RES-2010-077RESOLUTION NO. 2010 -077
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM (I)
AUTHORIZING THE SUBMITTAL OF A STREAMLINED APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM FOR THE
AFFORDABLE HOUSING PROJECT LOCATED AT 516 E. SANTA ANA STREET,
(II) IF SELECTED FOR SUCH FUNDING, AUTHORIZING THE EXECUTION OF A
STANDARD AGREEMENT, ANY AMENDMENTS THERETO AND ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN
PROGRAM, AND (III) IF SELECTED FOR SUCH FUNDING, AMENDING THE
BUDGET FOR FISCAL YEAR 2010 -11 ACCORDINGLY
WHEREAS, the City of Anaheim (the "City ") submitted an application dated as of May
16, 2006 (the "Original City Application ") to the California Department of Housing and
Community Development ( "HCD ") requesting One Million Three Hundred Fifty Thousand
Dollars ($1,350,000) in response to a Notice of Funding Availability ( "NOFA ") for the BEGIN
Program established by Chapter 14.5, Sections 50860 through 50866 of Part 2 of Division 31 of
the California Health and Safety Code (the "Statute "); and
WHEREAS, pursuant to the Statute, HCD approved the Original City Application and
entered into that certain Standard Agreement (06 -BEGIN-073) with the City (the "Original
Standard Agreement ") utilizing monies made available to the BEGIN Program by the State
Legislature, subject to the terms and conditions of the Statute and the BEGIN Program
Guidelines adopted by HCD (the "BEGIN Program Guidelines "); and
WHEREAS, funding made available under the NOFA for the BEGIN Program ( "BEGIN
Program Funding ") could be used to provide, among other things, down payment assistance to
first time homebuyers in Anaheim with household incomes that do not exceed one hundred
twenty percent (120 %) of area median income; and
WHEREAS, the City submitted the Original City Application and entered into the
Original Standard Agreement anticipating that a one hundred thirty -five (135) unit affordable
housing agreement (the "Original Affordable Housing Development ") would be constructed at
516 East Santa Ana in the City (the "Affordable Housing Development Site ") pursuant to an
agreement between the Anaheim Redevelopment Agency (the "Redevelopment Agency") and
WL Homes LLC (the "Original Affordable Housing Agreement "); and
WHEREAS, to date, the Original Affordable Housing Development has not been
constructed and the Original Affordable Housing Agreement has been terminated; and
WHEREAS, the Redevelopment Agency and Brookfield Olive Street II LLC are parties
to that certain Disposition and Development Agreement (Colony Park Phase III, Parcels J & K)
dated as of September 1, 2009 which provides for the development of an approximately one
hundred eighty -two (182) unit affordable housing development (the "Affordable Housing
Development ") at the Affordable Housing Site; and
WHEREAS, the City desires to submit a streamlined application to HCD permitting the
City to utilize the BEGIN Program Funding originally allocated to the City by HCD pursuant to
the Original City Application and the Original Standard Agreement to provide down payment
assistance of up to twenty percent (20 %) of the sales price to first time homebuyers (i) who
acquire homes in the Affordable Housing Development and (ii) have household incomes that do
not exceed one hundred twenty percent (120 %) of area median income (the "Streamlined
Application ").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Approval of Streamlined Application. The Streamlined Application is hereby
approved.
Section 2. Authority to Execute and Submit Streamlined Application. The Executive
Director of the City's Community Development Department, or her designee, is hereby
authorized and directed to execute and submit the Streamlined Application to HCD.
Section 3. Authority to Execute Documents and Take Further Actions. The Executive
Director of the City's Community Development Department, or her designee, is hereby
authorized and directed, if the City is selected by HCD to receive BEGIN Program Funding, to
take such other actions as are consistent with the Streamlined Application, including the
execution of a Standard Agreement prepared by HCD and all other documents and amendments
required by HCD for participation in the BEGIN Program.
Section 4. Agreement to Utilize BEGIN Program Funding in a Manner Consistent with the
Streamlined Application and the BEGIN Program Guidelines. The City hereby agrees to use
BEGIN Program Funding for eligible activities in the manner presented in the Streamlined
Application as approved by HCD and in accordance with the BEGIN Program Guidelines, if
selected by HCD to receive such funding.
Section 5. Amendment of Budget. Contingent upon the award of a grant and the receipt of
funds based upon the Streamlined Application, the annual budget of the Community
Development Department of the City for Fiscal Year 2010 -11 shall be amended by increasing the
appropriations and authorized expenditures in the amount equal to the amount of grant funds
received by the City.
2
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY- SECOND (22 DAY
OF JUNE, 2010 BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
a 42
U4
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
. � Qrr
CLERK OF THE CITY OF A AHEIM
APPROVED AS TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY
B
JO NN E. WOODHEAD IV
Assistant City Attorney
77357.1
3