RES-2007-065RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
MERTCO, INC. AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
RESOLUTION NO. 2007 -065
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 acquired several parcels of real property from Caltrans, including
the following "Agency Parcels," deemed to be remnants from the construction of various
improvements to Interstate 5:
(i)
that approximately thirty -five thousand two hundred sixty -five (35,265) square
foot parcel of real property generally located at Fir Avenue and Ivy Lane at
Interstate 5 in the City and bearing Assessor's Parcel Number 072 484 -13,
(ii) that approximately twelve thousand (12,000) square foot parcel of real
property generally located at Maple Street and Interstate 5 in the City and
bearing Assessor's Parcel Number 072 476 -29,
(iii) that approximately fourteen thousand eight hundred sixty -six (14,866) square
foot parcel of real property generally located at Catalpa Street and Interstate 5
in the City and bearing Assessor's Parcel Numbers 072 478 -19 and 072 -478-
21,
(iv) that approximately thirteen thousand three hundred (13,300) square foot parcel
of real property generally located at Walnut and Broadway in the City and
bearing Assessor's Parcel Numbers 036 031 -23, 036 031 -40 and 036 031 -42,
(v) that approximately twenty thousand six hundred (20,600) square foot parcel of
real property generally located at Santana Ana and Interstate 5 in the City and
bearing Assessor's Parcel Number 036 091 -21, and
(vi) that approximately thirty-two thousand (32,000) square foot parcel of real
property generally located at South Street and Bellevue /Illinois in the City and
bearing Assessor's Parcel Number 036 252 -35 and 036 303 -26; and
WHEREAS, the Agency intended to redevelop the Agency Parcels as an affordable housing
project; however, the Agency's intended use proved to be unviable; and
WHEREAS, the Agency solicited bids for the acquisition and development of the Agency
Parcels and selected Mertco, Inc. (the "Developer as the most qualified under the criteria
established in the solicitation; and
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WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of May 1, 2007 (the "DDA
by and between the Agency and the Developer pursuant to which (i) the Agency would sell
the Agency Parcels to the Developer, and (ii) the Developer would construct housing on the
Agency Parcels for subsequent sale (the "Housing Project and
WHEREAS, the Agency intends to transfer the proceeds from the sale of the Agency Parcels
under the DDA to the Agency's fund which provided the funding for the Agency's
acquisition of the Agency Parcels from Caltrans; 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 "33433 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 33433 Summary Report concludes that as a result of the open and
competitive nature of the solicitation process used by the Agency for the disposition of the
Agency Parcels, the purchase price for the Agency Parcels under the DDA equals fair market
value; 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 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
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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, 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.
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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 market value, 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 Agency for the
Redevelopment Plan.
Section 2. 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 FIFTEENTH (15TH)
DAY OF MAY, 2007, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
CITY CLERK
65437.1
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
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MAYOR