ARA2002-05RESOLUTION NO. ARA2002-5
RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH BROOKFIELD
SOUTHLAND HOLDINGS, LLC. REGARDING CERTAIN
PROPERTY AT 2340 WEST LINCOLN 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 West Anaheim Commercial Corridors
Redevelopment Project (the "Redevelopment Project"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency proposes to
enter into a certain Disposition and Development Agreement dated as of October 15, 2002 (the
"DDA"), with Brookfield Southland Holdings, LLC. (the "Developer") pursuant to which (a)
Agency would sell to Developer that certain real property commonly known as 2340 West
Lincoln Avenue (the "Property"); (b) Developer would construct housing on the Property and,
upon completion, sell such houses for owner-occupancy to Iow- or moderate-income persons or
families at affordable housing costs and require that such houses remain continuously occupied
by Iow- or moderate-income owners at an affordable housing cost 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 provide
market rate housing and housing for Iow and moderate income persons; and
WHEREAS, in connection with the DDA, Agency has prepared, and the City Council has
reviewed and considered, a summary report setting forth:
(a) the cost of the DDA to the Agency; and
(b) the estimated value of the interests to be sold to Developer, determined at the highest
and best uses permitted under the Redevelopment Plan; and
(c) the estimated value of the interests to be sold, determined at the uses and with the
conditions, covenants and development costs required by the sale; and
(d) the purchase pdce for the Property; and
WHEREAS, the 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 is within the scope of the West Anaheim Commercial
Corridors EIR, and no further environmental documentation is required because:
Pursuant to CEQA Guidelines Section 15162, (i) no substantial changes are proposed in
the Project, and no changes in circumstances under which the Project is being undertaken have
occurred which would require major revisions of the West Anaheim Commercial Corridors EIR
due to the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; and (ii) no new information which was not
known at the time the West Anaheim Commercial Corridors EIR was certified as complete
shows that the Project will have significant effects not discussed in the West Anaheim
Commercial Corridors EIR, or will have more severe effects than those shown in the West
Anaheim Commercial Corridors EIR, or will make feasible mitigation measures or alternatives
previously found not to be feasible, or different from those considered in the West Anaheim
Commercial Corridors EIR which would substantially reduce significant effects of the Project;
and
WHEREAS, the Goveming Board of the 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 Califomia 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, BE IT RESOLVED by the Governing Board of the Anaheim
Redevelopment Agency as follows:
1. The Governing Board of the Anaheim Redevelopment Agency hereby certifies that it
has reviewed the Project and finds that, pursuant to CEQA Section 21083.3 and Guidelines
Section 15162, the Project is within the scope of the West Anaheim Commercial Corridors EIR,
and therefore no new environmental document is required. The City Council further hereby
incorporates all feasible mitigation measures and alternatives developed in the West Anaheim
Commercial Corridors EIR into the Project.
2. The Governing Board 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.
3. The Governing Board 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 in the
Redevelopment Project area, will contribute to the provision of housing for Iow- and moderate-
income persons, and 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 or Special Counsel, and the Executive Director is hereby
authorized and directed to execute said DDA on behaff of the Agency.
5. The Executive Director is hereby authorized to reserve up to Five Hundred Thousand
Dollars ($500,000) for down payment assistance for income-qualified families from programs
including the Second Mortgage Assistance Program, the HOME Program, and the Affordable
Housing Program.
6. The Executive Director is hereby also authorized to take such actions and execute
such documents and instruments as she deems necessary or desirable for implementation of
the DDA.
THE FOREGOING RESOLIUTION IS PASSED, APPROVED AND ADOPTED THIS
FIFTEENTH (15TM) DAY OF OCTOBER, 2002 BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
CHAIRMAN O1= T~E ANAHEIM ~:)EVELOPMENT
AGENCY
ATTEST:
SECREI'AI~Y OF THE ANAHEIM
REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
JACK L. WHITE, CITY ATTORNEY
Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
SS.
I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify
that the foregoing Resolution No. ARA2002-5 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 15th day of October 2002, by the following vote
of the members thereof:
AYES:
CHAIRMAN/AGENCY: Feldhaus Kring, Tait, McCracken, Daly
NOES: CHAIRMANiAGENC~: None
ABSENT: CHAIRMAN/AGENCY: Nor~e
ABSTAI NED:
CHAIRMAN/AGENCY: None
./'SECRETARY THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)