ARA2003-07RESOLUTION NO. ~-'VO, A2003-7
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AND AUTHORIZING THE EXECUTION OF A
PURCHASE AND SALE AGREEMENT BETWEEN THE AGENCY
AND MARLO GALVEZ AND JOSE VARGAS CONCERNING
CERTAIN REAL PROPERTY LOCATED AT 128 SOUTH CHERRY
STREET, ANAHEIM, CALIFORNIA AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency"), a public body, corporate
and politic, established pursuant to and existing under the California Community Redevelopment
Law (Health and Safety Code Section 33000 et seq.), was created by the City Council of the City of
Anaheim (the "City"); and
WHEREAS, the Agency acquired several remnant parcels from the State of California
Department of Transportation for affordable housing purposes and has determined that certain of
those parcels, including that certain real property comprised of approximately 4,519 square feet
located at 128 South Cherry Street, Anaheim, California (the "Properly") are not useable for said
purposes; and
WHEREAS, Marlo GaIvez and Jose Vargas (collectively, the "Purchaser") own 131 South
Walnut Street (the "Adjacent Property") and desire to acquire the Property from the Agency and to
merge the Property and the Adjacent Property into a single legal parcel subject to certain restrictive
covenants required by the Agency; and
WHEREAS, the Purchaser has submitted to the Agency and the City Council executed
copies of a proposed Purchase and Sale Agreement and Joint Escrow Instructions (the
"Agreement") between the Agency and the Purchaser for the acquisition of the Property from the
Agency; and
WHEREAS, the transfer of the Property in accordance with the Agreement is exempt from
the requirements of the California Environmental Quality Act (California Public Resources Code
Section 21000 et seq. "CEQA") because there is no possibility that the transfer will have any
environmental impact; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the Agency
is authorized, with the approval of the City Council after public hearing, to sell the Property upon a
determination by the City Council that the consideration for such sale is not less than fair market
value or fair reuse value at the use and with the covenants and conditions and development costs
authorized by the sale; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed
Agreement was duly noticed in accordance with the requirements of Section 33433 of the
Community Redevelopment Law, and a copy of the proposed Agreement, along with a summary
report meeting the requirements of Section 33433, were available for public inspection consistent
with the requirements of Section 33433; and
WHEREAS, on August 5, 2003, the Agency and City Council held a joint public hearing on
the proposed Agreement, at which time the Agency reviewed and evaluated the proposed
Agency Resolution Man- P&S 1 07/21/03
Agreement; staff reports prepared on this matter; and all of the information, testimony, and evidence
presented during the joint public headng; and
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Agreement and believes that the Agreement is in the best interests of the City and the health, safety,
and welfare of its residents, and in accord with the public purposes and provisions of applicable
state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Anaheim as follows:
Section 1. The Agency hereby finds and determines, based upon substantial evidence
provided in the record before it:
A. That the foregoing recitals are true and correct.
B. That the Agency has received and heard all oral and written objections to the
proposed Agreement and to any other matters pertaining to this transaction, and that all
such oral and written objections are hereby overruled.
C. That the consideration for the Agency's disposition of the Property pursuant
to the Agreement is not less than the fair market value given the terms and conditions of the
sale.
D. That the purchase price paid to the Agency shall be deposited into the
Agency's Low and Moderate Income Housing Fund to be used in a manner consistent with
and in furtherance of the Agency's affordable housing goals and objectives and,
consequently, that the sale of the Property will assist in the provision of housing for Iow and
moderate income persons.
E. That the sale of the Property is consistent with the Implementation Plan
adopted by the Agency pursuant to Section 33490 of the California Community
Redevelopment Law.
F. That the transfer of the Property in accordance with the Agreement will not
have any potential for causing a significant effect on the environment and is exempt from the
application of CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
Section 2. The Agency consents to and approves the execution of the Agreement by the
Executive Director with such minor changes, additions or deletions as may be approved by the
Agency's Executive Director and General or Special Counsel. A copy of the Agreement when
executed by the Executive Director shall be placed on file in the office of the City Clerk.
Section 3. The effective date of this Resolution shall be the date ofits adoption.
Agency Resolution Galvez-Vargas P&S 2 07/21/03
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS FIFTH (5th)
DAY OF AUGUST, 2003 BY THE FOLLOWING VOTE:
AYES: Cnavez,
NOES: Non~
ABSENT: None
ABSTAIN: None
Tait, ~Cracken, Pringle, Rernandez
CHAIRMAN OF HElM REDEVELOPMENT
AGENCY
ATTEST:
5~ECRETAI~"Y OF THE ANAHEIM
REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
/~sistant City Attorney
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
Agency S~pecial Counsel
By: ~'BARBAI~EID I..'EIBOLD
Agency Resolution Galvez-Vargas P&S 3 07/21/03