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ARA-2006-007 RESOLUTION NO. ARA2006-007 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY ADOPTING AN AMENDMENT TO THE 2005-2009 IMPLEMENTATION PLAN FOR THE ANAHEIM MERGED REDEVELOPMENT PROJECT WHEREAS, the City of Anaheim has an existing Merged Redevelopment Project Area consisting of the Alpha Redevelopment Project Area, River Valley Project Area, Plaza Redevelopment Project Area, Commercial/Industrial Redevelopment Project Area, West Anaheim Redevelopment Project Area, and the Stadium Redevelopment Project Area ("Anaheim Merged Project Area"); and WHEREAS, the Anaheim Redevelopment Agency ("Agency") is vested with the responsibility . to carry out activities within the Anaheim Merged Project Area; and WHEREAS, Califomia Community Redevelopment Law ("CRL") Subsection 33490(a) (1) (A) requires that: On or before December 31, 1994, and each five years thereafter, each redevelopment agency that has adopted a redevelopment plan prior to December 31, 1993, shall adopt, after a public hearing, an implementation plan that shall contain the specific goals and objectives of the agency for the project area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs and expenditures will eliminate blight within the project area and implement the requirements of Section 33333.10, if applicable, and Sections 33334.2, 33334.4, 33334.6 and 33413 of the CRL; and WHEREAS, on December 14, 2004, the Agency, by Resolution No.ARA2004-15, adopted its 2005-2009 Implementation Plan for the Merged Project Area; and WHEREAS, the "Affected Redevelopment Plans" for the Anaheim Merged Project Area consist of the redevelopment plans, as previously amended, prepared for the Alpha Redevelopment Project, River Valley Redevelopment Project, Plaza Redevelopment Project, Commercialllndustrial Redevelopment Project, and the BrookhurstArea of the West Anaheim Redevelopment Project; and WHEREAS, the Agency has initiated proceedings to consider amendments to the Affected Plans ("Amendments") with the primary objectives of such Amendments to include: (1) amendments to the Affected Plans, which plans along with all other plans that constitute the Anaheim Merged Redevelopment Project, into a single, cOnsolidated redevelopment plan called the "Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Projecf' and (2) amendments to the Affected Plans only in accordance with Section 33333.1 0(a)(1) and (2) of the CRL to extend the time limits on plan effectiveness and the repayment of indebtedness and receipt 1 of tax increment revenues by ten (10) years for such constituent Affected Plans of the Anaheim Merged Redevelopment Project in order to eliminate existing blighting conditions and to increase, improve, and preserve affordable housing opportunities; and WHEREAS, in connection with the proposed Amendments and pursuant to CRL Section 33333.11 (c)(7), an amendment to the 2005-2009 Implementation Plan was prepared to reflect the increase from 20 percent to 30 percent of all taxes that are allocated to the Agency from the Anaheim Merged Project Area be deposited into the Agency's Low and Moderate Income Housing Fund pursuant to CRL Sections 33333.10(g), 33334.2, st seq., and 33334.6, et seq., In order to increase, improve, and preserve affordable housing opportunities; and WHEREAS, CRL Section 33490 (a) (B) provides that adoption of an implementation plan shall not constitute a project within the meaning of Section 21000 of the Public Resource Code; therefore, no CEQA compliance is required prior to approval and adoption of the amendment to the 2005-2009 Implementation Plan for the Anaheim Merged Project Area; and WHEREAS, as required by CRL Section 33490, a public hearing was held by the AQency on August 22,2006, in the City Council Chambers, City Hall, 200 South Anaheim Boulevard, Anaheim, California, to consider and act on the adoption of the amendment to the 2005-2009 Implementation Plan, and the testimony of all persons interested in the matter was heard; and WHEREAS, notice of the public hearing was published in the Los Angeles limes Newspaper (Orange County Edition) and Anaheim Bulletin Newspaper and was posted in at least four (4) permanent places within the Merged Project Area, as required by CRL Section 33490; and WHEREAS, the proposed amendment to the 2005-2009 Implementation Plan, together with all information pertaining thereto, was made available for publiC inspection prior to the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOllOWS: Section 1. Pursuant to CRL Sections 33333.11 (c)(7) and 33490, the Agency hereby adopts the amendment to the 2005-2009 Implementation Plan for the Anaheim Merged Project Area, attached hereto and incorporated herein by this reference. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY THIS TWENTYSECOND (22N~ DAY OF AUGUST, 2006, BY THE FOllOWING ROll CALL VOTE: AYES: Chairman Pringle, Agency Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None 3 [ ATTACHMENT] AMENDMENT TO THE 2005-2009 IMPLEMENTATION PLAN FOR THE ANAHEIM MERGED REDEVELOPMENT PROJECT AMENDMENT TO THE 2005.2009 IMPLEMENTATION PLAN FOR THE ANAHEIM MERGED REDEVELOPMENT PROJECT Section 33333.11(e)(7) of the CRL, as warranted by CRL Section 33333.11(h)(1), requires an amendment to the Agency's Implementation Plan that includes, but is not limited to, the Agency's housing responsibilities pursuant to CRL Section 33490. The Implementation Plan is a five-year plan that describes the Agency's near-tenn specifi~ goals and objectives of the Agency, specific projects proposed by the Agency, including a program of actions and expenditures, a description of how these projects will improve or alleviate the blighting conditions in the Merged Project Area, and show how the requirements of low and moderate income housing in the community will be met. The initial five-year Implementation Plan for all of the constituent areas that now comprise the Merged Project Area was originally adopted in 1994, for the five-year period from 1995 through 1999. In December 2000, the Agency adopted the second Implementation Plan for all of the constituent areas that now comprise the Merged Project Area for the five-year period between 2000 - 2004. In December 2004, the Agency adopted the third Implementation Plan for the then Merged Project Area for the five-year period between 2005 - 2009. The 2005-2009 Implementation Plan is supplemented by the information described in Section A. (Amended Redevelopment Component) and B. (Amended Housing Component) below. The current 2005-2009 Implementation Plan is divided into two primary sections, a Redevelopment Component and a Housing Component. The following describes the proposed revisions to the Redevelopment Component and Housing Component sections of the current 2005-2009 Implementation Plan as a result of the adoption of the proposed Amendments. A. AMENDED REDEVELOPMENT COMPONENT The goals and objectives and projects and programs outlined within the 2005-2009 Implementation Plan will remain unchanged as a result of the proposed Amendments. However, the allocation of revenues during the remaining three years of the current five-year Implementation Plan period, and the total expenditures will change as a result of the proposed Amendments with increased emphasis on affordable housing activities. With the adoption of the Amendments, 30 percent of the gross tax increment revenues will be deposited into the Housing Fund instead of 20 percent as described in the current Implementation Plan. This results in less revenue being expended on non-housing. projects, programs and activities. Therefore, the following section amends Section D. Financing of the 2005-2009 Implementation Plan to reflect a decrease in non-housing revenues and expenditures. Although there is a decrease in revenues and expenditures, the specific redevelopment projects will remain the same because Agency funds have been allocated for the projects identified within the current Implementation Plan. Less money will be available for programs during the next three years. However, Page 1 because these programs are primarily implemented in response to owner and developer requests, the affect of the decease in assistance cannot be measured. Amended Section II D. (Financing) of the Current Implementation Plan The goals and objectives and projects, programs and expenditures included in this supplemented Implementation Plan reflect the financial constraints of the Agency to implementing the Amended and Restated Redevelopment Plan over the five-year term of the current Implementation Plan. The constraints are primarily the result of obligations that the Agency is contractually required to pay as a result of prior redevelopment activities. 1. Sources of Total Revenues The Agency has the legal authority and flexibility to implement the revitalization of the Merged Project Area utilizing any or all of the following revenue sources: (1) city; (2) state; (3) federal govemment; (4) tax increment funds in accordance with provisions of the existing CRL; (5) new tax allocation bonds; (6) interest income; (7) loans from private financial institutions; (8) lease or sale of Agency-owned property; (9) donations; (10) developer ~yments, and (11) any other legally available public or private sources. In general, at the time a redevelopment plan is adopted for a project area, the taxes generated from taxable value of property in the area (often referred to as the base year value) continue to be distributed to each of the taxing entities, which levy a property tax in the project area. A portion of the property taxes that occur due to growth in taxable value above the base year value are allocated to the redevelopment agency. This amount is commonly referred to as tax increment revenues: It should be noted that the Agency had a beginning balance of $17,553,000 prior to fiscal year 2004-05. The current Merged Project Area's gross tax increment revenues are estimated at $33,837,000 for 2004-05. Based on growth estimates, it is anticipated that the gross tax increment revenues annually will remain relatively consistent over the next five years increasing to $39,130,000 in 2008-D9. This general increase can be attributed to transfer of ownership activities and the increasing market value of real estate. As required by the CRL, 20 percent of the gross tax increment must be spent on affordable housing. However, for the fiscal years 2006-07 through 2008-09, the Agency will, upon the adoption of the proposed Amendments to extend the time limit on plan effectiveness and repayment on debt/receipt of tax increment by 10 years, deposit 30 percent of the gross tax increment revenues generated within the Merged Project Area into the affordable housing fund pursuant to CRL Section 33333.10. The financial information, including without limitation, the tax increment revenue projections, for each of the project areas that comprise the Merged Project Area set forth in Appendix B, attached hereto and fully incorporated by this reference, is provided as a part of this Report to Council pursuant to the CRL and such data includes estimates and proje~ions prepared for Page 2 these proceedings by the Agency's independent, professional economic consultant, which data and the actual revenue, when allocated, is, will be, and shall remain subject to the applicable provisions of the CRL, as existing as of the date of this Report to Council and as later amended or otherwise modified by the legislature and legal precedent. Actual revenues are and will be subject to and limited by those revenues generated by, allocated to, and received by Agency pursuant thereto. Aside from tax increment revenues, the Agency anticipates revenues to be generated from other sources including sale of land, bond proceeds, lease revenue, and interest income. Other revenue sources generated by the Agency are estimated at $23,134,000 for 2004-05. In 2004-05, sale of land ($9,189,000) and bond proceeds ($7,634,000) account for 73 percent of the revenues generated by sources other than tax increment. Based upon future Agency activities, it is anticipated that revenue generated by these other sources will decrease over the next five years to $8,695,000 in 2008-09. The revenues anticipated to be generated in the Merged Project Area over the next five years are identified in the table below: Total Anticipated Revenues 2005-2009 (Fiscal Years 2004.05 through 2008-09) Gross Tax Increment Less Housing Set-Aside County Administration Fee Other Revenue Sources Total Resources $184,250,000 ($48,266,000) ($1,469,000) $67.977.000 $202,492,000 . Does not reflect existing obligations As described below, a significant portion of these monies are pledged to existing obligations and projects and programs. 2. Estimated Total Expenditures Current provisions of the CRL provide authority to the Agency to create indebtedness, issue bonds, borrow funds or obtain advances in implementing and carrying out the specific intents of a redevelopment plan. The Agency is authorized to fund the principal and interest on the indebtedness, bond issues, borrowed funds or advances from tax increment revenue and any other funds available to the Agency. To the extent that it is able to do so, the City may also supply additional assistance through City loans or grants for various public fadlities or other project costs. The redevelopment program described in this section outlines a set of activities to be implemented by the Agency for the purpose of facilitating private reinvestment in the Merged Project Area, eliminating physical and economic blighting influences, and providing for affordable housing development. For purposes of this analysis, housing set-aside Page 3 revenues and their related expenditures are not incorporated on the cash flow summary below, but instead are presented in the Housing Component. The estimated costs, expressed of potential Mure redevelopment programs over the term of the Implementation Plan are shown on the following table: Total Anticipated Expenditures 2005-2009 (Fiscal Years 2004.05 through 2008.(9) Bond Debt Service Educational Revenue Augmentation Fund Administration Pass-Through Obligations Contractual Obligations Projects and Programs Total Expenditures $69,449,000 $5,384,000 $19,626,000 $19,081,000 $7,683,000 587.725.000 $208,948,000 Bond Debt Service The Agency will continue to make principal and interest payments on the 1992 Tax Allocation Revenue Bonds and the 1997 Tax Allocation Refunding Bonds.1 The annual debt service is secured by tax increment revenues. While the Agency may elect to incur additional bonded indebtedness in the future, for purposes of this analysis no adaitional future bond issues are assumed over the next five years. Educational Revenue Auamentation Fund lERAF) ..., SB 1096 requires redevelopment agencies t~ .shift $250 million in property tax revenues to K-12 schools and community colleges during the 2004-05 and 2005-06 fiscal years. The shift of tax increment revenues will be placed intO ERAF. SB"1 096 provides that one-half of the ERAF obligation of the Agency is calcula~d based on the gross tax increment apportioned to the Agency and the other one-half of the ERAF obligation is calculated based on net tax increment revenues retained by the Agency <net of any " pass-through payments to other taxing entities), as such tax increment revenues are reported in the Community Redevelopment Agencies Annual Report of the California State Controller for FY 2002-03 for calculation of the 2004-05 ERAF payment and FY 2003-04 for calculation of the 2005-06 ERAF payment. The Agency will be required to allocate an ERAF payments to the County Auditor- Controller totaling $2,692,000 per year for 2004-05 and 2005-06. SB 1096 stipulates that ERAF will not continue after 2005-06. Therefore, for purposes of projecting future expenditures, it is assumed that commencing in FY 2006-07, ERAF payments will cease 1 The 2000 Tax Allocation Revenue Bonds. Series A and B are secured by Housing Set-Aside revenues and are therefore reflected in the feasibility cash flow as a credit against the annual Set-Aside. Page 4 to be required by the Merged Project Area in subsequent fiscal years and reflect the current legislation. Pass- Throuch Oblications The Agency entered into a series of pass-through agreements and has assumed statutory pass-through obligations with various affected taxing agencies as the six constituent project areas that comprise the Merged Project Area were adopted. The recent merger of the six constituent project areas had no affect on the nature of the respective pass-through obligations or the determination of the formula amounts that would otherwise be due to the respective taxing agencies ($19,081,000 over the next five years). Furthermore, the previously adopted merger did not trigger any additional tax sharing obligations to the affected taxing agencies. Contractual Oblications The Agency annually budgets for various existing contractual obligations unique to specific project areas as well as those of the Agency as a whole. These annual obligations include economic development agreements, cooperative agreements with the City, and other obligations related to site-specific projects. Administration The projected cost to administer the redevelopment program in the Merged Project Area over the five-year period from 2004-05 through 2008-09 is estimated at $19,626,000. Proiects. Procrams. Activities To the extent future tax increment revenues continue to be allocated to the Agency and exceed pre-existing debt service, pre-existing contractual obligations, administrative costs, pass-through obligations, and any ERAF requirements by the State, the Agency will have discretionary revenue to fund the programs and projects identified in this Implementation Plan. Over the term of the Implementation Plan, the Agency anticipates to have available $87,725,000 to fund programs and projects to eliminate blight. A summary of the cash flow of. the Agency over the term of this Plan (2004-05 to 2008-09) are shown in the table below: Total Estimated Redevelopment Program Costs 2005-2009 (Fiscal Years 2004..05 through 2008..09) Beginning Balance 2004-05 Proposed Revenues (less 20%130% housing set-aside) Proposed Total Expenditures Ending Bi\llance 2008-09 $17,553,000 $202,492,000 ($208.948.000) $11,097,000 Page 5 B. AMENDED HOUSING COMPONENT Since adoption of the Agency's first Redevelopment Plan Alpha in 1973, the Agency has caused to constructed, rehabilitated and/or covenanted 787 affordable housing units have been produced inside the Merged Project Area while 1,682 affordable units that have been added to the City's inventory outside of the Merged Project Area. The Agency currently has a 123-unit replacement housing surplus and an 891.5-unit inclusionary housing surplus. Thus, the Agency has exceeded the CRL Section 33413 affordable housing requirements. 1. Implementation Plan Requirements This Housing Component of the Implementation Plan for the Merged Project Area is the complement to the Redevelopment Component. Together, the two components constitute the implementation plan required by Artide 16.5, Section 33490 of the CRL. This Implementation Plan has been updated to . reflect the proposed SB 211 Amendment, which will be considered for adoption in late summer 2006. This Housing Component of the Implementation Plan presents those components of the Agencys intended program for the Merged Project Area that deal with the expenditure of funds and activities relating to the production of housing affordable to persons and families of low and moderate (Blow-modB) income. Low-mod income is defined in the CRL and is set annually by the California Housing and Community Development DeparbT1ent (HCD). The income levels are published annually by HCD, and are defined as follows: . Moderate income: 80 percent to 120 percent of median income for the applicable household size, (Section 50093);2 . Low income: 50 percent to 80 percent of median income for the applicable household size (Section 50079.5); . Very-low income: Less than 50 percent of median income for the applicable household size (Section 50105); and . Extremely-low income: Less than 30% of the median income for the applicable household size (Section 50106). The CRL provides that, in addition to the removal of blight, a fundamental purpose of redevelopment is to expand the community's supply of low-mod housing (Section 2 All referenced sections are found In the California Health and Safety Code. Page 6 33071). To accomplish this purpose, the CRL contains numerous provisions to guide redeveloprnent agency activities with regard to low-mod housing. These provisions divide a redevelopment agency's housing responsibilities into three major categories: 1. The production and/or replacement of low-mod housing; 2. The set-aside and expenditure of specified amounts of tax increment revenue for the express. and exclusive purpose of increasing, preserving and improving a community's supply of low-mod housing available at an affordable housing cost; and 3. Preparing reports on how the Agency has met, or on how the Agency will meet its responsibilities with regard to the first two items. This Housing Component is part of the Agency's responsibilities under the third major category. Its contents address how the Agency's plans for the Merged Project Area will achieve many of the housing responsibilities contained in the first and second major categories of Agency housing activities. Article 16.5 requires that the Housing Component of the Implementation Plan address the applicable items presented in the list below. 1. Production of Housing Based on Activities in the Merged Project Area a. At least thirty percent (30%) of all new and substantially rehabilitated dwelling units developed by an agency shall be available at affordable housing cost to persons and families of low and moderate income and shall be occupied by these persons and families (Section 33413(b)(1)); b. At least fifteen percent (15%) of all new residential units dwelling units developed within a project area under the jurisdiction of an agency by public or private entities or persons other than the Agency shall be available at affordable housing cost to persons and families of low or moderate income and shall be occupied by these persons or families (Section 33413(b)(2)); c. At least fifteen percent (15%) of all substantially rehabilitated units that have received agency assistance shall be available at affordable housing cost to persons and families of low or moderate income and shall be occupied by these persons or families (Section 33413(b )(2)(iii); and d. Suitable locations must be identified for replacement housing units rehabilitated, developed or constructed pursuant to Section 33413(a), if the destruction of removal of low-mod units will result Page 7 from a project contained in the Implementation Plan (Section 33490(a)(3)). 2. Set-Aside and Expenditure of Tax Increment for Housing Purposes a. The "Set-Aside" of twenty percent (20%) of tax increment in projects adopted on or after January 1, 19IT (Section 33334.2), and the Set-Aside of twenty percent (20%) of tax increment in projects adopted before January 1, 19IT (Section 33334.6); b. The proportional expenditure of housing funds on low and very- low income housing (Section 33334.4); and c. The transfer of housing funds to other public entities producing housing in the community (a possible outcome of the proviSions of Sections 33334.12 et seq.). Article 16.5 also requires: 1. Estimates of the balances and deposits into the Housing Fund created to hold the Set-Aside of tax increment; 2. A housing program identifying anticipated expenditures from the Housing Fund; 3.. An indication of housing activity that has occurred in the Merged Project Area; and 4. Estimates of housing units that will be produced for each of the various income categories. In addition, the Agency has adopted an amended redevelopment plan, which applies additional restrictions and requirements on the Agency in regards to affordable housing production and the use of Set-Aside funds. The$e additional restrictions and requirements, which are codified in Section 33333.10, are as follows: 1. From the first fiscal year following the amendment to the redevelopment plan (SB2.11 Amendment) adoption, if adopted, through the extended termination date for the receipt of tax increment and debt repayment: a. Thirty percent (30%) of the gross tax increment received by the Agency must be deposited into the Housing Fund (Section 33333.1 0(g)(1 ). Page 8 b. The Alpha Project Area, which was adopted prior to January 1, 1976, will become subject to the Section 33413 inclusionary housing production requirements (Section 33333.1 O(i)). 2. From the first fiscal year following the SB 211 Amendment adoption, if approved, through the current termination date for the receipt of tax increment and debt repayment (Section 33333.10(f)(2)): a. No more than 15% of the net Housing Fund is allowed to be spent on moderate income projects and programs. i. These expenditures are measured in five-year increments. ii. The moderate income units must be incorporated into . projects in which no fewer than 49% of the units are set- aside for low, very-low and or extremely low income households. b. An Agency can spend up to an additional 5% of the net Housing Funds on moderate income units if an equal number of extremely- low income units are produced during the same time period. 3. During the 1 O-year extension period Section 33333.1 0(f)(1) limits the net Housing Fund expenditures on moderate income units to the lesser of: a. An amount equal to the total amount spent on extremely-low income households over the two five-year extension periods up to 15% of the net Housing Funds. b. The number of housing units provided for the extremely-low income households during the two five-year extension period. All the information required by Article 16.5 and Section 33333.10 is provided in the following sections of this Implementation Plan. 2. Historical Affordable Housing Activities a. Inside the Merged Project Area The first Project Area (former Alpha Project Area) included in the Merged Project Area was adopted in 1973. Between 1973 and 2005, the Agency completed the following affordable housing activities within the Merged Project Area: Page 9 Year Project Number Number of Covenant Project Name Built Type of Units Affordable Units Period President's Tract 2005 Ownership 28 8 45-years Solara Court 2003 SeniorlRental 132 132 55-years Linbrook Courts 2003 Senior/Rental 80 80 55-years Califomia Renaissance 1994 Ownership 152 49 30-years Heritage Place 1992 Ownership 395 28 3D-years Totals 787 297 b. Outside the Merged Project Area In addition to the affordable housing activities within the Merged Project Area as described above, the Agency has assisted in the completion of affordable housing outside the Merged Project Area. Between 1973 and 2005, the Agency completed the following affordable housing activities outside of the Merged Project Area: Number of Year Project Number Affordable Covenant Project Name Built Type . of Units Units Period Habitat for Humanity . 2D05 Ownership 4 4 45-years Jeffrey Lynne-Phase II 2004 Rental 112 112 55-years Tyrol Plaza 2004 SeniorlRental 59 59 55-years Casa Alegre 2003 Rental 22 22 55-years Califomia Villas 2003 Rental 34 34 55-years The Fountains 2001 SeniorlRental 259 259 3D-years Cobblestone 2000 Rental 64 64 55-years Seawinds 2000 Rental 91 91 55-years Jeffrey Lynne-Phase I 2000 Rental 309 309 55-years Park Vista 2000 Rental 392 392 55-years Cypress Infill 1998 Ownership 47 47 3D-years South of Romneya 1998 Rental 176 176 55-years Manzanita Walk 1998 Ownership 48 48 3D-years Totals 1,617 1,617 3. Applicable Low and Moderate Income Housing Requirements a. Replacement Housing Obligation The Agency is required to meet replacement-housing obligations pursuant to Section 33413(a). This Section requires the Agency to replace, on a one-for-one basis, all dwelling units removed from the inventory as a result of Agency actions that are occupied by low-mod income households. In addition to matching the income levels of Page 10 the removed units, the Agency must also replace an equal or greater number of bedrooms. The homes that are removed from the inventory may be replaced with fewer units as long as an equal or greater number of bedrooms are provided in the replacement units. Replacement housing units do not have to match tenure (i.e., rental vs. owner.ship, family vs. senior housing) as the units removed from inventory. Also, replacement units can be developed anywhere within the City limits. Article 16.5 requires that if an implementation plan contains projects that could result in the removal of low-mod housing units, the plan must identify locations suitable for the replacement of such housing. b. Past Removal of Low and Moderate Income Units According to Agency staff, and detailed in Table H-1, the following summarizes the low and moderate income housing units have been removed from the Merged Project Area's housing stock since the first constituent Project Area of the Merged Project Area was adopted in 1973: . Project Name President's Tract Lazy Living Mobile Home Park Totals . Year Removed 2001 2003 Units Removed 5 16 21 c. Future Removal of Low and Moderate Income Units This Implementation Plan does not include projects or programs that would result in the removal of housing units from the low-mod income housing stock. Therefore, there is no requirement to identify locations for replacement housing units. Page 11 TABLE H-1 HISTORICAL REPLACEMENT HOUSING OBLIGATION ANAL VSIS 1 IMPLEMENTATION PLAN - ANAHEIM MERGED PROJECT AREA ANAHEIM, CALIFORNIA Units Removed from Inventory One-bedroom Units Two-bedroom Units Three-bedroom Units Vear Total Very- Very- Very- I. Project Name Removed Units Low Low Moderate Low Low Moderate Low Low Moderate Lazy Living Mobile Home Park 2 2001 16 2 0 1 7 6 0 0 0 0 President's Tract 3 2003 5 0 0 0 0 0 0 4 0 1 ITotal Replacement Housing Obligation 21 2 0 1 7 8 0 4 0 11 Bedrooms Removed from Inventory One-bedrooms Two-bedrooms Three-bedrooms Vear Total Very- Very- Very- II. Project Name Removed Bdrms Low Low Moderate Low Low Moderate Low Low Moderate Lazy Living Mobile Home Park 2 2001 29 2 0 1 14 12 0 0 0 0 President's Tract 3 2003 15 0 0 0 0 0 0 12 0 3 ITotal Replacement Housing Obligation 44 2 0 1 14 12 0 12 0 31 1 Data provided by the Anaheim Redevelopment Agency for the following project areas: Alpha, River Valley, Plaza, Commercial/Industrial, West Anaheim, and Anaheim Stadium. 2 The Lazy Living Mobil Home Park redevelopment efforts removed a total of 28 units, of which 12 units were Inhabltated by households earning over 120% of the median income. The Park was located In the West Anaheim project area. I The President's Tract redevelopment efforts removed a total of 13 units, of which eight units were inhabitated by households earning over 120% of the median Income. These units were located in the West Anaheim project area. PriDnarGl"l h". 1t'1M...r .A.ram" a..a",I'I... In,.. d. Replacement Housing Obligation The Agency's replacement housing obligation must be calculated based on the number of bedrooms included in the units that are removed from the inventory. The outstanding obligation is detailed in Table H-1, and is summarized in the following table: Very Low Low Moderate Income Income Income Total Unit Type Units Bdrms Units Bdrms Units Bdrms Units Bdrms One-bdrm 2 2 0 0 1 1 3 3 Two-bdrms 7 14 6 12 0 0 13 26 Three-bdrms 4 12 0 0 1 . 3 5 15 Totals 13 28 6 12 2 4 21 44 e. Replacement Housing Fulfillment As shown in Table H-2, to fulfill the existing replacement housing obligation, the Agency has replaced the Lazy Living Mobile Home Park (16 units) with the Solara Court Senior Project (132 units) and has replace the President's Tract (5 units) with eight (8) new units in 2004. The Agency also placed 45-year affordability covenants on the eight units at the President's Tract and already has 55-year affordability covenants on the units located at the Solara Court Senior Project. In addition, to fulfill the very-low income three-bedroom unit obligations, four three- bedroom units of the 112 total units in the Jeffrey Lynne Phase II project are identified as replacement housing fulfillment units. The detailed breakdown is provided in Table H-2, and the results can be summarized as follows: Very Low Low Moderate Income Income Income Total Unit Type Units Bdrms Units Bdrms Units Bdrms Units Bdrms One-bdrm 54 54 54 54 0 0 108 108 Two-bdrms 12 24 12 24 0 0 24 48 Three-bdrms 4 12 0 0 8 24 12 36 Totals 70 90 66 78 8 24 144 192 Page 13 TABLE H-2 1 Data provided by the Anaheim Redevelopment Agency. 2 This project was developed on the lazy living Mobile Home Park site. 3 This project will include a total of 28 three-bedroom units. 4 Only four units of the 112 unit project is being used to meet the replacement housing obligation. PrAna...'" h". It."aar ..Orc!Mn .6aal\l"'lata. In,. The following summarizes the replacement housing surplus/(deficit) calculated on the basis of number of bedrooms for the life of the Merged Project Area, which is detailed in Table H-3: Very-Low Low Moderate Income Income Income Total Units Bdrms Units Bdrms Units Bdrms Units Bdrms Fulfillment 70 90 66 78 8 24 144 192 Obligation (13) (28) (6) (12) (2) (4) (21) (44) Surplus I (Deficit) 57 62 60 66 6 20 123 148 As can be seen in the preceding table, the Agency has provided a replacement housing surplus of 123 units and 148 bedrooms. As a result, the Agency has fulfilled the 21-unit, 44-bedroom replacement housing obligation. f. Inclusionary Housing Obligation The Agency is required to comply with the affordable housing unit production requirements imposed by Section 33413(b): 1. Subparagraph (1) of the Section requires that 30 percent of all housing units developed by the Agency be to low-mod housing subject to long-term income and affordability covenants.3 Of these low-mod units, 50 percent must be affordable to persons and families of very-low income. 2. Subparagraph (2) of Section 33413(b) requires that 15 percent of all housing developed in the Merged Project Area be low-mod housing subject to long-term income and affordability covenants. Of these low-mod units, 40 percent must be affordable to persons and families of very-low income. 3. Section 33333.10(i) requires that as of July 1, 2005, 15% of all housing units developed in the Alpha Project Area be subject to low and moderate income housing income and affordability covenants. Of these low-mod units, at least 40% must be affordable to persons and families of very-low income. To determine the number of units that must be developed in order to comply with this requirement, and to identify how much of this requirement will be satisfied by the activities included in this Implementation Plan, a brief review of past and anticipated housing development activity in the Merged Project Area is presented below. 3 The definition of Agency developed units are those units produced entirely by the Agency. Page 15 TABLE H-3 REPLACEMENT HOUSING SURPLUS I (DEFICIT) IMPLEMENTATION PLAN - ANAHEIM MERGED PROJECT AREA ANAHEIM, CAUFORNIA Units Added to Inventory One-bedroom Units Two-bedroom Units Three-bedroom Units Total Very- Very- Very- I. Project Name Units Low Low Moderate Low Low Moderate Low Low Moderate Fulfillment 1 144 54 54 12 12 4 8 (Less) Obligation 2 (21) (2) (1) (7) (6) (4) (1 ) IReplacement Housing Surplus' (Deficit) 123 52 54 (1) 5 8 71 Bedrooms Added to Inventory One-bedroom Units Two-bedroom Units Thrae-bedroom Units Total Very- Very- Very- II. Project Name Units Low Low Moderate Low Low Moderate Low Low Moderate Fulfillment 1 192 54 54 24 24 12 24 (Less) Obligation 2 (44) (2) (1) (14) (12) (12) (3) 1 Replacement Housing Surplus' (Deficit) 148 52 54 (1) 10 12 211 1 Se. TABLE H-2. 2 See TABLE H-1. Pronarar4 m,,- It'a\IIIDr '.arRtnn .6...n""... Inl' a. Past Development of Housing in the Merged Project Area (1983 - 2005) An estimated 1,704 housing units have been substantially rehabilitated or developed within the Merged Project Area since the first Project Area was adopted in 1973. Of this total, 1,004 units were either developed or substantially rehabilitated within the constituent project area of the Merged Project Area referred to as the Project, which was not previously subject to the inclusionary unit requirements described above. Therefore, as detailed in Table H-4, the remaining balance of 700 units developed .or substantially rehabilitated within the Merged Project Area are subject to the inclusionary requirements outlined above. None of the 700 units were developed by the Agency. b. Current and Future Housing Construction Activity in Project Area As shown in Table H-5, approximately 1,464 units are in the process of being developed within the Merged Project Area, which will be subject to the inclusionary requirement. 4 Also, there are 114 additional units that are expected to be developed in the Merged Project Area over the next ten (10) years. Therefore, during the Implementation Plan period, a total of 1,578 units are estimated to be added to the Merged Project Area. It is anticipated that the Merged Project Area will be built out once 1,910 units are developed. It is expected that the remaining 342 units to build-out will be constructed between 2015 and 2029. The total 1,910 projected units to be developed between 2006 and 2029 will all be subject to the inclusionary housing requirements. c. Inclusionary Housing Obligation As shown in Table H-6, the Section 33413(b) inclusionary housing requirements triggered by the historical and projected development in the Merged Project Area from 1983 through the life of the Merged Project Area, or 2029, are as follows: Very-Low Low/Moderate Income Units Income Units Total Units Current Obligation (1983 - 2005) 0 0 0 Implementation Plan (2006 - 2014) 43 61 104 Life of Plan (2015 - 2029) 115 172 287 Totals 158 233 391 Therefore, the inclusionary housing obligation during the Implementation Plan period totals 104 affordable units. The estimated maximum inclusionary housing obligation for the Merged Project Area is estimated at 391 units. 4 This includes 317 units that are expected to be completed in the Alpha Project Area after July 1,2006. Page 17 TABLE H-4 HISTORICAL RESIDENTIAL DEVELOPMENT WITHIN THE MERGED PROJECT AREA (1983 .2005)' IMPLEMENTATION PLAN. ANAHEIM MERGED PROJECT AREA ANAHEIM, CAUFORNIA Product Construction UnIts BuIlt In I. Project Type Type Project Area Project Aiu L1nhaven (Uncoln & Unhaven) Ownership New West Anaheim 60 Peppertree Walk (Uncoln & Muller) Ownership New West Anaheim 68 Greystone Camross (Orange & Holiday) Ownership New West Anaheim 71 Lyon Harvest ( Ball & Knott) Ownership New West Anaheim 40 Kaufman & Broad (Brookhurst & Lincoln) Ownership New West Anaheim 57. LemonIWater Street Ownership Rehab Commllnd 7 Shorb Wells Site (Weir Canyon/LaPalma) Ownership New River Valley 88 Mercy Llnbrook (2240 W. Uncoln) Senlor/Rental New West Anaheim 81 Lauran Way Ownership New West Anaheim 7 Western Pacific ROP Site (La Palma & Gilbert) Ownership New West Anaheim 61 Solara Court (3335 W. Lincoln Avenue) Senior/Rental New West Anaheim 132 Presldenfs Tract (Canteda Lane) Ownership New West Anaheim 28 ITotal HousIng Production Unite 700 Agency Owned Other II. CompleUon Year Units Units 1983 - 1997 1998 128 1999 2000 168 2001 2002 95 2003 81 2004 200 2005 28 ITotal UnIts 700 Completion Year 1998 1998 2000 2000 2000 2002 2002 2003 2004 2004 2004 2005 Total UnIts 128 168 95 81 200 28 700 I Data provided by the Agency. The fonner Alpha Project Area does not have an Incluslonary requirement because It was adopted prior to January 1, 1976. Therefore, the 889 unIts constructed In the Alpha Project Area since the plan was adopted are not Included In this analysis. E:JranarAt'l ht.,. W"."...r "araln" .6aanr-latOQ Inl' TABLE H.5 PROJECTED RESIDENTIAL DEVELOPMENT WITHIN THE MERGED PROJECT AREA (2008 . BUILD.QUT)' IMPLEMENTATION PLAN. ANAHEIM MERGED PROJECT AREA ANAHEIM, CAUFORNIA Product Construction Units BuIlt In CompletIon I. Project Type Type Project Area Project Area Year Brookfield Cantada Square (2340 W. Lincoln) Ownership New West Anaheim 82 2006 laing The Boulevard (501 S. Anaheim Blvd.) Ownership New Commllnd 56 2006 CIM Apartments (Net of 95 unlls completed In FY 2005106) Rental New Alpha 182 2007 CIM Condominiums Ownership New Alpha 135 2007 736 S. Beach Blvd. Ownership New West Anaheim 7 2007 laing Kwlkset Site (Sante Ana & Olive) Ownership New Commllnd 129 2007 Lewis Kwlkset Site (Santa Ana & Olive) Rental New Commllnd 200 2007 Hampton Polnte II Rental New Commllnd 50 2007 Mercy Vine Street RentBl New Comm/lnd 59 2008 Matrix Site Rental New Commllnd 60 2008 Beach Boulevard (Sliver Moon) Rental New West Anaheim 80 2008 Cherry Orchard (Lincoln Inn> Rental Rehab West Anahalm 76 2009 Olive Street Ownership New Commllnd 338 2009 Unldentilled In"" Projects 2 NA NA NA 114 2010 - 2014 UnldenUfled In"" Projects 2 NA NA NA 342 2015 - 202~ ITotal HousIng Production UnIts 1,910 Agency Owned Other Totsl II. Completion V..r UnIts UnIts Units 2006 138 138 2007 703 703 2008 199 199 2009 414 414 2010 - 2014 114 114 2015 - 2029 342 342 ITotal Units 1,910 1,910 I Data provided by the Agency. The former Alpha ProJect Area does not have an Inclusionary requirement because It was adopted prior to January 1, 1976. Howaver, as of July 1, 2006, the SB 211 amendment Imposes the Incluslonary requirement to the Alpha Project Area. I Data provided by the Agency. As of 2006. the units remaining to be constructed in the Merged Project Area (Including the Alpha Project Area) over the life of the redevelopment plan totals 1,910 units. The Agency has IdenU"ed 1,454 units that are under construction, planned or proposed during the life of the Plan. The remaining 456 units are assumed to be built at approximately a 23 units per year pace from 2010 through 2029. Dranal"llllrf h". W"II\IItDr ".aretnn 6QQnNatoct In,.. TABLE 1:1-8 INCLUSIONARY HOUSING OBLIGATION' IMPL~MENTATlON PLAN - ANAHEIM MERGED PROJECT AREA ANAHEIM, CALIFORNIA I. Year 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 - 2029 II. Totals 1984 - 2004 2005 - 2014 2015 - 2029 . Grand Totals Agency Owned Units I Total Obligation Other Units :I Totals Very-Low Income Obligation Agency Owned Other Units I Units :I Totals Low/Mod Income Obligation Agency Owned Other Units I Units :I Totals 20 20 8 8 12 12 26 26 11 11 15 15 15 15 6 6 9 9 13 13 6 6 7 7 30 30 12 12 18 18 287 287 115 115 172 172 104 287 104 267 43 115 43 115 61 172 61 172 381 381 158 158 233 233 1 Thelnclusionary housing obligation is calculated on a roiling 1o-year period basis. 2 See Table H-4: At least 30% of the units must be restricted as affordable units with at least 50% of the units resbicted to very-low Income units, and the balance restricted to low and moderate Income units. :I See Table H-4: At least 15% of the units must be resbicted as affordable units with at least 40% of the units resbicted to very-low Income units, and the balance restricted to low and moderate Income units. Prona""" h". 1t'A\lCtar "Dram" .6aan,.)atcaR In,. d. Inclusionary Housing Production As detailed in Table H-7, as of 2005 five projects were developed within the Merged Project Area for a total of 317 inclusionary production units. In addition, 1,682 affordable units were constru~d in 14 projects located outside of the Merged Project Area. However, for housing units restricted for very low, low and moderate income households located outside of the Merged Project Area, two (2) units must be provided for every one (1) unit of inclusionary unit credit. Therefore, only 776.5 of the units can be counted towards fulfilling the inclusionary housing obligation. The following summarizes the total countable inclusionary fulfillment units through 2005: Very-Low Low Moderate Income Income Income Totals Inside Project Area 161.0 51.0 85.0 297.0 Outside Project Area 466.0 213.5 97.0 776.5 Total Countable Units 627.0 264.5 182.0 1,073.5 Therefore, as of 2005, the Agency has produced 1,073.5 inclusionary fulfillment units. Table H-7 also estimates the current and life of plan inclusionary housing surplus, which is summarized as follows: Low I Very-Low Moderate Income Income Total Units Units Units 1983 - 2005 Inclusionary Housing Obligation 0 0 0 2006 - 2014 Inclusionary Housing Obligation (43) (61) (104) 2015 - 2029 Inclusionary Housing Obligation (115) (172) (287) Total Obligation 1983 - Life of Plan (158) (233) (391 ) 1983 - 2005 Inclusionary Production Units 627.0 446.5 1,073.5 2006 - 2014 Inclusionary Production Units 445.0 273.5 718.5 Totallnclusionary Housing Surplus 914.0 487.0 1,401.0 In summary, while as to the Project Alpha part of the Merged Project Area, the Agency does not currently have an inclusionary housing obligation, the inclusionary housing units produced between 1983 through 2005, will meet the future inclusionary housing obligations. In fact, at build-out of the Merged Project Area, the Agency is expected to have a 1,401 inclusionary housing surplus. Thus, the Agency is anticipated to exceed the low-mod housing production requirements imposed by Section 33413(b). Page 21 TABLE 11-7 INCLU8IONARY HOU8NI FUU'lLUlENT ANALY8B' IIPLEMENTATION PLAN -ANAHEIIIMERGED PROJECT AREA ANAHEIM, CALIFORNIA TlDI V~ Law IIadernt Praject c-nana ToIIIl Un'" Coumb. ~ 1_. I- I. Fulll.... Pili'" v_ TyplI T_ PnId_d Un" I UnIta U..... Un'" I..... PnIJIIc:t Arw. HlIr11Bge 1'1.-1 1992 OwnenIhlp 3OY... 385.0 28.0 0.0 0.0 28.0 ClII1CanU ~1lll81 111114 0wnenIh1p 3OY... 152.0 49.0 0.0 0.0 49.0 Lklbnlok Caurl8 2003 SenarlRenl8l 55Y_ 80.0 80.0 80.0 ~.O 0.0 811111111 CalI't 2003 SenIcIIIRenI8l 55 Y.... 132.0 132.0 101.0 31.0 0.0 PnIIIdIInt'I TI8Cl - eem.IBl..8l11 2005 OwnenhIp 45Y_ 28.0 8.0 0.0 0.0 8.0 LaIng n. BoIAv8nI 2008 OwMnhlp 45 Y... 5&.0 38.0 0.0 8.0 28.0 lllaaldleld CIIn18da Sql88 2008 OwIIInIhlp 45Y... 82.0 41.0 1.0 18.0 24.0 \IN S1IwI- Men:y 2008 RenlBI 55Y... 59.0 80.0 59.0 0.0 1.0 I..8lng KwIIaIeI SIIII 2007 OwIIInIhip 45Y... 129.0 43.0 0.0 0.0 43.0 I..8wIII Kwlklel SIIII 2007 R8nIIII 55 Y... 200.0 50.0 50.0 0.0 0.0 HlImp1Dn I'I*IaIt II 2007 Renl81 55Y.... 50.0 50.0 25.0 25.0 0.0 MIIIIlx 811e 2008 RIInlBI 55 Y.... 80.0 80.0 80.0 0.0 0.0 &.ah BouIIIv8Id (811.. Moan) 2008 R8nl81 55 Y... 80.0 80.0 50.0 30.0 0.0 Cherry 0rc:IBII (LlncaIn 1m) 2009 R8nl81 55Y_ 78.0 78.0 78.0 0.0 0.0 Ollie S1I88l 2009 0wnInh1p 45Y_ 360.0 70.0 0.0 0.0 70.0 OlD.. PIlI_ Arw. eyp... InII 1998 OwnenIhIp 3OY... 47.0 23.5 0.0 8.0 17.5 MlIllZIInIIa WIIIk 1998 OwnenIhIp 3OY... 48.D 24.0 1.0 8.5 18.5 8DlMl of RDmrIlIye 1998 Rental &6Y_ 178.0 88.0 87.0 0.0 1.0 CobbIIItone - 870 Baach Blvd. 2000 Rantal 65Y_ 84.0 32.0 8.5 0.0 25.5 8aaMldI- 1924 GIIn 0ak8 2000 Rantal 55Y.... 91.0 45.5 9.0 0.0 38.5 .JalIiwy Lynn - PI8e I 2000 RenI8I 55Y.... 309.0 154.5 148.5 8.0 0.0 PaIk VIlla 2000 RanlaI 66 Y... 392.0 198.0 58.0 137.0 0.0 n.1'cllmRI 2001 SanIal1RanlaI 30 Y... 258.0 85.0 28.0 39.0 0.0 ClIaa AIIgnt (Mercy A1DSIHIV HouIIng) 2003 SNIRImlaI 55Y... 22.0 11.0 11.0 0.0 0.0 ClII1fam1a VIII. 811rllng Court 2003 Be. ,llllIIRelllal 55Y... 34.0 17.0 17.0 0.0 0.0 TyraI PIIzII 2004 SanIoI1Rantal &6Y... 59.0 29.5 19.5 10.0 0.0 W8IIdIaIIar 2004 Rantal 55Y... 85.D 32.5 32.5 0.0 0.0 JIlhy Lynn - PI8e II 2004 Rantal 55 Y... 112.0 5&.0 50.0 8.0 0.0 HlIb11al far HlDI8I1Ily 2005 OwnenhIp 45 Y... 4.0 2.0 1.0 1.0 0.0 Harmoaa Waga III 2007 R8nl81 55 Y... 72.0 38.0 28.0 10.0 0.0 GIInaab 2008 R8nl81 65 Y.... 80.0 30.0 30.0 0.0 0.0 era-nt 2008 R8nl81 55 Y... 80.0 30.0 30.0 0.0 0.0 DIamond 2008 RenI8I 55 Y... 38.D 19.0 18.0 0.0 0.0 CHOC 8118 2008 RenlBI 66 Y.... 75.0 37.5 18.0 18.5 0.0 ITatalllllll1l8lanaly lIoualllll Fulll...... 3,lI1U 1,7I2.D 1,072.0 372.0 348.0 TlDI V~ I..oIdIad Caunlallla I- I- D. eu,..nt _.IaID..." .......... .u......., m.IIcIft UnIta UnIla UnIta ToI8Ilnc:UIanary HlIUIing FIMI1IBIl1 881.5 827.0 284.5 ~) Indllllonlry Hauling 0bI1I8lIan4 0.0 0.0 0.0 Ulllllualanlry Houalntl8urp1ua IlDaftclt) 881.5 127.0 284.51 TlDI V~ lDIIfIIad Cauntabla 1_. In_. I'. tD V... .l1li LIllI at PIIIn .....ID...rv Ma..11Ia ..... , la.fIaIft Un'" UnIla Unlla TlIIallndlllllllll8ry Haulllng FlMllmanll 1,782.0 1,C172.o ~.O (......)Indullanary HcIUIIIng Oblllllllon (391.0) (158.0) (233.0) IlnaIuaIDnIry HaullntlBul1llual (DdcII) 1,401.0 114.G 487.0 I , B-' an InbmalIDn pIUVidlId by lha Agenl:y. Unlle CllIIIlnIctId oulIIida of the PraiacllWa e.. ClllIIlIIId lIIIe 1 for 2 baIIiB. T1IaIa prlljIc:lI..1aaIlad In lha Alpha PnIjaclIWa. 4 n.1r1cIuIIclIwy hcIUIing obligation ill c:aIcuIIBI an e ~ 1ll-ya1r pariad. Tha ftnIl dlMllopmant In Iha Margad PRIjIclIWa that blggan 8Illndullonary hauling ablJlIIIlian oaU'I'8lI in 1888. ThanIfonI. lha Ii..l obIigllllan lito ba met by 2008. 4. Applicable Deposit and Expenditure Provisions a. Set-Aside of Tax Increment The Merged Project Area is subject to the Section 33334.2 requirement to allocate 20 percent of the gross tax increment (Set-Aside) to affordable housing activities. However, if the Amendments are adopted then as of July 1, 2006 this requirement will increase to 30% of gross tax increment in accordance with the SB 211 Amendment. The Set-Aside is required to be deposited into a Housing Fund created to hold the monies until expended. The projections of deposits into the Housing Fund are discussed in the following section of the lniplementation Plan. b. Proportional Expenditures of Housing Fund Monies The Merged Project Area is subject to the Section 33334.4 requirement that the Agency expend Housing Fund monies in accordance with an income proportionality test and an age restriction proportionality test. These proportionality tests must be met between January 1, 2002 and December 31,2014, and then again at 10-year intervals throughout the remaining life of the Merged Project Area. These tests do not have to be met on an annual basis. The Merged Project Area is also subject to the further restriction of the use of Housing Fund monies on moderate income units, as of July 1, 2005. As such, no more than 15% of the net Housing Fund is allowed to be spent on moderate income projects or programs. c. Very-Low and Low Income Housing Expenditures The income proportionality test requires that the Agency expend Set-Aside funds in proportion to the housing needs that have been determined for the community pursuant to Section 65584 of the Government Code. The proportionality test used in this Implementation Plan is based on information contained within the City's General Plan. Based on the City's General Plan, the City's minimum required allocation for very-low and low income expenditures, and maximum moderate income housing expenditures are: Category Very-Low Income: Low Income: Moderate Income:. Threshold At least 39% At least 23% No more than 38% Page 23 It should be noted that the Agency is entitled to expend a disproportionate amount of the funds for very-low income households, and to subtract a commensurate amount from the low and/or moderate income thresholds. Similar1y, the Agency can provide a disproportionate amount of funding for low income housing by reducing the amount of funds allocated to moderate income households. In no event can the expenditures targeted to moderate income households exceed the established threshold amount. Due to the SB 211 limitation on expenditures in moderate income projects or programs, if the Amendments are adopted the proportionalities change to the following as of July 1, 2006: Category Very-Low Income: Low Income: Moderate Income: Threshold At least 53% At least 32% No more than 15% In addition, if the Amendments are adopted the Alpha Project Area begins the 10-year extension allowed by the SB 211 Amendment in fiscal year 2011/12. As such, the $31,233,000 in Set-Aside derived from the Alpha Project Area from July 1, 2011 to December 31, 2014 must meet the following proportionality requirements: Category Extremely-Low Income: Very-Low Income: Low Income: Moderate Income: Threshold At least 15% At least 48% At least 32% No more than 15% As shown in Table H-8, a total $191,023,000 of net Set-Aside funds is estimated to be deposited into the Housing Fund between January 1, 2002 and December 31,2014.5 These funds must comply with the following distribution formulas, which are a weighted average of the various requirements from January 1, 2002 and December 31, 2014: Maximum Estimated Expenditure on Moderate Income Units @ 24% Minimum Estimated Expenditure on Low Income Units @ 29% Minimum Estimated Expenditure on Very-Low Income Units @ 45% Minimum Estimated Expenditure on Extremely-Low Income Units @ 2% $45,280,000 $54,934,000 $86,125,000 $4,685,000 5 These funds are net of administration costs and debt service, and include other housing revenues (land sales, residual receipts revenues, loan repayments, bond proceeds and fund balances from prior to January 1. 2002). Page 24 TABLE H-8 FUTURE HOUSING SET-ASIDE FUND EXPENDrrURES PROJECTION (FY 2001102 - FY 2013/14) IMPLEMENTATION PLAN - ANAHEIM MERGED PROJECT AREA ANAHEIM, CALIFORNIA Housing Other H8g (LeIs) (Leu) Net Housing I. Proportionality Compliance Period ' Set-AsIde 1I RlMtnu_ I Admin. Costs Debt ServIce Set-AsIde 1/112002 - 6I30I2002" $2,715,000 $7,286,000 B ($226,000) ($1,256,000) $8,519,000 FY 2002/03 D 5,497,000 11,684,000 B (1,057,000) (2,525,000) 13,599,000 FY2oo3lO4D 6,266,000 15,158,000 (1,430,000) (2,400,000) 17,594,000 FY 20041'05 D 6,560,000 10,799,000 B (1,425,000) (2,399,000) 13,535,000 FY 2005106 7,106,000 12,766,000 (1,448,000) (2,393,000) 16,031,000 FY 2006107 11,005,000 22,980,000 (1,389,000) (2,387,000) 30,209,000 FY 2007108 11,506,000 18,900,000 (1,454,000) (2,398,000) 26,554,000 FY 2008109 11,739,000 7,900,000 (1,515,000) (2,387,000) 15,737,000 FY 2009110 11,976,000 2,400,000 (1,560,000) (4,316,000) 8,500,000 FY 2010111 12,218,000 2,400,000 (1,607,000) (4,310,000) 8,701,000 FY 2011/12 12,464,000 2,400,000 (1,655,000) (4,317,000) 8,892,000 FY 2012/13 12,716,000 2,400,000 (1,705,000) (4,315,000) 9,096,000 FY 2013/14 12,973,000 2,400,000 (1,756,000) (4,315,000) 9,302,000 7/112014 - 12/3112014 ' 6,617,000 1,200,000 (905,000) (2,158,000) 4,754,000 Totals $131,358,000 $120,873,000 ($19,132,000) ($41,878,000) $191,023,000 Pre-SB 211 Adoption (1/112002 - 6/30/2006) $69,278,000 Post SB 211 Adoption (7/112006 - 12/31/14) $121,745,000 Alpha TI (7/112011 -12/31/14) $31,232,734 II. Mulmum Expendltul8S on Age RestrIcted Projects · 17.0% of NetTI $32,474,000 III. Income Taraetlna Exaendltul8S A. Pre-8B 211 AdoDllon 11/1/2002 . 8130120081- MaxImum Expenditures on Moderate Income Households 39% of Net Tax Increment $27,018,000 Minimum Expenditures on Low Income Households 23% of Net Tax Increment $15,934,000 Minimum Expenditures on Very-Low Income Households 38% of Net Tax Increment $28,328,000 Minimum Expenditures on Extremely-Low Income Households 0% of Net Tax Increment $0 B. Post SB 211 Adoatlon 1711/2008 -12131114) 'u MaxImum expenditures on Moderate Income Households 15% of Net Tax Increment $18,282,000 Minimum expenditures on Low Income Households 32% of Net Tax Increment $311,000,000 Minimum expenditures on Very-Low Income Households 49% of Net Tax Increment $59,7911,000 Minimum Expenditures on Extremely-Low Income Households 4% of Net Tax Increment $4,685.000 Exb'emely- Age IV. Expendtture Projections Law Very-Low Low MocIer8t8 RestrIcted Actual Expenditures (112002 - FY 2004105) $0 $14,047,000 $10,076,000 $20,387,000 $1,318,000 Projected Expenditures (FY 2005/06 -12/3112014) 4,685,000 72,078,000 44,658,000 24,893,000 31,156,000 Total Expendttu18S $4,685.000 $88,125,000 $54,934,000 $45,280,_ $32,474,000 Of Total Expendltul8S 2% 45% 29% 24% 17% Based on Agency estimates. Includes funds and expenditures from January 1, 2001 through the remaining yea15 of the am8nt Implementation Plan plus two 5 year Implementation Plan terms. 2 Based on KMA's financial analysis dated November 30, 2005. I Includes land sales, residual receipts I'8V8nue, loan repayments, bond proceeds and unused fund balance. · Estimated by calculetlng 50% of the FY 2001102 actuals. B Based on actuals. B Includes unused fund balances of $4,049,000 In Year 1, $3,843,000 In Year 2, and $0 In Year 4. 7 Estimated by calculating 50% of the FY 2014/15 budget estimates. B Per the 2000 United States Census and reflects the 2005 change to the calculation definition. · Per the Regional Housing Needs Assessment estimates provided in the City's cunent Housing Elemenl 'D Due to Alpha's 1O-year extension occurlng in FY 2010/11, the 15% moderate Income maximum for the Alpha Set-AsIde funds total $31.2 million for FY 2011/12 - 12/31/14. Assumes thet the Agency will spend $4,685,000 in moderete income projects/progrems and thel'8fore the same amount must be matched in extremely-low Income projeclslprogrems. KMA essumed that the axteremely-low income match would be reallocated from the very-low income requirement. Prepared by: Keyser Marston Associates, Inc. Filename: Anaheim Implementation Plan 128 05; H-8; jlr; 121912005 As of the end of fiscal year 2004/05, the Agency has spent the following Set-Aside funds by category: Extremely-Low Income Households Very-Low Income Households Low Income Households Moderate Income Households Total Expenditures Actual Expenditures $0 14,047,000 10,076,000 20,387,000 $44,510,000 Asa%of Requirements 0% 16% 18% 45% 30% The Agency plans to expend the remaining estimated Set-Aside funds so that at the end of 2014 it has met its obligation to allocate 45 percent of the Housing Fund project and program expenditures to very-low income households, 4 percent of the funds to extremely-low income households, 29 percent of the funds to low income households and 24 percent of the funds to moderate income households. Thus, the Agency anticipates meeting the income targeting standards imposed by Section 33334.4. d. Age Restricted Housing Expenditures Section 33334.4 (as amended and effective January 1, 2006) also requires that the Agency assist housing that is available to all persons, regardless of age, in at least the same proportion as the population earning below 80% of the median income and under age 65 bears to the City's total population eaming below 80% of the median income as reported in the most recent census of the United States Census Bureau. The 2000 Census indicates that 83 percent of the City's population is under 65 years of age and earns less than 80% of the median income. As such, at least 83 percent of the Agency expenditures on affordable housing projects must be spent to assist projects that do not impose age restrictions on the residents. As also shoWn in Table H-8, this Implementation Plan anticipates allocating approximately seventeen percent (17%) ofthe estimated $191,023,000 in the Housing Fund monies to age-restricted projects, which totals $32,474,000. To date, the Agency has spent $1,318,000 on age-restricted units which is 3% of the maximum allowed. Thus, it is anticipated that the Agency will fulfill the age restricted housing expenditures test imposed by Section 33334.4. e. Excess Surplus Calculation The Project Area is subject to the "excess surplus" requirements imposed by Section 33334.12. Excess surplus is defined as any unexpended and unencumbered amount in a Project Area's Housing Fund that exceeds the greater of one million dollars Page 26 ($1,000,000) or the aggregate amount deposited into the Housing Fund during the project's preceding four fiscal years. Based on the Section 33334.12 requirements, the Agency has three years to encumber any excess surplus funds. As illustrated in Table H-9, the Housing Fund had an $8.11 mil~on beginning balance, and according to the projected revenues and expenditures during fiscal year 2004-05, the ending balance was 14.62 million. The aggregate arnount deposited into the Housing Fund from fiscal year 2001/02 to fiscal year 2004/05 totals $23,752,000. Therefore, the Merged Project Area does not have an excess surplus within the Housing Fund in Fiscal Year 2004/05, nor is one expected during the 10-year Implementation Plan period. The expenditure plan outlined in the following section is designed to avoid the risk of excess surplus during this Implementation Plan period. 5. Housing Goals and Objectives of the Implementation Plan The primary goal of the Agency is to comply with the affordable housing requirements imposed by the CRL in a responsible manner. The affordable housing activities identified in this proposed Implementation Plan will be undertaken over the duration of the Redevelopment Plan for the Merged Project Area, and will explicitly assist in accomplishing the intent of the CRL in regards to the provision of low-mod housing. The CRL establishes that certain housing requirements be attained during five and 10- year increments; and over the remaining Merged Project Area life. Specifically, the inclusionary housing production requirement must be met every 10 years, and over the life of the Merged Project Area life. Comparatively, the proportionality tests must be achieved between January 1, 2002 and December 31, 2014, and then again in 10-year increments throughout the Merged Project Area life. SB 211 requires that the 15% limitation on moderate income expenditures be met every five years after the sa 211 Amendment is adopted. It is the Agency's goal and objective for this Implementation Plan to accomplish sufficient activity and expenditures to comply with the applicable requirements. a. Housing Fund Resources and the Housing Program This section of the Housing Component will discuss housing activities planned for the Five-Year Implementation Plan period. Table H-10 estimates the Housing Fund deposits and expenditures anticipated to occur during each year of the five-year period. These expenditures are then tied to estimates of the number of new, rehabilitated, and price restricted units to be assisted by the Agency. Page 27 TABLE H-I HOUSING SET -ASIDE FUND ANALYSIS (FY 2004#05 - FY 2013114)' IMPLEMENTATION PLAN. ANAHEIM MERGED PROJECT AREA ANAHEIM, CALIFORNIA Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Fiscal Year ~ -- J.lIUlIZ DIIZlIII 2UIlII DDlJJl iIWIl11 2IWL12 m..zl1I ZIl3JlH I. Beginning Cash Balance $8,113,000 $14,824,000 $2,205,000 $0 $0 $0 $0 $0 $0 $0 II. Revenues Property Tax Increment ;t $6,560,000 $7,106,000 $11,005,000 $11,506,000 $11,739,000 $11,976,000 $12,218,000 $12,464,000 $12,716,000 $12,973,000 Land Sales 8,278,000 11,548,000 22,080,000 18,000,000 7,000,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 Residual Receipts Revenue 35,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Loan Repayment 1,262,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Interest Income 594,000 376,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Rentallncome 259,000 142,000 Federel Funds Transfer 292,000 Miscellaneous 79,000 Bond Proceeds Total Revenues $17,359,000 $19,872,000 $33,985,000 $30,408,000 $19,839,000 $14,378,000 $14,818,000 $14,884,000 $15,118,000 $15,373,000 III. Exaendltures Administrative Costs $1,425,000 $1,448,000 $1,389,000 $1,454,000 $1,515,000 $1,560,000 $1,607,000 $1,655,000 $1,705,000 $1,756,000 Projects ~ 5,845,000 23,854,000 26,934,000 22,374,000 11,522,000 7,500,000 7,701,000 7,892,000 8,096,000 8,302,000 Programs 4 1,179,000 4,596,000 5,480,000 4,180,000 4,215,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Bond Debt Service b 2.399.000 2.393.000 2.387.000 2.398.000 2.387.000 4.316.000 4.310.000 4.317.000 4.315.000 4.315.000 Total expenditures S1 0.848.000 S32.291.000 138.180.000 S30.408.000 S19.839.000 S14.378.000 S14.818.000 S14.884.000 S15.118.000 S15.373.000 IV. Net Incomel(Loss) S8.511.000 IS12.419.000' IS2.205.000' B II B B B II B V. Ending Cash Balance $14,824,000 $2,205,000 $0 $0 $0 $0 $0 $0 $0 $0 VI. Excess Surolus AnalYsis Maximum Allowable Fund Balance $23,752,000 $25,429,000 $30,937,000 $36,177,000 $41,356,000 $46,226,000 $47,439,000 $48,397,000 $49,374,000 $50.371,000 Excess Surplus $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 , Per Agency estimates. 2 Based on the KMA financial analysis dataed November 30, 2005. 3 Includes proposed projects as well as purchasing the Orange County Trensportetlon Authority and Caltrans remanent parcels and properties along Uncoln Avenue and Anaheim Blvd. 4 Includes the following programs: Second Mortgage Assistance, EPAL Homebuyer Assistance, Rental Assistance, and Neighborhood Improvement Plan. 5 The Agency did not Issue bonds In FY 2004105 as previously projected. Pran,""'" h". IlA'....r I.Aaratnn 4..n,...... In.. TABLE H.10 HOUSING SET-ASIDE FUND ANALYSIS (IMPLEMENTATION PLAN)' IMPLEMENTATION PLAN. ANAHEIM MERGED PROJECT AREA ANAHEIM, CAUFORNIA Projected Projected Projected Projected Projected Fiscal Year ~ 2IIIlII DMZ DIIZlIII ZUIlII I. Beginning Cash Balance $8,113,000 $14,824,000 $2,205,000 $0 $0 II. Revenues Property Tax Increment ;t $6,560,000 $7,106,000 $11,005,000 $11,506,000 $11,739,000 Land Sales 8,278,000 11,548,000 22,080,000 18,000,000 7,000,000 Residual Receipts Revenue 35,000 100,000 100,000 100,000 100,000 Loan Repayment 1,262,000 600,000 600,000 600,000 600,000 Interest Income 594,000 376,000 200,000 200,000 200,000 Rental Income 259,000 142,000 Federel Funds Transfer 292,000 Miscellaneous 79,000 Bond Proceeds Total Revenues $17,359,000 $11,872,000 $33,985,000 $30,408,000 $19,831,000 III. Exaendltures Administrative Costs $1,425,000 $1,448,000 $1,389,000 $1,454,000 $1,515,000 Projects ~ 5,845,000 23,854,000 26,934,000 22,374,000 11,522,000 Programs 4 1,179,000 4,596,000 5,480,000 4,180,000 4,215,000 Bond Debt Service b 2.399.000 2.393.000 2.387 .000 2.398.000 2.387.000 Total Expendltu.... 110,848,. 132.291.000 138.190.. 130.408.000 111.831.000 N. Net Incomel(Loss) 18.511.. 1I12A1I.000' 112.205.000' B B V. Ending Cash Balance $14,824,000 $2,205,000 $0 $0 $0 VI. Excess SUI'Dlus AnalYsis Maximum Allowable Fund Balance $23,752,000 $25,429,000 $30,937,000 $36,177,000 $41,356,000 Excess Surplus $0 $0 $0 $0 $0 Implementation Plan Period $8,113,000 $47,916,000 66,906,000 435,000 3,662,000 1,570,000 401,000 292,000 79,000 - $121,261,000 $7,231,000 90,529,000 19,650,000 11.964.000 1121.374.000 118.113.00" $0 , Per Agency estimates. 2 Based on KMA's IInanclal analysis dated November 30, 2005. 3 Includes proposed projects as well as purchasing the Orange County Transportation Authority and Caltrans remanent parcels and properties along Uncoln Avenue and Anaheim Blvd. 4 Includes the following progrems: Second Mortgage Assistance, EPAL Homebuyer Assistance, Rental Assistance, and Neighborhood Improvement Plan. 5 Assumes that the Agency will not issue further housing bonds. DrAne...'" ml- 1t'a.'IGAr ..aratnn 4..n"'a'.. In,... b. Housing Fund Revenues Table H-10 presents the estimated Housing Fund cash flow for the first five years ofthis Implementation Plan. The estimated deposits are based on a tax increment projection prepared by Agency staff along with other sources of revenues identified by Agency staff. The Set-Aside revenue includes the following: . Twenty percent (20%) of the estimated gross tax increment for the Merged Project Area, which increases to 30% as of July 1, 2006 (if the Amendments are adopted); e Sale of land owned by the Agency; . Residual receipt revenue and loan repayments to the Agency; . Interest and rental income; . Federal funds transfer; . Future bond proceeds; and . Cash reserves from previous fiscal years. As shown in Table H-10, the following summaries the total projected revenues that will be deposited into the Housing Fund during the Implementation Plan period: Beginning Balance Property Tax Increment Sale of Land Residual Receipt Revenue Loan Repayment Interest Income Rental Income Federal Funds Transfers Miscellaneous Bond Proceeds Total Projected Revenues Implementation Plan Period $8,113,000 47,.916,000 66,906,000 435,000 3,662,000 1,570,000 401,000 292,000 79,000 o $121,261,000 Page 30 c. The Housing Program and Housing Fund Expenditures Based upon the Agency's projected revenues described above, it is anticipated that the Agency will have expenditures that total $129,374,000 over the Implementation Plan period. As shown in Table H-10, the expenditures can be broken down into four (4) categories as described below: administration, bond debt service, and projects and programs. Project Expenditures Program Expenditures Administrative Expenses Bond Debt Service Total Projected Expenditures Implementation Plan Period $90,529,000 19,650,000 7,231,000 11,964,000 $129,374,000 Proiects The Agency over the next five years will continue to implement projects, which will provide affordable housing opportunities within the City of Anaheim. The following summarizes how the Agency will assist projects during the next five years: 1. The Agency will continue to focus on producing deed-restricted housing units in order to increase the permanent stock of affordable housing. Such units can be produced. through new construction, substantial rehabilitation, or, in the case of multi-family rental housing, acquisition and deed-restriction. 2. The Agency can make loans and grants from the Low and Moderate Income Housing Fund to non-profit or for-profit developers for the new construction or rehabilitation of affordable housing. Loans can be made on a deferred payment and/or below market interest rate basis. 3. The Agency can also participate by assisting in the acquisition of land, land cost write-down, developer recruitment, credit enhancement, or in other ways to make development of affordable housing feasible. This is usually done after identification of a housing site, development of a housing concept, and issuance of a Request for Proposals for development of the project. Such affordable housing can be rental or ownership housing. In order for such units to count as inclusionary units in fulfillment of a project area's inclusionary obligation, they must be deed-restricted to be affordable to the applicable income level for a term no shorter than 45 years for ownership housing, and 55 years for rental housing. Page 31 The Agency will primarily assist private developers in the development of housing within the Merged Project Area, and restricting these housing units for very low-, low and moderate income households. However, as of July 1, 2011, the Agency will be required to match the amount spent on moderate income households using the Set-Aside funds attributable to the Project Area constituent area of the Merged Project Area with the same amount on extremely-low income households. The following summarizes the Agency involvement in housing development: 1. The Agency will assist private developers in the development of over 1 ,000 units over the next 10 years. 2. The Agency will also be in the process of acquiring property over the next five years for future housing sites. Sites proposed to be acquired for future housing include Orange County Transportation Authority and CalTrans remnant parcels, properties along Lincoln Avenue in west Anaheim, and certain parcels along Anaheim Boulevard. 3. Also, although only a small portion of the 1o-year expenditures, the Agency has allocated funds over the next five years for public improvements to facilitate the development of affordable housing within the Merged Project Area. Procrams The following summarizes the programs that the Agency plans to implement: 1. Mortgage Assistance . Second Mortgage Assistance Program (SMAP)/EPAL Homebuyer Assistance Program - Provides a loan pool for down payment assistance for households up to 120% of area median income) single- and multi- family home buyers. The SMAP program offers deferred payment second mortgage loans, which bridge the gap between the first mortgage a buyer can qualify for and the purchase price of the home. The loans are available for 15 percent of the purchase price of the home, not-to- exceed $35,000. The SMAP loan is secured by a deed of trust and promissory note and accrues simple interest at five percent per annum. The SMAP down payment assistance loan is deferred for up to 30 years and due earlier when anyone of the following occur: at the time the property is resold; when the house is no longer owner-occupied; when refinancing for more than the first mortgage balance; prepayment of the loan; or transfer of ownership. Page 32 . EPAL Homebuyer Assistance Program - While similar to the SMAP, the EPAL Homebuyer Assistance Program requires affordability covenants of 45 years. 2. Rental Assistance Program . The Agency may offer rent subsides to qualified households to obtain and retain decent, safe and sanitary affordable housing as part of its Rental Assistance Program. The intent is to reach both owner-occupant and renter households throughout the City in order to stabilize transitional neighborhoods through improvement of existing residential structures and preservation of existing stock, which is usually more affordable to low and moderate income households. 3. Neighborhood Improvement Plan . The Agency will leverage its Housing Funds to implement its Neighborhood Improvement Plan and eliminate blighting conditions in targeted neighborhoods by increasing on-site management, relocating tenants from overcrowded apartment units," rehabilitation of housing units, and infrastructure improvements. The Agency will also offer rehabilitation loans to homeowners for improvements, including plumbing and electrical repairs, roof repair/replacement, floor coverings and correction of health and safety code violations. Administration Administration includes costs for professional services and other administrative costs incurred in the course of operating the Housing .division of the Agency. This category is used for general administration costs not associated with any specific project or program in particular, such as annual audits a"nd legal services. Project-specific administrative costs are included within the budget of each project or program. Amounts allocated to this category in the expenditure plan are based on average spending over the past plan period, with a slight increase to allow for inflation in this next five-year period. Bond Debt Service The Agency will continue to make principal and interest payments on the 2000 Tax Allocation Revenue Bonds, Series A and B Bonds. The annual debt service is secured by Housing Fund revenues generated from tax increment. Page 33 a. Revenue and Cost Reconciliation The project and program related costs are estimated at $110,179,000, the administrative costs are projected at $7,231,000 and the debt service costs are estimated at $11,964,000. This brings the total expenditures to $129,374,000. Table H-10 provides an illustrative example of how the Housing Program could be financed on an annual basis over the Five-Year Implementation Plan term. Based on this projection, at the end of the 5-year Plan period the Housing Fund will have a balance of zero dollars at the beginning of fiscal year 2009-10. However, the timing and specific amounts of these expenditures may be adjusted over time. Therefore, specific decisions on each of these items will be made as part of the Agency's annual budget process. b. Summary of Planned Housing Activity Given the successful implementation of the proposed housing program, the Agency will have accomplished the following by December 31, 2014: · The Agency will have met the incl~sionary housing production obligation for the life of the Merged Project Area. · The Agency will have replaced the 21 units that had previously been removed ftom,.t~e Merged Project Area's housing inventory. · The Agency will have spent the estimated Housing Funds as follows: Extremely-low Income Units Very-low Income Units Low Income Units Moderate Income Units Total Expenditures Non-Age Restricted Unms Age Restricted Units Total Expenditures Estimated Housing Fund Expenditures $4,685,000 86,125,000 54,934,000 45,280,000 $191,024,000 $158,549,000 32,474,000 $191,024,000 Page 34 6. Conclusion The preceding. plan fulfills the CRL Section 33490 requirements for the preparation and execution of the required Implementation Plan elements. The Agency will meet its Implementation Plan goals for blight elimination through the implementation of various projects and programs. The Agency, over the next five years, intends to implement affordable housing projects and programs that will commit its housing fund monies in compliance with the low/mod housing requirements. .It should be noted that the budget used in this Implementation Plan is an estimate, therefore, the Agency is not committed to expending the exact amounts referred to if the Set-Aside funds do not reach the levels estimated in this Implementation Plan. The Agency will meet its affordable housing responsibilities by: . Meeting its inclusionary housing production obligations for the life of the Project Area; . Providing the requisite number of replacement housing units to fulfill the Agency's outstanding obligations; . Fulfilling the age restriction and income distribution tests imposed between January 1,2002 and December 31,2014; and . Eliminating any excess surplus balance in the Housing Fund. The Agency currently has a beginning balance in the Housing Fund for FY 2004-05 of $8,113,000. Based on the .proposed expenditures, this beginning balance will be eliminated by the beginning of FY 2005-06. Page 35