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Exhibit 3 - Without Redline Draft <br />(2) The fund shall be administered by the executive director, or his or her designee, who may <br />develop procedures in the city's affordable housing funds policies and procedures to implement <br />the purposes of the inclusionary housing fund consistent with the requirements of this article and <br />any adopted budget of the city. <br />(3) Monies deposited in accordance with this section shall be used in accordance with the affordable <br />housing funds policies and procedures, housing element, consolidated plan, or subsequent plan <br />adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to <br />recapture affordable housing at risk of market conversion, or to assist other government entities, <br />private organizations, or individuals to do So. Perrnissible uses include, but are not limited to, <br />assistance to housing development corporations, equity participation loans, grants, pre -home <br />ownership co -investment, pre -development loan funds, participation leases, or other public - <br />private partnership arrangements. The inclUsionary housing fund may be used for the benefit of <br />both rental and owner -occupied housing. <br />(4) A developer receiving funding from the inclusionary housing fund shall implement a local <br />preference in their resident selection criteria and marketing policies meeting guidelines <br />established by the executive director. <br />(5) A developer opting for the in lieu payment option or receiving funding from the inclusionary <br />housing fund, as well as its contractors and subcontractors at every tier performing work for the <br />new housing units is encouraged and Should provide art enforceable CornmiLmenL that a Skilled <br />and trained workforce will be used to complete a contract or project in accordance with Public <br />Contract Code §§ 2601-2602. <br />( Ord. No. NS-2881. & 2. (4-1-15 ; Ord. No. NS 2994 , § 3, 9-1-20) <br />Sec. 41-1910. - Administrative. <br />(a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in -lieu fee shall be <br />subject to city council review and consideration front time to time. <br />(b) Prior projects. The applicant(s) of any project for which a site plan review application was submitted <br />and such application was deemed complete prior to August 4, 2015, may either construct the <br />inclusionary units pursuant to the prior housing opportunity ordinance (Ordinance No. NS-2825) or pay <br />ail in lieu fee calculated by the formula under the prior housing opportunity ordinance (Ordinance No. <br />NS-282b) or request to revise its inclusionary housing plan and/or inclusionary housing agreement <br />and pay an in -lieu fee of nine dollars and Ihiriy-five cents ($9.35) per square fool of habitable space <br />for the entire project's inclusionary housing obligation. <br />(c) Administration fees. The council may by resolution establish reasonable fees and deposits for the <br />administration of [his article including an annual monitoring fee and an inclusionary housing plan <br />submittal fee. <br />(d) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the <br />project to ensure that the income verifications are correct and in compliance with the inclusionary <br />housing administrative procedures. For ownership units, the city shall monitor to verify that owner - <br />occupancy requirements are maintained. Developer/property owners are required to cooperate with <br />the city in promptly providing all information requested by the city in monitoring compliance with <br />program requirements. The city will conduct periodic random quality control audits of inclusionary units <br />to assure compliance with rules and requirements. Such audits may include verification of continued <br />occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and <br />agreement, and physical inspections of the residential project. <br />(e) Administrative procedures. The city manager is hereby authorized and directed to promulgate <br />administrative procedures for the implementation of this article. <br />City Council 28 — 72 7/6/2021 <br />