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2001-125Rk2SOLUTION NO. 2001R-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHE1M APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT BY AND BET~.VEEN THE CITY OF ANAHEIM AND 'FILE ANAttEI.~I REDEVELOPMENT AGENCY FOR THE PROVISION OF PUBLIC I~IPROVE1MENTS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREXVITH 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 Redevek~pn~ent Law (Health and Safety Code Section 33000 et seq. ~; and WHEREAS, on July i9, 1973. the City Council of the City adopted a redevclopment plan for ~he Redcvelopment Prqiect Alpha by Ordinance No. 3190, (which plan was subsequeptly an,,cndcd on July 20, ] 976 by Ordinance No. 3567. on November 30, 1976 by Ordinance No. 3631, on Jammr? 12, 1982 by Ordinance No. 4300, and on December 13.1994 by Ordinance No. 5468); an:~ ",XH ERE AS, the Agency has been. and continues to be, engaged in activities necessaD' to out and irnplement the rcdevelopment plan (the "Redevelopmerit Plan") for Redevelopmerit Prcticc~ Alpha (the "Prqject Area"); and XVHER.EAS, in order to card~ out and implement the Redevelopment Plan. the Agency is undertaking certain activities necessary for redevelopment of the Project Area in accordance with provisions cf the California Community Redevelopment Lax"' (Health and Safety Code Section 33000 et scq.): ,'rod XVHEREAS, ~he City has adopted a Master Plan of Highways Public Facilities (the "Highway Master Plan" ~ in order to implement the goals and objectives of the Circulation Element of its General Plan. and to mitigate the traffic impacts caused by new development in the City; and WHEREAS, the City is prepared to implement a portion of the Highway Master Plan in the Project Area by undertaking street improvements and road widening at the intersection ofLa Palma Avenue and Imperial l-tighway (the "Street Widening Project"); and WHEREAS, in connection with the Street Widening Project, the City's Public Utility Department and the Agency intend to constrivet, or have constructed various public improvements related to utility under~ounding and landscape beautification (the "improvements"); and XVHEREAS. the Agenc.x is authorized. pursuant to Section 33445 of the Community Redevelopment Law, to pay for all or part of the lm~d for and the cost of the installation of any public facility or improvement either within or without 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, (it) 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 blighttrig conditions inside the project area and is consistenl will: the implementation plan adopted pursuant to Section 33490 of the Comnmnity Redevelopmerit Law: and WHEREAS, in furtherm~ce of the public purposes of the Agency and the City, the Agency and the City desire to enter into that certain "Cooperation Agreement" 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 Improvements; and WHEREAS, the report prepared by Agency staff indicates that the installation of the Improvements is provided for in the Redevelopmerit Plan for the Project Area; and WHEREAS, the Agency and City Council each held public meetings on the proposed Agreement. at which time they reviewed and evaluated the proposed Agreement; the benefit to the Project Area to be derived from the proposed Agreement; whether other reasonable means of financing the Improvements to be provided by the Agency pursuant to the terms of the Agreement were available; whether the payment of funds for the costs of such Improvements would assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted Implementation Plan; staff reports prepared on this malter; and all of the information. testimony, and evidence presented during the public meetings; and 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 City Council has duly considered all terms and conditions of the proposed Agreement and believes that the installation of the 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. NOXV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEII~! 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. That the City Council has received and heard all oral and written objections to tile proposed Agreement and to the proposed construction and installation of the Improvements in co~mection therewith and to any other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled. That the Agreement is of benefit to the Project rid'ca and necessary to effectuate the purposes of the Redevelopment Plan. This finding is based upon the record of the public meetings on the AFeement! the Redevelopment Plan and the record of the joint public hearings for the adoption of the Redevelopment Plan. the reasons expressed herein, and upon the fact that the Improvements are needed for improving traffic circulation and access, thereby effectuating the purposes of the Redevelopment Plan by encouraging further private redevelopment of the Project Area. That there are no other reasonable means of financing the construction of the 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. That the Agency's pa)q,aent of funds for a portion o f the costs of the Improvements will assist in the alleviation of one or more blighting conditions inside the Project Area and is consistent with the Agency's adopted ;dnplementation 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 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 tile ln~provements. Section 2. Upon the finalization of the Agreement and any procedural issues related thereto to the reasonable satisfaction of the City Manager, the City Manager 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 si~l all documents necessary and appropriate m carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agree~nent and related documents. Section 4. The effective date of this Resolution shall be the date of its adoption. 'FILE FOREGOING RESOLIJTION IS PASSED, APPROVED AND ADOPTED BY THE CIIY COUNCIL OF THE CITY OF ANAHEIN'I THIS 5 (_th } DAY OF_ June ,2001. ATTEST: 39729.1 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) t, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-125 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of June, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Daly F THE CITY OF ANAHEIM (SEAL)