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RES-ORA-0430 Affordable Housing Loan Agreement Approval 1844 E Wilson Ave.RESOLUTION NO. ORA- 0430 A RESOLUTION OF THE ORANGE REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE HOUSING LOAN AGREEMENT BY AND AMONG THE CITY OF ORANGE, THE ORANGE REDEVELOPMENT AGENCY AND ORANGE HOUSING DEVELOPMENT CORPORATION REGARDING 1844 EAST WILSON AVENUE 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 Onmge Redevelopment Agency (Agency) are set aside by the Agency in its Low- and Moderate-Income Housing Fund (Housing Fund) :md 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((~) of the CRL, the Agency may exercise any and all of its powers to carry out this purpose; lmd WHEREAS, pursuant to Section 33205 of the CRL, the Agency may delegate to the City of Orange any of its powers under the CRL; and WHEREAS, the City of Orange is responsible for administering certain funds made available to the City by the U.S. Department of Housing and Urban Development (HUD) under the HOME Investment Partnerships Act Program (HOME Program) in accordance with the regulations issued by HUD set forth in 24 CFR Part 92 (the HOME Regulations); and WHEREAS, Orange Housing Development Corporation, a California nonprofit corporation (OHDC), has entered into an agreement for the acquisition of certain real property located at 1844 East Wilson Avenue (the Propeliy), located outside the boundaries of the Orange Merged and Amended Redevelopment Project Area (the Property), which is improved with a multi-family residential development consisting often ( 10) apartment units; and WHEREAS, OHDC proposes to rehabilitate the apartments on the Property and provide rental housing to be occupied by and rented exclusively, at affordable rents, to Low and Moderate Income households, including Very Low Income households (the Project); and WHEREAS, the Project will provide an alIordable housing resource for the Orange Me:rged and Amended WHEREAS, OHDC has requested that the Agency make available to OHDC 730,380.00 in Housing Funds to be used, together with $313,020.00 in HOME Funds to be made available by the City and a bank loan of $284,060, to pay the cost to acquire the Property and rehabilitate the apartment units, as more fully set forth in an Affordable Housing Loan Agreement (Agreement) by and among the City of Orange, the Agency and OHDC, substantially in the form presented to the Agency and the City Council; and WHEREAS, the requested Housing Funds will exceed fifty percent of the cost of acquiring the Property and rehabilitating the apartment units; and WHEREAS, OHDC has presented to the Agency substantial evidence that OHDC has made a good faith attempt but been unable to obtain additional commercial or private means of financing for the acquisition of the Property and rehabilitation of the apartment units, at the same level of affordability and quantity as provided in the Agreement; and WHEREAS, the Project consists of the replacement 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 Califomia Constitution requiring voter approval at an election; and WHEREAS, California Public Resources Code Section 21080.14 establishes a statutory exemption from the California Environmental Quality Act (CEQA) for lower-income residential projects in urban areas. The proposed Project complies with the conditions and limitations of this exemption, which are detailed in Section 15280 of the State CEQA Guidelines, and are described as follows. Specifically, the proposed Project will remain affordable to low-, moderate-, and very low-income households for a period of 65 years, is consistent with the City's general plan and zoning, is adequately served by utilities, and will not involve the demolition of, or any substantial adverse change in, any district, landmark, object,building, structure, site, area, or place that is listed, or determined to be eligible for listing in the California Register of Historical Resources. The site, itself, is currently developed with urban uses, is not more than two acres in area, has no value as wildlife habitat, and is not included on any list of hazardous waste or other facilities and sites compiled pursuant to Section 65962.5 of the California Government Code. The site and its existing improvements have been subject to an assessment by a California registered environmental assessor to determine both the presence of hazardous contaminants, if any, and the potential for exposure of site occupants to significant health hazards from nearby properties and activities; and WHEREAS, the governing board of the Agency, along with the City Council, have duly considered all of the 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 requiremmts, and that such activities promote the affordable housing objectives of the Califomia Community Redevelopment Law as well as the Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment NOW, THEREFORE, the Board of Directors of the Orange Redevelopment Agency finds, determines and 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. The foregoing recitals are true and correct. Section 2. The Agency hereby delegates to the City all of the Agency's power and authority pursuant to the CRL to make a loan of Housing Funds to OHDC for the Project as provided in the Agreement. Section 3. The Agency hereby finds that the proposed loan of $730,380.00 in funds from the Housing Fund for the Project in accordance with the Agreement will be of benefit to the Orange Merged and Amended Redevelopment Project Area 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 4. The Agency hereby finds, based on substantial evidence, that the amount of the Housing Funds to be used for the acquisition of the property and rehabilitation of the apartments, as proposed in the Agreement, is necessary because OHDC has made a good faith attempt but been unable to obtain additional commercial or private financing for the units, at the same level of affordability and quantity as provided in the Agreement; and Section 5. The Agency hereby authorizes a loan of Housing Funds in the amount of 730,380.00, subject to the terms and provisions set forth in the agenda report presented to the Agency and any testimony received at the meeting at which this matter was considered, and in accordance with the Agreement substantially in the form presented to the Agency; and Section 6. The Agency hereby approves the Agreement in accordance with the terms and provisions set forth in the agenda report presented to the Agency and any testimony received at the meeting at which this matter was considered and hereby authorizes and directs the Chairman or Executive Director of the Agency or designee to execute the Agreement on behalf of the Agency substantially in the form presented to the Agency and the City Council, and to take all steps and sign all documents and instruments to carry out the Agreement on behalf of the Agency. ADOPTED this 14th day of October, 2003. J/ J ~ !fJ! Mark A. Murphy, Chai 3 ATTEST: 1~4fAA~.e ~;OiAA1A;f- Cassandra J. C art, Clerk I, CASSANDRA J. CATHCART, Clerk of the Orange Redevelopment Agency, Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the Orange Redevelopment Agency at a regular meeting thereof held on the 14th day of October, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DIRECTORS: Ambriz, Alvarez, Murphy, Coontz, Cavecche DIRECTORS: None DIRECTORS: None DIRECTORS: None C44~~ Cassandra J. Cat , Clerk 4