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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 U 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— NPIMATE J- 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: