HomeMy WebLinkAboutCC RESO 2021-162RESOLUTION NO. 2021 -162
RESOLUTION OF THE CITY COUNCIL OF CITY OF NATIONAL CITY, CALIFORNIA,
AUTHORIZING AN APPLICATION FOR YEAR ONE AND YEAR TWO FUNDING OF THE
PLHA PROGRAM PLAN AND REAPPROVING THE FIRST AMENDMENT TO THE PLHA
PROGRAM PLAN TO INCORPORATE HOMELESS OUTREACH, CASE MANAGEMENT,
EMERGENCY HOUSING, AND OTHER HOUSING SERVICES FOR HOMELESS
INDIVIDUALS AND FAMILIES OR THOSE AT RISK OF BECOMING HOMELESS
WHEREAS, the State of California Department of Housing and Community
Development ("Department") is authorized to provide up to $304 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 Department issued a Notice of Funding Availability ("NOFA") dated
May 3, 2021, under the Permanent Local Housing Allocation ("PLHA") Program; and
WHEREAS, the City of National City ("City") is an eligible local government that
applied for program funds 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; and
WHEREAS, the approved PLHA Plan §302(c)(4)(A) adopted by City Council
Resolution 2020-164 on August 18, 2020 states as the first of three priorities: "The City of
National City is proposing 100% of its PLHA funds towards housing opportunities for those
earning 60% of the San Diego County Area Median Income (AMI) through three types of
activities in order of priority as follows: 1) to begin as Emergency Rental Assistance Program
that will help families with low income in the City of National City who experience financial
hardship due to an emergency"; and
WHEREAS, on June 15, 2021, City staff recommended amending the PLHA approved
Plan for year one and year two to propose 100% of its PLHA funds towards housing
opportunities for those earning 60% of the San Diego County Area Median Income (AMI),
including basic and emergency services for the homeless, including outreach, case
management, homeless prevention, emergency housing, and rental assistance
WHEREAS, the City Council approved the First Amendment on June 15, 2021 by City
Resolution 2021-90; and
WHEREAS, the Department is now requesting that the First Amendment be
reapproved in the form of the resolution that reflected the Department's approved template
and that was satisfactory to the Department's legal.counsel; and
WHEREAS, City staff requests that City Council reapprove the First Amendment to
the PLHA in the form of the resolution that reflects the Department's approved template and
that was satisfactory to the Department's legal counsel.
Resolution No, 2021 — 162
Page Two
NOW, THEREFORE, THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE,
DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the application and submittal of the application to the
Department for years one and two.
Section 2: Reapproves the First Amendment to the §302(c)(4) Plan.
Section 3: 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 a!I 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.
Section 4: 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, as stated in
Appendix C of the current NOFA in accordance with all applicable rules and laws.
Section 5: 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.
Section 6: Pursuant to Section 302(c)(4) of the Guidelines, Applicant's PLHA Plan
for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this
PLHA Plan and certifies compliance with all public notice, public comment, and public hearing
requirements in accordance with the Guidelines.
Section 7: 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.
Section 8: 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.
Section 9: Pursuant to Applicant's certification in this resolution, the PLHA funds
will be expended only for eligible activities consistent with all program requirements.
Section 10: 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).
Section 11: 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.
Resolution No. 2021 — 162
Page Three
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.
Section 12: Applicant shall be subject to the terms and conditions specified in the
Standard Agreement, the PLHA Program Guidelines, and any other applicable SB 2
Guidelines published by the Department.
Section 13: City Manager or City Manager's designee is 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.
Section 14: The City Clerk shall certify the passage and adoption of this Resolution
and enter it into the book of original Resolution.
PASSED and ADOPTED this 2nd day of November 2021.
Alejanfira Sotelo-Solis, Mayor
ATTEST:
Luz Molina,LtEtC (Qt Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Att
Passed and adopted by the City Council of the City of National City, California, on
November 2, 2021, by the following vote, to -wit:
Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
BY:
.IX.L
Ci Clerk of th
n
ity t', )California
of Nat nal Ci
Q
Shelley Chapel, C, Depuy City Clerk