2002-154RESOLUTION NO. 2002R-154
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH PAINT YOUR HEART
OUT ANAHEIM, INC., A CALIFORNIA CORPORATION,
REGARDING CERTAIN PROPERTY LOCATED AT 511
EAST BROADWAY, 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 Alpha Redevelopment Project (the
"Redevelopment Project");
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of Junel8, , 2002
(the "DDA"), with Paint Your Heart Out Anaheim, Inc. (the "Developer") pursuant to which (a)
Agency would sell to Developer that certain real property and improvements consisting of a
single family dwelling (the "Residential Structure"), such real property and improvements
commonly known as 511 East Broadway (the "Property"); (b) the Residential Structure would be
substantially rehabilitated in accordance with the Scope of Work, Budget and Schedule attached
to the DDA; and (c) upon completion, the Residential Structure and the legal parcel on which it
is located would be sold for owner-occupancy to a Iow- or moderate-income person or family at
an affordable housing cost and would be required to remain continuously occupied by Iow or
moderate income owners at an affordable housing cost for the period of the covenants set forth
therein (the "Project"); and
WHEREAS, in its current condition, the Property is a blighting influence on the
Redevelopment Project area;
WHEREAS, the Project will remove the blighting influence described above and provide
housing for Iow and moderate income persons;
WHEREAS, in connection with the DDA, Agency has prepared, and the City Council has
reviewed and considered, a summary report setting forth:
(a) the cost of the DDA to the Agency;
(b) the estimated value of the interests to be sold to Developer, determined at the highest
and best uses permitted under the Redevelopment Plan;
(c) the estimated value of the interests to be sold, determined at the uses and with the
conditions, covenants and development costs required by the sale; and
(d) the purchase price for the Property and Residential Structure;
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law;
WHEREAS, pursuant to the California Environmeqtal 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 Project consists of the
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repair, maintenance, and minor alteration of an existing structure or facility, involving negligible
or no expansion of use beyond that existing at the present time, and additions to the Residential
Structure will not amount to more than 50 percent of the floor area of the Residential Structure
prior to the rehabilitation thereof;
WHEREAS, the Project is not located in a sensitive environmental area, will not result in
significant cumulative environmental impacts, and will not have a significant impact on the
environment due to unusual circumstances of the Project;
WHEREAS, the City Council has duly considered all of the terms and condition of the
DDA and believes that the Project is in the best interests of the City of Anaheim and the health,
safety, morals and welfare of its residents, and is in accord with the public purposes and
provisions of applicable state and local law and requirements;
WHEREAS, pursuant to the California Community Redevelopment Law, the Agency and
the City Council of the City of Anaheim have held a duly noticed joint public hearing on the
proposed DDA, at which public hearing all persons were given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. The Agency hereby certifies that it has reviewed the Project and finds that, pursuant to
CEQA Guidelines Section 15301 (14 California Code of Regulations Section 15301), the Project
is exempt from CEQA.
2. The City Council hereby finds and determines that, based on substantial evidence in
the record before it, the consideration for the Agency's disposition of the Property pursuant to
the DDA is not less than either the fair market or fair reuse value in accordance with conditions,
covenants and development costs required by the DDA.
3. The City Council hereby finds and determines that, based on substantial evidence in
the record before it, the sale of the Property will assist in the elimination of blight in the
Redevelopment Project area, will contribute to the provision of housing for Iow- and moderate-
income persons, and is consistent with the implementation plan adopted by the Agency for the
Redevelopment Plan pursuant to Section 33490 of the California Community Redevelopment
Law.
4. The DDA, a copy of which is on file with the Secretary of the Agency, is hereby
approved with such minor changes, additions or deletions as may be approved by the Agency's
Executive Director and General or Special Counsel, and the Executive Director is hereby
authorized and directed to execute said DDA on behalf of the Agency.
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5. The Executive Director is hereby also authorized to take such actions and execute
such documents and instruments as she deems necessary or desirable for implementation of
the DDA.
PASSED AND ADOPTED this 18th day of
ATTEST:
June .,2002.
City/Clerk
APPROVED AS TO FORM:
JACK L. WHl~E/;~City Att, e,l~ey
By: 1 ' ' '
,." Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-154 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of June, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
F THE CITY OF ANAHEIM
(SEAL)