R 4623RESOLUTION NO. 4623
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AMENDMENT
NUMBER 1 TO A COOPERATION AGREEMENT
BETWEEN THE COUNTY OF SAN LUIS OBISPO AND
THE CITY OF ARROYO GRANDE FOR JOINT
PARTICIPATION IN THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, THE HOME INVESTMENT
PARTNERSHIPS PROGRAM, THE EMERGENCY
SHELTER GRANT PROGRAM, THE AMERICAN DREAM
DOWN PAYMENT INITIATIVE PROGRAM, AND THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM FOR FISCAL YEARS 2015
THROUGH 2018
WHEREAS, the County of San Luis Obispo ( "County "), a political subdivision of the
State of California, and the City of Arroyo Grande ( "City ") a municipal corporation,
desire to participate in the Community Development Block Grant (CDBG) program
administered by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety and welfare by
providing grant funds to be used by the City and County to improve housing
opportunities for low and moderate - income households, to encourage economic
reinvestment, to improve community facilities and public services, and to provide other
housing - related facilities, or services; and
WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must
have a population of at least 200,000 persons; and
WHEREAS, the City desires to continue to participate jointly with the County in said
program; and
WHEREAS, HUD requires that the parties enter into a Cooperation Agreement between
the County of San, Luis Obispo and the City of Arroyo Grande for joint participation in
the Community Development Block Grant Program, the Home Investment Partnerships
Program, the Emergency Shelter Grant Program, the American Dream Down Payment
Initiative Program, and the Housing Opportunities for Persons with AIDS Program for
Fiscal Years 2015 through 2017 to define their rights and obligations as a prerequisite
to participation in the CDBG program; and
WHEREAS, the City Council adopted Resolution No. 4602 on June 24, 2014 approving
an Agreement to allow the City to continue participation with the County and other
participating cities for Federal CDBG, Home Investment Partnerships (HOME),
RESOLUTION NO. 4623
PAGE 2
Emergency Shelter Grant (ESG) and Housing Opportunities for Persons with Aids
(HOPWA) funding programs; and
WHEREAS, HUD requires the County to amend the Cooperation Agreement to add a
paragraph regarding use of public funds and to provide for a three -year term; and
WHEREAS, the proposed Amendment to the Cooperation Agreement is consistent with
the General Plan and with City and County policies encouraging cooperation between
agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Amendment to the Cooperation Agreement will promote the
public health, safety and welfare by enabling the City and County to participate in the
U.S. Department of Housing and Urban Development's CDBG program under an "urban
county" entitlement, thus making available funds for a variety of housing, economic
development, and public services programs not otherwise available; and
WHEREAS, the City and County enter into yearly subrecipient agreements which
establish administrative policies and procedures, performance standards, and
guidelines for funding specific CDBG programs and projects; and
WHEREAS, the proposed Amendment to the Cooperation Agreement is not a "project"
for purposes of compliance with the provisions of the California Environmental Quality
Act (CEQA) and the City's CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, California, as follows:
1. The City Council hereby approves and authorizes the Mayor to sign the
Amendment to the Cooperation Agreement with the County to enable joint
participation in HUD's CDBG program in the form attached hereto as Exhibit A.
2. The City Manager is hereby authorized to act on behalf of the City in connection
with the implementation of the amended Agreement, ongoing operation of the
CDBG program, and other activities necessary to carry out the intent of the
Cooperation Agreement.
On motion by Council Member Brown, seconded by Council Member Barneich, and on
the following roll call vote, to wit:
AYES: Council Members Brown, Barneich, Costello, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 9th day of September, 2014.
RESOLUTION NO. l� 23
PAGE 3
( 2 J, gg a . a a - I,-)
TONY F , MAYOR
ATTEST:
KELLY VVtTMQjqE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
r-�)A, �-Q -I--
TI THY J. cAawt, CITY ATTORNEY
EXHIBIT- A
AMENDMENT NUMBER 1 TO
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF ARROYO GRANDE 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
2018
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 Arroyo Grande, a
municipal corporation 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
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 provide for a three year term and 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 first sentence of Paragraph C, entitled "C. Term of Agreement —
Automatic Renewal Provision," of Section I, entitled "SECTION I.
General.," of the Original Cooperation Agreement is hereby amended and
replaced to read as follows:
The term of this Agreement shall be for a period of three (3) years
commencing July 1, 2015 through June 30, 2018.
2. 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:
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.
3. 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.
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COUNTY OF SAN LUIS OBISPO
By:
Deputy County Counsel
Date:
By:
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
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CITY OF ARROYO GRANDE
Tony Ferrara, Mayor
Date:
ATTEST:
Kelly Wetmore, City Clerk
Date:
APPROVED AS TO CONTENT:
Steven Adams, City Manager
Date:
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney
Date:
0
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4623 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9th
day of September, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 9th day of
September, 2014.
�' E,7C I T1Y 1, L E R K