RES-2009-087RESOLUTION NO. 2009 -087
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A COOPERATION AGREEMENT 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 those certain three (3) parcels of real property consisting of approximately
two and seventy six hundredths (2.76) acres and generally located at 2121 Manchester
Avenue in the City of Anaheim (the "Site and
WHEREAS, the Housing Authority is endeavoring to redevelop the Site as a multi family
affordable housing project; to this end, the Housing Authority intends to enter into that certain
Affordable Housing Agreement of even date herewith with Manchester Park and Orangewood
Vista (jointly, the "Developers with respect to development of an affordable housing project
the `Housing Project on the Site (the "Affordable Housing Agreement and
WHEREAS, the Housing Authority owns two (2) of the parcels which comprise the Site (the
"Housing Authority Parcels while the Redevelopment Agency owns the remaining parcel
the "Redevelopment Agency Parcel"): and
WHEREAS, the Redevelopment Agency utilized Housing Set -Aside Funds to acquire and
prepare the Redevelopment Agency Parcel for subsequent transfer to Housing Authority for
the development of the Housing Project; and
WHEREAS, in order to implement the Redevelopment Plan, the Redevelopment Agency
desires to enter into that certain Cooperation Agreement (Transfer of Manchester Affordable
Housing Site Agency -owned Parcel) dated as of May 1, 2009 (the "Cooperation Agreement
with the Housing Authority pursuant to which (i) the Redevelopment Agency would transfer
the Redevelopment Agency Parcel to the Housing Authority, and (ii) the Housing Authority
would use the Redevelopment Agency Parcel and the Housing Authority Parcels in order to
implement the Affordable Housing Agreement and provide for the Housing Project; and
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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 Redevelopment Agency Parcel 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 v alue 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
Redevelopment Agency Parcel; and
WHEREAS, the 33433 Summary Report concludes the consideration for Redevelopment
Agency's disposition of the Redevelopment Agency Parcel 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, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 rr seq.) and the CEQA Implementing Guidelines (14 California
Code of Regulations Section 1 5000 et seq.) the "Guidelines the City of Anaheim (the
"City`') adopted and certified Anaheim General Plan and Zoning Codc 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 Redevelopment Agency has reviewed and determined that the Housing
Project falls within the scope of the activities addressed in the General Plan Update EIR and
thc 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 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 ity of Anaheim and thc 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.
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
Redevelopment Agency Parcel 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
._ovenants and conditions and development costs under the Cooperation
\greemcnt and the Affordable Housing Agreement, and
ii) thc development of the Housing Project will assist in the elimination of blight
and is consistent with the Implementation Plan adopted by the Redevelopment
\gcncv 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.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY -SIXTH (26TH)
DAY OF MAY, 2009, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu,
Galloway, Kring
NOES:
ABSTAIN: NONE
ABSENT: NONE
7''981.1
NONE
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6/14 MAYOR