96-121 RESOLL~IqON NO. 96R-121
A RESOLL'TION OF THE CITY COL,~CIL OF TIlE CITY OF ANAItEEM
CONSENTING TO THE SECOND .&MENDM]~NT TO DISPOSITION AND
DEVELOPMENT AGREE~[ENT BY AN'D BET'WEEN THE ANAHELM
REDEVELOPMENT AGENCY ,LN'D KALlZNL~_N AN'I) BROAD OF
SOLWI-IE1LN CALIFORNIA, INC.
WHEREAS. the Anaheim Redevelopment Agency (the 'Agency") is a community
redevelopment agency organized and existing under the Community Redevelopment Law, Health
and Safety Code Section 33000. et seq.: and
$~'ItEREAS, in order to carry out and implement the Redevelopment Plan for the Alpha
Redevelopment Project (the 'Project'), the Agency and Kaufman and Broad of Southern
California, Inc., a California corporation (the '.Developer'), have entered into that certain
Disposition and Development Agreement dated October 26, 1993, as amended by the First
Amendment to Disposition and Development Agreement dated November 15, 1994 (as amended,
the "Agreement"), pursuant to which the Agency has conveyed certain real property to the
Developer. and the Developer has commenced the construction of single family houses and
townhouses thereon: and
WHEREAS, pursuant to the terms of Section 15 of the Third Amendment to Disposition
and Development Agreement between the Agency, the Developer and Lincoln Anaheim Village
Limited Parmership, a California limited partnership, dated as of April 31, 1992, the Agency and
the Developer have entered into a "Negotiating Period" for the development of the "Cypress
Street Infill Project," as defined therein: and
WHEREAS. the Developer and the Agency propose to enter an amendment to the
Agreement (the "Second Amendment"). which Second Amendment among other things provides
for the conveyance from the Agency to the Developer of five additional parcels of real property
located at (l) 128 and 202 S. Olive Street (the "Olive Infill Parcel No. 2"), (2) 203. 209. 211
and 215 S. Olive Street (the "Olive Infill Parcel No. 3"), (3) 306. 306 1/2. 310. 312 and 312 1/2
N. Sabina Street; 300. 305, 307. 309, 311, 312 and 318 N. Pauline Street: and 509,511, 517.
521 and 527 E. Cypress Street (the 'Cypress Infill Parcel No. I'), (4) 300, 304, 304 1/2. 308,
308 1/2. 312, 312 1/2. 314 and 314 1/2 N. Olive Street; 411. 415, 4[9 and 421 E. Cypress
Street: and 309. 311. 315. and 317 N. Sabina Street (the 'Cypress lnfill Parcel No. 2). and (5)
12!. S. Atchison Street (the "Atchison Street Parcel"), as more particularly described in the
Second Amendment (collectively. the "Additional Parcels"). and the development of townhouses
and single family houses thereon: and
WHEREAS, the proposed Second Amendment, and a summary report meeting the
requirements of Health and Safety Code Section 33433. were ava/lable for public inspection
consistent with the requirements of Health and Safety Code Section 33433: and
WHEREAS, the Agency' and the City Council have conducted a duly noticed joint public
hearing on the Amendment and have e~aluated all information and testimony presented in such
hearing: and
PC~L:40325_I,3Ig:22621004e
WHEREAS, those Additional Parcels which are located within the Project are located in
an area which was found by the Anaheim City Council, in iLL adoption of the Redevelopment
Plan for the Project in I973. to be blighted as a result of substandard structures, inadequate water
supply and circulation. poor drainage. limited sewer facilities. lack of underground utilities,
serious grade problems. deteriorated residential dwellings and poor maintenance, as well as other
indicia of blight; and
WHEREAS, the sale of the Additional Parcels pursuant to the Agreement, as amended
by the Second Amendment, will assist in the elimination of blight in the Project by requiring the
development on previously blighted land of new high quality residential houses and townhouses
which will be properly designed, constructed and maintained, and will be of benefit to the
community by increasing the supply of housing in the Project Area and preventing blight from
recurring on the Additional Parcels; and
WHEREAS, the Implementation Plan adopted for the Project has identified a program of
new single family and townhouse housing construction, primarily in the Downtown Anaheim
area, potentially with Developer, as a specific project and/or program to be undertaken by the
Agency in its implementation of the Redevelopment Plan for the Project: and
WHEREAS, the Implementation Plan adopted for the Project has identified a program
under which the Agency would provide incentives to developers to offset costs associated with
the construction of ne~' affordable housing within the City, both within and outside of the
redevelopment project areas, including the provision of land writedowns and first time
homebuyer assistance. as a specific project and/or program to be undertaken by the Agency in its
implementation of the redevelopment plan for the Alpha Redevelopment Project: and
WHEREAS. an Initial Study was prepared to evaluate any potential environmental
impacts of the Second ..M-nendment pursuant to the California Environmental Qualie' Act. and
such Initial Study concluded that the implementation of the Agreement. as amended by the
Second .-~nendment. would not result in any significant environmental impacts beyond those
previously analyzed in prior environmental documentation which has been considered and
approved by the Agency: and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Second Amendment and believes that the disposition of the Additional Parcels to the
Developer and the development of townhouses and single family houses thereon pursuant to the
Second Amendment is in the best interests of the Agency and the City and the health, safety. and
welfare of its residents. and in accord with the public purposes and provisions of applicable State
and local law requirements.
.NOW THEREFORE, THE CITY COL~'CIL OF THE CITY OF ANAH:EIM DOES
RESOLVE AS FOLLOWS:
Section I. The City Council finds and determines that. based upon substantial
evidence provided in use record before it. the consideration for the Agency's disposition of the
Additional Parcels purs'.~ant to the terms and conditions of the Agreement. as amended by the
Second Amendment. is not less than the fair reuse value of the Additional Parcels in accordance
with covenants and conditions governing the sale, and the development costs required under the
Agreement, as amended by the Second Amendment.
Section 2. The City Council hereby finds and determines that the disposition of the
Additional Parcels pursuant to the Agreement, as amended by the Second Amendment, will
eliminate blight within the Project Area by providing for the proper 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 Agreement, as
amended by the Second .Amendment, is consistent with the Implementation Plan adopted for the
Project.
Section 4. The City Council hereby finds and determines that the use of the Agency's
Low and Moderate Income Housing Funds outside of the boundaries of the Project for the costs
associated with the Second Amendment is of benefit to the Project.
Section 5. The City Council hereby consents to the approval of the Second
Amendment by the Agency. A copy of the Second Amendment when executed by the Agency
shall be placed on file in the office of the City Clerk.
Section 6. The City Clerk shall certify. to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED, this 9th day of July, 1996.
CITY OF ANAHEIM
By
ATTES~
CITY CLERK OF-~HE'~CTM OF ANAHEIM
PUBL:40325_[ 1319122021 0040 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. 96R-121 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 9th day of July, 1996, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 96R~'z! on the 9th day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of July, 1996.
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 odginal of Resolution No. 96R-121 was duly passed and adopted by the City Council of
the City of Anaheim on July 9th, 1996.
CITY CLERK Of THE CITY Of ANAHEIM