94-031 RIiSOI,UTION NO.
A RESOLUTION OF TH}/i CITY COt!NCI[, (iF THE CITY OF ANAHEIM
CONSENTING TO THE APPROVAL ()F q"l~IE A.NAI4E!M
REDEVELOPMENT AGENCY TO THE FOURTH AMENDMENT OF
DlSPOSITION AND DEVELOPMENT AGREEM'I}NT BETWEEN THE
ANAHEIM RE{)EVELOI-'MENT AGENCY AND KOLL ANABEiM CENTER
ASSOCIATES
WHEREAS, the Anaheim Rcdcwqupment Agency (the "Agency") is engaged in activilics
llcCcssary tO excctlle alld implement l[le l~edevclopmcat Plan (the "Redcvc[opnlcnt Plan") for
Redevelopment Prq}cct Alpha (tlm "Project"); and
WHEREAS, in order t{.~ carry out and iml)l~:mmlt the Re(levek)pment Plan, the Agency
bas agreed lt~ sell, convoy, or otherwise cause Io be dev(Aoped pursuan~ to the terms alld
condilians of a Dispesition and Dcvclopu~cnt Agrcen:cnt, as nmended (the "DDA"), between the
Agency a~d Koll Anaheim Cenlcr Associales, a Californi,~ limited par?x~:rsbip (the "Developczr"),
and cmtuin attached documents, cer~aia r'c:al proparty Ixxmt[ed giniorally by Lincob~ Avenue,
Anaheim and Harbor Boulevards, and Brimalway, a,td the alley known as Oak Street. [n the City
of AmO;citn, as is more partictdm'ly described in tl-zo DDA ([he "Sitt:"); and
WHEREAS, the Agency and tb~ Ocreloper propose tu make certain changes to d~e DDA
as more ~'ully set forlh in the Fourth Amendtncal to DNpositiun and Development Agreemcnl
"Fourth A~lmtldnlc~t"), which incltldeS recon{Sguratio~l ol- the parcels whiel~ make up the Site,
~cvisiml of the time solrodale, and revision c4' the ~eqttirtnlte~/ts for Ibe l~:~r~l of
required by the Developer; and
WHEREAS, pursuant to Section 33433 of the Conmnmity Rcdcvelopnscm Law
(Calilbrnia Health and Safety Code Section 33000, 2[ ~_gc4.), the Agency is authorized, witg the
m~tjority approval t~f the City Council after public hearing, to sell ~he Site R>r redevelopment
pursuant to the Redevelopment Plan upol~ a determinalion by the City Cotmc}l that the sale of
property will assisl in tbc climinalion of blight and Ibat tiao consideration for stroh sahz ts t~o[ less
lhan either the fifir ma~ kct value or fair ~{mse value of the property in :l['corc!~mce with the
cove~ant:q and condilions govertiitlg the sale and the development costs reqtfired thereof;
WIIEREAS, a joint public hearing of tbe Agency and City Cotmcil on the i)roposcd
Fourth A. mendmenl was duly noticed in accordance with the reqtfirements of Heahh and
Code Scclion 33433; and
WItEREAS, the proposed Fourth Amendment, and a summary rel~ort meeting
requirements of Health and Snfety Code Section 33433, were available R~r tmbtic inspection
consistent with the rcqtlirenlents of Health atxd 8afi21y Code Section 33433; and
WHEREAS, rm Marclq 8, 1994, the Agency and Cily Cotmc~l bekl a joinz public l~eat ing
ell t[lc prolmsed Fourth Amcndmenl and evaluated all of tbe inlbrmadcm, iestimtmy, nnd evidence
presented during the joint Dtblic hearing; and
WHEREAS, the City Council has reviewed the summary report required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it pertaining
to the findings required pursuant to Secticon 33433; and
WHEREAS, the sale of the Site pursuant to the DDA as amended will assist in the
elimination of blight by providing for the reuse and redevelopment of a portion of the project
area which formerly contained substandard masonry and brick structures, structures which were
onsightly in appearance and inadequate to serve the needs of the downtown area, and was in an
area generally characterized by inadequate water supply and circulation, poor drainage, limited
sewer facilities, inadequate streets, lack of underground otilities and serious grade problcms, as
further identified in the Report to the City Council on the Redevelopment Plan for
Redevelopment Project Alpha; and
WHEREAS, the consideration for the sale of the Site pursum~t to the DDA, as amended
by the Fourth Amendment, will be at the fair reuse valae of the Site as further identified in the
Summary Report; and
WHEREAS, the City has prepared an initial study with respect to the Fourth Amendment,
and has determined porsuant to such initial study that no fnrther evaluation of the Fourth
Amendment is required pursuant to the California Environmental Quality Act ("CEQA") because
the project does not significantly differ fi',~m earlier versions of the project which have previously
been reviewed pursuant to CEQA; and
WHEREAS, all actions required by all applicable law with respect to the proposed Fourth
Amendment have been taken in an appropriate and thnely manner; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Foorth Amendment and belieyea that the disposition of the Site pursuant thereto is in
the best interests of 'die City of Aoaheim and die health, safety, and welfare of its residents, and
in accord with the pnblic purposes and provisions of applicahle state and local laws and
requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
Section 1. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it that the consideration for the Agency's disposition of
the Site pursuant to the terms and conditim~s of the DDA, as amended by the Fourth
Amendment, is not less than fair reuse value of the Site in accordance with covenants and
conditions governing die sale, and the dc'ielopment costs required under the DDA, as amended
by the Fourth Amendment.
Section 2. The City Council hereby finds and determines that the disposition of the
Site pursuant to the DDA, as amended by the Fourth Amendment, will eliminate blight within the
Project Area by providing for the reuse and redevelopment of a portion of the Project Area
which was declared blighted for the reasons described above.
?UUL:II799_II391[B2621,11 2
Section 3. The City Council hereby consents and approves the execution of the
Fourth Amendment by the Agency. A copy of the Fourth Amendment when executed shall be
placed on file in the office of the City Clerk.
Section 4. The City Clerk is directed to file a Notice of Exemption with the Office of
the Orange County Recorder pursuant to the provisions of CEQA.
Section 5. The City Clerk sholl certify to the adoption of this Resolution.
APPROVED AND ADOPTED tlqs 8th day of March, 1994.
.......
City Clerk
PUaL:11799_11391{B2621,11 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-31 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 8th day of March, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-77
on the 9th day of March, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 9th day of March, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-31 was duly passed and adopted by the City Council of the City of
Anaheim on March 8, 1994.
CITY CLERK OF THE CITY OF ANAHEIM