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RES-2011-007RESOLUTION NO. 2011 -007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND AUTHORIZING THE EXECUTION OF COOPERATION AGREEMENT (WEST ANAHEIM 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 and utility distribution systems (the "West Anaheim 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 West Anaheim Subarea; and WHEREAS, the Agency is authorized, pursuant to Section' 3445 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 1 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 (West Anaheim 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 West Anaheim Public 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 West Anaheim 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 West Anaheim 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 West Anaheim Public Improvements for purposes of CEQA because (i) the General Plan Update EIR is a Program EIR, (ii) the construction of the West Anaheim Public Improvements is consistent with the General Plan, (iii) the construction of the West Anaheim 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 West Anaheim 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 West Anaheim 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 special meetings; and 2 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 West Anaheim 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 West Anaheim 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 West Anaheim 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 West Anaheim 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 West Anaheim 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 West Anaheim Public Improvements will materially assist in accomplishing certain stated goals and objectives of the Implementation Plan. 3 F. That the City has or will have the ability to maintain the West Anaheim Public Improvements. G. That impacts associated with the development of the West Anaheim 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 ATTES CITY dLERK 81236.1 11