RES-2011-008RESOLUTION NO. 2011 -008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO COOPERATION
AGREEMENT (OCTA GO LOCAL PROGRAM STUDY) 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 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 (OCTA Go Local Program Study)
dated as of September 1, 2006 by and between the City and the Agency (the "Agreement ")
pursuant to which the Agency agreed to fund a portion of the cost of conducting an assessment of
the Anaheim Canyon Rail Station (the "Canyon Station ") and developing the Go Local Transit
Master Site Plan for the Canyon Station (the "Canyon Station Site Plan "); and
WHEREAS, the Canyon Station Site Plan and additional Agency staff analysis has
identified a need to construct various public improvements to the Canyon Station and the
circulation and parking related thereto (the "Canyon Station Public Improvements "); and
WHEREAS, the Canyon Station Public Improvements will benefit the Anaheim Merged
Redevelopment Project Area; and
WHEREAS, the Agency and the City desire to enter into that certain Amendment No. 1 to
Cooperation Agreement (OCTA Go Local Program Study) dated as of January 1, 2011
( "Amendment No. I") in order to provide funding for the Canyon Station Public Improvements;
and
WHEREAS, the report prepared by Agency staff indicates that the installation of portions
of the Canyon Station 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 etseq.) ( " 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 Canyon Station 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 Canyon Station Public Improvements for purposes of
CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the construction of the
Canyon Station Public Improvements is consistent with the General Plan, (iii) the construction of
the Canyon Station 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 Canyon Station
Public 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. 1; the benefit to the Anaheim Merged Project Area to be derived from the
proposed Amendment No. l; whether other reasonable means of financing the Canyon Station
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Public Improvements to be provided in part by the Agency pursuant to the terms of Amendment
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 Canyon Station 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 CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
Section 1. The City Council 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 City Council has received and heard all oral and written objections to the
proposed Amendment No. 1 and to the proposed construction and installation of the
Canyon Station 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 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 Canyon Station 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
Canyon Station 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 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 Canyon Station
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 Amendment No. 1, the reasons expressed
herein, and upon the fact that the Canyon Station Public 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 Canyon Station Public
Improvements.
G. That impacts associated with the development of the Canyon Station Public
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 City Manager of the City, the City Manager, or his
designee, is hereby authorized to execute Amendment No. 1 on behalf of the City. A copy of
Amendment No. 1, when executed by the City Manager, shall be placed on file in the office of the
City Clerk.
Section 3. Upon his execution of Amendment No. 1 on the City's behalf, the City Manager, or
his designee, is authorized, on behalf of the City, to approve and /or sign all documents necessary
and appropriate to carry out and implement Amendment No. 1, and to administer the City'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 CITY COUNCIL OF THE CITY OF ANAHEIM THIS EIGHTEENTH (18TH) DAY OF
JANUARY, 2011, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Tait, Council Members sidhu, Eastman, Galloway, Murray
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE �-
MAYOR
ATTEST
CITY CLERK
81236.1
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