99-054RESOLUTION NO. 9911-54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIIVi APPROVING AND AL'THORiLING THE
EXECUTION OF A COOPERATION AGREEMENT BY AND
BETWEEN THE CITY OF ANAHEI'VI AND THE ANAHEIM
REDEVELOPMENT AGENCY FOR THE PROVISION OF
PUBLIC IMPROVEMENTS AND 1vIAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a public bodv,
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
`VHEREAS, 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 November 30, 1976 by Ordinance No. 363 1,
on January 12, 1952 by Ordinance No. 4300, and on December l3, 1994 by Ordinance No. 5=~65);
and
WHEREAS, on June 13, 1990, the City Council of the City adopted a redevelopment plan
for tine Plaza Redevelopment Project by Ordinance No. 5464 (which plan was subsequently amended
on December 13, 1994 by Ordinance No. 5464); and
`VHEREAS, the Agency has been, and continues to be, engaged in activities necessary to
cam out and implement the redevelopment plans (the "Redevelopment Plans"1 far Redevelopment
Protect alpha and the Plaza Redevelopment Project (the "Project Areas") ;and
WHEREAS, in order to carry out and implement the Redevelopment Plans, the Agency is
undertaking certain activities necessary for redevelopment of the Project Areas in. accordance with
provisions of the California Community Redevelopment Law (Health and Safety Code
Section 3 3000 et seq.); and
td"HEREAS, the City has adopted a Master Plan of Highways Public Faciliries (the
°Highway Master Plan") in order to implement the goals and objectives of the Circulation Element
of its General Pla~r, and to mitigate the Craffic impacts caused by new development in the City: and
V4'HEREAS, the Ciry is prepared to implement a portion of the Highway ~-faster Piart ir. and
adjacent to the Project Areas by undertaking street improvements and road widening of Nest Lincoln
.y~ enue from the termination of Segment C, Caltrans Interstate S Freeway widening project easterly
throu~_=h the Lincoln Avenue~~~ est Street intersection to Illinois Street; and street beautitication
i:aprovement, from Illinois Street to East Street (the "Improvements" j; and
~~'HEREAS, the Agency is authorized, pursuant to Section 33445 of the Community
Redevelopmc:a;t La•,v, to pay far ai! or part of the land for and the cost of the installation of any public
fa~:ility cr irnprc••.~err_eni either within or without a particular project area upon a determination oftize
City Council and Agency that (i) the facilities or improvements are of benefit to the Project Areas
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 fitnds 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 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
and the City desire to enter into that certain "Cooperation Agreement" by and between the City and
the Agency (the "Agreement") pursuant to which (i) the Agency will fund a portion of the City's cost
of constructing and installing the Improvements, (ii) the Agency will receive credits for its funds
expended on the Improvements against Transportation Fees otherwise payable by new development
in and adjacent to the Project Areas (the "Transportation Fee Credits"), and (iii) the Agency will be
permitted to transfer said Transportation Fee Credits to owner participants and/or developers with
whom the Agency enters into agreements regarding new development in and/or adjacent to the
Project Areas; and
WHEREAS, the report prepared by Agency staff indicates that the installation of the
Improvements is provided for in the Redevelopment Plans for the Project Areas; and
WHEREAS, in accordance with Sections 33333.3 and 33352(k) of the Communit}-
Redevelopment Law, the California Environmental Quality Act (California Public Resources Code
Section 21000 et sey.: "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 and
negative declarations to be prepared to identify and analyze the potential environmental impacts
associated with public and private activities undertaken to implement the Redevelopment Plans; and
WHEREAS, CEQA Section 21090 provides that all public anal 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 cornponents 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 City's plan for construction of the Improvements as facilitated by the Agreement in
light of the program EIRs and negative declarations for the Redevelopment Plans, as well as EIRs
certified by the City as the "lead agency" in connection with the Circulation Element of its General
Plan and prepared by Caltrans as the "lead agency" for its h~terstate ~ Freeway widening project to
determine whether any additional environmental documentation needed to be prepared; and
WHEREAS, the Negative Declaration prepared by Agency staff indicates that the whole
"project" of which the Improvements are a part is within the scope of the previously approved
Redevelopment Plans for which EIRs were previously certified and negative declarations were
approved, and therefore no new EIR is required; and
WHEREAS, on March , 1999, 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 Areas 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 Areas 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 joint public meeting; 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 ir, accord with the public
purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, BE 1T 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 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.
C. That the Agreement is of benefit to the Project Areas and are necessary to
effectuate the purposes of the Redevelopment Plans. This finding is based upon the record
of the public meetings on the Agreement, the Redevelopment Plans and the record of the
joint public hearings for the adoption of those Plans, the reasons expressed herein, and upon
the fact that, with Caltrans' completion of its Interstate ~ Freeway widening project, the
Improvements will be needed immediately for improving traffic circulation and access,
thereby effectuating the purposes of the Redevelopment Plans by encouraving further private
redevelopment of the Project Areas.
D. That there are no other reasonable means of tinancirtg the consn~uction of the
Improvements available to the community other than Agency funding. This :indin_? is based
upon the record of the public meetings considering the A~n-eement, the reasons expressed
herein, and upon the fact that City general fund revenues are required and necessary for vital
public services, and that even if the City is successful in obtaining grant funding for the
Improvements, such funding will still require a local agency contribution and Agency
funding will be necessary to pay for at least 50% of that local agency contribution.
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 Areas and is
consistent with the Agency's adopted Implementation Plans. 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 accomplishing certain stated
goals and objectives of the Implementation Plans.
F. That in accordance with Section 33421.1 of the Community Redevelopment
Law, the Agency's provision of such public infrastructure improvements as the
Improvements is necessary to effectuate the purposes of the Redevelopment Plans. This
finding is based upon the record of the public meeting on the Agreement, the Redevelopment
Plans and the record of the joint public hearings for the adoption of those Plans, and the
reasons expressed herein.
G. That the Ciry has or will have the ability to maintain the Improvements.
H. That in accordance with the requirements of CEQA. and the CEQA
Guidelines, the City Council has independently considered (i) the program Final EIRs for the
Redevelopment Plans, (ii) the Circulation Element of the City's General Plan and the Final
EIR certified therefor, (iii) the Final EIR prepared by Caltrans as the "lead agency" for its
Interstate 5 Freeway widening project, and (iv) the Negative Declaration prepared for the
Agreement, and finds and determines that,
1. Pursuant to CEQA Section 21090 and Section 1 ~ 180 of the CEQA
. _ Guidelines, the Agreement represents public and private activities or undertakings
pursuant to, or in furtherance of, the Redevelopment. Plans for the Project Areas far
which the program Final EIRs for the Redevelopment Plans were approved and
certified.
2. Pursuant to Section 15162 of the CEQA Guidelines, no ne~v effects
could occur or no new mitigation measures are required in connection with the
Agency's approval of the Agreement so as to require the Agency to prepare either a
subsequent EIR or a supplemental EIR. As noted in the Negative Declaration, the
housing project presently contemplated may require additional environmental
evaluation when a precise development plan is brought forward. The Improvements
facilitate the redevelopment of previously developed blighted urban property in
implementation of the Redevelopment Plans and the potentially significant
environmental effects of such redevelopment was analyzed in the proms am Final EIR
and (in some cases) identified therein as mitigation measures for the Redevelopment
Plans. Moreover, the Improvements were identified in the Highway Master Plan as
being necessary in order to implement the goals and objectives of the Circulation.
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Element of the City's General Plan and as such represent the implementation of
needed environmental mitigation measures identified in the Final Environmental
Impact Report for the Anaheim General Plan. Finally, the Negative Declaration
prepared by Agency staff for the Agreement represents the independent judgment of
the City Council and is hereby approved and adopted.
The foregoing findings are based upon the administrative record for the Agreement, the
reasons expressed herein, the previously approved and certified program Final EIRs for the
Redevelopment Plans, the Final EIR prepared by Caltrans as the "lead agency" for its
Interstate 5 Freeway widening project, the General Plan and the Final EIR certified in
connection therewith, and the Negative Declaration.
Section 2. Upon the finalization of the Agreement and any procedural issues related
thereto to the reasonable satisfaction of the Agency's Executive Director, the )Mayor is hereby
authorized to execute the Agreement on behalf of the City. A copy of the Agreement, when executed
b}~ the Agency's Executive Director and the Mayor, shall be placed on file in the office of the City
Clerk. In compliance with Section 15074 of the CEQA Guidelines, the City Clerk, located in City
1-Tall, 200 South Anaheim Boulevard, Anaheim, shall be the custodian of the records of the
proceedings upon which this decision is based.
Section 3. City staff is hereby authorized and directed to take any appropriate action
consistent with the purposes of this Resolution and the Agreement approved hereby to cam- out the
Agreement on behalf of the City and to administer the City's obligations, responsibilities and duties
to be performed under the Agreement and any related documents.
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 1074 of the CEQA Guidelines to
be tiled 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 2.3~d day
of March, 1999.
~^
--~~ --
Tom Daly, Mayor
APPROVED AS TO FO
JACK ~I
B v:
J~Ftn E. ~Voodhead
Assistant City ,attorney
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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-54 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: MAYORlCOUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-54 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.
c~
CITY CLERK OF T E 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-54 was duly passed and adopted by the City Council of the City
of Anaheim on March 23rd, 1999.
i'~~~ _
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C[TY OF ANAHEIM )
I, Leonora Sohl, City Clerk of the City of Anaheim, hereby certify that the above and
foregoing Resolution No. was duly and regularly passed and adopted by the Anaheim City
Council at a publicly noticed regular meeting thereof, held on the day of March, 1999, by the
following vote:
AYES:
NOES:
' ~ ABSTAIN:
ABSENT:
Anaheim City Clerk
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