HomeMy WebLinkAbout02-55 - Approving Affordable Housing and Home Investment Partnership AgreementRESOLUTION NO. n: -,S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA APPROVING THE AFFORDABLE HOUSING
AND HOME INVESTMENT PARTNERSHIP AGREEMENT
BETWEEN THE CITY OF COSTA MESA AND
CIVIC CENTER BARRIO HOUSING CORPORATION AND
MAKING CERTAIN OTHER FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the City of Costa Mesa ("City") is a California municipal
corporation; and
WHEREAS, the City has received funds from the United States Department
of Housing and Urban Development pursuant to the Federal HOME Investment
Partnerships Act and HOME Investment Partnerships Program, 42 U.S.C. Section
12701, at seq., and the implementing regulations thereto set forth in 24 CFR §
92.1, at seq. (together the "HOME Program") for the purposes of strengthening
public-private partnerships to provide more affordable housing, and particularly to
provide decent, safe, sanitary, and affordable housing for very low income and
lower income citizens of Costa Mesa in accordance with the HOME Program; and
WHEREAS, Civic Center Barrio Housing Corporation ("Developer") is a
California non-profit public benefit corporation duly organized under the laws of the
State of California and is experienced in the acquisition, development,
rehabilitation, management, and operation of housing which is affordable to
persons of very low, lower, and moderate income; and
WHEREAS, Developer is a qualified "Community Housing Development
Organization" ("CHDO") as defined in 24 CFR § 92.2 of the HOME Program; and
WHEREAS, the City is currently implementing a coordinated multi-year
strategy for affordable housing, as approved in the 1995-1999 and the 2000-2004
City of Costa Mesa Consolidated Plan ("Consolidated Plan"), and a program of
acquisition and rehabilitation of existing multi -family rental housing in certain target
areas in the community ("Program"); and
WHEREAS, the Program provides financial assistance to qualified CHDOs,
such as Developer, to acquire, rehabilitate, and operate affordable rental housing;
and
WHEREAS, the City Council of the City of Costa Mesa ("City Council")
approved that certain Amended and Restated Negotiation and Home Fund
Commitment Agreement dated December 10, 2001 ("Negotiation Agreement')
between City and Developer relating to negotiation of the terms and conditions of
one or more agreements to implement one or more affordable housing projects; and
WHEREAS, City staff and Developer have negotiated the terms and
conditions relating to the first project as set forth in the "Affordable Housing and
HOME Investment Partnership Agreement' ("Agreement"); and
WHEREAS, pursuant to the Agreement Developer will (i) purchase the two
four-plexes at 717 James Street and 721 James Street, Costa Mesa ("Properties");
(ii) rehabilitate the total of eight (8) multi -family rental units thereon, and (iii) assure
the long term affordability and the proper maintenance, management, and operation
of the Affordable Units to Very Low Income Households for not less than fifty-five
(55) years ("Project"); and
WHEREAS, pursuant to the Agreement City will provide financial assistance
to Developer to acquire and rehabilitate the Properties through a loan of One Million
Forty -One Thousand Nine Hundred and Forty Dollars ($1,041,940.00), of which
Nine Hundred Nineteen Thousand Nine Hundred Forty Dollars ($919, 940) is from
HOME Program funds and One Hundred Twenty Two Thousand Dollars ($122,000)
is from City federal rental rehabilitation program funds, or as much thereof as is
disbursed in accordance with the Agreement, and the Developer will acquire,
rehabilitate, and make available and rent all eight of the Affordable Units on the
Properties to Very Low Income Households at an Affordable Rent for the fifty-five
year Affordability Period; and
WHEREAS, the participation in the Project will be in the public interest in that
it will increase affordable housing and implement the Consolidated Plan within the
City; and
WHEREAS, the City Council has duly considered all terms and conditions of
the proposed Affordable Housing and HOME Investment Partnership Agreement and
believes the Project and Agreement are in the best interests of the City and the
health, safety, and welfare of its residents, and in accord with the public purposes
and provisions of applicable Federal, State and local law requirements; and
WHEREAS, on August 5, 2002 the City Council considered the Agreement at
an open public meeting and desires by this Resolution to approve the Agreement
and make certain other findings;
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 contemplated
pursuant to the Consolidated Plan and the Agreement is categorically exempt,
Class 3, under the California Environmental Quality Act ("CEQA") (California Public
Resources Code Section 21000 et seq.) pursuant to 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. On that basis the City Council hereby approves a
Notice of Exemption and directs the 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 Affordable Housing
and
HOME Investment
Partnership Agreement
between the City of Costa Mesa
and
Civic Center Barrio Housing Corporation, with such changes mutually agreed upon
by the City Manager (or his/her duly authorized representative) and Developer as
are minor and in substantial conformance with the form of the Agreement which
has been submitted herewith. The Mayor and the City Clerk are hereby authorized
to execute and attest the Agreement, including any related attachments, on behalf
of the City. In such regard, the City Manager (or his/her duly authorized
representative) is authorized to cause the Mayor and City Clerk to sign the final
version of the Agreement after completion of any such non -substantive, minor
revisions. Copies of the final form of the Agreement, when executed by the Mayor
and attested by the City Clerk, shall be placed on file in the office of the City Clerk.
Further, the City Manager (or his/her duly authorized representative) is authorized
to implement the Agreement and take all further actions and execute all documents
necessary or appropriate to carry out the Agreement. The City Manager (or his/her
duly authorized representative)is hereby authorized to the extent necessary during
the implementation of the Agreement to make technical or minor changes thereto
after execution, as necessary to properly implement and carry out the Agreement,
provided the changes shall not in any manner materially affect the rights and
obligations of the City.
Section 3.
The Deputy
City
Clerk shall certify
to the adoption of this
Resolution.
APPROVED AND ADOPTED this 5" day of August, 2002.
"bvw
Mayor of the City of Costa Mesa
ATTEST:
r
De y City Clerk
APPROVED AS TO FORM:
CZ444,
ty Attorney
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STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 as
CITY OF COSTA MESA 1
I, JULIE FOLCIK, 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.
02255 was duly and regularly passed and adopted by the said City Council at a regular
meeting thereof held on the 5th day of August, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Costa Mesa this 6t" day of August, 2002.
AYES: COUNCIL MEMBERS: Dixon, Monahan, Cowan, Robinson, Steel
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
r
Depu City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa