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HomeMy WebLinkAboutCC Resolution 13222 (Purchase BMR)RESOLUTION NO. 13222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED TWO HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($275,000) FROM AFFORDABLE HOUSING FUNDS FOR THE PURCHASE OF A BELOW MARKET RATE HOUSING UNIT AND MAKING FINDINGS AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA WHEREAS, the City Council (the "City Council") of the City of San Rafael (the "City") has adopted and amended, from time to time, the Redevelopment Plan (the "Redevelopment Plan") for the Central San Rafael Redevelopment Project Area (the "Project Area"); and WHEREAS, the Redevelopment Agency of the City of San Rafael (the "Agency") is responsible for administering the Redevelopment Plan to cause redevelopment of the Project Area, including the provision of housing available at affordable housing cost to low and moderate income households; and WHEREAS, The City of San Rafael General Plan Policy H-19 requires a portion of the units in residential projects include units affordable to low and moderate income households; and WHEREAS, the City of San Rafael has contracted with the Marin Housing Authority ("Marin Housing") to administer a Below Market Rate Home Ownership Program ("BMR Program"); and WHEREAS, as required by the BMR Program, an owner entered into a resale restriction and an option to purchase constituting a right of first refusal to Marin Housing ("Resale Restriction") in 2002; and WHEREAS, Marin Housing desires to exercise its option to purchase a Below Market Rate unit pursuant to the Resale Restriction, due to an option event as defined in the Resale Restriction thereby maintaining the property as an affordable housing resource; and WHEREAS, the City of San Rafael desires that the property remain in the affordable housing program; and WHEREAS, Marin Housing requires funding in an amount of Two Hundred and Seventy Five Thousand Dollars ($275,000) to pay the restricted resale price of the unit and other costs associated with the resale of the unit to another qualified buyer; and WHEREAS, the City of San Rafael desires these funds be paid from a funding source outside of the City's General Fund; and WHEREAS, on February 22, 2011 the City of San Rafael and the San Rafael Redevelopment Agency entered into an Affordable Housing Grant and Cooperation Agreement pursuant to Resolution 13114 of the San Rafael City Council and all of the Redevelopment Agency's affordable housing funds were transferred to the City of San Rafael; and WHEREAS, the City of San Rafael desires to allocate Two Hundred and Seventy Five Thousand Dollars ($275,000) from the Affordable Housing Grant Fund for the purchase of this unit; and WHEREAS, Health and Safety Code Section 33334.2(g) authorizes expenditure of Housing Fund monies outside the Redevelopment Project Area upon a finding by the City Council that such use will be of benefit to the Project Area; and WHEREAS, the transaction will benefit the Project Area and serve major Redevelopment Plan goals and objectives by maintaining housing available at affordable cost in the community, thereby decreasing the market pressure on the supply of affordable housing in the community and the Project Area; and WHEREAS, The California Environmental Quality Act (Public Resources Code Section 21000 et �Leq s .) ("CEQA") imposes no conditions on the City's consideration and approval of this Agreement, because the project undertaken pursuant to this Agreement is an acquisition of existing improvements and such projects are exempt from CEQA requirements under the categorical exemption set forth in 14 CCR Section 15301; and WHEREAS, by staff report accompanying this Resolution and incorporated into this Resolution by this reference (the "Staff Report"), the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below. BE IT FURTHER RESOLVED that, based on information and analysis set forth in the above Recitals and contained in the Staff Report accompanying this Resolution, the City Council hereby finds and determines pursuant to Health and Safety Code Section 33334.2(8) that the use of moneys from the Housing Fund to assist in the preservation of this affordable housing unit will 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 allocation of Two Hundred and Seventy Five Thousand Dollars (5275,000) of Affordable Housing Grant Fund monies to fund a loan to Marin Housing, or in the alternative, to fund the direct purchase of the below market rate property. BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption. 1, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 15`h day of August 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro None None Esther Beirne, City Clerk