RES-2010-067RESOLUTION NO. 2010 -067
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A COOPERATION AGREEMENT (TRANSFER OF 700 E. SOUTH
STREET AFFORDABLE HOUSING SITE) BY AND BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND THE ANAHEIM HOUSING AUTHORITY
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment
Agency ") is engaged in implementation of the Redevelopment Plan for the Anaheim Merged
Redevelopment Project (the "Redevelopment Plan "); and
WHEREAS, pursuant to the California Community Redevelopment Law (the "CRL "),
the Redevelopment Agency is required to expend a certain portion of the taxes which are
allocated to it pursuant to Section 33670 for the purposes of increasing, improving, and
preserving the community's supply of low- and moderate - income housing available at
affordable housing costs (the "Housing Set -Aside Funds "); and
WHEREAS, the Redevelopment Agency and the Housing Authority desire to assist
with the redevelopment of that certain parcel of real property (i) consisting of approximately
three and two - hundredths (3.02) acres, (ii) generally located at 700 E. South Street in the City
of Anaheim (the "Site "); to this end, the Redevelopment Agency and the Housing Authority
intend to enter into that certain Affordable Housing Agreement (700 E. South Street project)
dated as of June 8, 2010 with South Street Anaheim Housing Partners, L.P. (the "Developer ")
with respect to development of an affordable housing project (the "Housing Project ") on the
Site (the "Affordable Housing Agreement "); and
WHEREAS, the Redevelopment Agency owns Site; and
WHEREAS, the Redevelopment Agency utilized Housing Set -Aside Funds to acquire
and prepare the Site for subsequent transfer to Housing Authority for the development of the
Housing Project; and
WHEREAS, in order to implement the Redevelopment Plan and the Affordable
Housing Agreement, the Redevelopment Agency desires to enter into that certain Cooperation
Agreement (Transfer of 700 E. South Street Affordable Housing Site) dated as of June 1,
2010 (the "Cooperation Agreement ") with the Housing Authority pursuant to which (i) the
Redevelopment Agency would transfer the Site to the Housing Authority, and (ii) the
Housing Authority would use the Site in order to implement the Affordable Housing
Agreement and provide for the Housing Project; and
WHEREAS, pursuant to Section 33433 of the CRL, the Redevelopment Agency is
authorized, with the approval of the City Council of the City of Anaheim (the "City ") after
conducting a public hearing, to sell or lease the Site for development pursuant to the
Redevelopment Plan upon a determination by the City Council that the consideration for such
sale or lease is not less than fair reuse value at the use and with the covenants and conditions
and development costs authorized by the sale or lease; and
WHEREAS, in connection with the Cooperation Agreement, Redevelopment Agency
staff has had prepared, and the Redevelopment Agency has reviewed and considered, a
"33433 Summary Report" setting forth:
(i) the cost of the Cooperation Agreement to the Redevelopment Agency,
(ii) the estimated value of the interests to be transferred to the Housing Authority,
determined at the highest and best uses permitted under the Redevelopment
Plan,
(iii) the estimated value of the interests to be transferred, determined at the uses
and with the conditions, covenants and development costs required by the
transfer, and
(iv) the purchase price for the Housing Authority's acquisition of the Site; and
WHEREAS, the 33433 Summary Report concludes that the consideration for
Redevelopment Agency's disposition of the Site to Authority in order to implement the
Affordable Housing Agreement and provide for the Housing Project is not less than the fair
reuse value at the use and with the covenants and conditions and development costs under the
Cooperation Agreement and the Affordable Housing Agreement; and
WHEREAS, the Housing Project will assist with the removal of blight and is
consistent with the implementation plan adopted by the Redevelopment Agency for the
Redevelopment Plan pursuant to Section 33490 of the CRL (the "Implementation Plan"); and
WHEREAS, the Redevelopment Agency has conducted a review of the Housing
Project pursuant to the California Environmental Quality Act (Public Resources Code Section
21000 et seq.) ( "CEQA "), and the CEQA Implementing Guidelines (14 California Code of
Re�q►lations Section 15000 et seq.) (the "Guidelines "); and
WHEREAS, the Redevelopment Agency has determined that the Housing Project falls
within the scope of those affordable housing projects exempt from the requirement to prepare
additional environmental documentation under CEQA pursuant to Section 21159.23 of the
California Public Resources Code; and
WHEREAS, pursuant to the CRL, the Redevelopment Agency Governing Board and
the City Council of the City have conducted a duly noticed joint public hearing on the
Cooperation Agreement, at which public hearing all persons were given an opportunity to be
heard; and
WHEREAS, the City Council of the City has duly considered all of the terms and
conditions of the Cooperation Agreement and believes that the Housing Project is in the best
interests of the City of Anaheim and the health, safety, morals and welfare of its residents,
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and is in accord with the public purposes and provisions of applicable state and local law and
requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Section 33433 Findings. The City Council hereby finds and determines that,
based on substantial evidence in the record before it:
(i) the consideration for the Redevelopment Agency's disposition of the Site
pursuant to the Cooperation Agreement for subsequent development of the
Housing Project under the Affordable Housing Agreement is not less than the
fair reuse value at the use and with the covenants and conditions and
development costs under the Cooperation Agreement and the Affordable
Housing Agreement, and
(ii) the development of the Housing Project will assist in the elimination of blight
and is consistent with the Implementation Plan adopted by the Redevelopment
Agency for the Redevelopment Plan.
Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, a copy of
which is on file with the City Clerk, is hereby approved.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY- SECOND (22
DAY OF JUNE, 2010, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway
NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member Kring
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ATTEST
CITY CLERK
APPROVED AS TO FORM:
CRISTINAL. TALLEY, CITY ATTORNEY
C
77218.1
E. WOODHEAD IV
Lnt City Attorney
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