RES-2011-012RESOLUTION NO. 2011 -012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF COOPERATION AGREEMENT
(COMMERCIAL /INDUSTRIAL BUSINESS ATTRACTION,
REHABILITATION AND RETROFIT PROGRAM) 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 inefficient
and noncompetitive industrial and commercial uses in the Anaheim Merged Redevelopment Project
need to be rehabilitated and retrofitted and that various improvements to the City's infrastructure
need to be constructed in order to accommodate future development and redevelopment and attract
new businesses to 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
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 (Business Attraction,
Rehabilitation and Retrofit Program) dated as of January 1, 2011 by and between the City and the
Agency (the "Agreement ") pursuant to which the Agency will provide funding for, and the City will
establish and implement, the City's Commercial /Industrial Business Attraction, Rehabilitation and
Retrofit Program; and
WHEREAS, the report prepared by Agency staff indicates that the installation of various
public improvements pursuant to City's Commercial /Industrial Business Attraction, Rehabilitation
and Retrofit Program (the "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 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 Public Improvements for purposes of CEQA because (i) the General Plan
Update EIR is a Program EIR, (ii) the construction of the Public Improvements is consistent with
the General Plan, (iii) the construction of the 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 Public Improvements; and
WHEREAS, the Governing Board and City Council each held public meetings on the
Agreement, at which time they reviewed and evaluated the Agreement; the benefit to the Anaheim
Merged Project Area to be derived from the Agreement; whether other reasonable means of
financing the 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 meetings; and
01
WHEREAS, all actions required by all applicable law with respect to the Agreement have
been taken in an appropriate and timely manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the Agreement and
believes that the installation of the 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
Agreement and to the proposed construction and installation of the 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
several affordable housing projects and necessary to effectuate the purposes of the
Redevelopment Plan. This finding is based upon the record of the public 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 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 Public
Improvements available to the community other than utilizing partial Agency
funding. This finding is based upon the record of the public 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 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 meetings
considering the Agreement, the reasons expressed herein, and upon the fact that the
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 Public Improvements.
3
G. That impacts associated with the development of the 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 City Manager of the City, the City Manager, or his designee, is
hereby authorized to execute the Agreement on behalf of the City. A copy of the Agreement, when
executed by the City Manager, shall be placed on file in the office of the City Clerk.
Section 3. Upon his execution of the Agreement 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 the Agreement, and to administer the City'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
CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY -FIFTH (25TH) 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
81282.1
El