RES-9668 Acquisition & Predevelopment Grant AgreementRESOLUTION NO. 9668
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AN ACQUISITION
AND PRE DEVELOPMENT GRANT AGREEMENT
BY AND AMONG THE CITY OF ORANGE, THE
ORANGE REDEVELOPMENT AGENCY AND
ORANGE HOUSING DEVELOPMENT
CORPORATION REGARDING PROPERTY
LOCATED ON WEST CHAPMAN AVENUE
BETWEEN LESTER STREET AND CITRUS
STREET AND MAKING CERTAIN FINDINGS
WHEREAS, pursuant to Sections 33334.2(a) and 33334.6(c) of the Community
Redevelopment Law (commencing with Section 33000 of the Health and Safety Code and
hereinafter referred to as the CRL) not less than 20% of all taxes which are allocated to the
Orange Redevelopment Agency (Agency) are set aside by the Agency in its Low- and
Moderate-Income Housing Fund (Housing Fund) and used by the Agency for the purpose
of increasing, improving and preserving the community's supply of low- and
moderate-income housing available at affordable housing costs to persons and families of
low- and moderate-income, including very low income persons
and families; and WHEREAS, pursuant to Section 33334.2(e) of the CRL, the Agency
may exercise any and all of its powers to carry out
this purpose; and WHEREAS, Orange' Housing Development Corporation,
a California nonprofit corporation (OHDC), has entered into agreements for the acquisition of
certain real property located on West Chapman Avenue, between Lester and Citrus (the Site), which
is located within the boundaries of the Orange Merged and Amended Redevelopment Project Area (
the Site); and WHEREAS, OHDC proposes to assemble the Site and, subject to
obtaining Low Income Housing Tax Credits, construct on the Site a multi-family
residential development consisting of twenty-nine (29) apartment units, to be rented exclusively, at
affordable rents, to Low Income and Very Low
Income households (the Project); and WHEREAS, OHDC has requested the assistance of the
Agency to make available to OHDC $916,750 in Housing Funds to be used to acquire
the Site and pay certain predevelopment costs in preparation for the Project, as more fully set
forth in an Acquisition and Predevelopment Grant Agreement (Agreement) by and <unong the
City of Orange, the Agency and OHDC, substantially in the form presented to the Agency
and the City Council; and WHEREAS, in addition to the Agency grant of Housing
Funds, OHDC has requested the assistance of the City to make available to OHDC a grant in the
amount of $1,085,686,consisting of $966,686 in funds made available to the City by the
and Urban Development (HUD) under the HOME Investment Partnerships Act Program (the
HOME Program) in accordance with the regulations issued by HUD set forth in 24 CFR Part 92
the HOME Regulations), and $119,000 in program income derived from HUD's Federal Rental
Rehabilitation Program, the use of which is subject to HOME Program requirements (the Rental
Rehabilitation Program Income); and
WHEREAS, the City Council desires to mak(: available to OHDC a grant of HOME
funds and Rental Rehabilitation Program Income in the combined amount of $1,085,686 in
accordance with the terms and provisions of the agenda report presented to this City Council
herewith; and
WHEREAS, the Project will consist of privatdy-owned housing, not exempt from
ad valorem taxation by reason of any public ownership and is not financed with direct
long-term financing from a public body, and is not, therefore, a low rent housing project
within the meaning of Article XXXIV of the California Constitution requiring voter approval at
an
election;and WHEREAS, the City Council and the governing board of the Agency
have duly considered all terms and conditions of the Agreement as set forth in the agenda
report presented to it and any testimony received at the meeting at which this matter was considered
and believes that the activities described therein are in the best inter(:sts of the City and health,
safety, morals and welfare of its residents, and in accord v,iththe pub.lic purposes and provisions
of applicable State and local law requirements, a11d that such activities promote the
affordable housing objectives of the California Community Redevelopment Law as well as the
Amended and Restated Redevelopment Plan for the Orallge Merged and Amended
Redevelopment
Project Area.NOW, THEREFORE, the City Council of the City of Orange resolves, on the
basis of the facts set forth in the agenda report presented to it and any testimony received at
the meeting at which this matter was considered,
as follows:Section I. The City Council hereby authorizes the expenditure of HOME funds
in the form of a grant to OHDC in the amount of $966,686 and the expenditure of
Rental Rehabilitation Program Income in the form of a grant to OHDC in the amount of $119,000 in
accordance with the tenns and provisions set forth in the agenda report presented to the City Council
and any testimony received at the meeting at which this matter was considered and in
accordance with the Acquisition and Predevelopment Grant Agreement, substantially in the form presented
to the Agency and the City
Council; and Section 2. The City Council approves the Agreement with OHDC and the
Agency in accordance with the terms and provisions- set forth in the agenda report presented to
the City Council and any testimony received at the meeting at which this matter was
considered and hereby authorizes and directs the Mayor, the City Manager or designee to execute
the Agreement on behalf of the City and to take all steps and sign all documents and instruments to carry
out the Agreement on behalf of
the City.Reso No. 9668
2 -
ADOPTED this 22nd day of October, 2002.
ATTEST:
1fJ/.,az' ~ ~A'7'
Cassandra J. Cath , CIty Clerk, CIty of Orange
I hereby certify that the foregoing Resolution was duly and regularly adopted by the CityCounciloftheCityofOrangeataregularmeetingthereofheldonthe22nddayofOctober,2002, by the following vote:
A YES: COUNCILMEMBERS: Alvarez, Murphy, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slater, Coontz
ABSTAIN: COUNCILMEMBERS: None
A~.aA<AAf
Cassandra 1. Cat , CIty Clerk, CIty of Orange
I hereby certify that the foregoing Resolution No. 9668 was ratified and adopted by theCityCounciloftheCityofOrangeataregularmeetingthereofheldontheIIthdayofMarch,2003 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Alvarez
COUNCILMEMBERS: Ambriz
t-(J~./~d-
Cassandra J. Cath , City Clerk, City of Orange
Note: See March II, 2003 Minutes for clarification.
Reso No. 9668 3 -