HomeMy WebLinkAboutCity Council - 2008-36 RESOLUTION NO. 2008-36
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH APPROVING AN AFFORDABLE
HOUSING AGREEMENT WITH PACIFIC COURT
APARTMENTS, L.P., APPROVING A RELOCATION PLAN,
APPROVING A LOAN OF HOME FUNDS AND MAKING
CERTAIN FINDINGS
WHEREAS,the Redevelopment Agency of the City of Huntington Beach(the"Agency")is
engaged in activities necessary to carry out and implement the Redevelopment Plan for the Merged
Redevelopment Project Area(the "Project Area") of the City of Huntington Beach; and
Sections 33334.2 and 33334.3 of California Community Redevelopment Law (Health &
Safety Code Section 33000 et seq.)("CRL")require the Agency to use 20 percent of taxes allocated
to the Agency pursuant to Section 33670 of the CRL for the purpose of increasing, improving, and
preserving the community's supply of low and moderate income housing ("Housing Set Aside
Funds"); and
The Agency and the City desire to enter into an Affordable Housing Agreement with Pacific
Court Apartments, L.P. (the "Developer") by which the Agency will make a loan of Housing Set
Aside Funds and the City will make a loan of HOME Investment Partnerships Program (HOME)
funds,which will be used together with tax-exempt mortgage revenue bonds and equity in the form
of federal tax credits to finance the acquisition and rehabilitation of a 48-unit apartment complex
located at 2200 Delaware Street for operation as affordable rental housing for very low income and
low income households for not less than 60 years (the "Project"); and
Section 33334.2(g) of the CRL provides that the Agency may use its Housing Set Aside
Funds outside of the Project Area upon a resolution by the Agency and the City Council that the use
will be of benefit to the Project Area; and
The Project will require the permanent relocation of those current tenants whose household
incomes exceed the qualifying limits for occupancy in the completed Project; and
A Relocation Plan has been prepared that conforms to the requirements of the federal
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as
amended,the implementing regulations contained in Handbook 1378 of the Department of Housing
and Urban Development, the California Relocation Assistance Law, Government Code Section
7260,et seq,and the Relocation Assistance and Real Properly Acquisition Guidelines adopted by the
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Resolution No. 2008-36
Department of Housing and Community Development set forth in Title 25, California Code of.
Regulations Section 6000, et seq. (the "Guidelines"); and
The Relocation Plan was made available for at least 30 days for review and comment and
notice of that availability was given to the current tenants of the Project in both English and Spanish
and no comments have been received; and
It is in the best interests of the City and for the common benefit of the residents and the City
as a whole for the City and the Agency to enter into the Affordable Housing Agreement; and
All other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AS FOLLOWS:
I. The City Council hereby finds and determines that the foregoing recitals are true and
correct.
2. Based on substantial evidence in the record, the City Council hereby finds and
determines that:
a. The Agency's use of its Housing Set Aside Funds for the Project will be of
benefit to the Project Area; and
b. Fair and reasonable relocation payments will be provided to eligible persons
as required by Article 3 of the Guidelines; and
C. A relocation assistance program offering the services described in Article 2 of
the Guidelines will be established; and
d. Eligible persons will be adequately informed of the assistance, benefits,
policies,practices and procedures,including grievance procedures,provided
for in the Guidelines; and
e. Based upon recent survey and analysis of both the housing needs of persons
who will be displaced and available replacement housing and considering
competing demands for that housing,comparable replacement dwellings will
be available, or provided, if necessary, within a reasonable period of time
prior to displacement sufficient in number, size and cost for the eligible
persons who require them; and
f. Adequate provisions have been made to provide orderly,timely and efficient
relocation of eligible persons to comparable replacement housing available
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Resolution No. 2008-36
without regard to race, color, religion, sex,marital status, or national origin
with minimum hardship to those affected; and
g. A Relocation Plan meeting the requirements of section 6038 of the
Guidelines has been prepared and is hereby approved.
4. The City Council has duly considered the terms and conditions of the proposed
transaction and determines that the proposed Affordable Housing Agreement is in the
best interests of the Project Area and the City and the health, safety, morals and
welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law and requirements.
5. The City Council hereby approves a loan of HOME funds to the Developer to pay
acquisition costs for the Project, in an amount not to exceed $500,000.
4. The City Administrator(or designee)and the Mayor are authorized to take any action
and execute any and all documents and agreements necessary to implement this
Resolution without the necessity of further action by the City Council except to the
extent required by law.
5. This Resolution shall take effect immediately upon its adoption.
PAS SED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting
held thereof on the 7 t h day of July , 200_8
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Resolution No. 2008-36
Ad
Mayor
REVIEWED AND APPROVED APPROVED AS TO FORM:
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City Administratgr City Attorney of og
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KANE, BALLMER& BERKMAN
Special Counsel
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Deborah L. Rhoads
INITIATED AND APPROVED
Director of Econo is Develo
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Res. No. 2008-36
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 7, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Green, Carchio
NOES: None
ABSENT: Coerper
ABSTAIN: None
Citp,lerk and ex-officio &erk of the
City Council of the City of
Huntington Beach, California