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HomeMy WebLinkAboutCC Resolution 4948 (Housing and Community Development Act)0 RESOLUTION NO. 4948 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 County of Marin - Housing and Community Development Act Cooperation A copy of which is hereby attached and by this reference mace a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, here- by 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 7th day of April 19 75 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 y EXHIBIT "A" AGREEMENT MODIFYING COOPERATION AGREEMENT THIS AGREEMENT, entered into this day of 1975, by and between the City of San Rafael and the County of Marin: WITNESSETH: WHEREAS, the CITY OF SAN RAFAEL and the COUNTY OF MARIN made and entered into a Cooperation Agreement on the 23rd day of December, 1974, for the purpose of jointly undertaking community renewal and lower income housing activities in accordance with the Housing and Community Development Act of 1974 and applicable Federal rules and regulations adopted pursuant thereto; and WHEREAS, the parties hereto desire to modify the Cooperation Agree- ment, and such modifications are not inconsistent with the terms of said Agree- ment, copy of which is attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, said modifications are made in consideration of the re- quirements set forth by the Federal Department of Housing and Urban Development and will enable the parties to jointly undertake community renewal and lower income housing activities in accordance with the Housing and Community De- velopment Act of 1974, NOW, THE REF ORE , BE IT HE RE BY RES OLVE D that the Cooperation Agree- ment be modified in the following respects: lowing: A. Delete paragraph number 1, page 1, and insert in its place the fol- "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 Com- munity Development Act of 1974. " - 1 - B. In paragraph number 3, page 2, replace with the following: "3. The City shall receive a yearly allocation from the monies allocated to the County of Marin as an "urban county" under the Housing and Community Development Act of 1974. The City's portion of the total urban county allocation shall be the general distribution formula established by the Department of Housing and Urban Development consisting of population, the extent of poverty, and the extent of housing overcrowding with the provision that the extent of poverty be counted twice. If a project proposed by the City of San Rafael and submitted by the County of Marin as a portion of the Community Develop - meet Plan is found to be "plainly inappropriate" in the 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 the City of San Rafael may be noti- fied by the County of Marin, and the City may have the oppor- tunity of submitting a project which is within the original cost and in line with the stated needs and objectives of the 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 De- velopment 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 De- velopment, the cost associated with that project shall not be deducted from the aggregate amount available to the City during the first three years of the program. C. Replace Paragraph number 4, page 3, with the following: "4. The precentage resulting from the computations in - 2 - Section 3 in respect to the City's allocation shall be applied to the full entitlement amount for the County of Marin under its designation as an "urban county" and shall not be applied against the total county allocation minus the amount designated as "hold harmless" monies for the County of Marin. D. In paragraph number 7, page 3, insert as the first sentence in the paragraph the following: "This Agreement shall be in effect through the term of the program year covered by the County's Fiscal Year 1975 application, and may not be terminated by either party prior to the end of that program year. " E. On page 2, in the paragraph beginning "Upon completion ... " insert the following at the end of the paragraph: "Each City Council and the Board of Supervisors shall exer- cise its veto power only in that period prior to submission of a plan and funding application to the Department of Housing and Urban Development. " F. In paragraph 9, page 2, insert the following as the last sentence in the paragraph: "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 the 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 first above written. - 3 - ATTEST: Clerk ATTEST: Clerk - 4 - COUNTY OF MARIN By Chairman, Board of Supervisors CITY OF SAN RAFAEL Mayor