Attachment No. 1
RESOLUTION NO. 24-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORWALK
APPROVING THE APPLICATION FOR GRANT FUNDING FROM THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT’S PERMANENT LOCAL HOUSING ALLOCATION
PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL RELATED DOCUMENTS
WHEREAS, the California Department of Housing and Community Development (HCD), is authorized to provide up to $296 million under the Senate Bill 2 (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 Department of HCD issued a Notice of Funding Availability (“NOFA”) dated December 29, 2023 under the Permanent Local Housing Allocation (PLHA) Program; and
WHEREAS, the City of Norwalk is an eligible local government who has applied for program funds to administer one or more eligible activities; and WHEREAS, the HCD 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 HCD and PLHA grant recipients.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORWALK HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS:
Section 1.If the City of Norwalk receives a grant of PLHA funds from the HCD 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 HCD.
Section 2.The City of Norwalk 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 B of the current NOFA $3,556,572 in accordance with all applicable rules and laws.
Section 3.The City of Norwalk 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 HCD.
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Section 4.Pursuant to Section 302(c)(4) of the Guidelines, the City of Norwalk’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution as Exhibit A, 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.The City of Norwalk 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 6.The City of Norwalk 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 the City of Norwalk’s certification in this resolution, the PLHA funds will be expended only for eligible activities and consistent with all program requirements.
Section 8.The City of Norwalk 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.The City of Norwalk 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.The City of Norwalk 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 HCD.
Section 11.The City Manager 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 the Applicant, as the HCD may deem appropriate.
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Section 12.The Mayor, or presiding officer, is hereby authorized to affix her signature to this Resolution signifying its adoption by the City Council of the City of Norwalk and the City Clerk, or her duly appointed assistant, is directed to attest thereto.
APPROVED AND ADOPTED on this 20th day of February 2024. ____________________________
MARGARITA L. RIOS
MAYOR
ATTEST:
______________________
THERESA DEVOY, CMC
CITY CLERK