HomeMy WebLinkAboutCC Resolution 8212 (CDBG Agreement)RESOLUTION NO. 8212
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING EXECUTION OF COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION
AGREEMENT WITH THE COUNTY OF MARIN
(3 -YEAR AGREEMENT)
WHEREAS, it is mutually desired by the City of qan Rafael and
the County of Marin that they Anter 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 San Rafael City
Council approves and authorizes the Mayor to execute, on behalf of
the Citv of San Rafael, a three year Community Development Block
Grant Cooperation Aqreement with the County of Marin, attached
hereto as 'Exhibit A."
I, JEANNE M. .LEONCINI, Clerk of the Citv of qan 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 6th
day of
August ,
1990, by the following vote to wit:.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS- None
ABSENT: COUNCILMEMBERS- None
JE 1�M. T,EONCIAI , C ty C erk
I G1 N A[
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this ,� day of 1990,
by and between CITY OF SAN RAFAFL hereiifgtter referred
to as "City" and COUNTY OF MARIN, hereinafter referred to as' "County."
W I T N E S S E T H
WHEREAS, CITY OF SqNRAFgFJ is a duly constituted
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 bo-th; 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.
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. This Agreement shall become effective September 30, 1990, and
be in effect until terminated, but termination may not occur before
September 30, 1993. In any event, this agreement shall remain in effect
for the period necessary to carry out activities which will be funded
from annual Community Development Block Grants from appropriations for
federal fiscal years 1991, 1992, and 1993 and from any program income
generated from the expenditure of such funds, including such additional
time as may be required for the expenditure of any such funds granted to
the participating city.
2. Upon certification of Marin County, including all or a portion of the
incorporated cities, as an "urban county" for Fiscal Years 1991, 1992,
and 1993, 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 Housing Assistance Plan, Final
Statement of Community Development Objectives and Projected Use'of Funds,
and any other documentation required by the U.S. Department of Housing
Page 1 of 5
and Urban DevelopmL.. (HUD) for the Community Devel, lent Block Grant
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, Final Statement, 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 Area-, Lower Ross
Valley, Upper Ross Valley, -Novato Planning Area,. San Rafael Planning
Area, and West Marin. Each.,year, a minimum of .one workshop. -or public
hearing shall be conducted-.w.i•thi n each. citizen,.:,partici pati on planning
area. At any time prior -.to submission of the Urban County Community
Development documents .-to,:HUD, , each .City Council. shall -have veto power
over any proposed project within its boundaries, and -the -Board of -
Supervisors shalI.,have_.s-imil ar;•veto power over,. any, proj.ect..proposed-for.
the unincorporated -area of. the --.County. - Each City. Council. a.nd the Board
of Supervisors shall -exercise its veto power only in that period prior to
submission of the required documents and certifications to the Department
of Housing and Urban -Development. This veto power shall not be used to
allow any party to this.Cooperation Agreement to obstruct the
implementation of..the approved Housing Assistance Plan during the three =
program years for which the County qualifies as an urban county and for
such additional time as may be required for the expenditure of funds
granted to the County for such period and for the expenditure of any
program income generated from the expenditure of such funds.
Upon completion of planning area and Priority Setting Committee
deliberations, the Final Statement 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 projects and filing the Final Statement and
other documentation with HUD.
3. After deduction of administrative expenses, forty percent (40%) of the
net 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 City -County developed evaluation
criteria, to ensure consistency and facilitate implementation of
countywide housing goals.
Page 2 of 5
N
The remaining sixty percent (60%) of the net 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 countywide available 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 asa portion of the
Community Development documentation is found to be,"plainly
inappropriate" to County's stated needs and objectives or ineligible by
the Department of Housing and Urban Development, the proposed project
shall not be funded. In such an event, the County, acting in concert
with the Priority Setting Committee and the affected Citi-zen
participation/planning•- area, 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 witth the
rules and regul ati ons;: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. The parties hereto. agree that this Cooperation-Agreement�:shal-l:-.-txe� a I -C i •
continuing agreement. -I-
5. -
5. 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 first such qualification period will'end
September 30, 1993. Subsequent urban county qualification periods will
end September 30 on every third year following that date. -
6. 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.
7. 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 Development Block Grants from
Federal Fiscal Years 1991, 1992, and 1993 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.
Page 3 of 5
8. The County and all 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 its fair housing certification shall be prohibited...
Pursuant to 24 CFR 570.501(b), the city is subject to -the same
requirements applicable to subrecipients, including the requirement of a
written agreement set forth in 24 CFR 570.503.
9. City shall inform. County• of any income generated by -the expenditure:,•of
•Community De.vel.opment Block Grant funds received. by. City. ...,Any- such -
r program income ::shall be paid to County for use..for-el i,gible'activi:ties in _•- =
accordance °with. -.al 1 Community -Development . B1 ock Grant requi rements':,-as may _0
.:
then apply.. Coun.ty has the responsibility for monitoring and :reporting. �`��=4:x�,��=•�'
to. the United States; Department of Housing and Urban. Devel opmeht an -:=there �: I
use of any such program income, thereby requiring appropriate = -
- •recordkeeping .and: -•reporting by. City as may be. -needed --for -this! pu.r-ptised
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.
10. The following standards shall apply to real property .acquired or improved
in whole or in part using Community Development B.l.ock•: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 non -Community Development Block Grant funds) 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.
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 requirements as may then apply.
Page 4 of 5
L
The parties hereto agree that the final responsibility fo► analyzing needs,
setting objectives, developing plans, selecting projects for community
development and housing assistance, and filing Final Statements and other
required documentation rests with County, as required by the Housing and
Community Development Act of 1974, as amended.
IN WITNESS WHEREOF, the parties have executed the above instrument on the day
and year first above written.
COUNTY OF MARIN
By:
Bob Roumiguiere, Chairma
Board of Supervisors
ATTEST:
A
Clerk of the Board
MASTER fORM APPROVED AS TO FORM:
C
obert H. San Chez
Deputy County Cour' I
CITY OF SAN RAFAEL
L•awrencer E•., Mul-ryan
Mayor,_.City�bf S'an Rifael
ATTEST:
Page 5 of 5
Je �M. Leoncini,`City Clerk