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ARA1995-05RESOLUTION NO. ARA95-5 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH RON WALTZ; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to effectuate the Redevelopment Plan (the "Plan") for the Alpha Redevelopment Project Area (the "Project Area"); WHEREAS, pursuant to Health and Safety Code Section 33490, the Agency adopted an implementation plan for the Project Area (the "Implementation Plan") that, among other things, sets forth the specific goals and objectives of the Agency for the Project Area; WHEREAS, pursuant to the Implementation Plan, the A~ency purposes to enter into that certain Disposition and Development Agreement (the "Agreement") with Ron Waltz ("Waltz"); WHEREAS, pursuant to the Agreement: (a) the parties would apply for a certain Agency-owned piece of land, situated on the northwest corner of Lincoln Avenue and Rose Street in the Project Area, to be subdivided into two (2) legal parcels (the "Property"); (b) the Agency would sell the Property to Waltz; (c) on one of the two (2) parcels, Waltz would permanently affix and substantially rehabilitate (in conformance with the U.S. Secretary of the Interior's Standards for Historic Preservation) Grimshaw House, an historic residence; (d) on the other of the two (2) parcels, Waltz would permanently affix and substantially rehabilitate (also in conformance with the Standards for Historic Preservation) Grimshaw Cottage, also an historic residence; and (e) Agency would loan to Waltz the purchase.price for each parcel and up to $37,500 for each of the residences to meet rehabilitation costs. (collectively, the "Project"); WHEREAS, the Agreement contains all the provisions, terms, conditions and obligations required by the California Community Redevelopment Law; WHEREAS, Waltz possesses the qualifications and financial resources necessary to acquire and ensure redevelopment of the Property in accordance with the purposes and objectives of the Plan; ~ WALTZ.RES ARA-37 ~ 040695 1529:LEG:RO WHEREAS, pursuant to the California Environmental Quality Act (the "CEQA"), the City of Anaheim (the "City") completed an initial study of the environmental effects of the Project (the "Initial Study"); WHEREAS, the Initial Study conforms to the requirements of the CEQA, the "Guidelines for the Implementation of the CEQA," as amended, adopted by the Secretary for Resources of the State of California (the "Guidelines"), and the "Procedures for Implementation of the CEQA," adopted by resolution of the City and Agency (the "Procedures"); WHEREAS, inasmuch as the Initial Study resulted in a determination that the Project will not have a significant environmental effect, a Negative Declaration for the Project has been prepared for the review and consideration of the Agency and the City Council; WHEREAS, as part of the environmental assessment process, the City has provided the opportunity for interested persons, professional disciplines and public agencies to evaluate critically the Initial Study and Negative Declaration through public review and comment; WHEREAS, the Agency has prepared, reviewed and considered a summary report (the "Summary Report") for the Project that describes and specifies all of the following: (a) The cost of the Agreement to the Agency; including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the agreements. (b) The estimated value of the interest to be conveyed, determined at the highest and best uses permitted under the Alpha Redevelopment Plan. (c) The estimated value of the interest to be conveyed, determined at the use and with the conditions, covenants, and development costs required by the sale. The purchase price for the Property. (d) An explanation of why the sale of the Property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation; WHEREAS, the Agency has made the Initial Study, the Negative Declaration, the Agreement and the Summary Report available for public inspection pursuant to the California Community Redevelopment Law; WHEREAS, pursuant to the provisions of the California Community Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed Agreement and the proposed sale of the Property, and the related Negative Declaration, at which time all persons were given an opportunity to be heard; WALTZ. RES ARA-37 -- 2 -- 040695 1529:LEG:RO WHEREAS, Agency has duly considered all terms and conditions of the Agreement and the proposed sale of the Property and believes that said sale, redevelopment and operation of the Property by Waltz pursuant thereto is in the best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements; and WHEREAS, Waltz has submitted to the Agency for approval Basic Concept Documents for the Project. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: 1. The Agency hereby certifies that the information contained in the Negative Declaration has been reviewed and considered by the Members of the Agency. 2. The Agency hereby approves the Negative Declaration. 3. The Agency hereby finds and determines that, based on information set forth in the Initial Study and the Negative Declaration, there is no substantial evidence before the Agency that the proposed Project may have a significant effect upon the environment. 4. The Agency hereby authorizes and directs that a Notice of Determination with respect to the Negative Declaration pertaining to the approval of the proposed Project, and all other actions to be taken in furtherance thereof, be filed by the Executive Director or her designee. 5. The Agency hereby certifies that the Summary Report has been prepared and completed in compliance with the California Community Redevelopment Law. 6. The Agency hereby certifies that the information contained in the Summary Report has been reviewed and considered by the Members of the Agency. 7. The Agency hereby finds and determines that the consideration to be paid by Waltz to purchase the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. 8. The Agency hereby finds and determines that the sale of the Property will assist in the elimination of blight and is consistent with the Implementation Plan. 9. The Agreement is hereby approved. 10. The Chairman of the Agency is hereby authorized to execute the Agreement on behalf of the Agency. 11. The Chairman and the Executive Director are hereby authorized to take all steps, and to sign all documents and instruments (including but not limited to the Grant Deeds and the Agency Loan Documents), necessary or desirable to implement and carry out the Agreement on behalf of the Agency. WALTZ. RES ARA-37 -- 3 -- 040695 1529:LEG:RO 12. The Chairman and the Executive Director are hereby further authorized to make changes in the Agreement after execution, as necessary to implement and carry out said Agreement, which changes do not materially affect the rights and obligations of the Agency. 13. The Basic Concept Documents for the Project are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the Anaheim Redevelopment Agency this 18th day of April , 1995. ANAHEIM REDEVELOPMENT AGENCY ATTEST: SECRETARY ANAHEIM REDEVELOPMENT AGENCY WALTZ. RES ARA-37 -- 4- 040695 1530:LEG:RO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA95-5 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 18th day of April, 1995, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Tait, Lopez, Zemel, Feldhaus, Daly NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA95-5 on the 18th day of April, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 18th day of April, 1995. SECRETARY OF THE ANAHEIM REDEVELOPMEN-"N'T-AGENCY (SEAL)