ATTACHMENT NO. 1
RESOLUTION NO. 2023-33
RESOLUTION NO. 2023-33 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AUTHORIZING THE CITY TO BE A CO-APPLICANT AND CO-RECIPIENT OF CALIFORNIA HOUSING ACCELERATOR FUNDS THROUGH THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE EAST END VILLAGE AFFORDABLE HOUSING PROJECT IN THE CITY OF POMONA
CALIFORNIA HOUSING ACCELERATOR
EAST END VILLAGE
WHEREAS, Cesar Chavez Foundation (the “Developer”), a California non-profit public benefit corporation and has submitted a proposal for the development of a 90-unit affordable housing complex in the City of Pomona, California (the “Project”); and WHEREAS, the Project will consist of 100% affordable units for low and very low income households; and WHEREAS, the California Department of Housing and Community Development ("Department"), as authorized by Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code, has issued a Project Solicitation and Guidelines, dated February 28, 2022, Amended August 31, 2022, under its California Housing Accelerator program (“Solicitation”); WHEREAS, The City of Pomona (“Public Entity”) is authorized and directed to submit an application in response to the Solicitation (the “Application”); and WHEREAS, the Department will make a conditional commitment of California Housing Accelerator funds in reliance on the representations in that Application (the “California Housing Accelerator Loan”).
NOW, THEREFORE, IT IS RESOLVED, that the Public Entity is hereby authorized and directed to act in connection with the Department’s award of the California Housing Accelerator Loan.
RESOLVED FURTHER: That in connection with the California Housing Accelerator Loan, the Public Entity is authorized and directed to enter into, execute, and deliver an STD 213 (the “Standard Agreement”) in an amount not to exceed $46,386,823, and any and all other documents required or deemed necessary or appropriate to secure the California Housing Accelerator Loan from the Department and to participate in the California Housing Accelerator program, and all amendments thereto (collectively, the “California Housing Accelerator Loan Documents”).
RESOLVED FURTHER: Public Entity acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the Solicitation and the Standard Agreement will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures, uses, and activities identified in the Standard Agreement.
RESOLVED FURTHER: That the City Manager or his designee is hereby authorized to execute the Application and the California Housing Accelerator Loan Documents on behalf of the Public Entity.
RESOLVED FURTHER:
SECTION 1. The recitals set forth above are true and correct and are hereby incorporated into this Resolution by this reference.
SECTION 2. The City Council further authorizes the City Manager to enter into, execute, and deliver the Standard Agreement in an amount not to exceed $46,386,823, and the California Housing Accelerator Loan Documents and to make or approve any non-substantive changes therein.
SECTION 3. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Public Entity declares that the Public Entity would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
SECTION 4. This Resolution shall become effective immediately upon its adoption.
SECTION 5. The City Clerk shall certify adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of March, 2023.
ATTEST: CITY OF POMONA:
_________________________ _______________________________ ROSALIA A. BUTLER, MMC Tim Sandoval
City Clerk, MMC 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 March 6th, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Rosalia A. Butler, MMC
City Clerk
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