ARA2003-05RESOLUTION NO. AP&2003-5
RESOLUTION OF THE ANAHEIM I-*dEDEVELOPMENT
AGENCY APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMENT BY AND
BET'~VEEN THE CITY OF ANAHEIM AND THE ANAItEII~I
REDEVELOPMENT AGENCY FOR THE PROVISION OF
PUBLIC IMPROVEMENTS AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the ,~maheim 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 Ciw on June 6, 1961, and exercising its powers pursuant to the Ca!ifomia
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and
WHEREAS, on July 19, 19, .~, the C,~tv t. ouncu e, the City adopted a redevelop:nent plan
for the Redevelopment Project Alpha by Ordinance No. 3190, (which plan ',vas subsequently
amended on July 20, 1976 by Ordinance No. 356'7, on November 30, 1976 by Ordinance' No. 363 i,
on January 12, 1982 by Ordinance No. 4300, and on December 13, 1994 by Ordinance No. 5468);
and
WIIEREAS, the Agency has been, and continues to be, engaged in activities necessary to
care' out and implement the redevelopment pia:~ (the "Redevelopment Plan") for Redevelopment
Project Alpha (the "Project Area"); and
WHEREAS, in order to carry o~.tt and implement the F:sdeveloptnent Plar~., the Agency is
undertaking certain activities necessary far redevelopment of the Project Area in accordance with
prc-,,isions of the California Community Red.::velopment Law (Health and Safety Code
Section 33000 et seq.); and
WHEREAS, the City has adopted a Maste~ Plan of Hi&hways Public Facilities (the
"Highway Master Plan") in order to implement the gca!s 'md objectives of the Circulation Element
of its General Plan, and to mitigate the tr.-If'fie ir:,p.~cts caused by new development in the City; and
X. VHEREAS, the City is prepar~:'d to m:p!et::ent a pectic:: of the !tighway Master Plan itt the
Project ?,tea by undertaking street and tra£F.c imprc:':emen~:s at the intersection ofMiral, oma Avenue
and Sunshine Way (the "Improvements"); and
~ autncm_ed, p~i:'sttant to Section 3.3445 of the Community
WitEI~f:AS, the Azency is '
Redevelopment Law, to pay fer all or pan o fthe !a:.A .~'m' a: td ',:he cost ofd:e installation ofany public
l~acility or improvement either within or ,,v[rho ut a particular' project .area upon a determination of the
City Counci! and Agency that (i) the fi~,cilities or u'.q7roveraenrs ate of benefit to the project area or
t?~e immediate neighborhood in which th.::, prcOec: is k,cated, (iil t~at 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 ~ea and is ¢cm$istent with the implementation plan adopted
pursuant to Section 33490 of the Community Redevelopment La,v; 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" 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 Agen:y staff indicates that the installation of the
Improvements is provided for in the Redevelopment Plan for the Project Area; and
WHEREAS, the Agency and City Coancil 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 fi'om the proposed Ag-reement; ~vhether 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 ofsuch Improvements would assist in the
alleviation of one or more blighting conditior,.s inside tt~e 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
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely mmmer; and
WHEREAS, the Agency has duly co~3sidcred all terrns and conditions of the proposed
A~eement and believes that the installation of the ]Tmprovements is in the best interests of the City.
of Anaheim and the health, safety, and welfare of its residents, and in accord xvith the public
purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED BY TIlE 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 tnle and correct.
That the Agency has received and heard all oral and written objections to the
proposed Ageement and to the proposed cortstruction and installation of the
h'nprovements in connection therewith and to any other matters pertaining to this
transaction, and that all such oral and written objections are hereby overruled.
Ce
That the Agreement is of benefit to the Project Area and necessary to effectuate the
purposes of the Redevelopment P!an. This finding is based upon the record of the
public meetings on the A.~eement, 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 ]fmprovements 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 ~nd
revenues are required and necessar>, fbr vital public services.
That the Agency's paymen.t of funds for a portion of the costs of the hnprovements
will assist in the alleviation of one nv more blighting conditions inside the Project
Area and is consistent with thc 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 Lrnprovements will materially
assist in accomplishing certain stated, goa!s and o~iectives of the ~p!ernentation
Plan.
F. That the City has or will have the ability to maintain the Improvements.
Section 2. The Agreement is hereby approved and 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 A~eement on the Agency's behalI; the Agency's
Executive Director (or her designee), is author/zed, on beha!fofthe Agency, to approve and/or sign
all documents necessary and appropriate to carl'y out and irnplement the A£eeement, and to
administer the Agency's obligations, responsibilities and duties to be perforrned under the
A~eement and related documents.
Section 4. The effective date of this Resoiutio,,~ si'tali be the ,:late of its adoption.
Section 5. The Agency Secretary shall certify to the adoption of this Resolution.
THE F "' .
~OREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
GOVERNING BOARD OF THE ,.-MNAHEIM REDEVELOPMENT AGENCY THIS 10 ( th ) DAY Ob' Jrme ._, 2003.
Chairman
:¥rTEST:
~ge~c,~ sgcretar~- -
49749. !
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, Secretary of the Anaheim Redevelopment Agency, do hereby certify
that the foregoing Resolution No. ARA2003-5 was passed and adopted at a regular meeting of
the Anaheim Redevelopment Agency held on the 10th day of June 2003, by the following vote of
the members thereof:
AYES:
NOES:
TEMP ABSENT:
ABSTAINED:
CHAIRMAN/AGENCY:
CHAIRMAN/AGENCY:
CHAIRMAN/AGENCY:
CHAIRMAN/AGENCY:
Chavez, McCracken, Pringle, Tait
None
Hernandez
None
~ECRETARY OF THE ANAHEIM
REDEVELOPMENT AGENCY
(SEAL)