2003-006RESOLUTION NO. 2003R-6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDED AND RESTATED
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY
AND BROOKFIELD SOUTHLAND HOLDINGS, LLC.
REGARDING CERTAIN PROPERTY AT 2300 TO 2340
WEST LINCOLN AND MAKING CERTAIN
ENVIRONMENTAL AND OTHER FINDINGS IN
CONNECTION THEREWITH.
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the "Redevelopment Plan" for the West Anaheim Commercial Corridors
Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency to entered into a
certain Disposition and Development Agreement dated as of October 15, 2002 (the "DDA"), with
Brookfield Southland Holdings LLC ("Brookfield") pursuant to which (a) Agency would sell to
Developer that certain real property commonly known as 2340 West Lincoln Avenue (the
"Property"); (b) Developer would construct housing on the Property and. upon completion, sell
such houses for owner-occupancy to Iow- or moderate-income persons or families at affordable
housing costs and require that such houses remain continuously occupied by Iow- or moderate-
income owners at an affordable housing cost for the period of the covenants set forth therein; and
WHEREAS, the Agency Executive Director is negotiating the purchase of property located
at 2300 West Lincoln Avenue; and
WHEREAS, the Agency desires to amend and restate the DDA (the "Amended and
Restated DDA") including additional property located at 2300 West Lincoln Avenue (the
"Property"); and
WHEREAS, in its current condition, the Property is a blighting influence on the
Redevelopment Project area; 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 after public
hearing, to sell or lease the Property 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 Amended and Restated DDA, Agency staff has
prepared, and the Agency has reviewed and considered, a "summary report" setting forth:
(a) the cost of the Amended and Restated DDA to the Agency; and
I' '~ DOCS", Al) MIN\ RESOLUTN\ BRR2C24A.DOC
(b) the estimated value of the interests to be sold to Developer, determined at the highest
and best uses permitted under the Redevelopment Plan; and
(c) 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
(d) the purchase price for the Property; and
WHEREAS, the Amended and Restated DDA contains all of the terms, covenants,
conditions, restrictions, obligations and provisions required by state and local law; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Sections 21000 et seq.) ("CEQA"), and the CEQA Implementing Guidelines (14 California Code
of Regulations Sections 15000 et seq.) (the "Guidelines"), the Agency has reviewed the Project
and determined that the Project is within the scope of the West Anaheim Commercial Corridors
EIR, and no further environmental documentation is required because:
Pursuant to CEQA Guidelines Section 15162, (i) no substantial changes are proposed in
the Project, and no changes in circumstances under which the Project is being undertaken have
occurred which would require major revisions of the West Anaheim Commercial Corridors EIR
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and (ii) no new information which was not
known at the time the West Anaheim Commercial Corridors EIR was certified as complete shows
that the Project will have significant effects not discussed in the West Anaheim Commercial
Corridors EIR, or will have more severe effects than those shown in the West Anaheim
Commercial Corridors EIR, or will make feasible mitigation measures or alternatives previously
found not to be feasible, or different from those considered in the West Anaheim Commercial
Corridors EIR which would substantially reduce significant effects of the Project; and
WHEREAS, the City Council has duly considered all of the terms and conditions of
Amended and Restated DDA and believes that the 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; and
WHEREAS, pursuant to the California Community Redevelopment Law, the Agency and
the City Council have held a duly noticed joint public hearing on the proposed Amended and
Restated DDA, at which public hearing all persons were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
The City Council hereby finds and determines that, based on substantial evidence in the
record before it, the consideration for the Agency's disposition of the Property pursuant to
the Amended and Restated DDA is not less than the fair reuse value in accordance with
conditions, covenants and development costs required by the Amended and Restated
DDA.
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The City Council hereby finds and determines that, based on substantial evidence in the
record before it, the sale of the Property will assist in the elimination of blight in the
Redevelopment Project area, will contribute to the provision of housing for Iow- and
moderate-income persons, and is consistent with the implementation plan adopted by
the Agency for the Redevelopment Plan pursuant to Section 33490 of the California
Community Redevelopment Law.
The Amended and Restated DDA, a copy of which is on file with the Secretary of the
Agency, is hereby approved with such minor changes, additions or deletions as may be
approved by the Agency's Executive Director and General or Special Counsel, and the
City Council hereby consents to the Agency's execution of the Amended and Restated
DDA.
The Executive Director is hereby authorized to reserve up to One Million Dollars
($1,000,000) for down payment assistance for income-qualified families from programs
including the Second Mortgage Assistance Program and the HOME Program.
The Executive Director is hereby also authorized to take such actions and execute such
documents and instruments as she deems necessary or desirable for implementation of
the Amended and Restated DDA.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS SEVENTH
( 14 ) DAY OF JANUARY 2003 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN'
MAYOR, CITY ElM
ATTEST:
APPROVED AS TO FORM:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-6 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 14th day of January, 2003, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN ED:
ABSENT:
MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, M¢Cracken, Pringle, Tait
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
¢~ItY CLEI~'K OF ~IEIE (~ITY OF ANAHEIM
(SEAL)