AHA-2007-003RESOLUTION NO. AHA2007-003
A RESOLUTION OF THE ANAHEIM HOUSING AUTHORITY APPROVING
THE FOURTH AMENDMENT TO AFFORDABLE HOUSING AND
NEIGHBORHOOD REVITALIZATION AGREEMENT; AUTHORIZING THE
EXECUTIVE DIRECTOR TO NEGOTIATE THE TERMS OF AND ENTER
INTO ANY PHASE 4 IMPLEMENTATION AGREEMENT(S) CONSISTENT
WITH THE FOURTH AMENDMENT; APPROVING THE RELOCATION PLAN
THEREFOR; AUTHORIZING THE EXECUTIVE DIRECTOR TO CARRY OUT
SUCH AGREEMENTS AND PLAN; AND MAKING CERTAIN OTHER
FINDINGS IN CONNECTION THEREWITH
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, Authority is empowered to enter into agreements and to carry out affordable
housing projects and programs benefiting Lower Income persons, families, and households; and
WHEREAS, Authority and Anaheim Revitalization Partners, L.P., a California limited
partnership ("Phase 1 Developer"), and Authority and Anaheim Revitalization II Partners, L.P.,
a California limited partnership ("Phase 2 Developer"), and Anaheim Revitalization III Partners,
L.P., a California limited partnership ("Phase 3 Developer") previously entered into certain
agreements relating to the revitalization, acquisition, rehabilitation and community improvement of a
certain neighborhood commonly referred to as the "Jeffrey/Lynne Neighborhood" or as subsequently
named "Hermosa Village", for Phase 1, Phase 2, and Phase 3 of an affordable housing revitalization
project; and
WHEREAS, the Jeffrey/Lynne Neighborhood is bounded on the west by 9th Street, on the
north by Cerritos Avenue, on the east by Walnut Avenue, and on the south by a utility easement in
the City of Anaheim, and consists of approximately 31 acres of medium-density housing; and
WHEREAS, there are approximately 725 dwelling units in the Jeffrey/Lynne Neighborhood,
predominantly contained within various multi-family apartment buildings (such as four-plexes,
six-plexes, and eight-plexes) built in the late 1950's and early 1960's; and
WHEREAS, until undertaking Phase 1, Phase 2, and Phase 3 of the revitalization of the
Jeffrey/Lynne Neighborhood, such area was (and, unless and until the Phase 4 Project is approved by
this Resolution and implemented pursuant to the Fourth Amendment described herein, Phase 4
remains) physically blighted and suffers from severe overcrowding, shortages of parking and usable
open space, problems with traffic and security, substandard housing, and considerable deferred
maintenance; and
WHEREAS, Authority has also found a continuing and substantial need in the community
for additional family apartment units to be available for the longest feasible period to persons and
families of Extremely Low Income, Very Low Income and Lower Income (and Moderate-Income, as
applicable) at an Affordable Housing Cost, as those terms are defined in the herein and in applicable
sections of the California Health & Safety Code; and
WHEREAS, Authority and Anaheim Revitalization IV Partners, L.P., a California limited
partnership, ("Developer" or "Phase 4 Developer") desire to proceed with Phase 4 of the
revitalization of the Jeffrey/Lynne Neighborhood; and
WHEREAS, Authority and the Phase 4 Developer desire to enter into the
Fourth Amendment to Affordable Housing and Neighborhood Revitalization Agreement
("Agreement" or "Fourth Amendment"); and
WHEREAS, capitalized terms used in this Resolution are as defined in the
Fourth Amendment, unless otherwise defined herein; and
WHEREAS, the salient provisions and objectives of the proposed Fourth Amendment
between Authority and Phase 4 Developer include: (1) set forth the terms, conditions, and
performance obligations of all parties; (2) provide for Authority's financial participation in Phase 4
in an amount not to exceed the Authority Appropriation of Seven Million Six Hundred Thousand
Dollars ($7,600,000.00); (3) in connection with and as a condition precedent to provision of the
Authority Loan under the Fourth Amendment and implementation of Phase 4 of the Project, the
Executive Director shall review, negotiate and establish the terms of, and consent to the refinancing
of the Paseo Village project in the City (another and separate Authority project) from which
refinancing a portion of the equity proceeds will be paid to Authority and thereby available to be
expended on, and will be a source of the proceeds and funding for, the Authority Loan to Developer
for Phase 4; (4) cause all terms and conditions of the Revitalization Plan Agreement and all
implementing Phase 1 Project Documents, Phase 2 Project Documents, and Phase 3 Project
Documents relating to Phase 4 of the Project, as and if applicable, to be assigned by the Phase 1
Developer, Phase 2 Developer, and Phase 3 Developer, as applicable, to Phase 4 Developer and to be
fully assumed by Phase 4 Developer, as applicable, for implementation of Phase 4 of the Plan;
(5) establish acceptable terms, provisions, and rights to cure related to the Authority ground lease to
be entered into between Authority and Phase 4 Developer and related subordination agreement(s) for
construction and permanent financing for Phase 4; (6) proceed with Phase 4 of the Project in one or
more sub-phases, as hereinafter more fully described and defined, and (7) authorize the Authority
Executive Director to negotiate and enter into the necessary implementing agreements by, between,
and/or among Authority, City, Agency, Phase 1 Developer, Phase 2 Developer, Phase 3 Developer,
and Phase 4 Developer hereunder to carry out Phase 4 of the Plan, so long as: (a) the Phase 4
Property parcels and Housing Units to be implemented as a part of the Plan and implementation of
the Fourth Amendment is/are denoted and included in Attachment 1 and Attachment 1-A thereto,
(b) such implementing agreements are consistent with and within the scope of the terms and
provisions of the Fourth Amendment, (c) Authority's financial participation in Phase 4 shall in no
event exceed the Authority Appropriation provided hereunder of $7,600,000 (without separate
amendment of the Fourth Amendment by this Authority Board), (d) Authority's financial
participation in Phase 4 is subject to the successful refinancing and consent thereto of the
Paseo Village project; and (e) all Phase 4 Property parcels and multi-family Housing Units that are
the subject of such implementing documents are vested in the Authority (including conveyance of the
two parcels of the Phase 4 Property already acquired by the Agency, as described in the Fourth
Amendment) subject to recorded affordable housing restrictions that obligate use, operation, property
management, occupancy, and occupancy standards of the Phase 4 Property only for persons. and
families of 30% AMI Very Low Income Households, 40% AMI Very Low Income Households, 50%
AMI Very Low Income Households, and 60% AMI Low Income Households, Extremely Low
Income, Very Low Income, and Lower Income (and/or Moderate Income, as applicable) at an
Affordable Housing Cost for not less than 57 years and that such restrictions fully comply with all
applicable federal, state, and local laws required and arising from the funding source(s) committed to
such parcels and units within Phase 4; and
WHEREAS, Authority anticipates that a maximum total number of Housing Units (which
will be not less than 16 units nor more than 60 units) will be included for rehabilitation and operation
as long term affordable housing as a part of the Plan and in implementation of Phase 4; and
WHEREAS, Authority desires that the allocation of up to all or a portion of the Authority
Appropriation by Authority to Developer for all of Phase 4, or any sub-phase of Phase 4, shall be
determined by the Executive Director pursuant to the discretion delegated and vested by Authority in
the Executive Director by this Resolution and as further provided in the Fourth Amendment and
pursuant to one or more Phase 4 Implementation Agreements; and
WHEREAS, Authority desires to approve the Relocation Plan for the Jeffrey Lynne
Neighborhood Perimeter Area Project dated as of February 2005 (as updated and supplemented for
Phase 4); and
WHEREAS, the Fourth Amendment is in the vital and best interest of the Authority and the
City of Anaheim, and the health, safety and welfare of its residents, and is of benefit to the Agency
and its Merged Project Area and is contemplated by the Agency's Implementation Plan for the
Merged Project Area adopted and in place pursuant to Section 33490 of the CRL.
NOW, THEREFORE, BE IT RESOLVED BY THE ANAHEIM HOUSING
AUTHORITY:
Section 1. The foregoing recitals are a substantive part of this Resolution.
Section 2. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000, et seq. ("CEQA"), Authority finds: (i) the acquisition and
rehabilitation contemplated by the Fourth Amendment is categorically exempt, Class 3, pursuant to
Section 15301, Existing Facilities, of the CEQA Guidelines; further, (ii) the Fourth Amendment is a
financing tool to carry out Phase 4 of the Project and is also exempt pursuant to Section 15378(b)(4)
of the CEQA Guidelines. The environmental assessment of the Project has been undertaken by City
of Anaheim (and Authority and Agency) pursuant to a preliminary environmental description
prepared in connection with an application for the rehabilitation improvements related to the Plan
and for the Phase 4 Property. On that basis Authority approves a Notice of Exemption and directs
the City Clerk/Authority Secretary, or her designee, to file a Notice of Exemption with the
County Clerk of the County of Orange within five (5) days of the adoption of this Resolution.
Section 3. Authority hereby approves the Fourth Amendment to Affordable Housing and
Neighborhood Revitalization Agreement between and among Authority and Phase 1 Developer,
Phase 2 Developer, Phase 3 Developer, and Phase 4 Developer, with such changes mutually agreed
upon by the Authority Executive Director (or her duly authorized representative), the City Attorney,
and Developer as are minor and in substantial conformance with the form of the Fourth Amendment
which has been submitted to Authority as an attachment to the staff report related to this Resolution.
The Authority Chairman and the Authority Secretary/City Clerk are hereby authorized to execute and
attest the Fourth Amendment, including any related attachments, on behalf of Authority. In such
regard, the Authority Executive Director (or her duly authorized representative) is authorized to
cause the Chairman and Authority Secretary to sign the final version of the Fourth Amendment after
completion of any such non-substantive, minor revisions. Copies of the final form of the Fourth
Amendment, when duly executed and attested, shall be placed on file in the office of the City Clerk.
Further, the Authority Executive Director (or her duly authorized representative) is authorized to
implement the Fourth Amendment and take all further actions and execute all documents referenced
therein and/or necessary and appropriate to carry out Phase 4 of the Project as provided for and
within the scope of the Fourth Amendment. The Authority Executive Director (or her duly
authorized representative) is hereby authorized to the extent necessary during the implementation of
the Fourth Amendment to make technical or minor changes and interpretations thereto after
execution, as necessary to properly implement and carry out the Fourth Amendment, provided any
and all such changes shall not in any manner materially affect the rights and obligations of the
Authority or the maximum funding provided under the Fourth Amendment.
Section 4. Authority hereby approves the Relocation Plan for the Jeffrey Lynne
Neighborhood Perimeter Area Project dated as of February 2005 as updated and supplemented for
Phase 4 and with such changes mutually agreed upon by the Authority Executive Director (or her
duly authorized representative) and the City Attorney as are minor and in substantial conformance
with the form of the Relocation Plan which has been submitted herewith. Further, the Authority
Executive Director (or her duly authorized representative) is authorized to implement the Relocation
Plan and take all further actions and execute all documents referenced therein and/or necessary and
appropriate to carry out relocation related to Phase 4 of the Project as provided for and within the
scope of the Relocation Plan. The Authority Executive Director (or her duly authorized
representative) is hereby authorized to the extent necessary during the implementation of the
Relocation Plan to make technical or minor changes and interpretations thereto, as necessary to
properly implement and carry out the Relocation Plan, provided any and all such changes shall not in
any manner materially affect the rights and obligations of the Authority or the maximum funding
provided thereunder.
Section 5. In addition to the authorization set forth in Sections 3 and 4 above, the
Executive Director is hereby authorized, on behalf of the Authority, to sign all other documents
necessary or appropriate to carry out and implement the Fourth Amendment and the Relocation Plan,
including causing the issuance of warrants in implementation thereto, and to administer the
Authority's obligations, responsibilities and duties to be performed under the Fourth Amendment.
The Authority Secretary is authorized to attest all such agreements and other implementing
documents, as necessary and provided by the Executive Director.
Section 6. The Authority Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED THIS TWENTIETH (20~) DAY OF
MARCH, 2007 BY THE FOLLOWING ROLL CALL VOTE:
Chairman Prin le
AYES: AUTHORITY M~MBERS: Hernandez, Sidhu, Galloway, Kring
NOES: AUTHORITY MEMBERS: NONE
ABSENT: AUTHORITY MEMBERS: NONE
ABSTAIN: AUTHORITY MEMBERS: NONE
ANAHEIM USING AU ORITY
By:
Chairman
ATTEST:
Auth rity Secretary
64902.1