2002-168RESOLUTION NO. 2002R-168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
MAKING CERTAIN FINDINGS IN CONNENCTION WITH THE CITY'S
SUBMITTAL OF A BROWNFIELDS ECONOMIC DEVELOPMENT
INITIATIVE GRANT APPLICATION TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR
FUNDING ASSISTANCE RELATED TO REDEVELOPMENT OF THE
WESTGATE PROJECT ON FORMER LANDFILL PROPERTIES AT
THE NORTHEAST CORNER OF BEACH BOULEVARD AND LINCOLN
AVENUE IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA
WHEREAS, the City of Anaheim ("City") is a municipal corporation and charter city of
the State of California, authorized and empowered to conduct the municipal affairs of the City;
WHEREAS, the City Council of the City of Anaheim ("City Council") is the legislative
and governing body of the City;
WHEREAS, the Anaheim Redevelopment Agency ("Agency"), a public body corporate
and politic, is a community redevelopment agency organized, existing and exercising its powers
pursuant to the California Community Redevelopment Law, Health and Safety Code Section
33000, et seq. (the "CRL");
WHEREAS, the West Anaheim Commercial Corridors Redevelopment Plan
("Redevelopment Plan") and the West Anaheim Commercial Corridors Project Area boundaries
were duly established and adopted in accordance with the CRL;
WHEREAS, the Agency is vested with the power to implement the Redevelopment Plan
in order to carry out its adopted goals and objectives;
WHEREAS, in specific implementation of the Redevelopment Plan, the Agency and the
City are desirous of undertaking redevelopment of a vacant, former landfill and adjacent,
marginal commercial uses totaling thirty (30) acres of real property located within the West
Anaheim Commercial Corridors Project Area at the northeast corner of Beach Boulevard and
Lincoln Avenue in the City of Anaheim, California (the "Westgate Site");
WHEREAS, the Agency, in cooperation and partnership with Zelman Retail Partners, is
negotiating to assemble the multiple parcels that comprise the Westgate Site and intend to
redevelop the Westgate Site into a new and modern neighborhood shopping center totaling
approximately 275,000 square feet and a public plaza (the "Westgate Project");
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WHEREAS, the majority of the Westgate Site was formally operated as landfills;
WHEREAS, environmental assessments and reports have determined that soil
contamination resulting from the degradation of refuse necessitates remediation activities that
may include grading and installation of a soil cap, impermeable membrane and special building
support footings in order to redevelop the property for commercial uses;
WHEREAS, the United States Department of Housing and Urban Development has
made available Brownfields Economic Development Initiative grants ("BEDI Grants"). BEDI
Grants are designed to help cities redevelop abandoned, idled or underutilized industrial and
commercial facilities where expansion or redevelopment is complicated by real or perceived
environmental contamination;
WHEREAS, BEDI Grants provide funding to local governments to be used in
conjunction with Section 108 loan guarantees to finance redevelopment of Brownfields sites.
BEDI Grants are conditioned upon, and must be used in conjunction with, a new Section 108
guaranteed loan commitment;
WHEREAS, the Community Development Department of the City has submitted an
application to the Secretary of the United States Department of Housing and Urban Development
for a BEDI Grant in the amount of $650,000 in order to facilitate assembling the parcels
necessary for this project and designing and installing special engineering programs to effectuate
the development of the Westgate Project;
WHEREAS, if the City is awarded a BEDI Grant, a condition of the grant is that the City
will apply for a new Section 108 loan guarantee in the anticipated amount of $6,500,000, whose
repayment by program rules will be secured by the City' s future Community Development Block
Grant (CDBG) allocations. However, the Agency and the City anticipate that the repayment
obligation will be transferred to the incremental site specific revenues including sales tax revenue
generated by the Westgate shopping center so as to not jeopardize the funding of CDBG
programs. Without the Section 108 loan component, the BEDI grant will not be funded.
NOW THEREFORE, the Anaheim City Council does hereby find and resolve the
following:
1. The City Council finds the foregoing Recitals are true and correct and are hereby
made a substantive part of this Resolution.
2. The City Council certifies that the City meets the criteria for the BEDI Grant
program and respectfully requests that the United States Department of Housing and Urban
Development accept the application for review and approval.
3. The City Council certifies that the City has the authority to carry out the work
included in the BEDI Grant program.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS 23 (rd) DAY
OF .T,, 1 x.?. , 2002.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
~HEiM
APPROVED AS TO FORM:
ATTORNEY
AS~TANT CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 1999R-168 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 23rd day of July, 2002, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
,~I~Y"CLEI~'K OF ~HE CITY OF ANAHEIM
(SEAL)