ARA-2009-001RESOLUTION NO. ARA- 2009 -001
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT WITH TRUCOR, INC., AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is engaged in
implementation of the Redevelopment Plan for the Anaheim Merged Redevelopment Project
(the "Redevelopment Plan "); and
WHEREAS, the Agency acquired certain parcels of real property for a housing project (the
"Agency Parcels "); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into
that certain Disposition and Development Agreement dated as of April 15, 2009 (the "DDA ")
by and between the Agency and Trucor, Inc. (the "Developer ") pursuant to which (1) the
Agency would sell the Agency Parcels to the Developer, and (ii) the Developer would
construct various housing units for subsequent sale (the "Housing Project"'; and
WHEREAS, pursuant to Section 33433 of the California Redevelopment Law ( "CRL "), the
Agency is authorized, with the approval of the City Council of the City of Anaheim (the
"City ") after conducting a public hearing, to sell or lease the Agency Parcels 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 either (1) the fair market value at its
highest and best use in accordance with the Redevelopment Plan, or (ii) the 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 DDA, Agency staff has had prepared, and the Agency
has reviewed and considered, a "33433 Summary Report" setting forth:
(i) the cost of the DDA to the Agency,
(ii) the estimated value of the interests to be sold to the Developer, determined at
the highest and best uses permitted under the Redevelopment Plan,
(iii) 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
(iv) the purchase price for the Developer's acquisition of the Agency Parcels; and
WHEREAS, the 33433 Summary Report concludes that the purchase price for the Agency
Parcels under the DDA is not less than the fair reuse value based on fact that the DDA
imposes various extraordinary restrictions on the Housing Project (including the requirement
that the housing units be constructed through payment of prevailing wages) resulting in
certain extraordinary development costs; and
WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions,
obligations and provisions required by state and local law; and
WHEREAS, the Housing Project will assist with the removal of blight and is consistent with
the implementation plan adopted by the 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 15000 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 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 Agency Governing Board and the City Council of the
City have conducted a duly noticed joint public hearing on the DDA, at which public hearing
all persons were given an opportunity to be heard; and
WHEREAS, the Governing Board of the Agency has duly considered all of the terms and
conditions of the DDA 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.
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NOW, THEREFORE, THE GOVERNING BOARD OF THE ANAHEIM
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Environmental Assessment. The Agency hereby certifies that it has reviewed
the Housing Project and finds that impacts associated with the development of the Housing
Project have been previously covered in the General Plan Update EIR.
Section 2. Section 33433 Findings. The Agency hereby finds and determines that, based
on substantial evidence in the record before it:
(i) the consideration for the Agency's disposition of the Agency Parcels pursuant
to the DDA is not less than the fair reuse value at the use and with the
covenants, conditions and development costs required by the DDA, 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 Agency for the
Redevelopment Plan.
Section 3. Approval of DDA. The DDA, a copy of which is on file with the Secretary of
the Agency, is hereby approved and the Executive Director of the Agency is hereby
authorized and directed to execute and administer the DDA on behalf of the Agency.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY
THIS FOURTEENTH (14TH) DAY OF APRIL, 2009, BY THE FOLLOWING ROLL
CALL VOTE:
AYES: Chairman Pringle, Agency Members Hernandez, Sidhu, Galloway,
Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CHAIRMAN
ATTES :
AGENCY SECRETARY
72554.1