CC RES 1999-047 RESOLUTION NO. 99-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES APPROVING AND
AUTHORIZING AN AGREEMENT BY AND BETWEEN THE
CITY OF RANCHO PALOS VERDES AND THE COUNTY
OF LOS ANGELES FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, HOME
INVESTMENT PARTNERSHIPS PROGRAM AND
ASSISTED HOUSING PROGRAMS
WHEREAS, the City of Rancho Palos Verdes has participated in the Los
Angeles Urban County Community Development Block Grant Program; and,
WHEREAS, this program is utilized by forty-seven (47) other public
agencies that are not entitlement cities under the regulation of the U.S. Housing and
Urban Development Department; and,
WHEREAS, the City of Rancho Palos Verdes will continue to be a
participating city under the Los Angeles Urban County Community Development Block
Grant Program, HOME Investment Partnerships Program, and Assisted Housing
Programs.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS
FOLLOWS:
Section 1. The City of Rancho Palos Verdes approves an Agreement by
and between the City of Rancho Palos Verdes and the Los Angeles County for
Community Development Block Grant Program, HOME Investment Partnerships
Program and Assisted Housing Programs, which is hereby attached as Exhibit "A".
Section 2. The City Council approves and authorizes the execution of this
Agreement and directs the City Manager or his representative to take any action
necessary to implement this Agreement.
Section 3. The City Council hereby authorizes the Mayor to execute this
Agreement on behalf of the City of Rancho Palos Verdes and directs the City Clerk to
attest thereto.
PASSED, APPROVED and ADOPTED this 15th day of June, 1999.
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ATTEST
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City Clerk (Deputy)
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 99-47 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on June 15, 1999.
/sf4,
(Deputy)City Clerk, City of Rancho
Palos Verdes
\\MASTADON\PUBLIC WORKS\JUDY\WP\STAFFRPT\CDBG3YR000PERATION AGREEMENT.RES.DOC Re s o 1 . No. 99-47
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COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
HOME INVESTMENT PARTNERSHIPS PROGRAM AND
ASSISTED HOUSING PROGRAMS
PARTICIPATING CITY
COOPERATION AGREEMENT
THIS Agreement is made and entered into this is day of July,2000,by and between the City
of Rancho Palos Verdes,hereinafter referred to as"City",and the County of Los Angeles,hereinafter
referred to as"County."
WITNESSETH THAT:
WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking,
community development, community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing, including, but not limited to, the
improvement or development of housing for persons of low- to moderate-incomes, and other
community or urban renewal activities authorized by the Housing and Community Development Act
of 1974,the Cranston-Gonzalez National Affordable Housing Act(NAHA)and the C.J.S. Housing
Act of 1937,as amended,hereinafter collectively referred to as the "Act"; and
WHEREAS,the terms and provisions of this Agreement are fully authorized under State and
local law,and this Agreement provides full legal authority for the County and its instrumentalities
including the Housing Authority of the County of Los Angeles and the Community Development
Commission of the County of Los Angeles, hereinafter collectively referred to as the "County" to
undertake, or assist in undertaking, essential community development and housing assistance
activities, specifically urban renewal and publicly assisted housing.
NOW, THEREFORE,the parties agree as follows:
1. The City and the County agree to cooperate to undertake, or assist in undertaking,
community development, community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing, including, but not limited to, the
improvement or development of housing for persons of low- to moderate-incomes, and other
community or urban renewal activities authorized by the Act.
2. The City hereby authorizes the County to perform,or cause to be performed,those acts
necessary or appropriate to implement the community development and housing assistance activities,
specifically urban renewal and publicly assisted housing, including but not limited to improvement
or development of housing for persons of low-to moderate-income, and other community or urban
renewal activities authorized under the Act specified for the City in the County's annual Housing and
Community Development Plan which will be funded from annual Community Development Block
Grant(CDBG)and applicable HOME Investment Partnerships Programs("HOME")from Federal
Fiscal Years 2000-2002 appropriations and from any program income generated from the
expenditure of such funds. County shall have final responsibility for selecting projects and annually
filing its Final Housing and Community Development Plan.
3. The City and the County in the performance of this Agreement shall take all actions
necessary or appropriate to assure compliance with the County's certification required by Section 104
(b)of Title I of the Act,the provisions of the National Environmental Policy Act of 1969, Title VI
of the Civil Rights Act of 1964,Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of
the Act, Section 3 of the Housing and Urban Development Act of 1968,the Fair Housing Act,the
Act and all other applicable laws and regulations.
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4. The City may not apply for grants from appropriations under the Small Cities or State
CDBG Programs for fiscal years during the period in which it participates in the Los Angeles Urban
County Program.
5. The City may participate in a HOME Program only through the Los Angeles Urban
County. Thus,even if the Los Angeles Urban County does not receive a HOME formula allocation,
the City cannot form a HOME consortium with other local governments.
6. The City and County agree that CDBG and HOME funding is prohibited for any activities
in or in support of any cooperating City that does not affirmatively further fair housing within its
own jurisdiction or that impedes the County's action to comply with its fair housing certification.
- 7. Pursuant to 24 CFR 570.501 (b), the City is subject to all requireients applicable to
subrecipients, including the requirement of a written Agreement set forth in 24 CFR 570.503.
8. The City shall inform the County of any income generated by the expenditure of CDBG
funds received by the City. Any such program income may be retained by the City subject to the
requirements of this Agreement. Such program income may only be used for eligible activities in
accordance with all CDBG requirements as may then apply.
9. The County shall be responsible for monitoring and reporting to the U.S. Department of
Housing and Urban Development(HUD)on the use of any program income;therefore,the City shall
be required to maintain appropriate recordkeeping and reporting for this purpose.
10. In the event of close-out or changes in status of the City,any program income that is on
hand or received subsequent to the close-out or change in status shall be paid to the County.
11. All program incothe generated from the disposition or transfer of real property acquired
or improved by the City,using CDBG and/or HOME funds or program income,during the term of
this Agreement, shall be treated as described in Sections 6 through 11 of this Agreement.
12. Any real property which is acquired or improved by the City during the term of this
Agreement, in whole or in part, using CDBG and/or HOME funds or program income, shall be
subject to the following standards:
a. The County shall be notified by the City in writing of any modification or change
in the use or disposition of such real property from that planned at the time of acquisition or
improvement. Such notification shall be made prior•to the modification or change in use or
disposition.
b. If such real property is ever sold or transferred for a use which does not qualify
as an eligible use under CDBG and/or HOME regulations,the City shall reimburse to the County
an amount equal to the current fair market value of the property less any portion thereof attributable
to expenditures of non-CDBG and/or HOME funds.
13. The City shall make available for inspection and audit to County's representatives,upon
request, at any time during the duration of this Agreement and during a period of three(3)years,
thereafter, all of its books and records relating to CDBG and HOME program income.
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14. This Agreement shall be effective for the period of time required for the expenditure of
all CDBG and/or applicable HOME funds allocated to the City from federal Fiscal Years 2000,2001
and 2002 appropriations and from any program income therefrom and for the completion of the
funded activities. In no event shall this Agreement be terminated before June 30, 2003 except as a
result of action by HUD. The City or the County may not terminate or withdraw from this
Agreement while it remains in effect.
15. The City has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within its jurisdiction.
16. The City shall or shall continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the City's workplace and specifying the actions that will be
taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees
about:
a) The dangers of drug abuse in the workplace;
b) The City's policy of maintaining a drug-free workplace;
c) Any available drug counseling, rehabilitation, and employee
assistance programs; and
d) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
3. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph I of this Section 16.
4. Notifying the employee in the statement required by paragraph 1 of this
Section 16 that,as a condition of employment under the grant,the employee
will-
a) Abide by the terms of the statement; and
b) Notify the City in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than five
calendar days after such conviction;
5. Notifying the County in writing, within ten calendar days after receiving
notice under subparagraph 4(b) of this Section 16 from an employee or
otherwise receiving actual notice of such conviction; and the City must
provide written notice, including position or title, of any City employees
convicted of any criminal drug statute to every County grant officer or other
designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a identification number(s)of each
affected grant.
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6. T ng one of the following actions, within calendar days of receiving
notice under subparagraph 4(b) of this Section 16, with respect to any
employee who is so convicted;
(a) Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purpose by a
federal, State,or local health, law enforcement, or other appropriate
agency.
7. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs 1,2, 3, 4,5, and 6 of this Section 16.
IN WITNESS WHEREOF, the governing bodies of the parties hereto have authorized this
Agreement and have caused the Agreement to be executed by their respective chief executive
officers and attested by their respective executive officer-clerks thereof as of the day,month and year
first above written.
CITY OF,RANCHO PALOS VERDIS_ CO, TY OF L I S - GELES
ci • . _ c By -- _
AYOR Chairman, Board of Supervisors
ATTEST: vF Los ,t ATTEST:
*An.
City Clerk • ��� �'1 t JOANNE STURGES
• • Executive Officer
'' Clerk of the Board of Supervisors
.By _ - By .. .
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney LLOYD W. PELLMAN
County Counsel 4/
By By r
a y
a AII ' TED
BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES
1 2 JUL 1 31999
r9( STWW-61
JOANNE STURGES
EXECUTIVE OFFICER
LWICOOP99-1
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