Loading...
CC RES 1993-046RESOLUTION NO. 93 -46 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 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SERVICES. 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 nine (49) other public agencies that are not entitlement cities under the regulations of 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE 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 programs, this Agreement 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 City Manager 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 S 1ST D Y OF JUNE, 1993. ayor ATTEST• City Clerk estate df 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. 93 -46 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 1, 19930 City Cler City of Rancho Palos Ver es l4 r COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PARTICIPATING CITY COOPERATION AGREEMENT THIS Agreement is made and entered into this 4 day of 1993, by and between the City of Rancho Palos erd , hereinafter referred to as "City", and the County of Los R Angeles, hereinafter referred to as the "County ". WITNESSETH THAT: WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking, community development, community renewal of 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, as amended, hereinafter referred to as the "Act"; and WHEREAS, County Counsel has determined that the terms and provisions of this Agreement are fully authorized under State and local law, and that this Agreement provides full legal authority for 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 of 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 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 Statements of Community Development Objectives which will be funded from annual Community Development Block Grants from federal Fiscal Year, 1994 -1997 appropriations and from any program income generated from the expenditure of such funds. County shall have final responsibility for selecting projects and annually filing Final Statements of Community Development Objectives. 3. The City and the County in the performance of this Agreement shall take all actions necessary 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. -1- 4 , The ,City and County agree that Community Development Block Grant funding 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 is prohibited. 5 . Pursuant to 24 CFR 570 9 5 01 ( b) , the City is subject to all requirements applicable to subrecipients, including the requirement of a written Agreement set forth in 24 CFR 5709503. 6. The City shall inform the County of any income generated by the expenditure of Community Development Block Grant (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. 7. The County shall be responsible for monitoring and reporting to HUD on the use of any program income; therefore, the City shall be required to maintain appropriate recordkeeping and reporting for this purpose. 8. 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. 9. All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG funds or program income, during the term of this Agreement, shall be treated as described in Sections 5 through 11 of this Agreement. 10. Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG 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 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 funds. 11. 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 program income. 12. This Agreement shall be effective for the period of time required for the expenditure of all CDBG funds allocated to the City from federal Fiscal Year 1994 appropriations and from any program income therefrom. In no event shall this Agreement be terminated before June 30, 1997 except as a result of action by the United States Department of Housing and Urban Development. -2- L; -A 13. 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; 14. The City shall or shall continue to provide a drug -free workplace by: 10 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 1 of this Section 14. 4. Notifying the employee in the statement required by paragraph 1 of this Section 14 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 14 from an employee or otherwise receiving actual notice of such conviction; and the City must provide written notice, including position 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. -3- • 6., Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4 (b) of this Section 14, 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, 21 3f 41 5, and 6 of this Section 14, 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 the executive officer - clerks thereof as of the day, month and year first above written. CITY OF RANCHO PALOS VERDES COUNTY OF LOS ANGELES 41an� 4t B By May Chairman, Board of Supervisors ATTEST: C., t By ATTEST: J. MONTEILH, Executive r - Clerk of the Board of isors APPROVED AS TO FORM: City Attorney By Deputy APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel By D u y 0 IN "is AD r ED CARD OF SUPERVISORS Rev: 4/93 BG JUL 0 6 1993 lIAJlRN J. MONTEILH '6�!'fIYE OFRC£R