HomeMy WebLinkAboutRES NO 085-2020RESOLUTION NO. 085-2020
RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD'S
APPLICATION FOR SB 2 PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM FUNDS
WHEREAS, all of the council members of the City of Bakersfield
("Applicant") hereby consents to, adopts and ratifies the following resolution;
and
WHEREAS, the California Department of Housing and Community
Development is authorized to provide up to $195 million under the SB 2
Permanent Local Housing Allocation Program Formula Component from the
Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as
described in Health and Safety Code section 50470 et seq. (Chapter 364,
Statutes of 2017 (SB 2)); and
WHEREAS, the State of California (the "State"), Department of Housing
and Community Development ("Department") issued a Notice of Funding
Availability ("NOFA") dated 02/26/2020 under the Permanent Local Housing
Allocation (PLHA) Program; and
WHEREAS, Applicant is an eligible Local government applying for the
program to administer one or more eligible activities, or a Local or Regional
Housing Trust Fund to whom an eligible Local government delegated its PLHA
formula allocation; and
WHEREAS, the Department may approve funding allocations for PLHA
Program, subject to the terms and conditions of the Guidelines, NOFA,
Program requirements, the Standard Agreement and other contracts between
the Department and PLHA grant recipients.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals are true and correct and are incorporated herein.
2. If Applicant receives a grant of PLHA funds from the Department pursuant to
the above referenced PLHA NOFA, it represents and certifies that it will use all
such funds in a manner consistent and in compliance with all applicable state
and federal statutes, rules, regulations, and laws, including without limitation all
rules and laws regarding the PLHA Program, as well as any and all contracts
Applicant may have with the Department.
Applicant is hereby authorized and directed to receive a PLHA grant, in an
amount not to exceed the five-year estimate of the PLHA formula allocations, o� bAK,,11
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as stated in Appendix C of the current NOFA, $10,385,415, in accordance with
all applicable rules and laws.
3. Applicant hereby agrees to use the PLHA funds for eligible activities as
approved by the Department and in accordance with all Program
requirements, Guidelines, other rules and laws, as well as in a manner
consistent and in compliance with the Standard Agreement and other
contracts between the Applicant and the Department.
4. Applicant certifies that it has or will subgrant some or all of its PLHA funds to
another entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity"
means a housing developer or program operator, but does not mean an
administering Local government to whom a Local government may delegate
its PLHA allocation.
5. Applicant certifies that its selection process of these subgrantees was or will be
accessible to the public and avoided or shall avoid any conflicts of interest.
6. Pursuant to Applicant's certification in this resolution, the PLHA funds will be
expended only for eligible Activities and consistent with all program
requirements.
7. Applicant certifies that, if funds are used for the acquisition, construction or
rehabilitation of for -sale housing projects or units within for -sale housing
projects, the grantee shall record a deed restriction against the property that
will ensure compliance with one of the requirements stated in Guidelines
Section 302(c)(6)(A),(B) and (C).
B. Applicant certifies that, if funds are used for the development of an Affordable
Rental Housing Development, the Local government shall make PLHA
assistance in the form of a low-interest, deferred loan to the Sponsor of the
Project, and such loan shall be evidenced through a Promissory Note secured
by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and
rents in accordance with a Local government -approved underwriting of the
Project for a term of at least 55 years.
9. Applicant shall be subject to the terms and conditions as specified in the
Standard Agreement, the PLHA Program Guidelines and any other applicable
SB 2 Guidelines published by the Department.
10. Christopher Boyle, Development Services Director or Christian Clegg, City
Manager are authorized to execute the PLHA Program Application, the PLHA
Standard Agreement and any subsequent amendments or modifications
thereto, as well as any other documents which are related to the Program or
the PLHA grant awarded to Applicant, as the Department may deem
appropriate.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
JNN 7 L 911711 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYES COUNCILMEMBER: RIVERRA ONZALES, WEIR, SMITH, SULLIVAN, PARLIER, FREEMAN
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: Nord,
ABSENT: COUNCILMEMBER: Nrrx�—
N L (�'/,4q,61
AYLIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED JUN 2 L 2020
By:
KAREN GOH
MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
qSHUA�� H.RUDNICK
uty City Attorney
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