ARA-2011-005RESOLUTION NO. ARA- 2011 -005
RESOLUTION OF THE GOVERNING BOARD OF THE
ANAHEIM REDEVELOPMENT AGENCY APPROVING AND
AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1
TO COOPERATION AGREEMENT (ANAHEIM COLONY
CAPITAL 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 infrastructure, including improvements to sewer, storm drain,
pedestrian and traffic circulation and utility distribution systems (the "Anaheim Colony Capital
Improvements ") need to be constructed in order to accommodate future development and
redevelopment within that portion of the City generally bounded by East, West, North and South
Streets (the "Anaheim Colony "); 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
WHEREAS, in furtherance of the public purposes of the Agency and the City, the Agency
and the City entered into that certain Cooperation Agreement dated as of April 1, 2006 by and
between the City and the Agency (the "Agreement ") pursuant to which the Agency agreed to fund
a portion of the City's cost of constructing and installing the Anaheim Colony Capital
Improvements since such improvements will benefit the Anaheim Merged Redevelopment Project
Area and several affordable housing projects; and
WHEREAS, the Agency and the City desire to enter into that certain Amendment No. 1 to
Cooperation Agreement (Anaheim Colony Capital Improvements) dated as of January 1, 2011
( "Amendment No. 1 ") in order to provide additional funding under the Agreement; and
WHEREAS, the report prepared by Agency staff indicates that the installation of portions
of the Anaheim Colony Capital 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 Anaheim Colony Capital 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 Anaheim Colony Capital Improvements for purposes
of CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the construction of the
Anaheim Colony Capital Improvements is consistent with the .General Plan, (iii) the construction of
the Anaheim Colony Capital 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
Anaheim Colony Capital Improvements; and
WHEREAS, the Governing Board and City Council each held public special meetings on
the proposed Amendment No. 1, at which time they reviewed and evaluated the proposed
Amendment No. l; the benefit to the Anaheim Merged Project Area to be derived from the
proposed Amendment No. 1; whether other reasonable means of financing the Anaheim Colony
Capital Improvements to be provided in part by the Agency pursuant to the terms of Amendment
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No. 1 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
WHEREAS, all actions required by all applicable law with respect to the proposed
Amendment No. 1 have been taken in an appropriate and timely manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Amendment No. 1 and believes that the installation of the Anaheim Colony Capital 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 Amendment No. 1 and to the proposed construction and installation of the
Anaheim Colony Capital 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 Amendment No. 1 is of benefit to the Anaheim Merged Redevelopment
Project and several affordable housing projects and necessary to effectuate the
purposes of the Redevelopment Plan. This finding is based upon the record of the
public special meetings on Amendment No. 1, 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 Anaheim Colony Capital
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
Anaheim Colony Capital Improvements available to the community other than
utilizing partial Agency funding. This finding is based upon the record of the
public special meetings considering Amendment No. 1, the reasons expressed
herein, and upon the fact that City general fund revenues are required and necessary
for vital public services.
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E. That the Agency's payment of funds for a portion of the costs of the Anaheim
Colony Capital 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 Amendment No. 1, the reasons expressed
herein, and upon the fact that the Anaheim Colony Capital Improvements will
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 Anaheim Colony Capital
Improvements.
G. That impacts associated with the development of the Anaheim Colony Capital
Improvements have been previously covered in the General Plan Update EIR.
Section 2. Upon the finalization of Amendment No. 1 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 Amendment No. 1 on behalf of the Agency. A copy of
Amendment No. 1, 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 Amendment No. 1 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 Amendment No. 1, and
to administer the Agency's obligations, responsibilities and duties to be performed under
Amendment No. 1 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 (18 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
ATTEST: �)
AGENCY SECRETARY
81235.1
CHA AN