CC Resolution 1987-018,5 RESOLUTION NO. 87-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AUTHORIZING AN AGREEMENT WITH RIVERSIDE COUNTY
CONCERNING THE URBAN COUNTY CDBG PROGRAM.
WHEREAS, the Housing and Community Development Act of 1974, as
amended by the Housing and Urban Rural Recovery Act of 1983, provides
that grant funds may be used for the development of viable urban
communities by providing decent housing and a suitable living
environment and by expanding economic opportunities principally for
persons of low and moderate income; and
WHEREAS, Riverside County represents that it is qualified as an
Urban County'1 under said Act; and
WHEREAS, Riverside County has extended to the City an opportunity
to enter into a cooperative agreement for participation in an Urban
County Community Development Block Grant Program; and,
WHEREAS, the City of La Quinta, California has previously
engaged in such a cooperative arrangement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of La Quinta, California does hereby elect to enter into a
three-year cooperative agreement with Riverside County for
participation in an Urban County CDBG Program.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute an
agreement with Riverside County on behalf of the City of La Quinta,
California for the purposes of said Act and Program.
PASSED, APPROVED and ADOPTED at a regular/special) meeting of
the La Quinta City Council, held on this 7th day of
April 1987, by the following vote, to wit:
AYES: Council Members Bohnenberger, Pena, Sniff and Mayor Hoyle.
NOES: None.
ABSENT: Council Member Cox. 1
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ABSTAIN: None.
MA OR
ATTEST: APP ED AS T FORM:
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,5 1 COOPERATION AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IMPLEMENTING
2 THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AS AMENDED BY
3 THE HOUSING AND URBAN RURAL RECOVERY ACT OF 1983
4
5 COUNTY OF RIVERSIDE of the State of California, herein-
6 after referred to as COUNTY," and the CITY OF LA QUINTA
7 an incorporated municipality within the geographical bou*daries of
8 the COUNTY, hereinafter referred to as CITY," mutually agree as
9 follows:
10 1. GENERAL.
11 The Housing and Community Development Act of 1974, as
12 amended by the Housing and Urban Rural Recovery Act of 1983g
13 hereinafter referred to as the Act," provides that grant funds may
14 be used for the development of viable urban communities by
15 providing decent housing and a suitable living environment and by
16 expanding economic opportunities principally for persons of low and
17 moderate income.
18 COUNTY is qualified as an Urban County' under the Act.
19 CITY, by executing this Agreement, hereby gives notice of its
20 election to participate in an Urban County Community Development
21 Block Grant program*, hereinafter referred to as CDBG p'?oqrams."
22 Therefore, COUNTY and CITY hereby agree to cooperate or to assist
23 in undertaking community renewal and lower income housing
24 assistance activities, specifically urban renewal and publicly
25 assisted housing.
26 2. TERM.
27 The term of this Agreement shall be for not less than a
28 period of three 3) years commencing on the date specified below
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1 and extending through the federal fiscal years FY 67-88, FY 88-89,
2 and FY 89-90.
3 3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS
4 COUNTY, by and through its Department of Economic and
5 Community Development, subject to approval of COUNTY'S Board of
6 Supervisors, shall be responsible for preparing and submitting to
7 the Department of Housing and Urban Development, hereinafter
8 referred to HUD,u in a timely manner those reports and statements
9 required by the Act and the federal regulations promulgated by HUD
10 to secure entitlement grant funding under the CDBG program.
11 4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND OTHE
12 APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.
13 COUNTY and CITY will comply with the applicable provisions
14 of the Act and those federal regulations promulgated by HUD
15 pursuant thereto, as the same currently exists or may hereafter be
16 amended. Title 42 United States Code SS5301, et seq., and Title
1? 24 Code of Federal Regulations Part 570.) In addition, COUNTY and
lB CITY will comply with Title VI of the Civil Rights Act of 1964 42
19 U.S.C. SS2aOOd, et seq.); Title VIII of the Civil Rights Act of
20 1968 42 U.S.C. SS3601, et seq.); Section 109 Title I of the
21 Housing and Community Development Act of 1974 42U.S.C. S5309);
22 Executive Order 11063, as amended by Executive Order 12259; Section
23 109 of the Act of the National Environmental Policy Act of 1969 42
24 U.S.Cb 5S4321, et seq.); the Uniform Relocation Assistance and Real
25 Property Acquisition Policies Act of 1970 42 U.S.C. 5S4630, et
26 seq.) and any other federal or state statute or regulation that is
27 applicable to use of entitlement grant funds.
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,5 1 5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.
2 Policy and program objectives as required by applicable
3 federal regulations or for the efficient administration of the CDBG
4 program will be adopted by COUNTY's Board of Supervisors and COUNTY
5 and City will adhere to said policy and program objectives. Prior
6 to adoption of said policy and program objectives or adoption of
7 amendments thereto1 CITY will be notified of the policy or program
8 objectives and be permitted to review and comment thereon before
9 any final action is taken by COUNTY'S Board of Supervisors.
10 6. SUPPLEMENTAL AGREEMENT.
11 For each fiscal year during the term of this Agreement,
12 COUNTY and CITY shall enter into a Supplemental Agreement that will
13 have a term coinciding with said fiscal year and enumerate the
14 project(s) CITY will implement with its entitlement funds. Said
15 Supplemental Agreement will set forth the time schedule for
16 completion of said project(s) and any funding sources, in addition
17 to entitlement funds, that will be used in completing the
18 project(s). If substantial compliance with the completion schedule
19 due to unforeseen or uncontrollable circumstances, cannot be met by
20 CITY, the schedule for the project(s) may be extended. If
21 substantial progress toward completion of a project(s) is not made
22 during the term of the Supplemental Agreement, the entitlement
23 funds associated with the project(s) may be reprogrammed by COUNTY
24 after* appropriate notice is given CITY.
25 COUNTY's decision not to extend the completion schedule
26 associated with the project(s) or to reprogram the entitlement
27 funds associated with the project(s) will not excuse CITY from
28 complying with terms of this Agreement nor will said decision
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,5 1 render CITY ineligible from securing entitlement funds in future
2 fiscal years governed by this Agreement.
5 7. DETERMINATION OF PROJECTS TO BE FUNDED AND DISTRIBUTION
4 OF ENTITLEMENT FUNDS.
5 CITY will, prior to the commencement of a fiscal year,
6 designate those projects that it desires to implement with its
7 entitlement funds. Said designation is to be reviewed by the
8 COUNTY'S Department of Economic and Community Development to
9 determine that the project is eligible under federal regulations
10 for funding and consistent with both federal and COUNTY policy
11 governing use of Community Development Block Grant CDBG) funds.
12 COUNTY's Board of Supervisors will, consistent with
13 Paragraphs 3, 4, 5, 6 and 7 of this Agreement determine the
14 distribution and disposition of all CDBG funds received by COUNTY
15 pursuant to the Act.
16 8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.
17 CITY warrants that those officers, employees and agents
18 retained by it and responsible for implementing those projects
19 funded by CDBG funds have received, reviewed and will follow the
20 Community Development Block Grant Manual that has been prepared by
21 COUNTY and, by this reference, said Manual is incorporated herein
22 and made a part hereof.
23 9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY CONSTRUCTED
24 WITH CDBG FUNDS.
25 When CDBG funds are used, in whole or in part, by CITY to
26 acquire real property or to construct a public facility, CITY will
27 comply with the National Environmental Policy Act of 1969 42
281 U.S.C S*432l, et seq.), the California Environmental Quality Act
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,5 1 Cal. Pub. Resources Code 5S21000, et 8eq.), the Uniform Relocation
2 Assistance and Real Property Acquisition Policies Act of 1970 42
3 U.S.C. 5S46301 et seq.), California Government Code Sections 7260,
4 et seq.1 and the Housing Policy for the Community Development Block
5 Grant Program adopted by COUNTY and attached hereto marked as
6 Exhibit *A,' and by this reference made a part hereof.
7 In addition, the following is to occur:
8 1) Title to the real property shall vest in CITY,
9 2) The real property will be held by or the constructed
10 facility will be maintained by the CITY for a minimum period of 20
*1 years:
12 3) While held by CITY, the real property or the
13 constructed facility is to be used exclusively for the purpose for
14 which acquisition or construction was originally approved by COUNTY
15 4) Written approval from COUNTY must be secured if the
16 property or the facility is to be put to an alternate use that is
17 consistent with federal regulations governing CDBG funds;
18 5) Should CITY desire during the 20-year period to use
19 the real property or the constructed facility for a purpose not
20 consistent with applicable federal regulations governing CDBG funds1
21 or to sell the real property or facility, then:
22 a) If CITY desires to retain title, it will have to
23 reimburse either COUNTY or the federal government an amount
24 that represents the percentage of current fair market value
25 that is identical to the percentage that CDBG funds comprised
26 monies paid to initially acquire the p*operty or construct the
27 facility; or
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,5 1 b) If CITY sells the property or facility or is
2 required to sell the property or facility1 CITY is to
3 reimburse either the COUNTY or the federal government an
4 amount that represents the percentage or proceeds realized by
5 the sale that is identical to the percentage that CDBG funds
6 comprised monies paid to initially acquire the property or
7 construct the facility. This percentage amount will be
8 calculated after deducting all actual and reasonable cost of
9 sale from the sale proceeds.
10 10. TERMINATION.
11 This Agreement may not be terminated by either CITY or
12 COUNTY.
13 11. FORMER AGREEMENTS UTILIZING COMMUNITY DEVELOPMENT
14 BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.
15 All agreements between CITY and COUNTY regarding the use of
16 CDBG funds for fiscal years 1975-76 through 1986-87 and any
17 supplemental agreements thereunder, shall remain in full force and
18 effect. If the language of this Agreement is in conflict or
19 inconsistent with the terms of any prior said agreements between
20 i CITY and COUNTY, the language of this Agreement will be controlling1
21 12. SUPERSESSION'?
22 Parties mutually agree that this Agreement supersedes and
23 replaces the Agreement dated November 24, 1981, that presently
24 exists between the parties.
25 13. LIABILITY.
26 COUNTY shall assume no liability for the negligence of CITY
27 or of any officer, employee or agent thereof, and CITY shall hold
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1 COUNTY free and harmless from any loss, damage or liability that
2 may arise out of the performance of this Agreement.
3 CITY shall indemnify COUNTY in the amount of any CITY
4 expenditure under this Agreement which is determined by HUD to be
5 improper, if such amount is charged against the COUNTY or withheld
6 from COUNTY'S share of funds under the Act.
7 CITY shall assume no liability for the negligence of COUNTY
8 or of any officer, employee or agent thereof, and COUNTY shall hold
9 CITY free and harmless for any loss, damage, or liability that may
10 arise out of the performance of this Agreement.
11 COUNTY shall indemnify CITY in the amount of any COUNTY
12 expenditure under this Agreement which is determined by HUD to be
13 improper, if such amount is charged against the CITY or withheld
14 from CITY's share of funds under the Act.
15 DATED: 1987.
16 ATTEST: COUNTY OF RIVERSIDE
17 GERALD A. MALONEY
Clerk of the Board
15 By:
Chairman, Board of Supervisors
19 Deputy
20 ATTEST: CITY OF LA QUINTA I
21 1 I /
22 By: * /*
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23 RONALD L. KIEDROWSKI, CITY CLERK WILLIA*1 R. HOYLE, MAYO*
24 MDL:injw
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25 244C
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