RlWDSlfn)Imi \\UJ
Approved as to Form and Legality
City Attorney’s Office
OAKLAND CITY COUNCIL
88 0 16 C.M.S.Resolution No.
RESOLUTION AUTHORIZING THE CITY TO APPLY FOR, ACCEPT
AND APPROPRIATE LOAN AND GRANT FUNDS UNDER THE STATE
OF CALIFORNIA’S 2018-2019 AFFORDABLE HOUSING AND
SUSTAINABLE COMMUNITIES PROGRAM FOR THE FRUITVALE
TRANSIT VILLAGE IIB PROJECT LOCATED AT 35th AVENUE AND
EAST 12th STREET, IN AN AMOUNT NOT TO EXCEED $30,000,000, AND
AUTHORIZE AGREEMENTS WITH BART AND AC TRANSIT FOR
TRANSPORTATION-RELATED IMPROVEMENTS
WHEREAS, the State of California, the Strategic Growth Council (“SGC”) and the California Department of Housing and Community Development (“Department”) have issued a Notice of Funding Availability dated November 1st, 2019 (“NOFA”), under the Affordable Housing : 'andiShstainable Communities (“AHSC”) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and
WHEREAS, there will be two applications submitted for projects in the City of Oakland; and WHEREAS, a resolution is required for each application for which the City of Oakland is a joint applicant; and
WHEREAS, Bridge Housing Corporation and the Spanish Speaking Unity Council of Alameda County, Inc. (“Bridge and Unity Council”), as joint applicants with the City, desire to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and
WHEREAS, the City of Oakland, as a joint applicant with Bridge and Unity Council, desires to apply for AHSC Program funds and to submit the Application Package released by the Department for the AHSC Program for the Project (as defined below); and WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and
WHEREAS, the Department is authorized to administer the approved funding allocations of the AHSC Program; and
WHEREAS, there is substantial need for additional funds for the development of affordable housing in the City of Oakland; and
WHEREAS, the project known as Fruitvale Transmit Village IIB located at 35th Avenue & East 12th Street 2227 International Boulevard (the “Project”) was vetted by the City’s Housing Development Services staff and is being supported by the City to apply for an award of AHSC program funds; and
WHEREAS, the City Council wishes to delegate authority to the City Administrator or his or her designee to apply for, receive and accept such AHSC Program Funds on behalf of the City, and to negotiate, execute, enter into and deliver such agreements and instruments with the Department related to or in connection with such AHSC Program Funds without returning to the City Council, including agreements with San Francisco Bay Area Rapid Transit District (“BART”) and the Alameda-Contra Costa Transit District (“AC Transit”) for transportation-related improvements; now, therefore, be it
RESOLVED: That the City is hereby authorized and directed to incur an obligation for the AHSC Loan, and that in connection with the AHSC Loan, the City Administrator or his or her designee is hereby authorized and directed on behalf of the City to enter into, execute, and deliver a State of California Standard Agreement in an amount not to exceed $20,000,000 and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent ahd purpose of this Resolution or as may be required by the Department in connection with the AHSC Loan, and all amendments thereto (collectively, the "AHSC Loan Documents"); and be it FURTHER RESOLVED: That the City is hereby authorized and directed to incur an obligation for the AHSC Grant, and that in connection with the AHSC Grant, the City Administrator or his or her designee is hereby authorized and directed on behalf of the City to enter into, execute, and deliver a State of California Standard Agreement in an amount not to exceed $10,000,000 and any and all other documents required or deemed necessary or appropriate to carry into effect the full intent and purpose of this Resolution, in order to evidence the AHSC Grant, the City’s obligations related thereto, and the Department's security therefor, including, but not limited to, a disbursement agreement, a covenant and certain other documents required by the Department as security for, evidence of, or pertaining to the AHSC Grant, and all amendments thereto (collectively, the "AHSC Grant Documents", and, together with the AHSC Loan Documents, collectively, the “AHSC Documents”); and be it FURTHER RESOLVED: That the City Administrator is authorized to negotiate and enter into an agreement that provides for joint and several liability and mutual indemnities between joint applicants as the City Administrator deems necessary; and be it FURTHER RESOLVED: That said agreements shall be reviewed and approved by the City Attorney’s Office for form and legality prior to their execution by the City, and copies will be placed on file with the City Clerk; and be it
FURTHER RESOLVED: That the City Administrator or his or her designee on behalf of the City of Oakland is authorized to accept the California Strategic Growth Council Affordable Housing and Sustainable Communities Program funds, and appropriate said funds in an amount not to exceed $30,000,000 to the Project; and be it
FURTHER RESOLVED: That, if awarded, the housing portions of said AHSC Loan and AHSC Grant funds shall be deposited in the State of California Fund (2159), Housing Development Organization (89929), Project (TBD), and transportation portions of said AHSC Loan and AHSC Grant funds shall be deposited in the State of California Fund (2159), Complete Streets Design Organization (35212), Project (TBD); and be it
FURTHER RESOLVED: That the City shall be subject to the terms and conditions as specified in the Standard Agreements; that funds are to be used for allowable capital asset Project expenditures to be identified in Exhibit A or other relevant portions of the Standard Agreements; that the application in full is incorporated as part of the Standard Agreements; that any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreements; and that the City hereby agrees to use the funds for eligible capital assets in the manner presented in the application as approved by the Department and in accordance with the NOFA and applicable AHSC Program Guidelines; and be it FURTHER RESOLVED: That the City Council hereby appoints the City Administrator or his or her designee, as agent of the City, to conduct negotiations, execute and deliver all documents (including, without limitation, all AHSC Documents), accept AHSC Program Funds, and take any and all other action with respect to the AHSC Program and the AHSC Loan and AHSC Grant as required by the Department for participation in the AHSC Program; and be it FURTHER RESOLVED: That the City Administrator or his or her designee is hereby authorized to negotiate and execute agreements with BART and AC Transit pertaining to transportation-related improvements funded by the AHSC Loan or AHSC Grant; and be it [Remainder Intentionally Blank]
./
■ /.
/
/
/
/
/
/
FURTHER RESOLVED: That the City Administrator or his or her designee is hereby authorized to take any other action with respect to the AHSC Loan, the AHSC Grant, or the Project consistent with this Resolution and its basic purposes.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
rfilflltlfTP KALB, KAPLAN/REID, TAYLOR, THAO AND
FORTUNATO BAS —Zj/L
FEB 0 4 2020
AYES-
NOES -0
ABSENT-
ABSTENTION - 0
1 ATTEST:
ASHA REED
City Clerk and Clerk of theuHouncil of the
City of Oakland, California
2881762 v3