HOUSING AUTHORITY OF THE CITY OF HAYWARD
RESOLUTION NO. HA- 22
Introduced by Board Member
RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AFFORDABLE HOUSING COOPERATION AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF HAYWARD AND THE CITY OF HAYWARD WHEREAS, the Housing Authority of the City of Hayward (the “Housing Authority”) was formed to provide decent, safe and sanitary housing in the City of Hayward; and WHEREAS, the City of Hayward (the "City") adopted the Downtown Hayward Redevelopment Plan (the "Redevelopment Plan") and the Redevelopment Plan sets forth a plan for redevelopment of the Downtown Hayward Redevelopment Project Area (the "Project Area"); and WHEREAS, the dissolved Redevelopment Agency of the City of Hayward (the “Dissolved Agency”) acquired that certain property located at 123-197 "A" Street in the City of Hayward, California (the "Property"), located in the Project Area, with funds from the Dissolved Agency's Low and Moderate Income Housing Fund established pursuant to California Health and Safety Code Section 33334.2; and WHEREAS, the Dissolved Agency deeded the Property to the City and the City subsequently deeded the Property to the Housing Authority, with the Housing Authority acting in its capacity as the housing successor to the Dissolved Agency; and WHEREAS, on September 3, 2014 the Housing Authority and Habitat For Humanity East Bay/Silicon Valley, Inc. ("Habitat") entered into that certain Disposition, Development and Loan Agreement, as amended by that certain First Amendment to Disposition, Development and Loan Agreement, dated as of March 29, 2019 (collectively, "DDLA"), pursuant to which the Housing Authority intends to sell the Property to Habitat and provide a loan in the amount of Six Hundred Thousand Dollars (the "Authority Loan") to Habitat for the development of ten (10) units of affordable ownership housing that will be affordable to low income households (the "Development"); and WHEREAS, pursuant to Resolution No. 21-071, the City appropriated Four Million Nine Hundred Thouand Dollars ($4,900,000) of Inculsionary Housing Trust Fund monies to fund projects identified in the FY 2021 Housing Division Budget, which included an allocation of Two-Hundred Thousand Dollar ($200,000) (the "Inclusionary Funds") for the Development; and WHEREAS, the Housing Authority and the City desire to enter into that certain Affordable Housing Cooperation Agreement (the “Cooperation Agreement”) to allocate the Inclusionary Funds to the Housing Authority and to require the Housing Authority to enter into contracts to increase the supply of decent, safe and sanitary housing in the City of Hayward; and WHEREAS, pursuant to the Cooperation Agreement, the City will grant $200,000 of Inclusionary Funds to the Housing Authority for use in a variety of affordable housing programs, including increasing the Authority Loan from Six Hundred Thousand Dollars ($600,000) to Eight Hundred Thousand Dollars ($800,000) under the DDLA; and WHEREAS, the Authority Loan is being made to finance the costs of the Development in order to make the construction and operation of the Development financially feasible and to increase the supply of affordable ownership housing for families in the Project Area and the City of Hayward; and WHEREAS, the Authority previously determined that the project was categorically exempt from review under the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”) as a Class 32 exemption pursuant to Section 15332 of the CEQA Guidelines. No subsequent review is necessary pursuant to 14 California Code of Regulations Section 15162 because there have not been substantial changes: (1) in the improvements proposed to be funded under the DDLA; or (2) with respect to the circumstances under which the proposed project is being implemented, and (3) there has not been the appearance of new information which was not known and could not have been known as of the date of the DDLA.
NOW THEREFORE, BE IT RESOLVED by the Housing Authority Board of the City of Hayward that the Recitals above are true and correct and by this reference makes them a part hereof.
BE IT FURTHER RESOLVED, that the Housing Authority hereby approves the execution and final negotiation by the Executive Director of the Cooperation Agreement, in a form approved by the Housing Authority’s General Counsel, and all implementing documents and to take all reasonable steps which may be necessary to effectuate the approvals hereof, in such forms as may be agreed to by the Executive Director and approved by the Housing Authority’s General Counsel; and BE IT FURTHER RESOLVED, that the Housing Authority hereby accepts the grant of the Housing Funds in the amount of Two Hundred Thousand Dollars ($200,000) and agrees to use the Inclusionary Funds to combine funds previously allocated under the DDLA, thereby bringing the total assistance for the Development to Eight Hundred Thousand Dollars ($800,000); and BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.
IN HAYWARD, CALIFORNIA, APRIL __, 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS:
CHAIR:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ATTEST: _________________________________________________ Secretary
Housing Authority of the City of Hayward
APPROVED AS TO FORM:
By: _____
General Counsel
Housing Authority of the City of Hayward
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