ARA2004-12RESOLUTION NO. ARA 2004 -12
A RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING THAT CERTAIN AMENDED
AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
(PARCELS A, B AND C) WITH CIM URBAN REAL ESTATE FUND, LP AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
implementation of the Redevelopment Plan for the Anaheim Redevelopment Project (the
"Redevelopment Project "); and
WHEREAS, the Agency owns three (3) development sites in Downtown Anaheim, within
r the area bordered by Center Street Promenade, Anaheim Boulevard, Broadway and Harbor
Boulevard (individually, "Parcel A," "Parcel C," and "Parcel D" and collectively with a
parcel [ "Parcel B "] previously conveyed to the Developer [as such term is hereinafter
defined], the "Development Sites "), which Development Sites have been previously
developed for urban use; and
WHEREAS, the Agency and the Developer entered into that certain Disposition and
Development Agreement dated as of October 29, 2002 (the "DDA'), pursuant to which the
Agency and the Developer (jointly, the "Parties ") set forth the terms 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) exclusive negotiation with respect to
Parcel D and Parcel C -3; and
WHEREAS, the Parties entered into that certain First Amendment to Disposition and
Development Agreement dated as of June 17, 2003 (the "First Amendment ") to set forth the
terms and conditions relating to the Agency's sale of Parcel D to the Developer, and the
Developer's development of certain improvements thereon (the "Parcel D Improvements ");
and
WHEREAS, the Parties now wish to amend and restate the terms of the disposition of
Parcels A, B and C and the development of certain improvements thereon (the
"Improvements ") by entering into that certain Amended and Restated Disposition and
Development Agreement (Parcels A, B and C) dated as of September 15, 2004 (the
"Amended and Restated DDA for Parcels A, B and C "); and
WHEREAS, the Developer has submitted to the Agency and the City Council of the City of
Anaheim (the "City Council ") copies of the Amended and Restated DDA for Parcels A, B
and C in a form executed by the Developer; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law (California
Health and Safety Code Section 33000, et seq.), the Agency is authorized, with the approval
of the City Council after a duly noticed public hearing, to sell Parcels A, B and C for
development pursuant to the Redevelopment Plan upon a determination by the City Council
(i) that the sale of the property will either assist in the elimination of blight or provide
affordable housing for low and moderate income persons; (ii) that the consideration for such
sale is not less than either the fair market value or fair reuse value of Parcels A, B and C in
accordance with the covenants and conditions governing the sale and the development costs
required thereof, and (iii) that the sale is consistent with the Implementation Plan which has
been adopted by the Agency for the Redevelopment Project; and
WHEREAS, the City Council has previously determined, in its adoption of the ordinance
approving the Redevelopment Project, that the Development Sites were blighted, including
substandard structures, serious grade problems, structural deterioration and poor maintenance;
and
WHEREAS, the Amended and Restated DDA for Parcels A, B and C would provide for the
elimination of such blighting conditions by providing for the construction of the
Improvements on such previously blighted real property; and
WHEREAS, the purchase price for Parcel A payable under the Amended and Restated DDA
for Parcels A, B and C is not less than the fair reuse value of Parcel A, at the use and with the
covenants, conditions precedent, conditions subsequent and development costs authorized by
the Amended and Restated DDA for Parcels A, B and C, as determined by the reuse analysis
of the Amended and Restated DDA for Parcels A, B and C which has been performed by the
Agency's financial consultants; and
WHEREAS, the Agency has adopted an Implementation Plan for the Redevelopment 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, upgrading and expanding commercial
programs, and expanding retail programs; and
WHEREAS, the Amended and Restated DDA for Parcels A, B and C will assist the Agency
in meeting the goals and objectives set forth in the Implementation Plan and the program of
actions by providing for the construction of the Improvements; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed
Amended and Restated DDA for Parcels A, B and C (the "Public Hearing ") was duly noticed
in accordance with the requirements of Health and Safety Code Sections 33431 and 33433,
and the proposed Amended and Restated DDA for Parcels A, B and C, 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 September 28, 2004, the Agency and City Council held the Joint Public
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Hearing on the proposed Amended and Restated DDA for Parcels A, B and C, 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 Amended
and Restated DDA for Parcels A, B and C have been taken in an appropriate and timely
manner; and
WHEREAS, pursuant to the 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 Environmental Impact Report for Project Alpha
Parcel 10 on September 6, 1983 by Resolution 83 -35, a Subsequent Environmental Impact
Report for Parcel 8 and 9 on November 8, 1983 by Resolution No. ARA 83 -83, an Addendum
to Koll Anaheim Center Environmental Impact Report on January 9, 1990 by Resolution Nos.
ARA 90 -1 and 90R -13, and an Initial Study and Trip Generation Analysis on March 8, 1994,
by Resolution Nos. ARA 94 -2 and 94R -31; and
WHEREAS, the Amended and Restated DDA for Parcels A, B and C is within the scope of
one or more of the projects analyzed under the foregoing environmental documents, and (a)
approval of the Amended and Restated DDA for Parcels A, B and C does not constitute a
substantial change in those previously 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 Amended and Restated DDA for Parcels A, B and C
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 Improvements will require the processing and approval of land
use entitlements and permits, such land use entitlements will, to the extent necessary 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 terms and conditions of the proposed
Amended and Restated DDA for Parcels A, B and C and believes that the redevelopment of
Parcels A, B ands C pursuant thereto is in the best interests of the City of Anaheim and the
health, safety, and welfare of its residents, and in accord with the public purposes and
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provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Consideration for Sale. The Agency hereby finds and determines that, based
upon substantial evidence provided in the record before it, the consideration for the Agency's
sale of Parcels A, B and C pursuant to the terms and conditions of the Amended and Restated
DDA for Parcels A, B and C is not less than the fair reuse value of Parcels A, B and C, at the
use and with the covenants, conditions precedent, conditions subsequent and development
costs authorized by the Amended and Restated DDA for Parcels A, B and C.
Section 2. Elimination of Blight. The Agency hereby finds and determines that the sale
of Parcels A, B and C pursuant to the Amended and Restated DDA for Parcels A, B and C
will eliminate blight within the Redevelopment Project by providing for the proper reuse and
redevelopment of a portion of the Redevelopment Project which was declared blighted for the
reasons described above.
Section 3. Consistency with Implementation Plan. The Agency hereby finds and
determines that the Amended and Restated DDA for Parcels A, B and C is consistent with the
provisions and goals of the Implementation Plan and the Redevelopment Plan.
Section 4. Environmental Impacts. The Agency hereby finds and determines that the
Amended and Restated DDA for Parcels A, B and C is within the scope of one or more
projects previously analyzed pursuant to CEQA as set forth above, and that therefore the
approval of the Amended and Restated DDA for Parcels A, B and C is exempt from further
CEQA analysis pursuant to Public 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 Improvements shall be subject to further
analysis under CEQA.
Section 5. Approval of Amended and Restated DDA for Parcels A, B and C. The
Agency hereby approves the Amended and Restated DDA for Parcels A, B and C, and
authorizes and directs the Executive Director of the Agency to execute the Amended and
Restated DDA for Parcels A, B and C on behalf of the Agency. A copy of the Amended and
Restated DDA for Parcels A, B and C when executed shall be placed on file in the office of
the Agency Secretary. The Executive Director of the Agency, or the Executive Director's, is
authorized to implement the Amended and Restated DDA for Parcels A, B and C and take all
further actions and execute all escrow documents and other documents which are necessary or
appropriate to carry out the Amended and Restated DDA for Parcels A, B and C.
Section 6. Approval of Basic Concept Drawings. The Agency hereby approves the
Basic Concept Drawings for Parcel A -3 presented to the Governing Board at the Public
Hearing on the Amended and Restated DDA for Parcels A, B and C.
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Section 7. Notice of Exemption. The Agency hereby directs Agency staff to prepare and
file a Notice of Exemption pursuant to CEQA which states that the approval of the Amended
and Restated DDA for Parcels A, B and C is within the scope of one or more projects
previously analyzed pursuant to CEQA, and therefore is exempt from further CEQA analysis.
Section 8. Certification of Resolution. The Agency Secretary shall certify to the
adoption of this Resolution.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS TWENTY- EIGHTH (28TH) DAY OF SEPTEMBER, 2004 BY THE
FOLLOWING ROLE CALL VOTE:
AYES: Chairman Pringle, Agency Members McCracken, Chavez, Hernandez
NOES: None
ABSTAIN: None
ABSENT Agency Member Tait
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I r�!�iN SE t' TARY
55688.1
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