HomeMy WebLinkAbout2011-047 - Consenting to Assignement of a Private Disposition and Development AgreementRESOLUTION NO. 2011-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CONSENTING TO ASSIGNMENT OF A
PRIVATE DISPOSITION AND DEVELOPMENT
AGREEMENT AND APPROVING AN AMENDMENT TO
THE PRIVATE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA AND PAG SANTA ANA B1, INC. MAKING
CERTAIN OTHER FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Community Redevelopment Agency of the City of Santa Ana
("Agency') entered into that Private Disposition and Development Agreement with
Donald J. Crevier, as Trustee of the Crevier Trust and Crevier Motors, Inc., a
corporation duly organized under the laws of the State of California, dated as of July 19,
2004, (the "Original Developer"), a copy of which is on file with the Agency, pursuant to
which the Original Developer was to develop the Property located at 1500 Auto Mall
Drive ("Property"); and
WHEREAS, the Agency and the Original Developer entered into that certain First
Implementation Agreement, dated April 18, 2005; and
WHEREAS, the Agency has concurrently herewith consented to an assignment
of the Original DDA by Original Developer to PAG Santa Ana B1, Inc., a Delaware
corporation ("PAG"); and
WHEREAS, the Agency and PAG now desire to amend the terms of the Original
DDA as implemented by the First Implementation Agreement (collectively, the "Original
DDA") by modifying the Scope of Development and Schedule of Performance in
accordance with the Amendment to the Private Disposition and Development
Agreement ("Amendment") substantially in the form submitted herein (the Original DDA
and Amendment are referred to herein as the "DDA, as amended"); and
WHEREAS, the Agency has duly considered all terms and conditions of the
Amendment and believes that the DDA, as amended is in the best interest of the
Agency and the City of Santa Ana and the health, safety, and welfare of its residents,
and in accord with the public purposes and provisions of applicable State and local laws
requirements; and
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of Santa Ana ("City Council") copies of the DDA; as amended; and
WHEREAS, all actions required by all applicable law with respect to the
Amendment have been taken in an appropriate and timely manner; and
Resolution No. 2011-047
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DOCSOC/ 1495410v3/200272-0006
WHEREAS, the Agency and the City Council have duly considered all the terms
and conditions of the Amendment and believes that the redevelopment of the property
pursuant to the DDA, as amended in the best interests of the City of Santa Ana 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; and
WHEREAS, the Agency is a community redevelopment agency duly organized
and existing under the California Community Redevelopment Law, Health and Safety
Code Section 33000, et seq. ("CRL" ), and has been authorized to transact business and
exercise the power of a redevelopment agency pursuant to action of the City Council;
and
WHEREAS, the boundaries of the South Main Street Redevelopment Project (the
"Project Area") were duly established by various ordinances of the City Council, which
ordinances approved a redevelopment plan. The Property is located within the South
Main Street Redevelopment Project Area, which is now part of the Agency's Merged
Project Area ("Redevelopment Plan"); and
for the South Main Street Redevelopment Project, ("Redevelopment Plan"); and
WHEREAS, Agency is vested with the power to implement the Redevelopment
Plan and to carry out the goals and objectives of the Redevelopment Plan, including
without limitation the goals and objectives adopted by the Agency's implementation plan
("Implementation Plan") pursuant to the CRL; and
WHEREAS, the Agency is authorized and empowered by the CRL to enter into
agreements for the acquisition, disposition and development of real property and
otherwise to assist in the redevelopment of real property within a redevelopment project
area in conformity with a redevelopment plan adopted for such area, to acquire real and
personal property in redevelopment project areas, to receive consideration for the
provision by the Agency of redevelopment assistance, to make and execute contracts
and other instruments necessary or convenient to the exercise of its powers, and to
incur indebtedness to finance or refinance redevelopment projects; and
WHEREAS, PAG is a Delaware corporation duly organized, in good standing and
qualified to do business under the laws of the State of California and experienced in the
acquisition, construction, development, and operation of auto dealerships; and
WHEREAS, in accordance with the California Environmental Quality Act
("CEQA"), the proposed project is exempt from further review pursuant to Section
15061(b)(3) of CEQA, which is a general rule exemption applying to projects that have
no possibility of having a significant effect on the environment. As this project consists
of the assignment of an existing agreement to a new party and a reduction in Scope of
Development, no effects on the environment will occur. Therefore, Categorical
Exemption Environmental Review No. 2011-51 will be filed for this project; and
WHEREAS, the Agency has adopted an Implementation Plan pursuant to
CRL Section 33490, which sets forth the objectives of the Redevelopment Plan; and
Resolution No. 2011-047
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WHEREAS, on June 22, 2011, the Agency considered the Amendment in at a
public meeting in accordance with applicable law, at which time the Agency reviewed
and evaluated all of the information, testimony, and evidence presented; and
WHEREAS, the City Council has previously determined, in its adoption of the
ordinance approving the Redevelopment Plan, that the Property, which is the subject of
the DDA, as amended, is blighted; and
WHEREAS, the DDA, as amended will assist in the elimination of blight by
providing for the development and operation of a car dealership on the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. Each of the foregoing recitals is true and correct.
Section 2. The City Council hereby consents to the assignment of the Original
DDA by Original Developer (and its affiliate Santa Ana Properties, LLC, a California
limited liability company) to PAG Santa Ana B1, Inc., a Delaware corporation.
Section 3. The City Council hereby finds and determines that the DDA, as
amended is consistent with the provisions and goals of the Implementation Plan and
hereby approves the Amendment.
Section 4. In accordance with CEQA, the proposed Amendment is exempt
from further review pursuant to Section 15061(b)(3) of CEQA, which is a general rule
exemption applying to projects that have no possibility of having a significant effect on
the environment. As this Amendment consists of the assignment of an existing
agreement to a new party and a reduction in scope of development, no effects on the
environment will occur. Therefore, Categorical Exemption Environmental Review No.
2011-51 will be filed for this project.
Section 5. The City Council acknowledges that the governing board of the
Agency may authorize the Executive Director of the Agency (or his/her duly authorized
representative) on behalf of the Agency, to implement the DDA, as amended, and make
revisions to the DDA, as amended which do not materially or substantially increase the
Agency's obligations thereunder or materially or substantially change the uses or
development permitted on the Site, to sign all documents, to make all approvals and
take all actions necessary or appropriate to carry out and implement the DDA, as
amended and the administer the Agency's obligations, responsibilities and duties to be
performed under the DDA, as amended and related documents.
[Signature page follows]
Resolution No. 2011-047
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DOCSOC/ 1495410v3/200272-0006
ADOPTED this 22nd day of June
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By: c co--
Lisa E. Storck, Assistant City Attorney
YES: Councilmembers: Alvarez, Bustamante, Martinez, Pulido, Tinaiero (4)
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Benavides, Sarmiento, Tinaiero (3)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the
attached Resolution No. 2011-047 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 22, 2011.
Date: ?4//i /t;tc,i
Clerk of the City Council
City of Santa Ana
Resolution No. 2011-047
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