RES-2006-052RESOLUTION N0. 200b-U52
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSTfION AND DEVELOPMENT AGREEMENT WITH
BROOKFIELD OLIVE STREET LLC AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project
(the "Redevelopment Plan"); and
WHEREAS, the Agency desires to redevelop those approximately eighteen andtwenty-two
hundredths (18.22) acres generally located at 6l 0 South Olive Street and 525 East South
Street in the City of Anaheim (the "Agency Parcels"}, as well as those approximately two and
one tenth (2.1) acres generally located at 711 East South Street (the "Developer Parcel"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of March 15, 2006 (the
"DDA") by and between the Agency and Brookfield Olive Street LLC, (the "Developer")
pursuant to which (i) the Agency would sell the Agency Parcels to the Developer, {ii)
Developer would acquire the Developer Parcel, and (iii) the Developer would construct
housing on the Agency Parcels and the Developer Parcel (collectively, the "Site") for
subsequent sale to low ormoderate-income persons or families at affordable housing costs,
requiring that such houses remain continuously occupied bylow ormoderate-income owners
at an affordable housing cost for the period of the covenants set forth therein (the "Housing
Project"); and
WHEREAS, pursuant to Section 33433 of the California Redevelopment Law ("CRL"), the
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 Agency Parcels 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 DDA, Agency staff has had prepared, and the Agency
has reviewed and considered, a "summary report" setting forth:
(i) the cost of the DDA to the Agency,
(ii) the estimated value of the interests to be sold to the Developer, determined at
the highest and best uses permitted under the Redevelopment Plan,
(iii) the estimated value of the interests to be sold, determined at the uses and with
the conditions, covenants and development costs required by the sale, and
(iv) the purchase price for the Developer's acquisition of the Agency Parcels; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, the Housing Project will assist with the removal of blight within the
Redevelopment Project and is consistent with the implementation plan adopted by the Agency
for the Redevelopment Plan pursuant to Section 33490 of the CRL (the "Implementation
Plan"); and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.) ("CEQA"), and the CEQA Implementing Guidelines (14 California
Code of Regulations Section 15000 et seq.) (the "Guidelines"}, the City of Anaheim (the
"City") adopted and certified Anaheim General Plan and Zoning Code Update Environmental
Impact Report No. 330 (the "General Plan Update EIR") in connection with the City's
General Plan update in 2004 (as updated, the "General Plan"); and
~"" WHEREAS, the General Plan Update EIR is a Program EIR under CEQA and the
Guidelines, addressing the environmental impacts from the City's ultimate build-out,
considering maximum densities and the effects thereof, and establishing a mitigation
monitoring program which requires, among other things, subsequent focused studies and the
implementation of mitigation measures where required; and
WHEREAS, the Agency has reviewed and determined that the Housing Project falls within
the scope of the activities addressed in the General Plan Update EIR and the General Plan
Update EIR adequately describes the Housing Project for purposes of CEQA because (i) the
General Plan Update EIR is a Program EIR, (ii) the Housing Project is consistent with the
General Plan, (iii}the Housing Project presents no new environmental effects which could
occur that were not examined in the General Plan Update EIR, and (iv) there is no new
information to suggest that new mitigation measures would be required of the Housing
Project; and
WHEREAS, the Anaheim Housing and Community Development Commission has
recommended that the City Council of the City and the Governing Board of the Agency
approve the DDA and the conceptual site plan and elevations for the Housing Project; and
WHEREAS, pursuant to the CRL, the Agency Governing Board and the City Council of the
City have conducted a duly noticed joint public hearing on the DDA, 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 DDA 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, and is in accord with the
public purposes and provisions of applicable state and local law and requirements.
2
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 Agency's disposition of the Agency Parcels pursuant
to the DDA is not less than the fair reuse value in accordance with conditions,
covenants and development costs required by the DDA,
(ii) the development of the Housing Project will assist in the elimination of blight
in the Redevelopment Project area, will contribute to the provision of housing
for low and moderate-income persons, and is consistent with the
Implementation Plan adopted by the Agency for the Redevelopment Plan.
Section 3. Approval of DDA. The DDA, a copy of which is on file with the Secretary of
the Agency, is hereby approved.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY-EIGHTH
(28TH DAY OF MARCH, 2006, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: Nvne
ABSENT: None
MAYOR
ATTEST:
C CLE
61162.1