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78-455RESOLUTION NO. 78R- 455 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING THAT THE INFORMATION CONTAINED IN THE INITIAL STUDY ON THE PROPOSED FIRST AMEND- MENT TO PARTICIPATION AGREEMENT HAS BEEN REVIEWED AND CONSIDERED; DETERMINING THAT NO NEGATIVE DECLARATION, SUBSEQUENT EIR OR SUPPLEMENT TO EIR IS REQUIRED; FINDING THAT THE CONSIDERATION FOR THE SALE OF PROPERTY THEREUNDER IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE; AND APPROVING THE SALE OF SUCH PROPERTY AND SAID FIRST AMENDMENT TO PARTICIPATION AGREEMENT. WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in activities necessary to execute and implement the Redevelopment Plan for Redevelopment Project Alpha (the "Project "): and WHEREAS, in order to implement the Redevelopment Plan, the Agency did, on July 19, 1977, enter into a Participation Agreement with Pacific Southwest Realty Company ( "Developer ") for the disposition and development of certain property; and WHEREAS, the Agency and Developer desire to amend certain provisions of said Participation Agreement; and WHEREAS, a First Amendment to Participation Agreement has been prepared; and WHEREAS, the proposed First Amendment to Participation Agreement contains all the provisions, terms and conditions and obligations required by State and local law; and WHEREAS, Developer possesses the qualifications and financial resources necessary to acquire and insure development of the Property in accordance with the purposes and objectives of the Redevelopment Plan; and WHEREAS, the Agency has prepared a summary setting forth the cost of the Participation Agreement as amended by said First Amendment to the Agency, the estimated value of the interest to be conveyed determined at the highest uses permitted under the Redevelopment Plan, and the purchase price and has made said summary available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, the Community Redevelopment Commission of the City of Anaheim has reviewed said proposed First Amendment to Participation Agreement and has recommended its approval by the City Council and the Agency; and -1- WHEREAS, the Agency has heretofore prepared an Initial Study with respect to the First Amendment Participa- tion Agreement, and found and determined that the implementa- tion of the Agreement will not have a significant effect on the environment, or result in a substantially, or potentially substantial, adverse change in the environment; and WHEREAS, pursuant to the provisions of the California Community Redevelopment Law, the Agency and the City Council of the City of Anaheim ( "City Council ") held a joint public hearing on the proposed sale of the Property and the proposed First Amendment to Participation Agreement after publication of notice as required by State law; and WHEREAS, pursuant to California Community Redevelop- ment Law and following such joint public hearing, the City Council found and determined that the consideration for sale of the Property is not less than fair market value in accordance with the covenants and conditions governing such sale and the City Council approved said sale and the First Amendment to Participation Agreement; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed sale and believes that the redevelopment of the Property pursuant to the proposed First Amendment to Participation Agreement 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council hereby certifies that the information contained in the Initial Study has been reviewed and considered by members of the City Council. 2. The City Council hereby determines that (a) No substantial changes are proposed in the Redevelopment Project, or with respect to the circumstances under which the Project is to be undertaken, which will require major revisions in the EIR previously adopted for the Project due to the involvement of new environmental impacts not covered in said previous EIR; IM (b) No Subsequent EIR, Supplement to EIR, or Negative Declaration is necessary or required; and (c) The proposed First Amendment to Partici- pation Agreement, and the actions proposed thereunder will have no significant effect on the environment, except as identified and considered in the previous EIR. 3. The City Council hereby finds and determines that the consideration for sale of the Property pursuant to the First Amendment to Participation Agreement is not less than fair market value in accordance with covenants and conditions governing such sale. �4. The sale of the Property by the Agency to Pacific Southwest Realty Company and First Amendment to the Participation Agreement which establishes the terms and conditions for the sale and development of the Property are hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of July, 1978. MAYOR OF THE CITY OF ANAHEIM ATTEST: Deput'' C Z Z_ y Lt Y CLERK OF THE CITY OF ANAHEIM MES:jh -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 78R -455 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of July, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Resolution No. 78R -455 on the 18th day of July, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of July, 1978. LINDA D. ROBERTS, CITY CLERK BY Z- DEPUTY CITY CLERK (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby.certify that the foregoing is the original of Resolution No. 78R -455 duly passed and adopted by the Anaheim City Council on July 18, 1978. LINDA D. ROBERTS, CITY CLERK BY DEPUTY CITY CLERK