DRAFT TOWN OF ATHERTON
CITY COUNCIL RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON, TO
ADOPT AMENDMENTS TO THE URBAN COUNTY COOPERATIVE
AGREEMENT WITH NON-ENTITLEMENT CITIES FOR PARTICIPATION IN THE COUNTY’S HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS RESOLVED, by the City Council of the Town of Atherton, State of California, that WHEREAS, the Housing and Community Development Act of 1974, as amended ("Act"), provides for the distribution of federal funds through the process of Community Development Block Grants to eligible public entities; and
WHEREAS, those public entities which are eligible to receive said funds are cities with a population in excess of 50,000, ''hold harmless” public entities, and urban counties; and WHEREAS, public entities that do not otherwise come within the definition of an eligible public agency may cooperate and participate with an eligible public entity such as an urban county; and
WHEREAS, non-entitlement cities, having a population of less than 50,000, and do not qualify to receive their own allocation of Community Development Block Grant (CDBG), HOME Investment Partnership, or Emergency Solutions Grant (ESG) funding desire to cooperate and coparticipate with County in this venture; and WHEREAS, a Cooperation Agreement by and between City and County establishes the formal relationship to cooperate and co-participate and is specifically authorized under the provisions of Government Code Section 6502 and 26227; and WHEREAS, non-entitlement cities have previously, by an official act of pronouncement expressed its intent and desire to cooperate and participate with County in its plan application and to engage in housing and community development activities within its incorporated limits thereunder; and
WHEREAS, participating non-entitlement cities understand that in becoming part of the Urban County, City automatically participates in the CDBG, HOME and ESG Programs, which provide eligible local jurisdictions with federal funds for affordable housing activities; and WHEREAS, participating non-entitlement cities desire to enter into this Cooperation Agreement ("Agreement") with the County of San Mateo so that it may qualify, under applicable provisions of the Act and HUD regulations, as co-participant with County ineligible activities under the Act; and
WHEREAS, the proposed amendments are put forth to acknowledge ongoing litigation and challenge certain new and unlawful terms and conditions imposed on federal grant awards under the Act for Federal fiscal years 2027, 2028, and 2029 and one subsequent three-year period after that; and
WHEREAS, the amendment clarifies that any terms and conditions in conjunction with the court-issued Preliminary Injunction prohibiting HUD shall not be enforceable in connection with, any HUD grants awarded to the County; and
NOW, THEREFORE, BE IT RESOLVED, that the Atherton City Council concurs with and approves the Cooperation Agreements between the County and non-entitlement cities, as approved by County Counsel as to form, and hereby authorizes execution of Cooperation Agreements with non-entitlement cities for participation in the County’s housing and community development programs
PASSED AND ADOPTED by the City Council of the Town of Atherton held on this 17th day of June 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Stacy Holland, Mayor
ATTEST:
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Anthony W. Suber, City Clerk
APPROVED AS TO FORM:
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Mona Ebrahimi, City Attorney