RES-2006-056RESOLUTION N0. 2406-456 .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMENT BY AND
BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM
REDEVELOPMENT AGENCY FOR THE PROVISION OF
PUBLIC IMPROVEMENTS AND MAI~NG 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 3une 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 proj ect 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
WI~REAS, 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" 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 Anaheim Colony Capital Improvements since such improvements
will benefit the Anaheim Merged Redevelopment Project Area and several affordable housing
projects; 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 seg.) (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 constriction 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 meetings on the
proposed Agreement, at which time they reviewed and evaluated the proposed Agreement; the
benefit to the Anaheim Merged Project Area to be derived from the proposed Agreement; whether
other reasonable means of financing the Anaheim Colony Capital 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
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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 manner; and
WHEREAS, the Agency has duly considered all terms and conditions of the proposed
Agreement 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 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 Agreement 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 obj ections 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 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
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 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
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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 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 Z. 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 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 her execution of the Agreement on the City's behalf, the City Manager (or his
designee), is authorized, on behalf of the City, to approveand/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 TffiS ELEVENTH (11 TH) DAY OF APRIL,
2006, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Me~bers Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
CI CLE
61311.1
MAYOR
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