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95-055 RESOLUTION NO. 95R-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND RON WALTZ; AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS WITH RESPECT TO SAID AGREEMENT AND THE PROJECT TO WHICH IT PERTAINS WHEREAS, the Anaheim Community Redevelopment Agency (the "Agency") is engaged in activities necessary to effectuate the Redevelopment Plan (the "Plan") for the A~lpha Redevelopment Project Area (the "Project Area"); WHEREAS, pursuant to Health and Safety Code Section 33490, the Agency adopted an implementation plan for the Project Area (the "Implementation Plan") that, among other things, sets forth the specific goals and objectives of the Agency for the Project Area; WHEREAS, pursuant to the Implementation Plan, the Agency purposes to enter into that certain Disposition and Development Agreement (the "Agreement") with Ron Waltz ("Waltz"); WHEREAS, pursuant to the Agreement: (a) the parties would apply for a certain Agency-owned piece of land, situated on the northwest corner of Lincoln Avenue and Rose Street in the Project Area, to be subdivided into two (2) legal parcels (the "Property"); (b) the Agency would sell the Property to Waltz; (c) on one of the two (2) parcels, Waltz would permanently affix and substantially rehabilitate (in conformance with the U.S. Secretary of the Interior's Standards for Historic Preservation) Grimshaw House, an historic residence; (d) on the other of the two (2) parcels, Waltz would permanently affix and substantially rehabilitate (also in conformance with the Standards for Historic Preservation) Grimshaw Cottage, also an historic residence; and (e) Agency would loan to Waltz the purchase price for each parcel and up to $37,500 for each of the residences to meet rehabilitation costs. (collectively, the "Project"); WHEREAS, the Agreement contains all the provisions, terms, conditions and obligations required by the California Community Redevelopment Law; WHEREAS, Waltz possesses the qualifications and financial resources necessary to acquire and ensure redevelopment of the Property in accordance with the purposes and objectives of the Plan; waltz.re2 ara-3? -- 1 -- 041195 1101:leg:ro WHEREAS, pursuant to the California Environmental Quality Act (the "CEQA"), the City of Anaheim (the "City") completed an initial study of the environmental effects of the Project (the "Initial Study"); WHEREAS, the Initial Study conforms to the requirements of the CEQA, the "Guidelines for the Implementation of the CEQA," as amended, adopted by the Secretary for Resources of the State of California (the "Guidelines"), and the "Procedures for Implementation of the CEQA," adopted by resolution of the City and Agency (the "Procedures"); WHEREAS, inasmuch as the Initial Study resulted in a determination that the Project will not have a significant environmental effect, a Negative Declaration for the Project has been prepared for the review and consideration of the Agency and the City Council; WHEREAS, as part of the environmental assessment process, the City has provided the opportunity for interested persons, professional disciplines and public agencies to evaluate critically the Initial Study and Negative Declaration through public review and comment; WHEREAS, the Agency has prepared, and the City has reviewed and considered, a summary report (the "Summary Report") for the Project that describes and specifies all of the following: (a) The cost of the Agreement to the Agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the agreements. (b) The estimated value of the interest to be conveyed, determined at the highest and best uses permitted under the Alpha Redevelopment Plan. (c) The estimated value of the interest to be conveyed, determined at the use and with the conditions, covenants, and development costs required by the sale. The purchase price for the Property. (d) An explanation of why the sale of the Property will assist in the elimination of blight, with reference to all supporting facts and materials relied upon in making this explanation; WHEREAS, the Agency has made the Initial Study, the Negative Declaration, the Agreement and the Summary Report available for public inspection pursuant to the California Community Redevelopment Law; WHEREAS, pursuant to the provisions of the California Community Redevelopment Law, the Agency and the City Council have held a duly noticed joint public hearing on the proposed Agreement, the proposed sale of the Property, and the related Negative Declaration, at which time all persons were given an opportunity to be heard; and waltz.re2 ara-37 -2- 041195 1101:ieg:ro WHEREAS, the City has duly considered all terms and conditions of the Agreement and the proposed sale of the Property and believes that said sale, redevelopment and operation of the Property by Waltz pursuant thereto 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The City Council hereby certifies that the Initial Study and the Negative Declaration have been prepared and completed in compliance with the CEQA, the Guidelines and the Procedures. 2. The City Council hereby certifies that the information contained in the Negative Declaration has been reviewed and considered by the Members of the City Council. 3. The City Council hereby approves and adopts t~e Negative Declaration. 4. The City Council hereby finds and determines that: a. The Negative Declaration reflects the independent judgment of the City Council; and b. Based on information set forth in the Initial Study and the Negative Declaration, the City Council finds and determines that there is no substantial evidence before the City Council that the proposed Project may have a significant effect upon the environment. 5. The City Council hereby authorizes and directs that a Notice of Determination with respect to the Negative Declaration pertaining to the approval of the proposed Project, and all other actions to be taken in furtherance thereof, be filed by the City Clerk, the Community Development Director or their designees. 6. The City Council hereby certifies that the information contained in the Sur~nary Report has been reviewed and considered by the Members of the City Council. 7. The City Council hereby finds and determines ~hat the consideration to be paid by Waltz to purchase the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale. 8. The City Council hereby finds and determines that the sale of the Property will assist in the elimination of blight and is consistent with the Implementation Plan. 9. The Agreement is hereby approved. waltz.re2 ara-37 -- 3-- 041195 1101:leg:ro · £~ FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of April , 1995. MAYOlaF THE CITY OF ~AHEIM~~ ATTEST: ~T¥ ~ ~ ~ CITY ~ ~ waltz.re2 ara-37 -- 4- 041195 1101:leg:ro 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. 95R-55 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of April, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-55 on the 18th day of April, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 1995. 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. 95R-55 was duly passed and adopted by the City Council of the City of Anaheim on April 18, 1995. CITY CLERK OF THE CITY OF ANAHEIM