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ARA1994-20 RESOLU'rION NO. ARA9_4_- 2 0 A RESOLUTION OF THE ANAttEEVI REDEVELOPMENT AGENCY APPROVING A COOPERATION AGREEMENT AND MAKING CERTAIN FINDINGS WHEREAS, the Anaheim Redevelopment Agency (the 'Agency") is a communiU redevelopment agency organized and existing under ~e California Corarnunity Redevelopment Law. (H~k& and Safety Code Section 33000, et seq.) and has b~n authorized to transact basiness and exercise the powers of a redevelopment agency pursuant to action of the Cit3, Council of the City of Analneim (the "City Council"); and WHEREAS, the City Council has adopted the Recovery Plan (the "Recovery Plan') for me .anaheim Stadium Recovery Project (the "Recovery Project~) by Ordinance No. 5442; WttEREAS, the Agency is engaged in activities necesaary and appropriate to carry out the Recovery Plan tbr the Recovery, Project; and I~%I'EREAS, Section 33'445 of the California Community Redevelopment Law authorizes a redevelot)ment agency, with the consent of the legislative body, to pay all or part of the value of ~qe land for and the cost of the installation and construction of any building, faciiiga, structure, or or. her improvement which is publicly owned either wit&in or witl~out the project area upon certain findings; and WHEREAS, Section 33679 of the California Cm'mnuniW Redevelopment Law require.~ that before a redevelopment agency co[nmits to use propcr¢' tax Lncrement funds to pay the cost o.~' lancl for and installation and construction of publicly owned buildings, the legislative body shall hold a public hearing thereon; 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 wh;.ch esti~nate, s the amount of taxes proposed to be used to pay fer such public facilities, which sets forth the facts supporting the determinatiop~ required to be made pursuant :c Section 3:3.445, and which ser~s for'ah the redevelopment purpose for which such t,%,'.es ~e being used; and WHEREAS. the Agency and the City of An~,eim (the "City") propose to enter into a 'Cooperation Agreement' to under~'~ke certain projects for .~_he rehabilitation of Anaheim Stadium (the "Stadium M~prevements'), which was da.~,naged in the Jant:ary 17. 1.994 e~.ea'thquake; and WHEREAS, the Agency and the City Council have duly published notice of a public hearing and have provided for public inspection the sununary report as requi, red Fursuant to Section 33679: and WHEREAS, the Agency has reviewed the sununary report and the Cooperation Agreement, conducted the public hearing on the proposed Stadium Lmprovements, and 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 Agency to correct public infrastructure and facility deficiencies identified in the Recovery Plan; and WItEREAS, there are no other reasonable means of t-mancing 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 f'manced through other means, such as insurance proceeds, settlement proceeds from suppliers and contractors, and federal and state disaster recovery funds; and WHEREAS, the Agency's financing 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 WIIEREAS, the Stadium Improvmnents 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 facilities damaged or destroyed as a result of a disaster in a disaster stricken arm in which a state of emergency has been proclaimed by the Governor, pursuant to Public Re,sourcc,,s Code Section 21172; and WI-IERE,4~, the Agency has reviewed ¢,e Cooperation Agreement and has determin~ that the Agreement is in the beat 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 arid local laws smd requirements under which the Recovery Project and the Recovery Plan have been undertaken. NOW THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: Section 1. 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 necessary to effectuate the purposes of the Recovery Plan. Section 2. 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 3. The Agency finds and determines that the Stadium Improvements will assist in the alleviation of the damage to Anaheim Stadium relating to and arising t¥om the major earthquake that occurred on January 1.7, 1994 and its related aftershocks. ~mber 16. 19qa I~LIIIL: I g~g0_t t 3 ! O 11t2621.$5 2 Section 4. 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 5. The Executive Director of the Agency (or his 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. 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 resolutk~n. PASSED, APPROVED AND ADOPTED, this .4___~ day of October, 1994. ,~N AHI~]M REDEVELOPMENT AGENCY Chairman ~/ Agency Secretary ,~i~mbm' 16, 1994 PUBL: 184~_11319 [ 82621. 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. ARA94-20 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 4th day of October, 1994, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Daly, NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Hunter AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA94-20 on the 5th day of October, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 5th day of October, 1994. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)