Loading...
2002-220I~$OLUTION NO. 2002R-220 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 CLEAN CITY, INC. REGARDING CERTAIN PROPERTY AT THE NORTHWEST CORNER OF LINCOLN AVENUE AND EAST STREET 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 Downtown Area of the Alpha Redevelopment Project (the "Redevelopment Project"); and WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to enter into a certain Disposition and Development Agreement dated as of October 15 ,2002 (the "DDA"), with Clean City, Inc. (the "Developer") pursuant to which (a) Agency would sell to the Developer that certain real property and improvements consisting of one (1) single family dwelling (the "Residential Structure"), such real property and improvements commonly known as 1175 East Lincoln Avenue (the "Property"); (b) the Residential Structure along with another single family dwelling relocated by the Developer from 407 North Anaheim Boulevard and currently being stored on the Property, would be substantially rehabilitated in accordance with the Scope of Work and Schedule attached to the DDA; and (c) upon completion, the two residential structures and the legal parcel on which they are located would be operated and maintained as an integrated commercial/office complex for the period of the covenants set forth therein (the "Project"); and WHEREAS, in their current condition, the Property is a blighting influence on the Redevelopment Project area; and WHEREAS, the Project will remove the blighting influence described above and will contribute to the historic character of the Anaheim Colony Historic District; and WHEREAS~ in connection with the DDA, Agency has prepared, reviewed and considered a summary report setting forth: (a) (b) (c) (d) the cost of the DDA to the Agency; and the estimated value of the interests to be conveyed to the Developer, determined at the highest and best uses permitted under the Redevelopment Plan; and the estimated value of the interests to be conveyed, determined at the uses and with the conditions, covenants and deve, lopment costs required by the sale; and the purchase price for the Property and the Residential Structure; and WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions, obligations and provisions required by state and local law; and F:~ DOCS\ DEVSVCS\ RESOLUTN\ AHR2A04 B. DOC WHEREAS, the negative declaration prepared and approved in conjunction with General Plan Amendment No. 2001-00394 (the "Negative Declaration") analyzed the impacts of zoning for commercial development of the Property, as well as the development of the Project; and WHEREAS, pursuant to the California Environmental 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 Agency has reviewed the Project and determined that the Project is within the scope of the Negative Declaration, and no further environmental documentation is required because, pursuant to CEQA Guidelines Section 15162, (i) no substantial changes are proposed in the Project, and no changes in circumstances under which the Project is being undertaken have occurred which would require major revisions of the Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (ii) no new information which was not known at the time the Negative Declaration was approved that shows the Project will have significant effects not discussed in the Negative Declaration, or will have more severe effects than those shown in the Negative Declaration, or will make feasible mitigation measures or alternatives previously found not to be feasible, or different from those considered in the Negative Declaration which would substantially reduce significant effects of the Project; and WHEREAS, Agency has duly considered all of the terms and conditions 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; and 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 heating on the proposed DDA, at which public hearing all persons were given an opportunity to be heard. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: 1. 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 the fair reuse value in accordance with conditions, covenants and development costs required by the DDA. 2. 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, 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. F:~ IX2)CS\ D EVSVCS~ RESOLUTIx~ AHR2A04B.DOC 3. 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 City Council hereby consents to the execution of the DDA by the Agency. [Remainder of this page intentionally left blank.] DC)CSX DEVSVCS~ RESOLUTN \ AHR2A04B. DOC THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS 15th (~ DAY OF October ,2002. ATTEST: MAYOR ~-~ ~~EIM 'CITy APPROVED AS TO FORM: JACK ~~, By'~ ~ ~.-~~~ \ ~ssl~tant City Attorney F:~ DOCS \ DEVSWCS\ RESOLUTN\ AHR2A04B.DOC 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-220 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAIN ED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)