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HomeMy WebLinkAboutReso 2010-060RESOLUTION NO. 2010-060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, IN THE FORM OF A RESIDUAL RECEIPTS LOAN IN AN AMOUNT NOT-TO-EXCEED $385,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO SOUTH BAY COMMUNITY SERVICES, FOR THE ACQUISITION AND REHABILITATION OF 1194-1196 TRENTON AVENUE FOR AFFORDABLE HOUSING WHEREAS, the City of Chula Vista is an entitlement/participating jurisdiction for the U.S. Department of Housing and Urban Development (HUD) funding programs and is awarded on an annual basis a formula grant from the Community Development Block Grant (CDBG); and WHEREAS, CDBG funds are designed to assist in the creation of affordable housing opportunities for low-income households through the acquisition and/or rehabilitation of affordable housing; and WHEREAS, South Bay Community Services (Developer) proposes to acquire and rehabilitate a 7-unit multi-family rental development, with units affordable to extremely low former foster youth households at 30 percent (30%) of the Area Median Income (AMI) at 1194-1196 Trenton Avenue (Lot 16 of Map No. 2119) located north of Palomar Road in City of Chula Vista (Project); and WHEREAS, Developer is applying for County of San Diego HOME Investment Partnership funds for Community Housing Development Organizations; and WHEREAS, additional financing is necessary in order to make the Project feasible; and WHEREAS, the provision of affordable housing units like the Project is consistent with and called for by the City's General Plan Housing Element and Consolidated Plan; and WHEREAS, the City wishes to provide Developer with apre-commitment of $385,000 from its federal CDBG funds to assist South Bay Community Services in obtaining additional affordable housing financing; and WHEREAS, the City's provision of funds to the residential use of the Project will directly improve the City's supply of very low-income and low-income housing; and WHEREAS, the City's Housing Advisory Commission did, on the 3rd day of March, 2010, hold a public meeting to consider said request for financial assistance; and Resolution No. 2010-060 Page 2 WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if any, of all persons desiring to be heazd, and considering all factors relating to the request for financial assistance, has recommended to the City Council that the conditional financial assistance be approved because the Commission believes that the City's financial participation in the development of the Project will be a sound investment based upon Developer's ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan and the cost effectiveness of the City's financial assistance based upon the leveraging of such resources; and WHEREAS, the environmental coordinator has reviewed the proposed action for compliance with the National Environmental Policy Act (NEPA) due to the use of Federal funds and has determined that pursuant to Section 58.30 (b), Subpart D, Title 24 ofthe Code of Federal Regulations, further review and environmental determination as appropriate, will be required prior to appropriating and/or entering into an affordable housing agreement with South Bay Community Services. NO W, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA HEREBY DOES RESOLVE as follows: 1. Financial assistance in an amount not-to-exceed $385,000 from the City's CDBG funds to Developer for the acquisition and rehabilitation of the Project is conditionally approved. 2. The above conditional approval is conditioned upon the requirement that Developer must secure all other funding necessary to fund the project. 3. The above conditional approval is conditioned upon the requirement that Developer must select a qualified property management firm to manage the project. 4. The above conditional approval is conditioned upon the requirement that Developer participate in the Crime Free Multi-Family Housing Program. 5. The above conditional approval is conditioned upon the requirement that all necessary environmental and land use review and approvals must be obtained. 6. The above conditional approval is subject to the City's approval of an affordable housing and loan agreement that shall include, at a minimum, the following terms and conditions: a. The loan re-payment will be secured by a Deed of Trust and Promissory note for the property on behalf of the City of Chula Vista and recorded against the Project property. b. The principal and interest on the loan will be amortized over fifty-five yeazs and repaid from cash surplus in annual installments. c. Developer will be required to operate the Project consistent with the Regulatory Agreement required by the Project's tax credit and bond financing, covenants imposed by the Agreement, and any other project requirements. Resolution No. 2010-060 Page 3 d. Developer shall enter into a loan agreement with the City consistent with the terms set forth above and with such any other terms as shall be required or approved by the City Attorney. 7. That City assistance is based upon the assumptions presented within the sources and uses of funds, development budget, development proforma and other information filed with the Affordable Housing Review Application for the project as submitted and reviewed by the Development Services Department. The City assistance is a maximum level of participation. It is expected that any substantive revisions in such financing assumptions that would lead to an increase in other resources available, would therefore reduce the level of City assistance. 8. This conditional approval remains subject to final approval by the City in its sole discretion. Presented by Approved as to form by ~ i ,~ ~~ ~~ 1 ~.- ~~ ~ ~~ ~ Gary Ha bert, P.E., AICP Bart C. Miesfeld Deputy City ger/Development Services City Attorney Director Resolution No. 2010-060 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of Mazch 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Ma r ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-060 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of March 2010. Executed this 23rd day of Mazch 2010. ~~ ,~ ~~ Donna R. Norris, CMC, City Clerk