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Res 11-002RESOLUTION NO. 11 -002 A RESOLUTION OF THE POWAY CITY COUNCIL APPROVING ADDITIONAL FUNDING, AUTHORIZING EXECUTION OF AMENDED AND RESTATED LOAN DOCUMENTS, APPROVING A RELOCATION PLAN, AND MAKING SPECIFIED FINDINGS IN CONNECTION WITH THE REHABILITATION OF THE ORANGE GARDENS DEVELOPMENT WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the 'Redevelopment Law "), the City Council (the "City Council ") of the City of Poway (the "City ") has adopted, and the Poway Redevelopment Agency (the "Agency ") is responsible for implementing the Amended and Restated Redevelopment Plan for the Paguay Redevelopment Project Area adopted by the City Council of the City of Poway by Ordinance No. 117 on January 12, 1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by Ordinance No. 439 on January 13, 1995, as amended by Ordinance No. 593 on January 1, 2004, as amended by Ordinance No. 605 on September 16, 2004, as amended by Ordinance No. 611 on November 25, 2004, as amended by Ordinance No. 641 on August 17, 2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended from time to time, the 'Redevelopment Plan "); and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund (the "Housing Fund ") pursuant to Section 33334.2 of the Redevelopment Law; and WHEREAS, the Agency has established a Housing Special Program Fund (the "HSP Fund ") in compliance with a 1995 judgment in the case Smith et al v All Persons Interested and WHEREAS, to assist in implementing the Redevelopment Plan, the Agency on December 15, 2009 adopted a five -year implementation plan (the "Implementation Plan ") pursuant to Section 33490 of the Redevelopment Law and Section 11.6 of the Implementation Plan lists among the goals and objectives to eliminate blight the following activities: (i) the rehabilitation of the existing housing stock where appropriate and for the provision, improvement, and (ii) preservation of low- and moderate - income housing as is required to satisfy the needs and desires of the various age and income groups in the community, and WHEREAS, Section 33334.2(g) of the Redevelopment Law authorizes expenditure of Housing Fund monies outside of a project area from which the funds originate upon findings by the Agency and the City Council that such use will be of benefit to such project area; and WHEREAS, in order to carry out and implement the Redevelopment Plan and Implementation Plan, and under the authority of Section 33334.2(g), the Agency and Foundation for Affordable Housing V, Inc., a California nonprofit public benefit corporation (the "Foundation ") entered into that certain Agency Loan Agreement executed on December 22, 2009 (the "Original Agency Loan Agreement'), pursuant to which the Agency loaned the Foundation an amount up to $1,296,000 (the "Original Agency Loan ") consisting of $646,000 of Agency Housing Fund monies and $650,000 Resolution No. 11 -002 Page 2 of HSP Fund monies, to fund the acquisition of the Property (as defined below) and to fund certain specified predevelopment activities. The Foundation subsequently assigned its rights, duties and obligations under the Original Agency Loan Agreement to the limited partnership called Poway Family Housing Partners, L.P. (the "Developer "), for which Foundation serves as the Managing General Partner and for which Affirmed Housing Group, Inc., a Delaware corporation serves as the Administrative General Partner; and WHEREAS, the Developer, using proceeds from the Original Agency Loan, acquired the property located at 12510 Oak Knoll Road, in the City of Poway, County of San Diego, State of California, that is described in Exhibit A of the Agency Loan Agreement, incorporated herein by this reference, (the "Property ") and performed specified predevelopment activities, and now intends to rehabilitate the fifty -two (52)- unit multifamily rental housing development and to construct a community building thereon (the "Development "); and WHEREAS, Section 33413(b)(2)(B) of the Redevelopment Law provides for affordable housing production credit for the Agency for the purchase of long -term affordability covenants on multifamily rental dwelling units that restrict the cost of renting those units that are not presently available at affordable housing costs to low or very low income households; and WHEREAS, the Original Agency Loan is subject to the terms and conditions of a Regulatory Agreement and Declaration of Restrictive Covenants (the "Original Regulatory Agreement ") by and between the Agency and the Developer restricting the occupancy and rent levels of the Development dated December 22, 2009 and recorded against the Property, under which, the Agency is imposing occupancy and affordability restrictions on the Development in order to (i) meet low and moderate income housing production requirements applicable to the Redevelopment Area pursuant to Section 33413(b)(2)(A)(ii) of the Redevelopment Law and (ii) to meet its adequate sites inventory as required under Government Code Section 65583.1(c); and WHEREAS, in satisfaction of Section 33413(b)(2)(B) of the Redevelopment Law, the Original Regulatory Agreement, as amended and restated, will continue to restrict the cost of renting units in the Development that are not presently available at affordable housing costs to low or very low income households; and WHEREAS, the Agency and the Developer desire to increase the Agency Loan by an amount not to exceed Seven Million Five Hundred Fifty Thousand Dollars ($7,550,000) of Low and Moderate Income Housing Fund monies (the "Additional Loan Funds "), for a total Agency Loan (the "New Agency Loan ") of up to Eight Million Eight Hundred Forty -Six Thousand Dollars ($8,846,000) (the "New Agency Loan Amount ") to fund the rehabilitation of the Development and to acquire the affordability covenants under 33413(b)(2)(B); and WHEREAS, the New Agency Loan is consistent with the Agency's Implementation Plan. Resolution No. 11 -002 Page 3 WHEREAS, the City Council has previously made findings of benefit required under Section 33334.2(g) of the Redevelopment Law with respect to the use of the Agency's Housing Fund to fund the Original Agency Loan, and the New Agency Loan will continue to provide benefits to the Project Area by assisting in the development of affordable housing for persons living and /or working in the Project Area, and will continue to serve major goals and objectives of the Redevelopment Plan by increasing the amount of multifamily rental housing available at affordable housing costs in the community, thereby decreasing the market pressure on the supply of affordable housing in the community and the Project Area; and WHEREAS, the rehabilitation of the Property will entail relocation of some of the existing residents of the Property; and WHEREAS, the Agency and the Developer and their consultants have prepared, and the City Council has been provided and has received, a draft relocation plan (the "Relocation Plan ") in accordance with Section 6038 of the California Department of Housing and Community Development Relocation Regulations (the "Relocation Regulations "); and WHEREAS, timely general notice of the Relocation Plan designed to reach the occupants of the property was made in accordance with the provisions of paragraph 6046(a)(3) and subsection 6046(b) of the Relocation Regulations, as required by Section 6038(e)(2) of the Relocation Regulations; and WHEREAS, the Relocation Plan is consistent with the Housing Element of the City of Poway General Plan; and WHEREAS, the following materials (collectively, the "Supporting Documents ") have been presented to and considered by the City Council in support of the findings and approvals set forth in this Resolution: (i) the staff report of January 18, 2011 accompanying this Resolution; (ii) the Relocation Plan, and (iii) the loan documents for the New Agency Loan. The Supporting Documents are hereby incorporated by reference in this Resolution and, together with the above recitals (the "Recitals "), form the evidentiary basis and establish the analytical route for reaching the ultimate findings and conclusions contained in this Resolution; and 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 as the project consists of the restoration or rehabilitation of deteriorated structures; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that the above Recitals are true and correct and have served, together with the Supporting Documents, as the basis for the approvals and findings listed below. Resolution No. 11 -002 Page 4 BE IT FURTHER RESOLVED, that the City Council hereby finds and determines pursuant to Section 33334.2(g) of the Redevelopment Law, that the use of moneys from the Housing Fund to fund the New Agency Loan will continue to be of benefit to the Project Area and the program of redevelopment pursuant to the Redevelopment Plan. BE IT FURTHER RESOLVED, that the City Council hereby approves the New 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 up to $7,550,000 of the Agency's Housing Fund monies to fund the Additional Loan Funds, and authorizes the Agency to execute all necessary documents to effectuate the New Agency Loan. BE IT FURTHER RESOLVED, that the City Council hereby approves the Relocation Plan and authorizes the Agency's Executive Director, or the Executive Director's designee, to take such steps as deemed necessary to facilitate the implementation of the Relocation Plan. BE IT FURTHER RESOLVED, that the City Manager, or her designee, is hereby authorized and directed to file a Notice of Exemption with the San Diego County Clerk with respect to the actions taken pursuant to this Resolution, in accordance with 14 Cal. Code of Regulations Section 15062. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect from and after its passage. PASSED, ADOPTED AND APPROVED, by the Poway City Council at a regular meeting thereof this 18th day of January 2011. Don Higginson, May r Resolution No. 11 -002 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, Clerk of the Poway City Council, do hereby certify under penalty of perjury that the foregoing Resolution No. 11 -002 was dully adopted by the City Council at a meeting of said City Council on the 18th day of January 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE 'A. Troyan, MMC, Clerk y City Council