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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]