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RES-2009-060RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM 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 or real property for a housing project (the "Agency Parcels and WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into tha 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 (i) 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" t 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 (i) the fair market value at its highest and best use in accordance with the Redevelopment Plan, or (ii) the fair reuse value at the us 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 re iewed and considered. a "33433 Summary Report" setting forth: (i l tin.' cost of the DDA to the Agency, RESOLUTION NO. 2009 -060 the estimated value of the interests to be sold to the Developer, determined at the highest and best uses permitted under the Redevelopment Plan, ii i 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 pt.yment 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 el seq.) "CEQA and the CEQA Implementing Guidelines (14 California Code of Regulations Section 1 5000 et seq.) (the "Guidelines the City of Anaheim (the `C ity 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 w hich 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 FIR, (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 City Council of the City 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 punli.: purposes and provisions of applicable state and local law and requirements. NO\%, 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, eased on substantial evidence in the record before it: Al ES: ATTEST: CITY CLERK 72579.1 (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 2. Approval of DDA. The DDA, a copy of which is on file with the City Clerk, is hereby approved. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS FOURTEENTH (14TH) DAY OF APRIL, 2009, BY THE FOLLOWING ROLL CALL VOTE: NOES: NONE ABSTAIN: NONE ABSENT: NONE Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring MAYOR