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RES-2009-086RESOLUTION NO, 2009 -086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A COOPERATION AGREEMENT (TRANSFER OF THE CHERRY ORCHARD AFFORDABLE HOUSING SITE) BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND THE ANAHEIM HOUSING AUTHORITY AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency is engaged in implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project (the "Redevelopment Plan and WHEREAS, pursuant to the California Community Redevelopment Law (the "CRL the Redevelopment Agency is required to expend a certain portion of the taxes which are allocated to it pursuant to Section 33670 for the purposes of increasing, improving, and preserving the community's supply of low- and moderate income housing available at affordable housing costs (the "Housing Set -Aside Funds and WHEREAS, the Redevelopment Agency and the Housing Authority desire to assist with the redevelopment of that certain parcel of real property (i) consisting of approximately one and sixty nine hundredths (1.69) acres, (ii) generally located at 2748 Lincoln Avenue in the City of Anaheim (the "Site and WHEREAS, the Housing Authority is endeavoring to redevelop the Site as a multi family affordable housing project: to this end. the Housing Authority intends to enter into that certain Affordable Housing Agreement of even date herewith with UHC 00190, L.P. (the "Developer with respect to development of an affordable housing project (the "Housing Project on the Site (the "Affordable Housing Agreement and WHEREAS, the Redevelopment Agency owns Site: and WHEREAS, the Redevelopment Agency utilized Housing Set -Aside Funds to acquire and prepare the Site for subsequent transfer to Housing Authority for the development of the Housing Project: and WHEREAS, in order to implement the Redevelopment Plan, the Redevelopment Agency desires to enter into that certain Cooperation Agreement (Transfer of the Cherry Orchard Affordable Housing Site) dated as of May 1, 2009 (the "Cooperation Agreement with the Housing Authority pursuant to which (i) the Redevelopment Agency would transfer the Site to the Housing Authority, and (ii) the Housing Authority would use the Site in order to implement the Affordable Housing Agreement and provide for the Housing Project; and WHEREAS, pursuant to Section 33433 of the CRL, the Redevelopment Agency is authorized. with the approval of the City Council of the City of Anaheim (the "City after 1 conducting a public hearing, to sell or lease the Site for development pursuant to the Redevelopment Plan upon a determination by the City Council that the consideration for such sale or lease is not less than fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease: and WHEREAS, in connection with the Cooperation Agreement, Redevelopment Agency staff has had prepared, and the Redevelopment Agency has reviewed and considered, a "33433 Summary Report" setting forth: (1) the cost of the Cooperation Agreement to the Redevelopment Agency, (ii) the estimated value of the interests to be transferred to the Housing Authority, determined at the highest and best uses permitted under the Redevelopment Plan. (iii) the estimated value of the interests to be transferred, determined at the uses and with the conditions, covenants and development costs required by the transfer, and (iv) the purchase price for the Housing Authority's acquisition of the Site and WHEREAS, the 33433 Summary Report concludes that the consideration for Redevelopment Agency's disposition of the Site to Authority in order to implement the Affordable Housing Agreement and provide for the Housing Project is not less than the fair reuse value at the use and with the covenants and conditions and development costs under the Cooperation Agreement and the Affordable Housing Agreement; and WHEREAS, the Housing Project will assist with the removal of blight and is consistent with the implementation plan adopted by the Redevelopment Agency for the Redevelopment Plan pursuant to Section 33490 of the CRL (the "Implementation Plan"); and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) "CEQA and the CEQA Implementing Guidelines (14 California Code of Regulations Section 1 5000 et seq.) (the "Guidelines the City of Anaheim (the "City' adopted and certified _Anaheim General Plan and Zoning Code Update Environmental Impact Report No. 330 the "General Plan Update EIR in connection with the City's General Plan update in 2004 (as updated. the "General Plan and WHEREAS, the General Plan Update EIR is a Program EIR under CEQA and the Guidelines, addressing the environmental impacts from the City's ultimate build -out, considering maximum densities and the effects thereof, and establishing a mitigation monitoring program which requires. among other things, subsequent focused studies and the implementation of mitigation measures where required; and WHEREAS, the Redevelopment Agency has reviewed and determined that the Housing Project falls within the scope of the activities addressed in the General Plan Update EIR and the General Plan Update EIR adequately describes the Housing Project for purposes of CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the Housing Project is consistent with the General Plan, (iii) the Housing Project presents no new environmental effects which could occur that were not examined in the General Plan Update EIR, and (iv) there is no new information to suggest that new mitigation measures would be required of the Housing Project: and WHEREAS, pursuant to the CRL, the Redevelopment Agency Governing Board and the City Council of the City have conducted a duly noticed joint public hearing on the Cooperation Agreement. at which public hearing all persons were given an opportunity to be heard; and WHEREAS, the City Council of the City has duly considered all of the terms and conditions of the Cooperation Agreement and believes that the Housing 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Section 33433 Findings. The City Council hereby finds and determines that, based on substantial evidence in the record before it: (i) the consideration for the Redevelopment Agency's disposition of the Site pursuant to the Cooperation Agreement for subsequent development of the Housing Project under the Affordable Housing Agreement is not less than the hair reuse value at the use and with the covenants and conditions and development costs under the Cooperation Agreement and the Affordable Housing Agreement. and (ii} the development of the Housing Project will assist in the elimination of blight and is consistent with the Implementation Plan adopted by the Redevelopment Agency for the Redevelopment Plan. Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, a copy of which is on file with the City Clerk. is hereby approved. 3 THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY -SIXTH (26TH) DAN OF MAY, 2009, BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NONE NOES: ABSTAIN: NONE ABSENT: NONE 72983.1 4 )11100 MAYOR