, the parties have executed the a'Dove instru-
ment on the day and year first above written.
"COUNTY" "CITY"
By; - ---- By: ------- --- ------ -----
GEORGE L. BARBER, Chairman
Board of Supervisors _ _ , _ _, Mayor
City of
ATTEST: JORETTA i. HAYDE
Clerk of the Board of Super-
visors of the County of San
Joaquin, State of California
By'--------------------- --(SEAL)
Deputy Clerk
APPROVED A5 TO FORM:
County Counsel
By:
SANDRA MICHAEL AFFONSO-
Deputy County Counsel
ATTEST:
City Clerk ---------------------
City of - ----------------
By: ------------------- -
BEFORE THE COUNCIL OF THE CITY OF
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF URBAN COUNTY
ALLOCATION AGREEMENT
WHEREAS, it is mutually desired by the City of
and the County of San Joaquin that they enter into an agreement
regarding the distribution of funds potentially available to an urban
county within San Joaquin County under the Housing and Community
Development Act of 1974, as amended.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
approves and authorizes the Mayor to execute
the Urban County Allocation Agreement with the County of San Joaquin.
PASSED AND ADOPTED this _—_—,--_--- day of November, 1984, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
,City Clerk
City of
City of
, Mayor
tie to the deregulation, of the trucking industry in 1880, there are r. w over '4
rriiiiivn
More rc; vi fir.: c::s on the nativnC h:nh��P41rC than 6V VR�rC an More. than
one out of every five fatal accidents involves a large truck and a private passenger
ar tCITIobile. All drivers need to be made :amore aware that those big rigs barrelinc
0.Ovin the highways behind you a_re potential killers.
Of the 4,500 people who die each year is, crashes involving big trucks, most victims
are akitomobiie occupants. According to the Insurance Institute for Highway Safety
(IIHS), in fatal accidents between cars and big trucks, the car occupant is 35 times
more likely than the trucker to be killed.
People in smaller cars are at the greatest risk. On the average, an occupant of a
sub -compact is 52 times more likely than a truck occupant to die in a fatal car -truck
crash. This statistic is particularly alarming since the trend in car purchases is
toward smaller, more fuel-efficient models. By contrast, some rigs weigh 80,000
Pounds or more when fully loaded and take greater distances to stop, pass, turn and
accelerate. When cars and trucks collide, it's almost always the people in the cars
who suffer most.
Running into a truck is like running into a bridge abutment as there is no crushable
structure to absorb the crash energy. There are additional problems as well. When a
car hits the rear -end of the truck, the result can be particularly deadly. It's called
underride whereby the car slides into and under the rear of the truck's trailer.
Underride occurs in more than 80'/0 of the cases where cars strike the rears of
tractor -trailers.
A particularly dangerous procedure used by some truck drivers is the disconnect-
ing of the front brakes on three -axle trailers. It is their misguided belief that it will
help avoid jackknifing in quick stops. Safety experts debunk this myth, saying there
is no real evidence to justify the practice and, instead of avoiding serious accidents,
the lack of front Drakes could actually precipitate a crash.
All too often, trucks have less than half the stopping capacity of cars, according to
safety experts. The braking disparity alone means that when the driver of a car
brakes in an emergency, he or she stands a frightening chance that the big rig
behind won't be able to stop and may instead smash into or run over the car and the
people inside it.
There are some things you can do to lessen the chance of colliding with or being
rear-ended by big trucks.
1. When following, maintain proper distance between your vehicle and the truck
ahead.
2. When being followed, try to keep well ahead of the "big truck." If the truck keeps
closing the gap, allow it to pass at the first safe opportunity.
3. Flashing your taillights or a light tap on your brake pedal, while maintaining
speed, to light your stop tights may cause the vehicle following you to back off.
4. When descending steep hilts, be alert for big trucks following you. Most states
require big rigs to stay in the right-hand lane. When there are two or more lanes
for your direction of travel, stay out of the right-hand lane, if possible.
We recognize that a majority of truck drivers and the associations they represent
strive to assure that vehicle safety and maintenance receive utmost attention.
However, since the Federal trucking deregulation and its resulting substantial
increase in large trucks on the roads, the dangers are even more apparent.
It's not Unigard's intention to unduly alarm you while driving on the nation's
highways, but rather to make you an even more defensive driver and more alert to
the potential dangers you may encounter along the way.
SISP010H /lV 01 wie/v S/eols
sjuep!ojb )jonal 4ig ur aseoijul
Presented In the Public's Interest by:
(1.1�Wnigard Security Insurance Company
Cofporate Headquarters: Seattle, Washington
A ,Lfember of The John Ffanc(xk Companies