CITY COUNCIL OF THE CITY OF HAYWARD
RESOLUTION NO.
Introduced by Council Member
RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AFFORDABLE HOUSING FUNDING AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF HAYWARD AND THE CITY OF HAYWARD GRANTING $2 MILLION OF ARPA-SLFRF FUNDS TO THE HOUSING AUTHORITY OF 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") received funding pursuant to Title IX, Subtitle M, Section 9901 of the American Rescue Plan Act of 2021 (P.L. 117-2) (Coronavirus State and Local Fiscal Recovery Funds)("ARPA-SLFRF") to provide homelessness assistance ("ARPA-SLFRF Funds"); WHEREAS, the Housing Authority and the City desire to enter into that certain Affordable Housing Funding Agreement (the “Funding Agreement”) pursuant to which the City will grant $2 million of ARPA-SLFRF Funds to the Housing Authority for use in affordable housing program activities consistent with ARPA-SLFRF and the implementing regulations at 31 C.F.R. Part 35 and rules at 86 FR 26786, 26819, May 17, 2021; 87 FR 4338, 4446, Jan. 27, 2022 (collectively, "ARPA-SLFRF Rules"); and WHEREAS, the City has determined that the approval of the Funding Agreement is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the approval of the Funding Agreement will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts. The Authority will conduct future CEQA review at such time as there is a project or proposal for the use of the ARPA-SLFRF Funds.
NOW THEREFORE, BE IT RESOLVED by the City Council 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 City Council hereby approves the execution and final negotiation by the City Manager of the Funding Agreement, incorporating the terms of the Term Sheet identified in attachment A incorporated herein by this reference, 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 City Manager and approved by the City Attorney; and BE IT FURTHER RESOLVED, that the City hereby makes the grant of the ARPA-SLFRF Funds in the amount of two million and 00/100 dollars ($2,000,000.00) on the condition that the Housing Authority agrees to use the ARPA-SLFRF Funds only for eligible activities consistent with the requirements of the ARPA-SLFRF Rules.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon its adoption.
HAYWARD, CALIFORNIA, _____________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ___________________________
Miriam Lens, City Clerk
APPROVED AS TO FORM:
By:
Michael S. Lawson, City Attorney
163\19\3750762.1
Attachment II