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HomeMy WebLinkAboutResolution No. 02-C051RESOLUTION NO. 02_C51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE THREE-YEAR COOPERATION AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAM AND ASSISTED HOUSING PROGRAMS FOR 2003-2005 WHEREAS, the City of Azusa has participated in the Urban County of Los Angeles Community Development Block Grant Program since 1974; and WHEREAS, the City of Azusa has received Community Development Block Grant, HOME, and other assisted housing funding for various community development projects principally benefiting low -and - moderate income persons; and WHEREAS, the City desires to continue this cooperative relationship for another three-year period commencing July 1, 2003, through June 30, 2005. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa does hereby take the following actions: Section 1. Approves the three-year "County of Los Angeles Community Development Block Grant Program, HOME Investment Partnerships Program and Assisted Housing Programs Participating City 2003-2005 Cooperation Agreement" commencing July 1, 2003, through June 30, 2005. Section 2. Authorizes the Mayor or Designee to execute said agreement, and any amendments thereafter to said agreement, for transmittal to the County of Los Angeles. May _,2002. I HEREBY CERTI FY that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Azusa, at a regular meeting of said City Council held on the 6th day of May , 2002, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk A TOOPRE50 d.c HARDISON,STANFORD,ROCHA,CHAGNON,MADRID NONE NONE NONE / 0 0 COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAMS AND ASSISTED HOUSING PROGRAMS PARTICIPATING CITY 2003-2005 COOPERATION AGREEMENT THIS Agreement is made and entered into this I st day of July, 2003, by and between the City of Azusa, 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 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 -income, 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 U.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,jand this Agreement provides full legal authority for the County and its agents, 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: I. 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 -income, 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") funds from Federal Fiscal Years 2003-2005 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. 1 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. Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written Agreement set forth in 24 CFR 570.503. 8. The City shall inform the Countyof 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 reimbursed to the County. 11. 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 treated as described in Sections 6 through 10 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: (i) 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. (ii) 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 incomes. 0 0 14. This Agreement shall be effective for the period of time required for the expenditure of all applicable CDBG and/or HOME funds allocated to the City from federal Fiscal Years 2003-2005 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, 2006 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: (i) 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 (ii) 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: (i) 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; (ii) 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. (iii) 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 subparagraph (i) of this Section 16. (iv) Notifying the employee in the statement required by subparagraph (i) 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; (v) Notifying the County in writing, within ten calendar days after receiving noticeunder subparagraph (iv)(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. 0 0 (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b) of this Section 16, 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, or local health, law enforcement, or other appropriate agency. (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (i), (ii), (iii), (iv), (v), and (vi) of this Section 16. 0 0 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by the Executive Director of the Community Development Commission, and the Operating Agency has subscribed the same through its duly authorized officers, the day, month and year first above written CI7 ATTEST: YOR or DESIGNEE .0 COUNTY OF LOS ANGELES CARLOS JACKSON, Executive Director Community Development Commission of the County of Los Angeles APPROVED AS TO FORM: By t� City Attorney LW/COOP-2003-05 APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel Deputy