CC RESOLUTION 3970RESOLUTION NO. gyp_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, AUTHORIZING
CONTINUED PARTICIPATION IN THE LOS ANGELES
• COUNTY'S COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
WHEREAS, the current Cooperative Agreement between the City of El
Segundo and the Council of Los Angeles for participation in the Community
Development Block Grant Program will expire on June 30, 1997; and
WHEREAS, the County of Los Angeles is requesting execution of a new
Cooperative Agreement to cover the period from July 1, 1997 through June 30,
2000; and
WHEREAS, the new July 1, 1997 through June 30, 2000 Cooperative
Agreement also includes participation in the HOME Investment Partnerships
Programs ( "HOME ") and Assisted Housing Programs; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El
Segundo authorize the Mayor and City staff to execute the required Cooperative
Agreement.
The City Clerk shall certify to the passage and adoption of this Resolution;
shall enter the same in the book of original Resolutions of said City; and shall make a
minute of passage and adoption thereof in the record of the proceedings of the City
Council of said City, in the minutes of the meeting at which the same is passed and
adopted.
PASSED, APPROVED AND ADOPTED this 21st day of MAY, 1996.
Sandra Jacob , ayor
of the City ofEl Segundo,
California
A'TT'EST:
indy K4qpfes6, Ci Clerk
City of El Segundo (SEAL)
APPROVED AS TO FORM:
Leland C. Dolley, City Attorney
• CERTIFICATION
• STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. 3970 was duly passed and
adopted by the said City Council, approved and signed by the Mayor or said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 21st day of May, 1996, and the same was so passed and adopted by the following
vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon.
isNOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 29th day of May,
1996.
I OR S
✓ City Clerk of the
f City of El Segundo,
. California
(SEAL)
COUNTY OF LOS ANGELES 70189
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, _
ROME INVESTMENT PARTNERSHIPS PROGRAM AND �w►[(%It
ASSISTED HOUSING PROGRAMS
PARTICIPATING CITY 2441
COOPERATION AGREEMENT
THIS Agreement is made and entered into this 1st day of July,
1997, by and between the City of El Segundo, hereinafter referred
to as nCity ", and the County of Los Angeles.
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
(NARA) and the U.S. Housing Act of 1937, as amended, hereinafter
collectively referred to as the "Act "; and
WHEREAS, County Counsel has advised 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 of Los Angeles and its instrumentalities including
the Housing Authority by 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 1997 -1999 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
requirements 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 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 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 1997, 1998
and 1999 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, 2000 except as a
result of action by the United States Department of Housing and
Urban Development. 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.
2.
3.
4.
5.
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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;
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.
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 l of
this Section 16.
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;
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. Taking one of the following actions, within 30
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 EL SEGUNDO COUNTY OF LOS ANGELES
BY B� =i i
MAYOR Chair, Board of Superstso
ATTEST: ATTEST:
• City Clerk JOANNE STURGES k�
Executive Officer
Clerk of the Board of SuperV,
By BY
Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney DE WITT W. CLINTON
County Counsel
BY Y By ! .
J Deputy
24 1990
JOANNE STURGEs
EXECUTIVE OFFICER
• LW /COOP -A
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