2003-097RESOLUTION NO. 2003R-97
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AU'THORIZING THE
EXECUTION OF A COOPERATION AGREEMENT BY AND
BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM
REDEVELOPMENT AGENCY FOR THE PROVISION OF
PUBLIC IMPROVEMENTS A.ND MAKING CERTAIN
FINDINGS IN CONNECTION TttEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a public body,
corporate and politic, formed by Resolution No. 6966 of the City of,~,aheim (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, on July 19, 1973, the City Council of the City adopted a redevelopment plan
for the Redevelopment Project Alpha by Ordinance No. 3190, (which plan was subsequently'
amended on July 20, 1976 by Ordinance No. 3567, on Nove.rnL-er 30, 1976 by Ordinance No. 3631,
on January 12, 1982 by Ordinance No. a300, and on Decen:ber 13, 1994 by Ordinance No. 54.68);
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 Redevelopment
Project Alpha (the "Project .Area"); and
WHEREAS, in order to can'y out and implement the Redevelopment Plan, the Agency is
undertaking certain activities necessary for redevelcpment of the Project Area in accordance with
provisions of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.); and
WHEREAS, the City has adopted a Master Plan of Highways Public Facilities (the
"Highway Master Plan") in order to implemen! the geals and objectives of the Circulation Element
cf its General Plan, and to mitigate the tra£15¢: impacts caused by r~ew development in the City; and
WHEREAS, the City is prepared to imp!cment a portion of the Highway Master Plan .;n the
Project Area by undertaking street and tra.~t;.c in',prow:.mc:n(s at ',:l~e intersection of Miraloma Avenue
and Sunshine Way (the "[mproven~ems"); and
WHEREAS, the Agency is antk, orized, pursuant to Section 33445 of the Community
Redevelopment I_aw, to pay for al! or par! of thc land fi, r si'rd t',.'le cost of the installation ofanypublic
facility or improvement either within or -,v ithc, u.; a i.;3;ricu lar pr,:kiect area upon a determination of the
City. Council and Agency that (i) the fk, cihties ,:,r .,.,,; .... ;"~v~-',~,,,'',.,.: are oFbenefit to the project area or
_ , "' ' ..~; !.hat no other reasonable tneans of
the immediate .,tei ahbcrhood in winch the pro¢,?.ct is !coated, F'x
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 Improvements; and
WHEREAS, the report prepared by Agency 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 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 matter; and alt 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.
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.
Be
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
Improvements in connection 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 Area 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 heatings for the adoption of the Redevelopment Plan, the reasons expressed
herein, and upon the fact that the Improvements are needed tbr 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 pa?,ial 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 fi~nd
revenues are required and necessary for vital public services.
to
That the Agency's payment of ~nds for a portion cf 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 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 Improvements will materially
assist in accornplishing certain stated goals and objectives of the Implementation
Plan.
F. That the City has or will have the ability to maintain the Improvements,
Section 2. The Agreement is hereby approved and 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 approve and/or sign all documents necessm.-y mid
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
Section 5. The City Clerk shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS __ q 0 (*,h ) DAY
OF Ju.ue _, 2003.
ATTEST:
C~y Clerk
49750.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-97 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 10th day of June, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT:
MAYOR/COUNCIL MEMBERS: Hernandez
C~,~-CLERK ~)F THI~ CITY OF ANAHEIM
(SEAL)