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2010/10/26 City Council Ordinance 826 . AFFIDAVIT OF POSTING STATE OF CALIFORNIA) ) ss County of Sonoma ) Terri Griffin, under penalty of perjury, deposes and says: That she is, and during all times herein mentioned was, the duly acting and qualified DeDutv City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 27th day of October. 2010, she posted as required by law full, true, and correct copies of ORDINANCE NO. 826, "AMENDING SUBSECTION (N)(3) OF SECTION 17.07.020 OF THE ROHNERT P ARKMUNICIP AL CODE RELATING TO THE HOUSING TRUST FUND BOARD" in five (5) public places in said City, to wit: City Hall 130 Avram Avenue Public Safety Department 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Library 6250 Lynne Conde Way www.rpcitv.ore for website posting ~~~~ Deputy City Clerk vJ Subscribed and sworn to before me this 27th day of October, 2010. M:\Ordinances\Ordinances 20 1 O\Affidavits ofPosting\Affidavit of Posting 826.doc ORDINANCE NO. 826 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING SUBSECTION (N)(3) OF SECTION 17.07.020 OF THE ROHNERT PARK MUNICIPAL CODE RELATING TO THE HOUSING TRUST FUND BOARD WHEREAS, on May 27, 2003, the City Council of the City of Rohnert Park approved Ordinance 695 adding Municipal Code Chapter 17.07 (Land Use Footnotes/Special Provisions); WHEREAS, Subsection (N)(3) of Section 17.07.020 establishes a housing trust fund (the "housing fund") and housing trust fund board; WHEREAS, the City Council of the City of Rohnert Park serves as the housing trust fund board; WHEREAS, the housing fund is administered by the City Manager, or his or her designee, who shall have the authority to govern the housing fund consistent with Subsection (N)(3) of Section 17.07.020, and to prescribe procedures for said purpose, subject to approval by the Council; WHEREAS, the City wishes to eliminate the .need for a separate housing trust fund board; WHEREAS, the City wishes to amend the Ordinance to establish the CDC Five Year Implementation Plan as the reference document for defining and prioritizing the uses of the monies in the housing fund to eliminate the need for biannual meetings and a separate housing assistance plan program and financing strategy; NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1: Subsection (N)(3) of Section 17.07.020, Housing trust fund, of the Rohnert Park Municipal Code is amended in full to read as follows: "3. Housing trust fund. a. There is hereby established the city of Rohnert Park affordable housing trust fund (the "housing fund"). Separate accounts within such housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the fund. b. The hQusingfund shall be administered by the city manager, or his/her desigt).ee, who shall have the authority to govern the housing fund consistent 1 with this chapter, and to prescribe procedures for said purpose, subject to approval by the council, and payment for all expenditures must be in accordance with city purchasing and budgetary policies. c. Purposes and use of funds. (1) Monies deposited in the housing fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households ofmoderate-, low- and very low-income households; including, but not limited to: (i) Acquisition of property and property rights; . (ll) . Cost of construction including costs associated with planning, administration, and design, as well as actual building or installation, as well as any other' costs associated with the construction or financing of affordable housing; (ill) Reimbursement to the city for such costs if funds were advanced by the city from other sources; and, (iv) Reimbursement of developers or property owners who have been required or permitted to install facilities which are beyond that which can be attributed to a specific development. Monies may also be used to cover reasonable administrative expenses not reimbursed through processing fees, including reasonable consultant and legal expenses related to the establishment and/or administration of the housing fund and reasonable expenses for administering the process of calculating, collecting, and accounting for inClusionary fees and any deferred city fees authorized by this section. No portion of the housing fund may be diverted to other purposes by way of loan or otherwise. (2) Monies in the housing fund shall be used in accordance with the priorities identified in the Rohnert Park community development commission's five year implementation plan, which must be consistent with the city's housing element, to construct, acquire, rehabilitate or subsidize very low-, low- and moderate-income housing and/or to assist other governmental entities, private organizations orindividuals in the construction and rehabilitation of very low- low-, and moderate-income housing. To the extent possible as determined by the council, monies shall be targeted to benefit households at or below sixty percent of median income in Rohnert Park. Monies in the housing fund may be 2 disbursed, hypothecated, collateralized or otherwise employed for these purposes from time to time as the city council determines is appropriate to accomplish the purposes of the housing fund. These uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, pre- . development loan funds, participation leases, or other public/private partnership arrangements. The housing fund monies may be extended for the benefit of rental or owner occupied housing or housing services." SECTION 2: Effective Date and publication. This .ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on the 12th day of October, 2010, and DULY AND REGULARLY ADOPTED this 26thdayofbctobE';t2010, the following roll call vote: AYES: Four (4) Council Members Belforte, Breeze, Callinan and Mayor Stafford NOES: None (0) ABSENT: One (1) Council Member Mackenzie ABSTAIN: None (0) CITY OF ROHNERT PARK ~a.n_~ Mayor ATTEST: ={\~~.~u~Dbl City C . 3