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RES-2006-182RESOLUTION NO. 2006-1~2 A RESOLUTION OF TFIE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT (RETAIL SPACE) BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND CIM CALIFORNIA URBAN REAL ESTATE FUND, LP REGARDING CERTAIN REAL PROPERTY IN THE MERGED REDEVELOPMENT PROJECT, AND MAHING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Agency's Alpha Project (the "Project"); and WHEREAS, the Agency owns an existing retail project in Downtown Anaheim, within the area bordered by Center Street Promenade, Anaheim Boulevard, Broadway and Harbor Boulevard (the "Site"); and WHEREAS, the Agency and the Developer desire to enter into a Disposition and Development Agreement (the "DDA"), pursuant to which the Parties set forth the terms and conditions relating to (i) the Agency's sale of the Site to the Developer, (ii) the fulfillment by Developer of the Developer Obligations (as defined in the DDA), and (iii) the imposition of certain restrictions on adjacent properties; and WHEREAS, the Developer has submitted to the Agency and the City Council of the City of Anaheim (the "City Council") copies of the DDA in a form executed by the Developer; and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.), the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to sell the Site pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of the Site will either assist in the elimination of blight or provide affordable housing for low and moderate income persons, that the consideration for such sale is not less than either the fair market value or fair reuse value of the Site in accordance with the covenants and conditions governing the sale and the development costs required thereof, and that the sale is consistent with the implementation plan which has been adopted by the Agency for the Project; and WHEREAS, the City Council has previo~.sly determined, in its adoption of the ordinance approving the Project, that the Site was blighted, including substandard structures, serious grade problems, structural deterioration and poor maintenance and that, notwithstanding the prior development of the Site as a retail project, the economic viability of the Site is hindered by the current configuration, given present market conditions and, therefore, remains blighted; and WHEREAS, the DDA would provide for the elimination of such blighting conditions by providing for the construction and re-leasing of the Site; and DOCSOC/92820)v6/022621-0108 WHEREAS, the purchase price for the Site payable under the DDA is not less than the fair market value of the Site, as determined by the fair market value analysis of the DDA which has been performed by the Agency's financial consultants; and WHEREAS, the Agency has adopted an Implementation Plan for the Project pursuant to Health and Safety Code Section 33490, which identifies goals and objectives including eliminating substandard structures and eliminating physical and economic deficiencies; and WHEREAS, the Implementation Plan sets forth a program of actions which include improving public facilities and infrastructure, upgrading and expanding commercial programs, and expanding retail programs; and WHEREAS, the DDA will assist the Agency in meeting the goals and objectives set forth in the Implementation Plan and the program of actions by the re-tenanting and completion of the Developer Obligations; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed DDA was duly noticed in accordance with the requirements of Health and Safety Code Sections 33431 and 33433, and the proposed DDA, and a summary report meeting the requirements of Health and Safety Code Section 33433, was available for public inspection prior to the joint public hearing consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on August 8, 2006, the Agency and City Council held a joint public hearing on the proposed DDA, at which time the City Council and 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 DDA have been taken in an appropriate and timely manner; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") the Agency has certified a Final Subsequent Environmental Impact Report on November 23, 1976 by Resolution No. ARA 76-38, a Supplemental EIR for Project Alpha Parcel 10 on September 6, 1983 by Resolution 83-35, a Subsequent EIR for Parcel 8 and 9 on November 8, 1983 by Resolution No. ARA 83-83, an Addendum for Koll Anaheim Center on January 9, 1990 by Resolution Nos. ARA 90-1 and 90R-13, and an Initial Study and Trip Generation Analysis on March 8, 1994, by Resolution Nos. ARA 94-2 and 94R-31; and WHEREAS, the DDA is within the scope of one or more of the projects analyzed under the foregoing environmental documents, and (a) approval of the DDA does not constitute a substantial change in those previously analyzed projects that will require major revision of the CEQA documentation prepared therefor due to the involvement of new significant environmental effects, or a substantial increase in the severity of previously identified significant effects; (b) approval of the DDA does not constitute a change in the circumstances under which those previously analyzed projects are to be undertaken which will require major revisions of the previous CEQA documentation due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (c) there is no new information of substantial importance which was not and could not have been known at the time the previous CEQA documents were certified as complete or adopted that shows the previously analyzed projects will have any significant effects not discussed in such previous CEQA documents, or will have 2 DOCSOC1928209v6/022621-0108 substantially more severe effects than were discussed in the previous CEQA documents; or that mitigation measures or alternatives which would substantially reduce one or more significant effects thereof, which were previously found infeasible, would in fact now be feasible; and (d) there are no mitigation measures or alternatives different from those previously considered that would substantially reduce one or more significant effects of the projects, which the proponents refuse to adopt; and WHEREAS, to the extent that completion of the Developer Obligations will require the processing and approval of land use entitlements arad permits, such land use entitlements will, to the extent necessary under CEQA and the CEQA Guidelines (14 California Code of Regulations sections 15000 et seq.), be subject to further CEQA analysis; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed DDA and believes that the redevelopment of the Site 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, BE IT RESOLVED by the City Council of the City of Anaheim as follows: t • The City Council finds and determines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's sale of the Site pursuant to the terms and conditions of the DDA is not less than the fair market value. 2. The City Council hereby finds and determines that the sale of the Site pursuant to the DDA will eliminate blight within the Project by providing for the proper reuse and redevelopment of a portion of the Project which was declared blighted for the reasons described above. 3. The City Council hereby finds and determines that the DDA is consistent with the provisions and goals of the Implementation Plan and the Redevelopment Plan. 4. The City Council hereby finds that the DDA is within the scope of one or more projects previously analyzed pursuant to CEQA as set forth above, and that therefore the approval of the DDA is exempt from further CEQA analysis pursuant to Public Resources Code section 21166 and CEQA Guidelines Section 15162 (14 California Code of Regulations § 15162). The City Council further finds and resolves that, to the extent required by CEQA, any land use entitlements and permits required in conjunction with the implementation of improvements contemplated by the Developer Obligations shall be subject to further analysis under CEQA. S. The City Council hereby approves the DDA, and authorizes the Agency to enter into the DDA. A copy of the DDA when executed shall be placed on file in the office of the City Clerk. The City Clerk shall certify to the adoption of this Resolution. DOCSOC/928209v6/022621-0108 The foregoing Resolution is hereby approved and adopted by the City Council of the City of Anaheim this 8`h day of August, 2006 by the following roll call vote. AYES: Mayor Pringle, Council Member Sidhu, Hernandez NOES: Council Member Chavez, Galloway ABSENT: None ABSTAIN: None Mayor ATTEST: v ity Cler.. APPROVED AS TO FORM: WHITE, CITY ATTORNEY Assistant City Attorney Stradling Yocca Carlson & Rauth, City Special Counsel 4 DOCSOC/928209v6/022621-0108