ARA2003-06RESOLUTION NO. AI4~2003-6
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING A FIRST AMENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY
AND CIM CALIFORNIA URBAN REAL ESTATE FUND, LP,
A DELAWARE LIMITED PARTNERSHIP, REGARDING
CERTAIN REAL PROPERTY IN REDEVELOPMENT
PROJECT ALPHA, AND MAKING CERTAIN FINDINGS 1N
CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan for the Agency's Alpha
Project (the "Project"); and
WHEREAS, the Agency owns four (4) development sites in Downtown Anaheim,
within the area bordered by Center Street Promenade, Anaheim Boulevard, Broadway and Harbor
Boule;:ard (kn~ividually "Parcel A," "Parcel B," "Parcel C," and "Parcel D" and collectively the
"Development Si/es"), whi. ch [,'evelopment Sites have been previously developed for urban use; and
WHEREAS, the Agency and the Developer have entered into a Disposition aha
Deve!op,'r, cnt Agre.~ment dated as of'October 29, 2002 (the "DDA"), pursuant to which the Parties
set ~k~rth the te:-ms and conditions relating to (i) the Agency's sale of Parcels A, B and C to the
Developer, and the Developer's development of certain improvements thereon, and (ii) exclusi
t;,egotia,.ion :vitb~ respect to Parcel D and Parcel C-3; and
WHEREAS, the parties now wish to implement the exclusive negotiating portion or'
the DDA with respect to Parcel D by entering a First Amendment to Disposition and l')evelop~nent
Agreement (."First Amendment") to set for"th the terms and conditions relating to the Agency's sale of
Parcel D to the Developer, and the Developer's development of ce'train improvements thereon (the
"Parcel D Improvements '); and
WHEREAS, ti'..e Developer has submitted to the Agency and the City Council of the
City of Anahei:~? (the "City Council") copies of the First Amendment in a form executed by the
Developer; and
'WHEREAS, pursuant to Section 33433 of the Community Redevelopn:ent Law
(Califc~mia Health and Safety Code Section 33000, et seq.), the Ageu. cy is authori;:ed., with the
approva1 of the City C,:,uncil a~?ter a duly noticed public hearing, to sell Parcel D for de;'elopment
pursu,aut to ;:he Redeve!opmeat Plan upon a determination by the City' Council that the sale of the
property will either assist in the elimination of blight or provide affordable housing for low and
moderate income persons, that tl~e consideration tbr such sale is not less than either the Gir market
value or fair reuse va!try of Parcel D in accordance with the covenants and conditions gc,,et,'ning the
sale and the deYelopr:tent costs required thereof, and that the sale is consistent ~ith the
implementation Plan which kas been adopted by the Agency tbr the project; and
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WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Project, that DeYe!opment Sites were blighted, including substandard
structures, serious grade problems, structural deterioration and poor maintenance; and
WHEREAS, the First Amendment would provide for the elimination of such
blighting conditions by providing for the construction of Parcel D Improvements on such previously
blighted real property; and
WHEREAS, the purchase price fbr Parcel D payable under the First Amendment is
not less than the reuse value of Parcel D, at the use and with the covenants, conditions precedent,
conditions subsequent and development costs authorized by the First Amendment, as determined by
the reuse analysis of the First Amendment which has been performed by the Agency's financial
consultants; and
WHEREAS, the Agency has adopted an Implementation Plan for the Project
pursuant to Health and Safety' Code Section 33490, which identifies goals and objectives including
eliminating substandard structures and eliminating physical and economic deficiencies; and
WHEREAS, the Implementation Plan sets forth a program of actions which include
improving public facilities and infrastructure, upbnading and expanding commercial programs, and
expanding retail programs; and
WHEREAS, the First Amendment will assist the Agency in meeting tl,,e goals and
objectives set forth in the Implementation Plan and the program of actions by the construction of the
Parcel D Improvements; and
WHEREAS, a joint public hearing of the Agency and City. Council on the proposed
First Amendment was duly noticed in accordance with the requirements of Health and Safet), Code
Sections 33431 and 33433, and the proposed First Amendment, and a summary report meeting the
requirements of Health and Safety Code Section 33433, was available for public inspection prior to
the joint public hearing consistent with the requirements of Health and Safety Code Section 33433;
and
WHEREAS, on 2une 17, 2003, the Agency and Ci.ty Council held a joint public
hearing on the proposed First Amendment, at which time the Agency reviewed and evaluated all of
the information, testimony, and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed
First Amendment have been taken in an appropriate and timely manner; and
WHEREAS, pursuant to lt:e California Environmental Quality Act ("CEQA") the
Agency has certified a Final Subsequent Environmental Impact Report on November 23, 1976 by
Resolution No. ARA 76-38, a Supplemental EIR for Project Alpha Parcel 10 on September 6, 1983
by Resolution 83-35, a Subsequent EIR for Parcel 8 and 9 on November 8, 1983 by Resolution No.
ARA 83-83, an Addendum for Ko!l Anaheim Center on January 9, 1990 by Resolution Nos. ARA
90-1 and 90R-13, and an hfitial Study and Trip Generation Analysis on March 8, 1994, by Resolution
Nos. ARA 94-2 and 94R-3 !; and
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WHEREAS, the First Amendment is within the scope of one or more of the prQects
analyzed under the foregoing environmental docunients, and (a) approval of the First Amendment
does not constitute a substantial change in those prev'iously analyzed projects that will require major
revision of the CEQA documentation prepared therefor due to the involvement of new significant
environmental effects, or a substantial increase in the severity of previously identified significant
effects; (b) approval of the First Amendment does not constitute a change in the circumstances under
which those previously analyzed projects are to be undertaken which will require major revisions of
the previous CEQA documentation due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects; (c) there is no new
information of substantial importance which was not and could not have been known at the time the
previous CEQA documents were certified as complete or adopted that shows the previously analyzed
projects will have any significant effects not discussed in such previous CEQA documents, or will
have substantially more severe effects than were discussed in the previous CEQA documents; or that
mitigation measures or alternatives which would substantially reduce one or more significant effects
thereof, which were previously found infeasible, would in fact now be, feasible; and (d) there are no
mitigation measures or alternatives different from those previously considered that would
substantially reduce one or more significant effects of the projects, which the proponents refuse to
adopt; and
WHEREAS, to the extent the Parcel D Improvements will require the processing and
approval of land use entitlements and permits, such land use entit!ements will, to the extent necessar).'
under CEQA and the CEQA Guidelines (14 California Code of Regulations sections 15000 et seq.),
be subject to further CEQA analysis; and
WHEREAS, the City Council has duly considered all terrns and conditions of the
proposed First Amendment and believes that the redevelopment of Parcel D pursuant thereto is in the
best interests of the City of Anaheim and the health, safety, and we!fi~re of its residents, and in accord
with the public purposes and provisions of applicable state and local laws and requireinents.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as
follows:
1. The Agency finds and detemfines that, based upon substantial evidence provided in
the record before it, the consideration for the Agency's sale of Parcel D pursuant to the terms and
conditions of the First Amendment is not less than the fair reuse value of Pamel D, at the use and
with the covenants, conditions precedent, conditions subsequent and development costs authorized
by the First Amendment.
2. The Agency hereby finds and determines that the sale of Parcel D pursuant to the
First Amendment xvill eliminate blight within the Project by providing for the proper reuse and
redevelopment of a portion of the Project ~vhich was declared blighted tbr the reasons described
above.
3. The Agency hereby finds and determines that the First Amendment is consistent with
the provisions and goals of the Implementation Plan and the Redevelopment Plan.
4. The Agency hereby finds that the First Amendment is within the scope of one or
more projects previously analyzed pursuant to CEQA as set ./brth above, and that therefore the
approval of the First Amendment is exempt from further CEQA analysis pursuant to Public
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Resources Code section 21166 and CEQA Guidelines Section 15162 (14 California Code of
Regulations § 15162). The Agency further finds and resolves that, to the extent required by CEQA,
any land use entitlements and permits required in conjunction with the implementation of the
Parcel D Improvements shall be subject to further analysis under CEQA.
5. The Agency hereby approves the First Amendment, and authorizes and directs the
Chairman of the Agency to execute the First Amendment on behalf of the Agency. A copy of the
First Amendment when executed shall be placed on file in the office of the Agency Secretary. The
Executive Director of the Agency, or designee, is autho~fzed to implement the First Amendment and
take all further actions and execute all escrow documents and other documents which are necessary
or appropriate to carry out the First Amendment.
8. The Agency hereby directs Agency staffto prepare and file a Notice of Exemption
pursuant to CEQA which states that the approval of the First Amendment is within the scope of one
or more projects previously analyzed pursuant to CEQA, and therefbre is exempt from farther CEQA
analysis.
9. The Agency Secretary shall certit~y to the adoption of this Resolution.
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The foregoing Resolution is hereby approved by the Anaheim Redevelopment Agency this
17 day of 3une , 2003.
ATTEST:
//A~ency ffecretary
Agency Chairman
APPROVED AS TO FORM:
JA~TY ATTORNEY
A~sistant City Attorney
Stradling Yocca Carlson & Rauth,
Agency Special Counsel
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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. ARA2003-6 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 17th day of June 2003, by the following vote of
the members thereof:
AYES:
CHAIRMAN/AGENCY: Chavez, McCracken, Pringle, Hernandez
NOES: CHAIRMAN/AGENCY: None
TEMP ABSENT:
CHAIRMAN/AGENCY: None
ABSTAINED:
CHAIRMAN/AGENCY: Tait
SECRETARY OF THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)