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RES-2010-173 RESOLUTION NO. 2010 -173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT WITH ZELMAN ANAHEIM, LLC 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 desires to redevelop that approximately twenty -five (25) acres (i) generally located at the northeast corner of Beach Boulevard and Lincoln Avenue in Anaheim, California, and (ii) commonly know as the Anaheim Westgate Retail Center (the "Site "); and WHEREAS, in order to implement the Redevelopment Plan, the Agency desires to enter into that certain Amended and Restated Disposition and Development Agreement dated as of October 26, 2010 (the "DDA ") by and between the Agency and Zelman Anaheim, LLC, (the "Developer ") pursuant to which (i) the Agency would sell and ground lease the Site to the Developer, and (ii) Developer would make certain improvements and operate an approximately three hundred thousand (300,000) square foot retail center (the "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 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 market value at its highest and best use in accordance with the Redevelopment Plan; and WHEREAS, in connection with the DDA, Agency staff has had prepared, and the Agency has reviewed and considered, a "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 Site; and WHEREAS, the DDA contains all of the terms, covenants, conditions, restrictions, obligations and provisions required by state and local law; and 1 WHEREAS, the Project will assist with the removal of blight within the Redevelopment Project 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 seg.) ( "CEQA "), and the CEQA Implementing Guidelines (14 California Code of Regulations Section 15000 et seq.) (the "Guidelines "), 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 Project falls within the scope of the activities addressed in the General Plan Update EIR and the General Plan Update EIR adequately describes the Project for purposes of CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the Project is consistent with the General Plan, (iii) the 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 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 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. 2 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 Agency's disposition of the Site pursuant to the DDA is not less than fair market value at its highest and best use in accordance with the Redevelopment Plan; and (ii) the development of the Project will assist in the elimination of blight in the Redevelopment Project area and is consistent with the Implementation Plan adopted by the Agency for the Redevelopment Plan. Section 2. Approval of DDA. The DDA, substantially in the form on file with the Secretary of the Agency, is hereby approved. THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY -SIXTH (26TH) DAY OF OCTOBER, 2010, BY THE FOLLOWING ROLL CALL VOTE: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE d:4I, MAYOR OF THE I F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CR1ST A L. TA LEY, CITY ATTORNEY By. • N E. WOODHEAD IV, Assistant City Attorney 79835.1 3