*Remove 1983 deed restriction imposed by Ordinance No. 150106 that requires Lots 1, 2, 3, 4, and 5, Block 3, Dekum Court to remain as recreational open space for the life of the Dekum Court housing project

The City of Portland ordains: Section 1. The Council finds that: The Metro Housing Bond (“Metro Bond”) Measure 26-199 was approved by voters in the Metro region in 2018 authorizing Metro to distribute the Metro Bond funds to local jurisdictions to fund affordable housing. The Portland Housing Bureau (“PHB”) is charged with implementing the housing policies of the City of Portland (“City”) under City Council Ordinance No. 184329 including the Local Implementation Strategy for the Metro Bond approved by City Council Ordinance No. 190095 on August 12, 2020. Home Forward is also implementing the Metro Bond requirements as a Local Implementation Partner for the area outside of the City of Portland in Multnomah County. In July 2019, Metro Council also approved up to $22.9 million in Metro Bonds to support a Phase 1 project, Dekum Court, in the City of Portland to be developed by Home Forward which will receive direct funding from Metro. The funding and unit count of Dekum Court will be included in Portland’s eligible share of Metro Bond proceeds and unit production goals. Home Forward is the owner of Dekum Court, currently 40 units of public housing located at 7003-7055 NE 27 th Avenue in the Concordia neighborhood, built in 1972. Home Forward proposed a redevelopment of the existing Dekum Court as 187 units of affordable housing (of which 147 are Metro Bond-funded units) in five separate buildings (“Project”). On July 25, 1980, the City Council approved Ordinance No. 150106 authorizing an agreement in the amount of $27,495 between the City of Portland and the Housing Authority of Portland (now Home Forward) (“Agreement”) and a quitclaim deed recorded in 1983 that transferred ownership of the land and improvements described as Lots 1, 2, 3, 4, and 5, Block 3, Dekum Court (located at NE 27 th Avenue and NE Saratoga Street) to Home Forward. The Agreement required Home Forward to allow access to and use of the open space and recreational facilities by both Dekum Court tenants and neighborhood residents. It further required that the City approve any restriction of access or use by Home Forward either through use of physical barriers or exercise of legal property rights, for other than temporary or emergency reason. The Project will include new housing construction replacing the open space at the southeast corner of the development consisting of Lots 1, 2, 3, 4, and 5, Block 3, Dekum Court. Home Forward has requested that the City remove the deed restriction to allow the development to proceed. Sixty-one (61) units in the Project will be affordable to individuals and families earning up to 30% AMI with the remaining 126 units restricted at 60% AMI. Sixty-seven (67) units will have HUD Project-Based Section 8 vouchers. The Project consists of 56 studios, 13 one-bedroom units, 70 two-bedroom units, 41 three-bedroom units, and 7 four-bedroom units. Family-sized units, consisting of units with two or more bedrooms, comprise 63% (or 118) of the total units. Home Forward has engaged residents, neighbors and other stakeholders to provide perspectives on design, amenities, outdoor space and other considerations for the Project. Outreach efforts included a project-specific Community Advisory Committee, resident meetings, direct mailings, and consultation with the Concordia and Woodlawn Neighborhood Associations. No concerns about the loss of open space for public use were raised during these engagement opportunities. The 147 Metro Bond-funded units in the Project will be subject to a 99-year regulatory agreement held by PHB requiring compliance with the Metro Bond and City requirements. The 147 units will count toward the City’s total unit production targets for the Metro Bond. NOW, THEREFORE, the Council directs: The Director of PHB is hereby authorized to execute any and all related documents, subject to the approval as to form of such documents by the City Attorney’s Office, necessary to advance the project and to release the deed restriction. Section 2. The Council declares that an emergency exists because a delay in the City’s approval would impair the ability of the Project to meet the timeline required by other financing sources, would delay the production of needed affordable housing units and likely increase the Project construction cost; therefore, this Ordinance shall be in full force and effect from and after its passage.