ATTACHMENT 1
RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDMENT TO THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN FOR YEARS 2020, 2021, 2022 AND 2023 AND AUTHORIZING SUBMITTAL TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, the Department is authorized to provide up to $296 million under the 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)); WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program; WHEREAS, the City of Pomona is an eligible Local government applying for the program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation; WHEREAS, the City of Pomona submitted its Five-Year Permanent Local Housing Allocation Plan on July 23, 2020 and was approved by the California Department of Housing and Community on October 5, 2020; WHEREAS, the City of Pomona Amended its Five-Year Permanent Local Housing Allocation Plan on August 2, 2021 and October 3, 2022 to change eligible activities and re-allocate funding among the eligible activities; WHEREAS, the City of Pomona needs to amend its PLHA Plan for Years 2020, 2021, 2022 and 2023 to address changing priorities, and these changes involve more than 10% of the PLHA annual funding allocation; 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 PLHA grant recipients; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1. The City of Pomona hereby approves and adopts the Amendment to its Permanent Local Housing Allocation Plan for Years 2020, 2021, 2022 and 2023, which is hereto attached as Exhibit A.
SECTION 2. If the City of Pomona receives a grant of PLHA funds from the Department 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 Department.
SECTION 3. The City of Pomona 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 $6,410,670 in accordance with all applicable rules and laws.
SECTION 4. The City of Pomona 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 Department.
SECTION 5. Pursuant to Sections 302(c)(4) and 302(c)(5) of the Guidelines, the City’s PLHA Plan Amendment for the 2019-2023 Allocations is attached to this Resolution, and the City hereby adopts this PLHA Plan Amendment and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.
SECTION 6. The City of Pomona 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 7. The City of Pomona certifies that it has or will delegate some or all of its PLHA funds to a Local or Regional Housing Trust Fund, Pursuant to Guidelines Section 300 (d), it will enter into a legally binding agreement with the Local or Regional Housing Trust Fund and the funds will be expended for eligible activities consistent with Program Requirements.
SECTION 8. The City of Pomona certifies that its selection process of these sub grantees was or will be accessible to the public and avoided or shall avoid conflicts of interest.
SECTION 9. Pursuant to the City’s certification in this Resolution, the PLHA funds will be expended only for eligible activities and consistent with all program requirements.
SECTION 10. The City of Pomona 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 11. The City of Pomona certifies that, if funds are used 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 City’s approved underwriting of the Project for a term of at least 55 years.
SECTION 12. The City of Pomona 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 13. The City Manager or her designee 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 City, as the Department may deem appropriate.
APPROVED AND ADOPTED THIS 15th day of APRIL 2024.
ATTEST: CITY OF POMONA:
Rosalia A. Butler, City Clerk Tim Sandoval, Mayor
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
I, ROSALIA A. BUTLER, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Resolution was adopted at a Regular Meeting of the City Council of the City of Pomona held on the 15th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pomona, California, this 15th day of April 2024.
Rosalia A. Butler, City Clerk