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ARA1996-01RESOLUTION NO. ARA9 6-1 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY 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" to undertake certain projects for the renovation of Anaheim Stadium (the "Stadium Renovations'); and WHEREAS, the Agency and the City Council have duly published notice of a public hearing and have provided for public inspection the summary report as required pursuant to Section 33679; and WHEREAS, the Agency has reviewed the summary report and the Cooperation Agreement, conducted the public hearing on the proposed Stadium Renovations, and has heard and considered the public testimony thereon; and WHEREAS, the expenditure of Agency funds for the Stadium Renovations is of benefit to the Recovery Project by rehabilitating and restoring the usefulness and economic viability of the Stadium, which is the primary structure within the Recover), Project area, which will help to restore the economic vitality of the Recovery Project and bring the Stadium to its full economic potential; and WHEREAS, 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 WHEREAS, 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 WHEREAS, 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 WHEREA~q, 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 WIIEREAS, 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 WHEREAS, the Implementation Plan specifically calls for the renovation and rehabilitation of the Stadium, and the prevention and alleviation of hazardous structural conditions therein; and 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 PUBL:38573-11319122621'0055 2 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 Agency 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 Recover3, Project and the Recovery Plan have been undertaken. NOW THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS- Section 1. The Agency 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 Secretary of the Agency, 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 Agency 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 Agency finds and determines that no other reasonable means of financing the Agency's payment of a portion of the costs of the Stadium Improvements are available to the community. Section 4. The Agency 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 Agency 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 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 PUBL:38573_11319 [22621.0055 3 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 Agency finds and determines that the Stadium Improvements are consistent with the Implementation Plan which has been adopted by the Agency pursuant to Health and Safety Code Section 33490. Section 7. The Cooperation Agreement is hereby approved. The Chairman of the Agency is hereby authorized to execute the Cooperation Agreement on behalf of the Agency. A copy of the Cooperation Agreement when executed by the Agency shall be placed on file in the office of the City Clerk. Section 8. The Executive Director of the Agency (or his or her designee) is hereby authorized, on behalf of the Agency, to sign all documents necessary and appropriate to carry out and implement the Cooperation Agreement and to administer the Agency'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. ANAHEIM REDEVELOPMENT AGENCY ATTEST: Agency Secretary By: Chairman PUBL:38573_lI319]22621.0055 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA96-1 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 14th day of May, 199~, by the following vote of the members thereof: AYES: NOES: ABSENT: CHAIRMAN/AGENCY: Feldhaus, Lopez, Daly CHAIRMAN/AGENCY: Tait, Zemel CHAIRMAN/AGENCY: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA96-1 on the 14th day of May, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of May, 1996. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)