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procedural issue, whereby the site was acquired prior to the completion of the HUD- <br /> required environmental review, was found to preclude the use of CDBG funds. <br /> Therefore, these CDBG funds are proposed to be reprogrammed to another capital <br /> project (they cannot be used for public services (program) or administrative costs). <br /> Environmental Determination <br /> As the Tri-Valley Haven's rebuild project is recommended to be funded with federal <br /> CDBG funds, the project is subject to CDBG environmental regulations of the U.S. <br /> Department of Housing and Urban Development (HUD) contained in 24 CFR Part 58. <br /> The environmental review for the construction project of this scope involves hiring a <br /> consultant to undertake and complete the environmental review procedures. Where a <br /> project involves two or more agencies, a "lead agency" must be designated to prepare <br /> the necessary environmental document. <br /> The City of Livermore is also proposing CDBG funding to support the shelter rebuild <br /> project (pending Livermore City Council approval), and for Livermore to be the lead <br /> agency for the environmental review, since the shelter is located in the city. If <br /> Livermore's funding is also approved,its staff would similarly request their City <br /> Manager, or designee, to enter into a Memorandum of Understanding (MOU) with <br /> Pleasanton designating Livermore as the lead agency for the environmental review. <br /> The draft MOU is included as Attachment 2. <br /> Staff recommends the City Council provide comments on the attached draft Annual <br /> Action Plan, which is currently available for review for a 30-day public comment period <br /> (March 31 through May 1, 2023), as deemed appropriate, listen to any public testimony <br /> regarding the plan, and approve the document for submission to HUD by the May 16, <br /> 2023, deadline. Staff will forward the final document to Alameda County for <br /> incorporation into the composite Annual Action Plan for the Consortium to be submitted <br /> to HUD by the May 16, 2023, deadline. <br /> Staff also recommends the City Council approve the MOU with the City of Livermore to <br /> undertake and complete a joint Environmental Review for the Tri-Valley Haven's <br /> Emergency Shelter Rebuild Project. <br /> Page 3 of 4 <br />