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R-2024-029
RESOLUTION NO. R-2024-029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA TO (1) AUTHORIZE THE CITY TO SUBMIT AN APPLICATION TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE COMPETITIVE PERMANENT LOCAL HOUSING
ALLOCATION (CPLHA) AND, IF SELECTED, AUTHORIZE THE COMMUNITY
DEVELOPMENT DIRECTOR TO EXECUTE A STANDARD AGREEMENT, ANY
AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE CPLHA PROGRAM
WHEREAS, the State Department of Housing and Community Development (HCD or Department) is authorized to provide up to $12.5 million under the SB 2 Permanent Local Housing Allocation Program Competitive 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 released a Notice of Funding Availability (NOFA) on March 6, 2024 for the Competitive Permanent Local Housing Allocation (CPLHA) Program with funding applications due June 6, 2024; and
WHEREAS, the City of Pismo Beach is an eligible non entitlement local government who has applied for program funds to administer an eligible activity; for Seahaven Apartments and the amount of CPLHA funds not to exceed $5,000,000; and
WHEREAS, HCD may award, subject to selection criteria set forth in PLHA guidelines section 403, funding allocations for applicants recommended for funding, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement and other contracts between the Department and PLHA competitive grant recipients.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves and resolves as follows:
1. If the City is awarded a grant of PLHA funds from the Department pursuant to the above referenced PLHA Competitive Component 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 the City may have with the Department.
2. The City hereby agrees to use the PLHA funds for the eligible activity for which the City has submitted an application, as set forth in Section 401 of the Guidelines, and as awarded and approved by the Department in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6
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R-2024-029
in compliance with the Standard Agreement and other contracts between the City and the Department.
3. Pursuant to the City’s certification in this resolution, the PLHA funds will be expended only for the eligible Activity for which the City has submitted an application, and consistent with all program requirements.
4. The City certifies that, if funds are awarded for the development of new multifamily housing at or below 60 percent of area medium income (AMI) or substantial rehabilitation of multifamily rental housing at or below 60 percent of AMI, the City shall comply with Uniform Multifamily Regulations Subchapter 19, Title 25, Division 1, Chapter 7, commencing with Section 8300 and the Multifamily Housing Program Guidelines commencing with Section 7300.
5. The City certifies that, if funds are awarded for the development of an Affordable Rental Housing Development, the City 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 the Department- approved underwriting of the Project for a term of at least 55 years.
6. The City 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.
7. The Community Development Director is authorized to execute the PLHA Competitive Component Program Application, the PLHA Competitive Component Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA Competitive Component grant awarded to the City, as the Department may deem appropriate.
UPON MOTION OF Council Member Inman, seconded by Mayor Pro Tem Reiss, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 21st day of May 2024, by the following vote:
AYES: 3 Inman, Reiss, Waage
NOES: 0
ABSENT: 2 Guthrie, Newton
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6
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R-2024-029
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________.
________________________
Erica Inderlied, City Clerk
CERTIFICATE AND SIGNATURE OF THE ATTESTING OFFICER
The undersigned, Officer of the City of Pismo Beach 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 Council of the City of Pismo Beach 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.
________________________
Erica Inderlied, City Clerk
DocuSign Envelope ID: BAF5D5A2-D0AD-4CA3-9834-621D381EF6E6 5/23/2024