ARA2003-01RESOLUTION NO. A~A2003-1
RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING AN
AMENDED AND RESTATED DISPOSITION AND
DEVELOPMENT AGREEMENT WITH 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
entered into a certain Disposition and Development Agreement dated as of
October 15, 2002 (the "DDA"), with Brookfield Southland Holdings, LLC, (the
"Developer") pursuant to which (a) the 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, the Project will remove the blighting influence described above
and provide market rate housing and housing for Iow and moderate income persons;
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
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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
(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 Section 21000 et seq.) ("CEQA"), and the CEQA Implementing
Guidelines (14 California Code of Regulations Section 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 the previously
identified significant effects; and (ii) no new information which was not known at the
time the West Anaheim Commercial Corndors 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 Governing Board of the Agency has duly considered all of the
terms and conditions of the Amended and Restated DDA and believes that the
Project is in the best interests of the City of Anaheim and the health, safety, morals
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? ,
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 CRL, the Agency and the City Council have held
a duly noticed joint public hearing on the proposed Amended and Restated DDA, at
which punic hearing all persons were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the
Anaheim Redevelopment Agency as follows:
The Governing Board of the Anaheim Redevelopment Agency hereby certifies
that it has reviewed the Project and finds that, pursuant to CEQA Section
21083.3 and Guidelines Section 15162, the Project is within the scope of the
West Anaheim Commercial Corridors EIR, and therefore no new
environmental document is required. The Agency further hereby incorporates
all feasible mitigation measures and alternatives developed in the West
Anaheim Commercial Corridors EIR into the Project.
The Governing Board 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.
The Governing Board 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 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 Executive Director is hereby authorized
and directed to execute said Amended and Restated DDA on behalf of the
Agency.
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.
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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
(l.4t,h) DAY OF JANUARY, 2003 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
REDEVELOPMENT AGENCY
CHAIRMAN
REDEVELOPMENT AGENCY
ANAHEIM
APPROVED AS TO FORM:
('~H-~--E. WOO'~,iV
~,, ,, Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify
that the foregoing Resolution No. ARA2003-1 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 14th day of January 2003, by the following vote
of the members thereof:
AYES: CHAIRMAN/AGENCY: Chavez, Hernandez, McCracken, Pringle, Tait
NOES: CHAIRMAN/AGENCY: None
ABSENT: CHAIRMAN/AGENCY: None
ABSTAINED: CHAIRMAN/AGENCY: None
~ECRETAR"Y OF filE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)