ARA-2011-001RESOLUTION NO. ARA- 2011 -001
RESOLUTION OF THE GOVERNING BOARD OF THE
ANAHEIM REDEVELOPMENT AGENCY APPROVING AND
AUTHORIZING THE EXECUTION OF A COOPERATION
AGREEMENT (LA PALMA PARK PUBLIC IMPROVEMENTS)
BY AND BETWEEN THE ANAHEIM REDEVELOPMENT
AGENCY AND THE CITY OF ANAHEIM AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency ") is a public body,
corporate and politic, formed by Resolution No. 6966 of the City of Anaheim (the "City ") adopted
by the City Council of the City on June 6, 1961, and exercising its powers pursuant to the
California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and
WHEREAS, commencing with the July 19, 1973 adoption of a redevelopment plan for the
Redevelopment Project Alpha by Ordinance No. 3190, and through the adoption, amendment and
ultimate merger of additional redevelopment plans and redevelopment project areas, the City
Council of the City has established the Anaheim Merged Redevelopment Project; and
WHEREAS, the Agency has been, and continues to be, engaged in activities necessary to
carry out and implement the redevelopment plan (the "Redevelopment Plan ") for the Anaheim
Merged Redevelopment Project; and
WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency is
undertaking certain activities necessary for redevelopment of the Anaheim Merged
Redevelopment Project in accordance with provisions of the California Community
Redevelopment Law; and
WHEREAS, the City has conducted various studies which indicate that various
improvements to the City's public facilities to increase recreation and open spaces, including the
expansion and improvement of La Palma Park and Glover Stadium (the "La Palma Park Public
Improvements ") need to be constructed; and
WHEREAS, La Palma Park and Glover Stadium are located in Anaheim's Merged Project
Area; and
WHEREAS, the Agency is authorized, pursuant to Section 33445 of the Community
Redevelopment Law, to pay for all or part of the land for and the cost of the installation of any
public facility or improvement either within or outside a particular project area upon a
determination of the City Council and Agency that (i) the facilities or improvements are of benefit
to the project area or the immediate neighborhood in which the project is located, (ii) that no other
reasonable means of financing such facilities and improvements are available to the community,
and (iii) that the payment of funds for the costs of such facilities or improvements will assist in the
alleviation of one or more blighting conditions inside the project area and is consistent with the
implementation plan adopted pursuant to Section 33490 of the Community Redevelopment Law;
and
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WHEREAS, in furtherance of the public purposes of the Agency and the City, the Agency
and the City desire to enter into that certain Cooperation Agreement (La Palma Park Public
Improvements) dated as of January 1, 2011 by and between the City and the Agency (the
"Agreement ") pursuant to which the Agency will fund a portion of the City's cost of constructing
and installing the La Palma Park Public Improvements since such improvements will benefit the
Anaheim Merged Redevelopment Project Area; and
WHEREAS, the report prepared by Agency staff indicates that the installation of the La
Palma Park Public Improvements is provided for in the Redevelopment Plan for the Anaheim
Merged Redevelopment Project; 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 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 Governing Board of the Agency (the "Governing Board ") has reviewed
and determined that the construction of the La Palma Park Public Improvements falls within the
scope of the activities addressed in the General Plan Update EIR and the General Plan Update EIR
adequately describes the construction of the La Palma Park Public Improvements for purposes of
CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the construction of the La
Palma Park Public Improvements is consistent with the General Plan, (iii) the construction of the
La Palma Park Public Improvements 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 construction of the La Palma Park
Public Improvements; and
WHEREAS, the Governing Board and City Council each held public special meetings on
the proposed Agreement, at which time they reviewed and evaluated the proposed Agreement; the
benefit to the Anaheim Merged Project Area to be derived from the proposed Agreement; whether
other reasonable means of financing the La Palma Park Public Improvements to be provided in
part by the Agency pursuant to the terms of the Agreement were available; whether the payment of
funds for the costs of some of such improvements would assist in the alleviation of one or more
blighting conditions inside the Anaheim Merged Project Area and is consistent with the Agency's
adopted Implementation Plan; staff reports prepared on this matter; and all of the information,
testimony, and evidence presented during the public special meetings; and
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WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Agreement and believes that the installation of the La Palma Park Public Improvements is in the
best interests of the City of Anaheim 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.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE
ANAHEIM REDEVELOPMENT AGENCY AS FOLLOWS:
Section 1. The Agency hereby finds and determines, based upon substantial evidence
provided in the record before it:
A. That the foregoing recitals are true and correct.
B. That the Agency has received and heard all oral and written objections to the
proposed Agreement and to the proposed construction and installation of the La
Palma Park Public Improvements in connection therewith and to any other matters
pertaining to this transaction, and that all such oral and written objections are
hereby overruled.
C. That the Agreement is of benefit to the Anaheim Merged Redevelopment Project
and necessary to effectuate the purposes of the Redevelopment Plan. This finding
is based upon the record of the public special meetings on the Agreement, the
Redevelopment Plan and the record of the public hearings for the adoption of the
Redevelopment Plan, the reasons expressed herein, and upon the fact that the La
Palma Park Public Improvements are needed for accommodating future
development and redevelopment, thereby effectuating the purposes of the
Redevelopment Plan by encouraging further private redevelopment of the Anaheim
Merged Project Area.
D. That there are no other reasonable means of financing the construction of the La
Palma Park Public Improvements available to the community other than utilizing
partial Agency funding. This finding is based upon the record of the public special
meetings considering the Agreement, the reasons expressed herein, and upon the
fact that City general fund revenues are required and necessary for vital public
services.
E. That the Agency's payment of funds for a portion of the costs of the La Palma Park
Public Improvements will assist in the alleviation of one or more blighting
conditions inside the Anaheim Merged Project Area and is consistent with the
Agency's adopted Implementation Plan. This finding is based upon the record of
the public special meetings considering the Agreement, the reasons expressed
herein, and upon the fact that the La Palma Park Public Improvements will
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materially assist in accomplishing certain stated goals and objectives of the
Implementation Plan.
F. That the City has or will have the ability to maintain the La Palma Park Public
Improvements.
G. That impacts associated with the development of the La Palma Park Public
Improvements have been previously covered in the General Plan Update EIR.
Section 2. Upon the finalization of the Agreement and any procedural issues related thereto to
the reasonable satisfaction of the Agency's Executive Director, the Agency's Executive Director is
hereby authorized to execute the Agreement on behalf of the Agency. A copy of the Agreement,
when executed by the Agency's Executive Director, shall be placed on file in the office of the
Agency Secretary.
Section 3. Upon her execution of the Agreement on the Agency's behalf, the Agency's
Executive Director (or her designee), is authorized, on behalf of the Agency, to approve and /or
sign all documents necessary and appropriate to carry out and implement the Agreement, and to
administer the Agency's obligations, responsibilities and duties to be performed under the
Agreement and related documents.
Section 4. The effective date of this Resolution shall be the date of its adoption.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY
THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY THIS
EIGHTEENTH (18TH) DAY OF JANUARY, 2011, BY THE FOLLOWING ROLL CALL
VOTE:
AYES: Chairman Tait, Agency Members Sidhu, Eastman, Galloway, Murray
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTES
AGENCY SECRETARY
CHAIRMAN
81241.1
F