Title
Adoption of Resolution Confirming Compliance with State Housing Laws, as Required by the Metropolitan Transportation Commission to Maintain Regional Transportation Funding Eligibility. (Planning, Building and Transportation 20962700)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The Metropolitan Transportation Commission (MTC) requires local jurisdictions to adopt a resolution stating compliance with state housing laws to maintain funding eligibility for One Bay Area Grant (OBAG 2 and OBAG 3) federal monies.
BACKGROUND
The MTC’s One Bay Area Grant Program “Project Selection and Programming Policies” requires local jurisdictions to demonstrate compliance with certain state housing laws to maintain funding eligibility. The City of Alameda (City) can self-certify compliance of state housing laws related to surplus lands, accessory dwelling units, and density bonuses by adopting a resolution stating compliance with state housing laws to have OBAG 2 federal monies included in the Fiscal Year (FY) 2023 annual obligation plan and to access funds in the OBAG 3 funding cycle. The City has three projects receiving OBAG 2 funds: Clement Avenue Safety Improvement Project, Central Avenue Safety Improvement Project and Grand Street Resurfacing and Safety Improvement Project. The City submitted two projects for OBAG 3 funding in the latest call for projects: Citywide High-priority Roundabouts and Lincoln Avenue/Marshall Way/Pacific Avenue Corridor Improvement Project.
DISCUSSION
As required by MTC Resolution No. 4505, adopted on January 26, 2022, the resolution acknowledges and confirms the following:
• The City agrees to comply with the Surplus Land Act (California Government Code § 54220, et seq.) as it exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development;
• The City agrees to comply with state laws related to Accessory Dwelling Units and Junior Accessory Dwelling Units as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code § 17980.12;
• The City agrees to comply with state Density Bonus Law (California Government Code § 65915, et seq.), as it exists now or may be amended in the future; and
• As of the adoption date of the corresponding Resolution, the City warrants and represents, in its actual and present knowledge, that it is in compliance with the aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending, alleging violations of the state housing laws by the City.
ALTERNATIVES
The City Council may consider a range of alternatives:
• Approve the local resolution;
• Approve the local resolution with revisions determined necessary by the City Council; and
• Take no action on the local resolution, and direct staff to proceed with another approach.
FINANCIAL IMPACT
Confirming compliance with State Housing laws does not have a fiscal impact. Taking no action on the local resolution to confirm compliance with State Housing laws would jeopardize the City’s eligibility for up to $28,582,000 in OBAG 2 and OBAG 3 funding. The City has been allocated $9,332,000 in OBAG 2 funds for the Clement Avenue Safety Improvement Project, Central Avenue Safety Improvement Project and Grand Street Resurfacing and Safety Improvement Project. The City submitted for $19,250,000 in OBAG 3 funds for the Citywide High-priority Roundabouts and Lincoln Avenue/Marshall Way/Pacific Avenue Corridor Improvement Project, with the Metropolitan Transportation Commission expected to decide on funding in early 2023.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code and the City's General Plan.
ENVIRONMENTAL REVIEW
Authorization of the local resolution for the grant is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment.
CLIMATE IMPACT
Complying with State Housing laws supports statewide and regional plans to address climate change.
RECOMMENDATION
Adopt a resolution confirming compliance with state housing laws, as required by MTC to maintain regional transportation funding eligibility.
Respectfully submitted,
Andrew Thomas, Director of Planning, Building and Transportation
By,
Gail Payne, Senior Transportation Coordinator
Financial Impact section reviewed,
Margaret L. O'Brien, Finance Director
cc: Nancy Bronstein, Interim City Manager
Erin Smith, Public Works Director