SPECIAL TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE July 22, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Jeffrey Beiswenger, AICP, Planning & Building Services Director SUBJECT Adopt a Resolution Authorizing Execution of a Three-Year Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME Programs
RECOMMENDATION
Adopt a Resolution Authorizing Execution of a Three-Year Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME programs.
DISCUSSION
The Community Development Block Grant Program (CDBG) provides grants from the U.S. Department of Housing and Urban Development (HUD) to local governments for housing, community facilities, and public service programs serving lower-income people. The HUD Home Investment Partnerships Program (HOME) provides additional assistance for affordable housing activities. Marin County qualifies for both the CDBG and HOME programs because the cities have signed cooperation agreements to participate with the County government in a single joint countywide program. This qualifies Marin County as a HUD “urban county,” enabling Marin to receive annual CDBG and HOME grant allocations established by formula.
Marin County qualifies for federal funding from the CDBG Program because Cities, Towns and the County have, through cooperation agreements, joined together to form a consortium referred for purposes of CDBG and HOME federal funding as an "urban county" which meets the program's qualification requirements for annual formula funding, providing a reliable and non-competitive source of federal revenue for local projects. Marin County's status as a CDBG "urban county" also qualifies it for formula funding from the HOME Program, allowing for a coordinated regional approach through the County's five-year Consolidated Plan. Every three years the County, Cities and Towns must renew the Cooperation Agreements, and the new agreement covers fiscal years 2026 through 2028.
Benefits of applying together as an ‘urban county’, means that Marin County receives these noncompetitive funds which are vital to projects which serve Fairfax residents, including:
• Fairfax Vest Pocket – low-income family housing
• Fairfax San-Anselmo Children’s Center – public services and capital project support • Piper Court Apartments – preserved affordable rental housing • Legal Aid of Marin
• Fair Housing Advocates of Northern California
Victory Village was also a previous recipient of funds.
The Town participates in CDBG and HOME funding decisions through the Countywide Priority Setting Committee, staffed by the Marin County CDA, Housing and Grants Division. Councilmember Coler serves as our Council representative and Phillip “P.J.”. Feffer serves as a community representative currently serves on the committee. Some years ago, the County added community representatives from protected classes to the PSC in addition to elected representatives. P.J. Feffer also serves as a Fairfax Planning Commissioner.
The Marin County CDBG Cooperation Agreement began in 1974. The agreement allows for small towns and cities in Marin County to combine populations to get federal grant money. The towns and cities would not qualify for the federal grant money independently. In 2014, all eleven Marin cities/ towns entered into three-year CDBG Cooperation Agreements enabling us to obtain formula funds as an urban county. In 2017, 2020 and 2023 the Council approved the renewal of the Cooperation Agreement to remain eligible to receive funds.
In order to continue the CDBG and HOME programs in Marin County, all cities and towns are being asked to renew their Cooperation Agreements and deliver them to the County.
The attached 2026 Cooperation Agreement is similar to the 2017, 2020 and 2023 agreements. The County receives notice from HUD every three years and the agreement typically needs to be changed with new or modified language from HUD. The 2026 agreement includes a rollover provision, so that it will stay in effect for federal fiscal years 2030, 2031 and 2032 without the need for a new agreement.
FISCAL IMPACT
The Town does not receive funds directly from this program, but the CDBG/HOME allocations county wide would be impacted without this agreement.
ATTACHMENT
A. Resolution
B. Three-Year Cooperation Agreement with the County of Marin for the Community Development Block Grant (CDBG) and HOME Programs
Town of Fairfax ATTACHMENT A
Resolution No. 2026-
RESOLUTION NO. 2026-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA
AUTHORIZING THE TOWN MANAGER TO EXECUTE A THREE-YEAR COOPERATION
AGREEMENT WITH THE COUNTY OF MARIN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME PROGRAMS
WHEREAS, it is mutually desired by the Town of Fairfax and the County of Marin that they may enter into a Cooperation Agreement, in accordance with the Housing and Community Development Act of 1974, as amended, to jointly undertake community renewal and lower income housing assistance activities; and
WHEREAS, as a result of the Cooperation Agreement between the Marin cities and towns and the County of Marin, Marin has received over $86 million in CDBG and HOME funding for housing and community facilities and public service projects benefiting lower income persons since 1975;
NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of Fairfax approves and authorizes the Town Manager to execute 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. The three-year period shall be for the federal Fiscal Years 2027, 2028 and 2029.
BE IT FURTHER RESOLVED, that the Town hereby adopts the policies included in the Cooperation Agreement.
The foregoing resolution was adopted at a special meeting of the Fairfax Town Council of the Town of Fairfax held in said Town on the 22nd day of July 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
STEPHANIE HELLMAN
MAYOR
Attest:
________________________________
CHRISTINE FOSTER
DEPUTY TOWN CLERK
ATTACHMENT B
THIRD AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE COUNTY OF
MARIN AND TOWN OF FAIRFAX FOR A COMMUNITY DEVELOPMENT PROGRAM This THIRD AMENDMENT (“Third Amendment”) to that certain Community Development Block Grant and Home Investment Partnerships Program Cooperation Agreement between the County of Marin, a political subdivision of the State of California, hereinafter called "County," and Town of Fairfax, a municipal corporation of the State of California, located in the County of Marin, hereinafter called "Town," collectively referred to as “Parties,” dated on or about ______________, as amended by the First Amendment effective July 25, 2023 and the Second Amendment effective September 30, 2023 (“Cooperation Agreement”), is hereby entered into between the Parties, effective __________.
The purpose of this Third Amendment is to renew the Cooperation Agreement for federal fiscal years 2027, 2028, and 2029 and to incorporate into the Cooperation Agreement language required by the U.S.
Department of Housing and Urban Development (HUD), Office of Community Planning and Development (CPD) Notice CPD-26-08, including HUD’s updated requirements for Urban County cooperation agreements.
Accordingly, the County of Marin and the Town hereby agree as follows:
1. Amendment to Paragraph 1. Paragraph 1 of the Cooperation Agreement is hereby amended 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.
Town agrees to undertake, or assist in undertaking, community renewal and lowerincome housing assistance activities. This Cooperation Agreement became effective for an initial three-year term on October 1, 2020, and was in effect through September 30, 2023. The Cooperation Agreement was renewed for federal fiscal years 2024, 2025, and 2026 through the First Amendment and is hereby renewed for federal fiscal years 2027, 2028, and 2029. This Cooperation Agreement shall remain in effect through September 30, 2029, and until Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grants Program funds from appropriations for federal fiscal years 2021 through 2026 2029, and any program income received with respect to activities carried out during those qualification periods, are expended and the funded activities are completed, or until such time as it is replaced by a fully executed agreement of the Parties. This Cooperation Agreement shall automatically renew for participation in successive three-year qualification periods upon expiration of each qualification period This Cooperation Agreement shall not automatically renew beyond federal fiscal year 2029 unless permitted by applicable HUD guidance or written HUD approval. Neither County nor Town may terminate, withdraw from, or be removed from this Cooperation Agreement while it remains in effect.
The County will notify the Town in writing, by the date specified in the Urban County Qualification Deadlines published on HUD.gov for the next qualification period, of the Town’s right not to participate in the Urban County for the next qualification period. A copy of the County’s notification shall be sent to the HUD field office by the date
ATTACHMENT B
specified on HUD.gov. If the Town or the County elects not to participate in a new qualification period, the terminating party shall provide written notice to the other party and shall send a copy of the notice to the HUD field office by the applicable HUD deadline.
The Parties agree to adopt amendment(s) to this Cooperation Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s), when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the Cooperation Agreement for such qualification period.
2. Amendment to Paragraph 8 Paragraph 8 of the Cooperation Agreement, and all related references to the applicable qualification periods, are hereby amended to add federal fiscal years 2027, 2028, and 2029 to the existing qualification periods covered by the Cooperation Agreement, as previously amended. Nothing in this Third Amendment shall be construed to remove, limit, or otherwise affect the applicability of the Cooperation Agreement to federal fiscal years 2021, 2022, 2023, 2024, 2025, and 2026, or to any CDBG, HOME, ESG, or program income funds awarded, received, expended, or administered for those prior qualification periods. All references to “subsequent three-year periods thereafter,” automatic renewal, or substantially similar language are hereby limited as provided in Paragraph 1 of this Third Amendment.
3. Amendment to Paragraph 9. Paragraph 9 of the Cooperation Agreement is hereby amended as follows:
County, Town, and all other cooperating cities shall take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, and that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1, the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR 5.151 and 5.152. County, Town, and all other cooperating cities shall also take all actions necessary to assure compliance with Section 109 of Title I of the Housing and Community Development Act of 1974 (which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975), and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the implementing regulations at 49 CFR Part 24; Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR Part 42; 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
ATTACHMENT B
prohibited. The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County’s actions to comply with the County’s fair housing certification and duty to affirmatively further fair housing. The Town must also sign the assurances and certifications in the HUD 424-B, attached hereto.
Pursuant to 24 CFR 570.501(b), Town is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24 CFR 570.503. The County shall not disburse CDBG funds to the Town for an activity unless and until the applicable written agreement required by 24 CFR 570.503 has been executed, as applicable.
County, Town, all other cooperating cities, metropolitan cities, urban counties, units of general local government, Indian tribes, and insular areas that directly or indirectly receive funds provided under Title I of the Housing and Community Development Act of 1974, as amended, may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.
4. Amendment to Paragraph 12. Paragraph 12 of the Cooperation Agreement is hereby amended to add the following sentence at the end:
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. No provision of this Cooperation Agreement shall be construed to permit the Town to veto, restrict, or otherwise obstruct implementation of the County’s approved Consolidated Plan, Annual Action Plan, or selection and administration of CDBG, HOME, or ESG activities during the period in which this Cooperation Agreement remains in effect.
5. Amendment to Paragraph 15. Paragraph 15 of the Cooperation Agreement is hereby amended as follows:
The cooperating unit of general local government has adopted and are 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 jurisdictions.
The phrase “cooperating unit of general local government” has the same meaning in this Cooperation Agreement as it does in HUD Notice #CPD-13-04CPD-26-08.
ATTACHMENT B
6. All Other Provisions Unchanged. All provisions of the Cooperation Agreement not explicitly amended through this Third Amendment remain in full force and effect.
7. Authority to Execute Amendment. The person signing on behalf of the Town of Fairfax certifies to the County that he/she/they has the authority to execute this Third Amendment, and that execution of this Third Amendment on behalf of the Town is in accord with all Town processes for obtaining such signature. The person executing this Third Amendment on behalf of the Town recognizes that the County will rely on this certification in order to procure funds from HUD for use by the Town.
IN WITNESS WHEREOF, the Parties have executed the above instrument on the day and year first above written.
COUNTY OF MARIN TOWN OF FAIRFAX
By: By:
Eric Lucan, President Heather Abrams
Board of Supervisors Town Manager
ATTEST: ATTEST:
Deputy Clerk of the Board
Christine Foster
Deputy Town Clerk
MASTER FORM APPROVED AS TO FORM:
Kate Stanford
Deputy County Counsel
County of Marin