94-190 RESOLUTION NO.._94_R.-190
A RESOLUTION OF THE CITY COL.~CIL OF THE CITY OF
ANAHEIM CONSENTING TO THE APPROVAL OF A
DISPOSITION AND DEVELOPMENT AGREEMENq~ BY AND
AMONG THE ANAHEIM RE, DEVELOPMENT AGENCY, DISNEY
GOALS, INC. AND DCSR, INC. AND MAKING CERTAIN
FINDINGS IN CONNECTION HEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities
necessary to execute and implement the Redevelopment Plan (the "Redevelopment Plan") for
Project Alpha (the"Project Area"): and
Wt!EREAS, in furtherance of the objectives of the California Community Redevelopment
Law (California Health and Safety Code Section 33000 et seq.), the Agency desires to redevelop
a certain approximately three and two-tenths (3.2) acre portion of the Project Area generally
~ located on the southwest corner of West Lincoln and Clementine Street in the City of Anaheim
(the "Site") which is owned by the Agency: and
WHEREAS, the Agency and Disney Goals, Inc.. a Calitbrnia nonprofit public benefit
corporation, and DCSR, Inc., a California corporation and wholly owned subsidiary of The Wait
Disney Corporation (collectively the "Developer"). propose to enter into a Disposition and
Development Agreement (the "Agreement") pursuant to which the Agency woald convey the Site
to the Developer, and the Developer would constrnct improvements on the Site consisting of a
community ice skating center which would include an Olympic-sized ice rink as well as a
National Hockey League-sized ice rink and associated uses: and
WtlEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the
Agency is authorized, with the majority approval of the City Council after public hearing, to
convey the Site for redevelopment purpuses pursuant to the Redevelopment Plan upon a
determination by the City Council that the sale of the Site will assist in the elimination of blight
and that the consideration for such sale is not less than either fair market value or fair reuse value
in accordance with the covenants and conditions governing the sale and development costs
thereof; 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 Health and Safety Code
Section 33433; and
WHEREAS, the proposed Agreement. 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, on August 9. 1994. the Agency and City Council held a joint public hearing
on the proposed Agreement and evaluated all of the information. testimony. and evidence
presented during the joint public hearing; and
WltEREAS, the City Council has reviewed the summary report required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it pertaining
to the findings required pursuant to Section 33433; and
WHEREAS, the sale of the Site pursuant to the proposed Agreement will improve the
quality of life of the residents of the City of Anaheim and its visitors through the elimination of
blight and the development of quality projects in downtown Anaheim by providing for the reuse
and redevelopment of a portion of the Project Area which formerly contained substandard
masonry and brick structures, structures which were unsightly in appearance and inadequate to
serve the needs of the downtown area, and was in an area generally characterized by inadequate
water supply and circulariota poor drainage, limited sewer facilities, inadequate streets, lack of
underground utilities and serious grade problems, as further identified in the Report to the City
Council on the Redevelopment Plan for Redevelopment Project Alpha; and
WHEREAS, the value of the consideration for the Site pursuant to the proposed
Agreement will be greater than the fair market value and the fair reuse value of the Site as set
forth in the Summary Report; and
WHEREAS, the Agency has prepared an initial study with respect to the proposed
Agreement and has determined pursuant to such initial study that no further evaluation of the
proposed Agreement is required pursuant to the California Environmental Quality Act ("CEQA")
because the project does not significantly differ from earlier versions of the project which have
previously been reviewed pursuant to CEQA; 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 disposition 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:
Section 1. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it, that the consideration for the disposition of the Site
pursuant to the terms and conditions of the proposed Agreement, is not less than the fair market
value or fair reuse value of the Site in accordance with covenants and conditions governing the
sale, and the development costs required under the proposed Agreement.
Section 2. The City Council hereby finds and determines that the disposition of the
Site pursuant to the proposed Agreement will eliminate blight within the Project Area by
providing for the reuse and redevelopment of a portion of the Project Area which was declared
blighted for the reasons described above.
PUBL:I7435_l1391182621.19 2
Section 3. The City Clerk is directed to file a Notice of Exemption with the Office of
the Orange County Recorder pursuant to the provisions of CEQA.
Section 4. The City Council hereby consents to the execution of the Agreement by
the Agency and a copy of the Agreement when executed shall be placed on file in the office of
the City Clerk.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 9~h. day of Au9'u$'~ , 1994.
Mayor
ATTEST:
City Clerk ~
PU~L:I7435_II3911B2621.19 3
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. 94R-190 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 9th day of August, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIF that the Mayor of the City of Anaheim signed said Resolution No. 94R-190 on the
loth day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this loth day of August, 1994.
~./.~.~'. CITY CLERK OF THE (~I~7'Y OF ANAHEIM
(SEAl.) ~1~
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 94R-190 was duly passed and adopted by the City Council of the City of Anaheim on
August 9, 1994.
CITY CLERK OF THE ,C?/F~' OF ANAHEIM