RESOLUTION NO. __________________
RESOLUTION AUTHORIZING THE CITY OF BAKERSFIELD TO
AMEND THE PLAN FOR THE PERMANENT LOCAL HOUSING
ALLOCATION PROGRAM
WHEREAS, the California Department of Housing and Community Development is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation (PLHA) 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 (“State”), Department of Housing and Community Development (“Department”) i ssued a Notice of Funding Availability (“NOFA”) dated October 15, 2024, under the PLHA Program; and
WHEREAS, City of Bakersfield (“City”) is an eligible local government that has previously 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 fu nding allocations for the PLHA Program, subject to the terms and condit ions 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 Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and are incorporated herein.
2. City is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-yea r estimate of the PLHA formula allocations, as stated in App endix B of the current NOFA, of $10,385,412, in accordance with all applicable rules and laws.
3. City 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, in a manner consistent and in compliance with the Standard Agreement and other contracts between City and the Department.
4. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, City’s PLHA Plan Amendment for the 2020-2023 Allocations is attached hereto as Exhibit “A,” attached hereto and made a part of, and City hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
5. City 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.
6. City certifies that its selection of these subgrantees was or will be accessible to the public and avoide d or shall avoid any conflicts of interest.
7. Pursuant to City’s certification in this resolution, the PLHA funds will be expended only for eligible activities and consistent with all Program requirements.
8. City 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 complia nce with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B), and (C).
9. City certifies that, if funds are used for the development of an Affordable Rental Housing Development, the local government shall make PLHA assistance available 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.
10. City shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Pr ogram Guidelines, and any other applicable SB 2 Guidelines published by the Department.
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11. Mayor or City Manager, are author ized 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 City, as the Department may deem approp riate, in accordance with the parameters herein.
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 __________________, by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZAL ES, WEIR, SMITH, BASHIRTASH, KOMAN, KAUR N O E S : C O U N C I L M E M B E R :
A B S T A I N : C O U N C I L M E M B E R :
A B S E N T : C O U N C I L M E M B E R :
__________________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the Council of the
City of Bakersfield
APPROVED _________________
By: _______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
By: ____________________________
VIRGINIA GENNARO
City Attorney