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78-054°+ RESOLUTION N0. 78R- 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MAKING CERTAIN FINDINGS RESPECTING THE CONVEYANCE OF REAL PROPERTY TO THE CITY OF ANAHEIM BY THE ANAHEIM REDEVELOPMENT AGENCY; DETERMINING THAT THE CIVIC CENTER FACILITY IS OF BENEFIT TO REDEVELOPMENT PROJECT ALPHA; CONSENTING TO PAYMENT BY THE AGENCY OF THE COST OF THE LAND FOR AND A PORTION OF THE. COST OF CONSTRUCTION OF THE CIVIC CENTER FACILITY; DETERMINING THAT NO OTHER REASON- ABLE MEANS OF FINANCING IS AVAILABLE TO THE COMMUNITY; AND APPROVING AND AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT. BETWEEN THE CITY AND THE AGENCY. WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to execute and implement .the Redevelopment Plan (the "Plan") .for Redevelopment Project Alpha (the "Project"); and WHEREAS, the City will construct a Civie Center facility within the Project area; and WHEREAS, the City Council of the City of Anaheim has previously adopted and approved the Final Environmenal Impact Report for the Project, the Final Subsequent Environmental Impact Report for the Second Amendment to the Redevelopment Plan for. the Project,. and the Final Subsequent Environmental Impact Report for the -Civic Center facility, and has reviewed and considered said Reports ; and WHEREAS, the Anaheim Redevelopment Agency desires to pay the City for a portion of the cost of the Civic Center facility, to convey certain real property {the "Site") to the City for the construction of the facility, and to enter into an agreement with the City to make available to the Project parking in the Civic Center facility, in accordance with the terms and conditions of that certain Cooperation Agreement (the "Agreement") between the City and the Agency attached hereto as Exhibit "A"; and ~v. WHEREAS, the terms and conditions of the Agreement are acceptable to the City of Anaheim; and WHEREAS, the Agency has prepared, and. the City Council has reviewed and considered, a report setting forth the benefits of the Civic Center facility to the Project and the immediate neighborhood of the Project, and the means of financing the facility available to the community; and -1- WHEREAS, the Agency has prepared, and the City. Council has reviewed and considered, a summary setting forth the cost of the Agreement to the Agency and the estimated value of the interests to be conveyed determined at the highest uses permitted under the Redevelopment Plan, and said summary has been made available for public inspection in accordance with the California Community Redevelopment Law; and WHEREAS, pursuant to provisions of the California Community Redevelopment Law, the Agency and the Gity Council held a duly noticed joint public hearing on the proposed conveyance and Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: 1. The City Council hereby finds and determines that the consideration for conveyance of the Site by the Agency to the City is less than the fair market. value in accordance with the terms of the Cooperation Agreement governing the conveyance, and that such lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan. 2. The City Council hereby finds and determines that the proposed Civic Center facility is of benefit to the Redevelopment Project Alpha and the immediate neighborhood in which the Project is located. 3. The City Council hereby finds and determines that no other reasonable means of financing the Civic Center facility is available to the community. 4. The City Council hereby certifies that the information contained in the Civic Center EIR, and the information contained in the Final Environmental Impact Report for the Plan and the Final Subsequent Environmental Impact Report for the Second Amendment to the Plan have been reviewed and considered by the members of the City Council. 5. The City Council hereby finds and determines as follows with respect to the adverse. environmental impacts detailed in the above-mentioned EIRs; 1) Changes have been incorporated in the Redevelopment Plan, as amended, in the plans for the Civic Center facility, which mitigate or avoid certain of the significant environmental effects identified in the EIRs. -2- 2) Specific economic, social, financial, environmental and other considerations make infeasible certain of the mitiga- tion measures and project alternatives identified in the EIRs. A statement of the facts supporting these findings is attached hereto as Exhibit "grr. 6. The City. Council hereby. consents to and approves payment by the Agency to the City of a portion of the -cost of construction of the facility, and conveyance of certain real property by the Agency to the City, in accordance with the terms and conditions of the Cooperation Agreement. 7. The City Council hereby approves said Cooperation Agreement. 8. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of January, 1978. MAYaR OF'THE CITY. OF ANAHEIM ATTEST: ~~ ~'.~' C Y LERK OF TH CITY OF ANAHEIM JLW: j h -3- STATE OF CALIFORNIA ) - COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim,}do hereby certify that the foregoing Resolution No. 78R-54 was introduced and adopted at a regular meeting provided by law, of the City Council of the City~of Anaheim held on the 24th day of January, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.. 78R-54 on the 24th day of January, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of January, 1978. CITY.C ERK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 78R-54 duly passed and adopted by the Anaheim City Council on January 24, 197$. ,. ,_ CITY CLERK w'G.f" ~) ao~oa.zza•aax~ i~ ~~,,. EXiiiSiT "A" REDEVELOPMENTi' PROJECT ALPHA ANAHEIM, CALIFORNIA ~~C~1a~`~i~ ip, ~ ~ .,. ,.,;, `'~~~ 9 ~ E7; .~ fit; OFFICc G" ~lTY ~~ -1 ,.i~ ~ ~•_... J--,~•, COOPERATION AGREEMENT FOR THE ~' CONSTRUCTION OF A CIVIC CENTER FACILITY THIS AGREEN1EPdT is entered into this 24th day of Januar 1978, by and between the ANAHEIM REDEVELOPMENT AGENCY a public body, corporate and politic hereinafter referred to as the "Agency") and the CITY OF ANAHEIM, CALIFORNIA {a municipal cor- poration, hereinafter referred to as the "City"), with reference to the following: A. The City is undertaking the construction of a Civic Center facility in the Redevelopment Project Alpha (the "Project"). The facility is necessary for the execution of the Project under the provisions of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.) and pursuant to the Redevelopment Plan for the Project. B. The Agency desires to convey to the City certain real property to be used for construction of a Civic Center facility, to pay the City for a portion of the cost of said facility, and to provide by agreement with the City that parking to be constructed within the Civic Center area be made available to other developments in the Project area. C. The Agency and the City have determined that the construction of said facility is of ber..efit to the Project area, and that no other reasonable means of financing is available to the City for the construction of said facility. D. The Agency by this Ag~eeinent, is agreeing to pay the City for a portion of the cost of construction of such facility, to convey certain real property for the construction of the facility, anc? to enter into an agreement with the City for the use of parking spaces in the facility. NOt~7, T>~EREFORE, the Agency and the City mutually agree as follows: I. [§ 100] SCOPE OF SERVICES The City shall cause to be designed, constructed and instal- ~' led a Civic Center facility, .including public parking pursuant to plans and specifications to be prepared or caused to be prepared by the City. The facility shall be developed .as established in the Basic Concept Drawings approved by the Agency concurrently with this Agreement. i r w ` _ •` 4i •1. /'_ ' II. [§ 200] C~.VEYANCE OF REAL PROPERTY The Agency shall convey to the City in two phases, at no cost to the City, certain real property, as shown on the Site Map attached hereto as Attachment No. l and incorporated herein by this reference as necessary for the construction of the Civic Center and City Mall facility. "~" The Agency shall convey to the City_ title to those parcels presently owned by the Agency or by third parties and comprising Phase I on or before January 31, 1978, or as soon thereafter as the Agency shall obtain title and possession of the Phase I parcels. The Agency shall diligently proceed to acquire by purchase or eminent domain those parcels to be conveyed to the City as Phase II, and shall convey the Phase II parcels to the City within 90 days of obtaining title and possession to the last of such parcels. III. [§ 300] PARKING AGREEP4ENT The City shall enter into an Agreement with the Agency to make available to the Agency and/or to developers and occupants of property in the vicinity of the Civic Center facility, as designated by the Agency, such parking spaces as may be necessary or appropriate for use in connection with future developments to carry out Redevelop- ment Project Alpha. IV. [§ 400] PAYMENT BY AGENCY TO CITY A. [§ 401] Amount and Time of Payment The Agency shall, upon demand by the City, pay to the City the sum of $7,597,000, which shall.be the Agency's share of the cost of construction and installation of the Civic Center facility. B. [§ 402] Accrual of Interest The City shall deposit said sum into a Civic Center Fund upon which interest shall be payable. The interest earned with respect to the Agency funds shall accrue and be paid to the Agency upon receipt by the City, until such time as the Agency funds are disbursed by the City to contractors performing work in connection with the installation and construction of the Civic Center facility or until the City staff shall have completed any work to be per- formed by the City in connection with construction of the facility. The balance of the cost of installation and construction of said facility shall be paid by the City without further contribution by the Agency. At such time as all of the work to be performed has been completed any unexpended Agency funds .remaining in the Civic Center fund including any accrued interest thereon, shall ' be paid to the Agency. Periodically, or at such time as the Agency shall request of the City in writing, the City shall provide the Agency with an accounting of the current balance of the Agency's payment deposited in the Civic Center Fund. Such accounting shall specify the amounts expended by the City for the installation and construction of the Civic Center facility, and shall contain a certification that the Agency funds were expended in accordance with the terms and con- ditions of this Agreement. -2- V. [§ SOOj CONSTRUCTION SCHEDULE The City shall commence the construction and installation of the Civic Center and City Hall facility as soon as is feasible upon execution of this agreement by the City. The construction and installation of said facility shall be diligently prosecuted to completion. VI. [§ 600] LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liabil- ity would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that may be imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein. IN Z9ITNESS tiaHEREOF, the Agency and the City have executed this Agreement as of the date first set forth hereinabove. ATTEST: City Clerk ATTEST: Agency Secretary APPROVED: Law Offices of Eugene B. Jacobs By: Attorney at Law Date: CITY OF ANAHEI.~i (City) By: ANAHEIM REDEVELOPMENT AGENCY (Agency) By: -3- i~ r,i ~ s^, ,..., ,, L~.~i:~ ~.., r..n . ~.~ .,., , ~„ ~~. ' ~ sy O W ;N 1 O~ ~ r I ~ "~ ' . ~ -. ~ .,~ r~ 1 ~v~ ______ _._ __-r!_ __ ~? ~ ---- - ---lu, ~w ~»r --- N N N C '~ ,~ r . t~~i~'~-'-ilk ~o~. `y s 11 tJ0) r - • 1Y ~-~~ ~N IN D ~ .~ ~ i m I 7 - ~ - ~_ :i 1 .-~ Y/f ~s - _ , ~~ ~~ ~\ -~ v v ~ v ,,._. ~ ice. 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EXHI RIT "6" STATEMENT OF FACTS SUPPORTING ENVIRONMENTAL FINDINGS 1. .The EtR for the Civic Center facility (pp. 5g-60) describes mitigation measures developed by a citizen-government task force to minimize the environmental impact of the facility which were incorporated into plans for the Civic .Center facility. The EIR for the Second Amendment to the Redevelopment Plan far Project Alpha (pp. 111-118) sets forth the measures which the Agency will take to minimize adverse impacts that might result from carrying out the Pian, as amended. 2. The EIR for the Civic Center facility discusses the adverse environmental effects which are unavoidable if the facility is con- structed (pp. 57-58)• The alternatives to constructing the facility as proposed, and the considerations which make these alternatives infeasible, are set forth at pages 61-64. The EIR for the Second Amendment to the Plan considers plan implementation activities including development of a new City Nall and substantial office space (p, l5). The unavoidable adverse im- pacts of the amended Plan and the proposed. implementation activities are discussed at pages 120-121. Alternat'sves to the amended Plan, and the considerations which make those alternatives infeasible, are set forth at pages 122-140.