HomeMy WebLinkAboutResolutions - No. 91-159RESOLUTION NO. 91-159
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING CONSORTIUM AGREEMENT WITH SAN JOAQUIN COUNTY FOR
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
WHEREAS, under the Housing and Community Development Act of 1974,
San Joaquin County as an urban County is potentially eligible to
receive Home Investment Partnerships Program (HOME) funds equal to or
greater than $750,000, for purposes of receiving HOME funds under the
National Affordable Housing Act and promoting affordable housing;
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby
approves the execution of a Cooperation Agreement with San Joaquin
County, as necessary, to become eligible to receive funds under Housing
and Urban Development's HOME Program, to be in force through the end of
Federal Fiscal Year 1993.
Dated: August 21, 1991
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I hereby certify that Resolution No. 91-159 was passed and
adopted by the Lodi City Council in a regular meeting held August 21,
1991 by the following vote:
Ayes: Council Members - Pennino, Pinkerton, Sieglock, Snider
and Hinchman (Mayor)
Noes: Council Members - None
Absent: Council Members - None
J nifer M Perrin
Deputy City Clerk
for Alice M. Reimche
City Clerk
91-159
RES91159/TXTA.02J
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this day of
, 1991, between the COUNTY OF SAN JOAQUIN, a
political subdivision of the State of California, hereinafter
referred to as "COUNTY", and the CITIES of Escalon, Lathrop,
Manteca, Ripon, Tracy, duly Incorporated Cities within the County
and the City of Lodi and Entitlement City, hereinafter referred
to as "CITY" when referring to a single city named above or
"CITIES" when referring to more than one of the cities named
above.
W I T N E S S E T H•
WHEREAS, the National Affordable Housing Act of 1990. Public
Law 101-625, enacted November 28, 1990, provides for the
distribution of federal funds through the HOME Investment
Partnerships Act to eligible public entities; and
WHEREAS, those public entitles which are eligible to receive
said funds are metropolitan cities, urban counties or consortia
whose formula allocation for distribution of HOME funds is equal
to or greater than $750,000;
WHEREAS, the COUNTY, having heretofore qualified as an urban
county under the Housing and Community Development Act of 1974
and thus is eligible under the formula allocation to receive HOME
funds, solicits the cooperation and co -participation of public
entitles'such as the CITIES in a Consortium for purposes of
receiving HOME funds under the National Affordable Housing Act
and promoting affordable housing; and
WHEREAS, the individual CITIES, not being eligible for a
formula allocation equal to or greater than $750,000, desire to
cooperate and co -participate with County in a Consortium for
purposes of receiving HOME funds and promoting affordable
housing; and
WHEREAS, a Cooperation Agreement by and between CITIES and
COUNTY establishes the formal relationship to cooperate and co -
participate as a Consortium and is specifically authorized under
the provisions of Government Code Section 6502 and 26227; and
WHEREAS, Federal regulations 24 CFR Part 92 governing the
Home Investment in Affordable Housing Program state that the
cooperation agreement must be completed and submitted by August
1, 1991; and
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WHEREAS, CITIES now desire to enter into the instant
Cooperation Agreement with the COUNTY so that they may qualify,
under applicable provisions of the National Affordable Housing
Act and HUD regulations, as co -participants with County in
eligible activities under the Act:
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, the
parties hereto agree as follows:
1. Purpose: This agreement is for the purpose of enabling
the COUNTY and the CITIES to cooperate in undertaking, or
assisting in undertaking, public-private partnerships to provide
more affordable housing within San Joaquin County through the use
of HOME funds to carry out multiyear housing strategies through
acquisition, rehabilitation, new construction of housing, tenant -
based rental assistance and financing of rental housing and
first-time homeowners programs, primarily to benefit low and'very
low income households.
2. Term: The term of this agreement shall be for the
remainder of Federal fiscal year 1991 and for full Federal fiscal
years of 1992 and 1993, unless HUD earlier revokes the
Consortium's designation as a participating jurisdiction. CITIES
agree not to withdraw from the Consortium prior to the expiration
of Federal fiscal year 1993.
3. Consortium Representative: The COUNTY is authorized to
act in a representative capacity for all Consortium member units
of general local government for the purposes of the HOME program.
4. (a) Consortium Representative's Responsibility:
COUNTY, as designated representative of the Consortium, has the
ultimate and overall responsibility, under the Act, and in the
view of HUD, for ensuring that the Consortium's HOME program is
carried out in compliance with the requirements of 24 CFR Part
92, including the submission of a Program Description for the Use
of HOME funds which has been mutually agreed upon by CITIES and
COUNTY, and for providing all assurances or certifications
required under 24 CFR Part 92. The Program Description sets
forth the Consortium's estimated use of HOME funds (consistent
with needs identified in its approved consolidated housing
strategy) within each of the eligible activity categories.
Therefore, COUNTY requires CITIES, and CITIES agree to strict
adherence to the Program Description as approved, and to all
assurances and certifications provided, including agreeing to
take all actions necessary to assure compliance with the County's
certifications under the Fair Housing Act; Executive Order 11063
(Equal Opportunity in Housing) and Title VI of the Civil Rights.
Act of 1964; and the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970. COUNTY shall not
provide HOME funds for activities in, or in support of, any
i cooperating CITIES that do not affirmatively further fair housing
within their own jurisdictions. Nor shall COUNTY provide HOME
funds for activities that impede the COUNTY'S actions to comply
with its fair housing certification. In addition, the COUNTY and
CITIES are responsible for taking all required actions to comply
with the provisions of the National Environmental Policy Act of
1969.
(b) City Subject to Same Requirements as Subrecipients:
Pursuant to 24 CFR 92.504(a), each CITY is subject to the same
requirements applicable to subrecipients, including the
requirement of a written agreement set forth in 24 CFR 92.504(b).
COUNTY, as Consortium representative, has the responsibility for
ensuring that HOME funds are used in accordance with all program
requirements, for determining the adequacy of performance under
agreements and procurement contracts, and for taking appropriate
action when performance problems arise. Therefore, before
disbursing any HOME funds to CITIES or projects in the CITIES,
COUNTY will require CITIES, and CITIES agree to enter into a
written agreement for each individual project.
5. Affirmative Action: Under COUNTY'S ultimate
supervision and responsibility as Consortium representative, Each
CITY covenants and agrees that it will abide by and enforce all
C applicable affirmative action requirements including, but not
limited to Executive Order 11246, the Equal Employment
Opportunities Act, the San Joaquin County Affirmative Action Plan
and local affirmative action plans.
6. County's Responsibility to Cities: In addition to the
foregoing obligations, COUNTY agrees:
a. As Consortium representative, COUNTY shall, in
preparing future plans under the National Affordable Housing Act,
solicit to the extent allowed by the Act and all HUD regulations,
CITIES' participation in the development of such future plans
which refer to CITIES' activities under the Act.
b. As Consortium representative, COUNTY agrees to
distribute funding it receives from the Consortium's current plan
application and in future plans, in accordance with the terms and
provisions therein contained, or in accordance with such terms
and conditions as required by the Act of HUD.
7. Cities Responsibilities to County: In addition to the
foregoing obligations:
a. Each CITY agrees to expend any funds received by virtue
of any of the Consortium's plans only in accordance with the
/ terms and conditions stated therein, or as amended by HUD.
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b. Each CITY agrees to cooperate with COUNTY as Consortium
representative in the development of future plan applications for
HOME funds under the Act, with regard to affordable housing
development activities to be continued or undertaken by each CITY
within its boundaries.
8. Local HOME Investment Trust Fund:
a. As Consortium representative, COUNTY must establish a
local HOME Investment Trust Fund account.
b. Any repayments of HOME funds and matching contributions
and any payment of interest or other return on the investment of
HOME funds and matching contributions must be placed in the local
HOME Investment Trust Fund account.
C. COUNTY has the responsibility for monitoring and
reporting to HUD on the use of any such local HOME Investment
Fund monies and COUNTY shall require appropriate recordkeeping
and reporting by each CITY as may be needed for this purpose; and
d. In the event of close-out or change in status of any
CITY or CITIES, any HOME program income that is on hand or
received subsequent to the close-out or change in status shall be
paid into the local HOME Investment Trust Fund administered by
C the COUNTY as Consortium representative. A CITY may elect to
have its matching contribution, as available, returned to the
jCITY or remain in the local HOME Investment Trust Fund for use
for other eligible projects.
9. Headings: The headings in this document are merely for
the convenience of the parties, and do not form a material part
of this document. Headings shall not be considered in the
construction of this document.
10. Minor Amendments to the Agreement: Should it become
necessary to change the language of this agreement to meet HUD requirements
this Agreement may be amended in writing with the written consent
of both the City Manager of any affected CITY and the Chairman of
the San Joaquin County Board of Supervisors.
All remaining provisions of said agreement shall remain in
full force and effect for the term provided herein.
11. Counterparts to this Agreement shall be treated the
same as the original Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
"COUNTY" - "CITIES"
By:
GEORGE L. BARBER, Chairman
Board of Supervisors
County of San Joaquin
APPROVED AS TO FORM:
JOHN F. CHEADLE, County -,Counsel
By: �i✓a�-��Z
ATTEST: JORETTA J. HAYDE
Clerk of the Board of
Supervisors of the County of
San Joaquin, State of California
Bv:
Bv:
Deputy Clerk
"CITIES"
Mayor
City of Lodi
ATTEST:
City Clerk
City of Lodi
Bv:
Mayor
City of Escalon
ATTEST:
City Clerk
City of Escalon
By:
Mayor
City of Lathrop
ATTEST:
City Clerk
City of Lathrop
Bv:
Mayor
City of Ripon
ATTEST:
City Clerk
City of Ripon
BY:
•Mayor
City of Tracy
ATTEST:
BY:
Mayor
City of Manteca City Clerk
City of Tracy
ATTEST:
City Clerk
City of Manteca
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I.
HOME INVESTMENT PARTNERSHIPS ACT (HOME)
PROGRAM DESIGNIPURPOSE
• HOME is intended to be a locally designed and administered program which:
expands the supply of decent, safe, affordable and sanitary housing,
and may be provided in the form of:
• Loans or grants
• Equity
• Interest subsidies
• Other methods determined by HUD
with primary attention to low Income rental housing
- strengthens the abilities of state/local governments to design and Implement
affordable housing strategies
- Provides both federal financial and technical assistance (including the development
of model programs and approaches)
•
Federal restrictions on use of funds and program requirements vary by the activity being
funded. In general, the legislation places requirements on:
- Eligible uses of funds - Per unit assistance limits
- Program Benefit requirements - Matching fund requirements
•
The program is intended provide local jurisdictions with a source of funds which can be used
to implement locally designed housing programs which best fit local needs. (It in essence
replaces a variety of specialized federal housing rehabilitation programs including Rental
Rehabilitation, Section 31Z Urban Homesteading, and Section 8 New Construction,
Substantial Rehabilitation and Moderate Rehabilitation Programs, except for Moderate
Rehabilitation SROs).
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ELIGIBLE ACTIVITIES
Funds may be used for:
•
Rehabilitation (< $25,000/DU)
•
Substantial Rehabilitation ($25,000/DU or more)
•
New Construction
•
Acquisition
•
Site Improvements
•
Conversion/Demolition
•
Financing Costs/Relocation
•
Tenant -based rental subsidies
and may be provided in the form of:
• Loans or grants
• Equity
• Interest subsidies
• Other methods determined by HUD