Resolution 2023-XX Page 1 of 2 DRAFT
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT APPROVING AND AUTHORIZING THE SUBMITTAL OF THE FY 202 3- 2024 FINAL STATEMENT OF CDBG AND ESG COMMUNITY
DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS AND
THE ANNUAL ACTION PLAN; AND AUTHORIZING THE EXECUTION
OF CDBG AND ESG AGREEMENTS WITH THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND
GRANTEE AGENCIES; AND MAKING FINDINGS O F CEQA
EXEMPTION
WHEREAS, the City of Fremont (“City”) has been allocated $1,740,164 in CDBG entitlement funding and $153,361 in ESG entitlement funding from the United States Department of Housing and Urban Development (“HUD”) for FY 2023-2024; and
WHEREAS, Fremont residents have been afforded an adequate opportunity to participate in an advisory role in planning the federal funding programs as City staff held a public workshop on the federal fund process on February 2, 2023, and the Citizens Advisory Committee held public hearings on March 15, 2023, and March 24, 2023, and April 13, 2023 where the public had an opportunity to be heard; and
WHEREAS, on May 9, 2023, the City Council conducted a public hearing on the proposed FY 2023-24 CDBG and ESG Programs Final State of Community Development Objectives and projected Use of Funds and the FY 2023-24 Annual Action Plan, afforded the public an opportunity to be heard, and considered the staff report including the staff recommendations therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds that the CDBG-funded capital projects are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to, without limitation, pursuant to CEQA Guidelines Section 15301 as the repair, maintenance or minor alteration of existing facilities involving negligible or no expansion of use, and/or CEQA Guidelines Section 15302 as replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site and have substantially the same purpose and capacity as the replaced structure. Each of the foregoing provides a separate and independent basis for CEQA exemption. Funding will not be distributed for a project until appropriate National Environmental Policy Act (“NEPA”) review and clearance is completed.
SECTION 2. CDBG Funds for FY 2023-23 are allocated as specified in Exhibit 3, the CDBG and ESG Statement of Community Development Objectives and projected Use of Funds.
Resolution 2023-XX Page 2 of 2
SECTION 3. The City Manager or designee shall take such actions necessary to: (a) Allocate additional funds to public service projects should the City receive additional program in FY 2023- 24 or a greater entitlement allocation from HUD in FY 2023-24; and (b) Reserve unallocated funds to provide gap funding or fund projects that meet emerging needs.
SECTION 4. The City’s FY 2023-24 Annual Action Plan, attached to the May 9, 2023 City Council report as Exhibit 2 (“Action Plan”), and the Final Statement of Community Development Objectives and Projected Use of Funds FY 2023-24, attached as Exhibit 3 (“Final Statement), are approved and incorporated by this reference, and the City Manager or designee is authorized to submit the approved Action Plan and Final Statement to HUD and to execute assurances of compliance with applicable laws and regulations, and to take all other necessary actions for implementation of the FY 2023-2024 Annual Action Plan and the CDBG and ESG programs.
SECTION 5. The City Manager or designee is authorized to execute the CDBG and ESG entitlement funding agreements with HUD.
SECTION 6. The City Manager or designee is hereby authorized to execute CDBG agreements effective July 1, 2023 with the grantees recommended for funding in the amounts set forth in the FY 2023-24 Annual Action Plan contingent upon a finding of no significant impact in the corresponding environmental assessments, and contingent upon adoption of the budget.
ADOPTED, , 2023, by the City Council of the City of Fremont, by the following vote:
AYE:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney