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CC RES 2009-018 RESOLUTION NO. 2009-18 A JOINT RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF RANCHO PALOS VERDES MAKING CERTAIN FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY AND AMCAL MIRANDELA FUND, L.P. WHEREAS, the Rancho Palos Verdes Redevelopment Agency (the "Agency") has been duly created, established and authorized to transact business and exercise its powers under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, the Agency is the owner of certain real property located at the intersection of Crestridge Road and Crenshaw Boulevard within the City of Rancho Palos Verdes, consisting of approximately 2.88 acres of land (the "Site"); and WHEREAS, in order to provide affordable housing, effectuate the provisions of the Redevelopment Plan for Redevelopment Project Area No. One (the "Redevelopment Plan"), and achieve the goals of the Implementation Plan for the City of Rancho Palos Verdes, the Agency proposes to enter into a Disposition and Development Agreement ("DDA") with AMCAL Mirandela Fund, L.P. (the "Developer") for the sale of the Site and development thereon of a 34-unit senior affordable apartment project ("Project"), of which 29 will be 1- bedroom units and 5 will be 2-bedroom units; and WHEREAS, pursuant to the DDA, 7 units will be restricted to extremely low income households earning 30% or less of Area Median Income ("AMI"), 9 units will be restricted to very low income households earning 50% or less of AMI, 9 units will be restricted to lower income households earning 80% or less of AMI, and 8 units will be restricted to low and moderate income households earning 120% or less of AMI; and WHEREAS, a copy of the DDA and a summary of certain aspects regarding the sale and development of the Site ("Summary Report") have been made available for public inspection in the manner required by California Health and Safety Code section 33433; and WHEREAS, in accordance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City of Rancho Palos Verdes Guidelines for implementation of CEQA, the City of Rancho Palos Verdes completed an Initial Study for the Project, which resulted in the preparation and adoption of a Mitigated Negative Declaration and Mitigation Monitoring Plan. NOW, THEREFORE, based on evidence presented to the Agency, including the written staff report and oral testimony on this matter, the Initial Study and Mitigated Negative Declaration, and the Summary Report prepared pursuant to California Health and Safety Code section 33433, the City Council and Agency Board of Trustees do hereby find, determine and resolve as follows: Section 1. The above recitals are all true and correct. Section 2. The sale and development of the Site pursuant to the terms of the DDA is consistent with the Implementation Plan adopted by the Agency pursuant to Health and Safety Code section 33490. The sale and development of the Site will fulfill the following objectives set forth in the Implementation Plan: • 1. Preserve, improve and expand housing opportunities for low and moderate income residents by encouraging the development of new affordable housing resources. 2. Satisfy the replacement housing requirements of the Community Redevelopment Law as they relate to any housing units, if any, displaced by Agency activities. 3. Satisfy inclusionary housing requirements of the Community Redevelopment Law as they relate to the provision of affordable housing as a percentage of any new or substantially rehabilitated housing. 4. Meet the fair share regional affordable housing goals for the City of Rancho Palos Verdes by improving public improvements and community facilities, removing and preventing blighting conditions and providing affordable housing resources. 5. Support overall community development, economic development, and redevelopment/revitalization efforts within the City of Rancho Palos Verdes by improving public improvements and community facilities, removing and preventing blighting conditions and providing affordable housing resources. Section 3. Riggs & Riggs, appraisers, have prepared an appraisal report dated February 24, 2009 and have concluded that the current estimated value of the Site is $2,990,000.00. The Developer must purchase the Site for this amount under the terms of the DDA. Tierra West Advisors, Inc., economic consultants, have examined the proposed development plan for the Site and have concluded that the proposed Project supports a reuse value of zero, assuming the risks and obligations as outlined in the DDA. Based on this information, as set forth in the Summary Report, the consideration for the sale and development of the Site is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. Section 4. The City Council adopted the Mitigated Negative Declaration for the Project and a Mitigation Monitoring Plan on March 3rd. Section 5. The Agency Board of Trustees and the City Council hereby approve the Disposition and Development Agreement between the Agency and AMCAL Mirandela Fund, L.P., a California limited partnership. Section 6. The Agency Board of Trustees and the City Council hereby provide that, with regards to tenants of the Project and in accordance with Health and Safety Code section 50053, for those lower income households with gross incomes that exceed sixty percent (60%) of the area median income adjusted for family size, the rent shall not exceed thirty percent (30%) of the gross income of the household; for moderate income households whose gross incomes exceed one hundred and ten percent (110%) of the area median income adjusted for family size, the rent shall not exceed thirty percent (30%) of the gross income of the household. CC and RDA Resolution No. 2009-18 Page 2 of 3 Section 7. The Executive Director of the Agency is hereby authorized and directed to do any and all things and to execute and deliver, and the Secretary is hereby authorized to attest to, the DDA and the instruments referenced therein. The Executive Director is hereby authorized to approve such changes to the above documents as may be necessary to effectuate their purpose. The Executive Director is further authorized and directed to do any and all things necessary to implement the DDA. PASSED, APPROVED, AND ADOPTED THE 17th day of March 2009. aLEE2a, Mayor Attest: IA i City Clerk State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2009-18 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on March 17, 2009. / City Clerk PASSED, APPROVED, AND ADOPTED THE 17th day of March 2009. ..• Agency Chair Attest: / // / Agency Secretary State of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, Carla Morreale, Agency Secretary of the Rancho Palos Verdes Redevelopment Agency, do hereby certify that the above Resolution No. RDA 2009-18 was duly and regularly passed and adopted by the said Redevelopment Agency at a regular meeting thereof held on March 17, 2009. Agency Secretary CC and RDA Resolution No. 2009-18 • Page 3 Of 3