Loading...
RES-2024-088RESOLUTION NO. 2024-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A COOPERATION AGREEMENT (TAMPICO MOTEL CONVERSION), IN SUBSTANTIAL FORM, FOR THE TAMPICO MOTEL CONVERSION AFFORDABLE RENTAL HOUSING DEVELOPMENT LOCATED AT 120 S. STATE COLLEGE BOULEVARD BY AND BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM HOUSING AUTHORITY; AUTHORIZE THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT, OR HER DESIGNEE TO EXECUTE AND ADMINISTER THE COOPERATION AGREEMENT; AND, MAKING CERTAIN FINDINGS IN CONNECTION WITH SUCH APPROVALS 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 -ARP 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) and CPD 21-10 (together, "HOME Program"); and WHEREAS, the 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 -ARP 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, CalOptima Health is a public agency formed pursuant to California Welfare and Institutions Code Section 14087.54 and Orange County Ordinance No. 3896, as amended. CalOptima's mission is to serve member health with excellence and dignity, respecting the value and needs of each person. CalOptima Health has designated certain Board -approved Homeless Health Care Initiative funds to fund Homeless and Housing Incentive Program ("HHIP") projects. CalOptima finds that the grant project is a community program that supports and is compatible with CalOptima's mission and desires to assist grantee in undertaking its project by providing financial support in accordance with CalOptima's policies and procedures. WHEREAS, in July 2019, the State of California established the Homeless Housing, Assistance, and Preventing Program ("HHAP") pursuant to Chapter 159 of Assembly Bill No. 101 (2018-2019 Reg. Sess.), which is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency ("BCSH"), and provides flexible block grant funds to support local jurisdictions provide a unified regional response to reduce and end homelessness. The State of California has designated certain Homeless Housing, Assistance and Prevention ("HHAP") funds to programs which provide a unified regional response to reduce and end homelessness. WHEREAS, Jamboree Housing Corporation, a California nonprofit public benefit corporation ("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 thirty-two (32) rental units (the "Project") to be located on an approximately 0.51 acre site consisting of Authority -owned land located at 120 S. State College Boulevard (the "Site"). Substantial aspects of the Project and the AHA remain in progress and under negotiation; and WHEREAS, Developer is proposing that Authority make available for the Project certain amounts of funds held by the City under the HOME Programs, CalOptima HHIP, and/or HHAP; 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 -ARP Funds, CalOptima HHIP funds, and/or HHAP funds to the Project; and WHEREAS, Developer and the staff of the Authority have proposed a letter (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 that 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 -ARP Funds and other affordable housing funds; and WHEREAS, Developer (as "Applicant" to TCAC) intends to submit an application to TCAC ("Application") to obtain an allocation of federal four percent (4%) 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 HOME -ARP Funds, CalOptima HHIP funds, and/or HHAP funds for the AHA, neither Authority (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 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 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 City's Director of Housing and Community Development Department ("Director") has caused to be prepared such documents, reports and plans 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 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 City Council has duly considered all terms and conditions of the proposed Cooperation 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 CITY COUNCIL OF THE CITY OF ANAHEIM: Section 1. The City Council finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution. Section 2. The City Council hereby approves the Cooperation Agreement (Tampico Motel Conversion) between the City and Authority with such changes as may be mutually agreed upon by the Director on behalf of the City and Executive Director on behalf of the Authority, and the City Attorney (or special counsel) as are minor and in substantial conformance with the form of the Cooperation Agreement. The Director and the City Clerk are hereby authorized to execute and attest the Cooperation Agreement subject to compliance with the conditions therein, and other implementing documents on behalf of the City. In such regard, the Director (or her duly authorized representative) is authorized (a) to sign the final version of the Cooperation Agreement. Copies of the final form of the Cooperation Agreement when duly executed and attested shall be placed on file in the office of the City Clerk. Further, the Director is authorized to implement the Cooperation Agreement and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated thereby. The Director is hereby authorized to the extent necessary during the implementation thereof to make technical or minor changes and interpretations if and as necessary to properly implement and carry out the same, provided any and all such changes shall not in any manner materially affect the rights and obligations of the City thereunder. Section 3. In addition to the authorization of Section 3 above, the Director is hereby authorized, on behalf of the City, to implement the Cooperation Agreement, including causing the issuance of warrants in implementation thereto, and to administer the City's obligations, responsibilities and duties to be performed thereunder. Section 4. The City Clerk shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS THIRTEENTH (13TH) DAY OF AUGUST, 2024, BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None CITY OF ANAHEIM By: MA R OF THE OF ANAHEIM ,rkTTE TY ERK OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-088 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13' day of August, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 14thday of Aucust, 2024. CITY LERK OF THE CITY OF ANAHEIM (SEAL)