Loading...
ARA-2006-013RESOLUTION NO. ARA 2006 -013 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND ANAHEIM HOUSING AUTHORITY; CONSENTING TO THE AFFORDABLE HOUSING AGREEMENT BETWEEN THE HOUSING AUTHORITY AND ELM STREET COMMONS, A CALIFORNIA LIMITED PARTNERSHIP; AND MAKING CERTAIN OTHER FINDINGS WHEREAS, the City of Anaheim ( "City ") is a California municipal corporation; and WHEREAS, the Anaheim Housing Authority ( "Authority ") is a public body, corporate and politic and is duly organized and validly existing under the Housing Authorities Act, California Health & Safety Code Section 34240, et seq., and all successor statutes and implementing regulations thereto ( "Act "); and WHEREAS, the Anaheim Redevelopment Agency ( "Agency ") is a community redevelopment agency duly organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., ( " Act ") and has been authorized to transact business and exercise the power of a redevelopment agency pursuant to action of the City Council ( "City Council ") of the City of Anaheim; and WHEREAS, the Amended and Restated Redevelopment Plan for the Anaheim Merged Redevelopment Project was adopted by the City Council of the City of Anaheim by Ordinance Nos. 5913, 5914, 5915, 5916, 5917, 5918, and 6034; and WHEREAS, Agency receives tax increment revenues pursuant to Section 33670(b) of the Act and is required to deposit not less than thirty percent (30 %) of the tax increment revenues allocated to Agency into Agency's Low and Moderate - Income Housing Fund ( "Housing Fund ") pursuant to Sections 33333.10, 33333.11, 33334.2 and 33334.6 of the Act and to use such funds in order to increase, improve, and preserve the community's supply of low and moderate - income housing available at an affordable housing cost; and WHEREAS, Agency is authorized and empowered under the Act to provide funding for the production, improvement, or preservation of affordable housing including the construction of new privately owned apartments and appurtenant improvements with tax increment revenues from the Agency's Housing Fund; and WHEREAS, in furtherance of Agency's and Authority's objective to expand and improve the supply of affordable housing for Very Low Income Households and Low Income Households, to develop viable urban communities by providing decent housing and a suitable living environment, and to expand economic opportunities for persons of Low and Very Low Income, Authority will be allocated funds from the Housing Fund pursuant to the Cooperation Agreement between Authority and Agency (attached to this resolution) and desires to expend these funds for the Project and the implementation of the Agreement described herein; and F-A DOCS \ADMIN,STAFFRF.PASRS6COSDGIm Agency Resolution DOC WHEREAS, Authority is empowered to enter into agreements and to carry out affordable housing projects and programs benefiting Very Low Income and Low Income persons, families, and households; and WHEREAS, the City and Authority is currently implementing a coordinated multi -year strategy for affordable housing as approved in the 2005 -2009 City of Anaheim Consolidated Plan ( "Consolidated Plan "), and a program of acquisition and rehabilitation of existing multi - family rental housing, including senior housing, in certain target areas in the community ( "Program "); and WHEREAS, Authority and Elm Street Commons, a California Limited Partnership ( "Developer ") previously entered into certain Exclusive Negotiating Agreement relating to the acquisition and construction of a 52 -unit multi - family affordable housing development called Elm Street Commons ( "Project "); and WHEREAS, the Project is proposed to be constructed and developed on certain real property located at I I1 -125 West Elm Street, Anaheim, California ( "Site "), which Site is also located within the Commercial /Industrial constituent project area of the Anaheim Merged Project Area; and WHEREAS, Authority staff and the Developer have negotiated the terms and conditions for the construction and development and long term operation of a 52 -unit multi - family affordable housing project ( "Project ") as set forth in the Affordable Housing Agreement ( "Agreement "); and WHEREAS, capitalized terms in this Resolution are defined in the Agreement, unless otherwise defined in this Resolution; and WHEREAS, pursuant to the Agreement Authority (and Agency through the Cooperation Agreement) will provide financial assistance to Developer for the Project through a residual receipts loan of up to Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000), all of which will be funded from the Agency's Housing Fund, or as much as is disbursed in accordance with the Agreement; and WHEREAS, all fifty -two (52) Housing Units will be covenanted for and occupied by Very Low and Low Income Households at an Affordable Rent for the fifty five year Affordability Period; and WHEREAS, Agency desires pursuant to a Cooperation Agreement between Agency and Authority to transfer Housing Fund monies to Authority for the Project ( "Cooperation Agreement "); and WHEREAS, in addition to and concurrent with its action consenting to the Agreement, Agency desires to approve the Cooperation Agreement by this Resolution; and WHEREAS, Agency's financial participation in the Project will be in the public interest in that it will increase affordable housing and implement the Agency's Implementation Plan and Inclusionary Plan and will meet goals and objectives of the City's Consolidated Plan; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed Cooperation Agreement and has reviewed the Affordable Housing Agreement and believes the Project and these agreements are in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local law requirements; and F.\ DOCS \ADMIN \STAFFREP \SRS6C04DBIm Agency Rcsulutio .DOC NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Anaheim Redevelopment Agency as follows: Section 1. Pursuant to Resolution No. PC2006 -52 the findings relating to the Project required by and pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000, et seq. ( " CEQA ") were made as set forth in said resolution. The Agreement and Cooperation Agreement are financing agreements under CEQA and such agreements will facilitate implementation of the Project approved by Resolution No. PC2006 -52 and were contemplated as a part of the Project considered and approved by Resolution No. PC2006 -52, including all necessary CEQA findings. Section 2. Agency approves the Cooperation Agreement between the Agency and Authority, with such changes mutually agreed upon by the Authority Executive Director (or designee) and the Agency Executive Director (and/or the City Manager (or designee)), and legal counsel as are minor and in substantial conformance with the form of the Cooperation Agreement that has been submitted with this Resolution. The Chairman and Secretary are authorized to execute and attest the Cooperation Agreement, including implementing documents, on behalf of Agency. In such regard, the Agency Executive Director (or designee) is authorized to cause the Chairman and Secretary to sign the final version of the Cooperation Agreement after completion of such non - substantive, minor revisions, if any. 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 Agency Executive Director (or designee) is authorized to implement the Cooperation Agreement and take all further actions necessary to carry out the Cooperation Agreement. The Agency Executive Director (or designee) is authorized to the extent necessary during the implementation of the Cooperation Agreement to make technical or minor changes after execution, as necessary to properly implement and carry out the Cooperation Agreement, provided the changes shall not in any manner materially affect the rights and obligations of the Agency. Section 3. Agency consents to the Affordable Housing Agreement between the Anaheim Housing Authority and Elm Street Commons, a California Limited Partnership. Section 4. The Agency Secretary shall certify to the adoption of this Resolution. F.\ DOCS \ADM1N \STAFFREP \SRS6C04DEIm Agency Resolution.DOC APPROVED AND ADOPTED this 12"' day of December June, 2006 by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 AUTHORITY MEMBERS: Chairman Pringle, Authority Members Sidhu, Hernandez, Galloway AUTHORITY MEMBERS: AUTHORITY MEMBERS: AUTHORITY MEMBERS: Authority Member Kring AN IM REDEVEJA 4ENT AGENCY AA.Ao�1?5 rman A' t APPROVED AS TO FORM: JACK ATTORNEY John dheaJ Assistant City Attorney APPROVED AS TO FORM: STRADLING YOCCA CARLSON & RAUTH Special Counsel F.\ DOCS \ADMIN`STAFFREP \SRS6CO4DEIm Agency Resolution.DOC ATTACHMENTS TO RESOLUTION ATTACH COPIES OF FINAL AFFORDABLE HOUSING AGREEMENT AND FINAL COOPERATION AGREEMENT DOCSOCn20002sv1 /022621 -o12c