94-245 RESOLUTION NO. 94R-245
A RESOLUTION OF THE CITY COUNCIL OF TRE CITY
OF ANAHEIM APPROVING A COOPERATION
AGREEMENT AND MAKING CERTAIN FINDINGS
WItEREAS, the Anaheim Redevelopment Agency (the "AgencyD is a cormnunity
redevelopment agency organized and existing under the California Cormnunity Redevelopment
'Law (Health and Safety Code Section 33000, et seq.) and has been authorized to transact
business and exercise the powers of a redevelopment agency pursuant to action of the City
Council of the City of Anaheim (the "City Council"); and
WItEREAS, the City Council has adopted the Recovery Plan (the "Recovery Plan") for
the Anaheim Stadium Recovery Project (the "Recovery Project") by Ordinance No. 5442; and
W~gREAS, the Agency is engaged in activities necessary and appropriate to carD- out
the Recovery Plan for the Recovery Project; and
WltEREAS, Section 33445 of the California Community Redevelopment Law 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 ~'~y building, facility, structure,
or od~er improvement which is publicly owned either within or without the project area upon
certain findings; and
Wl-IEREAS, Section 33679 of' the California Conunuuity Redevelopment Law requires
tt~at before a redevelopment agency commits to use propert)' tax increment funds to pay the cost
of land for and installation and construction of publicly owned buildings, the legislative body
shall hold a public hearing thereon; and
WHEREAS, prior to such public hearing the legislative body is required to give notice of
the hearing and to m~e available for public inspection a summar)' report which estimates the
amount of "taxes proposed to be used to pay for such public facilities, which sets tbrth the facts
supporting the determinations required to be made pursuant to Section 33445, and which sets
forth the redevelopment purpose for which such taxes are being used; and
WHEREAS, the Agency and the City of Anaheim (the "CityD propose to enter into a
"Cooperation Agreement" to undertake certain projects for the rehabiiitation of Anaheim Stadium
(the "Stadium Improvements"), which was damaged in the January 17, 1.994 earthquake; and
WHEREAS, the Agency and the City Council have duly pubiished notice of a public
hearing and have provided for public inspection the summary report as required pursuant to
Section 33679; and
WHEREAS, the City Council has reviewed the summary report ,and the Cooperation
Agreement, conducted the public hearing on the proposed Stadium Improvements, ,~d has heard
and considered the public testimony thereon; and
WHEREAS, the expenditure of Agency funds for the Stadium Improvements is of benefit
to the Recovery Project and the surrounding development, and is necessary to effectuate the
purposes of the Recovery Plan, the primary purpose of which is to mitigate damage to Anaheim
Stadium as a result of the January 17, 1994 earthquake; and
WHEREAS, the Agency's financing of the Stadium Improvements will assist the City to
correct public infrastructure and facility deficiencies identified in the Recovery Plan; and
WHEREAS, there are no other reasonable means of financing the cost of the Stadium
Improvements, as the Cooperation Agreement provides that the Agency is only obligated to
reimburse the City for that portion of the Stadium Improvements which cannot be financed
through other means, such as insurance proceeds, settlement proceeds from snppliers and
contractors, and federal and state disaster recovery funds; and
WHEREAS, the Agency's fintalcing of a portion of the cost of the Stadium
Improvements will assist in the alleviation of the disaster which was identified as the reason for
the City Council's adoption of the Recovery Plan; and
WHEREAS, the Stadium Improvements to be made pursuant to the Cooperation
Agreement are exempt from the California Environmental Quality Act as a project undertaken,
carried out, or approved by a public agency to restore or replace f~tcilities damaged or destroyed
as a result of a disaster in a disaster stricken area in which a state of emergency bas been
proclaimed by the Governor, pursuant to Public Resources Code Section 21172; and
WItEREAS, the City Council has reviewed the Cooperation Agreement and has
determined that the Agreement is in the best interest of the City and the health, safety and
welfare of its residents, and is in accord with the public purposes and provisions of applicable
state and local laws and requirements under which the Recovery Project and the Recovery Plan
have been undertaken.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that Agency's payment of a portion
of the costs of the Stadium Improvements is of benefit to the Recovery Project and the
surrounding development, and is necessary to effectuate the purposes of the Recovery Plan.
Section 2. The City Council finds and determines that no other reasonable means of
financing the Agency's payment of a portion of the costs of the Stadium Improvements is
available to the community.
Section 3. The City Council finds and determines that the Stadium Improvements will
assist in the alleviation of the damage to Anaheim Stadium relating to and arising from the major
earthquake that occurred on January 17, 1994 and its related aftershocks.
PUBL:18485_l 1319/B262L55 2
Section 4. The Cooperation Agreement is hereby approved. The Mayor is hereby
authorized to execute the Cooperation Agreement on behalf of the City. A copy of the
Cooperation Agreement when executed by the Mayor shall be placed on file in the office of the
City Clerk.
Section 5. The City Manager (or his designee) is hereby authorized, on behalf of the
City, to sign all documents necessary and appropriate to carry out and implement the
Cooperation Agreement and to administer the City's obligations, responsibilities and duties to be
performed under the Cooperation Agreement and related documents.
Section 6. The City Clerk is hereby directed to file a notice of exemption pursuant to
the California Environmental Quality Act with the Clerk of the County of Orange within five
days from the date of this resolution.
PASSED, APPROVED AND ADOPTED, this 4Oh day of October, 1994.
CITY OF ANAHEIM
Mayor
ATTEST:
City Clerk
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. 94R-245 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 4th day of October, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, 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. 94R-245 on
the 5th day of October, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 5th day of October, 1994.
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. 94R-245 was duly passed and adopted by the City Council of the City of Anaheim on
October 4, 1994.
CITY CLERK OF THE CITY OF ANAHEIM