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HomeMy WebLinkAboutReso 1978-9244 RESOLUTION N0. 9244 RE OLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VITA RESCINDING RESOLUTION N0. 9240, APPROVING AG~2EEMENT BETWEEN THE CITY OF CHULA VISTA AND THE HO SING AUTHORITY OF THE COUNTY OF SAN DIEGO FOR LO[~7 RENT PUBLIC HOUSING AND AUTHORIZING THE MAYOR TOIEXECUTE SAID AGREEMENT Thy City Council of the City of Chula Vista does hereby resol e as fellows: NO THEREFORE, BE IT RESOLVED by the City Council of the City f Chul Vista that Resolution No. 9240 be, and the same is hereb resci ded and that that certain agreement between THE CITY OF CHULA VISTA,~~Ia municipal corporation, and THE HOUSING AUTHORITY OF THE C UNTY O~' SAN DIEGO, for low rent public housing, dated the 24th day o 1978, a copy of which is attached hereto and i:ncor orated ,herein, the same as though fully set forth herein be, and t e same~is hereby approved. BE A T FURTHER RESOLVED that the Mayor of the City of Chula Vista be, an he is hereby authorized and directed to execute said agree ent fo and on behalf of the City of Chula Vista. Prese ted Approved as to form by (~-~ aul esro rs, Community George D. Lindberg, City Attorney Devel pment Director AD PIED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA CALIF RNIA, this 24th day of August , 1978, by the f llowinc~ vote, to wit: AYES: Cot~ncilmen_ Scott, Cox, Egdahl, Hvde. Gillow NAPES: Councilmen None ABSEN']~: Councilmen None (~ ) 'r Mayor of the City of Chula is a ATTEST Cler STATE OF CALIjFORNIA ) COUNT OF SAN DIEGO ) ss. CITY F CHUL VISTA ) I,I City Clerk of the City of Chula ista, California, DO HEREBY CERTIFY that the above is a full, true nd correct copy of Resolution No. and that the same has not b en amended or repealed. DATED City Clerk ~:I R~C~-VED C 8Y CHA A{~ 1 "~ 1~7F~ rbrm iiJ -72~~1. `Phis foz:a has been prepared by ti?e llepartment oi' :u sine and Urb Development for use by 2 I:ocal Authority as a '~~• J y ;aide in dry: ;,irg ag;eeme is providing for local cooperation, as regaired by the fious~_:~; Act. of` 137,, and by reF~ilations of the Tn„artmPn~ - Pale 1 CCCPL_~~_TICi AG?.E~~;',Z' (.~ 7 Th: (herein (hers In parties ~1. s Agreement entered into this 24thday of August by and between THE H~USIi~G AUTHORITY OF THE COI3NTY OF' SA; DLGC ~ called ti?e "Local Autnority"~ and THE CITY OF CHULA VISTF_ ~in called the "P~unicipality"~, witnesseth: 'consideration of the Tutual covera.:ts hereinafter set forth, ±he hereto do agree as follows: 4lhenever used in this Agreement: (a} The term "Project" shall mean any 1c4:-rent housing hereafter developed or acquired by the Local Authority ::~ith financial assistance of the United States of hmerica acting thrauyz the Secretary of Housing and 'urban Development (herein called. the "Government"}; excluding, however, any low-rent housing projaot covered by any contract for loans and annual contributions entered into between the Local Authorit~r <~nd the Goverrr;ent, or its predecessor agencies, prior to the date cf this Agreement.~~ (b) The terms. "Taxing 3ody" shall Wean the State or any political Stl'DdiV1SlOI'i or taurg urlt thereof In which a pro jec ~ is si ~aated and which would have authority to assess or lev~t real or personal property t :1.es or to certify such takes to a ta~:ir_g body or _rubli o officer to be levied for its use and bene~it with respect to a Project if it were not exempt from ta:.:ation. (c} The teri, "Svelter Pent" si?all mean ti?e total of all cha_ges to ail tenants of a project for dwelling rents end rcndt•:alli::g rents (excluding all other income of such Project}, less the cost to the Local Authority of all dwelling ar~d nondwelling utilities. (d} Tree term "Slur" shall moan any area wi?ere d,:-ell ~~- r »^t lno.~ p_eaOmi,_;~ e Whi Ch, by reason cf dilap~ aatlor., overcro~rJding, faul'`y arr~~!gemen t or design, lack of trertilation, ligr~t or sanitatio^ facilities, or any combination o.f these factors, are detrimental to safety, heap:;, or morals. ~~, 2. the LOCal Ai.iti'!Ority shall endeavor (a} to Secure a contract cr CO:"itraCtS 411th the ~~'-OVern,^',ei1t IOr .10~:."1S aY~ EL'121ua1 C0:1trl~t:t10_'?s GOTIE'=i:I~ one or m'~~re Projects comprising approxim'ately' = 100 2 units cf lo:•:- rent housing and (b) to dovelop or acquire grid adn?inister such Project or F'~~o- jects, e~.ci: of which shall be located within the corporate li:-~its of to T.i.:ri- CiDality the Ob11E,at10:1S Of the pa:ctles ileret0 u.'_all apply t0 i'aC.^•. ..aCii P~ O- ~. ' j F' r ~ • ~ 3. ~I,(a} Under the constitution ~Ld statutes of the State of California , ~ all projects are exempt horn all r~a1 a.riG perspnal property tares c .d special assessments levied or irlnosed o~j a:_y Ta3:i~g Body. Z',i'ch respect to an;;- Prclect, SO lo..g as e~.t:?er (1} sucrl °roject ~.s o4rned by a public body cr goverr!.-nental agonc;r and is used far iow-rent housing purposes, o~ (ii} any contract bet4reen the ~,ocai r_ato,i,~~ a_rd file Government fOr IOaY!S Gr arm ual COntrlbiltlOnS. Or bOtil, in CO:':'?c.^.,'t1Cl:. 41itl1 such Project reTialnS in fOrCe a:^.d effect, Or (lli} ~,•;y .,,)nds iSS?:e;• in conr?ection 4;ith Duch Project or and' r<onies due to the Gove~-!~~en;. ~.._ COP1?eCtlOn 411ti1 :UCI? i rO~P.^ ~ .ic'ir:31n ~rpa.d, 4~~'11ChF'T.'J" ')er:.OC 1S .,..e lO::~c. ~, tree P~"ra.~!icipality ag?'ees that 1t will nog le~r~' or ~m:n^.se ~,y rns,l or personal prOnerty' ta:rOS Or ::p~JC1S.l asses II1c.itS UDOn S11Ch ProjeO ~ Or U'~Jn ~ he r - ~oc~l ~:ut Orltj~ 4:ith respect tt!eretn. L'•a'_"1_'1~ such '~'Or1Gi, ~_?e LOC~,I i~at'iOritj" shall make c'L^.llal puj'T.~1C'ntS (~'1°rE.'1;? C3ilei "t~a~TlBntS iI"iL1r.Li Or ~:=.ties"} rrr _ - l t?'JD-52C;u1 Page 2 1n lieu Of SUCK to Xe:, a7'id S~eclal a~':i E:',^, S-~ept5 and In pu'r'i16nt o_ Trp y....,-1.C ~Ser'v'1CeS and faCl'11.tleS fUrn?S:?E;~ irC;~ t].me t0 t]._,T1e lrittl0'.:.t at~Ler cost or charge for or Frith respect to such project. (b) ~.aC.1 such annual Pay~~•n~ 1:1 Lied Of ~1~axe5 Shall ~ c ~=v after t e end of the fiscal year established for such .,,,,:m~~y be in amount equal to either (i~ ter_ -,-,r ,,, P~noject, ~.~", ;;::all Rent ch r;- ~ . ~ cent (1C~) of the Shelter y, _~ec. by the Local Authority in rescect to such Project darirt such cal ear or (ii~ the ate.„ + - ~ y oan~ per-~i tted to be aid b- ar ~ ; ..-,~ state 1 w in effect on the date such ~~ ter;, p '~ ypyy..`°-y is the _ 4y=•--- is made, whichever a= 0-art ower. (c j The T~iunicipality shall distribute the Pa ~e r Ta;•:es aWona the TaYirg Bodies in the y nts i_t Lieu of proportion ;•rhich the real prooe~y. tastes which would 'nave been paid to each taxing Body for such year if the Project ere not exempt. from ta;;ation bears to the totes r taxes which would 'nave been paid to all of the Taxir, ,,l real p_op_~y if the P oject were not ex_em t from tax ~~ ~r g -Bodies for such year P a~_on Lovided, hove er, _na~ no payment or any year shall be made to any- Taxing Body in excess of the amount o the real property taxes which would 'nave beer_ s, ,, :, ~,.._,_- Body for such paid to a.,_ _4..ine- year if the Project were not exempt from ta:~ration. J (d~ Upon failure of the Local .athority to make a_ny Pa;rrertt in Dieu of ~axea, no lien acainst any Project or 2,sseFs of the Local uthority ~hal1 at ach, nor shall ~,ny interest or penalties accrue or attacrt on account thereof. -- 1~. ~IDuring the period commencing ;•rith the date of t'r_e acquisiti on of . y'~y paw Hof the site or sites of ar~y Project and continuing' T either ('~ such Project is o;•med bar a , i;,, ,, o so lor.~ as ~d is u ed for low-rent h `' pub--" bo.~y or gover.~ental. agenoy ousing pu'~-sows, or (ii~ any contract bet:reen tree vocal Aut .ority- and the Government for 1 ~, +, or.~ts or annu~.l contributions, or o„n, in icor~ection with such Project remains in fcrce and effect, or iii anya~ bonds issued in con.~nection ~rrith. such ~'roject or ar?y moni es c.~ue o the Goi ernmer~t in cot:section ;;pith such Project. remain unpaid , ~, r. eriod is the longest, the I~ur~icipalityr ;ti'=Lnou~ cost or charge to•. V~c._e-ter a ocal A?at ority or the tenartts o= sac:~ Pr • :t Lieu o Taxes shall• °~ect (other than the P-~~ents ~(a~ r~rnish or cause to be urrished to the Local Authority and the tenants of s;;~ch Project pablic services anal ' Of "Fite SaIIie C?:ara a l f2.C=.-~T,leS c ,..r and ~c the saTM~e e?:tent as are fu~~::? seed. from time to time 4r1.thOl~t •COSt Or Charge t0 Other dwelliI.^S ~ Cand inhabitants in the T•:unici Nal~.+~ ~,!' , (b/ Vacate Such streets, roads, a7'id alleys 4rlt}?lri t:1 C' c^„=`aa lof such Project as Layr be necessar-,~ in the development thereof, 'land convey trithout charge to the ,ocal Authority such i::tores+ i~as the T~iunicipality may have in s'~ch vacated areas; arid, ~r_ so far as it is la;•rfully able tc do so without cost or es;perse to the Local Authority or to t'-te T:~.^; ^= ~i ~ ^ • :_~_p;,._ity , ca.z~e to be reWoved from such vacated areas, in so f'ar as it may be necessary, all public or private utility lines a:.d equipment; (c~ In so far as the T~~:anicipality may- lawfully do so, (i~ ~~ = sUCh devlatlons from the building COC° Of the T`':unlC1pa11tV 25 are reasonable and necessary t0 1'~,rou;Ote eCOnO::;~ s.nd eff1C1E';:Cti' i~,•+~ Ong development and administration of such Project, and at the same 'time safeguard health a?'id safety , and (ii~ ma?~e such charges in. any zonir_g, of the site and surro~.z_-~di_rs territory of suc%-t ='rojeot as are reasonable and necessa y~ for the develop~:t:nt and wrote^t<en of such Project and the surrou.~:dino territory; v O ~ v~ t c L~-52t~31 Page 3 5• In a reasc Local 1 (d~ Accept grants of ease-~ents necessa~• for the deveio5-~ent of such Project; and (e) Cooperate wi-~h the Local Authority by such other larrfnl action or ways as the P:l:~I1i cipali ty and the Local Authority may find necessary in ccnnection with the development a;^.d administration of such Project, respect to any Project the I:~a:~:icipaiity further agrees t'r~at rrithir~ Zable time alter receipt cf a written request therefor frog, the zthority; (a~ It gill accept the dedication of all interior streets, roads, alleys, and adjacent siderrall-s within the area c= such Project , loge±her with all sto~n and sanitary se:•rer mains in such dedicated areas, after the Local Authority, at its o~rrn e.~pense, has completed the grading, improvement, paving, s:,^d installation thereof in accordance with specifications acceptable to the P•unicipality; (b~ It will accept necessary dedications of land for, and will grade, i,:.prove, pave, and provide sidewalks for, ail streets bou_ndin; such Project or necessary to provide adequate access thereto (in ccnsideration whereof the Local Authority shall pay to the I~;unicipality such amount as would be assessed against the project site for such work if such site were • privately o~,rned) ; and (c) It will provide, or cause to be provided, water mains, and sto u and sariitaz^,,~ sewer mains, leading to such Project and serving the bounding streets thereof (in consideration; whereof the Local Authority shall pay to the T•.~anicipality such amount as would be assessed against the Project site for such trork if such site were privately owned. 6. If ~y reason o' the i•iunicipality's fail-are or refusal to fu.rzish or cause t be furnished any public ser-rices or facilities tirhich it has agreed ereunder to furnish or to cause to be furnished to the Donal Authority or to the tenants of any Project, the Local Authority incurs any exp nse to obtain such ser'rices or facilities then the Local Authori y may deduct the mount of such e~:pense from. any Pa~~ents in Lieu of Taa:es due or to become due to the i~anicipality ire respect to any Pro, ect or any ot'.er low-rent housir_g projects owned or operated by the ocal Authority. 7. IIo cooperation Aa eemer_t heretofore entered into between the P•l~anicip lity and the Local authority shall be construed to apply to any Pro~ect covered by this l~greement. 8 • IIoember of the gover::ing body of the municipality or any Other public fficial of the I•.unicipality who e.fercises any responsibilities qr func ions with respect to any Project durir_g his tenure or for one yea thereafter shall have ar_y interest, direct or indirect, in a_ny Project or an~r property included or planned to be included in any pro,7ect, or any contracts in corn ection with such Projects or property. If arty such go-re~~ing body ne-~ber or such other public official of the I~ar~icipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Local Authority. Q 7 U l Iiu'~-s21;~1 Page ~ i 9. So I ong as any contract between the Local Authority a_rd the Gozrerrmer_t for to s (including prelimira~y loans or annual Contributions, or both, In CO11n. Ct1O'1 Wlth arl' r ~1 -^ s' `^ y P oje.,~ r_~:ins ~n lorce and eliect, or so long as a,~. bon, s issued in connection with an;;• ?r.oject or a_ny monies dae to the Govern-~~nt in connection with any Project remain unpaid, this ko Bement shall n t be abrogated, changed, or modified without the consent of the Gaverrun nt. The privileges ar:d obligations of the i•:unicipali ty hereu;,der shall r~main ir. full force and effect with respect to each Project so long, as the beneficial title tc such Project is held by the Local Authority or by any ~ther public bod;r or governmental agency, including the Goverment, authorised by law to engage in the development or administratior_ of low-rent housingprojects. If at any tine the be_~eficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Goverment, the provisions :zereof shall inure to the benefit of and r$ay be enforced by, such other public body or governmental agency, including the Gove~:zment. IPJ jrIITI1ESS ~•+ M 40r the fi~unicipality and the Local Authority have respec- tively-~igned this AgreeLent a_nd caused their seals to be affil:ed and attested as of tY~e day and year first above written. (SEAL City of Chula Vista, CA Corporate hTa_me of Iiunic~pality By~ ,~ ~ ~~ ~J e~n~n_: . l 1.YI (SEAL ATTEST ~ . By e M. Fulasz, City Clerk e I3ame and Title Will T. Hyde, Mayor (Type Name and Title) Corporate I1ame of Local Authority py Chairman .. ~~~Ivu APPLICATIONP2 D. PROPOSED TYPE OF PROJECT AND DWELLING UNIT CHARACTERISTICS 1 . PROFUSE D TYPIi UI P ~,OJECT (Chc•c'k U.('u/~/dicuhlr/: I_I Th ' PIIA certif~ es that the dwellin}~ nnit cl-aracterislics proposed iu the table below arc in accordance with the HAP goals, an in accurdar~ ce with the Notification of Housing Assistance Availability (NOHAA) which it received, except as' in iratcd imnlcl lialely below: I I 1•h I • I'lIA pn>p(f ses the following deviation fnnu the NUIIAA (supporting documented justification is attached): 2. I'HUPUS ~D DWC LLIN UNIT CHARACTERISTICS: , NUMBER - NUMBER OF D.U.•S BY BEDROOM SIZE BUILDING OF AMILY AND LARGE FAMILY ELDERLY, HNDCPD Oli DISAnLED TOTAL D U 'S TYPE uLUt:S. I ~ 1 BR 2 BR J~BH A BR 5 BR 6-ESR EFFIC. 1 B_ -Z . . D 11T1}CIl-OVJ - - - ___ _ --- - -- - 1 sD 11 _ 28 _ _-18_ 46 . H .. -- -~0---- ~ __ _ 42 nw n1. - ----- ._ _ _ _ _ - -- --- -- - - - - ----- __ __-- -- ----- ,ul Ars ~ ~)~_ _30-- -- -40 30- X00 (D - Detac ed Single-F ~mily; SD -Semi-Detached; R -Row; AW -Walk-up Apartment; AE -Elevator) --? E. FINANCIAL FEASIBILITY The. I~icld f. f•Fice is rcyui ed to determine, in roviewini; the application, whether it is likely That the financial fc;lsihility reyuireulents fol apI)I/,val of the lleve opnlrnt Program (Srrlin)r ,141.1 /S(c•JJ can he nlet. To assist the Meld OI~fice in its detenninatiun: See A tacY~nent X 1. I?xprl scs. The I'll shall submit au estimate of project operlling expenses lu supplenlenl any information available in the I'icld )fiirc• LI'Jlt A 2. Inu)n c. The PIIA shall submit its conclusions and supporting data un estinstted project incunlc, as follows: Exhibit B a. 'fhel~~,PIIA shall dclernline the range of renter low-income 181n-heS rCtillhllg In the county, or jurisdiction of the I'iln if data is available, by the household types which Ille project would serve (elderly/~uurel(h'rlp, size OJ~ Jinll`lrJ :uul by ineonle inlervak. h. Thr~ )clccuta'c IIISI1lb1111U11 of Ihcsc families by established inu)nle inlcrvals shall be recorded. t, ~. "!•hr'' PIIA shall dclcnuinc the cstinullcd n•nl:ll incunlc of Iltc project by projecting 95%~ occupancy which rrpljralcs as ucarly as frasitilc the pclccntagc distribution of fanlilics (!u•nvi(!rd That u1 !r•asl 3U'/ uf'!f-e lir's .rllu!! hr rrrr low iru•I,ntc•J and by applying its I IUD-approved cuncnt rent determination standards Ju~ll ~ Io I tc nlydian nrt inconx• uF sorb f:unities ill carte incunlc interval. .. ~. PIIA k•tcrulinatio~l. The PIIA (Iclcnnincs it is likely Ihat: XI I Ill` I11111CL•I ti Ctit llnaled UI)L'I:II IIIg Cxpl•Iltil'S WIII I11)I CxCCCd UpCral111g III I:UIIIe. I Illlli proµ•rt's cstinl;llrJ otx•r;uint; r~prnscs will rxrrcd opcralin}; iuronlc by $_-_-- per unit per ------- nu~ljtlh :uul an oprialin;' suhsuly of 1h:U anu~unl will he nxluired. 4. Marl: I. 13y sul~nlilling this Apphralion, Ihr I'lIA has dclrrntined Ihal there is a nt:ukcl Fol the proposed pluject within the I;n gr ul Irn:ult inrnnn•s Ic(~uile(I by ticrlion H41.1 I S(c). ti. I'I:ul. the PIIA shall subnul its pi;ul fell allrarting Iantilies In the proposed projerl :out achieving ur,(;upancy in accordance with S`cliou ~41.I IS(r);utd the daW suhnlillrll nnllrl I:-' above. EXill}~lt C F. ADMINISTRATIVE CAPABILITY SCE Att3CY])~T)t XI "Ihr I'IC~(I t)Illce Iti rl`Ilhlrl`d II) IIC1CrI11111C, In ICVICWIIIg Illy :Ipplll';IIII)il, WIICIIICr II1C PIIA has Or WIII aCI11CVC the Capablhly t0 prUVICIC allc~luatc ulmiuistratillju, including, both devclopnlcnl and operation uF the proposed project as well as existing projects of the PIIA. The I'l IA uay pruville ~uty inli)rntnlion which it hrlicves pertinent to assist the Field Office in making its detenninatiun. This play inclullc :I ,nnmary ul the PI IA's previous rxpericncc in drvrlupinl; and operating, rxisling projects as well as the progress the PHA has nladc Illw;ulls the Irsolution of ;nly silrniFiranl pn)hlcnls, including I Il ll) Findings ul non^,ompliancc, if any. Anew PHA should sununarir • how iI will ~IChicvc the Icl~uircd allnlinistrativc alpahilily'Io develop and opctatc the proposed project. G. PHA ASSURANCES 13y suhnu tulp, thls Aprlic:llion, the I'lIA rrllilics th:ll. I. •Ih(• pr Ijc1;1 will hc!dcvclopcd in acclndancc wish ticclion si4l.llli, ?. Ibc ~,it r well i,c in (:~)nlpli;ulrc wllh Ihr• sfa.ml;uds of Scrlnul ~c•11.11)71h). .;. 'I he pt ojera Icn:ulls will hr selcclell in acronl:urce wllh Section x41 .I I51O ;uul the flan sulunitled under Ilenl I{-S as approved by Ill U. 4. "Ihc I'l l will comply with Ihr Ilnil~llul Itrlllcaliou Assistance ;uul Itcal I'lopclly A(Iluisilion I'olirics Acl of IV7O, II111) Kct~,ul; llun ('4 (I I< fall 42) ;unl III II) Ilan~lhooks I.t1.1).I and I.t71.1 I<rv.