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HomeMy WebLinkAbout2003-08-12; City Council; 17282; Affordable Housing Project 2578 Roosevelt StreetAB# 17,282 MTG. 8-12-03 DEPT. HIRED CITY COUNCIL -AGENDA BILL TITLE: REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING RESERVE FUNDS FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT LOCATED AT 2578 ROOSEVELT STREET CITYMGR RECOMMENDED ACTION: Hold a public hearing and ADOPT Council Resolution No. 2o03-219 APPROVING the reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund to pay pre-development costs related to the development of an affordable housing project at 2578 Roosevelt Street. ITEM EXPLANATION: BACKGROUND On March 11, 2003, the Carlsbad Redevelopment Agency (Agency) purchased a vacant .58-acre property located at 2578 Roosevelt Street. At the time of the acquisition, the site contained an uninhabitable, boarded-up residence and large amounts of trash and debris. As a requirement of the Agency's purchase, the previous property owner removed the structure and all of the material on- site. Thus, the purchase of the subject property has enabled the Redevelopment Agency to meet a primary redevelopment objective of eliminating blight. The property was also acquired with the intention of developing a 10-12 unit affordable apartment project on the site (subject to Housing and Redevelopment Commission approval). After acquiring the property, the Redevelopment Agency issued a Request for Qualifications to firms with experience developing affordable housing projects. Staff received three responses to the Request for Qualifications. After conducting interviews with each of the responding firms, Wakeland Housing and Development Corporation was found to be the most qualified to develop the project, and was therefore selected. Wakeland is an experienced non-profit affordable housing developer in the San Diego and Southern California region. Wakeland also has local development experience, having developed the 28-unit Vista Las Flores affordable apartment complex in Carlsbad in 2001 (located on the southeast corner of Aviara Parkway & Cobblestone Road). The Carlsbad Redevelopment Agency's 2000-2004 Redevelopment Implementation Strategy includes an affordable housing production plan that indicates the Redevelopment Agency intends to assist in the production of 253 units of newly constructed affordable housing units. Development of the subject project will assist the Agency in meeting a portion of the production goal. The subject Strategy also requires that covenants be placed on the property to ensure the long-term maintenance and affordability of the designated affordable housing units for a minimum of thirty (30) years. However, to ensure the property remains affordable for the expected life of the project, and to be consistent with other affordable housing projects developed in the City of Carlsbad, the Agency will require affordability requirements of fifty-five (55) years. PROJECT DEVELOPMENT In order to proceed with development of the affordable housing project on the noted Roosevelt Street property, plans need to be prepared and various studies need to be completed. In conjunction with the reallocation of CDBG funds, staff is proposing that the Housing and Redevelopment Commission and the Developer (Wakeland Housing) enter into a pre-development loan in the amount of $200,000 in order to prepare the appropriate plans and determine the complete scope of the noted project, and then, if appropriate, process the project for entitlement purposes. I PAGE 2 OF AGENDA BILL NO. 17,282 While the project is in the permit processing stage, staff and Wakeland will be negotiating an agreement for the ultimate development of the property. The subsequent agreement will formalize the roles and responsibilities of the Agency and Wakeland for the property development and operation, establish the terms for the purchase or long-term lease of the property, and the terms of the City’s construction loan to the project. The agreement will be returned to the Housing Commission and Housing and Redevelopment Commission for their review at a later date. PRE-DEVELOPMENT LOAN FUNDING To fund the recommended pre-development loan, staff is recommending that the City use the CDBG funds which have been set-aside in the CDBG affordable Housing Reserve Fund. Currently, there is $244,161 within this Reserve Fund that can be used for development of the subject property. CDBG funding may be used for property acquisition and pre-development costs only. The funds cannot be used for construction of the affordable housing units. Because the CDBG funds must be used in a timely manner and the City Council has already indicated its intent to use the noted funds for the purpose of developing affordable housing, staff is requesting that the City Council reallocate the $244,161 from the CDBG Housing Reserve Fund to the specific project known at this time as the Roosevelt Street Affordable Housing Project. Of the total $244,161, a total of $200,000 would be used to fund the pre-development loan described within this report. The remaining funds will be available for other pre-development costs if deemed appropriate at a later date. Any funds that are not required for pre-development costs will remain within the project account and may be reallocated at a later date. To allocate the noted CDBG funding to a specific housing project, the City Council must take action following a public hearing. INVESTMENT POLICY CONSISTENCY Recently it was brought to staffs attention by the City Treasurer that the City’s Investment Policy must be addressed with the approval of all loans provided by the City/Redevelopment Agency. Currently, the City’s investment policy does not specifically address the investment requirements for loans for affordable housing projects which are unique in nature since the goals and objectives of affordable housing financial assistance recognize that the assistance is in actuality more in the nature of a subsidy than an investment. The City Treasurer has indicated that he will be recommending an amendment to the City’s Investment Policy that will exclude housing loans from the general investment requirements for City/Agency loans. Therefore, pending that policy revision, the attached City Council resolution includes a finding that the City’s standard investment requirements are not applicable. HOUSING COMMISSION RECOMMENDATION At their meeting on July 23, 2003, the Housing Commission reviewed the reallocation of the CDBG funds related to the subject affordable housing project. The Commission voted 4-0 (Ritchie absent) in favor of the recommended action. STAFF RECOMMENDATION Staff recommends that the City Council adopt the attached resolution to authorize the reallocation of the CDBG funds to the Roosevelt Street Affordable Housing project for pre-development costs. Separate action will be required by the Housing and Redevelopment Commission to approve the pre- development loan itself and the related loan documents. ENVIRONMENTAL REVIEW: The property was acquired for the purpose of construction of affordable housing. The project is consistent with City’s General Plan and Zoning Ordinance. Further, the project is less than 2 acres in PAGE 3 OF AGENDA BILL NO. 17r282 size, is adequately served by utilities, and has no value as wildlife habitat. Therefore, pursuant to Section 15280 of the State CEQA Guidelines, the project is exempt from environmental review. FISCAL IMPACT: The pre-development funds will be utilized by the Developer to conduct all necessary planning, engineering a nd a rchitectural studies, a nd p rocess the n ecessary p ermits to a llow for the project development. The amount of the loan is to be $200,000. The CDBG Housing Reserve Fund has a current balance of $244,161. Staff is requesting that the entire balance be reallocated for pre- development activities for this project. The $44,161 difference between the loan amount and the allocated CDBG amount would be reserved as a contingency fund for the pre-development portion of the project. If some or all of the contingency funds are not used, the funds will be returned to the Housing Reserve Fund to be used for an alternate project. At a later date, the Housing Commission and Housing and Redevelopment Commission will review a request for financial assistance to construct the subject affordable housing project. EXHIBITS: 1. City Council Resolution No. 2003-219 2. July 23, 2003 Housing Commission Staff Report (without attachments) DEPARTMENT CONTACT: Craig Ruiz (760) 434-281 7, cruiz@ci.carlsbad.ca.us 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2003-219 THAT THE CITY COUNCIL APPROVE THE REALLOCATION OF $244,161 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT AT 2578 ROOSEVELT STREET HOUSING RESERVE FUND TO PAY PRE-DEVELOPMENT COSTS WHEREAS, on March 11,2003, the Carlsbad Redevelopment Agency acquired property located at 2578 Roosevelt Street for the purposes of developing an affordable housing project; and WHEREAS, after acquiring the subject property, the Redevelopment Agency issued a Request for Qualifications for the purpose of selecting a non-profit affordable housing developer to develop, own and operate an affordable housing development on the subject site; and WHEREAS, the Redevelopment Agency received three responses to the Request for Qualifications; and WHEREAS, after reviewing the responses to the Request for Qualifications and interviewing each the responding firms, Wakeland Housing and Development Corporation was letermined to be the most qualified organization to develop the affordable housing project; and WHEREAS, the Redevelopment Agency has approved a Pre-Development Loan 4greement with Wakeland Housing and Development Corporation to fund the pre-development ictivities to allow the proposed project to receive necessary entitlement permits; and WHEREAS, the Housing Commission did, on the 23rd day of July, 2003, hold a public neeting to consider the reallocation of $244,161 from the Community Development Block Grant jousing Reserve Fund to provide funding for the pre-development costs related to the ievelopment of the subject affordable housing project at 2578 Roosevelt Street; and WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to )e heard, said Commission considered all factors relating to the proposed Pre-Development Loan igreement and recommended approval of the loan to the developer of the project; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2003-219 CC RESOLUTION NO. PAGE 2 WHEREAS, the City Council did, on the 12* day of August, 2003, hold a public hearing to consider the reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund to provide funding for the pre-development costs related to the development of the subject affordable housing project at 2578 Roosevelt Street; and WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Council considered all factors relating to the reallocation of the funding within the Community Development Block Grant Housing Reserve Fund. WHEREAS, the City Council finds that the he reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund to the Roosevelt Street Affordable Housing Project is consistent with the goals and objectives of the Housing Element of the City of Carlsbad’s General Plan, Consolidated Plan, the Inclusionary Housing Ordinance, and the Village Master Plan. WHEREAS, the City Council finds that the reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund will assist with the development of approximately ten to twelve (10-12) affordable housing units which will be affordable to lower income households. The project, therefore, has the ability to effectively serve the AgencyKity’s housing needs and priorities as expressed in the Housing Element of the City of Carlsbad’s General Plan, the Consolidated Plan and the Village Master Plan. WHEREAS, the City Council finds that the Pre-Development Loan shall not be required to meet the general investment requirements set forth within the City’s Investment Policy since ;he goals and objectives of affordable housing financial assistance recognize that the assistance is .n actuality more in the nature of a subsidy than an investment. The subject housing loan shall be :xcluded from the investment policies with this approval. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: The above recitations are true and correct. That based on the information provided within the City Council Staff Report and testimony presented during the public meeting of the Housing Commission on July 23,2003, the City Council hereby ADOPTS Resolution No. 2003-219 , APPROVING the reallocation of $244,16 1 from the Community Development Block Grant Housing Reserve Fund to pay pre-development costs for the development of an affordable housing project at 2578 Roosevelt Street. That the City Manager or his or her designee be authorized to execute all documents related to the reallocation of $244,161 from the Community Development Block Grant Housing Reserve Fund to the Roosevelt Street Affordable Housing Project, subject to review and final approval by the City Attorney. That the use or expenditure of Community Development Block Grant funds in the form of a subsidy or loan, including pre-development loans, to affordable housing projects made pursuant to applicable state or federal law and approved by the City Council are not considered investments of City funds subject to the control of the City Council’s Investment Policy dated January 14,2003, and are excluded from the definition of Pooled Investments subject to management and reporting by the City Treasurer. Page 3 of 4 of Resolution No. 2003-219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 12'h day of August, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin NOES: Council Members Hall, Packard ABSENT: None ABSTAIN: None 4TTEST: LORRAINE M. W~D, city clerk' :SEAL) X Resolution No. 2003-219 'age 4 7 EXHIBIT 2 I The City of Carlsbad Houshgg& RedeueIopment Depazdxnent AREPORT TO THE HOUSXNG- COIb!KMXBSXON I DATE: . JULY23,2003 SUBJECT: ROOSEVELT STREET AFFORDABLE HOUSING PROJECT RECOMMENDATION OF APPROVAL TO THE HOUSING AND DEVELOPMENT LOAN TO WAKELAND HOUSING AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS, AND THAT $244,161 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING RESERVE THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT AT 2578 ROOSEVELT STREET REDEVELOPMENT COMMISSION TO PROVIDE A $200,000 PRE- CORPORATION, APPROVAL OF THE PRE-DEVELOPMENT LOAN FUND BE REALLOCATED TO PAY PRE-DEVELOPMENT COSTS FOR I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 2003-003 recommending APPROVAL to the Housing iind Redevelopment Commission to provide a $200,000 pre-development loan to Wakeland Housing and Development Corporation, approval of the Pre-Development Loan Agreement and related documents, and that $244,16 1 from the Community Development Block Grant Housing Reserve Fund be reallocated to pay pre-development costs related to the development of an affordable housing project at 2578 Roosevelt Street. 11. PROJECT DESCRIPTION On March 11,2003, the Carlsbad Redevelopment Agency (Agency) purchased a vacant .58-acre property located at 2578 Roosevelt Street. The property was acquired for the purpose of developing affordable housing. The Agency anticipates that a 10-12 unit apartment project can be built on the site (subject to City CounciVHousing and Redevelopment Commission approval). It is the Agency’s intention to work with a non-profit housing developer to construct, ownand operate the development. The property is located in Land Use District 8 of the Carlsbad Village Redevelopment Area. In the Redevelopment Area, the Carlsbad Village Redevelopment Master Plan and Design Manual (Master Plan) is the land use and design regulatory document. Under the Master Plan regulations, multi- family housing is a permitted land use. Further, the General Plan and Master 8’ 2578 ROOSEVELT STREET JULY 23,2003 PAGE 2 Plan allow for a maximum density of 19 dwelling units per acre. The surrounding land uses include a 3-story office building to the north, single-family residences to the east, multi-family apartments to the south, and an office and trailer park to the west. The property is within close proximity of many of the service facilities, retail locations, mass transit and other amenities offered within the Redevelopment Area. At the time the Redevelopment Agency initiated the acquisition, the site contained an uninhabitable, boarded-up residence. In addition, the site contained large amounts of trash and debris. As a requirement of the Agency’s purchase, the previous property owner removed the structure and all of the material stored on-site. In addition to providing affordable housing, the purchase and development of the subject property will assist the Redevelopment Agency to meet the primary redevelopment objective of eliminating blight. The Carlsbad Redevelopment Agency’s 2000-2004 Redevelopment Implementation Strategy includes an affordable housing production plan that indicates the Redevelopment Agency intends to assist in the production of 253 units of newly constructed affordable housing units. Acquisition of the subject property will assist the Agency in meeting a portion of the production goal. The subject Strategy also requires that covenants be placed on the property to ensure the long-term maintenance and affordability of the designated affordable housing units for a minimum of thirty ( 30) y ears. F or the u ltimate d evelopment o f t he p roperty, the Agency will require long-term affordability requirements for a minimum of fifty-five (55) years. As stated above, the proposed action before the Housing Commission is to approve the Pre- Development Loan Agreement and related documents. Wakeland will utilize the pre- development funds to conduct all necessary planning, engineering and architectural studies, and process the necessary permits to allow for the project development. At a later date, the Housing Commission will review a request for financial assistance to construct the subject affordable housing project. 111. DEVELOPMENT TEAM After acquiring the property in March, 2003, the Redevelopment Agency issued a Request for Proposals to firms with experience developing affordable housing projects. After reviewing the three responses and conducting interviews, Wakeland Housing and Development Corporation was selected to develop the site. Wakeland is an experienced non-profit affordable housing developer in the San Diego and Southern California region. In 2001 Wakeland developed the 28- unit Vista Las Flores affordable apartment complex in Carlsbad (southeast comer of Aviara Parkway & Cobblestone Road). IV. FINANCIAL ASSISTANCE In acquiring the property, the Agency utilized funding from the. Redevelopment Low and Moderate Income Housing Fund (LowMod), the Federal Community Development Block Grant 2578 ROOSEVELT STREET JULY 23,2003 PAGE 3 (CDBG) Program, and the Federal Home Investment Partnership Program Fund (HOME) Program. CDBG regulations state that such funds may only be used for land acquisition and pre- development activities, but not on actual construction activities. Therefore, the Pre-Development Loan will utilize CDBG funds exclusively. As stated in the attached Pre-Development Loan Agreement, the amount of the loan is to be $200,000. The CDBG Housing Reserve Fund has a current balance of $244,161. Staff is requesting that the entire balance be reallocated for pre-development activities for this project. The $44,161 difference between the loan amount and the allocated CDBG amount would be reserved as a contingency fund for the pre-development portion of the project. If some or all of the contingency hnds were not used, it would be returned to the Housing Reserve Fund to be use for a future project. While the project is in the p emit processing stage, s taff and W akeland will b e negotiating a development agreement. The agreement will formalize the roles and responsibilities of the Agency and Wakeland for the property development and operation, establish the terms for the purchase or long-term lease of the property, and the terms of the City's construction loan to the project. The agreement will be returned to the Housing Commission for its review at a later date. V. LOAN DOCUMENTS As part of this transaction, the Agency and the developer will be entering into three agreements. The first agreement is the Pre-Development Loan Agreement that details the requirements to repay the loan. The Assignment Agreement states that in the event of a default, all plans, studies, drawings and entitlements become the property of the Agency. If necessary, the Agency could then use these documents to complete the construction of the project. The Promissory Note is the developer's pledge to repay the loan. VI. SUMMARY AND STAFF RECOMMENDATION It is the role of the Housing Commission to make financial assistance recommendations to the City Council and Housing and Redevelopment Commission based on several considerations with respect to affordable housing projects. These are: 0 The proposal's effectiveness in serving the AgencyKity's needs and priorities as expressed in the Housing Element of the General Plan and the Consolidated Plan. 0 The proposal's consistency with the AgencyKity's affordable housing policies and ordinances as expressed in the Housing Element and Inclusionary Housing Ordinance. 2578 ROOSEVELT STREET JULY 23,2003 PAGE 4 The proposal's development and operating feasibility, emphasizing the development team capacity, financing sources and the role of the AgencyKity in providing financial assistance or incentives. The subject affordable apartment project will be developed by a capable non-profit developer that is committed to affordable housing. The financing structure, which will utilize a variety of federal, City and private funding sources, is sound. The proposed City assistance meets the City's underwriting goals of a strong borrower and reasonable project costs. The project location is close to numerous service facilities, retail locations, mass transit and other amenities offered within the Redevelopment Area. Finally, the project, through the removal of a previously non- habitable structure and removal of trash and debris, will accomplish several redevelopment revitalization goals along with the provision of affordable housing. It is staffs recommendation that the Housing Commission approve the resolution of support recommending conditional approval of the proposed City financial assistance for pre- development associated with the subject affordable housing project to be located at 2578 Roosevelt Street. VII. ATTACHMENTS 1. Housing Commission Resolution No. 2003-003 2. Draft Pre-development Loan Agreement, Promissory Note and Assignment Agreement 3. Vicinity Map 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 2003-003 THAT THE HOUSING COMMISSION RECOMMEND APPROVAL TO THE DEVELOPMENT LOAN TO WAKELAND HOUSING AND DEVELOPMENT AGREEMENT AND RELATED DOCUMENTS, AND THAT $244,161 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING COSTS FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT AT 2578 ROOSEVELT STREET HOUSING AND REDEVELOPMENT COMMISSION OF A $200,000 PRE- CORPORATION, APPROVAL OF THE PRE-DEVELOPMENT LOAN RESERVE FUND BE REALLOCATED TO PAY PRE-DEVELOPMENT WHEREAS, on March 1 1,2003, the Carlsbad Redevelopment Agency acquired property located at 2578 Roosevelt Street for the purposes of developing an affordable housing project; and WHEREAS, after acquiring the subject property, the Redevelopment Agency issued a Request for Qualifications for the purpose of selecting a non-profit affordable housing developer to develop, own and operate an affordable housing development on the subject site; and WHEREAS, the Redevelopment Agency seeks to enter into a Pre-Development Loan Agreement with Wakeland Housing and Development Corporation to fund the pre-development activities to allow the project to receive necessary entitlement permits; and WHEREAS, the Housing Commission did, on the 23'd day of July, 2003, hold a public meeting to consider the Redevelopment Agency Pre-Development Loan Agreement to provide funding for the pre-development costs related to the development of an affordable housing project at 2578 Roosevelt Street; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HC RESOLUTION NO. 2003-003 PAGE 2 WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the proposed Pre-Development Loan Agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The Pre-Development Loan Agreement is consistent with the goals and objectives of the City of Carlsbad’s Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, the Carlsbad General Plan and the Village Master Plan. 3. The Pre-Development Loan Agreement will assist the development of approximately ten to twelve (10-12) affordable housing units which will be affordable to lower income households. The project, therefore, has the ability to effectively serve the AgencyKity’s housing needs and priorities as expressed in the Housing Element, the Consolidated Plan and the Village Master Plan. 4. That based on the information provided within the Housing Commission Staff Report and testimony presented during the public meeting of the Housing Commission on July 23, 2003, the Housing Commission hereby ADOPTS Resolution No. 2003-003, recommending APPROVAL to the Housing and Redevelopment Commission to provide a $200,000 pre-development loan to Wakeland Housing and Development Corporation, approval of the Pre- Development Loan Agreement and related documents and that $244,161 from the Community Development Block Grant Housing Reserve Fund be reallocated to pay pre-development costs for the development of an affordable housing development at 2578 Roosevelt Street Ill Ill Ill 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. That the Housing Commission recommends that the Redevelopment Agency Executive Director or his or her designee be authorized by the Housing and Redevelopment Commission to execute all documents related to provision of the Agency assistance, including but not limited to a Pre-Development Loan Agreement, Promissory Note and Assignment Agreement, in substantially the form presented to the Housing Commission on July 23, 2003, and subject to review and final approval by the City Attorney. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 23'd day of July, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD SCARPELLI, CHAIRPERSON CARLSBAD HOUSING COMMISSION DEBORAH K. FOUNTAIN . HOUSING AND REDEVELOPMENT DIRECTOR HC RESOLUTION NO. 2003-003 PAGE 3 PROOF OF PUBLIC TION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. printer of I am the principal clerk of the North County Times Formerly how-n as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and City of Escondido, Court Decree number 17 1349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This I Day of August, 2003 Signature NORTH COUNTY TIMES Legal Advertising This space is the County Clerk’s Filing Stamp Proof of Publication of (NdlG. of Public Hearing and Publlc Rwh1