CITY OF MERCED
MERCED
CITY CLERK'S CERTIFICATE
I, STEPHANIE DIETZ, City Clerk of the City of Merced, California, do hereby certify that the attached document, entitled:
RESOLUTION 2021-114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MERCED, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF AN APPLICATION TO THE
PERMANENT LOCLA HOUSING ALLOCATION
PROGRAM OF THE STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT; AND THE EXECUTION OF A
STANDARD AGREEMENT IF SELECTED FOR FUNDING
AND ANY AMENDMENTS THERETO; AND ANY
RELATED DOCUMENTS NECESSARY TO THE
PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM
is a true and correct copy of the original on file in the Office of the Merced City Clerk, Merced, California.
DATED: December 22, 2021 STEPHANIE DIETZ,
CITY CLERK
MERCED CAL
BY:
JOHN TRESIDDER
CIT Deputy City Clerk
RESOLUTION NO. 2021-114
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM OF THE
STATE OF CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT;
AND THE EXECUTION OF A STANDARD
AGREEMENT IF SELECTED FOR FUNDING AND
ANY AMENDMENTS THERETO; AND ANY
RELATED DOCUMENTS NECESSARY TO THE
PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM
WHEREAS, the City of Merced, a California Charter Municipal Corporation, ("Applicant"), hereby consents to, adopts and ratifies the following resolution:
WHEREAS, the State of California (the "State") Department of Housing And Community Development ("Department", ', HCD) is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation Program (PLHA) 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, HCD issued a Notice of Funding Availability ("NOFA") dated 05/03/2021 under the PLHA Program; and,
WHEREAS, the Applicant is an eligible Local government applying for the Housing Trust Fund to one or anet gigi Local over men cal gre is PLA 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 PLA grant recipients.
X: \Resolutions\202 Planning/Authorizing PLHA Application.docx 1 NOW THEREFORE, THE CITY COUNICL OF THE CITY OF MERCED
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS
FOLLOWS:
SECTION 1. If the City of Merced as Applicant receives a grant of PLA funds from the Department pursuant to the above referenced PLA 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 hereby agrees the PLHA plan contains 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 with Merced's Housing Element.
SECTION 2. The City of Merced as Applicant is hereby authorized and directed to receive a PLA 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 $3,112,314 in accordance with all applicable rules and laws.
SECTION 3. The City of Merced hereby agrees to use the PLA 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 4. 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 5. 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.
X: Resolutions 2021\Planning\Authorizing PL.HA Application doex 2 SECTION 6. 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 7. Pursuant to Applicant's certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.
SECTION 8. 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 9. 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.
SECTION 10. 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.
SECTION 11. The City Manager or Deputy City Manager is hereby 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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X:\Resolutions|2021 \Planning\Authorizing PL.HA Application.docx 3 ...
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _20th day of December _ 2021, by the following vote:
AYES: 7 Council Members: BLAKE, BOYLE, ECHEVARRIA, ORNELAS,
PEREZ, SERRATTO, SHELTON
NOES: 0 Council Members: NONE
ABSENT: 0 Council Members: NONE
ABSTAIN: 0 Council Members: NONE
APPROVED:
Meet Sam th
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
C,
MERCED
BY: N
Assistan Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
Kimbaschny 1811421
City Atorney
X: (Resolutions 2021 \Planning\Authorizing PLHA Application docx