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HomeMy WebLinkAboutReso 092-23 Approving the Amendment to the Memorandum of Understanding for Environmental Review of the CDBG-Funded Tri-Valley Haven Shelter Project Reso. No. 92-23, Item 4.5, Adopted 09/05/2023 Page 1 of 2 RESOLUTION NO. 92 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR ENVIRONMENTAL REVIEW OF THE CDBG-FUNDED TRI-VALLEY HAVEN SHELTER PROJECT WHEREAS, the City of Dublin received a Human Services Program grant request from Tri-Valley Haven for $240,205 in CDBG Capital Funding for the rebuild and expansion of its Domestic Violence and Homeless Shelter; and WHEREAS, on July 6, 2023, the Alameda County Urban County Technical Advisory Committee approved the City of Dublin’s request for CDBG Capital Funds to support the project; and WHEREAS, the Tri-Valley Haven shelter project is subject to the CDBG environmental regulations of the U.S. Department of Housing and Urban Development (HUD), contained in 24 Code of Federal Regulations (CFR) Part 58; and WHEREAS, the City of Dublin desires to join an existing Memorandum of Understanding with the Cities of Livermore and Pleasanton for the completion of the environmental requirements for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby take the following actions: 1. Approve the Amendment to the Memorandum of Understanding for Environmental Review of the Tri-Valley Haven Shelter Project, attached hereto as Exhibit A; and 2. Authorize the City Manager to execute the Amendment and take such further actions as may be necessary or appropriate to carry out the City Council’s obligations pursuant to this Resolution. {Signatures on the following page} DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Reso. No. 92-23, Item 4.5, Adopted 09/05/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Exhibit A Amendment to MOU Page 1 AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR ENVIRONMENTAL REVIEW LEAD AGENCY (TRI-VALLEY HAVEN EMERGENCY SHELTER REBUILD PROJECT) This Amendment to Memorandum of Understanding ("Amendment") is entered into this ____ day of __________ 2023 by the County of Alameda (“County”), City of Dublin (“Dublin”), City of Livermore (“Livermore”) and City of Pleasanton ("Pleasanton"). WHEREAS, Livermore and Pleasanton entered into a Memorandum of Understanding for Environmental Review Lead Agency for the Tri-Valley Haven Emergency Shelter Rebuild Project dated May 16, 2023 ("Agreement"); and WHEREAS, the parties desire to amend the Agreement to add the County and Dublin as parties, as the County and Dublin are also providing funds for the Project. NOW, THEREFORE, the parties agree as follows: A. Section 1 of the Agreement is amended to add that County and Dublin shall also be cooperating agency entities. B. Section 3 of the Agreement is amended to add that County and Dublin shall also provide necessary assistance to facilitate and ensure Livermore’s compliance with NEPA Requirements. C. Section 4 of the Agreement is amended to provide that the cost of the NEPA consultant shall be shared equally among Dublin, Livermore, and Pleasanton. D. Section 5 of the Agreement is amended to provide that County and Dublin shall have the same rights to terminate and amend the Memorandum of Understanding as Livermore and Pleasanton. E. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. F. All other terms and conditions of the Agreement shall remain in full force and effect. In witness whereof, authorized representatives of the parties have executed this Amendment as of the date first above written. DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A Exhibit A Amendment to MOU Page 2 COUNTY OF ALAMEDA CITY OF DUBLIN By:________________________ By:________________________ Michelle Starratt, Housing Director Linda Smith, City Manager Housing and Community Development Dept. Date:______________________ Date:______________________ Approved as to Form: Attest: By:________________________ By:________________________ Kathleen Hall, Deputy County Counsel Marsha Moore, City Clerk CITY OF PLEASANTON Approved as to Form: By:________________________ By:________________________ Gerry Beaudin, City Manager John Bakker, City Attorney Attest: By:________________________ CITY OF LIVERMORE Jocelyn Kwong, City Clerk By:________________________ Approved as to Form: Marianna Marysheva, City Manager By:________________________ Attest: Daniel Sodergren, City Attorney By:________________________ Marie Weber, City Clerk Approved as to Form: By:________________________ Katherine Mirassou, Deputy City Attorney 5418266.2 DocuSign Envelope ID: FCFB3EDB-D7B3-4BFD-8D90-A52289064A9A