RES-2006-241RESOLUTION NO. 2006 -241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A SUPPLEMENTAL 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 ") is engaged in
implementation of the "Redevelopment Plan" for the Downtown Area of the Merged
Redevelopment Project (the "Redevelopment Project "); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency entered into
that certain Amended and Restated Disposition and Development Agreement dated as of July
1, 2005 (the "Amended and Restated 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 (collectively, the "Property "); (b) the Structure
would be substantially rehabilitated in accordance with the Scope of Development and
Schedule of Performance attached to the Amended and Restated 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 order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Supplemental Disposition and Development Agreement dated as of
November 1, 2006 (the "Supplemental DDA "), with the Developer pursuant to which: (a)
Agency would sell to the Developer that certain real property and improvements commonly
known as 1207 and 1209 (collectively, the "Supplemental Agency Parcels "); (b) the
Supplemental Agency Parcels, along with the Property, would be substantially rehabilitated in
accordance with the Scope of Development and Schedule of Performance attached to the
Amended and Restated DDA; and (c) upon completion, the Structure and the legal parcel on
which it is located would be operated and maintained as the Project; and
WHEREAS, in its current condition, the Supplemental Agency Parcels are 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
housing within the community; and
WHEREAS, in connection with the Supplemental DDA, Agency has prepared,
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reviewed and considered a summary report setting forth:
(a) the cost of the Supplemental DDA to the Agency; and
(b) 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
(c) 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
(d) the purchase price for the Supplemental Agency Parcels; and
WHEREAS, the Supplemental DDA contains all of the terms, covenants, conditions,
restrictions, obligations and provisions required by state and local law; and
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, a joint public hearing of the Agency and City Council on the proposed
Supplemental DDA (the "Public Hearing ") was duly noticed in accordance with the requirements
of Health and Safety Code Sections 33431 and 33433, and the proposed Supplemental DDA and
a summary report meeting the requirements of Health and Safety Code Section 33433, were
available for public inspection prior to the Joint Public Hearing consistent with the requirements
of Health and Safety Code Section 33433; and
WHEREAS, on November 28, 2006, the Agency and City Council held the Joint Public
Hearing on the proposed Supplemental DDA, at which time the City Council 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
Supplemental DDA have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Supplemental DDA and believes that the redevelopment of the Supplemental Agency
Parcels 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 provisions of applicable state
and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
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HEREBY RESOLVE AS FOLLOWS:
Section 1. Consideration for Sale. The City Council hereby finds and determines
that, based upon substantial evidence provided in the record before it, the consideration for the
Agency's sale of the Supplemental Agency Parcels pursuant to the terms and conditions of the
Supplemental DDA is not less than the fair market value of the Supplemental Agency Parcels.
Section 2. Elimination of Blight. The City Council hereby finds and determines that
the sale of the Supplemental Agency Parcels pursuant to the Supplemental DDA will eliminate
blight within the Redevelopment Project by providing for the proper reuse and redevelopment
of the Supplemental Agency Parcels and housing within the community.
Section 3. Consistency with Implementation Plan. The City Council hereby finds
and determines that the Supplemental DDA is consistent with the provisions and goals of the
Implementation Plan and the Redevelopment Plan.
Section 4. Approval of Supplemental DDA. The City Council hereby approves the
Supplemental DDA, and authorizes the Executive Director of the Agency to execute the
Supplemental DDA. A copy of the Supplemental DDA when executed shall be placed on file
in the office of the City Clerk.
Section 5. Certification of Resolution. The Agency Secretary shall certify to the
adoption of this Resolution.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY- EIGHTH (28TH)
DAY OF NOVEMBER, 2006, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway,Chavez
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MAYOR
ATTEST:
CITY RK
63832.1
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