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HomeMy WebLinkAboutTC Res 1990-07-15 RESOLUTION NO. 2730 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE MAYOR TO EXECUTE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH COUNTY OF MARIN WHEREAS, it is mutually desired by the Town of Tiburon 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 development and housing assistance activities; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby approves and authorizes the Mayor to execute, on behalf of the Town of Tiburon, a three-year Community Development Block Grant Cooperation Agreement with the County of Marin, attached hereto as "Exhibit A". PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 15, 1990 by the following vote: AYES: COUNCILMEMBERS: Friedman, Coxhead, Thayer, Logan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kuhn / ,- -i- ~ r /:) !__", ///1'./ J' i' / I, ,f'"" " V. " ;'>'A __-~{/ l,''\, /"_..,) . "oJ / t /~~ 4.'--~..... PETER B. LOG~i MAYOR Town of Tiburon ..- ATTEST: CLERK .,' COOPERATION AGREEMENT THIS AGREEMENT. entered into thi s / i a:. day of . ~ . 1990. by and between TOWN OF TIBURON , reln ter referred to as IICity" and COUNTY OF MARIN, hereinafter referred to as IICounty.1I WIT N E SSE T H I \ ---, WHEREAS, TOWN OF TIBURON 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. isa 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 Sect; ons 6500, et seq..,~~:.authori ze two or more public agencies to jointly exercise any power common-.. to. both; and WHEREAS, 'it is .mutua.lly desired by ~the parties-~ hereto to enter .into a Cooperati on Agreement, i n'accord 'wi th the HO'us.i ng.' and Corrununi ty Development Act of 1974, as amended, - and appli cabl e Feder:'al .rul es"- and regul ati ons adopted' pursuant thereto , whereby. ,the 'parties. shall Jo,intly' 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 a~sist in undertaking, community renewal and lower income housing assistance activities, specifically urban ren~wal and publicly assisted housing, pursuant to the Housing and Communlty 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 Development (HUD) for the Community Development 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 w.ill be the Richardson Bay Area';' ,Lower Ross' '. Valley, Upper Ross Va.l.ley,..Novato Planning Area,..San Rafael P..:lanning . Area, and West Mari n .,>,.:Each- year, a minimum of one workshop ,o~":pub 1 i c. hearing shall b.e. conduc.ted,within each citizen participation' plan'riing area. At any time';pr.iar'.to submission of the Urban County Community . ,Development documents ';to:HUD,."each City Counc.il .-shall.'have: veto: :power over any proposed :project withi nits boundari es, 'an~ the..Boa~d . of' ~" Supervi sors. shall :naversi.mi.l ar.veto power over ,any,. proJect~ 'proposed :for the unincorporated:~ar.ea. of .the County. Each Ci.ty Council and.:theBoard of Supervisors shall ~xercise 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 th~is Cooperation Agreement to obstruct the implementation of the approved Housing Assistance Plan during the' three . program years for which the County qual ifies 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. . .. I ',: ~ I ' " , l (,'~ '.' t. . . .' !'; " . .. Upon completion of planning area and Priority Setting Committee deliberations, the Final Statement:and other documentation shall be submitted to the Marin County Boar~ 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 lIurban countyll 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 ... ning sixty percent (60%) of the net urban county allocation suballocated to the interjurisdictional citizen tion/planning areas according to the general distribution stablished by the Department of Housing and Urban Development the latest countywide available data on population, the extent y, and the extent of housing overcrowding, with the provision extent of poverty be counted twi ce. . However, a di fferent ion is hereby expressly authorized if and when necessary to th Title I of the Housing and Community OevelopmentAct of 1974, d. I f any. proj ect submi tted by County as a porti on .of the . '. Development documentation is found' to be,l~plainly .,.' . . .... ~....., iateU to County.s stated needs and objectives or ineligible by tment of Housing and Urban Development, the proposed project be funded. I n such an event, the County,-, acti ng .in concert., Priority Setting Committee and the affected citizen..,:.......: " """. tion/planning area;;. may submit,analternative 'priority"project. .;.;..... .,..~;:".:.. within the original '_cost. and- in. 1 i ne' with ',the ,stated",needs and:. . ....: ;. ~~:':'''''' ~s of County, provi dedsuch a resubmi"s,si on 'conformsw.i th the ,':-- ,:,.:..: ':;..;)r..: ; ,:':, . l. regulations of the ,Department ,of Housing'.and 'Urban,-:'Oevelopment ::,,~,:,,-~:..c:.t...~, ,dministration of Title I of the Housing....and:Communi.t.Y;.J.:...:~I.;\' ;.:~~...!.:.~ J ",,' ."... ~nt Act of 1974, as amended. . ..' .::. ~:' <U'I~; ::,:~. ',~:'.I:~:'~ .~,~ es hereto agree that this Cooperation Agreement .'Shalt: b~':a,:,;, :.,~,.~-~ (;.':I~:~ \.,,,.; " 19 agreement. .... ,'..,...'.;':~i-I.~. needs, ty Jther and n the day terminate its participation in. this Cooperation Agreement and p on the Priority Setting Committee by a. single majority vote of 'ning body. Such termination shall take .effect only.. at the end ~deral three-year urban county qualification period ,in which the '~r- ; taken. The first such qualification period will end · 30, 1993. Subsequent urban county 'qualification periods will !mber 30 on every third year following that date. 'c housing to be located in City and which under the Constitution :ate of California requires approval of the voters shall not be unless it receives a favo:able majority of the voters of City. to the Cooperation Agreement, County, acting through the Board risors, shall be the primary general-purpose local governmental ~r the Housing and Community Development Act of 1974, as It shall be the responsibility of County to apply for grants, ister all funds received, and to undertake or assist in ing essential community development and housing assistance ~s. County shall have.the authority to carry out activities 1 be funded from annual Community Development Block Grants from ~iscal Years 1991, 1992, and 1993 appropriations and from any income generated from the expenditure of such funds. Records kept by County in accordance with approved accounting · ~s, and said records shall be available for public inspection at > . Page 3 of 5 "