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HomeMy WebLinkAboutED CDBG Cooperative Agr.IAgenda Item No: 5. d Meeting Date: March 17, 2014 r Prepared by: Tom Adams City Manager Approval:X Economic Develo meat Coordinator SUBJECT: Resolution of the City of San Rafael Authorizing Execution of a Three Year Cooperative Agreement with the County of Marin for the Community Development Block Grant (CDBG) Program and Home Program BACKGROUND: The Community Development Block Grant (CDBG) program provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facilities, and human service programs serving low income residents. The HOME Investment Partnerships program provides additional •assistance for housing activities. All of the es in Marin County have signed agreements to •participate with the County in a single joint countywide program. Through this agreement, the County of Marin administers the CDBG and HOME programs with City oversight of the San Rafael share of CDBG capital and housing funds and County oversight of public service program funding. In 1999, the San Rafael City Council revised the Cooperation Agreement with the County of Marin for CDBG and HOME funds and a similar document was adopted on a three year cycle in 2002, 2005, 2008 and 2011. ANALYSIS: A new Cooperation Agreement needs to be adopted by June 30, 2014 in order to continue the current program with the County for administration and oversight of the CDBG and HOME programs. The current agreement with the County has worked well for fifteen years and staff recommends the execution of a new three year agreement. Attachment 1 shows the current Cooperation Agreement. Since this is a joint agreement between the County and multiple ces, there is the need for cooperation between multiple jurisdictions on the language and the form of the agreement. Staff does not anticipate any substantive changes to the Cooperation Agreement other than date changes and minor technical changes to comply with HUD requirements. To expedite the agreement renewal process, staff requests City Council approval of the Cooperation Agreement in a form to be determined by the City Attorney and to be executed at a later date by the Mayor. Should any substantive changes be proposed for the new agreement, staff will bring this item back to the City Council for further review. R=0 n File No.: 13 Council Meeting: 01 Disposition: kL�32 t_o�--( ( ee%i > L-- Mq il'11113 i 1 i 1111 � �� ii III I I I I I q 9 95% 1A HUD classifies San Rafael as a metropolitan city due to its population size of over 50,000 residents. This means that San Rafael has the option to receive funds separate from Marin County's urban county classification. Staff does not recommend this option as it would not increase funding, it would divert city staff time to administer the program, and the administration of the program through the Cooperation Agreement with the County has worked well to date. This item is time sensitiverequires es which defer their metropolitan status (and remain part of the urban county) to notify them of their intent to defer by a date set by HUD, which could !® as early as June 1, 2014. OPTIONS: • Authorize the Mayor to execute a three year CDBG Cooperation Agreement • Provide direction on requested changes to the agreement • Reject the Agreement and elect to become a metropolitan city for the CDBG program ACTION REQUIRED: 1. Adopt Resolution authorizing the Mayor to execute a Community Development Block Grant Program {CDBO) and HOME Program Cooperation Agreement with the County of Marin for federal fiscal years 2015, 2016, and 2017. ATTACHMENTS 1. Cooperation Agreement with County of Marin is -A &-Tel RU N RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF A THREE-YEAR COOPERATION AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 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 Cooperation 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 Program, the HOME Investment Partnerships Program, and the Emergency Solutions Grants Program in a form to be approved by the City Attorney, and that the City hereby adopts the policies included in the Cooperation Agreement. 1, ESTHER C, BEIRNE, City Clerk of the City of San Rafael, hereby certify th the foregoing resolution was duly and regularly introduced and adopted at a regul meeting of the Council of said City held on the 17th day of March, 2014, by the followin vote: I AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Esther C. Beime, City Clerk M X4191 am ISSALAN IMMAWN of 03 13121-1 THIS AGREEMENT, entered into this 6th day of June 1 20113 by an between CITY 'OF SAN RAFAEL hereinafter referred to as "City" and COUNTY OF MARIN, hereinafter referred to as "County. WITNESSETH WTHEREAS, CITY OF SAN RAFAEL is a duty 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), the HOME Investment Partnerships Program (HOME), and the Emergency Shelter Grants Program (ESG). I 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, the HOME Investment Partnerships Act, as amended, and the Stewart B. McKinney Homeless Assistance 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, 2011, and be in effect until terminated, but termination may not occur before September 30, 2014. In any event, this agreement shall remain in effect until the Community Development Block Grant, HOM[E Investment Partnerships Program, and Emergency Shelter Grants Program funds from appropriations for federal fiscal years 2012, 2013, and 2014 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 2012, 2013., and 2014, 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) ru-presentative designated by each of the participating cities and one (1) representative designated by the Board of Supervisors. With mutual consent of the Board of Supervisors and each of the participating cities, the Priority Setting Committee may be expanded to include one or more additional member(s). Each representative shall have eqiial 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 ( 'ffLTD) for M the Community Development Block Grant Program, the HOME Investment Partnerships Program, and the Emergency Shelter Grants 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. With mutual consent of the Board of Supervisors and each of the participating cities located within the planning area, a panel may be expanded to include an additional member. 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 County -wide 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. 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. Upon completion of planning area and Priority Setting Committee deliberations, the proposed. budget and other doc-umentation 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), HOME, and ESG activities and submitting the Consolidated Plan and other documentation to HUD. 5. 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 Section 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 Section 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 and BSC 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, 2014. 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 f majority of the voters of City. This Cooperation Agreem. ent shall not exempt any pro j ectrom the required local govemment planning approval process. Community Development Block Grant, HOME, and ESC funds received by County may be allocated to projects only through the process described in this Cooperation Agreement, 11 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 authority to carry out activities which will be funded from annual Community Development Block Grants, from HOME Investment Partnerships Program funds, and from Emergency Shelter Grants Program funds from Federal Fiscal Years 2012, 2013, and 2014 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 VIIT of the Civil Rights Act of 1968, Executive -Order 11988, the Fair Housing Act, Section 109 of Title I wy 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 coufity.'s fair housing certification shall be prohibited. Pursuant.lo-24-CF.R*, -570.501(b)Xity is'subject-'tothe same requirements applicable to subrecipients,*.'i'n'&Iu'ding-thi�i'., requirement of a: written- agreement as described in 24 CFR 570.503, 10. City shall inform County of any income generated by the expenditure of Community Development Block Grant funds, HOME Investment Partnerships Program funds, or ESG 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, HOME Investment Partnerships Program, and ESG 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, HOME, or ESG funds that is within the control of a participating City. a. City shall give County timely notification of any modification or change i allocated by County for eligible activities in accordance with all Commuriltv Development Block Grant, HOME, or ESG requirements as may then alpply- 12. The parties hereto agree that the final responsibility for analyzing needs, setting objectives,, developing plans, selecting projects for comnranit�7 development and housing assistance, I lopment Block Grant HOME, and ESG activities, and linor the selecting Community De vezn Consolidated Plan and other required documentation rests with County, as required "b the Housing and Community Development Act, of 1974, as amended. 1-3 By executing this Community Development Block Grant Program Cooperation Agyeenlent, City understands that it may not apply for grants under the State Community Development Block Grant Program 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 pa it of the urban county for the I-10ME Program and ESG if the urban county -receives 110IN4E that it may recei IOME and ESG fundn'ig, respectively, ive tormula allocations under the I Pro, gram and ESG 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 loedl,govemments ,except through the urban. county. This does not preclude City or County froni,applying -to the. -State for HOME or ESG ftinds if the State allows. -Y -Th -cooperating unit of er wral local govemment has adopted and is enfbt%clling, A pollcy, prohibiting Ihe use of excessive -force by law enforcement agencies within its jurisdiction agalinst any individuals engaged in non-violent civil. rights demonstrations, - and 1). A policy of enforeing applicable State and local laws against physically barring entrance to or exit from- a facility or location which is the subject of such rion-violent civil rights demonstrations within its jurisdiction. The phrase "cooperating unit of general local governmenf'has the same meaning in this Cop erat ion:fig nC.ement as it does in HUD Notice #CPD -1 1-064. IN WIINTESS WHI_0F,'the ps have executed the above instrument on the day and, year first 1W above written, COU14TY OFMARTIN I f 'el J A 61 B v.- Board of Supervisors lk� v Lair. Deputy Clerk of -the Board CITY OF SAN U_.FAEL By: Albei t J Ma.- .yor Esther C. Beirne C 1 ----,Irk -NfASrl*'ER. FORM APPROVED AS TO FORN't.- 4. fox David L.7-41tsman rlc-u 1 6, 1 Deputy Counfyv nsel Counly of Marin I APPROVED AS TO -OPM ROBERT F. EPSTEIN-' City'Attorney J EARoy's N1,3in'Roy6 Dccs\GF-NERALAC00P',a0l 1\2GI 1