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Res 08-012 RESOLUTION NO 08-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING EXECUTION OF AN AGENCY ACQUISITION AND REHABILITATION LOAN AGREEMENT WITH OAK KNOLL HOUSING ASSOCIATES, L.P, TO FINANCE A PORTION OF THE ACQUISITION AND REHABILITATION OF THE OAK KNOLL VILLAS AND MAKING FINDINGS AND APPROVALS IN CONNECTION THEREWITH WHEREAS, the City Council (the "City Council") of the City of Poway (the "City") has adopted and amended, from time to time, the Redevelopment Plan for the Paguay Redevelopment Project, (the "Redevelopment Plan") which sets forth a plan for redevelopment of the Paguay Redevelopment Project Area (the "Project Area"); WHEREAS, the Poway Redevelopment Agency ("Agency") is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including the provision of housing available at affordable housing cost to low and moderate income households, WHEREAS, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund") pursuant to Health and Safety Code Section 33334.2; WHEREAS, the Agency has adopted an Implementation Plan pursuant to Health and Safety Code Section 33490, which specifically identifies the intent of the Agency to provide for the development of affordable housing for low and moderate income households ("Implementation Plan"), and WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency proposes to enter into that certain Agency Loan Agreement ("Loan Agreement") with Oak Knoll Housing Associates, L.P , ("Borrower") for the acquisition and rehabilitation by Borrower of that certain real property generally located at 12509 Oak Knoll Road in the City of Poway ("Property"), WHEREAS, the Borrower intends to substantially rehabilitate, pursuant to Health and Safety Code Section 33413(b)(2)(A)(iv), the fifty-two (52) apartment units comprising the Development and intends to make fifty-one (51) of those units available for rental to very-low and lower income households; WHEREAS, the Agency desires to provide up to Seven Million Three Hundred Twenty-Nine Thousand Dollar ($7,329,000) loan to Borrower from the Agency's Housing Fund (the "Agency Loan") to assist in financing the acquisition, rehabilitation, and completion of the Development by Borrower; WHEREAS, the staff report accompanying this resolution (the "Staff Report") provides additional background and information concerning the Development and the Agency Loan, including the specific terms of the proposed Agency Loan and the proposed requirement that fifty-one (51) of the fifty-two (52) units in the Development be 1552\02\530975 I ~ Resolution No 08-012 Page 2 restricted for rental at affordable housing costs to very low income and lower income households, WHEREAS, Health and Safety Code Section 33334.2(g) authorizes expenditure of Housing Fund monies outside the Project Area from which the funds originated upon findings by the Agency and the City Council that such use will be of benefit to such Project Area, WHEREAS, the Health and Safety Code Section 33413(b)(2)(A)(iv) authorizes expenditures of Housing Fund monies for the substantial rehabilitation of multifamily rented dwelling units WHEREAS, the Agency Loan will provide benefit to all the Project Area, by assisting in the development of affordable housing for persons living and/or working in the Project Area, and serve major goals and objectives of the Redevelopment Plan by increasing the amount of housing available at affordable housing cost in the community, thereby decreasing the market pressure on the supply of affordable housing in the community and the Project Area, WHEREAS, the City Council is required to make a finding of benefit for the purpose of compliance with Health and Safety Code Section 33334.2(g) with respect to the use of the Agency's Housing Fund to fund the Agency Loan; WHEREAS, the Agency is imposing occupancy and affordability restrictions on the Development in order to meet replacement housing requirements applicable to the Redevelopment Area pursuant to Health and Safety Code Section 33413(a) and low and moderate income housing production requirements pursuant to Health and Safety Code Section 33413(b)(2}(A)(ii), WHEREAS, the Agency is imposing occupancy and affordability restrictions on the Development in order to meet its adequate sites inventory pursuant to Government Code Section 65583 1 (c), as approved by the California Department of Housing and Community Development; WHEREAS, for the purpose of compliance with the California Environmental Quality Act ("CEQA"), the Agency has determined that, pursuant to California Code of Regulations Section 15301, the making of the Agency Loan and the rehabilitation of the Development are categorically exempt from CEQA, WHEREAS, the Borrower has submitted to the Agency and the City Council copies of the Agreements in substantially the form to be executed by the Borrower and the Agency; 2 1552\01\510975 1 Resolution No 08-012 Page 3 NOW, THEREFORE, BE IT RESOLVED by the Poway City Council that Section 1 The City Council hereby finds and determines that the above recitals are true and correct. Section 2. The City Council finds that the Agency Loan is consistent with the Agency's Implementation Plan. Section 3 Based on information and analysis set forth in the above Recitals and contained in the Staff Report, the City Council hereby finds and determines pursuant to Health and Safety Code Section 33334.2(g) that the use of moneys from the Housing Fund to fund the Agency Loan will be of benefit to the Project Area and the program of redevelopment pursuant to the Redevelopment Plan. Section 4 The City Council hereby approves the Agency Loan on the terms and conditions and with the affordability requirements set forth in the Staff Report and approves the Agency's allocation of Seven Million Three Hundred Twenty-Nine Thousand Dollar ($7,329,000) of Housing Fund monies to fund the Agency Loan, and authorizes the Agency to execute all necessary documents to effectuate the Agency Loan. Section 5 This Resolution shall take effect from and after its date of adoption. ADOPTED, SIGNED AND APPROVED this 11th day Clf March, 2008 Mi'h'~:': ATTEST l -' 1552\02\530975.1 Resolution No 08-012 Page 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify the foregoing Resolution No 08-012 was duly adopted by the City Council at a meeting of said Council held on the 11th day of March, 2008, and that it was so adopted by the following vote. AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE Q~,~ City of Poway 4 1552\02\530975.1