HomeMy WebLinkAbout09-16-2014 C7 Amendment to Cooperation Agreement with CountyCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared By: Tyler Corey, Housing Programs Manager
SUBJECT: AMENDMENT TO COOPERATION AGREEMENT WITH THE COUNTY OF
SAN LUIS OBISPO REGARDING CITY PARTICIPATION IN THE URBAN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FEDERAL
PROGRAM FOR FISCAL YEARS 2015-2017
RECOMMENDATION
Adopt a resolution approving an amendment to the Cooperation Agreement with the County of
San Luis Obispo for participation in the Urban County federal grant program for fiscal years
2015-2017.
BACKGROUND
On June 17, 2014, the City Council approved a Cooperation Agreement between the City and
County for participation in the San Luis Obispo Urban County for fiscal years 2015-17
(Attachment 1). The U.S. Department of Housing and Urban Development (HUD) has reviewed
the agreement and determined that it must be amended to include language required by the
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act,
2014, Public Law 113-76. Staff is bringing forward an amendment to the Cooperation
Agreement that includes HUD’s recommended language outlined below for Council
consideration (Attachment 2):
The City may not sell, trade, or otherwise transfer all or any portion of CDBG
funds to another metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or indirectly receives
CDBG funds in exchange for any other funds, credits or non-Federal
considerations, but must use such funds for activities eligible under Title I of the
Act.
ENVIRONMENTAL REVIEW
The project is exempt from environmental review per CEQA Guidelines under the General Rule
(Section 15061(b)(3)). The project is an amendment to the Cooperation Agreement between the
City and County for joint participation in administering the CDBG grant program for fiscal years
2015-2017. Each grant request approved for funding will be subject to CEQA at the time the
project is filed. It can be seen with certainty that the proposed Cooperation Agreement will have
no significant effect on the environment.
FISCAL IMPACT
HUD’s proposed amendment to the 2015-2017 Cooperation Agreement will have no financial
effect on the City.
9/16/2014
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ATTACHMENTS
1. Resolution No. 10533 (2014 Series)
2. Amendment to 2015-2017 Cooperation Agreement
T:\Council Agenda Reports\2014\2014-09-16\2015-17 Amendment to Cooperation Agreement with County (JohnsonCorey)\C5 - 2015-17
Amendment to CDBG Cooperation Agreement with County.docx
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Attachment 1
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Attachment 1
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AMENDMENT NUMBER 1 TO
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE
HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY
SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS PROGRAM FOR FISCAL YEARS 2015 THROUGH
2017
THIS AGREEMENT is made and entered into this day of __ ,
2014, by and between the County of San Luis Obispo, a political subdivision of
the State of California, hereinafter called “County”; and the City of San Luis
Obispo, a municipal corporation and Charter City of the State of California,
located in the County of San Luis Obispo, hereinafter called “City”; jointly referred
to as “Parties.”
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed
a law entitled, The Housing and Community Development Act of 1974, herein
called the “Act”. Said Act is omnibus legislation relating to federal involvement in
a wide range of housing and community development activities and contains
eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and
governs programs for housing and community development within metropolitan
cities and urban counties or communities by providing financial assistance
annually for area-wide plans and for housing, public services and public works
programs; and
WHEREAS, the Community Development Block Grant (CDBG) Program,
the HOME Investment Partnerships (HOME) Program, the Emergency Solutions
Grant (ESG) Program, and the Housing Opportunities for Persons with AIDS
(HOPWA) Program are consolidated under Title I of the Act; and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development, hereinafter referred to as
“HUD”, that the County be designated as an “urban county”; and
WHEREAS, the County needs to requalify as an urban county and will be
eligible to receive CDBG funds provided that the County’s entitled cities defer
their entitlement to the County to enable both the County and the entitlement
cities to jointly participate in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
Attachment 2
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WHEREAS, on July 15, 2014, the County and City entered into a
Cooperation Agreement (the Original Cooperation Agreement) in order for the
County to requalify as an urban county and submitted said cooperation
agreement to the U.S. Department of Housing and Urban Development (HUD);
and
WHEREAS, HUD reviewed said Original Cooperation Agreement and
determined that it must be amended to include additional language required by
the Transportation, Housing and Urban Development, and Related agencies
Appropriations Act, 2014, Public Law 113-76.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the Parties agree as follows:
1. The section entitled “SECTION IV. Use of Program Funds” of the
Original Cooperation Agreement is hereby amended to add a new section “I” that
reads as follows:
I. The City may not sell, trade, or otherwise transfer all or any portion
of CDBG funds to another metropolitan city, urban county, unit of
general local government, or Indian tribe, or insular area that
directly or indirectly receives CDBG funds in exchange for any
other funds, credits or non-Federal considerations, but must use
such funds for activities eligible under Title I of the Act.
2. All other provisions of the Original Cooperation Agreement not specifically
amended herein remain in full force and effect.
NOW, THEREFORE, the Parties hereto have caused this Amendment Number 1
to the Cooperation Agreement to be executed and attested by their proper officer
thereunder duly authorized, and their official seals to be hereunto affixed, all as
of the day first above written.
APPROVED AS TO FORM:
By:
____________________, Deputy County Counsel
Date:
Attachment 2
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COUNTY OF SAN LUIS OBISPO
By:
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
CITY OF SAN LUIS OBISPO
Jan Marx, Mayor
Date:
ATTEST:
Anthony J. Mejia, City Clerk
Date:
Attachment 2
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APPROVED AS TO CONTENT:
Katie Lichtig, City Manager
Date:
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
Date:
Attachment 2
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