HomeMy WebLinkAboutRESO 5190• •
RESOLUTION NO. 5190
• ORIGINAL
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A 1976-77 COMMUNITY DEVELOPMENT PLAN AND
PROGRAM, APPROVING A 1976-77 HOUSING ASSISTANCE PLAN,
APPROVING"THE"USE-oF-!976..;-TrCO?-mUNITY "DEVELOPMENT
FUNDS, AND AUTHORIZING THE EXECUTION OF AN ADMINIS-
TRATION AGREEMENT WITH THE COUNTY OF SANTA CLARA
WHEREAS, the Finance and Public Works Committee has re-
viewed the proposed 1976-77 Community Development Plan and
Program and the proposed 1976-77 Housing Assistance Plan,
attached hereto, marked Exhibit "A" and Exhibit "B" respectively,
and by reference incorporated herein as though fully set forth;
and
WHEREAS, the Finance and Public Works Committee and the
City Council have held advertised public hearings on said Com-
munity Development Plan and Program and said Housing Assistance
Plan: and
WHEREAS, potential uses of federal Community Development
Block Grant funds have been evaluated in light of the needs of
the community and the comments submitted by interested citizens;
and
WHEREAS, it is the intent of this program to give the highest
priority to activities which will benefit· low/moderate income
persons and aid in. the prevention or elimination. of slums or
blight;
NOW, THEREFORE,. the Council of. the City of Palo Alto does
RESOLVE as follows:
SECTION l. The· council hereby adopts said Community Develop-
ment Plan and· Program, including the use of Community Development
funds for a housing rehabilitation program, the Bol Park bicycle
path extension, the Universi~y Avenue/El Camino Real intersection
project, and unspecified local option activities, and hereby
approves said Housing Assistance Plan, including the Goals con-
tained on pages 4, ·s, and 6 of said Plan.
SECTION 2~-The Council hereby authorizes staff to submit
the appropriate application forms for 1976-77 Comm.unity Develop-
ment funds, with such money to be used as ir1dicated in said
Community Development Plan and Program, and hereby authorizes
the Mayor, the City Mana9er, and other appropriate City officials
to sign the aptlication forms wherever necessary.
SECTION-3~ The· council hereby authorizes the Mayor to sign
the agreement with the County of Santa Clara for administration
by the City of.Palo Alto of Forty-two Thousand Dollars ($42,000)
of 1976-77"COthlhunity Development funds for unincorporated areas
within Palo Alto's sphere of influence. A copy of said agreement
is attached hereto, marked Exhibit "C," and by reference incor-
porated herein as though fully set forth.
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SECTION 4. The Council finds that none of the provisions of
this resolution will have a si9nif icant adverse environmental impact.
INTRODUCED ANO PASSED: January 19, 1976
AYES: Beahrs, Ben..ald, Carey, Clay, Eyerly, Norton, Sher, Witherspoon
NOES: None
ABSTENTIONS: None
ABSENT: Comstock
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APPROVED: £. ~or~
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CITY OF PALO ALTO 1976-77 COMMUNITY DEVELOPMENT PLAM AND PROGRAM
COMMUNITY DEVELOPMENT FUNDING BACKGROUND INFORMATION
THE LEGISLATION
On August 22, 1974, the Housing and Community Development Act of 1974
was signed into law. This new Federal Legislation consoliddted into a
single block grant, the funding previously available for the U.S. Depart-
ment of Housing and Urban Development (HUD) under separate and precisely
defined program categories. The programs consolidated were code enforce-
ment, model cities, redevelopment, water and sewer faci\ities, neighborhood
and public facilities, and open space.
Requirements for a series of Federal Grant applications prepared by
separate city departments, and approved by the City Council, have now
been replaced by the requirement for one Community Development applica-
tion from e~ch city. The single application provides for better coordina-
tion of Community Development activities With the cities' jurisdictions.
Cities are also better able to plan activities in advance. based upon a
firm funding allocatic~ ~ an ereount dete~ed by c ~~tio~a! fo~ln --
to which cities are "entitled.: when they prepare an acceptable api;lication.
THE FUNDING
·The 1974 legislation established a six-year funding schedule. The
amount of funding for an individual city is determined by a formula
which takes into account a city's population, extent of overcrowded
housing, and extent of poverty (counted twice). Thus, the amount of
f wda to which Palo Alto is entitled -moWn. aa the "Entitlement
Amount r: -over the program's six-year period is aa follows:
Estimated
Comlmnity Development
Block Grant Funds Available
to Palo Alto
$1SS,000 ••••••••••••• 197S
343,000 ••••••••••••• 1976
574,000 •••••••••••• -.1977
574,000 ••••••••••••• 1978
574.000 ••••••••••••• 1979
574,000 ••••••••••••• 1980
EXHIBIT A
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THE REGULATIONS
Although this consolidated funding approach allows local gQvernments
more flexibility in meeting their own Community Development needs, it is
not without restrictions and regulations.
The primary objective of the Community Development Progrt:.m is the develop-
ment of viable urban comni.unities by providing decent housing in a suitable
living environment, and expanding economic opportunities, principally
for peTsons of low and u:oderate income. In this regard, Palo Alto1s
Community Development Program must be prepared in such a manner as to
give 1118.Xirnum feasible priority to activities wh~ch will be.n'f it low and
mod~rate income persons or aid in the prevention or elimination of slums
or blight. Within this general framework, specific el~gible activities
are defined by the law, including the following:
Eligible Activities
1. Acquisition of real property which is blighted, appropriate for
rehabilitation or preservation. to be used for public works or for
other public purposes.
2. Acquisition, construction or installation of public works such as
neighborhood facilities, senior centers, historic properties,
utilities, playgrounds, flood facilities, etc.
3. Code enforcement in deteriorating areas.
4. Clearance and removal of buildings.
S. Special projects for architectural barriers restricting mobility of
elderly and handicapped.
6. Payments for relocation.
7. Disposition of real property.
8. Provi4ion of public services not otherwise available from other
Federal sources and when in direct support of one of the above
activities.
9. Payment of the City's slurre of Federal grants.
10. Planning and administration of the program.
The regulations also provide examples of certain activitie. which are
ineligible tor funding, excluding such item& aa:
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Ineligible Activitie.!.
1. · Buildings and facilities for the general conduct of business such
aa cit::y ha.Us.
2.
3.
4.
s.
6.
7.
8.
9.
10.
Court houses.
Stadiums 8.llG sports arenas.
Cultural and art centers •
Convention centers.
Schools.
Airports.
Subways, trolley lines> bua terminals and other transportation
facilities.
Bospitala and other medical fac1~1ti~s open to public gene~ally.
Operation and maiJiten.ance expenses for municipal programs except
those specifi~ally described as eligible.
11. General government expenses.
12. Political activities.
13. New hoU&ing construction.
14. Income. payments.
Furthermore. the law makes it clear that cities should 110t use Block
Grant money for programs formerly.financed through local means.
In addition to these prograa. regulations, cities are obligated to comply
with a aeries of related federal statutory requirements such as labor
•tandarda. equal opportunity and affirmative action, and environmental
review proce.dures.
'l'BE APPLICATION
Ro city will receive it• Community Development Block Grant automatically.
The legislation requires that each city must apply for the funds by sub-
mitting to HUD (1) a three-year CoJlllUQity Development plan describing
ueeda and att:ategyt (2) an annual Community Development progTn, alMS (3)
a Housing Assistance plan.
Baaed upon a eerie• of public hearings held in 1974, Palo Alto developed
ita three-year plan of need• and long-term objectives. Thia plan w ..
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approved by HUD as part of the 1975 application and provides the focus
and direction for this City's Community Development programning efforts
in 1976.
The annual Community Development program identifies the specific project
activities to be undertaken in the course of the following year and the
estimated cost of those activities.
The Housing Assistance Plan identifies housing assistance needs and
goals for the City. Although Community Development funds cannot be used
to finance housiug construction, the Housing Assistance Plan serves to
guide the direction and types of housing assistance received from HUD
under other programs and to relate that assistance to the Community
Development objectives and program activities.
The 1976 Community Development Program
NEEDS AND LONG-TERM OBJECTIVES
In the preparation of the 1975 Community Development Program, substantial
time and attention were devoted to the development of a three-year plan
of needs and long-term objectives.
This plan established the following areas of needs:
1. Preserve and enhance the natural beauty. safety and functional
utility of City.parks and recreation areas, p:covide for effective
planning and development of park facilities including neighborhood
park facilities in residential and retail areas and well located
district park facilities.
Existing Parks and Grounds
Neighborhood and Mini-Park Development
District Park Development
2. Preserve places of significant historical.interest.
Squire House Preservation
3. Increase the supply of good quality housing, located throughout the
comnunity. for people of low and moderate income and preaerve and
enhance the existing supply of housing in Palo Alto. Specific
quantified goals are included in the housing aeeistance plan.
I.and Bank
Webster Street Project
Piggyback
Housing Rehabilitation
lleaolution 14725
Building Code Enforcement
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Pre-Sale Inspection
Palo Alto Housing Corporation
--General Residential Development
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4. Provide safe, economical, and cofllfortable surfaces and ways for
travel by vehicles, bicycles, and pe~estrians includin& the physi-
cally handicapped and assist in maintaining traffic safety and
minimizing traffic congestion.
Street and Highway Faciliti1~s
Pedestriar.. and Bicycle Faci~'.ities
'traffic Control
Transportation Needs of Physically n&ndic~pped I PersonM
5. Insure that sufficient, reliable and low cost water 1 gas and
electric power is available to meet the City'a ~xisting and future
requirements in a Rafe manner.
Water, Gas and POiler ~System Acquisition and Conetruetion
6. Provide a high quality sanitary collection system and treatm&nt and
disposal of residential and industrial waste in an environmentally
•ound manner.
Sanitary Sewage Syatem Acquisition and Co~str~c:io:.
Waatewater. Treataent and Di•poaal
7. Provide facilitiee for the elderly and d11abl•d lftembera of the
community.
Senior Center
TRI !'IR.ST n:AR. Pl.OGRAM
In the 1975 application procaa1, the City decided to ue1 the entire
fir•t year allocation for a Houaina llehabilitation Proar... The proaram
wa1 originally intended to cover tho reaoned portion• of Fir• Zon• l in
the l>owntcwn Area. Becauae of lack of intoreat in th• t>cnmtovn area the
City Council amended th• Ccnamunity Developaent Plan to .. tabli1h the
iepper-Weat Meadow •• ~h• f 1r1t priority rehabilitation aroa and Coll•&•
t11Taco •• th• aecoud priorit~.
i'h• Roucina lehabilitation Proaraa vtll provid• lov int•r .. t loan• to
homeowner• within tho project aroa to •rina hoae1 up to Ho~•inl Code
Standard•• which provid•• llinillwa requ1rem•nt1 for the protection of
life, 11.lftb, health, property and aatety. Very lov tnc011e pertofta aay _
receive no int•r••t loua that are not repayable until their prope_rty 1•
tran1ferred. S~aff •••i•tanco will b• providod fr•• of chars• to help
the own•r plan needed chana•• and ••• that a reputable coatractor porf or11a
the raquir•d work.
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1976 CO}tMIJNlTY DEVELOPME..\'T PROGRAM
After studying the community's needs and holding three pub+ic meetings
to gain citizen input, staff recommends that the 1976 Cot:!Qunity Develop-
ment allocation of $343,000 be apportioned as follows:
$309,000
34.ooo
343,000
Housing Rehabilitation
Unspecified !~cal option activities
Total Palo Alto entitlement
The $309,000 will f1.md a rehabilitation program which should fully
utilize the staff which was approved by Council when the 1975-76 applica-
tion was amended. The $309,000 should allo\I for somewhere between 30
and.40 houses to be rehabilitated. The first priority area will continue
to be Pepper-West Meauow with College Terrace the second priority area.
HliD will allow a community to alloc.ate up to 10% of the available CD
funds for unspecified local option activities. It is proposed that the
use of the $34,000 be determined during the 1976-77 program year. Con-
sideration ~ill be given at that time. to all potential eligible projects.
C<>m.'TY FUNDS
Santa Clara County is preparing an application for Comillunity Development
funds to cover the unincorporated areas of the County. The County has
divided th~ available funds in relation to the unincorporated population
of each sphere of influence and has asked each city to propose Community
Developmen~ projects for. their respectLve sphere of influence. For the
·purposes of the 1976-77 Community Development Funding, Barron Park is
c0nsidered as part of the unincorporated population. Nearly all the
remaining unincorporated area population is found on the Stanford
campus.
Council decided during consideration of the 1975-76 Community Develop-
ment ·Funding that the unincorporated area funds would be divided between
Barron Park and Stanford University on the basis of population. Thia
resulted in one-third of the funds for the Barron Park area and t-wo-
thirds for the Stanford area. Representatives of the Barron Park
Association indicated that the highest priority eligible project vaa the
Bol Park bike path addition aQ.d $7,000 of unincorporated area CD funds
were allocated to this project. These funds will be carried forward by
the County and spent during 1976 and 1977 after decisions are made on
·the specific design of the Bol Park project. Stanford University
indicated that they would use the 1975 -76 funding for student-.oriented
outdcor recreational facilities. In November 1975, it was determined
that CD funds could only be used on a Stanford-related project that
•erved the general public and was owned or controlled by a public
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entity. At that time, Santa Clara County agreed to carry forward the
$14.000 allocated for the Stanford area and a new use for these funds
vould be considered during the preparation of .the 1976-77 application.'
1976-77 unincorporated area CD fund• available to Palo Alto through the
County total $42,000. Maintaining the previous ratio would result in
$14,000 being made available for a Barron Park project and $28,000 for a
Stanford-related project.
It is recommended that the Barron Park area funding of $14,000 be used
for t~e Bol Park bicycle path project.
Stanford lmiversity officials have indicated to staff that they would
like to see the available Community Development funds ($14,000 carried
forward from the 19i5-76 application and $28,000 from the 1976-77 funding)
U$ed to help finance the University Avenue-El Camino Real Intersection
Improvements described on page 103 of Palo Alto's 1975-BO Capital Improve-
ment Program. Stanford officials are aware that the State of California
has withdrawn from this project and the implementation of the improvements
has not been authorized by the City. If Palo Alto proceeds with the
project, $42,000 of unincorporated area CD funds could be used to help
finance the work. If the Intersection .Improvements are not authorized,
Stanford officials would work with the City to find another project(s)
on which to spend the available funds.
I It is recommended that $A2,000 of unincorporated area Coman.mity Develop-
aent Funding be allocated for the Un~versity Avenue:.El Camino Real Inter-
section Improvements-with the understanding that the Finance and Public
Works Committee and the City Council will consider authorization of tliis
·project within the near future.
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CITY OF PALO ALTO 1976-77 HOUSING ASSISTA..~CE PLAN
~acksround
SubtDiss1on of a Housing Assist~nce Pl3n is required as part of the Com-
munity Development Block Grant applicaticn. The Plan must include:
a survey of the condition of the housing stock in the community;
an estimate of the housing assistance needs of lower-ir.co111e house-
holds;
realistic annual and three-year goals for the number of dwelling
units or households to be assisted; and
an indication of the general locations !or new.assisted housing.
The purpose· of the Plan is threefold. First• the federal government wants · .·-·.
to insure that communities become involved in assessing their housing needs
and setting goals for filling these needs. Once set, the needs and goals
serve the second purpose w~ich is to provide the U. s. Department of
Housing and Urban Development with a guide for use in allocating housing
assistance funds to local C~U1111Unities. Finally. the Housing Assistance
Plan will be used by HUD to evaluate individual proposals for federal
housing assistance; HUD will approve only those housing proposals: which
are consistent with the adapted Housing Assistance Plan. HUD will deter-
mine if a proposal is consistent by checking the number, ai~e. type and
location of the proposed units against the number, size, type and ·1oc.:ition
goals set by the community in its Housing Assistance Plan.
EXHIBIT B
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Condition of the Housing Stock
Since Palo Alto adopted its 1975 Housing Assistance Plan, the total number
of housing units has increased by more than 10% to 23,800. The increase
is almost entirely the result of the annexation of Barron Park, which is
not unlike the rest ~f the cot:1Inunity. Including Barron Park, Palo Alto
remains a predominantly single-family collllllunity (2/3 of the units are
single-family houses) in which just over half of the housing is owner-
occupied.
There is a greater demand for housing than can be met in Palo Alto, which
has led to high housing costs and low vacancy rates. The mediar. house
value is $53,000 and the median rent for an apartment is $200. Despite
the high costs, the overall vacancy rate in Palo Alto is under 2%.
.About 4% of Palo Alto 1s housing is estimated to be physically substandard.
Substandard uni~s are predominantly older rental units. There are, how-
ever, a significant number of owner-occupied units which are also in need
of substantial rehabilitation.
Use of last year 1s Community Development Block Grant funds for a housing
rehabilitation progr.im in the" Pepper-West Meadow neighborhood was aimed
_at encouraging rehabilitation in an area where a significant amount of
rehabilitation activity might not otherwise occur. It is expected that
the first ,ear's funds will be used to rehabilitate 15 units having
aajor code violations. It is likely th3t 11\0st. if not all. of the units
vlll be owner-occupied.
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Condition of Federally Assisted Housfing
HUD has required th3t infor111Ution on the condition of low-rent public
housing and HUD-insured subsidized multi-family housing also be included
1n the 1976 Housing Assistance Plan. The 40 privately-owned units now
leased by the County Housing Authority under the Section 23 program and
the· Palo Alto Piggyback Program are required by Council Resolution 4062
to nmcet and comply with all Palo Alto Municipal Code provisions relative
to building arid health standards in existence at the time the initial
lease is executed."
Only one of the five HUD-insured subsidized multi-family housing develop-
ments in Palo Alto is more than five years old, and all are in excellent
condition. The vac4ncy rate in each development is negligible and all
have waiting lists of two years or more. Of the 615 units availaJ>le for
eligible tenants, 80% are reserved for the elderly and/or handicapped.
Housing Assistance Needs
Detailed information from the 1970 Census indicates that in 1970 3600
Palo Alto households {over 15% of the total) fit the fede~al standards
for lower inco~e and were living in inadequate housing conditions, that
is:
occupying units lacking some or all plumbing;
occupying units 1D0re than 30 years old and valued at·less than $10.000;
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with more than 1.25 persons per room; or
paying more than 25% of their income for rent.
Since 1970, 366 units of assisted housing for elderly or handicapped and
131 m1its for general occupancy have been built in Palo Alto. Rental of
pr~v~tely-owned £Xisting unit~ throu~h Section 23 and the Piggyback Program
provides adequate.housing for an additional 40 households, most of whom
are elderly. In addition, it is expected that by June, 1976, 55 lower-·
income Palo Alto households will be assisted through the new Section 8
Program in privately-owned existing units and that development of assisted
housing on the Webster site will be assured. Taking into account these
assisted units provided since 1970, a reasonable estimate of housing
assistance needs in Palo Alto in 1976 is:
930 elderly or handicapped households
2000 individuals and families of four or fever persons
60 large families of five or more persons
This totals almost 3000 Palo Alto households in need of housing assistance.
Annual and 3-Ye~r Housina Assistance Goals
Palo Alto's 1976-77 housing assistance goal for assisted new and existing
units are based on what are seen aa realistic. achievable expectMtions.
Fifty new r~ntal units for the elderly or ~ndicapped and 135 new rental
units !or families are anticipated. In addition, 25 units of existins
rent~! housing for elderly, handicapped families c~n be added to t~ 40
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miits currently being leased by the S.:mta Clara County Housing Authority.
In assessing what was realistic !or new construction» specific sites
were looked at. The 50 new rental units for elderly or handic~pped are
'based on development of the Power property in the California Avenue ar~a.
Because of .its proximity to_shoppins. social services and public tr3ns-
portation, this site is_ viewed as an excellent loca~ion fqr elderly
housing.
The 13~ units of family housing could be used for the mixed-inconie French-
ean's Terrace development proposed for a site.on Stanford University.land.
The assisted UD.its would be about 60% of the total number of units in the
development; the other 40% would be market-rate. The site is located so
as ~o serve Stanford-related people such as University studencs and staff
_and lndustri.al Park and Hospita1 employees. Although the site is pre-
sently outside Palo Alto city l.imits, the si.te would be annexed upon
caapletion of the devel.opment and therefore :ls included here.
In -.ll new assisted fami1y .housing developments, at lease 10% of the
unita should be built to accomaodate large faailles.
Assistance fo-r 2S additioaai units of p~ivately-ovned exiating housing
alaaulci be aade available to eligible lover-he~ Palo Al.tans. Priority
for thi• assiataa.ce •bould be given to eligible tenants of rental unit&
rebab:llitated ia the Pepper-west Heaclov neighborhood under tbe cit7~a
Progra. lit 1• expected that re.ain1og
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assistance will be used to help lower-income tenants in th·~ir present
uuits elsc~here throughout the City.
Over the three-year period. housing assistance will be allocated in
Palo Alto in close proportion to the needs swmn.:lrized above. The propor-
tions are 50% elderly or handicapped, &'l% families. 5% large families.
Because of the low vacancy rate, a mix of new and existing-housing will
be assisted.
Locations for New Assisted Housing
In assessing appropriate locations for.new assisted housing, availability
of sites is the major constraint. Sites obtained by the City under its
Land Bank Program, such as the Power property, should boa considered par-
ticularly appropriat~ for ~ederal housing assistance. Other sites should
be individually evaluated as to their suHability for family and elderly
or handicapped housing on the basis of proximity to services and employ-
menta environmental factors, zoning. land use, low income concentration
and size of possible development.
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AGREEMENT WITH ENTITLEMENT CITIES
FOR FISCAL YEAR 1976 PURSUANT TO TITLE I OF
THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
This agreement by and between the County of Santa Clara and the
City of Palo Al to is made in the light of the following recitals:
A. That the Congress of the United States has enacted the Housing and
Community Development Act of 1974:
B. That Title I of the Act provides for a new program of community
development block grants: . c.. That Title I of the Act makes entitlement grants available to cities
with a population of so. 000 or more persons and to counties that qualify as
urban counties;
n. That County did qualify as an urban county applicant for the Fiscal
Year 1975:
E. That County is endeavoring to qualify as an urban county applicant
to receive entitlement funds under Title I of the Act for the Fiscal Year 1976:
F. That upon receipt of f'unds. County intends to give City its sphere
of influence share of entitlement funds to the extent and in the manner set
forth herein.
NOW. THEREFORE. THE PARTIES HERETO AGREE AS FOLLOWS:
1. 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 ot any conflict between
the definitions in this agreement and those set forth in the "Act and Regula-
tions, the latter shall govern.
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EXHIBIT C ..
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(a) "Act 11 means Title I of the Housing and Community Develop-
ment Act of 1974. P. L. 93-383.
(b) "Applicant" is the County of Santa Clara applying as an urban
county.
(c) 11Regulations 11 means the rules and regulations of the Department
cf Housing and Urban Development: particular reference is_ made
t""' those regulations found in 24 Code of Federal Regulations
Part 570 (Containing the General regulations on Community
Development block grants) and Part 58 (containing the regula-
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tions on the Federal Environmental Review Procedures).
(d) "County" means the County of Santa Clara.
(e) "City" means the City that is a party to this agreement.
(f) "Entitlement City" means a city with a population of 50, 000
or more which can directly apply for or receive entitlement
grants unde:-the Act.
(g) "Metropolitan City" means a city which can directly apply for
and receive entitlement grants under t:1~ Act.
(h) "Urban County" means a county that is (1) in a metropolitan
area; (2)authorizedunder statelawto undertake essential com-
munity development and housing assistance activities within its .
unincorporated areas and (3) has a population of 200,. 000 or more
within its unincorporated areas or within its unincorporated _areas
and units of general local government within the county (cities)
with which it has made cooperation agreements to undertake or
to assist in the undertaking of essential activities.
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(i) "Population" means the total resident population based on data
compiled and published by the United States Bureau of the Census
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tor 1970.
(j) irApplication" means the application !or a grant to be submitted
by the County. as an urban County. for entitlement funds under
Title I of the Act. 1
(k) "HUD" is the Department of Housing and Urban Development.
(1) "HUD Formula" is the method by which HUD will determine the
basic grant amount to be allocated to an urban county: it is a
formula based on such factors as population, extent of poverty
and extent of housing overcrowding.
(m) "Sphere of influence share0 is that portion of the grant alloca-
ted to the unincorporated area of County that is computed by
applying the HUD formula to·the sphere of influence area or a
city as such sphere of influence has been approved and adopted
by the Santa Clara County Local Agency Formation Commission,.
after deducting County's administrative expenses and costs from
·sphere or influence funds.
(n) "Administrative expenses and costs" means the actual costs
incurred by County in the planning and preparation of the· ap-
plication and in the administration of grant funds received under
such application.
2. Purpose of the Agreement
This agreement is being made to establish the respective rights and
obligations of the parties hereto to the sphere of infiuence share of County's
entitlement grant under Title I of the Act.
3. Term of the Agreement
This ~greement shall become effective upon execution by the governing
bodies of County and of City and it shall remain in full force and effect
until June 30., 1977. or until the end or the program year covered by the
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Fiscal Year 19'18 application for fedieral assistance under the Act. which-
ever is later. It la underatt>Od tnat applicaticins for funds shall be made
yearly; accordingly, County •hall yearly elect to qualify as an urban county
applicant and County shall yearly determine whether to expc.: .. :t the sphere 9f
influance share on eligible a~tlviti~• dtttermined by County or whet>er to give
such funds to City to spend on eUgible •~tivities determined by said City
in its sphere of innuence area.
4. Grant Dlsbursementa
County shall give City ita sphere of tnnuence share of entitlement funds
under Title I of the Aet leaa Clty'a proportionate share of administrative
expenses and costs incurred by County ln the planning and preparation of the
application and in the administration of the total grant funds to be received
for the Fiscal Year 1976. City'• sphere of influence share shall be computed
by applying the HUD formula to the sphere of influence area ot City as such
area has been approved and adopted by the Santa Clara County Local Agency
Formation Commission aa of the effective date of this agreement. after having
deducted County's administrative expenses and costs from the total portion
ot the grant amount designated as sphere or infiuence funds.
City agrt.es that such sphere or infiuence share. less City's proportion-
ate ·share of administrative expenses and costs. is the sole and exclusive
obligation or County and that such obligation of County is dependent upon
County's qualification as an urban county applicant and upon the availability .
of federal funds to implement Tille 1 of the Act.
5. Cooperation
The officers and agents of both parties will cooperate in furnishing in-
formation and assistance necessary for the preparation. completion and filing
of County's application with HUD in accordance with the requirements of the
Act and of the Regulations. In acc=ordance with such cooperation, City agrees _,_
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as soon.asfusibl~.4 to aubmit to County, a.>QDcRalaeeKama~•x~. a copy of the application
ror entitlement funds under Title I of the Act that City will file v1ith HUD, l
aa a metropolitan city, showing the activities selected by City for the
expenditure ot sphere or innuence funds; su~h copy of the application shall
be a\lbmitted to Count~ for review anrt incorporation into County's application
aa •n urban county. City agrees that it shall not spend sphere of influence
funds on activitiea other than on eligible activities as defined in the Act and •
ReplatJona. City f\Ji-ther agrees that it shall comply in all other respects
with the Act and Regulations and with the terms of this agreement. Should
City fail to do ao, City's sphere of influence share of money m.'3.y be term-
inated, reduced or otherwise limited in accordance with the Act and Regula-
Uona and in accordance with the terms or this agreement.
1. Authority in Sphere of Influence Area
Sine• at the time ot its execution. the parties to this agree:nent are
unable to <te;ermin·e the specific power or powers. if any,, which City may
sieed to exercise within the unincorporated area of City's sphere· of influence
in order to comply with the requirements of the Act and Regulations and in
order to comply with the terms ot this agreement. the parties shall enter
int~ an addendum to this agreement authorizing City to operate within the
unincorporated area of City's sphere of infiuience to the extent required by
County• s grant appli~ation and by the terms of this agreement,. and only to
auch extent. The addendum agreement shall be made prior to City's ex-
erci•• of jurisdiction or powers within the unincorporated area of City's
sphere or inftuence in connection with projects funded by sphere or innuence
tunda.
'P. Citlsena• Participation
In cornplyina with the requirements ot the Act and of the Regulations,,
Clty ahall certify to County (a) that citizens within the City's sphere <>!
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influence area have been informed and allowed to participate in the planning
process of City's elements of the application to the _same extent and in the
l same manner as citizens residing within the boundaries of City and (b) that
with respect to activities funded in whole or i."1 part by entitlement funds unde.r
the Act. residents of City's sphere of infiucmca area shall be accorded the same
privileges and benefits and shall otherwise to be treated in the same manner
as those residing within the boundaries of City.
8. Certifications
As soon as feasible, ~~gx~~~ City agrees to furnish County with copy
of assurances listed on Form OMB 63-R1471,, a blank copy of which. marked
Appendix A,, is being attached hereto and made a part hereof by reference.
Further. City agrees to furnish County with such other assurances as HUD
may require County to furnish them.
9. Records
City and Co~ty shall maintain appropriate books,, records,, files and
accounts relating t_o the receipt and disbursement of the grant funds, in-
cluding records in accordance with Federal Management Circulars 74-4 and
74-7 as they relate to the application. acceptance, and use or federal funds
for this federally assisted program and any other records imposed by . · >unty' s
contract with HUO. All such books,, records. files and accounts shall be
made available for inspection at reasonable times and places by authorized
representatives of City and County to authorized representatives of City.
County. the Department of Housin1 and Urban Development or any other
person authorized by the Act 01" the Reculation•• The Director or Finance
of County shall receive and have cuatody of all funda until disburaal or such
funds to be inade in a manner deatpted by County. r,ounty •hall, by a date /
no lat ~r than 7 days after receipt of t:-.e ttrat year tund_in1 money. notify
City or the manner of disbur•al of aucb f\mda • ....
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10. Liability and IndemnH'ication
County assumes no responsibility tor any failure to qualify under the
Act as an urban county; further. Cotinty assumes no responsibility for any
failure to include City's profects in the applicatiun as a result ot City's failure
to supply County wHh information necessary to prepare and file County's ,
application, or as a result of City's failure to comply with the Act and
Regulations or with the terms of this agreement.
• City shall indemnify and hold County harmless from any liability. loss
or damage suffered as a result of claims, demands. costs or judgments
against County arising out of the failure of City to confor.m to the require-
ments of the Act,. Regulations or other applicable laws with respect to the
projects funded by the City's sphere of influence share of the grant funds;
or arising out of anything done or omitted to be done by City under or in
connection with the work done on any of City's proje-cts funded by sphere or
infiuence share of the grant funds.
11. Severabillty
Should any part. term. or provision of this agreement be decided by the
Courts to be illegal or in confi.ict with any law of the State or California or
any law of the United States. or should any part. term. or provision or this
agreement be otherwise rendered unenforceable or ineftectual,. the validity
of the remaining portions or provisions shall not be affected thereby.
12· Section Headings
All section headings contained herein are for the convenience of re-
· rerence only and are not intended to define or limit the scope or any provi-
sion of this agreement.
JN WITNESS WHEREOF. parties hereto have executed this agreement
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on the dates set forth below.
MM 1 ?J76 \
A~T: 00~0 M/~INS Cle k. Board o Supefv:/~rs 0 LL4'__ J~~
CITY OF PALO ALTO
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ASSUbNC£S
llHSTRUCTFONS:_: TA. opplit:Ottt _,., tw~.O. auunrnce.1 onrJI01 cen;Fy to oil o~~/~i.fi'i~~r!! ~~
iiiJ:; eJIC'ftption is ,,.,,, No. 10 lor wlticlt ''-opplH:ont ""'st c.,,ily as to eif~ (aL~ ™' ~t~tJt·V [b: illJ
'l'M applicant tleieby ass\Artt ud certifies that he has complied with lhe regulations. pohci.es, cuid~Un«s and
NqUirements ol o:.TB Ci.n:u.lar No. A-95. a:\d that he win cor:1p!y with the regulations. P;dU~"· ~w)le!jr:es and
~nts of Feder~l :'>lanagem"r Circ:\alars 74-4 and 74-7, as they relate to tM apphcat1on, ac:c~t;ince
_. llS4t of Federal iunds {er this (ederltlly-assisted' progr.un. Also, the applicant ii,:.:ss...~~,...aa4,c:or.uhes ,.... ..... i\:1'. I -,;:_~1 t \b t"t..°"1'•' 11,U Witll cespect to the grant tbal! 0 · CITY O~ PALO .~LT .L It possesses legal authority to apply fer the grant. and to exe<:ute the pf"posed program; thit a resolu·
· tiOll motion or similar act&on has been duly adopted or passed as an official act of the-applu:ants' gov·
emillg body. authorizing the filing of the applicatio:l. includirtg all understandings and assurances con•
• llaifted therein, and aue-ctin~ and desi~natmg the applic:ant's chie( extt\ative officer as tbe authori:eed
representative of t~e apph;::ant to act in connection with the application and to provide such additional
Wocmatioa as may be cequared.
2. It will comply •ith:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352} and in ac-cardance with Title VI of that Act,
ao persoa io the Ustited States shaU. on th~ gtowtd of race, color. or national <uigin, be e-xcl11ded
&om participation in, be denied the benefits of. or be otherwise subjected to discriminati01'I u...,d~r
• any program or ac:ti\rity for which the Applicant tet:eives Federal finar.cial assistan~e and wi 11 imme-
diately take any measures !\ecessary to effectuate this agreement. lf any real property ot stni.ctu:e
thereon is provided or ir.:pro,·~ with tl'le aid of Federal financial assistance extended ro the Appli-
cant. this assurance shall obligate the Applicant. or in the case oi any tr...nsfer of such property.
eny tr.ansferee. {or tl'le periOd riuring which Uie real property or str.1ct1ne is used for a pwpose for
which the Fedcmal financial assistance is extended or f'X another pucpose involving the prov•sjoa. oi
aiaiJar services .or benefits.
·o-> Title VIII of the Civil Rights Act of 1968, (P.L. 90-284) as amended, and will administer all programs
aad activities rel.ting ta hou.sin& and c:ommunity development ia a maouer to af!imaUvel)' further iaa
lloasiAc-.
(c:) ~= !09 of t!t.e Housiag ar.d Co~!'!'lr.s:-:ity De~?o~t Act of 1974 nd i~ confoteance with all ~
•irements icposed by or p1USUant to the Regulations of the Department (24 CFR Par: Si'0.601) issued
purs.a:Ant to that Section; and in accordance with that Sectioa, 110 persoa ia the United States shall oa
the pound of race, color. natiorual origin or sex. be eia:haried from participation in, be denied the bene--
Gts of. or be subjected to discriclinatioo WM!et, any p:o~ram or activity funded in whole or ia. part with
the comauaaity de,·elopmeat huads.
(4) Ex.eclative Otdef 11063 o& elfial oppoctwaity ia housing.
(e) Section 3 of the Housinc nd Urban Development Act of 1968. as amended requiring that to the greatest
extent feasible oppottunilies for training and em;>loyment be gh·en lowtt income residents of the p:oject
area •ad conttacts f<n work in conoechon wit.'1 the project be awarded to eligible busif!ess concerns ~ ue located in, oc owaed i1l 5'ab5tantial part by. setSOllS resadin& in the area o( the p:oj.:c:t.
3. Prior to the subaission of its application. the applicant has:
(a) Paovided citizens with adeqi:ate infon:aation conc:emin& the amount of funds avai!able !or proposed
comauaitf developnen\ and h\>usin& activities. the ran• o! activities that may 0e undertaken. and
other important program ~u.ue=ients;
(h) Held at least two 111bJic heatings to ob!;1ia tH-.,iews ol citizens oa commwU1 development a:td
l.o.asia& neecls; and
(c) Provided citizens an adequate Of)porttaaity to participate ift the develop1ffftt of the-application and in
th4t devdopaenl of any ~ssions, chaftps. ot ameadQeots.
4. TM •pplicaoc will; .
(•) Pnwide fair aT!d ~-so~~ble r.location pw!HntS •d a.Sist~e i" accofdH<"e with ~tiol'l.s 202.
:~3. •~= : . .;4. ,,,~ ::~: l>· .• : ... :-: .. :~.::.•~•.;:-. ·\~s.as.,•i~c: eln-S k•.:.&I t'::~ett\' .\i::;~.al'~~.::1 ?:..:.:~-:-. .; /-:.~;
!P.L.. ·~?-~t·_·" .. -:: 'l"'"~!:...:--... • .. :.J :-.... _,.·.,.'.:.~---~.., :\ ... :r :::_r.-~11:~~. :-.:, .. :~·~ii-;,. ~l·~-·· ... -:--~ · : .. ·-
-:···. ··-: :: :...;~':::.~·::.~i:: ;;;'S~':.~=~~ ... ~ ~ &-=:-! .. -lt of 3~~ .i.:q~~s&t:.:~ o: re3! ;r-l~t:r:v ..J~:: .;~ ! r."" ...
fl'Olraal•
MUD-1tlt.12 111-74)
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' (It) Pnwicht retocatiO«' .. ssistanc• ptot&l'lll'ftS offering the servic:H ... ~:ic:rit.d in Section 205 of P. L. 91-646
IO •ch displaced familie-s, indi.v1duals, i:iarlnershis-. c:orporations or assoc&etions in the manner f'OVWed under applicable HUO regu!.itions;
\c) Aasu.c. that, within a reasonable time puor to displac~nient, decc~t. sale, and n11itary replac-fft~t
ct.emncs will be availa!:>le to si.&ch displaced families and inciiv&d\lals in accordance wuh Section
. 205(c)(J) oC P.L. 91-646;
(d) IAfcnia affected persons of the benefits, policies, and procedutes pn>vided for linder HUD regulations;
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(•) Carry Rt the-rtloc:atioft process in such a manner as to provide displ<!ced persons with iiniform and
COftSistent services, a:id assu.re that re-placement housing will be avai!.:able in the same r:ange C?f
doices with respect to such housic& to all displaced petsons· ce11111dl~ss of rac., color, religion, or
utioaal origin.
S. The applicant will:
. '<•> la acqwring real ptoperty in conn~tion with the community development block o-ant program, be
&Wded to the extent permitted under State law, by tl\e real propcrtv acquisiti..>:i policies set out under
Section 301 of the Unaform R~lo<:ataon. Assistance and Real Property Acquisition Policies Act and the
provisions of SectioQ 302 thereof; I
(b) Pay ~ reimburse property owners for Mcessary expenses as specified in Sections 30:' met 304 of the
Act; and
(c) lafom affected persons of th• benefits, policiH. and procedures provided for under HUD regulations.
6. It will give HUD and the Comptroller Cene-ral through ~Y authorized repr~stmtative access to acd the
_ • right to examine ail records. books. papers. or documents related to the grant.
1. Tbe appJ:cant will comply with the provisions of the Hatch. Act which limit the political activity of . employen.
I. It will comp!y with ~ provisions of: Executive Order 11296, relating to 4!Val11ation of flood hazards. and
Eaecvtive Order 11128. relalin& to the preventioa, control. aad abatement of water pollution.
9. Tbe applicant's certifying officer. ·
(a) ~s to assu:e the st~t:s of a respcnsib!e Fedftal official a~r the National Enviiatu:lectal
· Nq Act of 1969 insofar as the provisions of su.cb act apply pul'S\lant to this Part; and
(It). b nthorized and consents oa behalf of the applicant and himself to accept the jurisdictioa of the
Federal courts (or the puipose of Hfon:emestt of bis resp>nsihilities as such aa officiaL
· /io)T'te Community l>efflo~t P~ram: · 1:J (a) Gives maximwa feasible priority to activitiH which will be-tlefit tow-or moderate-i.acome faailin
or aid in the prevention or elie1inalioa of slums or blight;
0 (1)) Coatains activities designed to meet other community de-velopeen~ aeeds having a particular urgency
wbicb are specifically icentified and described in tbe applicaot's cemr:umity developntt"tt pl.an swn·
_, u4 cosm.aity development program..
11. k •ill establish safeguatds to ptOhibit employees front u.sing positions for a ptar$!0Se that is cw pves the
appearance of bein& motivated by a desire for private cain for themselves or otbels. particularly those
with whom tM)' have far.\i ly, busitaess, 01 othfl ties.
12. It wUl comply with all requirft"Hmts ici.posed by HUD concerning special requirenHtnts of law, program
sequiremectts. and other administrative require-meats appro~~ in ac:cord:ance with Fedftal ~ana&emet
Citcular 7'4-7. •
~at CertHiC':i~ion~ As counst:l fot the applicant and aft attor~·at•!3....-admitted lO ptaccic~ m the Stace in
WU:h tlw applu~a:u as located. I ct:rtify that tht" iacts aad reprekntat1\·t:s cont.amed i.r& AHt.Uance ~o. 1 abo"e
to be tNe and in acc~a:sce wath Sl~te .md loc:al law.
George c. Thacher
2/10/76 ----'···-·
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