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94-189 RESOLUTION NO. 94R-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO APPROVAL OF THE ANAHEIM REDEVELOPMENT AGENCY OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY, THE CITY OF ANAHEIM AND DISC MANUFACTURING INC. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment Plan") for Anaheim Redevelopment Project Alpha (the "Project"); and WHEREAS, in order in carry out and implement such Redevelopment Plan, the Agency proposes to enter into that certain Disposition and Development Agreement (the "Agreement") with the city of Anaheim (the "City") and DISC Manufacturing Inc., a California corporation (the "Developer"), for (i) the rehabilitation and construction of improvements on certain property within the Project Area (the "Site"), (ii) the disposition by Developer to Agency, as an accommodation to Developer for rehabilitating the Site, of certain real property also within the Project Area and adjacent to the Site (the "Agency Parcel") and (iii) the subsequent disposition of the Agency Parcel to Developer upon Developer's exercise of an option therefore, all as described in the Agreement; and WHEREAS, Developer has submitted to the Agency and the City Council of the City (the "City Council") copies of the Agreement 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 or lease the Agency Parcel for development pursuant to the Redevelopment Plan upon a determination by the City Council that the sale or lease of the property will assist in the elimination of blight and that the consideration for such sale or lease is not less than either the fair market value or fair reuse value of the Agency Parcel in accordance with the covenants and conditions governing the sale and the development costs required thereof; and WHEREAS, a joint public hearing of the Agency and city Council on the proposed Agreement was duly noticed in accordance with the requirements of Health and Safety Code Section 33433; and WHEREAS, the proposed Agreement and a summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on August 9, 1994, the Agency and City Council held a joint public hearing on the proposed Agreement, 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 Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City has reviewed the summary required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the findings required pursuant to Health and Safety Code Section 33433; and WHEREAS, the Site is located within an area of the Anaheim Redevelopment Project which was found by the City Council, in its adoption of the Redevelopment Plan for the Anaheim Redevelopment Project Alpha to be blighted; and WHEREAS, the Agency purchase and subsequent sale of the Agency Parcel pursuant to the Agreement will assist in the elimination of blight by providing for the rehabilitation of improvements on the Site in place of the previous blighted structure located on the Site; and WHEREAS, the rehabilitation of the Site pursuant to the terms of the Agreement has been previously evaluated pursuant to the California Environmental Quality Act ("CEQA"); and WHEREAS, the City has duly considered all terms and conditions of the proposed Agreement and believes that the redevelopment of the Site 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, BE IT RESOLVED by the city Council of the City of Anaheim as follows: Seation ~. The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Agency Parcel pursuant to the terms and conditions of the Agreement is not less than fair market value at its highest and best use in accordance with the Redevelopment Plan. 2 Section 2. The City Council hereby finds and determines that the rehabilitation of the Site and the disposition of the Agency Parcel pursuant to the Agreement 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. Section 3. The City Council hereby finds and determines that the project is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code Section 21083 and Title 15 Section 15302 of the Code of California Regulations. Section 4. The city Council hereby consents to the execution of the Agreement by the agency and a copy of the Agreement when executed shall be placed on file in the office of the City Clerk. Section 5. The City Clerk shall certify to the adoption of this Resolution. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of August , 1994. ATTE. ST~ . -- CITY CLERK OF THE CITY OF ANAHEIM LLM:lm ?966.1\LMOSES\July 29, 1994 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-189 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIF that the Mayor of the City of Anaheim signed said Resolution No. 94R-189 on the 10th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of August, 1994. J~ ~_ ~-4 ~ 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-189 was duly passed and adopted by the City Council of the City of Anaheim on August 9, 1994. CITY CLERK OF THE CITY OF ANAHEIM