HomeMy WebLinkAboutCC Resolution 5168 (Housing Community Development Act)RESOLUTION N0. 5168
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael a lease or agreement with
OUNTY OF MARIN (Amended Cooperation Agreement -
Housing Community Development Act of 1974)
A copy of which is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, City 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 16th day of August
19 76 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY - City Clerk
AMENDED COOPERATION AGREEMENT
THIS AGREEMENT, entered into this 4th day of February, 1976, by and
between the CITY OF SAN RAFAEL, hereinafter referred to as "City", and
the COUNTY OF MARIN, hereinafter referred to as "County".
WITNESSETH:
WHEREAS, the CITY OF SAN RAFAEL is a duly constituted corporation under
the laws of the State of California, and is empowered thereby to undertake
community renewal and lower income housing activities; and
WHEREAS, the COUNTY OF MARIN is a duly constituted subdivision
of the State of California, and Is also empowered by State law to under-
take community renewal and lower income housing activities; and
WHEREAS, Government Code Sections 6500, et seq. authorize two or
niore public agencies to jointly exercise any power common to both; and
WHEREAS, it is mutually desirable, by the parties hereto to enter
into a Cooperation Agreement, in accord with the Housing and Com-
munity Development Act of 1974 and applicable Federal rules and regu-
lations adopted pursuant thereto, whereby the parties shall jointly
undertake community renewal and lower income housing activities,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE SAN RAFAEL CITY COUNCIL
as f ollows :
1. The parties hereto agree to cooperate in undertaking, or assisting
in undertaking, essential community development and housing
assistance activities, specifically urban renewal and publicly assisted
housing, pursuant to the Housing and Community Development Act of 1974.
2. Upon certification of Marin County, including all or a portion of
the incorporated cities, as an "urban county" under the Housing
and Community Development Act of 1974 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
each of the Board of Super -visors. Each representative shall have equal
voting rights on the Committee. The Committee shall prepare a proposed
Housing Assistance Plan and Community Development Plan and budget,
including specific projects to be undertaken and priorities for Implemen-
tation for both housing and redevelopment projects. The Plan shall Include:
(a) A statement of short- and long-term community needs and
objectives.
(b) A strategy to prevent community deterioration and to pro-
vide community development facilities and public Improve-
ments.
(c) Local surveys of the conditions of the local housing stock
and the housing assistance needs of lower Income persons
in the community.
(d) An annual goal for assisted housing units, specifying the
number of dwelling units or persons to be assisted.
(e) Identification of general locations of proposed assisted
housing.
Amended Cooperation Agrec ent
February 4, 1976
PAGE 2
In preparing Its plans and project priorities, the Committee shall
disseminate complete information to citizens of Marin County con-
cerning its proposals and alternatives; shall conduct public hearings
to obtain the view of citizens on community development and housing
needs; and shall provide citizens an adequate opportunity to parti-
cipate in the development of programs and .)riorities . Upon completion
of its deliberations, the Plan and program shall be submitted to the City
Councils of the participating cities and to the Board of Supervisors for
review. Each City Council shall have veto power over any proposed
project within its boundaries, and the Board of Supervisors shall have
similar veto power over any project proposed for the unincorporated
area of the County. Each City Council and the Board of Supervisors
shall exercise its veto power only in that period prior to submission
of a plan and funding application to the Department of Housing and
Urban Development.
3. City shall receive a yearly allocation from the monies allocated
to COUNTY OF MARIN as an "urban county" under the Housing and
Community Development Act of 1974. City's portion of the total urban
county allocation shall be the general distribution formula estab-
lished by the Department of Housing and Urban Development consisting
of population, the extent of poverty, and the extent of housing over-
crowding 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 1 of the Housing and
Community Development Act of 1974. If a project proposed by City and
submitted by County as a portion of the Community Development plan
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 may not be funded. In such an event,
City may be notified by County, and City may have the opportunity of
submitting a project which is within the original cost and in line with
the stated needs and objectives of County, provided such a resubmission
conforms with Section 370.306 of the Housing and Urban Development
Rules and Regulations for the administration of Title I of the Housing and
Community Development Act of 1974. When a City project is submitted as
a portion of the Community Development Plan of Marin County and is not
funded by the Department of Housing and Urban Development, the cost
associated with that project shall not be deducted from the aggregate
amount available to City during the first three years of the program.
4. The percentage resulting from the computations in Section 3 with
respect to City's allocation shall be applied to the full entitle-
ment amount for Marin County under Its designation as an "urban county"
and shall not be applied against the total County allocation minus that
amount designated as "hold harmless" monies for County.
5. All areas annexed to or otherwise incorporated within City since the
1970 census shall be included within the computations specified under
Section 3.
6. While the allocation may be stated on a yearly basis, in order to
facilitate county -wide implementation of the goa is of the Housing
and Community Development Act of 1974, City may state its willingness
to forego a direct allocation within a program year. This in no way would
jeopardize City's right to the aggregate allocation as defined elsewhere
within this Agreement.
Amended Cooperation Agreement
February 4, 1976
PAGE 3
7. The parties hereto agree that this Cooperation Agreement shall be a cont-
inuing agreement, but that in order to meet Federal Guidelines issued
pursuant to the Housing and Community Development Act of 1974 and
interpretation thereof by the U. S. Department of Housing and Urban
Develop ment, an annual ratification of this Cooperation Agreement will be
made by both parties. Such ratification shall require a simple majority vote
of both the City Council and Board of Supervisors prior to the beginning of
each subsequent program year.
8. 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. When City exercises this option, it shall not be liable
for any acts under this Cooperation Agreement subsequent to City's termination.
Such termination shall take effect only at the end of the program �e ar in which
the action is taken.
9. 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 and
shall not be determined by decision of County nor by the decision of the
City Council.
10. Pursuant to this 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. It shall be
the responsibility of County to apply for grants and to administer all funds
received. Records shall be kept by County in accordance with approved
accounting procedures, and said records shall be available for public
inspection at all times.
The parties hereto agree that the ultimate responsibility for analyzing needs,
setting objectives and developing plans and programs for community development
and housing assistance rests with County, as required by the Housing and
Community Development Act of 1974.
IN WITNESS WHEREOF, the parties have executed the above instrument on the
day and year above first written.
CITY OF SAN RAFAEL
MAYOR
ATTEST:
CITY CLERK
COUNTY OF MARIN
go
ATTEST:
COUNTY CLERK
CHAIRMAN, BOARD OF SUPERVISO]