HomeMy WebLinkAboutCC Resolution 11791 (CDBG)RESOLUTION NO. 11791
RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION
OF A THREE-YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND HOME PROGRAM COOPERATIVE AGREEMENT
WITH THE COUNTY OF MARIN
(EFFECTIVE OCTOBER 1, 2005 AND TERMINATING OCTOBER 30, 2008)
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS it is mutually desired by the City of San Rafael and the County of
Marin that they enter into a Cooperative Agreement, in accordance with the Housing and
Community Development Act of 1974, as amended, in order to jointly undertake
community renewal and lower income housing assistance activities;
NOW, THEREFORE IT IS HEREBY 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, 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 Council of said City held on the 20th day of June, 2005, by the following
vote:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JeaMe M. Leoncini, City Clerk
all
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this day of , 2005, by and
between Citv 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 renewal and lower income housing assistance activities; 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 renewal and lower income housing
assistance activities; 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 renewal and lower income housing assistance activities, including those funded by the
Community Development Block Grant Entitlement Program (CDBG) 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, pursuant to the Housing and Community
Development Act of 1974, as amended, and the HOME Investment Partnerships Act, as
amended. City agrees to undertake, or assist in undertaking, community renewal and lower
income housing assistance activities. This Agreement shall become effective October 1, 2005,
and be in effect until terminated, but termination may not occur before September 30, 2008. 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
2006, 2007, and 2008 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.
2. Upon certification of Marin County, including all or a portion of the incorporated cities, as an
"urban county" for federal fiscal years 2006, 2007, and 2008, 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
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(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.
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.
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, and
the HOME Investment Partnerships Act, as amended, shall be allocated for housing purposes on
a countywide basis. The portion of CDBG funds described in the immediately preceding
sentence shall be known as "CDBG Countywide Housing funds." 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 Community Development Block Grant funding distribution
formula used by HUD to determine Marin County's allocation, 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
formula is hereby expressly authorized if and when necessary to comply with Title I of the
Housing and Community Development Act of 1974, as amended. Recommendations for the
use of citizen participation/planning area funds shall be made by the citizen
participation/planning area panels, as described above in Paragraph 2, and then referred to the
full Priority Setting Committee, which will make its recommendations to the Marin County
Board of Supervisors. The Marin County Board of Supervisors will make the final funding
decisions. 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.
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4. 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.
For any Community Development Block Grant 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 in Paragraph 3 of
this Agreement for allocation of Community Development Block Grant funds in that
Planning Area will, at the option of the largest city in the Planning Area, be modified as
follows:
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
resulting recommendations will be referred to the full Priority Setting
Committee and then to the Marin County Board of Supervisors for review
and approval. 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.
6. 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, 2008.
Subsequent urban county qualification periods will end September 30 on every third year
following that date.
7. 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. This Cooperation Agreement shall not exempt any project from
the required local government planning approval process. Community Development Block
Grant and HOME funds received by County may be allocated to projects only through the
process described in this Cooperation Agreement.
8. 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 renewal and lower income housing assistance activities. County shall have the
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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 2006, 2007, and 2008 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.
9. 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
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.
10. City shall inform County of any income generated by the expenditure of Community
Development Block Grant funds and HOME Investment Partnerships 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.
11. The following standards shall apply to real property acquired or improved in whole or in part
using Community Development Block Grant or HOME 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 or HOME funds that is sold or transferred for a
use which does not qualify under the Community Development Block Grant or HOME
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 or HOME requirements as may then apply.
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12. 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.
13. By executing this Community Development Block Grant Program Cooperation Agreement,
City understands that it may not apply for grants under the HUD -administered 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 will be part of the urban county for the HOME Program; that it may
receive a formula allocation under the HOME Program only through the urban county; and that,
even if County does not receive a HOME formula allocation, City cannot form a HOME
consortium with other local governments except through the urban county. This does not
preclude City or County from applying for State HOME funds.
14. 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 05-01.
IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUNTY OF MARIN CITY OF SAN RAFAEL
By: By: -
Harold C. Brown, Jr., President /Ib *Bo
Board of Supervisors Mayor
ATTEST:
Deputy Clerk of the Board
ATTEST:
Clerk Jeanne fel, Leoncini
FORM:
E. an, As . City Attorney
MASTER FORM APPROVED AS TO FORM:
David L. Zaltsman
Deputy County Counsel
County of Marin
EARoy's Main\Roy's Docs\GENERAUCOW200512005 Agreement --Final Version Dodrb