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93-179 RESOLUTION NO. 93R-179 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING MAKING CERTAIN FINDINGS WITH RESPECT TO CITY HALL WEST WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is a community redevelopment agency organized and existing under the Community Redevelopment Law, Health and Safety Code Section 33000 et seo.; and WHEREAS, the City Council of the City of Anaheim (the "City Council") adopted the Redevelopment Plan for the Alpha Redevelopment Project ("Project Alpha") on July 19, 1973 by Ordinance No. 3190, and as said plan was first amended by the City Council on July 20, 1976 by Ordinance No. 3631, and as said plan was third amended by the City Council on January 5, 1982 by Ordinance No. 4300; and WHEREAS, the Anaheim Redevelopment Agency is engaged in activities necessary and appropriate to carry out such redevelopment plan for Project Alpha; and WHEREAS, the City of Anaheim (the "City") is a charter city organized and existing pursuant to the Constitution of the State of California; and WHEREAS, Section 33445 of the California Community Redevelopment Law (Health and Safety Code Section 33000, et sea.) authorizes a redevelopment agency, with the consent of the legislative body, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without the project area upon certain findings; and WHEREAS, Section 33679 of the California Community Redevelopment Law requires that a legislative body must hold a duly noticed public hearing and make available a summary report before an agency commits to use tax increment funds for the purpose of paying all or part of the land for, and the cost of the installation and construction of, any publicly owned building; and WHEREAS, the City and Agency have entered into that certain Cooperation Agreement dated January 9, 1990 (the "Cooperation Agreement"), which Cooperation Agreement among other things provides for the construction of the "City Utilities Building" located at 201 S. Anaheim Boulevard, in the City of Anaheim (hereinafter referred to as "City Hall West"); and WHEREAS, Section 4 of the Cooperation Agreement provides for payment by the City to the Agency of the costs of construction of City Hall West; and WHEREAS, the City and the Agency propose to enter a First Amendment of Cooperation Agreement whereby the City will lease to the Agency a portion of the real property and improvements comprising City Hall West for a term of 55 years and grant to the Agency an option to purchase such improvements at the end of such term, and the City and the Agency have PUBt.:3257_l 1391 I B2621. I l entered or propose to into that certain Lease and Option to Purchase with respect to City Hall West (the "Lease"); and WHEREAS, the Agency proposes to commit to use an amount which is expected to be approximately One Million Seven Hundred Fifty Thousand Dollars ($l,750,000) of its tax allocation bond proceeds to pay rent and at the end of such term exercise its option to purchase said interest in the subject property pursuant to the Lease for City Hall West; WHEREAS, the expenditure of Agency funds for the Agency's lease and option to purchase an interest in City Hall West is of benefit to Project Alpha and the surrounding development, and is necessary to effectuate the purposes of the Project Alpha redevelopment plan, as an integral part of the development of a unified, coordinated complex of office and commercial uses with an integrated appearance and of a high quality so as to substantially improve the aesthetic, economic and social character of Project Alpha and the Downtown Anaheim area; and WHEREAS, there are no other reasonable means of financing the cost of the lease of and option to purchase an interest in City Hall West, as neither the City nor the Anaheim City Utilities Department has funds in its general fund or capital improvement accounts which are currently unencumbered or available for the benefit and use of the Agency, and likewise, the Agency has no alternative sources of funding to pay for the costs of the lease of and option to purchase an interest in City Hall West; and WHEREAS, because the Agency will lease and occupy a portion of City Hall West, it is appropriate and reasonable that Agency funds be used for the rental payments due; and WHEREAS, the construction and rental of and option to purchase an interest in City Hall West is in furtherance of the purpose of redevelopment to promote the sound development of blighted areas through the provisions of public structures and spaces as may be appropriate or necessary in the interest of the general welfare, allowing the City to consolidate previously scattered departments into a single building adjacent to the existing City Hall complex, and providing a high quality office structure which is intended to set a high standard of development for the Downtown Anaheim area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines that the Agency's lease of a portion of and option to purchase an interest in City Hall West is of benefit to Project Alpha and the surrounding development, and is necessary to effectuate the purposes of the Project Alpha redevelopment plan. Section 2. The City Council finds and determines that no other means of financing the Agency's lease of a portion of and option to purchase an interest in City Hall West are available to the community. PUBL:3257_1139[ I B2621.1 I 2 Section 3. The City Council finds and determines that the lease with option to purchase is in the best interests of the City. Section 4. The Agency is authorized to pay rent and the option price in consideration for the Lease of a portion of City Hall West. PASSED, APPROVED AND ADOPTED, this 24th day of August, 1993. CITY COUNCIL OF THE CITY OF ANAHEIM ATTEST: ASSISTANT CITY CLERK C'ITY OF ANAHEIM PtJBL:3257.1/391/B2621.11 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-179 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of August, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler', Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-179 on the 25th day of August, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of August, 1993. ASSISTANT CITY CLERK O~ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No~ 93R-179 was duty passed and adopted by the City Council of the City of Anaheim on August 24, 1993. ASSISTANT CITY CLERK OF ~F ANAHEIM