99-052RESOLUTION NO. ~9R-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (1) CONSENTING TO A COOPERATION AND
REIMBURSEMENT AGREEMENT BETWEEN THE
ANAHEIM REDEVELOPMENT AGENCY AND THE
ANAHEIM UNION HIGH SCHOOL DISTRICT AND
(2) MAKIN(: CERTAIN FINDINGS WITH RESPECT TO THE
FUNDING OF PUBLIC IMPROVEMENTS BY THE AGENCY
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, on December 3, 1993, the City Council of the City adopted, by Ordinance
No. 5412, a redevelopment plan for an approximately 318 acre redevelopment project area known
as the Brookhurst Commercial Corridor Redevelopment Project (the "Project Area"); and
WHEREAS, on June 23, 1998, the City Council of the City amended the redevelopment plan
for the Brookhurst Commercial Corridor Redevelopment Project expanding the Project Area and
renaming the Redevelopment Project by adopting the Redevelopment Plan for the West Anaheim
Commercial Corridors Redevelopment Project (the "Redevelopment Plan"); and
WHEREAS, pursuant to Health and Safety Code Section 33368, the Project Area is
conclusively presumed to be a blighted area, and the Agency continues to be engaged in activities
necessary to carry out and implement the Redevelopment Plan; and
WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency is
undertaking certain activities necessary for redevelopment of the Project Area in accordance with
` provisions of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seg.), including the implementation of certain streetscape improvement
recommendations contained in the Brookhurst Planning and Design Recornmendation Study
approved by the Agency in January, 1997 (the "Improvements"); 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 without 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 iulmediate 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, the installation of the Improvements is provided for in the Redevelopment Plan
for the Project Area, and the City and the Agency have similar public purposes for the construction
and installation of the Improvements; and
WHEREAS, in furtherance of the public purposes of the Agency and the City, the Agency
desires to enter into a Cooperation and Reimbursement Agreement (the "Agreement") by and
between the Agency and the Anaheim Union High School District (the "District") pursuant to which
the Agency would cause certain landscape improvements to be installed at Brookhurst Junior High
School along Brookhurst Avenue and Crescent Avenue (the "School Improvements") and adjacent
to the property where the Improvements will be installed, and the District would reimburse the
Agency for costs incurred in undertaking the School Improvements on the District's behalf; and
WHEREAS, in accordance with Sections 33333.3 and 33352(k) of the Community
Redevelopment Law, the Califomia Environmental Quality Act (California Public Resources Code
Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of
Regulations Section 15000 et seq.), and procedures adopted by the Agency relating to environmental
` evaluation of public and private projects, the Agency caused environmental impact reports to be
prepared to identify and analyze the potential environmental impacts associated with public and
private activities undertaken to implement the Redevelopment Plan; and
WHEREAS, CEQA Section 21090 provides that all public and private activities or
undertakings pursuant to, or in furtherance of, a redevelopment plan shall be deemed to be a single
project; amplifying this, Section 15180 of the CEQA Guidelines provides that an EIR on a
redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for
individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR
would be required by Section 15162 or 15163 of the CEQA Guidelines; and
WHEREAS, pursuant to Section 15168(c) of the CEQA Guidelines, the Agency's staff
reviewed the plans for construction of the Improvements in light of the program EIRs for the
Redevelopment Plan to determine whether any additional environmental documentation needed to
be prepared; and
WHEREAS, the review by Agency staff indicates that the whole "project" of which the
Improvements are a part is within the scope of the previously approved Redevelopment Plan for
which program EIRs were previously certified, and therefore further environmental documentation
is not required in accordance with Section 15168(c) of the CEQA Guidelines; and
WHEREAS, on March 23, 1999, the Agency and City Council each held public meetings
on the Improvements, at which time they reviewed and evaluated the Improvements, the benefit to
the Project Areas to be derived from the Improvements; whether there were other reasonable means
of financing the Improvements to be provided by the Agency; whether the Agency's payment of the
costs of the 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 all of the information, testimony, and evidence presented daring the
public meetings; and
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WHEREAS, all actions required by all applicable law with respect to the Improvements have
been taken in an appropriate and timely manner; and
WHEREAS, the City Council believes that the installation of the Improvements and the
School 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 Anaheim City Council 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 Agency's proposed construction and installation of the Improvements and to any other
matters pertaining to this transaction, and that all such oral and written objections are hereby
overruled.
C. That the Improvements are of benefit to the Project Area and are necessary
to effectuate the purposes of the Redevelopment Plan. This finding is based upon the record
of the public meetings, the Redevelopment Plan and the record of the joint public hearings
for the adoption of the Plan, the reasons expressed herein, and upon the fact that the
Improvements will create a gateway and improve the appearance of the City, thereby
encouraging further redevelopment of the Project Area.
D. That there are no other reasonable means of financing the construction of the
Improvements available to the community other than Agency funding. This finding is based
upon the record of the public meetings considering the Improvements, the reasons expressed
. herein, and upon the fact that City general fund revenues are required and necessary for vital
public services, and that Agency financing is necessary to pay for the cost of the
Improvements.
E. That the Agency's payment of funds for 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 for this matter, the reasons expressed herein, and upon the fact
that the 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 Improvements.
G. That the Agency's obligation under the Agreement to construct the School
Improvements at the District's expense does not constitute Agency fording of the School
Improvements for purposes of Section 33445 of the Community Redevelopment Law. This
finding is based in part upon the express wording of the Agreement itself.
H. That in accordance with the requirements of CEQA and the CEQA
Guidelines, the City Council has independently considered the program Final EIRs for the
Redevelopment Plan and finds and determines that:
1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA
Guidelines, the Agency's installation of the Improvements and the School
Improvements represents public activities or undertakings pursuant to, or in
furtherance of, the Redevelopment Plan for the Project Area for which the program
Final EIRs for the Redevelopment Plan were approved and certified.
2. Pursuant to Section 15162 of the CEQA Guidelines, no new effects
could occur or no new mitigation measures are required in connection with the
Agency's installation of the Improvements and the School Improvements so as to
require the Agency to prepare either a subsequent EIR or a supplemental EIR.
Moreover, the Improvements represent the implementation of needed environmental
mitigation measures identified in the Final EIRs for the Redevelopment Plan.
3. Pursuant to Sections 15301 and 15304 of the CEQA Guidelines, the
Improvements represent the repair and alteration of existing street and streetscape
structures or landscaping/topographical features involving no expansion of current
use, and their installation is exempt from the application of CEQA pursuant to
"Class 1" and "Class 4" categorical exemptions. Moreover, the Improvements
represent the implementation of needed aesthetic improvements to the Project Area.
4. Pursuant to Section 15304 of the CEQA Guidelines, the installation
of the School Improvements pursuant to the Agreement represents minor public
alterations to the condition of land and/or vegetation by the installation of new
landscaping and are thus exempt from the application of CEQA pursuant to a
"Class 4" categorical exemption.
The foregoing findings are based upon the administrative record for this matter, the reasons
expressed herein, and the previously approved and certified program Final EIRs for the
Redevelopment Plan. In compliance with Section 15074 of the CEQA Guidelines, the City
Clerk, located in City Hall, 200 South Anaheim Boulevard, Anaheim, shall be the custodian
of the records of the proceedings upon which this decision is based.
Section 2. The Agency's development of the Improvements is hereby approved; the City
Council also consents to the Agreement between the Agency and the District.
Section 3. City staff is hereby authorized and directed to take any appropriate action
consistent with the purposes of this Resolution, and to administer the City's obligations,
responsibilities and duties to be performed hereunder and under any related documents.
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Section 4. The City Clerk shall certify to the adoption of this Resolution and shall cause
any notice provided for under CEQA Section 21152 and Section 15074 of the CEQA Guidelines to
be filed in accordance with the requirements of those Sections.
Section 5. The effective date of this Resolution shall be the date of its adoption.
APPROVED AND ADOPTED by the members of the Anaheim City Council this ~ day
of March, 1999.
/-~-
Tom Daly, Mayor
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-52 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-52 on the 23rd day of March, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of March, 1999.
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CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original of Resolution No. 99R-52 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
CITY CLERK OF THE CITY OF ANAHEIM