RES-2018-008RESOLUTION NO. 201 8-008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A COOPERATION AGREEMENT WITH THE ANAHEIM
HOUSING AUTHORITY SUBSTANTIALLY IN THE FORM SUBMITTED
WITH THIS RESOLUTION; AUTHORIZING THE DIRECTOR OF
COMMUNITY AND ECONOMIC DEVELOPMENT TO FINALIZE THE
EXCHANGE OF PROPERTIES AND PROVISION OF CERTAIN PARK FEE
CREDITS PURSUANT TO SUCH COOPERATION AGREEMENT;
AUTHORIZING THE DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT TO IMPLEMENT SUCH COOPERATION AGREEMENT;
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 Law, California
Health & Safety Code Section 34200, et sect., and all successor statutes and implementing regulations
thereto (the "HAL"); and
WHEREAS, pursuant to the HAL, the Authority is performing a public function and may
make and execute contracts necessary or convenient to the exercise of its powers; and
WHEREAS, the Authority is charged with carrying out various statutory duties as prescribed
by the HAL; and
WHEREAS, the Authority owns certain property adjacent to City Hall with street
boundaries of Broadway Avenue, Philadelphia Street, Olive Street and Lincoln Avenue consisting of
approximately 3.39 acres (the "Housing Authority Property"), as more fully described in Exhibit "A"
to that certain draft Cooperation Agreement as submitted herewith (the "Agreement"). The Housing
Authority Property was determined under an appraisal in October 2017 as having a value within a
range of $8,400,000 to $9,300,000; the midpoint of such figures is $8,850,000; and.
WHEREAS, the City owns certain property located at Harbor Boulevard and Carl Karcher
Way, as more fully described in Exhibit "B" to the Agreement (the "City Property"). The value of
the City Property has been determined to be within a range of $6,400,000 to $7,000,000; the
midpoint of such figures is $6,700,000; and
WHEREAS, the City and the Authority have each determined that the City Property would
represent a superior site for the future development of affordable housing in comparison to the
Housing Authority Property, and that the preferred use of the Housing Authority Property is for open
space under the auspices of the City. Accordingly, the City and the Authority desire to exchange the
City Property for the Housing Authority Property. Because the value of the Housing Authority
Property exceeds the value of the City Property by $2,150,000 (the "Differential Amount"), the City
has proposed to make available to the Authority in conjunction with the exchange of the properties as
described above credits for park fees ("Park Fee Credits") in the amount of the Differential Amount.
The Park Fee Credits will be useful to the Authority in connection with future efforts to attract and
support the development of affordable housing facilities on the Housing Authority Property; and
WHEREAS, the City Council has duly considered all terms and conditions of the proposed
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 finds and determines, based on all documentation,
testimony and other evidence in the record before it, that (a) the proposed exchange of properties
under the Agreement will promote the affordable housing objectives of the Authority and the land
use planning objectives of the City, and (b) the consideration being given to the City and the
Authority, respectively, is not less than the fair market value of the respective properties given the
inclusion of Park Fee Credits for the benefit of the Authority.
Section 3. The City Council hereby approves the Agreement between the Authority and
the City, with such changes as may be mutually agreed upon by the Authority Executive Director (or
his duly authorized representative), the City Attorney, and the Director of Community and Economic
Development (`Director") (or his duly authorized representative), respectively, as are minor and in
substantial conformance with the form of the Agreement submitted herewith. The Director and the
City Clerk are hereby authorized to execute and attest the Agreement, including any related
attachments, on behalf of City. In such regard, the Director (or his duly authorized representative) is
authorized to sign the final version of the Agreement after completion of any such non -substantive,
minor revisions. Copies of the final form of the Agreement, when duly executed and attested, shall
be placed on file in the office of the City Clerk. Further, the Director (or his duly authorized
representative) is authorized to implement the Agreement and take all further actions and execute all
documents referenced therein and/or necessary and appropriate to carry out the transaction
contemplated by the Agreement, including all exhibits thereto. The Director (or his duly authorized
representative) is hereby authorized to the extent necessary during the implementation of the
Agreement to make technical or minor changes and interpretations of the Agreement after execution,
as necessary to properly implement and carry out the Agreement, including all exhibits thereto,
provided any and all such changes shall not in any manner materially affect the rights and obligations
of the City under the Agreement.
Section 4. In addition to the authorization of Section 3 above, the Director is hereby
authorized, on behalf of the City, to sign all other documents necessary or appropriate to carry out
and implement the Agreement, including all exhibits thereto and including causing the issuance of
warrants in implementation thereto, and to administer the City's obligations, responsibilities and
duties to be performed under the Agreement, including all exhibits thereto.
Section 5. The City Cleric shall certify to the adoption of this Resolution.
2
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS 3011 DAY OF January, 2018,
BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ApNAHEIM
f
By:
Mayor
ATT
erk (Acting)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2018-008 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 301h day of January, 2018 by the following vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of January, 2018.
(��ClTfYTCLFJRK OF THE CITY OF ANAHEIM
(SEAL)