RES-2011-006RESOLUTION NO. 2011 -006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMENT (STADIUM
PUBLIC IMPROVEMENTS) 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
improvements to the City's infrastructure, including improvements to sewer, storm drain,
pedestrian and traffic circulation, parking and utility distribution systems (the "Stadium Public
Improvements ") need to be constructed in order to accommodate future development and
redevelopment within that portion of Anaheim's Merged Project Area known as the Anaheim
Stadium Subarea; 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
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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 (Stadium Public
Improvements) dated as of January 1, 2011 by and between the City and the Agency (the
"Agreement ") pursuant to which the Agency agreed to fund a portion of the City's cost of
constructing and installing the Stadium Public Improvements since such improvements will
benefit the Anaheim Merged Redevelopment Project Area; and
WHEREAS, the report prepared by Agency staff indicates that the installation of portions
of the Stadium 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 Stadium 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 Stadium Public Improvements for purposes of CEQA
because (1) the General Plan Update EIR is a Program EIR, (ii) the construction of the Stadium
Public Improvements is consistent with the General Plan, (iii) the construction of the Stadium
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 Stadium Public
Improvements; and
WHEREAS, the Governing Board and City Council each held public special 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 Stadium 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 s; and
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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 Stadium 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 Stadium 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
special 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 Stadium 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
Stadium 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 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 Stadium 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 the Agreement, the reasons expressed herein, and
upon the fact that the Stadium 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 Stadium Public
Improvements.
G. That impacts associated with the development of the Stadium 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 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
81240.1
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