Loading...
AHA-2021-003RESOLUTION NO. AHA -2021-003 A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY APPROVING A PRELIMINARY AWARD LETTER FOR THE ANAHEIM MIDWAY AFFORDABLE RENTAL HOUSING DEVELOPMENT BETWEEN THE ANAHEIM HOUSING AUTHORITY AND NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA; AUTHORIZING THE ACTING EXECUTIVE DIRECTOR, OR HER DESIGNEE, TO EXECUTE AND ADMINISTER THE PRELIMINARY AWARD LETTER ON BEHALF OF THE AUTHORITY; AUTHORIZING THE ACTING EXECUTIVE DIRECTOR OR HER DESIGNEE, TO ENTER INTO SUBSEQUENT AGREEMENTS NECESSARY TO IMPLEMENT THE PROJECT, PROVIDED THAT SUCH AGREEMENTS DO NOT MATERIALLY INCREASE OR EXTEND THE ASSISTANCE PROVIDED BY THE HOUSING AUTHORITY UNDER PRELIMINARY AWARD LETTER; AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Housing Authority ("Authority") is a California housing authority duly organized and existing under the California Housing Authorities Law, Part 2 of Division 24, Section 34200, et seq., of the Health and Safety Code ("HAL"), and has been authorized to transact business and exercise the power of a California housing authority pursuant to action of the City Council ("City Council") of the City of Anaheim; and WHEREAS, the City of Anaheim ("City") is a California municipal corporation and charter city; and WHEREAS, the City is a participating jurisdiction with the United States Department of Housing and Urban Development ("HUD") that has received funds ("HOME Funds") from HUD pursuant to Title II of the Cranston Gonzalez National Affordable Housing Act (42 U.S.C. 12701 12839) and the HOME Program regulations codified at 24 CFR Part 92, as amended by the "2013 HOME Final Rule" at 24 CFR Part 92 (Complete Rule) htt //www.ecfr.gov/ci-bin/text- idx?tpl_/ecfrbrowse/Title24/24cfr92 main 02.tal (together, "HOME Program"); and WHEREAS, HOME Program has, among its purposes, the strengthening of public-private partnerships to provide more affordable housing, and particularly to provide decent, safe, sanitary, and affordable housing, with primary attention to housing for very low income and lower income households in accordance with the HOME Program; and WHEREAS, the HOME Program funds are used by the Authority, as a participating jurisdiction, to carry out multi-year housing strategies through acquisition, rehabilitation, and new construction of housing for target income persons and families; and WHEREAS, the Authority additionally maintains a Low and Moderate Income Housing Asset Fund (the "Housing Asset Fund") pursuant to Health and Safety Code Section 34176 and 34176.1, which Housing Asset Funds are available to the Authority to assist in the development and operation of rental housing in the City that is affordable to persons and families of low, very low and extremely low income; and WHEREAS, National Community Renaissance of California ("Developer") has proposed to the Authority that Developer and the Authority negotiate and thereafter enter into a comprehensive affordable housing agreement ("AHA") concerning the development and operation of an affordable rental housing project consisting of approximately eight -six (86) rental units (the "Project") to be located on an approximately 2.33 acre site consisting of Authority -owned land located at 110 West Midway (the "Site"). Substantial aspects of the Project and the AHA remain in progress and under negotiation; and WHEREAS, Developer is proposing that Authority or City make available for the Project certain amounts of funds held by the City under the HOME Programs and, in addition, that the Authority make available for the Project certain moneys in the Authority's Housing Asset Fund; and WHEREAS, the City and Authority are prepared to consider execution of a Cooperation Agreement by and between City and Authority pursuant to which the City would agree to contribute HOME Funds to the Project; and WHEREAS, Developer and the staff of the Authority have proposed a letter in the form submitted herewith (the "Preliminary Award Letter") which sets forth certain aspects of the proposed Project, including the intention of the Developer to submit an Application for Tax Credit funds; and WHEREAS, Developer is experienced in the construction, development, operation and management of high quality housing which is affordable to persons and households of low, very low and extremely low income in Southern California, including without limitation dwelling units developed utilizing HOME Funds and Housing Asset Funds; and WHEREAS, Developer (as "Applicant" to TCAC) intends to submit an application to TCAC ("Application") to obtain an allocation of federal nine percent (9%) Low Income Housing Tax Credits ("Tax Credits") for the Project; and WHEREAS, by Authority's commitment of monies sourced in whole or in part from the Housing Asset Fund and/or HOME Funds for the AHA, neither Authority (or Successor Agency or City) nor Developer intends in any manner to waive any constitutional and/or legal rights under the Dissolution Act or any other applicable laws; therefore, Authority (and Successor Agency and City) and Developer expressly and intentionally reserve all rights under any and all applicable laws to challenge the validity of any or all provisions of the Dissolution Act in any legal manner or proceeding, including challenging determinations made by the Oversight Board and/or California Department of Finance, without prejudice to the City or Successor Agency or Authority or Developer; and WHEREAS, it is contemplated that under an AHA as hereafter negotiated and proposed, Developer would ground lease the Site from Authority and develop and operate the Site and shall cause the Site to be maintained and managed in accordance with the AHA, including a ground lease with respect to the Site ("Ground Lease") and other instruments to be approved by Authority and Developer with respect to the Project, throughout a period of not less than fifty-five years as hereinafter designated by the Authority (the "Affordability Period"); and WHEREAS, the Project is vital to and in the best interest of the City and the health, safety and welfare of its residents, and is in accordance with the public purposes of applicable state and local laws and requirements; and WHEREAS, the Authority has prepared such notices, plans and reports as may be required prior to consideration of this matter and has made available for public inspection all such matters prior to the public consideration of this matter; and WHEREAS, the Authority and City held a public hearing to consider the transaction contemplated therein in accordance with the Housing Authorities Law, the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and the Dissolution Act; and WHEREAS, the Authority has duly considered all terms and conditions of the proposed Agreement, including all attachments thereto, and believes that the Project is in the best interests of the City of Anaheim and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM HOUSING AUTHORITY: Section 1. The Authority Board finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The Authority Board hereby finds and determines, based on all documentation, testimony and other evidence in the record before it, that (a) the proposed ground lease of the Site for development of the Project will assist in the elimination of blight by allowing land constrained with infrastructure deficiencies to be developed with a new, approximately 86 unit affordable rental housing project and (b) the consideration being paid to the Authority is not less than the fair reuse value at the use and with the covenants and conditions and development costs to be set forth in the AHA. Section 3. The Authority Board hereby approves the Preliminary Award Letter between the Authority and Developer, with such changes as may be mutually agreed upon by the Authority Executive Director (or his duly authorized representative), the City Attorney, and Developer, respectively, as are minor and in substantial conformance with the form of the Preliminary Award Letter submitted herewith. The Authority Executive Director and the Authority Secretary/City Clerk are hereby authorized to execute and attest the Preliminary Award Letter, and subsequently and subject to compliance with the conditions set forth in the Preliminary Award Letter, an AHA and various implementing documents (including a Ground Lease of the Site), on behalf of Authority. In such regard, the Authority Executive Director (or his duly authorized representative) is authorized (a) to sign the final version of the Preliminary Award Letter after completion of any such non - substantive, minor revisions, and (b) to negotiate and execute the final versions of an AHA, Ground Lease, and other instruments implementing the Project as set forth in the Preliminary Award Letter, as determined to be appropriate by the Executive Director. Copies of the final form of the Preliminary Award Letter, when duly executed and attested, shall be placed on file in the office of the City Clerk. Further, the Authority Executive Director (or his duly authorized representative) is authorized to implement the Preliminary Award Letter and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the Preliminary Award Letter. The Authority Executive Director (or his duly authorized representative) is hereby authorized to the extent necessary during the implementation of the Preliminary Award Letter to make technical or minor changes and interpretations of the Preliminary Award Letter after execution, as necessary to properly implement and carry out the Preliminary Award Letter, including all exhibits thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the Authority under the Preliminary Award Letter. Section 4. In addition to the authorization of Section 3 above, the Authority Executive Director is hereby authorized, on behalf of the Authority, to sign all other documents necessary or appropriate to carry out and implement the Preliminary Award Letter, including causing the issuance of warrants in implementation thereto, and to administer the Authority's obligations, responsibilities and duties to be performed under the Preliminary Award Letter and agreements subsequently executed to implement the Preliminary Award Letter, including all exhibits thereto. Section 5. The Authority Secretary shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE GOVERNING BOARD OF THE ANAHEIM HOUSING AUTHORITY THIS TWENTY SECOND (22ND) DAY OF JUNE, 2021, BY THE FOLLOWING ROLL CALL VOTE: AYES: Chairman Sidhu and Authority Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSTAIN: None ABSENT: None ANAHEIM (HOUSING AUTHORITY LIM Tif iority Secretary SECRETARY'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Secretary of the Anaheim Housing Authority, do hereby certify that the foregoing is the original Resolution No. AHA 2021-003 adopted at a regular meeting provided by law, of the Anaheim Housing Authority held on the 22nd day of June. 2021, by the following vote of the members thereof: AYES: Chairman Sidhu and Authority Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of June, 2021. OF THE ANAHEIM HOUSING AUTHORITY (SEAL)