RESOLUTION NO. 66 — 2021
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE AFFORDABLE
HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM AND RELATED ACTIONS WHEREAS, the State of California, the Strategic Growth Council (" SGC"), and the State of California Department of Housing and Community Development (" Department") issued a Notice of Funding Availability ("NOFA") dated February 26, 2021 under the Affordable Housing and Sustainable Communities ("AHSC") Program, established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and
WHEREAS, the City of East Palo Alto (" City") and MidPeninsula The Farm, Inc./ EPACANDO jointly, the "Developer") desire to apply jointly for AHSC Program funds for the 965 Weeks Affordable Housing Project and submit a completed Application Package to the Department for the AHSC Program; and
WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement, and the Department is authorized to administer the approved funding allocations of the AHSC Program,
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY authorizes and directs the City Manager to.
1. Submit to the Department the AHSC Program Application, as detailed in the NOFA dated February 26, 2021 for Round 6, in a total amount not to exceed $ 30, 000, 000 of which up to 19,000,000 is requested as a loan for an Affordable Housing Development ("AHSC Loan") and up to $ 11, 000,000 is requested for Sustainable Transportation Infrastructure, Transit - Related Amenities, or Program activities ("AHSC Grant") as defined in the AHSC Program Guidelines adopted by the SGC on February 24, 2021;
2. Negotiate and execute a Cooperative Agreement, in a form approved by the City Attorney, with the San Mateo County Transit District ("
SamTrans") and the Peninsula Corridor Joint
Powers Board (" JPB") as non -applicant partners, that commits each party to complete their respective activities as described in the Application Package if the AHSC Program Application is approved, and as required by Section 106(a)( 12) of the Program Guidelines;
3. If the AHSC Program Application is successful, enter into, execute, and deliver a State of California Standard Agreement (" Standard Agreement") in a total amount not to exceed 30,000,000 ( up to $ 19, 000,000 for the AHSC Loan and up to $ 11, 000,000 for the AHSC Grant), and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, in a form approved by the City Attorney ( collectively, the " AHSC Documents"), subjecting the City to the terms and conditions specified in the Standard Agreement; and
4. If the AHSC Program Application is successful, negotiate and execute an agreement Cooperation and Implementation Agreement") with the Developer, SamTrans, and the JPB, in a form approved by the City Attorney, to allocate responsibilities and liabilities of each party for the AHSC Loan and AHSC Grant.
BE IT F U RT HER RESOLVED THAT funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. The City hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package.
PASSED AND ADOPTED this 18t" day of May 2021, by the following vote:
AYES: Abrica, Gauthier, Lopez, Wallace -Jones, and Romero NOES:
ABSENT:
ABSTAIN:
ATTEST:
Carlos Romero, Mayor
APPROVED AS TO FORM:
Walfred Solorzang6; City Clerk Rafael E o Jr., City Attorney