RES-9032 Approving Affordable Housing Agreement 136-150 West Mayfair AvenueRESOLUTION NO. 9032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE APPROVING AN AFFORDABLE HOUSING
AGREEMENT BY AND BETWEEN THE ORANGE
REDEVELOPMENT AGENCY AND PETER D. BONELLO
AND JENNIFER G. BONELLO REGARDING 136-150
WEST MAYFAIR AVENUE AND MAKING CERTAIN
FINDINGS WHEREAS, pursuant to Section 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, pursuant to Section 33334.6(a) of the CRL, the
California State Legislature has found and declared that the provision of affordable housing outside
of redevelopment project areas can be of direct benefit to those projects in assisting the
accomplishment of
project objectives; and WHEREAS, pursuant to Section 33334.2(g) of the CRL, the Agency
may use Housing Funds to assist in the provision of housing for low and moderate
income households, including very low-income households, outside the boundaries of its
redevelopment project areas upon resolution of the City Council and the Agency that such use will be
of benefit to
the redevelopment projects; and WHEREAS, Peter D. Bonello and Jennifer G. Bonello, husband and
wife, as joint tenants Owners"), own certain improved real property located at 136-
150 West Mayfair Avenue (the Site"), which is located outside the boundaries of the City'
s redevelopment project areas; and WHEREAS, the Site is improved with two complexes (
Complex # 1 and Complex # 2),each consisting of four dwelling units, six of which are currently
occupied by persons and families of very low income, and one of which is currently occupied by
a low income household; and WHEREAS, Owners have requested the assistance of
the Agency to make available 231,930 in Housing Funds to be used by Owners (a) to refinance
the acquisition loan relating to Complex # 2 and (b) to rehabilitate Complex # 1 and Complex #
2 (the "Project"); and Owners have agreed to restrict the use of the Site for thirty (30) years by
renting units exclusively to very low income households as vacancies occur, and by restricting rents
to an affordable rent, as defined in the CRL, as more fully set forth in an
Affordable Housing Agreement ("Agreement") by and between the Agency and Owners, in a form that is
WHEREAS, the City Council desires to find and determine that the use of a portion of the
funds from the Housing Fund outside the boundaries of the City's redevelopment project areas for
the Project in accordance with the terms and provisions of the Agreement, is for the benefit of the
City's redevelopment project areas and is in the vital and best interests of the City of Orange and
the health, safety and welfare of its residents, and in accord with the public purposes and
provisions of applicable federal, state and local laws and requirements; and
WHEREAS, the Project consists of the rehabilitation of dwelling units of a previously
existing low-rent housing project and is not, therefore, a "low rent housing project" within
the meaning of Article XXXIV of the California Construction 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 interests of the City and health, safety,
morals and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law requirements, and that such activities promote the affordable
housing objectives of the CRL as well as the Redevelopment Plans for the Northwest, Southwest
and Tustin Street Redevelopment
Projects.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 1. That the Agency's use of funds from the Housing Fund in the amount
of 231,930 for the Project will be of benefit to the City's redevelopment projects and is in the
vital and best interests of the City of Orange and the health, safety and welfare of its residents, and
in accord with the public purposes and provisions of applicable federal, state and local laws
and
requirements.Section 2. That the provision of affordable housing pursuant to the Agreement is
of benefit to each of the following redevelopment projects and their project areas: the Tustin
Street Redevelopment Project; the Southwest Redevelopment Project; and the
Northwest Redevelopment
Project.Section 3. That the City Council approves the Project and the preparation of
the Agreement between the Agency and Owners 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.Reso. No.
9032
ADOPTED this 27th day of October 1998.
1"
ATTEST:
7
GJ4A-t4'~ fJcu,~
Ad-City Clerk of the . of
Orange I hereby certily that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 27th day of
October 1998, by the following
vote:AYES: COUNCILMEMBERS: SLATER, COONTZ,
ALVAREZ NOES: COUNCILMEMBERS:
NONE ABSENT: COUNCILMEMBERS: MURPHY,
SPURGEON ABSTAIN: COUNCILMEMBERS:
NONE Reso. No.
9032