HomeMy WebLinkAbout2003-03-03 Ordinance 4780ORDINANCE NO. 4780
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 2002-03 TO
PROVIDE AN APPROPRIATION OF $750,000 FROM THE RESIDENTIAL
HOUSING IN-LIEU FUND FOR A LOAN TO THE OPPORTUNITY CENTER
PROJECT
WHEREAS, pursuant to the prov~s~ons of Section 12 of Article
III of the Charter of the City of Palo Alto; the Council on June 19,
2002 did adopt a budget for fiscal year 2002-03; and
WHEREAS, the development of very low and low-income subsidized
rental housing units implements the housing objectives stated in the
City of Palo Alto's Comprehensive Plan and Consolidated Plan and is
a Council "Top Five" priority; and
WHEREAS, the Community Working Group, Inc. (CWG) holds fee
title to 33 and 39 Encina Avenue, and the Housing Authority of the
County of Santa Clara holds the right of possession to the parcel
at 45 Encina Avenue, and these two entities (acting jointly as
developers) are pursuing the development of 89 units of subsidized
rental housing for very low and low income households over a service
center for homeless persons and families the Opportunity Center
Project on this site; and
WHEREAS, on July 22, 2002, the City entered into an interim
predevelopment funding agreement under which the City provided the
developers with a loan of $1,280,000 for certain predevelopment and
site acquisition costs for the Opportunity Center Project: and
WHEREAS, the developers have completed the architectural
design of the project, obtained Planning and Transportation
Commission approval on January 29, 2003 of the Planned Community
zone change, obtained almost five million dollars in financing
commitments and are prepared to submit an application for the
State's Multifamily Housing Program (MHP) , which is due by March
18, 2003; and
WHEREAS, the developers must have commitments of all local
government funding, including funding from the City of Palo Alto,
to have a competitive MHP application and such funding commitment
can be documented by an adopted Budget Amendment Ordinance; and
WHEREAS, the City has determined that an additional loan
amount of $750,000 for housing unit construction costs is needed to
make the project feasible and that the City funds shall be provided
as a deferred payment loan pursuant to the terms of loan and
regulatory agreements to be later approved by Council, after all
other required funding has been awarded and is firmly committed: and
Whereas, $1,655,052 is available in the Residential Housing
In-Lieu Fund; and
Whereas, the appropriation of funds requested from the
Residential Housing In-Lieu Fund is for a one-time cost and no
future year ongoing costs are anticipated; and
Whereas, City Council authorization is needed to amend the
2002-03 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION 1. The sum of $750,000 is hereby appropriated to non-
salary expenses in the Residential Housing In-Lieu fund to be
transferred to the Opportunity Center Project as a loan for the
affordable housing proj ect. No transfer shall occur except per
execution of loan agreements prepared in a form approved by the City
Attorney.
SECTION 2. A note receivable of $750,000 will be established
on behalf of the Opportunity Center Project, upon execution of the
aforesaid loan agreements.
SECTION 3. This transaction will reduce the Residential
Housing In-Lieu Fund reserve from $1,655,052 to $905,052.
SECTION 4. As specified in Section 2.28.080 (a) of the Palo
Alto Muriicipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 5. As provided in Section 2. 04 . 3.5 0 of the Palo Al to
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED: March 3, 2003
AYES: Beecham, Burch, Freeman, Kishimoto, Kleinberg, Lytle,
Mossar, Ojakian
NOES:
ABSTENTIONS:
NOT PARTICIPATING: Morton
\
"I certify (or ~eclare) under penalty
of perjury that the foregoing is true
correct."
APPROVED:
Dir eto of Planning and
Community Environment
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