CC RES 2014-024 RESOLUTION NO. 2014-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES APPROVING AND AUTHORIZING A
COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
RANCHO PALOS VERDES AND THE COUNTY OF LOS ANGELES
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)
PROGRAM.
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-eight (48) other public agencies that
are not entitlement cities under the regulation of the U.S. Housing and Urban Development
Department (HUD); 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 and
HOME Investment Partnerships 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 the County of Los
Angeles Participating City Cooperation Agreement by and between the City of Rancho Palos
Verdes and the County of Los Angeles for the Community Development Block Grant Program
for the time period of July 1, 2015 through June 30, 2018 and self-renewing thereafter, which is
hereby attached as Exhibit A.
Section 2. The City Council approves and authorizes the execution of this
Cooperation Agreement and directs the City Manager, or his/her representative, to take any
action necessary to implement this Cooperation Agreement.
Section 3. The City Council hereby authorizes the Mayor to execute this
Cooperation 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 April, 2014.
i
Mayor
A T T ST:
‘4,61_IA 4A k
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2014-24 was duly and regularly passed and adopted by the said City Council at a
regular meeting thereof held on April 15, 2014.
/17C-71/7/ /
City Clerk
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAMS
PARTICIPATING CITY
COOPERATION AGREEMENT
This Agreement is being entered into on this 4th day of June 2014, to be effective on the
i st day of July 2015,by and between the City of Rancho Palos Verdes, hereinafter referred to as
"City," and the County of Los Angeles, by and through the Executive Director of the
Community Development Commission of the County, hereinafter referred to as "County" and
shall remain in effect for the three-year qualification period through the 30th day of June 2018.
After this date, this Agreement provides for automatic renewal of participation in successive
three-year qualification periods, unless the County or the City provides written notice it elects
not to participate in a new qualification period.
W1TNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled,
the Housing.and Community Development Act of 1974, as amended, herein called the "Act;"
and
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 Act, the Cranston-Gonzalez National
Affordable Housing Act(NAHA),and the U.S.Housing Act of 1937, as amended;
WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME
Investment Partnerships (HOME) Program, and the Emergency Solutions Grant (ESG) Program
are required to have an approved comprehensive housing strategy as authorized under NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban
Development, hereinafter referred to as "HUD," that the County be designated as an "Urban
County;"
WHEREAS,the City desires to participate with the County in said program;
WHEREAS, as the Urban County designee, the County will take responsibility and
assume all obligations of an applicant under federal statues, including: the analysis of needs,the
setting of objectives, the development of community development and housing assistance plans,
the consolidated plan,and the assurances of certifications;
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,by and through its
agents and instrumentalities including the Housing Authority of the County of Los Angeles and
the Community Development Commission of the County of Los Angeles, herein referred as
"County," to undertake, or assist in undertaking, essential community development and housing
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Exhibit A
Page 1 of 8
assistance activities, specifically urban renewal and publicly-assisted housing; and
WHEREAS, by executing this Agreement, the parties hereby give notice of the intention
to participate in the Urban County CDBG Program.
NOW,THEREFORE,the parties agree as follows:
1. 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
Consolidated Plan which will be funded from annual CDBG and applicable
HOME Programs, from Federal annual appropriations, and from any program
income generated from the expenditure of such funds. County shall have final
• authority and responsibility for selecting projects and annually filing its Final
Housing and Community Development Plan with HUD.
In the event this Agreement extends into succeeding fiscal years and funds have
not been appropriated, this Agreement will automatically terminate as of June 30
of the then current fiscal year. The County will endeavor to notify the City in
writing within ten(10)days of receipt of non-appropriation notice.
2. This Agreement covers the following formula funding programs administered by
HUD where the County is awarded and accepts funding directly from HUD: The
CDBG Entitlement Program and the HOME Program.
3. In executing this Agreement, the City understands that it shall not be eligible to
apply for grants under the Small Cities or State CDBG Programs for
appropriations for fiscal years during the period in which the City is participating
in the Urban County CDBG entitlement program; and further, the City shall not
be eligible to participate in the HOME and ESG programs except through the
Urban County.
4. The City may participate in a HOME Program only through the County. Thus,
even if the County does not receive a HOME formula allocation, the City cannot
form a HOME consortium with other local governments.
5. The term of this Agreement shall commence on July 1, 2015, the beginning date
of this new Urban County Qualification Period, which will end on June 30,2018.
After this three (3) year Qualification Period ends, this Agreement will
automatically renew for another period of three(3) years,unless the City provides
written notice at least 60 days prior to the end of the term that it elects not to
participate in a new qualification period. A copy of that notice must be sent to the
HUD Field Office. Before the end of the first three-year term, the County will
notify the City in writing of its right not to participate in the Urban County for a
successive three-year term.
The parties agree to adopt amendments to this Agreement incorporating changes
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Exhibit A
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(7'
necessary to meet the requirements for cooperation agreements set forth in the
Urban County Qualification Notice by HUD, prior to the subsequent year
extension of the tem. Any amendment to this Agreement shall be submitted to
HUD as required by the regulations and any failure to adopt required amendments
will void the automatic renewal of the Agreement for the subsequent three-year
term.
6. 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
under this Agreement and appropriations from any program income therefrom and
for the completion of the funded activities. The County and City agree that they
cannot terminate or withdraw from this Agreement while it remains in effect.
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.
•
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, as amended,
including 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, which incorporates Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, affirmatively
furthering fair housing, Section 3 of the Housing and Urban Development Act of
1968,the Fair Housing Act,the Act,and all other applicable laws and regulations.
7. The City and County agree that CDBG and HOME funding is prohibited for any
activities in or in support of any cooperating City that do not affirmatively further
fair housing within its own jurisdiction or that impede the County's action to
comply with its fair housing certification.
8. Pursuant to 24 CFR 570.501 (b),the City is subject to all requirements applicable
to subrecipients, including the requirement of a written agreement as set forth in
24 CFR 570.503.
9. The City shall report to the County of any income generated by the use of CDBG
or HOME funds received by the City. Any such program income must be
remitted to the County within 30 days of receipt if applicable. Such program
income may be used for eligible activities in accordance with all CDBG and
HOME requirements as may then apply.
10. 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 record-keeping and reporting for this purpose.
11. In the event of grant close-out or termination of this Agreement, any program
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Exhibit A
Page 3 of 8
income that is on hand or received subsequent to the close-out or change in status
shall be paid to the County within 60 days after grant close-out.
12. All program income 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 subject to all the terms and
conditions of this Agreement,particularly Sections 6 through 11.
13. 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 in excess of$25,000, 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 the acquisition or improvement. Such notification shall be
made prior to the modification,change in use or disposition.
•
b. If such real property is sold within five (5) years or transferred for a use
which does not qualify as an eligible activity under CDBG and/or HOME
regulations, the City shall reimburse to the County an amount equal to the
•
pro-rata share of the current fair market value of the property or proceeds
from the sales. The pro-rata share shall be calculated by multiplying the
current market value by the percentage of the purchase price paid with
CDBG funds or program income.
14. The City shall make available for inspection and audit to County's and HUD's
representatives, upon request, at any time during the duration of this Agreement
and for a period of five(5)years thereafter, all of its books and records relating to
CDBG and HOME program activities and income.
15. Following the end of the three-year reimbursable contract period and after
resolving any financial or programmatic findings, if a City elects to leave the Los
Angeles County Grant Program, and is not eligible to become an entitlement City,
the City will be unable to request that its allocation or any remaining balance be
transferred to the City. Any remaining balance will be transferred to the funding
pool of the Supervisorial District in which the City is located.
16. The City has adopted and is enforcing:
a. 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
b. 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.
17. The City shall or shall continue to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful
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Exhibit A
Page 4 of 8
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.
b. Establishing an ongoing drug-free awareness program to inform
employees about:
i The dangers of drug abuse in the workplace;
ii The City's policy of maintaining a drug-free workplace;
iii. Any available drug counseling, rehabilitation, and employee
assistance programs; and
iv The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
c. 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"a"of this Section 17.
d. Notifying the employee in the statement required by paragraph "a"of this
Section 17 that, as a condition of employment funded by the CDBG and/or
HOME grant,the employee will:
i Abide by the terms of the statement;and
ii 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(5)calendar days after such conviction.
e. Notifying the County in writing, within ten (10) calendar days after
receiving notice under subparagraph d(ii) of this Section 17 from an
employee or otherwise receiving actual notice of any 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
officer or other designee who processed a CDBG or HOME grant which
funded any activity on which the convicted employee was working,unless
HUD has designated an identification number(s)of each affected grant.
f. Taking one(1)of the following actions,within thirty(30) calendar days of
receiving notice under subparagraph d(ii) of this Section 17, with respect
to any employee who is so convicted:
i 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
ii Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purpose by a federal, State, local health, law enforcement, or other
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• • grrr f..
appropriate agency.
g. Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs a, b, c, d, e, and f, of this Section
17.
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Exhibit A
Page 6 of 8
•
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has
caused this Agreement to be subscribed by the Executive Director of the Community Development
Commission of the County of Los Angeles, and the City has subscribed the same through its duly
authorized officers,on the day,month,and year first above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws, and that the 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.
By: e-% )1:41A-1111ek-e—Z.— W 2-)
l'
y
Deputy Coun unsel Date
COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES
,Pior
,.._....
By By "
C �
SEAN ROGAN, :+ ecutive Director MAYO OR DESIGNEE
Community Development Commission
of the County of Los Angeles •
ATTEST:
City Clerk
Byt_ _ i
APPROVED AS TO FORM: APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
By By
Deputy City Attorney
Revised 03/2014
Resolution No.2014-24
Exhibit A
Page 7 of 8
• CERTIFICATION OF UNDERSTANDING CONCERNING
PROHIBITION OF EXCHANGE OF CDBG FUNDS
• I CERTIFY THAT I HAVE READ AND UNDERSTAND COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) BULLETIN NO. 12-0027, DISCONTINUANCE OF THE CDBG FUNDS
EXCHANGE OR TRANSFER POLICY, DATED NOVEMBER 6, 2012, AND AGREE THAT NO
CDBG FUNDS MAY BE EXCHANGED OR'TRANSFERRED BETWEEN ANY JURISDICTION. I
ALSO AGREE THAT ALL OTHER PROVISIONS OF THE COOPERATION AGREEMENT
REMAIN IN FULL EFFECT.
COUNTY OF LOS ANGELES CITY OF RANCHO PALOS VERDES. •
By hObnBy
• R AN,Execu!i ► ector MAYOR R DESIGNEE
1 • •• •,unity Development Commission
•
of the County of Los Angeles
ATTEST: 0
City Clerk
By - _ . -4. ..� t. 104 3a 14
. .. ;..
Date° , .
•
APPROVED AS TO FORM: APPROVED AS TO FORM:
JOHN F.KRATTLI
County Counsel
By Zolkft2By �---
Deptrey City Attorney
Resolution No.2014-24
Exhibit A
Page 8 of 8