DRAFT
RESOLUTION NO. 2024-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 OF CEQA
EXEMPTION
WHEREAS, the City is estimated to be allocated $1,653,166 in CDBG entitlement funding and $145,693 in ESG entitlement funding from the United States Department of Housing and Urban Development (HUD) for FY 2024-2025; 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 January 11, 2024, and the Citizens Advisory Committee held public hearings on February 21, 2024, and March 7, 2024, and March 28, 2024 where the public had an opportunity to be heard; and
WHEREAS, on May 7, 2024, the City Council conducted a public hearing on the proposed FY 2024-25 CDBG and ESG Programs Final State of Community Development Objectives and projected Use of Funds and the FY 2024-25 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. CDBG Funds for FY 2024-25 are allocated as specified in Exhibit 3, the CDBG and ESG Statement of Community Development Objectives and projected Use of Funds.
SECTION 2. 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 2024-25 or a greater entitlement allocation from HUD in FY 2024-25. b. Reserve unallocated funds to provide gap funding or fund projects that meet emerging needs.
SECTION 3. The City’s FY 2024-25 Annual Action Plan attached as Exhibit 2 (“Action Plan”) and the Final Statement of Community Development Objectives and Projected Use of Funds FY
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Attachment: Exhibit 4 - Resolution FY 24-25 CDBG Funding Recommendations Clean v2 (5145 : FEDERAL ACTION PLANS)
2024-25, attached as Exhibit 3 (“Final Statement) are approved, 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 2024-2025 Annual Action Plan and the CDBG and ESG programs.
SECTION 4. 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 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, 2024 with the grantees recommended for funding in the amounts set forth in the FY 2024-25 Annual Action Plan contingent upon a finding of no significant impact in the corresponding environmental assessments, and contingent upon adoption of the budget.
ADOPTED, , 2024, 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
5.B.d
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Attachment: Exhibit 4 - Resolution FY 24-25 CDBG Funding Recommendations Clean v2 (5145 : FEDERAL ACTION PLANS)
DRAFT
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING AND AUTHORIZING THE SUBMITTAL OF
THE SUBSTANTIAL AMENDMENT TO THE FY 20 19/2020 ANNUAL
ACTION PLAN WITH THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT AND GRANTEE AGENCIES
WHEREAS, the City has been allocated a special allocation of CDBG funds authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act), for the purpose of preventing, preparing for and responding to the COVID-19 pandemic; and
WHEREAS, Fremont citizens have been afforded an adequate opportunity to provide public comment on the use of CDBG CARES Act funding as required the U.S. Department of Housing and Urban Development, as City staff published a public notice on December 8, 2020 requesting comments; and
WHEREAS, the FY 2019/2020 Action Plan must be amended to reallocate CARES Act funding; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City’s FY 2019/2020 CDBG Action Plan, is amended to reallocate CARES Act funding and the City Manager or designee is authorized to submit the Amended Action Plan to HUD.
SECTION 2. 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;
ADOPTED, _____________, 2024, by the City Council of the City of Fremont, by the following vote:
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Attachment: Exhibit 5 - CDBG CARES 19-20 Amendment Resolution v2 (5145 : FEDERAL ACTION PLANS)
AYE:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _________________________________ City Clerk Sr. Deputy City Attorney
5.B.e
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Attachment: Exhibit 5 - CDBG CARES 19-20 Amendment Resolution v2 (5145 : FEDERAL ACTION PLANS)