RES-2010-138RESOLUTION NO. 2010 -138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND AUTHORIZING THE
EXECUTION OF A COOPERATION AGREEMENT BY AND
BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM
REDEVELOPMENT AGENCY FOR THE PROVISION OF
PUBLIC IMPROVEMENTS AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Redevelopment Agency ") is
engaged in implementation of the Redevelopment Plan (the "Redevelopment Plan ") for the Anaheim
Merged Redevelopment Project (the "Redevelopment Project ") in accordance with provisions of the
California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); and
WHEREAS, the City of Anaheim (the "City ") and the Orange County Transportation
Authority ( "OCTA ") entered into that certain Cooperative Agreement No. C -8 -0855 (the "OCTA
Cooperative Agreement ") pursuant to which (i) OCTA agreed to have Southern California Regional
Rail Authority /Metrolink design, procure and construct various rail crossing safety improvements
and quiet zone related improvements at fourteen (14) railroad grade crossings in the City of Anaheim
(the "Project "), and (ii) the City agreed to provide the requisite twelve percent (12 %) local funding
match (the "City's Reimbursement Obligation "); and
WHEREAS, the Redevelopment 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 outside a particular project area upon a
determination of the City Council and Redevelopment Agency that (i) the facilities or improvements
are of benefit to the project area 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 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, those portions of the Project related to the Downtown crossings at Broadway,
Santa Ana, South, Vermont and the Canyon crossings at Jefferson, Miraloma, Tustin and La Palma
are of benefit to the Redevelopment Project Area and several affordable housing projects (the
"Improvements Benefitting the Redevelopment Project ") and the Redevelopment Agency is willing
to fund the City's Reimbursement Obligation related to Improvements Benefitting the
Redevelopment Project (the "Redevelopment Agency's Reimbursement Obligation "); and
WHEREAS, the Redevelopment Agency's funding of the cost of constructing and installing
the Improvements Benefitting the Redevelopment Project is necessary since no other reasonable
source of financing the Improvements Benefitting the Redevelopment Project is available to the City;
and
WHEREAS, the Improvements Benefitting the Redevelopment Project will assist in the
elimination of blight within the Project Area and are consistent with the Implementation Plan
adopted for the Redevelopment Project, and that the City has or will have the ability to provide for
the maintenance of the Improvements Benefitting the Redevelopment Project; and
WHEREAS, in furtherance of the public purposes of the Redevelopment Agency and the
City, the Redevelopment Agency and the City desire to enter into that certain Cooperation
Agreement (Rail Crossing Safety and Quiet Zone Improvements) dated as of August 1, 2010 by and
between the City and the Redevelopment Agency (the "Cooperation Agreement ") pursuant to which
the City will have OCTA complete the construction of the Project in accordance with the OCTA
Cooperative Agreement and Redevelopment Agency will provide the Redevelopment Agency's
Reimbursement Obligation; and
WHEREAS, the Governing Board of the Redevelopment Agency and City Council of the
City each held public meetings on the proposed Cooperation Agreement, at which time they
reviewed and evaluated the proposed Agreement; the benefit to the Anaheim Merged Project Area
to be derived from the proposed Agreement; whether other reasonable means of financing the
Improvements Benefitting the Redevelopment Project to be provided in part by the Redevelopment
Agency pursuant to the terms of the Cooperation Agreement were available; whether the payment
of funds for the costs of some of such improvements would assist in the alleviation of one or more
blighting conditions inside the Anaheim Merged Project Area and is consistent with the
Redevelopment Agency's adopted Implementation Plan; staff reports prepared on this matter; and
all of the information, testimony, and evidence presented during the public meetings; and
WHEREAS, all actions required by all applicable law with respect to the proposed
Cooperation 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
Cooperation Agreement and believes that the installation of the Improvements Benefitting the
Redevelopment Project 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 CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
Section 1. Section 33445 Findings. 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 Cooperation Agreement and to the proposed construction and installation
ofthe Improvements Benefitting the Redevelopment Project in connection therewith
and to any other matters pertaining to this transaction, and that all such oral and
written objections are hereby overruled.
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C. That the Cooperation Agreement is of benefit to the Anaheim Merged
Redevelopment Project and several affordable housing projects and necessary to
effectuate the purposes of the Redevelopment Plan. This finding is based upon the
record of the public meetings on the Cooperation Agreement, the Redevelopment
Plan and the record of the public hearings for the adoption of the Redevelopment
Plan, the reasons expressed herein, and upon the fact that the Improvements
Benefitting the Redevelopment Project are needed for accommodating future
development and redevelopment, thereby effectuating the purposes of the
Redevelopment Plan by encouraging further private redevelopment of the Anaheim
Merged Project Area.
D. That there are no other reasonable means of financing the construction of the
Improvements Benefitting the Redevelopment Project available to the community
other than utilizing partial Redevelopment Agency funding. This finding is based
upon the record of the public meetings considering the Cooperation Agreement, the
reasons expressed herein, and upon the fact that City general fund revenues are
required and necessary for vital public services.
E. That the Redevelopment Agency's payment of funds for a portion of the costs of the
Improvements Benefitting the Redevelopment Project will assist in the alleviation of
one or more blighting conditions inside the Anaheim Merged Project Area and is
consistent with the Redevelopment Agency's adopted Implementation Plan. This
finding is based upon the record of the public meetings considering the Cooperation
Agreement, the reasons expressed herein, and upon the fact that the Improvements
Benefitting the Redevelopment Project 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 Benefitting
the Redevelopment Project.
Section 2. Approval of Cooperation Agreement. The Cooperation Agreement, a copy of which
is on file with the City Clerk, is hereby approved.
Section 3. Authorization to Execute and Administer the Cooperation Agreement. The City
Manager, or the City Manager's designee, is hereby authorized to execute and administer the
Cooperation Agreement on behalf of the City.
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THE FOREGOING RESOLUTION IS PASSED, APPROVED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF ANAHEIM THIS TWENTY - FOURTH (24 DAY OF
AUGUST, 2010, BY THE FOLLOWING ROLL CALL VOTE:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
&44-" 1 ?4
MAYOR
ATTES .
CITY CLERK
APPROVED AS TO FORM:
CRISTINA L. TALLEY, CITY ATTORNEY
E. WOODHEAD IV
ant City Attorney
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