Attachment No. 2
RESOLUTION NO. 2022-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA APPROVING A SUBRECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF POMONA AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA FOR THE USE OF ARPA FUNDS FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY LOCATED AT 501 East Mission Boulevard in the City of Pomona (APN: 8335-014-907, -910, -915, -916, -919, -920 and -921) WHEREAS, the City of Pomona (“City”) currently owns in fee that certain real property located at 501 East Mission Boulevard in the City of Pomona (APN: 8335-014-907, -910, -915, -916, -919, -920 and -921) and legally described in Exhibit “A” attached to this resolution and incorporated by reference herein (the “Property”); and WHEREAS, the City has no use for the Property and is in the process of selling the Property to National Community Renaissance of California (“Developer”) pursuant to an Affordable Disposition and Development Agreement (“DDA”), which is on file at the offices of the City and was approved by the City Council on June 6, 2022; and WHEREAS, under the terms of the Agreement, the Developer will develop the Property as a new construction family development consisting of 75 apartment units including 15 live-work ground floor units (the “Project”), with 1 manager’s unit, 8 one-bedroom units to be operated under the Housing Choice Voucher Program using Project-Based Vouchers (PBVs), and the remaining 66 units targeted to families earning between 30% to 60% AMI, as well as a 3,766 square foot leasing and amenity space with a large multi-purpose community room, space for after-school programs, and group and individual conference rooms; and WHEREAS, the City received federal funding in the form of the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) under the American Rescue Plan Act (“ARPA”) in response to the coronavirus (“COVID-19”) pandemic; and WHEREAS, ARPA states the City may grant sub-awards to sub-recipients for the furtherance of an ARPA eligible use; and WHEREAS, the City desires to make a grant of ARPA SLFRF funds to the Developer in connection with the Project, subject to the terms and conditions of the Sub-recipient Agreement (“Agreement”), attached hereto as Exhibit “B” and incorporated herein by this reference.
NOW, THEREFORE, the City Council of the City of Pomona, California does hereby find, order, and resolve as follows:
SECTION 1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council finds that the sub-award of ARPA SLFRF funds to the Developer under the Agreement will further the goals and purposes of the City, and is in the best interest of the City and of the health, safety and welfare of the residents of the City.
SECTION 3. The City has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SECTION 4. The City Council hereby approves the Agreement in substantially the form presented, subject to any non-substantive revisions which do not increase the City’s liability and are approved by the City Attorney, and authorizes the City Manager to sign and enter into the Agreement and perform the obligations of the City under the Agreement.
SECTION 6. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
SECTION 7. This Resolution shall become effective immediately upon its adoption.
SECTION 8. The City Clerk of the City of Pomona shall certify as to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 6th day of June, 2022.
ATTEST: CITY OF POMONA:
_________________________ ______________________
ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk Mayor
APPROVED AS TO FORM:
_______________
Sonia Carvalho
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)
CITY OF POMONA )
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on June 6, 2022 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSE
EXHIBIT “A”
TO
RESOLUTION NO. 2022-105
LEGAL DESCRIPTION OF PROPERTY
EXHIBIT “B”
TO
RESOLUTION NO. 2022-105
SUBRECIPIENT AGREEMENT