ARA2005-01RESOLUTION NO. ARA 2005- 01
A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY AUTHORIZING AN APPROPRIATION OF
FUNDS RECEIVED FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY UNDER THE BROWNFIELDS CLEANUP
REVOLVING LOAN FUND PROGRAM FOR THE CLEANUP OF THE
KWIKSET SITE AND OTHER SITES WITHIN THE CITY OF ANAHEIM
AND PROVIDING THE BASIS FOR THE REPAYMENT OF SUCH FUNDS
WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in
implementation of the Redevelopment Plan for the Anaheim Redevelopment Project (the
"Redevelopment Project ") pursuant to the Community Redevelopment Law (California
Health and Safety Code Section 33000, et seq.); and
WHEREAS, as permitted under the Community Redevelopment Law, the Agency has
entered into that certain Agreement dated as of May 16, 2001 by and between Voit Anaheim
Business Park, LLC, ( "Voit ") as seller, and the Agency, as buyer, (the "Voit/Agency
Purchase Agreement') with respect to that approximately sixteen and fifteen hundredths
(16.15) acre parcel of real property in the City of Anaheim, California (the "City ") commonly
described as 516 East Santa Ana Street (the "Kwikset Site "); and
WHEREAS, as permitted under the Community Redevelopment Law, the Agency desires to
redevelop the Kwikset Site, together with those properties generally located on the east side
of Atchison between Santa Ana and the abandoned Water Street which the Agency or a third
party developer may acquire (the "Atchison Third Party Properties "), as an integrated
affordable housing project consisting of multi - family rental and single family for -sale
developments (the "Kwikset Residential Project'); and
WHEREAS, the Agency has determined that it is necessary that the Agency provide for the
environmental cleanup of the Kwikset Site in order to convey the Kwikset Site to a developer
or developers for subsequent development of the Kwikset Residential Project (the "Kwikset
Site Conveyance "); and
WHEREAS, in connection with the Kwikset Residential Project, the Agency has previously
adopted a resolution authorizing the use of the Polanco Redevelopment Act (California
Health and Safety Code Section 33459, et seq.) to assist in the environmental cleanup, reuse
and redevelopment of the Kwikset Site; and
WHEREAS, Section 33601 of the Community Redevelopment Law permits an agency to
borrow money or accept financial assistance from the federal government for any
redevelopment project within its area of operation and comply with any conditions of such
loan or grant; and
WHEREAS, the Agency and the Environmental Protection Agency (the "EPA ") have
entered into that certain Brownfields Cleanup Revolving Loan Fund Cooperative Agreement
(the ` BCRLF Cooperative Agreement ") pursuant to which the Agency will receive certain
funds (the "EPA Funds ") in order to provide for the environmental cleanup of various
properties in the City of Anaheim (the "Contaminated Properties "); and
WHEREAS, under the BCRLF Cooperative Agreement, the EPA Funds will be provided to
the Agency as needed to meet specific expenses incurred by the Agency for the
environmental cleanup of the Contaminated Properties; and
WHEREAS, as required under the BCRLF Cooperative Agreement, the Agency has
established a revolving fund (the "Agency's Brownfields Cleanup Revolving Loan Fund ") to
be capitalized initially by the deposit of the EPA Funds; and
WHEREAS, the Agency intends to utilize a portion of the EPA Funds in the first instance to
assist with the environmental cleanup of the Kwikset Site and thereafter utilize a portion of
the proceeds received by the Agency in connection with the Kwikset Site Conveyance or any
other legally available funds to replenish the Agency's Brownfields Cleanup Revolving Loan
Fund; and
WHEREAS, the Agency intends to utilize the remaining EPA Funds, together with the funds
in the Agency's Brownfields Cleanup Revolving Loan Fund, to fund the environmental
cleanup of additional Contaminated Properties as authorized under the BCRLF Cooperative
Agreement.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Appropriation of Funds for the Kwikset Site. The Governing Board hereby
authorizes and directs the Executive Director to appropriate EPA Funds available or to be
made available by the EPA pursuant to the BCRLF Cooperative Agreement for the purpose of
providing for the environmental cleanup of the Kwikset Site.
Section 2. Appropriation of Funds for Additional Contaminated Properties. The
Governing Board further authorizes and directs the Executive Director to appropriate, from
time to time, additional EPA Funds available or to be made available by the EPA pursuant to
the BCRLF Cooperative Agreement, together with funds deposited within the Agency's
Brownfields Revolving Loan Fund pursuant to Section 3 hereof, for the purpose of providing
for the environmental cleanup of the additional Contaminated Properties as authorized under
the BCRLF Cooperative Agreement.
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Section 3. Repayment of Appropriated Funds; Replenishment of Agency's
Brownfields Cleanup Revolving Loan Fund. The Agency hereby authorizes and directs the
Executive Director to deposit funds in an amount equal to the funds appropriated pursuant to
Section 1 hereof and any interest thereon consistent with the terms and conditions set forth in
the BCRLF Cooperative Agreement (the " Kwikset Revolving Loan Fund Repayment
Amount ") into the Agency's Brownfields Cleanup Revolving Loan Fund within five (5) years
from the date of this Resolution from the proceeds received by the Agency in connection with
the Kwikset Site Conveyance or any funds legally available.
The Agency hereby further authorizes and directs the Executive Director to deposit,
from time to time, funds in an amount equal to the funds appropriated pursuant to Section 2
hereof and any interest thereon consistent with the terms and conditions set forth in the
BCRLF Cooperative Agreement (each, an "Additional Contaminated Properties Revolving
Loan Fund Repayment Amount ") into the Agency's Brownfields Cleanup Revolving Loan
Fund from the proceeds received by the Agency in connection with the conveyance of each of
the additional Contaminated Properties (or any funds legally available at the time of the each
such conveyance); provided that, in the event that any such conveyance does not occur
within five (5) years from the date the applicable appropriation is made, funds in an amount
equal to the applicable Additional Contaminated Properties Revolving Loan Fund
Repayment Amount shall be deposited into the Agency's Brownfields Cleanup Revolving
Loan Fund from any legally available Agency funds.
The repayment obligations of the Agency hereunder do not constitute a pledge of any
particular funds and are and shall be subordinate to any pledge or other commitment of the
Agency made in connection with any Agency bonds, now or hereafter issued.
Section 4. EPA Conditions and Requirements. As part of the use of the EPA Funds,
the Agency hereby incorporates by reference the requirements and conditions of the EPA as
contained in the BCRLF Cooperative Agreement, including the requirement that the cleanup
be completed in compliance with CERCLA and consistent with the NCP as well as in
accordance with the applicable Federal cross cutting requirements. The Agency also agrees
to ensure that its contractors use the EPA Funds and the funds in the Agency's Brownfields
Cleanup Revolving Loan Fund in compliance with the BCRLF Cooperative Agreement.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS EIGHTH (8TH) DAY OF FEBRUARY, 2005, BY THE FOLLOWING ROLE
CALL VOTE:
AYES: Chairman Pringle, Agency rlembers Sidhu, Galloway, Chavez,
Hernandez
NOES: None
ABSTAIN: None
ABSENT: None
CHAIRMAN
ATTEST:
AGENCY CRETARY
56938.1
S