DATE: October 10, 2023
TO: Mayor and City Council
FROM: Assistant City Manager
SUBJECT
Title
Adopt a Resolution Authorizing the Formation of the Hayward Economic Development Corporation as a Nonprofit Public Benefit Corporation; and Finding the Action is Exempt from CEQA Review
RECOMMENDATION
Recommendation
That the Council adopts a resolution (Attachment II) authorizing the formation of the Hayward Economic Development Corporation (Corporation) as a nonprofit public benefit corporation and finding the action is exempt from CEQA review.
End
SUMMARY
The Government Code enables cities, and other local jurisdictions, to perform economic development activities. (See Gov’t Code §52201, §52202 and §52203). Additionally, it is a public policy of the State to protect and promote sound development of economic opportunities (Gov’t. Code . §52200.4). Under Government Code §§52200-52203, public money may be spent and private property acquired for creating economic opportunity, which constitutes a public use.
Staff recommends the formation of the Corporation as a nonprofit public benefit corporation (the "Corporation”) organized under Section 509(a)(3)(A) as a supporting organization organized exclusively to benefit and support the City of Hayward in implementing the economic development activities throughout the city, along with other related objectives. Staff also recommends that the Council authorize the formation of the Corporation and to authorize the City Manager to enter into and execute the Formation Documents, all in such forms as approved by City Attorney, and to take any other actions, necessary to enable the formation of the Corporation, as well as any and all other activities contemplated in the attached resolution.
ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution