HomeMy WebLinkAbout2011-06-06_cityofsanrafael_c7160ba75631282a548141fca09d20e4CITY OF��
Agenda Item No: 14
Meeting Date: June 6, 2011
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by Vphanie Lovett�te&
City Manager Approval:
SUBJECT: Resolution authorizing execution of a Community Development Block Grant
Program (CDBG) and HOME Program Cooperation Agreement with the County of Marin.
RECOMMENDATION: Staff recommends that the City Council adopt Resolution authorizing
the Mayor to execute the Community Development Block Grant Program (CDBG) and Home
Program Cooperation Agreement with the County of Marin.
BACKGROUND: The CDBG Program provides grants from the U.S. Department of Housing
and Urban Development (HUD) to local governments for housing, community facility, and
human service programs serving lower income people. The HOME Investment Partnerships
program provides additional assistance for housing activities. Marin County qualifies for both
these programs because all the cities in the County have signed cooperation agreements to
participate with the county in a single joint countywide program. San Rafael has had
Cooperation Agreements with the County of Marin since 1974. The last agreement was signed in
June of 2008 for a three year period ending this June. The County of Marin has proposed another
three year term agreement with minor revisions to the terms of the 2008 Agreement. Marin
County must have all Agreements with the cities renewed by June 30 in order to remain eligible
for funds over the next three years.
ANALYSIS: Because San Rafael has more than 50,000 population, HUD classifies it as a
metropolitan city which could opt to receive funds separate from Marin County's urban county
classification. In 2002, 2005 and 2008, San Rafael decided to remain within the urban county
classification and the Cooperation Agreement included a provision that entitled the City Council,
rather than the Local Area Committee, to make recommendations on the distribution of funds.
This provision has worked quite well and has allowed the combination of City, Redevelopment
Agency and CDBG funds in single projects. This provision has been retained in the 2011
Agreement.
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
The proposed Agreement is included in this report as Attachment A. The County has provided a
redlined comparison of the 2008 and the 2011 Agreements which is included in this report as
Attachment B. The changes are in 3 areas:
• Dates were revised,
Adds an Emergency Shelter Grants Program required by HUD (note that it is unclear as to
whether Congress will fund this program, so the reference may be moot)
Allows for the expansion of the Countywide Priority Setting Committee by the addition
of representative of classes protected under federal civil rights laws if the County and
member cities decide to do so.
These changes are minor, and do not present any concerns for the City.
HUD requires cities which defer their metropolitan status and remain part of the urban county, to
notify both HUD and the County of their intent to defer, by June 1, 2011. This notice of intent to
defer was sent on May 23, 2011. Acceptance of the 2011 Cooperation Agreement will defer San
Rafael's metropolitan status for another 3 years, to 2014.
FISCAL IMPACT: No fiscal impact will occur; the CDBG allocation process will remain as it
has for the last nine years.
OPTIONS:
• Adopt the proposed Cooperation Agreement
• Propose changes to the provisions of the proposed Agreement
• Reject the Agreement and elect to become a metropolitan city
ACTION REQUIRED: Make a motion to adopt a resolution authorizing execution of a
Community Development Block Grant Program (CDBG) and HOME Program Cooperation
Agreement with the County of Marin
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION
OF A THREE-YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND HOME PROGRAM COOPERATIVE AGREEMENT
WITH THE COUNTY OF MARIN
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 Cooperative 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 and HOME Programs, 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 6th day of June, 2011, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Esther C. Beirne, City Clerk
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this day of '2011, 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 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:
1. 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.
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)
representative 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 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
OA
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 proj ects.
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 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.
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 Community Development Block Grant funding distribution
formula used by HUD to determine Marin County's allocation, 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
formula is hereby expressly authorized if and when necessary to comply with Title I of the
Housing and Community Development Act of 1974, as amended. Recommendations for the
use of citizen participation/planning area funds shall be made by the citizen
participation/planning area panels, as described above in Section 2, and then referred to the full
Priority Setting Committee, which will make its recommendations to the Marin County Board
of Supervisors. The Marin County Board of Supervisors will make the final funding decisions.
If any project submitted by County as a portion of the Community Development Block Grant
documentation is found to be ineligible by HUD, the proposed project shall not be funded. In
such an event, 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. 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 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 (d) thdt ,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 ESG 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.
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
majority of the voters of City. This Cooperation Agreement shall not exempt any project from
the required local government planning approval process. Community Development Block
Grant, HOME, and ESG funds received by County may be allocated to projects only through
the process described in this Cooperation Agreement,
4
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 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,ih6Wding•thb•,'.•
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 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, HOME, or ESG) of property acquired or improved with
Community Development Block Grant, HOME, or ESG funds that is sold or transferred
for a use which does not qualify under the Community Development Block Grant,
HOME, or ESG 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, HOME, or ESG requirements as may then apply.
12. 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, HOME, and ESG 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.
13. By executing this Community Development Block Grant Program Cooperation Agreement,
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
part of the urban county for the HOME Program and ESG if the urban county receives HOME
and ESG funding, respectively; that it may receive formula allocations under the HOME
Program 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 local.governments
{ .except through the urban county. This does not preclude City or County fromapplying _to ,the.
-State for.HOME or ESG funds, if the State allows. `
.,1.4;:',;:!The}cooperating.unit of.general local government has adopted and is enforcing, ? t
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 -11-064.
IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUNTY OF MARIN
Susan L. Adams, President
Board of Supervisors
ATTEST:
CITY OF SAN RAFAEL
Mayor
ATTEST:
Deputy Clerk of the Board Clerk
0
MASTER FORM APPROVED AS TO FORM:
David L.' ltsman
Deputy Coun ounsel
County of Marin
Wlioy s Mnin\RoYs Dora\0ENEXa\C00P\2011\2011 Agreement--Plnal.Dochb
t6v 44 acl m *.wt
This version shows how the 2008 City -County Cooperation Agreement was changed to create
the 2011 City -County Cooperation Agreement. The major changes were:
(1) Revising all dates.
(2) Adding the Emergency Shelter Grants Program (ESG) as required by the current
HUD instructions. (It's been many years since Marin qualified for a formula grant from
ESG. Congress is divided on whether to increase or cut support for housing programs,
so it's unclear whether Marin will actually receive ESG funding in the next three-year
period.)
(3) Adding language that permits expansion of the Countywide Priority Setting
Committee and its local area subcommittees if the County and Cities come to mutual
agreement to expand the committees. (Supervisors Judy Arnold and Susan Adams have
suggested that additional members might be added to the committees to represent classes
protected under federal civil rights laws. This concept is still in the preliminary stage.
The proposed change in wording will give the County and Cities flexibility to add
members if they come to agreement to do so.)
COOPERATION AGREEMENT
THIS AGREEMENT, entered into this day of , 201185, by and
between , hereinafter referred to as "City" and
COUNTY OF MARIN, hereinafter referred to as "County."
WITNESSETH
WHEREAS, 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
4
to undertake, or assist in undertaking, community renewal and lower-income housing assistance
activities. This Agreement shall become effective October 1, 201108, and be in effect until.
terminated, but termination may not occur before September 30, 201444. In any event, this
agreement shall remain in effect until the Community Development Block Grant, and -HOME
Investment Partnerships Program, and Emergency Shelter Grants Program funds from
appropriations for federal fiscal years 2012, 2013, and 20142009 2010, and 2011 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 20142009 2010, and 2011, 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. 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 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, and -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 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
3
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 Community Development Block Grant funding distribution
formula used by HUD to determine Marin County's allocation, 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
formula is hereby expressly authorized if and when necessary to comply with Title I of the
Housing and Community Development Act of 1974, as amended. Recommendations for the
use of citizen participation/planning area funds shall be made by the citizen
participation/planning area panels, as described above in Section 2, and then referred to the full
Priority Setting Committee, which will make its recommendations to the Marin County Board
of Supervisors. The Marin County Board of Supervisors will make the final funding decisions.
If any project submitted by County as a portion of the Community Development Block Grant
documentation is found to be ineligible by HUD, the proposed project shall not be funded. In
such an event, 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. 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), a*d-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
M
of HOME and I±;SG 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, 201444.
Subsequent urban county qualification periods will end September 30 on every third year
following that date.
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. This Cooperation Agreement shall not exempt any project from
the required local government planning approval process. Community Development Block
Grant, and -HOME, and ESG funds received by County may be allocated to projects only
through the process described in this Cooperation Agreement.
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, a*d-from HOME Investment Partnerships Program funds, and from Emergency
Shelter Grants Program funds from Federal Fiscal Years 2012, 2013, and 20142009 �0,
aiid 2011 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. 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 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, a+td-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, Rild-HOME Investment
Partnerships Program, and I±:SG 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.
5
11. The following standards shall apply to real property acquired or improved in whole or in part
using Community Development Block Grant, or -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 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, or ESG) of property acquired or improved with
Community Development Block Grant, or -HOME, or ESG funds that is sold or
transferred for a use which does not qualify under the Community Development Block
Grant, or -HOME, or ESG 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, erHOME, or ESG requirements as may then apply.
12. 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, an4HOME, and ESG 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.
13. By executing this Community Development Block Grant Program Cooperation Agreement,
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
part of the urban county for the HOME Program and ESG if the urban county receives
ROME and ESG funding, respectively; that it may receive a -formula allocations under the
HOME Program 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 local
governments except through the urban county. This does not preclude City or County from
applying to the State for HOME or ESG funds, if the State allows.
14. 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 -119-9-06494.
R
IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUNTY OF MARIN
By:
Susan L. AdamsGhafles MeGlashan,
President
Board of Supervisors
ATTEST:
wa
Mayor
ATTEST:
Deputy Clerk of the Board Clerk
MASTER FORM APPROVED AS TO FORM:
David L. Zaltsman
Deputy County Counsel
County of Marin
1ARffy!, iui"*yf,D cAGRNRRnUW0Pl2Fle---- ; ^"' 'wFDne/rb
EARoy's Maln\Roy's DocAGENERALWOOM2011\2011 Agreement --Redline Vemion.Dodrb