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HomeMy WebLinkAbout01-24 - Approving an Affordable Housing Agreement Between City and Humanity Housing IncRESOLUTION N0. L)I-a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONSOLIDATED PLAN; APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF COSTA MESA AND HUMANITY HOUSING, INC.; AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City of Costa Mesa (the "City") is a California municipal corporation; and WHEREAS, pursuant to applicable federal laws and regulations, the City has in place the Consolidated Plan adopted pursuant to Federal Program Limitations ("Consolidated Plan"); and. WHEREAS, the Consolidated Plan is a multi-year strategy and program to provide financial assistance to eligible very low, lower, and moderate income families and households and expenditures within eligible target areas to increase, improve, and preserve housing in the community available at an affordable housing cost; and WHEREAS, the City desires to amend the Consolidated Plan to include affordable housing projects and/or programs that include property acquisition, new construction, and home ownership, including such as the Project, and to permit allocation of HOME Program Fund monies -for implementation of this Project; and - WHEREAS, the City -is a participant in -the United States Department of Housing and Urban Development ("HUD") HOME Investment Partnerships Act, 42 U.S.C. Section 12701, et seq. ("HOME Program"); and WHEREAS, pursuant to the HOME Program, and the implementing HOME Regulations, 24 CFR Section 92.1, et seq., the City may provide financial assistance to qualified developers to acquire, construct, and develop new affordable housing; and WHEREAS, the Costa Mesa Redevelopment Agency ("Agency") and the City entered into that certain HOME Fund Reservation and Implementation Agreement dated August 10, 1998, as amended and restated, and a successor contract entitled HOME Fund Reservation and Implementation Agreement approved by the City Council and Agency Board on March 12, 2001, which agreements committed to the City and to the Agency, as a subrecipient, specific allocations of HOME Program funds for various affordable housing projects, including the subject Project; and WHEREAS, Humanity Housing, Inc., a California nonprofit corporation, ("Developer") has proposed the acquisition, rehabilitation, and operation of six (6) condominium townhouses for purchase by eligible Very Low Income Homebuyers (the "Project") on certain improved property located at 1925 Pomona Avenue (the "Property") in the City; and WHEREAS, the City and Agency previously considered the Developer's proposal for the Project and an application for funding with HOME Program funds to assist in the purchase of the Property, and the rehabilitation and conversion into condominiums to complete the Project, and directed the negotiation of documents in order to implement the Developer's proposal; and WHEREAS, participation in the Project will be in the public interest in that it will increase affordable housing within the City; and WHEREAS, in order to carry out and impleme objectives of both the Agency and the City, the City Affordable Housing Agreement with the Developer development of the proposed Project and the provisio housing; and nt the a proposes relating n of long ffordable housing to enter into the to funding and term affordable WHEREAS, the City Council has duly considered all terms and conditions of the proposed Affordable Housing Agreement and believes that such agreement is in the best interests of the Agency and the City, and the health; safety, and welfare of its residents, and in accordance with the public purposes and, provisions of applicable State and local law requirements; and WHEREAS, City Development Services staff conducted a Preliminary Environmental Description of and evaluated the proposed Project (inclusive of the various discretionary actions necessary to commence, undertake, and complete the Project, including the amendment of the Consolidated Plan, the Affordable Housing Agreement, and the development entitlement for the Project) pursuant to the provisions of the California Environmental Quality Act ("CEQA"), California Public Resources Code Section 21000 et seq., and the Guidelines for Implementation of CEQA, Cal. Admin. Code, Title 14, Chapter 3, Section 15000, et seq. ("Guidelines"), and determined the Project is categorically exempt, Class 1 under the CEQA Guidelines Section 15301; and WHEREAS, a public hearing on the proposed amendment of the Consolidated Plan and the Affordable Housing Agreement was duly noticed in accordance with the applicable laws; and WHEREAS, the proposed Affordable Housing Agreement and a summary report were available for public inspection prior to the date hereof; and WHEREAS, on April 16, 2001, the City Council held a public hearing on the proposed amendment to the Consolidated Plan and the Affordable Housing Agreement, at which time the City Council reviewed and evaluated all of the information, testimony, and evidence presented during the public hearing; and WHEREAS, the City Council has reviewed the information provided and believes the Affordable Housing Agreement will assist in the furtherance of the goals and objectives of both the City's Housing Element of the General Plan, the Consolidated Plan as amended, and the Agency's Redevelopment Plan and Implementation Plan by providing long term affordable housing to the community and opportunities for homeownership to Very Low Income persons and households; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. The City Council hereby finds the Project to be developed as contemplated pursuant to the Amendment to the Consolidated Plan, and the Affordable Housing Agreement, is categorically exempt, Class 1, Existing Facilities, under Section 15301 of the CEQA Guidelines, and that all applicable requirements of the. National: Environmental Policy Act of 1969 associated with the Project have been satisfied. The environmental assessment of the Project has been undertaken by the City pursuant to a Preliminary Environmental Description prepared in connection with the processing and approval of the Project (inclusive of the various discretionary actions necessary to commence, undertake, and complete the Project, including the amendment of the Consolidated Plan, the Affordable Housing Agreement, and the development entitlement for the Project). On that basis, the City Council hereby approves a Notice of Exemption and directs the Deputy City Clerk, or his/her designee,,. to, file.. the. Notice of . Exemption with the County Clerk of the.. County- of. Orange within five (5) days hereof. Section 2. The City Council hereby approves the proposed amendment to the Consolidated Plan to include acquisition, new construction, and home ownership programs, including the Project. Section 3. The City Council hereby approves the Affordable Housing Agreement between the City and Humanity Housing, Inc., with such changes agreed upon by the City Manager as minor and in substantial conformance with the form of the agreement which has been submitted herewith. The Mayor and Deputy City Clerk are hereby authorized to execute and attest the Affordable Housing Agreement, including any related attachments, on behalf of the City. In such regard, the City Manager is authorized to cause the Mayor and Deputy City Clerk to sign the final versions of the agreement after completion of any such nonsubstantive, minor revisions to said agreement have been completed. Copies of the final agreement when executed by the Mayor and attested by the Deputy City Clerk shall be placed on file in the office of the City Clerk. Further, the City Manager is authorized to implement the Affordable Housing Agreement and take all further actions and execute all documents necessary or appropriate to carry out the agreement.. The City Manager is hereby authorized to the extent necessary during the implementation of the Affordable Housing Agreement to make technical or minor changes to such agreement after execution, as necessary to properly implement and carry out said agreement, said changes shall not in any manner materially affect the rights and obligations of the City. Section 4. The Deputy City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 16th day of April, 2001. ATTEST: ' Deputy City Clerk of City of C Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) r.— r APPROVED AS TO FORM CITY ATT R'NEY I, MARY. T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa - Mesa, hereby certify that the above and' foregoing Resolution No. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 16' day of April, 2001, by the following roll call vote: AYES: �LIV, �►%Ct�►�, h'�Dt�O�.0 NOES: ABSENT: �0&4*X)o j 6 T lel. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of April, 2001. Deputy City Clerk and e -officio of the City Council of the Cit of Costa Mesa