HomeMy WebLinkAboutCC Resolution 12241 (Defining BMR Median Income)RESOLUTION NO. 12241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DEFINING MEDIAN INCOME FOR THE BELOW MARKET RATE PROGRAM AND
AUTHORIZING AMENDMENTS TO BELOW MARKET RATE RENTAL
AGREEMENTS
WHEREAS, the City Council first adopted a Below Market Rate Housing Program in 1983, pursuant to
Resolution 6535; and
WHEREAS, General Plan 2000 contained policies and implementing programs that encourage the development
of new affordable housing, including Policy H-19 Inclusionary Housing Requirements; and
WHEREAS, the San Rafael General Plan 2020 (the "Plan") continued policies and implementing programs that
encourage the development of new affordable housing, including Policy H-19 and H-20 Inclusionary Housing
Requirements; and
WHEREAS, General Plan 2020 Policy H-19 was incorporated into the City of San Rafael Zoning Ordinance
Section 14.16.030: and
WHEREAS, Zoning Ordinance section 14.16.030 contained definitions of median income and stated "as those
terms are defined in this title and as, from time to time, may be amended by resolution of the city council."; and
WHEREAS, the City Council by this resolution desires to amend the definition of median to assure consistency
between City of San Rafael and San Rafael Redevelopment Agency affordable housing agreements;
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the authority of Municipal Code Section
14.16.030, the City Council hereby determines the following:
1. The term "median income" in section 14.16.030 of the San Rafael Municiapl Code shall not be
defined as "median income according to the latest Federal Housing and Urban Development
Department income limits table".
2. The term "median income" in section 14.16.030 of the San Rafael Municiapl Code shall be defined
as the median income adjusted by actual household size for households in the County of Marin,
California, as published from time to time by the State of California. If such income determinations
are no longer published, or are not updated for a period of at least eighteen (18) months, then the
City of San Rafael shall provide other income determinations which are reasonably similar with
respect to methods of calculation to those previously published by the State.
BE IT FURTHER RESOLVED that the City Council authorizes the Economic Development Director
to affect amendments to the Below Market Rate Agreements listed on Exhibit A, in a form to be approved by
the City Attorney, to amend the existing definition of "median income" to reflect the above revised definition.
BE IT FURTHER RESOLVED that this Resolution shall take immediate effect upon adoption.
I, JEANNE M. LEONCM, 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 of said City
held on Mondav, the 7th day of May, 2007 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: Phillips
J M.
LEONCINI, City Clerk
� EXHIBIT A
BMR RENTAL AGREEMENTS TO BE AMENDED
ssl\bmr\bmr5/2/2007list of impacted untis
Number
H-19
Name
of Units
Affordability
RDA
Owner
Albert Park
17
60.00%
H-19
Private
Private
Baypoint
9
65.00%
H-19
20
80.00%
H-19
Centertown
23
50.00%
RDA
EAH
37
60.00%
RDA
Clocktower
3
65.00%
H-19
Private
2
80.00%
H-19
Deer Valley
14
65.00%
H-19
Private
12
90.00%
H-19
Drake Terrace
McInnis Park
11
90.00%
H-19
Private
2
100.00%
H-19
20
70.00%
H-19
Private
20
100.00%
H-19
163 Merrydale _
1
65.00%
H-19
Private
One H
1
90.00%
H-19
One H St�
2
80.00%
RDA
Town Center
19
80.00%
RDA
TC
Total units _
19
90.00%
RDA
232
ssl\bmr\bmr5/2/2007list of impacted untis
CITY OF SAN RAFAEL
FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT
This First Amendment is made as of July 1, 2007, by and among the City of San Rafael, a
municipal corporation duly organized and existing under the Constitution and the laws of the
State of California (the "City") and 1 H Street Associates, the owner of One H Street located at
One H Street (the "Owner"). This First Amendment is an amendment to the Below Market Rate
Rental Agreement, dated July 26, 1993 (the "Agreement" herein), by and between the City and
the Owner and is made with reference to the following:
A. Capitalized terms used in these Recitals and in this First Amendment shall have the
meaning set forth in the Agreement unless specified otherwise in this Amendment.
B. As used in this First amendment, the Owner refers to the property owner at the time of
the Agreement or subsequent Owners.
C. On May 7, 2007, the San Rafael City Council, by Resolution 12241, approved a change
to the definition of median income.
THEREFORE, the parties agree as follows:
Section 1 of the Agreement is modified to delete the definition of Median Gross Income for the
Area and add the following language: the median income adjusted by actual household size for
households in the County of Marin, California, as published from time to time by the State of
California. If such income determinations are no longer published, or are no updated for a period
of at least eighteen (18) months, then the city of San Rafael shall provide other income
determinations which are reasonably similar with respect to methods of calculation to those
previously published by the State.
Except as specifically amended by this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
WHEREFORE, the parties have executed this Agreement as of the date first set forth above.
ATTEST:
By: �.
J -NNE M. LEONCINI
Its: CITY CLERK
APPROVE
By:
Its:
CITY OF SAN RAFAEL, a charter City
By:�/%/�, �% / , ��4,k&
Its:
a
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OWNER:
1 HWStreetsBy.Its:��wGl.�,
CITY OF SAN RAFAEL
FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT
This First Amendment is made as of July 1, 2007, by and among the City of San Rafael, a
municipal corporation duly organized and existing under the Constitution and the laws of the
State of California (the "City") and Rafael Town Center Investors LLC, the owner of Rafael
Town Center located at 998 Fourth Street (the "Owner"). This First Amendment is an
amendment to the Below Market Rate Rental Agreement, dated July 30, 1998 (the "Agreement"
herein), by and between the City and the Owner and is made with reference to the following:
A. Capitalized terms used in these Recitals and in this First Amendment shall have the
meaning set forth in the Agreement unless specified otherwise in this Amendment.
B. As used in this First amendment, the Owner refers to the property owner at the time of
the Agreement or subsequent Owners.
C. On May 7, 2007, the San Rafael City Council, by Resolution 12241, approved a change
to the definition of median income.
THEREFORE, the parties agree as follows:
Section 1 of the Agreement is modified to delete the definition of Median Gross Income for the
Area and add the following language: the median income adjusted by actual household size for
households in the County of Marin, California, as published from time to time by the State of
California. If such income determinations are no longer published, or are no updated for a period
of at least eighteen (18) months, then the city of San Rafael shall provide other income
determinations which are reasonably similar with respect to methods of calculation to those
previously published by the State.
Except as specifically amended by this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
WHEREFORE, the parties have executed this Agreement as of the date first set forth above.
ATTEST:
By:
EAN� LEONCINI r
Its: City Clerk
APPROV ,S TO3
By;
Its: �r C IiY /lT%77'iz
CITY OF SAN RAFAEL, a charter City
By:
Its: �./`/�l�t,(jyLGtZ )��'- e3� U✓
OWNER:
Rafael Town Center Investors LLC
BY:
Its: AI'V£in-V411Z—
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RIUMAL
CITY OF SAN RAFAEL
FIRST AMENDMENT TO BELOW MARKET RATE RENTAL UNIT AGREEMENT
This First Amendment is made as of July 1, 2007, by and among the City of San Rafael, a
municipal corporation duly organized and existing under the Constitution and the laws of the
State of California (the "City") and BRE Properties, the owner of Deer Valley Apartments
located at 2500 Deer Valley Road (the "Owner"). This First Amendment is an amendment to the
Below Market Rate Rental Agreement, dated March 18, 1996 (the "Agreement" herein), by and
between the City and the Owner and is made with reference to the following:
A. Capitalized terms used in these Recitals and in this First Amendment shall have the
meaning set forth in the Agreement unless specified otherwise in this Amendment.
B. As used in this First amendment, the Owner refers to the property owner at the time of
the Agreement or subsequent Owners.
C. On May 7, 2007, the San Rafael City Council, by Resolution 12241, approved a change
to the definition of median income.
THEREFORE, the parties agree as follows:
Section I of the Agreement is modified to delete the definition of Median Gross Income for the
Area and add the following language: the median income adjusted by actual household size for
households in the County of Marin, California, as published from time to time by the State of
California. If such income determinations are no longer published, or are no updated for a period
of at least eighteen (18) months, then the city of San Rafael shall provide other income
determinations which are reasonably similar with respect to methods of calculation to those
previously published by the State.
Except as specifically amended by this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
WHEREFORE, the parties have executed this Agreement as of the date first set forth above.
ATTEST: CITY OF SAN RAFAEL, a charter City
By: By: —y//GvliC �-�I
ANNE t4. LEO C
Its: UTY rl FRK Its:
APPROVED AS O RM: OWNER:
Y/, BRE Properties
By: t ��� By:
Its:L //�/i dr-a� c� j Its: