HomeMy WebLinkAbout2009-271
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(NOTE: COMPANION RESOLUTIONS CDC/2009-35.& CDC/2009-36)
RESOLUTION NO.
2009-271
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXPENDITURE OF CERTAIN NEIGHBORHOOD STABILIZATION
PROGRAM ("NSP") FUNDS PURSUANT TO THE HOUSING AND
ECONOMIC RECOVERY ACT OF 2008 ("HERA") IN ACCORDANCE
WITH NSP GRANT NUMBER B-08-MN-06-0520 IN THE PRINCIPAL
AMOUNT EQUAL TO $8,408,558
WHEREAS, the City of San Bernardino (the "City") has received a certain grant in the
8 principal amount of $8,408,558 as Neighborhood Stabilization Program ("NSP") funds pursuant to
9 the Housing and Economic Recovery Act of 2008 ("HERA") and in accordance with a Funding
10 Approval and Grant Agreement duly executed by and between the City and the United States
11 Department of Housing and Urban Development ("HUD") as NSP Grant Number B-08-MN-06-
12 0520;and
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WHEREAS, the City intends to authorize the Redevelopment Agency of the City of San
14 Bernardino (the "Agency"), pursuant to this Resolution, to administer all such NSP Funds as shall
15 be received by the City pursuant to said NSP Grant and to otherwise provide for and administer the
16 NSP program that shall be undertaken within the City by the Agency as required of the City under
17 the Funding Approval and Grant Agreement; and
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WHEREAS, the City recognizes that various non-profit corporations, whether controlled by
19 the Agency or which are independent of the Agency, will be acquiring title to single-family
20 foreclosed homes and multi-family foreclosed rental projects that have similarly been foreclosed by
21 the applicable lenders in an effort to implement the process for the acquisition, demolition or
22 rehabilitation and resale of all such foreclosed properties or building lots after completion of
23 demolition; and
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WHEREAS, it is necessary at this time for the City to specifically authorize the actions as
25 required to be undertaken by the Agency for the administration of the NSP funds and the
26 disbursement of such NSP funds to various non-profit corporations accepting title to foreclosed
27 properties within designated target areas or elsewhere in the City as may be permitted by HERA and
28 in furtherance of the use of the NSP funds by the Agency on behalf of the City; and
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2009-271
1 WHEREAS, the Funding Approval and Grant Agreement (the "NSP Grant Agreement") by
2 and between HUD and the City as was finally executed on April 23, 2009, and a copy of said
3 Agreement is attached to this Resolution as Exhibit "A".
4 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
6 FOLLOWS:
7 Section 1. The facts set forth in the Recitals to this Resolution are accurate and correct in all
8 respects.
9 Section 2. This Mayor and Common Council of the City of San Bernardino (this "Council")
10 hereby authorizes and directs the Agency staff, subject to confirmation and ratification by the
11 Community Development Commission of the City of San Bernardino (the "Commission"), to
12 implement all aspects of the NSP program and the disbursement of the NSP grant funds that are
13 available to the City pursuant to HERA and as further set forth in the NSP Grant Agreement. The
14 Agency shall be solely responsible for all administrative, audit and compliance matters required
15 either under HERA or the NSP Grant Agreement as may be required for the use of the NSP funds
16 within the City.
17 Section 3. This Council further authorizes and directs that the NSP funds as shall be
18 received by the City and administered by the Agency as authorized by this Resolution shall be used
19 and applied for the following categories of expenditures and programs and not to exceed the dollar
20 amounts as provided in this Section 3:
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$920,000 - Down payment assistance for qualified single family homebuyers;
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(a)
(b)
$2, I 00,000 - rental housing opportunities for households at or below 50% of Area
Median Income for multi-family rentals housing projects to be acquired by non-profit
corporations which are either independent of the Agency or controlled by the
Agency;
(c)
$920,000 for acquisition, demolition and redevelopment of single-family and multi-
family residential structures to be acquired by either the Agency or non-profit
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2009-271
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corporations which are either independent of the Agency or controlled by the
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Agency; and
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(d)
$3,700,000 for the acquisition, rehabilitation and resale of single-family foreclosed
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residences through an Intermediary Services Program as may be initiated and
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approved by the Commission for the Agency either by the Agency or through non-
profit corporations which are either independent of the Agency or controlled by the
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Agency.
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(e)
Staff is authorized to make a one-time transfer up to twenty percent (20%) of any line
item to another line item based on need.
10 The Agency shall be further authorized and directed to payor reimburse to the Agency from the
11 NSP funds as are allocated to the various categories of housing activities specified above such dollar
12 amounts as are required to provide for the effective administration and management of the NSP
13 program as shall be implemented by the Agency. Such dollar amounts of the NSP funds to be used
14 and applied by the Agency for such administration and management shall not exceed those dollar
15 limitations and other limitations on eligible expenditures as may be established by HUD either
16 pursuant to HERA or which are otherwise applicable to the use of the NSP funds.
17 Section 4. This Resolution shall take effect upon its adoption and execution in the manner
18 as required by the City Charter.
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2009-271
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXPENDITURE OF CERTAIN NEIGHBORHOOD STABILIZATION
PROGRAM ("NSP") FUNDS PURSUANT TO THE HOUSING AND
ECONOMIC RECOVERY ACT OF 2008 ("HERA") IN ACCORDANCE
WITH NSP GRANT NUMBER B-08-MN-06-0520 IN THE PRINCIPAL
AMOUNT EQUAL TO $8,408,558
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
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joint regular
meeting
thereof, held on the 20th day of
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July
, 2009, by the following vote to wit:
Aves
Abstain
Absent
Nays
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x
x
x
x
x
x
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,~ b. C)__,w\jf,
Rachel G. Clark, City Clerk
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20 The foregoing Resolution is hereby approved this ~J ~ day of
July
,2009.
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27 By:
~~
atrc J. orr~
. y of San Bernardino
Approved as to Form:
James F. Penman, City Attorney
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EXHIBIT "A"
2009-:-271
2009-105
FUNDING APPROVAL AND GRANT AGREEMENT FOR
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
AS AUTHORIZED AND APPROPRIATED UNDER THE
HOUSING AND ECONOMIC RECOVERY ACT OF 2008
(PUBLIC LAW 110-289, JULY 30, 201lS)
NSP GRANTEE:
City of San Bernardino
NSP GRANT NUMBER:
n-OS.MN-06-0520
NSP GRANT AMOUNT:
$8,408,558
MAR -:1 2n:r..
NSP APPROVAL DATE:
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
City of San Bemardino (Grantee) is made pursuant to the authority of sections 2301 - 2304 of
the Housing and Economic Recovery Act of 2008 (public Law 110-289 (July 30, 2008))
(HERA). The program established pursuant to section 2301-2304 is known as the
"Neighborhood Stabilization Program" or "NSP." The Notice of Allocations, Application
Procedures, Regulatory Waivers Granted to and Altemative Requirements for Redevelopment of
Abandoned and Foreclosed Homes Under the Housing and Economic Recovery Act, 2008
pnblished at 73 FR 58330 (October 6,2008) (Notice); HERA; the Grantee's submission for NSP
assistance (Grantee Submission); the HUD regulations at 24 CFR Patt 570 (as modified hy the
Notice and as now in effcct and as may be amended from time to timc) (Regulations); and this
Funding Approval, including any special conditions, constitute part of the Grant Agreement.
Subject to the provisions of this Grant Agreement, HUD will make NSP Grant Funds in the
amount of $8,408,558 available to thc Grantee upon execution of this Grant Agreement by the
parties. The Grantee shall have 18 months from the date of HUD's execution of this Grant
Agreement to obligate the NSP Grant Amount pursuant to the requirements of HERA and the
Notice, The Grantee shall have 48 months from the date of 1-IUD's execution of this Grant
Agreement to expend the NSP Grant Amount pursuant to the requirements of the Notice. The
NSP Grant Funds may be nsed to pay eligible costs arising from eligible uses incUlTed after the
NSP Approval Date provided tbe activities to which such costs are related are canied out in
compliance with all applicable requirements. Pre-award planning and general administrative
costs may not be paid with funding assistance except as permitted in the Notice; the Notice limits
such costs to those incun'ed on or after September 29, 2008. Other pre-award costs may not be
paid with funding assistance except as petmitted by 24 CFR 570.200(h); for purposes of NSP,
such costs are limited to those incurred on or after the date that the NSP substantial amendment
was recei ved by 1-1UD,
2009-;271
2009-105
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The Grantee agrees to assume all of the responsibilities for environmental review,
decision making, and actions, as specified and required in regulations issued by the Secretary
pursuant to Section 104(g) of Title 1 of the Housing and COl11l11unity Development Act, as
amcnded (42 U.S.C. 5304) and published in 24 CFR Palt 58. The Grantee further acknowledges
its responsibility for adherence to the Grant Agrecment by sub-recipient entities to which it
makes funding assistance hereunder available.
This Grant Agreement may be amended only with the prior written approval of HUD. In
considering proposed amendments to this Grant Agreement, HUD shall review, among other
things, whether the amendment is otherwise consistent with lIBRA, the Notice, and the
Regulations.
. The Grantee may amend its Grantee Submission; however, such amendments, including
substantial amendments as defined in 24 CFR Part 91, will be subject to the requirements of 24
CFR Part 91 (or any successor regulation) and any revisions HUD may make to the Notice (or
any successor Notice or regulation).
The Grantee shall at all times maintain an up-to-date copy of its Grantee Submission, including
all amendments approved by HUD, on its Internet website as required by the Notice, FUlther,
the Grantee shall maintain information on all drawdowns, deposits, and expenditures of grant
funds and program income under this Funding Approval and Grant Agreement and any other
records required by 24 CFR 570.506, in its files and shall make such information available for
audit or inspection by duly authorized representatives of HUD, IIDD's Office of the Inspector
General, or the Comptroller General of the United States.
The Grantee shall submit infornJation on perfOlmance measurement as established by the
Secretary for activities undertaken with NSP grant funds.
The Grantee is advised that providing [alse, fictitious or misleading information with respect to
NSP Grant Funds may result in criminal, civil or administrative prosecution under 18 USC
~1001, 18 USC ~1343, 31 USC ~3729, 31 USC ~3801 or anothcr applicable statute.
Close-out of this grant shall be subjcct to the provisions of 24 CFR 570.509 or such close-out
instructions as may hcreaftcr bc issued by HUD spccifically for NSP grants.
2009-271
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2009-105
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This NSP Grant Agreement is binding with respect to HUD in accordance with its terms upon
the execution by HUD in the space provided above, subject to execution on behalf of the
Grantee.
The United States Department of
Housing and Urban Develollment
The Grantee
City of San Bernardino
~~al
h,l;t?h!K V m~S'
Name of Authorizcd Official
Signature of AuthOlized Offici'
William G. Vasquez
Name of Authorized Official
Director
COl11l11unity Planning and Dcvclopment
/J/.-?f"#,,-{,
Title of Authorizcd Official
Title of Authorized Official
3<r~
Date of Sigrtur
7"/.2.3/0 9
Date of Signat~re
95-6000772
Grantee Tax Identification Number
FOI' HUD CFO Use Onlv
Current Balances
Increases/Decrcases
Ending Balancc
Datc