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HomeMy WebLinkAboutCC RESO 2018-81RESOLUTION NO. 2018 — 81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM LOAN AND GRANT AGREEMENT DOCUMENTS SOLELY FOR THE PURPOSE OF APPLYING THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT'S UPDATED 2017 UNIFORM MULTIFAMILY REGULATIONS TO THE PARADISE CREEK II AFFORDABLE HOUSING PROJECT OF 92 RENTAL UNITS LOCATED AT 2010 AND 2030 HOOVER AVENUE IN NATIONAL CITY WHEREAS, the State of California Department of Housing and Community Development ("Department"), Paradise Creek II Housing Partners, L.P. ("Developer"), and the City of National City ("City") entered into a Standard Agreement for a loan of $3,760,617 ("Loan") for the Paradise Creek II Affordable Housing Development ("Development") which was fully executed on March 20, 2017; and WHEREAS, the same parties entered into a separate Standard Agreement for an additional grant of $5,480,271 ("Grant") for the Development; and WHEREAS, the Standard Agreements for the Loan and Grant reference certain provisions of the Uniform Multifamily Regulations, as amended in 2010 (Cal. Code Regs, title 25, Section 8300 et seq., Register 2010, No. 24 (June 11, 2010)) to the extent they were incorporated by the Affordable Housing and Sustainable Communities Program ("AHSC") Guidelines where applicable; and WHEREAS, amendments to the Uniform Multifamily Regulations (Cal. Code Regs, title 25, Section 8300 et seq., Register 2017, No. 45 (Nov. 10, 2017)) were adopted and thereafter became effective as of November 15, 2017 ("UMR2017"); and WHEREAS, at its January 29, 2018 meeting, the Strategic Growth Council of the State of California amended Section 104(b)(3) of the Fiscal Year 2016-17 AHSC Guidelines (dated July 17, 2017, technical amendments: August 14, 2017, October 23, 2017, and January 29, 2018) (the "Amended Guidelines") to clarify the expression of the applicability of existing law, as follows: "Unless contradictory to a provision expressly set forth herein, the currently adopted and applicable Uniform Multifamily Regulations as may be amended from time to time ... are hereby incorporated by reference in their totality into the Guidelines" and are applicable to all AHSC program funding award rounds; and WHEREAS, Section 104(b)(3) of the Amended Guidelines apply to this Agreement, as noted through Exhibit "A" paragraph 1(B) herein, and as such, the UMR2017 will apply so long as this Agreement is amended after the January 29, 2018 effective date of the Amended Guidelines; and WHEREAS, pursuant to Section 104(b)(3) of the Amended Guidelines, and thereby section 8300(c) of UMR2017, by executing an amendment to the Loan and Grant Agreements and any Agreement related documents, the Developer and the City is now electing to have UMR2017 apply. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an amendment to the Affordable Resolution No. 2018 — 81 Page Two Housing Sustainable Communities Program Loan and Grant Agreement documents solely for the purpose of applying the State of California Housing and Community Development Department's updated 2017 Uniform Multifamily Regulations to the Paradise Creek II Affordable Housing Project of 92 rental units located at 2010 and 2030 Hoover Avenue in National City. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of May, 2018. on Morrison, Mayor ATTEST: )1 Michael R. Dalla, ty lerk APPROVED AS TO FORM: is-J Passed and adopted by the Council of the City of National City, California, on May 15, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California it:z4/1/11) of the City of �Y City ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-81 of the City of National City, California, passed and adopted by the Council of said City on May 15, 2018. City Clerk of the City of National City, California By: Deputy