ARA2003-11RESOLUTION NO. ARA2003-11
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND
CLEAN CITY, INC. REGARDING CERTAIN PROPERTY AT THE
SOUTHWEST CORNER OF LINCOLN AVENUE AND WEST STREET
AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency")
implementation of the "Redevelopment Plan" for the Downtown Area
Redevelopment Project (the "Redevelopment Project"); and
is engaged in
of the Alpha
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of December 15, 2003 (the
"DDA"), with Clean City, Inc. (the "Developer") pursuant to which: (a) Agency would sell to the
Developer that certain real property and improvements consisting of one (1) commercial/
residential structure commonly referred to as the Five Points Building (the "Structure"), such real
property and improvements commonly known as 1108 - 1120 West Lincoln Avenue (the
"Property"); (b) the Structure would be substantially rehabilitated in accordance with the Scope
of Development and Schedule of Performance attached to the DDA; and (c) upon completion,
the Structure and the legal parcel on which it is located would be operated and maintained as a
mixed-use commercial/residential project for the period of the covenants set forth therein (the
"Project"); 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 will
contribute to the historic character of the Anaheim Colony Historic District and provide
affordable housing within the community; and
WHEREAS, in connection with the DDA, Agency has prepared, reviewed and
considered a summary report setting forth:
(a)
(b)
(c)
(d)
the cost of the DDA to the Agency; and
the estimated value of the interests to be conveyed to the Developer, determined
at the highest and best uses permitted under the Redevelopment Plan; and
the estimated value of the interests to be conveyed, determined at the uses and
with the conditions, covenants and development costs required by the sale; and
the purchase price for the Property and the Structure; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
F:~ DOCS\ DEVSVCS\ RESOLUTN\ SP3818A.DCK.
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 qualifies as a Class 31 Categorical Exemption under
historical resource restoration/rehabilitation. Therefore, pursuant to CEQA Section 21084 and
CEQA Guidelines Section 15331, the Project qualifies as a Categorical Exemption and no further
analysis is required; and
WHEREAS, Agency has duly considered all of the terms and conditions of the 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 of the City of Anaheim have held a duly noticed joint public hearing on the
proposed DDA, at which public hearing all persons were given an opportunity to be heard.
NOW, THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE AS FOLLOWS:
1. The Governing Board hereby certifies that it has reviewed the Project and the
DDA, and finds that, pursuant to CEQA Guidelines Section 15331, the Project qualifies as a
Class 31 Historical Resource Restoration/Rehabilitation Categorical Exemption, and therefore no
additional environmental documentation under CEQA is required.
2. 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 DDA is not less than the fair reuse value in accordance with conditions,
covenants and development costs required by the DDA.
3. 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
affecting the Redevelopment Project area by providing for the proper reuse and redevelopment
of the Property and the Structure and affordable housing within the community.
4. The Governing Board hereby finds and determines that, based on substantial
evidence in the record before it, the redevelopment of the Project pursuant to the DDA is
consistent with the implementation plan adopted by the Agency for the Redevelopment Plan
pursuant to Section 33490 of the California Community Redevelopment Law.
5. The 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 Counsel, and the Executive Director is hereby authorized and
directed to execute said DDA on behalf of the Agency.
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6. 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
DDA.
7. The Agency Secretary shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
ANAHEIM REDEVELOPMENT AGENCY THIS 16 (th) DAY OF
December ,2003.
CHAIRMAN OF IM
REDEVELOPMENT AGENCY
ATTEST:
t,~ENCY'~SECRETARY
APPROVED AS TO FORM:
rney
~(r~~-~hg~ead IV
' A~istant 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. ARA2003-11 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 16th day of December, 2003, by the following
vote of the members thereof:
AYES:
CHAIRMAN/AGENCY: Chavez, Tait, Pringle, Hernandez
NOES: CHAIRMAN/AGENCY: None
TEMPABSENT:
CHAIRMAN/AGENCY: McCracken
ABSTAINED:
CHAIRMAN/AGENCY: None
~ECRLdTAR¥~bF THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)