Loading...
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 /1/' ABSTAIN: None. MA OR ATTEST: APP ED AS T FORM: BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,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 ERALDJ **RUNG* COuN* * * 1 SLr*!* BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,5 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. 28 /1/ * I 2 BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,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 *(NAUJ G(fRU*G* 3 BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,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 * c(* 4 BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,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 28 /// GER*LDJ * BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,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 28 /1/ RALDJ G[E*Lj%** 6 BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02 ,5 I 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: * /* fr 23 RONALD L. KIEDROWSKI, CITY CLERK WILLIA*1 R. HOYLE, MAYO* 24 MDL:injw 3-9-81' 25 244C 26 27 28 *RAU) C*kr%fl It**t-- 7 Jr Ctjflbi CA- BIB] 06-18-1998-U01 10:20:56AM-U01 ADMIN-U01 CCRES-U02 87-U02 18-U02