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HomeMy WebLinkAboutCVRC Reso 2011-001CVRC RESOLUTION NO. 2011-001 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION RECOMMENDING THAT THE REDEVELOPMENT AGENCY APPROVE A COOPERATION AGREEMENT WITH THE HOUSING AUTHORITY RELATED TO COMMITING AND APPROPRIATING FUNDS TO THE HOUSING AUTHORITY FOR REDEVELOPMENT AGENCY HOUSING PROJECTS WHEREAS, the Chula Vista Redevelopment Corporation (CVRC) of the City of Chula Vista has received and considered the Cooperation Agreement between the Chula Vista Redevelopment Agency (the "Agency") and Chula Vista Housing Authority (the "Authority") for the implementation of affordable housing projects and commitment and appropriation of funds therefore; and WHEREAS, the current Five-Year Implementation Plan for the Redevelopment Project Areas (Implementation Plan) sets out goals to support affordable housing. To implement the programs and activities associated with each goal, the Agency has made redevelopment fund commitments based on estimated available tax increment revenue and debt financing structures; and WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 authorize and direct the Agency to expend a certain percentage of all taxes which are allocated to the Agency pursuant to Section 33670 for the purposes of increasing, improving and preserving the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low and moderate incomes; and WHEREAS, on November 2, 2010, the City and Agency adopted Resolution No. 2010-254 (Agency 2010-2030) certifying a list of four (4) affordable housing developers to collaboratively work with City staff and a Chula Vista Redevelopment Corporation (CVRC) Subcommittee to examine service gaps and identify ideal locations to meet the City's most pressing affordable housing needs and contribute to catalyst development concurrently; and WHEREAS, City staff has worked with the affordable housing developers and the CVRC subcommittee to determine a strategy to increase and prioritize affordable housing opportunities (the "Affordable Housing Strategy"); and WHEREAS, on the 26th day of January, 2011, the City's Housing Advisory Commission, held a public meeting to consider and comment on the Affordable Housing Strategy; and WHEREAS, the Affordable Housing Strategy identified the Northwest area of the City as a focus of the Agency's resources and potential sites for affordable housing projects have been identified in this area and generally within the Project Area, and will be of benefit to the Project Area and the low and moderate income residents of the community; and CVRC Resolution No. 2011-001 Page 2 WHEREAS, the Agency and the Authority propose to enter into a Cooperation Agreement (Agreement) to provide for the implementation of affordable housing projects set forth in the Schedule of Projects attached to the Agreement as Exhibit A (Projects), and to require the Agency to advance funds to the Authority in accordance with the Payment Schedule attached to the Agreement as Exhibit 2 for the Authority's cost of performing its obligations under the Agreement, subject to all of the terms and conditions of the Agreement; and WHEREAS, no other reasonable means of financing said Projects and the programs and activities associated therewith are available other than with Agency funds; and WHEREAS, the programs and activities associated with the Projects include, but are not limited to, administration, acquisition and disposition of property, development of design criteria, design, planning, feasibility studies, permitting, preparation of construction bid documents, financial and economic analysis, financing, new construction, rehabilitation of existing improvements and structures, remediation of hazardous materials, elimination or removal of blighting conditions, and monitoring and enforcement of affordable housing covenants and other requirements pursuant to applicable law; and WHEREAS, all buildings and improvements thereof of the Projects shall not be owned or operated by the Agency or Authority; and WHEREAS, the payment of funds by the Agency for the costs related to said Projects and the programs and activities associated therewith is consistent with the Implementation Plan adopted pursuant to Section 33490, and Housing Fund Requirements in 33334 of the California Redevelopment Law ("CRL"); and WHEREAS, the Agreement has been reviewed for compliance with California Environmental Quality Act (CEQA) and the State CEQA Guidelines (CEQA Guideline) and the Agreement is not a "project" for the purposes of CEQA and the CEQA Guidelines because, consistent with the CEQA Guidelines Section 15738(b)(4), while the Agreement commits the Agency to fund an affordable housing program, with potential projects identified, it does not commit the Housing Authority to implement any particular housing project without appropriate environmental review. Notwithstanding the foregoing, the determination of what constitutes a "project" under CEQA is complex and may be the subject of differing interpretation and, accordingly, if the Agreement is determined to be a "project" under CEQA, for the reasons stated herein, there is still no possibility that the activity may have a significant effect on the environment and, therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred and the agenda report accompanying this resolution is incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby recommend that the Redevelopment Agency of the City of Chula Vista 1) enter into a Cooperative Agreement with the Housing Authority of the City of Chula Vista for the implementation of affordable housing projects, 2) commit fund balance of the CVRC Resolution No. 2011-001 Page 3 Redevelopment Low and Moderate Income Housing Funds, future Tax Increment, loan repayments, or other revenue received by the Agency, and 3) appropriate in the current yeaz for the Transfer Out to the Housing Authority in the approximate amount of $9.2m of available fund balance of Low/Mod Fund. Presented by: G ert, AICP, PE Chief cutive Officer PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation of the City of Chula Vista, this 8th day of March 2011, by the following vote: AYES: Directors: Cannon, Desrochers, Flores, Paul, Salas NAYS: Directors: None ABSENT: Directors: Munoz ABSTAIN: Directors: None Doug Paul A ting C111 ATTEST: Eric C. Crockett, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 3/~/~, 'G~~oAooo~s~ o~~ ,~. ~' CVRC a z 06/15/2005 Y'G ~~"~ "=Pf7 ~~~~~_. ~t~t "k-- I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2011-001 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a ~r~gtt~ar~meeting of the Chula Vista Redevelopment Corporation held on the 8th day of Mazch ~' 2011. Executed this 8th day of March 2011. %~ Eric C. Crockett, Secretary Approved as to form by: