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CDC - Item 4A - Transfer $105,000 From the Low and Moderate Income Housing Fund to the Rosemead Housing Development Corporation FundROSEMEAD COMMUNITY DEVELOPMENT COMMISSION TO: THE HONORABLE CHAIRMAN AND COMMISSIONERS FROM: JEFF ALLRED, EXECUTIVE DIRECTOR 'A DATE: JUNE 28, 2011 SUBJECT: TRANSFER $105,000 FROM THE LOW AND MODERATE INCOME HOUSING FUND TO THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION FUND SUMMARY Under the Health and Safety Code, redevelopment agencies are required to assist in the production, improvement or availability of affordable housing. To accomplish this, redevelopment agencies are required to transfer 20% of their gross tax increment revenue to a Low and Moderate Income Housing fund. To assist in the availability of affordable housing the Commission created the Rosemead Housing Development Corporation (RHDC) which constructed two apartment complexes for low income senior citizens; the operations of the apartments are subsidized with contributions from the Low and Moderate Income Housing Fund. However, both apartments needed substantial repairs this fiscal year and these costs, along with very low rental rates (rental rates have never been raised at either complex), have left RHDC unable to meet its financial obligations. Therefore, staff is requesting that the Commission authorize a cash transfer from the Low and Moderate Income Housing Fund to RHDC so it can meet its financial obligations. Staff Recommendation Staff recommends that the Commission direct staff to transfer $105,000 from the Low and Moderate Income Housing Fund to the RHDC fund. ANALYSIS Due to needed repairs and insufficient rental revenue the RHDC fund has fallen into a deficit of $105,000. In the 16 and 11 year history of the two complexes, rental rates have never been increased; however, due to normal inflationary pressures, operating costs continue to rise. Historically, prior year surpluses have been used make up the difference in operating losses but those surpluses are now depleted. Additionally, repairs costing $40,000, in addition to normal maintenance, added to the cost of operations. APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: RHDC Meeting June 28, 2011 Page 2 of 2 Consistent with the legal intent of redevelopment law, the Low and Moderate Income Housing Fund has always subsidized RHDC operating losses and $250,000 is again budgeted for this year. However, with extra repair costs and insufficient rental revenue, a $105,000 transfer is necessary to offset operating losses. After the transfer the Low and Moderate Income Housing Fund will have an estimated cash balance of $1.7 million and the FY 2011 -12 budget is projecting a $219,400 cash increase in the fund. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Steve Brisco Director of Finance RESOLUTION NO. 2011 -23 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE TRANSFER OF $105,000 FROM THE LOW AND MODERATE INCOME HOUSING FUND TO THE ROSEMEAD HOUSING DEVELOPMENT CORPORATION (RHDC) FUND AND ENTERING INTO AN AGREEMENT MEMORIALIZING SUCH TRANSFER WITH THE RHDC WHEREAS, The City Council of the City ( "City Council ") has adopted Redevelopment Plans (each individually, a "Redevelopment Plan'; and collectively, the "Redevelopment Plans ") for the for the No. 1 and No. 2 Project Areas (each individually, a `Project Area'; and collectively, the `Project Areas");and WHEREAS, pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000; et s�Mc.) ( "Redevelopment Law "), the Rosemead Community Development Commission ("CDC") is undertaking a program to redevelop the Project Areas; and WHEREAS, the CDC created the Rosemead Housing Development Corporation ( "RHDC ") as a separate legal corporation to assist in the development of affordable housing within the community; and WHEREAS, the RHDC constructed 2 apartment complexes that have had recorded against them covenants that restrict residency in the complexes to senior citizens who qualify as low- income residents or low- income households; and WHEREAS, both apartment complexes required substantial repairs during the 2010/2011 fiscal year and the costs of repairs, combined with the low rental rates (which rates have not been raised at any time since completion of construction on each complex) have left RHDC unable to meet its financial obligations; and WHEREAS, the CDC has annually subsidized the activities of the RHDC and this transfer of funds will merely offset the extra repair costs incurred by the RHDC in fiscal year 2010/2011 to keep the RHDC at the same operating level that it would be had the repairs not been required in this fiscal year; and NOW, THEREFORE, THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CDC hereby finds that the transfer of funds from the CDC's Low and Moderate Income Housing Fund to the RHDC will further the purposes of redevelopment within the community by allowing the RHDC to preserve the two apartment complexes as affordable units in the community within the meaning of California Health and Safety Code Section 33334.2. Section 2. The CDC hereby approves the transfer of $105,000 to the RHDC and authorizes the Chair of the CDC to execute an agreement on behalf of the CDC with the RHDC for the proper use of the funds and direct the Executive Director or his designee do any and all things and to execute and deliver, and if _appropriate, record, any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. APPROVED AND ADOPTED this 28th day of June, 2011, by the following vote Steven Ly, Chair ATTEST: Gloria Molleda, Secretary .-":.• _ b M • x:11 Rachel H. Richman, CDC General Counsel