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2003-156RESOLUTION NO. 2003R-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO THE APPROVAL BY THE ANAHEIM REDEVELOPMENT AGENCY OF A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE AGENCY AND MARLO GALVEZ AND JOSE VARGAS CONCERNING CERTAIN REAL PROPERTY LOCATED AT 128 SOUTH CHERRY STREET, ANAHEIM, CALIFORNIA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency"), a public body, corporate and politic, established pursuant to and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), was created by the City Council of the City of Anaheim (the "City"); and WHEREAS, the Agency acquired several remnant parcels from the State of California Department of Transportation for affordable housing purposes and has determined that certain of those parcels, including that certain real property comprised of approximately 4,519 square feet located at 128 South Cherry Street, Anaheim, California (the "Property") are not useable for said purposes; and WHEREAS, Mario Galvez and Jose Vargas (collectively, the "Purchaser") own 131 South Walnut Street (the "Adjacent Property") and desire to acquire the Property from the Agency and to merge the Property and the Adjacent Property into a single legal parcel subject to certain restrictive covenants required by the Agency; and WHEREAS, the Purchaser has submitted to the Agency and the City Council executed copies of a proposed Purchase and Sale Agreement and Joint Escrow Instructions (the "Agreement") between the Agency and the Purchaser for the acquisition of the Property from the Agency; and WHEREAS, the transfer of the Property in accordance with the Agreement is exempt from the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq. "CEQA") because there is no possibility that the transfer will have any environmental impact; and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the Agency is authorized, with the approval of the City Council after public hearing, to sell the Property for development pursuant to the Redevelopment Plan upon a determination by the City Council that the consideration for such sale is not less than fair market value or fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale; 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 Section 33433 of the Community Redevelopment Law, and a copy of the proposed Agreement, along with a summary report meeting the requirements of Section 33433, were available for public inspection consistent with the requirements of Section 33433; and WHEREAS, on August 5, 2003, the Agency and City Council held a joint public hearing on the proposed Agreement, at which time the City Council reviewed and evaluated the proposed CC Resolution Galvez-Vargas P&S 3 07/21/03 Agreement; staff reports prepared on this matter; and all of the information, testimony, and evidence presented dudng 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 Council has duly considered all terms and conditions of the proposed Agreement and believes that the Agreement is in the best interests of 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 laws and requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it: A. That the foregoing recitals are true and correct. B. That the City Council has received and heard all oral and written objections to the proposed Agreement and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. C. That the consideration for the Agency's disposition of the Property pursuant to the Agreement is not less than the fair market value given the terms and conditions of the sale. D. That the purchase price paid to the Agency shall be deposited into the Agency's Low and Moderate Income Housing Fund to be used in a manner consistent with and in furtherance of the Agency's affordable housing goals and objectives and, consequently, that the sale of the Property will assist in the provision of housing for Iow and moderate income persons. E. That the sale of the Property is consistent with the Implementation Plan adopted by the Agency pursuant to Section 33490 of the California Community Redevelopment Law. F. That the transfer of the Property in accordance with the Agreement will not have any potential for causing a significant effect on the environment and is exempt from the application of CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines. Section 2. The City Council authorizes the proposed sale of the Property and consents to and approves the execution of the Agreement by the Executive Director with such minor changes, additions or deletions as may be approved by the Agency's Executive Director and General or Special Counsel. A copy of the Agreement when executed by the Executive Director shall be placed on file in the office of the City Clerk. Section 3. The effective date of this Resolution shall be the date ofits adoption. CC Resolution Galvez-Vargas P&S 2 07/21/03 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED THIS FIFTH (5TH) DAY OF AUGUST, 2003 BY THE FOLLOWING VOTE: AYES: Chavez, NOES: None ABSENT: None AB STAIN: None ATTEST: dlTY CLERK Tait, ~Crack~;, Pringle, Hernandez CITY MAYOR, M APPROVED AS TO FORM: ~s~ista~: City Attorne APPROVED AS TO FORM: VAN BLARCOM, LEIBOLD, McCLENDON & MANN, P.C. Agency Special ~'A~BARA/~EI D rEiBOLD' CC Resolution Galvez-Vargas P&S 3 07/21/03