Resolution 2022-XX Page 1 of 4
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
FOR LOCAL HOUSING TRUST FUND PROGRAM GRANT FUNDS AND
MAKING FINDINGS OF CEQA EXEMPTION
WHEREAS, the California Department of Housing and Community Development (the "Department") is authorized to provide up to $57 million under the Local Housing Trust Fund ("LHTF") Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code (“HSC”) Section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) ("Program"); and
WHEREAS, the State of California (the "State"), Department of Housing and Community Development ("Department") issued a Notice of Funding Availability ("NOFA") dated April 5, 2022 under the LHTF Program; and
WHEREAS, the City of Fremont ("Applicant") is an eligible Local Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds; and
WHEREAS, the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of Health and Safety Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the Department and LHTF award recipients; and WHEREAS, the City Council's action on in this resolution is exempt from the California Environmental Quality Act pursuant to, without limitation, CEQA Guidelines Sections 15378(b) and (b)(4)-(5), 15262, and 15061(b)(3), each as a separate and independent basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:
SECTION 1. LHTF funds awarded to the City of Fremont from the Department pursuant to the above referenced LHTF NOFA, City represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts City may have with the Department ("Eligible Project").
NOW, THEREFORE, IT IS RESOLVED: That the Local HTF is authorized to act as the Manager in connection with the Department's funds to Eligible Projects pursuant to the above-described Notice of Funding Availability in an amount not to exceed $5,000,000 (the
Resolution 2022-XX Page 2 of 4
"LHTF Award").
SECTION 1. The City of Fremont agrees to match on a dollar-for-dollar basis the LHTF Award pursuant to Guidelines Section 104. City agrees to utilize matching funds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.S(c).
SECTION 2. Pursuant to attached Summary of Uses of Program and Matching Funds (Attachment 1) and the City of Fremont's certification in this Resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.
SECTION 3. Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in compliance and that have submitted their Housing Element Annual Progress Report (APR) for the current year or prior year by the application due date.
SECTION 4. City of Fremont shall be subject to the terms and conditions as specified in the Standard Agreement, Health and Safety Code Section 50842.2 and LHTF Program Guidelines.
SECTION 5. The City Manager or Designee is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to the City of Fremont, as the Department may deem appropriate. The current City Manager and Designee are as specified in the City Council staff report of May 17, 2022. Additional or substitute Designees may be appointed by the City Manager at their discretion and shall not require further action of this Council.
ADOPTED, _____________, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Resolution 2022-XX Page 3 of 4
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney
Resolution 2022-XX Page 4 of 4
ATTACHMENT 1
Summary of Uses of Program and Matching Funds
The City of Fremont is committed to use the Program Funds and Matching Funds to support new construction of affordable rental housing within its jurisdictional boundary:
• No less than 40% of the Program Funds and Matching Funds will be dedicated for Extremely Low-Income (ELI) households.
• Project(s) funded by the Program Funds and Matching Funds will be affordable and restricted to households with average incomes of no more than 60 percent of AMI.
• None of the Program Funds and Matching Funds will be dedicated for moderate income households.
• Program Funds will be matched at least one dollar for every dollar of the Program Funds.
• Matching Funds sources will include impact/in-lieu fees.