2003-238RESOLUTION NO. 2003R-238
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
SOUTHWEST CORNER OF LINCOLN AVENUE AND WEST STREET
AND MAKING CERTAIN ENVIRONMENTAL AND OTHER FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency")
implementation of the "Redevelopment Plan" for the Downtown Area
Redevelopment Project (the "Redevelopment Project"); and
is engaged in
of the Alpha
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of December 15, 2003 (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) commercial/
residential structure commonly referred to as the Five Points Building (the "Structure"), such real
property and improvements commonly known as 1108 - 1120 West Lincoln Avenue
(collectively, the "Property"); (b) the Structure would be substantially rehabilitated in accordance
with the Scope of Development and Schedule of Performance attached to the DDA; and (c) upon
completion, the Structure and the legal parcel on which it is located would be operated and
maintained as a mixed-use commercial/residential project 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; 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 provide
affordable housing within the community; 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 development costs required by the sale; and
the purchase price for the Property and the 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'x, DEVSVCS~ RESOLUTN\ SP3818A. DOC
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 qualifies as a Class 31 Categorical Exemption under
historical resource restoration/rehabilitation. Therefore, pursuant to CEQA Section 21084 and
CEQA Guidelines Section 15331, the Project qualifies as a Categorical Exemption and no further
analysis is required; 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 hearing 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 affecting the
Redevelopment Project area by providing for the proper reuse and redevelopment of the Property
and the Structure and affordable housing within the community.
3. The City Council hereby finds and determines that, based on substantial evidence
in the record before it, the redevelopment of the Project under DDA 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 Counsel, and the City Council hereby consents to the execution
of the DDA by the Agency.
5. The City Clerk shall certify to the adoption of this Resolution.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS 16 t(~ DAY
OF December , 2003.
ATTEST:
MAYOR OF THE ANAHEIM
,/C~TY CL~RK:
APPROVED AS TO FORM:
By: ~~~E. W~~
A~sistant 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. 2003R-238 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th day of December 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez,
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
'CITY CLLSRK OI~ THE CITY OF ANAHEIM
(SEAL)