HomeMy WebLinkAboutCC Resolution 8967 (CDBG 1993-96)RESOLUTION NO. 9967
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF
MARIN (3 -Year Agreement - 9/30/93 through 9/30/96)
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 the San Rafael approves and authorizes the Mayor to execute, on behalf
of the City of San Rafael, a three-year Cooperation Agreement with the
County of Marin for the Community Development Block Grant and HOME
Programs, and that the City of San Rafael hereby adopts the policies included
in the Cooperation Agreement, attached hereto as Exhibit A.
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 21 st day of June, 1993, by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk
UiRIGINA1
EXHIBIT A
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this day of , 1993,
by and between CITY of SAN RAFAEL hereinafter referred
to as "City" and COUNTY OF MARIN, hereinafter referred to as "County."
W I T N E S S E T H
WHEREAS, CITY of SAN RAFAEL .is a duly constituted
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
Partnership Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:_
1. 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 September 30, 1993, and be in effect
until terminated, but termination may not occur before September 30,
1996. In any event, this agreement shall remain in effect until the
Community Development Block Grant and HOME Investment Partnership Program
funds from appropriations for federal fiscal years 1994, 1995, and 1996
and any program income received with respect to 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.
2. Upon certification of Marin County, including all or a portion of the
incorporated cities, as an "urban county" for federal fiscal years 1994,
1995, and 1996, under the Housing and Community Development Act of 1974,
as amended, and applicable rules and regulations adopted pursuant
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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 Statement of Community Development
Objectives and Projected 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
Partnership 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.
In preparing its proposed plans, project priorities, Proposed Statement,
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 Final Statement 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 projects and filing the Final Statement and
other documentation with 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 Partnership 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.
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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 the Department of Housing and
Urban Development 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 "plainly inappropriate" to County's stated needs and
objectives or ineligible by the Department of Housing and Urban
Development, 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. 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, 1996. Subsequent urban county qualification periods will
end September 30 on every third year following that date.
5. 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.
6. 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 Partnership funds from Federal Fiscal Years 1994,
1995, and 1996 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.
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7. The County and all 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 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 its fair housing certification shall be prohibited.
Pursuant to 24 CFR 570.501(b), the city is subject to the same
requirements applicable to subrecipients, including the requirement of a
written agreement set forth in 24 CFR 570.503.
8. 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 Partnership Program
requirements as may then apply. County has the responsibility for
monitoring and reporting to the United States Department of Housing and
Urban Development 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.
9. 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.
b. 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.
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10. The parties hereto. agree that the final responsibiiity 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 Final Statements
and other required documentation rests with County, as required by the
Housing and Community Development Act of 1974, as amended.
11. 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 is
participating in the urban county's Community Development Block Grant
Program; and that it may not participate in a HOME consortium except
through the urban county, regardless of whether the urban county receives
a HOME formula allocation.
12. The cooperating unit of general local government 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.
IN WITNESS WHEREOF, the parties have executed the above instrument on the day
and year first above written.
COUNTY OF MARIN
By.
Bo Roumiguiere, Chairman
Board of Supervisors
ATTEST:
CITY OF SAN RAFAEL
By:
Mayor
ATTEST:
Cler�ofhe B.rd U11-1
MASTER FORM APPROVED AS TO FORM:
Cy
Vabert Ff. San Chez /
Deputy County Counsel.
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