RESOLUTION NO. 2022 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AUTHORIZING THE APPLICATION AND
ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM
A necessary quorum and majority of the members of the City Council of the City of Anaheim hereby consents to, adopts, and ratifies the following resolution:
A. WHEREAS, the Department is authorized to provide up to $335 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)).
B. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 under the Permanent Local Housing Allocation (PLHA) Program:
C. WHEREAS, the City of Anaheim (“Anaheim”) is an eligible Local government who has 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;
D. 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 THAT:
1. If Anaheim receives a grant of PLHA f unds 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 Anaheim may have with the Department.
2. Anaheim 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 of $12,931,710.00 in accordance with all applicable rules and laws.
3. Anaheim 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 Anaheim and the Department.
4. Pursuant to Section 302(c)(4) of the Guidelines, Anaheim’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Anaheim hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. Anaheim certifies that it was delegated as Not Applicable to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and Anaheim is submitted with the PLHA application.
6. Anaheim 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.
7. Anaheim certifies that its selection pr ocess of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.
8. Pursuant to Anaheim’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
9. Anaheim 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).
10. Anaheim 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.
11. Anaheim 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.
12. Housing and Community Development Director Grace Ruiz-Stepter is/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 Anaheim, as the Department may deem appropriate.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of December, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ____________________________
ASHLEIGH E. AITKEN
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
__________________________________
CITY CLERK OF THE CITY OF ANAHEIM
Signature of Approving Officer: ______________________________ Ashleigh E. Aitken, Mayor
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Anaheim, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City of Anaheim which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST: __________________________
Signature of Attesting Officer
Theresa Bass, City Clerk