HAYWARD CITY COUNCIL RESOLUTION NO. 22____
Introduced by Council Member
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE LOAN DOCUMENTS BETWEEN THE CITY OF HAYWARD AND BAY AREA COMMUNITY SERVICES IN AN AMOUNT NOT TO EXCEED $5.4 MILLION FOR THE CITY’S SCATTERED SITE HOUSING PROGRAM WHEREAS, the City of Hayward, a municipal corporation, (the “City”) is authorized to do business in the State of California; and WHEREAS, on September 6, 2022, the Governor of California approved Assembly Bill 179 (“AB 179”) under the State Budget Act of 2022; and WHEREAS, Section 19.56 of AB 179 lists all member priority projects, award amounts, and state agencies responsible for administering the funds; and WHEREAS, Section 19.56 of AB 179 includes an appropriation of $5.4 million to the City for its Scattered Site Housing Program (the “Program”); and WHEREAS, on December 6, 2022, the City Council authorized the City Manager to 1) negotiate and execute any executing documents and any subsequent amendments, modifications, or documents thereto with the California State Department of Housing and Community Development and 2) accept and appropriate funds awarded by the California State legislature under AB 179 in the amount up to $5.4 million for the Program; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.; “CEQA”), the Program is a ministerial project and is therefore exempt from review pursuant to Public Resource Code Section 21080(b)(1), which states the general rule that CEQA does not apply to ministerial projects; and WHEREAS, the City wishes to allocate up to $5.4 million of the awarded funds and enter into a loan agreement with Bay Area Community Services (BACS) to implement the Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines that the Recitals above are true and correct and by this reference makes them a part hereof; and BE IT FURTHER RESOLVED, that the City Council hereby approves allocation in the amount of up to $5.4 million to the Program and authorizes the City Manager to negotiate and enter into a loan agreement with BACS to support the implementation of the Program; and BE IT FURTHER RESOLVED that the City hereby authorizes the City Manager to conduct, negotiate, execute documents, and administer the loan, extend or modify the repayment terms, and take any other action with respect to the loan and the Program consistent with this Resolution and its basic purpose; and BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.
IN COUNCIL, HAYWARD, CALIFORNIA , 2022
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: MAYOR:
NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS:
APPROVED AS TO FORM:
ATTEST:
City Clerk of the City of Hayward
City Attorney of the City of Hayward
ATTACHMENT III
ATTACHMENT III