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HomeMy WebLinkAbout2011-009 CRACRA RESOLUTION NO. 2011-009 A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY 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 AGENCY AND PAG SANTA ANA B1, INC. AND THE AGENCY 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 herewith (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 CRA Resolution No. 2011-009 Page 1 of 4 DOCS OC/ 1495396v5/200272-0006 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, of 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 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 CRA Resolution No. 2011-009 Page 2 of 4 WHEREAS, on June 22, 2011, the Agency considered the Amendment 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; and NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Santa Ana as follows: Section 1. Each of the foregoing recitals is true and correct. Section 2. Agency 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 Agency hereby finds and determines that the DDA, as amended is consistent with the provisions and goals of the Implementation Plan. 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 Agency hereby approves the Amendment between the Agency and Developer, in the form of the Amendment submitted herewith. Section 6. The Executive Director and the Agency Secretary are hereby authorized to execute and attest the Amendment, including any related attachments, on behalf of the Agency. Copies of the final form of the Amendment, when duly executed and attested, shall be placed on file in the office of the Agency Secretary. Section 7. The Executive Director (or his/her duly authorized representative) is further authorized to implement the DDA, as amended, and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the DDA, as amended. The Executive Director (or his/her duly authorized representative) is hereby authorized to the extent necessary during the implementation of the DDA, as amended to make technical or minor changes thereto after execution, as necessary to properly implement and carry out the DDA, as amended, provided the changes shall not in any manner materially affect the rights and obligations of the Agency. CRA Resolution No. 2011-009 Page 3 of 4 DOCSOC/ 1495396v5/200272-0006 Section 8. The Agency Secretary shall certify to the adoption of this Resolution. ADOPTED this 22nd day of June: APPROVED AS TO FORM: Joe Straka, Interim Agency Counsel By:- Lisa E. Storck, Assistant Counsel AYES: Boardmembers: NOES: Boardmembers ABSTAIN: Boardmembers: k.iiaii Alvarez Bustamante Martinez, Pulido (4) None (0) None (0) NOT PRESENT: Boardmembers: Benavides Sarmiento Tinaiero (3) . CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Secretary of the Community Redevelopment Agency for the City of Santa Ana, do hereby attest to and certify the attached CRA Resolution No. 2011-009 to be the original resolution adopted by the Community Redevelopment Agency for the City of Santa Ana on June 22, 2011. Date: ? 1'? /,-->c 'i ,.- Age/ncy Secretary CRA Resolution No. 2011-009 Page 4 of 4