RESOLUTION NO. __-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
ACTING AS THE HOUSING SUCCESSOR AGENCY TO THE PLEASANT HILL
REDEVELOPMENT AGENCY, APPROVING THE FIRST AMENDMENT TO
AFFORDABLE HOUSING DISPOSITION AND DEVELOPMENT AGREEMENT (85 WOODSWORTH LANE)
WHEREAS, the City of Pleasant Hill (“City”) is designated as the housing successor (the “Housing Successor”) to the dissolved Pleasant Hill Redevelopment Agency (“Former Agency”) pursuant to California Health and Safety Code (“HSC”) Section 34176; and WHEREAS, the City as Housing Successor is the owner of certain real property located at 85 Woodsworth Lane in Pleasant Hill, California (“Site”); and WHEREAS, the Former Agency acquired the Site with funds from the Former Agency’s Low and Moderate Income Housing Fund; and
WHEREAS, in accordance with HSC 34176 and the Community Redevelopment Law (HSC Sections 33000 et. seq.), the City desires to convey the Site to Habitat for Humanity East Bay/Silicon Valley (“Developer”) for the construction of affordable housing; and WHEREAS, City and Developer entered into an Affordable Housing Disposition and Development Agreement (85 Woodsworth Lane), dated April 23, 2021, (the "Agreement", provided as Attachment 1), providing for the conveyance of the Site to the Developer for development of four ownership housing units, of which three would be sold at an affordable sales price to low income households, and one would be sold at an affordable sales price to moderate income households (the “Project”). The Agreement additionally provided that the City would provide a $285,000 forgivable loan to Developer to assist with the development of the low income units; and
WHEREAS, after completion of a survey of the Site by Developer’s civil engineering consultant, Developer determined that the total area of the Site is less than what is indicated on the parcel map for the Site, and as a result Developer determined the Site would prevent the development of four units on the Site, but that Developer can still develop three low-income ownership housing units; and
WHEREAS, City and Developer desire to amend the Agreement to modify the Project, as defined in the Agreement, to allow flexibility for the construction of either three or four units - where three units would be sold at an affordable sales price to low income households and in the four-unit alternative, the fourth unit would be sold at an affordable sales price to moderate income households; to make other clarifying and conforming changes related thereto; and to extend certain performance deadlines as set forth in the Agreement; and WHEREAS, the Developer’s proposed acquisition of the Site and subsequent construction and completion of the Project on the Site pursuant to the terms of the Agreement is in the best interest of the City and the health, safety and welfare of the City’s taxpayers and residents, and is in accordance with the public purposes set forth in applicable law, and the proposed amendment 2 will help to facilitate the acquisition, construction and completion of the Project as contemplated in the Agreement; and
WHEREAS, implementation of the Agreement will further the goals and objectives of the City’s General Plan 2040 by promoting development of affordable housing and will provide new housing for low income households, which will help to satisfy the City’s Regional Housing Needs Assessment obligation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:
Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.
Section 2. The City Council hereby approves the First Amendment to Affordable Housing Disposition and Development Agreement (85 Woodsworth Lane) (the “First Amendment”) provided as Attachment 2.
Section 3. The City Manager and/or his designee is authorized to take all actions necessary to effectuate the First Amendment to the Agreement.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4 th
day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
____________________________________________
LYONE CONNER, City Clerk
ATTACHMENT 1
DISPOSITION AND DEVELOPMENT AGREEMENT
85 WOODSWORTH LANE
[to be attached as a separate document]
2 ATTACHMENT 2
FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT 85 WOODSWORTH LANE
[to be attached as a separate document]