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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: November 25, 2002

Subject/Title: Approve a Resolution authorizing the City Manager to execute State of California Department of Housing & Community Development Standard Agreement No. 03-JHBP-010 and any amendments thereto, for the Jobs Housing Balance Incentive Grant Program designated for project costs for the New Police Station project, CIP Project No. 337-3142.

Submitted by: Finance: P. Ehler/ K. Wahl
Community Development: M. Oshinsky/W. Rhodes

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the City Manager to execute State of California Department of Housing & Community Development Standard Agreement No. 03-JHBP-010 and any amendments thereto, in the amount of $493,493 for the Jobs-Housing Balance Incentive Grant Program, which is designated for project costs for the New Police Station project, CIP Project No. 337-3142.

PREVIOUS ACTION
None.

BACKGROUND
The Department of Housing & Community Development (HCD) Jobs-Housing Balance Incentive Grant Program (JHB) was created by AB 2864, Chapter 80 of the Statutes of 2000, which was added as Section 50544 of the Health and Safety Code. The innovative program was the first of its kind in the country to reward communities for approving residential development by providing a financial incentive for increasing the issuance of residential building permits.

A Notice of Funding Availability was released on November 1, 2001. City staff researched Brentwood’s eligibility for the program and the required grant application information. Unfortunately, due to budgetary constraints the funding appropriated for this program was eliminated prior to the award of any grants.

In January 2002, the State appropriated additional funding from Proposition 46, the Housing and Emergency Shelter Trust Fund Act to fund the JHB program. Agencies that would have been eligible for the prior JHB funding and had identified a capital asset project benefiting the community under the guidelines established in 2001 were contacted. The eligibility requirements were that cities and counties must have had both:

1. An adopted housing element that was determined by the HCD to have been in substantial compliance with the requirements of Article 10.6 of the Government Code as of and no later than December 31, 2001; and

2. Had at least an increase of 112% in building permits issued for new housing units between January 1, 2001 and December 31, 2001 over the annual average number building permits issued during the three-year period preceding 2001.

The City of Brentwood application certifying eligibility and identifying the new Police Station as the project for which the funds would be used was submitted to HCD in March, 2003. On June 25, 2003 the City was advised of the City’s award of $493,493 in Proposition 46 funding.

The project description that was submitted to HCD identified the original planned Police Station location on Walnut Boulevard as this was prior to discussion of the possible purchase of property located at 9100 Brentwood Boulevard. HCD has advised staff that it would be prudent to submit an authorizing resolution and execute the agreement as is in order to obligate the funds.

An agreement amendment can be executed with the new location and description once escrow closes on the 9100 Brentwood Boulevard property.

FISCAL IMPACT
This action will secure approximately $500,000 for this vital City capital improvement project. There is no matching requirement for this grant. Once the attached agreement has been fully executed, the City must request disbursement of funds no later than June 2004 and no earlier than ninety days from the anticipated need for the funds.

Attachments:
Resolution
HCD Standard Agreement No. 03-JHBP-010

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD GRANT AGREEMENT NO. 03-JHBP-010 AND ANY AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A JOBS-HOUSING BALANCE INCENTIVE PROGRAM GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

WHEREAS, the City of Brentwood applied for and was successful in obtaining a State Department of Housing and Community Development Jobs-Housing Balance Incentive Program; and

WHEREAS, funding for the Jobs-Housing Balance Incentive Program has been made available pursuant to the Housing and Emergency Shelter Trust Fund of 2002, (Proposition 46); and

WHEREAS, pursuant to the statute, the State Department of Housing and Community Development is authorized to approve funding allocations for the program, subject to the terms and conditions of the Notice of Funding Availability and program applications forms.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby declares the following:

1. The City of Brentwood shall be subject to the terms and conditions as specified in the Standard Agreement.

2. Funds are to be used for allowable expenditures as identified in Attachment A of Agreement No. 03-JHBP-010.

3. The application in full is incorporated as part of the Agreement and any and all activities funded, information provided and timelines represented in the application are enforceable through the Agreement.

4. The City of Brentwood hereby agrees to use the funds for an eligible capital asset in the manner presented in the application as approved by the State Department of Housing and Community Development and in accordance with the Notice of Funding Availability and application package.

5. The City of Brentwood also may execute any and all instruments required by the State Department of Housing and Community Development for participation in the Jobs-Housing Balance Incentive Grant Program.

BE IT FURTHER RESOLVED that the City Council of the City of Brentwood hereby authorizes the City Manager to execute in the name of the City of Brentwood the Standard Grant Agreement, and all other documents required by the State Department of Housing and Community Development for participation in the Jobs-Housing Balance Incentive Program.

PASSED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 25th day of November, 2003 by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

City Administration
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