2005-134RESOLUTION N0. 2005-I34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING AN AMENDED AND RESTATED 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") is engaged in
implementation of the "Redevelopment Plan" for the Downtown Area of the Merged
:~ Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, in order tv implement the Redevelopment Plan, the Agency proposes to
enter into a certain Amended and Restated Disposition and Development Agreement dated as
of July 1, 2005 (the "Amended and Restated 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) commerciaU 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 "Propert}~'); (b) the Structure
would be substantially rehabilitated in accordance with the Scope of Development and
Schedule of Performance attached to the Amended and Restated 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
housing within the community; and
WHEREAS, in connection with the Amended and Restated DDA, Agency has
prepared, reviewed and considered a summary report setting forth:
(a) the cost of the Amended and Restated DDA to the Agency; and
(b) 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
(c) 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
(d) the purchase price for the Property and the Structure; and
WHEREAS, the Amended and Restated DDA contains all of the terms, covenants,
conditions, restrictions, obligations and provisions required by state and local law; 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 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, a joint public hearing of the Agency and City Council on the proposed
~. Amended and Restated DDA (the "Public Hearing") was duly noticed in accordance with the
requirements of Health and Safety Code Sections 33431 and 33433, and the proposed Amended
and Restated DDA and a summary report meeting the requirements of Health and Safety Code
Section 33433, were available for public inspection prior to the Joint Public Hearing consistent
with the requirements of Health and Safety Code Section 33433; and
WHEREAS, on July 12, 2005, the Agency and City Council held the Joint Public
Hearing on the proposed Amended and Restated DDA, at which time the Agency reviewed and
evaluated all of the information, testimony, and evidence presented during the joint public
hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed
Amended and Restated DDA have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has duly considered all terms and conditions of the
-~ proposed Amended and Restated DDA and believes that the redevelopment of the Property
pursuant thereto is in the best interests of the City of Anaheim 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, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Consideration for Sale. The City Council hereby finds and determines
that, based upon substantial evidence provided in the record before it, the consideration for the
Agency's sale of the Property pursuant to the terms and conditions of the Amended and Restated
DDA is not less than the fair reuse value of the Property, at the use and with the covenants,
conditions precedent, conditions subsequent and development costs authorized by the Amended
and Restated DDA.
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Section 2. Elimination of Blight. The City Council hereby finds and determines that
the sale of the Property pursuant to the Amended and Restated DDA will eliminate blight within
the Redevelopment Proj ect by providing for the proper reuse and redevelopment of the Property
and housing within the community.
Section 3. Consistency with Implementation Plan. The City Council hereby finds
and determines that the Amended and Restated DDA is consistent with the provisions and goals
of the Implementation Plan and the Redevelopment Plan.
Section 4. Approval of Amended and Restated DDA. The City Council hereby
approves the Amended and Restated DDA, and authorizes the Executive Director of the Agency
to execute the Amended and Restated DDA. A copy of the Amended and Restated DDA when
executed shall be placed on file in the office of the City Clerk.
Section 5. Certification of Resolution. The Agency Secretary 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 TWELFTH {12TH) DAY OF
JULY, 2005, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
ATTE T:
C CLE
58611.1
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