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HomeMy WebLinkAboutCC Resolution 10419 (CDBG)RESOLUTION NO. 10419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN WHEREAS, it is mutually desired by the City of San Rafael and the County of Marin that they enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, in order to jointly undertake community development and housing assistance activities; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael approves and authorizes the Mayor to execute, on behalf of the City, a three-year Cooperation Agreement with the County of Marin for the Community Development Block Grant and HOME Programs, and that the City hereby adopts the policies included in the Cooperation Agreement. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the seventh day of June, 1999, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Com. A . JEANNE M. LEONCINI, City Clerk ORIGINAL oN' COOPERATION AGREEMENT THIS AGREEMENT, entered into this (vim day of U L y , 1999, by and between CITY OF SAN RAFAEL , hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter referred to as "County." WITNESSETH WHEREAS, CITY OF SAN RAFAEL is a duly constituted municipal corporation under the laws of the State of California, and is empowered thereby to undertake essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is also empowered by State law to undertake essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to jointly exercise any power common to both; and WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in accord with the Housing and Community Development Act of 1974, as amended, and applicable Federal rules and regulations adopted pursuant thereto, whereby the parties shall jointly undertake community development and housing assistance activities, including those funded by the Community Development Block Grant Entitlement Program and the HOME Investment Partnerships Program (HOME). NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, pursuant to the Housing and Community Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as amended. This Agreement shall become effective October 1, 1999, and be in effect until terminated, but termination may not occur before September 30, 2002. In any event, this agreement shall remain in effect until the Community Development Block Grant and HOME Investment Partnerships Program funds from appropriations for federal fiscal years 2000, 2001, and 2002 and any program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. Neither County nor City may terminate or withdraw from this Cooperation Agreement while it remains in effect. Upon certification of Marin County, including all or a portion of the incorporated cities, as an "urban county" for federal fiscal years 2000, 2001, and 2002, under the Housing and Community Development Act of 1974, as amended, and applicable rules and regulations adopted pursuant thereto, a Priority Setting Committee shall be formed consisting of one (1) representative designated by each of the participating cities and one (1) representative designated by the Board of Supervisors. Each representative shall have equal voting rights on the Committee. The Committee shall prepare a proposed budget for the use of funds, and any other documentation required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program and the HOME Investment Partnerships Program, including, but not limited to, a list of specific projects to be undertaken and priorities for implementation for both housing and community development projects. 'PLICATE 101--t.1 01GINAL 2 In preparing its proposed plans, project priorities, proposed budget, and other documentation, the Committee shall disseminate complete information to citizens of Marin County concerning its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on community development and housing needs; and shall provide citizens with adequate opportunity to participate in the development of programs and priorities. To ensure adequate participation in the planning process, six subregional citizen participation/planning areas will be designated which will include the cooperating incorporated cities as well as adjacent unincorporated areas. These will be the Richardson Bay Planning Area, the Lower Ross Valley Planning Area, the Upper Ross Valley Planning Area, the Novato Planning Area, the San Rafael Planning Area, and the West Marin Planning Area. Each year, a minimum of one workshop or public hearing shall be conducted within each citizen participation/planning area by a panel consisting of one (1) representative designated by the Board of Supervisors and one (1) representative designated by each of the participating cities located within the planning area. Upon completion of planning area and Priority Setting Committee deliberations, the proposed budget and other documentation shall be submitted to the Marin County Board of Supervisors for review and approval. The Marin County Board of Supervisors will have final responsibility for selecting Community Development Block Grant (CDBG) and HOME activities and submitting the Consolidated Plan and other documentation to HUD. 3. After deduction of administrative expenses, forty percent (40%) of the net Community Development Block Grant monies and one hundred percent (100%) of the net HOME Investment Partnerships Program monies allocated annually to the County of Marin as an "urban county" under the Housing and Community Development Act of 1974, as amended, shall be allocated for housing purposes on a countywide basis. Distribution of such funds will be made by the Board of Supervisors, on recommendation of the Priority Setting Committee. Such distribution will be consistent with HUD guidelines and evaluation criteria developed by participating cities and the county, to ensure consistency and facilitate implementation of countywide housing goals. The remaining sixty percent (60%) of the net Community Development Block Grant urban county allocation shall be suballocated to the interjurisdictional citizen participation/planning areas according to the general distribution formula established by HUD based on the latest available countywide data on population, the extent of poverty, and the extent of housing overcrowding, with the provision that the extent of poverty be counted twice. However, a different distribution is hereby expressly authorized if and when necessary to comply with Title I of the Housing and Community Development Act of 1974, as amended. If any project submitted by County as a portion of the Community Development Block Grant documentation is found to be ineligible by HUD, the proposed project shall not be funded. In such an event, the County, acting in concert with the Priority Setting Committee and the affected citizen participation/planning area panel, may submit an alternative priority project which is within the original cost and in line with the stated needs and objectives of County, provided such a resubmission conforms with the rules and regulations of the Department of Housing and Urban Development for the administration of Title I of the Housing and Community Development Act of 1974, as amended. 4. For any CDBG Planning Area which includes a city with a population of 50,000 or more (according to population estimates issued by the U.S. Department of Housing and Urban Development), the system described above for allocation of CDBG funds in that Planning Area will, at the option of the largest city in the Planning Area, be modified as follows: 3 The City Council of the largest city in the Planning Area, rather than a panel consisting of one representative designated by the Board of Supervisors and one representative designated by each of the participating cities located within the planning area, will prepare the proposed list of projects for the use of (a) that Planning Area's funds, and (b) that Planning Area's "proportional share" of CDBG Countywide Housing funds. "Proportional share" shall be defined as the same proportion by which Planning Area funds are distributed among the Planning Areas according to the formula described in Paragraph 3 of this Agreement. The City Council will establish its own system for setting local funding priorities, but its process for selecting projects must include a public hearing. The City Council must consider the needs of all eligible persons who reside within the planning area, including those outside city limits, but will not be subject to any quotas with regard to the type or location of projects. The Priority Setting Committee will recommend allocation of HOME funds on a countywide basis, but may restrict the CDBG Countywide Housing funds remaining under its jurisdiction to planning areas not implementing the provisions of this paragraph. City may terminate its participation in this Cooperation Agreement and membership on the Priority Setting Committee by a single majority vote of its governing body. Such termination shall take effect only at the end of the federal three-year urban county qualification period in which the action is taken. The next such qualification period will end September 30, 2002. Subsequent urban county qualification periods will end September 30 on every third year following that date. However, City may void this Cooperation Agreement by written notice received by the Director of the Marin County Community Development Agency, 3501 Civic Center Drive, Room 421, San Rafael, California 94903, prior to the completion of the urban county requalification process for Fiscal Years 2000, 2001, and 2002, if City is advised by HUD that City is eligible to be designated as a metropolitan city entitled to Community Development Block Grant formula funding and City elects to accept designation as a metropolitan city. If this Cooperation Agreement is not voided by City prior to July 16, 1999 (or a later date if approved in writing by HUD) under the circumstances listed in the previous sentence, City must remain a part of the urban county for the entire three-year urban county qualification period. 6. Any public housing to be located in City and which under the Constitution of the State of California requires approval of the voters shall not be approved unless it receives a favorable majority of the voters of City. 7. Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall be the primary general-purpose local governmental unit under the Housing and Community Development Act of 1974, as amended. It shall be the responsibility of County to apply for grants, to administer all funds received, and to undertake or assist in undertaking essential community development and housing assistance activities. County shall have the authority to carry out activities which will be funded from annual Community Development Block Grants and from HOME Investment Partnerships Program funds from Federal Fiscal Years 2000, 2001, and 2002 appropriations and from any program income generated from the expenditure of such funds. Records shall be kept by County in accordance with approved accounting procedures, and said records shall be available for public inspection at all times. County, City, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the 4 Civil Rights Act of 1968, Executive Order 11988, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. Use of urban county funds for 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 actions to comply with the county's fair housing certification shall be prohibited. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement described in 24 CFR 570.503. City shall inform County of any income generated by the expenditure of Community Development Block Grant funds and HOME Investment Partnership Program funds received by City. Any such program income shall be paid to County for use for eligible activities in accordance with all Community Development Block Grant and HOME Investment Partnerships Program requirements as may then apply. County has the responsibility for monitoring and reporting to HUD on the use of any such program income, thereby requiring appropriate recordkeeping and reporting by City as may be needed for this purpose. In the event of close- out or change in status of City, any program income that is on hand or received subsequent to the close-out or change in status shall be paid to County. 10. The following standards shall apply to real property acquired or improved in whole or in part using Community Development Block Grant funds that is within the control of a participating City. a. City shall give County timely notification of any modification or change in the use of the real property from that planned at the time of acquisition or improvement including disposition. City shall reimburse County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of funds other than Community Development Block Grant or HOME) of property acquired or improved with Community Development Block Grant funds that is sold or transferred for a use which does not qualify under the Community Development Block Grant regulations. C. City shall pay to County any program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termination of the cooperation agreement between County and City. Any program income shall be allocated by County for eligible activities in accordance with all Community Development Block Grant requirements as may then apply. 11. The parties hereto agree that the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting Community Development Block Grant and HOME activities, and filing the Consolidated Plan and other required documentation rests with County, as required by the Housing and Community Development Act of 1974, as amended. 12. By executing this Community Development Block Grant Program Cooperation Agreement, City understands that it may not apply for grants under the Small Cities or State Community Development Block Grant Programs from appropriations for fiscal years during the period in which it participates in the urban county's Community Development Block Grant Program; that it may participate in a HOME Program only through the urban county; and that it may not participate in a HOME consortium with other local governments except through the urban county, regardless of whether the urban county receives a HOME formula allocation. 13. The cooperating unit of general local government 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. The phrase "cooperating unit of general local government" has the same meaning in this Cooperation Agreement as it does in HUD Notice #CPD 99-03. IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first above written. COUN OF MARIN �ose, �Presiden: Board of Supervisors ATTEST: CITY OF SAN RAFAEL By: f' 1 bOr- t J. Bo�9! Mayor ATTEST: Marie Green Jea�eoncini, Deputy Clerk of the Board City Clerk MASTER FORM APPROVED AS TO FORM: David L. Zatts n Depu ounsel County of Marin E \Roy's Docs\GENERAL\COOP\1999\99coop-Rev (5-27-99 Revision Of 1999 City -County Cooperation Agreement) Doc/rb