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HomeMy WebLinkAboutRA 2011-004RESOLUTION NO. RA 2011-004 "�' RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO, CALIFORNIA, IRREVOCABLY ALLOCATING FUNDS FOR THE PRODUCTION OF 24 AFFORDABLE HOUSING UNITS WHEREAS, the City Council for the City of Atascadero (the "City") has adopted the Redevelopment Plan for the Project Area (the "Redevelopment Plan"), and, WHEREAS, the Community Redevelopment Agency of Atascadero (the "Agency") and the Agency Board of Directors ("Board") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of Health and Safety Code of the State of California) (the "Law") to implement the Redevelopment Plan in the Project Area, and, WHEREAS, Sections 33000 et. seq of the Law states that one of the fundamental purposes of redevelopment is to increase and improve the community's supply of low and moderate income housing; and, WHEREAS, the Law requires that 20% of the tax increment revenues received by the Agency be placed in a Low and Moderate Income Housing Fund ("LMIHF") The LMIHF funds are to be used to increase, improve and preserve the supply of low and moderate income housing in the Project Area and within City limits (H&S 33334.2), and, WHEREAS, The Agency must replace low and moderate income housing that is removed as a result of a redevelopment project (the replacement rule, H&S 33413(a)), and, WHEREAS, 15% of all housing constructed in a redevelopment project area must be affordable to low and moderate -income persons and families (the inclusionary rule, H&S 33413(b)), and, WHEREAS, the Law requires that each redevelopment agency shall adopt a Housing Production Plan, in conjunction with its Implementation Plan, which is consistent with the governing General Plan Housing Element. In addition, Sections 33413 5 and 33334 5 require replacement housing plans for any units that will be demolished within the Project Area, and, WHEREAS, on July 6, 1999, the Agency adopted the Housing Production Plan in conjunction with its Implementation Plan, and amended it on June 10, 2008, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-004 Page 2 of 4 WHEREAS, on November 28, 2006, the Agency approved a funding request from Habitat for Humanity; and, WHEREAS on November 27, 2007, the Agency authorized execution of an agreement with Tierra West Advisors, LLC to provide affordable housing policy and strategy development consultant services, and, WHEREAS, on November 25, 2008, the Agency adopted an Affordable Housing Funds Policy (the "Housing Policy"), allowing the City to facilitate in the financial participation of affordable housing projects, and, WHEREAS, on December 8, 2009, the Agency appropriated $500,000 from the LMIHF for the purpose of a loan program for downtown affordable housing and related retail uses, finding the program consistent with the Housing Policy, and, WHEREAS, on August 27, 2010, the Agency executed an agreement with Urban Futures Inc to provide affordable housing on-call professional services, and, WHEREAS, since the Housing Production Plan's adoption, 183 market rate residential dwelling units have been constructed within the Redevelopment Agency Project Area, which requires that 28 low to moderate income units be provided (11 very low income units and 17 low am / moderate income units), and, WHEREAS, the Agency has sponsored the production of four (4) very low income units within the Project Area, which leaves a remaining obligation to produce twenty-four (24) additional affordable housing units (the "Project"), and, WHEREAS, the Project conforms to the General Plan of the City; and, WHEREAS, the Agency may enter into a binding contract (the "Contract") with the City pursuant to which the Agency will irrevocably commit the LMIHF funds to the Project and due to the Agency's previous commitment to the Project as described above, the Agency desires to do so, and, WHEREAS, a staff report to the Agency at its meeting held on January 14, 2011 (the "Staff Report," incorporated herein by reference), which sets forth fact supporting the findings made in this Resolution pursuant to the Law, has been prepared to accompany this Resolution, and, Community Redevelopment Agency of Atascadero Resolution No. RA 2011-004 Page 3 of 4 WHEREAS, pursuant to Section 33334 3 of the Law, the Agency may use LMIHF funds „r,m to pay for services provided through interagency agreements, including usual indirect costs related thereto, for the purpose of producing affordable housing units, and, WHEREAS, the City provides a full staff of planning, construction and finance professionals, who are experienced in the planning, financing and construction of affordable housing projects NOW, THEREFORE BE IT RESOLVED by the Community Redevelopment Agency of Atascadero 1 That the Agency reaffirms its financial commitment to the Project and desires that the Project move forward in a manner that will most effectively comply with the Housing Policy and the Housing Production Plan. 2 That the Board directs the Executive Director of the Agency to execute the Contract with the City irrevocably committing LMIHF funds to the City for the Project And requiring that the LMIHF funds be held in a separate account ("LMIHF account") 3 That the Board approves the expenditure of the LMIHF funds to enter into an agreement with the City for the production of 24 affordable housing units, of which seven (7) will be very low income units and seventeen (17) will be low / moderate income units, as set forth in the contract, between the Agency and the City and submitted to the Agency in connection with consideration of this Resolution. 4 That the Agency authorizes the Executive Director of the Agency to segregate $5,543,800 within the LMIHF accounts to be held in a separate LMIHF account upon execution of the Agreement governing the use of and accounting for the LMIHF funds. IT IS FURTHER RESOLVED AND ORDERED that this resolution will become effective upon the effective date of approval by the Agency's Board of Directors Community Redevelopment Agency of Atascadero Resolution No. RA 2011-004 Page 4 of 4 On motion by Board Member Clay and seconded by Vice Chairperson Kelley, the foregoing resolution is hereby adopted in its entirety on the following roll call vote AYES Board Members Clay, Kelley, O'Malley, Sturtevant, and Chairperson Fonzi NOES None ABSENT None ADOPTED January 14, 2011 COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO d By Roberta Fonzi, Chairperso ATTEST Marcia McClure Torgerson, C M.0 , Board Secretary APPROVED AS TO FORM Brian A Pierik, Agency General Counsel