97-186RESOLUTION NO. 9 7R 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
CONSENTING TO THE FOURTH AMENDMENT TO DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF
SOUTHERN CALIFORNIA, INC.
WHEREAS, the Anaheim Redevelopment Agency (the "Agency and Kaufman and
Broad of Southern California, Inc., a California corporation, (the "Developer") have entered into that
certain Disposition and Development Agreement dated October 16, 1993 (the "Original DDA as
amended by (i) that certain First Amendment to Disposition and Development Agreement dated
November 15, 1994 (the "First Amendment (ii) that certain Second Amendment to Disposition and
Development Agreement dated July 9, 1996 (the "Second Amendment and (iii) that certain Third
Amendment to Disposition and Development Agreement dated May 20, 1997. Pursuant to the DDA,
as amended by the First Amendment, the Agency has conveyed certain real property (the "Original
Site to the Developer, and the Developer has completed the construction of single family houses and
townhouses thereon; and
WHEREAS, pursuant to the terms of Section 15 of the Disposition and Development
Agreement between the Agency, the Developer and Lincoln Anaheim Village Limited Partnership, a
California limited partnership, dated as of April 31, 1992, the Agency and Developer entered into a
"Negotiating Period" for the development of the "Cypress Street Infill Project" (as such capitalized
terms are defined therein). The Second Amendment provides for the development of the Cypress
Street Infill Project; and
WHEREAS, the Third Amendment (together with the Original DDA, the First
Amendment and Second Amendment, the "Amended DDA amended certain provisions relative to
the development of Cypress Street Infill Project and provided for the development of 61 units,
including affordable and market rate townhouses and single family residences (the "K &B Project
and
WHEREAS, the Agency and Developer desire to enter into a Fourth Amendment to
Disposition and Development Agreement (the "Fourth Amendment the purpose of which is to
amend and restate certain provisions in the Amended DDA relative to the development of the K &B
Project and thereby provide that the Developer construct 58 units oftownhomes and detached single
family homes on seven (7) non contiguous parcels of real property aggregating approximately four
and ninety eight hundredths (4.98) acres (collectively the "Additional Parcels and
WHEREAS, a portion of the Additional Parcels (the "Cypress Infill Parcels is located
adjacent to but outside of the Agency's Alpha Redevelopment Project Area (the "Project The
Agency has found and determined that the use of the Agency's Low and Moderate Income Housing
Funds outside of the boundaries of the Project for the costs associated with the Cypress Infill Parcels
pursuant to the Fourth Amendment is of benefit to the Project; and
WHEREAS, the proposed Fourth Amendment, and a summary report meeting the
requirements of Health and Safety Code Section 33433, were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433; and
WHEREAS, the Agency and the City Council have conducted a duly noticed joint
public hearing on the Fourth Amendment and have evaluated all information and testimony presented
in such hearing; and
WHEREAS, those Additional Parcels which are located within the Project are located
in an area which was found by the Anaheim City Council, in its adoption of the Redevelopment Plan
for the Project in 1973, to be blighted as a result of substandard structures, inadequate water supply
and circulation, poor drainage, limited sewer facilities, lack of underground utilities, serious grade
problems, deteriorated residential dwellings and poor maintenance, as well as other indicia of blight;
and
WHEREAS, the sale of the Additional Parcels pursuant to the DDA As Amended, as
amended by the Fourth Amendment, will assist in the elimination of blight in the Project by requiring
the development on previously blighted land of new high quality residential houses and townhouses
which will be properly designed, constructed and maintained, and will be of benefit to the community
by increasing the supply of housing in the Project Area and preventing blight from recurring on the
Additional Parcels; and
WHEREAS, the Implementation Plan adopted for the Project has identified a program
of new single family and townhouse housing construction, primarily in the Downtown Anaheim area,
as a specific project and/or program to be undertaken by the Agency in its implementation of the
Redevelopment Plan for the Project; and
WHEREAS, an Initial Study was prepared by the Anaheim Redevelopment Agency
staff and submitted with entitlements to the Planning Commission to evaluate any potential impacts of
the K &B Project, as set forth in the Fourth Amendment. The Planning Commission adopted a
Negative Declaration concurrently with the approval of such entitlements on August 4, 1997, in
conformance with the California Environmental Quality Act "CEQA and
WHEREAS, the City Council has considered the use of up to $380,000 of the HOME
funds by the Agency to assist eligible home buyers purchase units within the K &B Project.
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Fourth Amendment and believes that the disposition of the Additional Parcels to the
Developer and the development of townhouses and single family houses thereon pursuant to the
Fourth Amendment is in the best interests of the Agency and 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 law requirements.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that, based upon substantial evidence
provided in the record before it, the consideration for the Agency's disposition of the Additional
F\ DOCS\DEVSVCSVtESOUlMVIR7924ADOC 2
Parcels pursuant to the terms and conditions of the DDA As Amended, as amended by the Fourth
Amendment, is not less than the fair reuse of value of the Additional Parcels in accordance with
covenants and conditions governing the sale, and the development costs required under the DDA As
Amended, as amended by the Fourth Amendment.
Section 2. The City Council hereby finds and determines that the disposition of the
Additional Parcels pursuant to the DDA As Amended, as amended by the Fourth Amendment, will
eliminate blight within the Project Area by providing for the proper reuse and redevelopment of a
portion of the Project Area which was declared blighted for the reasons described above.
Section 3. The City Council hereby finds and determines that the DDA As Amended, as
amended by the Fourth Amendment, is consistent with the Implementation Plan adopted for the
Project.
Section 4. The City Council hereby finds and determines that the use of the Agency's Low
and Moderate Income Housing Funds outside of the boundaries of the Project for the costs associated
with the Fourth Amendment is of benefit to the Project.
Section 5. The City Council hereby consents to the approval of the Fourth Amendment by
the Agency. A copy of the Fourth Amendment when executed by the Agency shall be placed on file in
the office of the City Clerk.
Section 7. The City Council hereby consents to and approves of the use of up to $385,000
of HOME funds by the Agency in accordance with the terms and provisions of the DDA As
Amended, as amended by the Fourth Amendment.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 7th day of October 1
A
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
APPRO'
Section 6. The City Clerk shall certify to the adoption of this Resolution.
yx c JOHN
E. W HEAD; IV
Assistant City Attomey
F:UYY'SDEVSVCs'RESOLUT MJJR7924A.DOC 3
MA OR OF THE CITY OF ,i AHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -186 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 7th day of October, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Zemel
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -186 on the 7th day of October, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 7th day of October, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -186 was duly passed and adopted by the City Council of
the City of Anaheim on October 7th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM