96-075 RESOLUTION NO. 96R-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING A COOPERATION
AGREEMENT FOR THE RENOVATION OF ANAHEIM
STADIUM AND MAKING CERTAIN FINDINGS
WHEREAS, the Anaheim Redevelopment Agency (the ~Agency") is a community
redevelopment agency organized and existing under the California Community 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
WHEREAS, 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
WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out
the Recovery Plan for the Recovery Project: and
WHEREAS, 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 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 before a redevelopment agency commits to use property 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 make available for public inspection a summary report which estimates the
amount of taxes proposed to be used to pay for such public facilities, which sets forth 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 ~City") propose to enter into a
"Cooperation Agreement" whereby the Agency would commit to reimburse the City for a portion
of the cost of the renovation of Anaheim Stadium (the "Stadium Renovations") which is initially
paid for by the City; and
WHEREAS, the Agency and the City Council have duly published notice of a public
hearing and have provided the summary report for public inspection as required pursuant to
Section 33679; and
WHEREAS, the CiD' Council has reviewed the summary report and the Cooperation
Agreement, conducted the public hearing on the proposed Agency payment for a portion of the
Stadium Renovations, and has heard and considered the public testimony thereon; and
WIIEREAS, the expenditure of Agency funds for the Stadium Renovations is of benefit
to the Recovery Project by rehabilitating and restoring the usefulness and economic viahility of
the Stadium, which is the primary structure within the Recovery Project area, which will help to
restore the economic vitality of the Recovery Project and bring the Stadium to its full economic
potential; and
WIlERE, AS, the expenditure of Agency funds for the Stadium Renovations is of benefit
to the Agency's Commercial and Industrial Project, through the generation of additional traffic on
S. Anaheim Boulevard and Katella Avenue, the improvement of the general appearance of the
surrounding area, the achievement of an environment reflecting a high level of concern for
architectural, landscape and urban design and land use principles. the creation of local
employment opportunities, the increase in demand for real property near the Stadium, the
generation of demand for enhanced uses in the Stadium "gateway" and S. Anaheim
Boulevard/Katella areas, and the retention of the only major professional sports tenant currently
using the Stadium; and
WltEREAS, the Agency's financing of the Stadium Renovations will assist the Agency to
correct public infrastructure and facility deficiencies identified in the Recovery Plan; and
WltEREAS, there are no other reasonable means of financing the cost of the Stadium
Renovations, as the City's obligations under the proposed Lease, when considered in conjunction
with current debt on the Stadium, cannot be financed without the Agency's contribution, and the
funds advanced to the Agency by the City must be repaid to the City in order for the City to
maintain a prudent level of reserve funds, as set forth in the Report of the City's Finance
Director which is attached to the Summary Report; and
WIlERE, AS, the Agency's financing of a portion of the cost of the Stadium Renovations
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 will alleviate the deficiencies and obsolescence of
the Stadium which has prevented or substantially hindered the economically viable use or capacity
of the Stadium; and
WItF_,REAS, the payment of a portion of the costs of the Stadium Renovations will also
indirectly provide housing for low- or moderate income persons, by triggering the reassessment
of the valuation of the property interests in the Stadium, which will cause the Agency to receive
tax increment based on the higher assessed valuation levels, a portion of which will be placed in
the Agency's Low- and Moderate-Income Housing Fund and expended to increase, improve and
preserve the community's supply of low- and moderate-income housing: and
WltEREAS, the Implementation Plan specifically calls for the renovation and
rehabilitation of the Stadium, and the prevention and alleviation of hazardous structural conditions
therein; and
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WHEREAS, the Stadium Renovations to be made pursuant to the Cooperation Agreement
are categorically exempt from the California Environmental Quality Act pursuant to Section
15301 of the CEQA Guidelines. which exempts repairs and alterations of existing structures
involving negligible or no expansion of use beyond that previously existing, Section 15302 of the
CEQA Guidelines, which exempts the replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same site as the structure replaced and
will have substantially the same purpose and capacity as the structure replaced, and Section
15323 of the CEQA Guidelines, which exempts the normal operations of existing facilities for
public gatherings for which the facilities were designed, where there is a past history of the
facility being used for the same or similar kind of purpose; and
WHEREAS, the Stadium Renovations to be made pursuant to the Cooperation Agreement
will not contribute to any cumulative significant impacts on the environment, and there is no
reasonable probability that the Stadium Renovations to be made pursuant to the Cooperation
Agreement will have a significant effect on the environment due to unusual circumstances: and
WHEREAS, 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 that the Cooperation Agreement is exempt from the
California Environmental Quality Act pursuant to Sections 15301. 15302 and 15323 of the CEQA
Guidelines. The City Clerk, or designee, is authorized and directed to prepare and file a Notice
of Exemption with respect to the Cooperation Agreement pursuant to the requirements of Section
15062 of the CEQA Guidelines.
Section 2. 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 also of benefit to the Agency's Commercial and Industrial
Project, and is necessary to effectuate the purposes of the Recovery Plan.
Section 3. The City Council finds and determines that no other reasonable means of
financing the costs of the Stadium Improvements are available to the community.
Section 4. The City Council finds and determines that the Stadium Improvements will
assist in the alleviation of the damage to the Stadium relating to and arising from the deficiencies
identified in the ordinance adopting the Recovery Plan, including the damage to the Stadium
which resulted from the major earthquake that occurred on January 17, 1994, and will further
assist in the alleviation of blighting conditions within the Recovery Project.
Section 5. The City Council finds and determines that the Stadium Improvements will
result in the provision of housing for low- and moderate income persons by the generation of tax
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increment, a portion of which will be set aside and expended by the Agency pursuant to Health
and Safety Code Section 33334.2, et seq., to increase, improve, and preserve the community's
supply of low- and moderate-income housing available at affordable housing cost to persons and
families of low or moderate income and very low income families.
Section 6. The City Council finds and determines that the Stadium Improvements are
consistent with the Implementation Plan for the Recovery Project which has been adopted by the
Agency pursuant to Health and Safety Code Section 33490.
Section 7. 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 8. 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.
PASSED, APPROVED AND ADOPTED, this 14th day of May, 1996.
CITY OF ANAHEIM
Mayor
ATTEST:
City Clerk
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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. 96R-75 was introduced and adopled at a regular meeting provided by law, of the Anaheim City
Council held on the 14th day of May, 1996, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Felhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait, Zemel
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 96R-75 on
the 14th day of May, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 14th day of May, 1996.
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
odginal of Resolution No. 96R-75 was duly passed and adopted by the City Council of the City of
Anaheim on May 14th, 1996.
ERK OF THE CITY OF ANAHEIM