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HomeMy WebLinkAboutCC Resolution 13696 (CDBG)RESOLUTION NO. 13696 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) PROGRAM AND HOME PROGRAM 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. I, ESTHER C. BEIRNE, 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 17th day of March, 2014, by the following vote: AYES: COUNCIL MEMBERS: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Esther C. Beirne, City Clerk ATTACHMENT 1 COOPERATION AGREEMENT THIS AGREEMENT, entered into this 6th day of June . 2011, by and between CITY OF SAN RAFAEL . hereinafter referred to as "City" and COUNTY OF MARK, 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), the HOME Investment Partnerships Program (HOME,), and the Emergency Shelter Grants Program (ESG). 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, 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, HOME 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. Ippon cern rcat.on of Mar..n Caunty, including all or a porticaa of the incorporated cine:, as an "urban county" for federa' fiscal years 2012.20i3, and 2014, under the housing and. Cornniur,.i`y Development Act of 1974, as annended, and applicable rales and regulations adopted pursaant thereto, a Priority Setting Corrfn:i'tee 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, With rnutaal consent of the Board of Supervisors and each of the particip,-,t;ng cities, the Prioriiy Setting Committee may be expardcd to 1'1.1)ade une cr more additional me,nbrr(sj. Eacl- represcj Ntive shall llc?ve eq,?al vc:tiing rights on the Committee. Tlne Cotnraittee shall prepare a proposed budget f,,, -)r the use of funds, and any other docu?ne?,talion required by the U.S. Department ofHousim7 and Urban Devclnprien. (I ]D1 for 2 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. 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" tinder 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. 'rhe remaining sixty percent (fi0%) of the net Community Development Block Grant urban county allocation shall be suballocated to the interjurisdictional citizen participationJplanning 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 county"vide 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 Ccmtnunit; Development Act of 1974, as amended. Recommendations for the else f citizer, pt.rticipatio::'planning area funds shall be made by the citizen p rticip 'i<<n;p'.anti�rr =, ari2a panels, as described abalvc in Sectien 2. and eien referred to the full Priority Setting Cansmittee, tivhich will make its nvcomtnendations to the Mari;t Ccunty Board of Supervisors, The Marin County Board of Supervisors will n.ake t.:he final finding decis:ons. If any project submitted by County as a portion of the Community Development Blook Grant. documentation is found to be ineligible by 1 -[UD, the proposed project shall not be funded. In such an ovent, the Ccunty, acting in concert with the Priority Setting Committee and the affected citizen arca, parte;; may subtntit an alternative pri�:iiy proe;,t .c1._ch ?S 1'rltltI til ori ginai cost and in line w?1, the staieo not e,�s and objectives of Col]nty 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 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), HOME, and ESG 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 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 consistingof 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) thitIllanning 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 ESG funds on a countywide basis, but may restrict the CDBG County -wide 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 C� 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 followirg, that date. Arry publ;c hc)usiI­_ to be located 41, City and IN,hc 11 under the ConStitu, ion of the State of rn Califo"a requires approval of fere voters shall nct bcapprovcd unless it receives a favorable majority of the voters of City, This Cooperation Ag­,eement shall not excinp,, any project from the req,,dred local government planning approval process, Community Development 13lock Grant, I4ii i.1 , and ESG funds re,;eivcd by County may be allccated to pr jests only through the process described in this Cooperation Agreement, M 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. 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: Useof 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 comity's fair housing certification shall be prohibited. Pursuant to 24 CFR', ., 570.501(b); City is subjeetto the same requirements applicable to subrecipients,.including the 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 fiends 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 irnproved 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 in the use of the real property from that planned at the time of acquisition or improvement including disposition. b. City shall reimbursc County in an ar noun?- equal to the current fair market value (less any portion thereof attributaWc to expem3iturUs of funds other than Community Development Block Gran:, HOlb'IE, or ESG) of property acquired or improved Nv ith Cemrriunity Development Block Grant, HOi\IE, or ESG funds that is sold or transferred for a use which does not quali2v under the Community Deveiopnient Bl,�ek Grant, HOME, or ESG reguations• City shall pay to County any program ir,corne gencrated from the disposition, sir transfer of propeity prior to or subsequent to the close -,gut, change of status or tcrmination of tele cooperation agreemmt between County an J City. ,=\ny program nnc:)me shall b'3 M -ASTER Ilf.)RUIO ,Y'PROVIE'D AST� 1 0"' M: David s v I a n p ,cp;,;ty C o-,mity oi'N-/Iarii I,,, V'- " t 317,i