HomeMy WebLinkAboutCC Resolution 9625 (CDBG Agreement 1996-1999)RESOLUTION NO. 9 6 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT WITH THE COUNTY OF MARIN (three-year Agreement -
9/30/96 through 9/30/99).
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 development and housing assistance activities,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael approves and authorizes the Mayor to execute, on behalf of the City of San
Rafael, a three-year Cooperation Agreement with the County of Marin for the Community
Development Block Grant and HOME Programs, and that the City of San Rafael hereby
adopts the policies included in the Cooperation Agreement, attached hereto as Exhibit A.
I, JEANNE M. LEONCINI, 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 17th day of June, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEI\,4BERS: None
ABSENT: COUNCILMEMBERS: None
JEMSTRt M. LEONINI, City Clerk
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this X"d day of J UL L I , 1996, by and between
CITY 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 development and housing assistance activities, specifically urban renewal and publicly
assisted housing; 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 development and housing assistance
activities, specifically urban renewal and publicly assisted housing; 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 development and housing assistance activities, including those funded by the Community
Development Block Grant Entitlement Program and the HOME Investment Partnership Program
(HOME).
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:
1. The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specifically urban renewal and publicly
assisted housing, 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,
specifically urban renewal and publicly assisted housing. This Agreement shall become
effective September 30, 1996, and be in effect until terminated, but termination may not occur
before September 30, 1999. In any event, this agreement shall remain in effect until the
Community Development Block Grant and HOME Investment Partnership Program funds from
appropriations for federal fiscal years 1997, 1998, and 1999 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.
Upon certification of Marin County, including all or a portion of the incorporated cities, as an
"urban county" for federal fiscal years 1997, 1998, and 1999, 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
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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
(HUD) for the Community Development Block Grant Program dnd the HOME Investment
Partnership 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.
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 CDBG and HOME activities and submitting the Consolidated Plan and other
documentation to HUD.
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 Partnership Program monies allocated annually to the County of Marin as an "urban
county" under the Housing and Community Development Act of 1974, as amended, shall be
allocated for housing purposes on a countywide basis. 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 distribution formula established by the Department of Housing
and Urban Development 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 is hereby expressly authorized if
and when necessary to comply with Title I of the Housing and Community Development Act of
1974, as amended. If any project submitted by County as a portion of the Community
Development Block Grant documentation is found to be ineligible by the Department of
Housing and Urban Development, the proposed project shall not be funded. In such an event,
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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.
4. 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, 1999.
Subsequent urban county qualification periods will end September 30 on every third year
following that date.
5. 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.
6. 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 development and housing assistance activities. County shall have the authority to
carry out activities which will be funded from annual Community Developmen, Block Grants
and from HOME Investment Partnership funds from Federal Fiscal Years 1997, 1998, and
1999 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.
7. 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.
City shall inform County of any income generated by the expenditure of Community
Development Block Grant funds and HOME Investment Partnership 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 Partnership
Program requirements as may then apply. County has the responsibility for monitoring and
reporting to the United States Department of Housing and Urban Development on the use of
any such program income, thereby requ;ring 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
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program income that is on hand or received subsequent to the close-out or change in status
shall be paid to County.
9. The following standards shall apply to real property acquired or improved in whole or in part
using Community Development Block Grant 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 funds that is sold or transferred for a use which
does not qualify under the Community Development Block Grant regulations.
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 requirements as may then apply.
10. 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.
11. By executing this Community Development Block Grant Program Cooperation Agreement,
City understands that it may not apply for grants under the 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 may participate in a HOME Program only through the urban county; and that it may not
participate in a HOME consortium with other local governments except through the urban
county, regardless of whether the urban county receives a HOME formula allocation.
12. 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 96-04.
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IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUNTY OF MARIN
By:
Harold . Brown, Jr., I rman
Board of Superviso
ATTEST:
CITY OF SAN RAFAEL
By:
`i�lb�rt J. oro,
Mayor
ATTEST:
anne M. Leoncini
ClerkoftheBoard City Clerk
MASTER FORM APPROVED AS TO FORM:
David Zdounsel
5/31/96
Deputy
County of Marin
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