APPROVED AS TO FORM AND LEGALITY
_________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY OF OAKLAND TO APPLY
FOR, ACCEPT, AND APPROPRIATE FUNDS AS A LOCAL AGENCY
JOINT PARTNER UNDER THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT’S HOMEKEY +
PROGRAM FOR THE 3135 SAN PABLO AFFORDABLE HOUSING
PROJECT AT 3135 SAN PABLO AVENUE AND 967 32ND STREET IN AN AMOUNT NOT TO EXCEED $13,000,000, AND MAKING RELATED
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, the California Department of Housing and Community Development ("California HCD") has issued a Notice of Funding Availability (“NOFA”), dated November 26, 2024, for the Homekey + Program (“Homekey +” or “Program”) pursuant to: Health and Safety Code Section 50675.1.3 (Assembly Bill No. 140, 2021-2022 Reg. Sess.); Health and Safety Code Section 50675.1.5 (Assembly Bill No. 531, 2023-2024 Reg. Sess.); Section 14184.402 of the Welfare and Institutions Code; Section 5891.5 of the Welfare and Institutions Code; and Round 5 and 6 of the Homeless Housing, Assistance and Prevention (“HHAP”) grant program (Assembly Bill No. 129, Chapter 40, Statutes 2023) and Assembly Bill No. 166, Chapter 48, Statutes 2024), respectively; and
WHEREAS, California HCD is authorized to administer Homekey + pursuant to the Multifamily Housing Program (Chapter 6.7, commencing with Section 50675 of Part 2 of Division 31 of the Health and Safety Code), and Homekey funding allocations are subject to the terms and conditions of the NOFA, the application for funding, the California HCD-approved STD 213, Standard Agreement with the City of Oakland (“City”) and other partners (the “Standard Agreement”), and all other legal requirements of the Homekey + Program; and WHEREAS, the Homekey + Program will make available grant funding to local public entities, including cities, counties, or other local public entities within California to sustain and
rapidly expand housing for persons experiencing homelessness or at-risk of homelessness, and who are, thereby, inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic; and
WHEREAS, Resolution No. 89976, adopted on November 7, 2023, authorized the City Administrator to apply on behalf of the City as a local agency partner with developers/operators for Round Four Homekey (i.e., Homekey +) projects, and provided that staff would return to the City Council for approval of specific Homekey + projects; and WHEREAS,Resolution No. 89976, adopted on November 7, 2023, waived any City requirements under its Local and Small Local Business Enterprise (L/SLBE) Program, Local Employment Program, and Oakland Apprenticeship Program, for Homekey and Homekey + projects; and
WHEREAS, Resolution No. 89977, adopted on November 7, 2023, established the Rapid Response Homeless Housing (“R2H2”) Program, allocated funds to the R2H2 Program, authorized the City Administrator to fund loans or grants from R2H2 funds without returning to Council, including using R2H2 funds as a local capital or operating match for Homekey projects, and waived application of the above-referenced City’s employment and contracting programs for R2H2-funded projects; and
WHEREAS, the City’s Housing & Community Development Department issued a NOFA for New Construction of Multifamily Affordable Rental Housing (“City New Construction NOFA”) on September 23, 2024, to solicit proposals from potential developers/operators for New Construction projects; and
WHEREAS, Satellite Affordable Housing Associates, Plaza Housing, L.P., and Plaza Housing LLC submitted a proposal in response to the City New Construction NOFA to develop the 3135 San Pablo affordable housing project for persons experiencing homelessness or at-risk of homelessness at 3135 San Pablo and 967 32nd Street in the City (the "Project"); and WHEREAS, the Project involves 73 total units with 25 units for people experiencing homelessness and on-site supportive services; and
WHEREAS, the Project met the City New Construction NOFA’s threshold scoring and requirements in staff’s evaluation of project proposals; and WHEREAS, the City of Oakland desires to jointly apply for Homekey + grant funds with Plaza Housing, LP, Plaza Housing, LLC, and Satellite Affordable Housing Associates to California HCD for the Project. Therefore, Applicant is joining Plaza Housing, LP, Plaza Housing, LLC, and Satellite Affordable Housing Associates in the submittal of an application for Homekey+ funds (“Application”) to HCD for review and consideration; and WHEREAS, the City Administrator will determine what R2H2 local matching funds, if any, will be provided to the Project under the authority delegated to the City Administrator under Resolution No. 89977; and
WHEREAS,on October 1, 2019, the City adopted Ordinance No. 13564 C.M.S., an Emergency Ordinance Declaring a Shelter Crisis in the City of Oakland, with provisions to suspend State or local regulatory statues, regulations, and ordinances that could prevent timely delivery of housing and shelter solutions for the City’s homeless residents, which Homekey projects could address with the support of exemptions from local City contract compliance requirements; and
WHEREAS, the City is the Lead Agency for this action for purposes of environmental review under the California Environmental Quality Act of 1970 ("CEQA"); and WHEREAS, the City has determined pursuant to Planning Case File No. PLN20138 that the Project is exempt from CEQA review pursuant to CEQA Guidelines Sections 15332 (infill development), 15183 (consistency with local zoning), and 15183.3 (streamlining for urban infill projects); and
RESOLVED: That the City Council hereby authorizes the City Administrator to submit a joint application with Satellite Affordable Housing Associates, Plaza, L.P., and Plaza Housing LLC (together, “Developer”), or an approved affiliate of Developer, to California HCD for the Project in response to the City New Construction NOFA in an amount not to exceed $13,000,000; and be it
FURTHER RESOLVED: That the City Administrator is authorized to accept and appropriate the Homekey + grant funds in the amounts stated to the California Housing and Community Development Fund (2144), 3135 San Pablo Project; and be it FURTHER RESOLVED: That, if the application for a Homekey + grant funding of the Project is approved, the City Administrator, or his or her designee, is authorized to enter into, execute, and deliver a Standard Agreement for the total amount awarded to the Project, and any and all other documents required or deemed necessary or appropriate to secure the Homekey + funds from California HCD, and all amendments thereto (collectively, “the Homekey + Documents”), on behalf of the City as a local agency partner, and to participate in the Homekey + Program with respect to the Project; and be it
FURTHER RESOLVED: That the City acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, that the NOFA and application will be incorporated in the Standard Agreements by reference and made a part thereof, that any and all activities, expenditures, information, and timelines represented in the application will be enforceable through the Standard Agreement, and that funds are to be used for the allowable expenditures and activities identified in the Standard Agreement; and be it FURTHER RESOLVED:That, contingent upon the award of Homekey + funds for the Project, the City Administrator is hereby authorized to enter into a grant or loan agreement with Plaza Housing, LP, Plaza Housing, LLC, and Satellite Affordable Housing Associates, or an approved affiliated entity or entities, to provide Homekey + funds, along with any local matching funds, if any, to the Project; and be it
FURTHER RESOLVED: That the above agreements shall be reviewed and approved by the Office of the City Attorney for form and legality and placed on file in the Office of the City Clerk; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to conduct negotiations, draft and execute documents (including the Homekey+ Documents), administer the loan or grant, extend or modify the repayment terms, and take any other action with respect to the Project and the application for and acceptance of Homekey + funds, consistent with this Resolution and its basic purpose.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES -BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3399918v1 / DR – Updated 2/13/2025