95-188 RESOLUTION NO. 95~-~88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CONSENTING TO THE EXECUTION OF A
DISPOSITION AND DEVELOPMENT/OWNER PARTICIPATION
AGREEMENT BY AND BETWEEN THE ANAHEIM
REDEVELOPMENT AGENCY AND THE UNITED STATES
POSTAL SERVICE AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in
activities necessary to execute and implement the Redevelopment Plan (the "Redevelopment
Plan") for Project Alpha (the "Project"); and
WHEREAS, in furtherance of the objectives of the California Community
Redevelopment Law (California Health and Safety Code Section 33000, et seq.), the Agency
desires to acquire a certain parcel of real property within the Project owned by the United
States Postal Service, an independent establishment of the Executive Branch of the
Government of the United States (the "Participant"), which is located at 311 W. Broadway in
the City of Anaheim (the "City") and which is improved with an existing post office facility (the
"Acquisition Site"), in exchange for a currently unimproved parcel of real property within the
Project owned by the Agency which is generally located at the comer of West Broadway and
Clementine within the development site commonly known as Koll Anaheim Center (the
"Relocation Site"); and
WHEREAS, the Agency and the Participant propose to enter into a Disposition and
Development/Owner Participation Agreement (the "Agreement"), pursuant to which the
Participant shall convey the Acquisition Site to the Agency, and the Agency shall
simultaneously convey to the Participant the Relocation Site, together with a new post office
facility (the "Improvements") to be constructed by the Agency on the Relocation Site, and the
Agency would assist the Participant in the relocation of the Participant's Broadway Station post
office facility from the Acquisition Site to the Relocation Site; 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 outside of 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 headrig thereon; and
WHEREAS, prior to such public hearing the legislative body is required to give notice of
the headrig 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, Section 33431 of the California Community Redevelopment Law
authorizes a redevelopment agency to sell or otherwise dispose of real property without public
bidding after a duly noticed public hearing; and
WHEREAS, the Agency and the City Council of the City (the "City Council") have duly
published notice of a public hearing and have provided for public inspection of the summary
report as required pursuant to Sections 33431 and 33679; and
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WHEREAS, the City has reviewed the summary report and the Agreement, conducted
the public headng on the proposed Improvements, and has heard and considered the public
testimony thereon; and
WHEREAS, the expenditure of Agency funds for the improvements is of benefit to the
Project and the immediate neighborhood in which the Project is located in that it will improve
and broaden the availability of postal services within the Project and the City, thereby attracting
and retaining businesses and residents and maintaining property values within the Project
Area and surrounding neighborhoods; and
WHEREAS, there are no other reasonable means of financing the cost of the
Improvements, as the Post Office has submitted to the Agency a letter which states that the
Postal Service cannot finance this facility without Agency participation under this Agreement,
and the Agency has no alternative sources of funding to pay for the costs of the
Improvements; and
WHEREAS, the construction of the Improvements will assist in the elimination of
blighting factors within the Project Area by providing for the demolition of a deteriorated and
dilapidated structure in the Project Area, providing for new, high quality development on the
Relocation Site which was formerly blighted, and enabling the Agency to facilitate new, high
quality development on the Acquisition Site; and
WHEREAS, the Redevelopment Plan for the Project provides for the construction of the
Improvements; and
WHEREAS, the Agency and the City Council have certified the following Environmental
Impact Reports which were prepared and completed in accordance with the California
Environmental Quality Act of 1970, the State CEQA Guidelines and Agency Procedures for the
Implementation of CEQA (collectively "CEQA"): Final Subsequent Environmental Impact
Report for the Second Amendment to the Redevelopment Plan for Redevelopment Project
Alpha by Agency Resolution ARA 76-38 adopted on November 23, 1976; Supplemental EIR
for Project Alpha Parcel 10 by Agency Resolution 83-35 adopted on September 6, 1983; and
Subsequent EIR Report for Parcels 8 and 9 by Agency Resolution ARA 83-84 adopted on
November 8, 1983 (collectively, the "Program EIR"); and
WHEREAS, the execution and implementation of the Agreement and the construction
of the Improvements are in furtherance of the purpose of redevelopment to promote the sound
development of blighted areas through the provision of public structures and spaces as may
be appropriate or necessary in the interest of the general welfare.
LER5A24B.DOC
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
RESOLVE AS FOLLOWS:
Section 1. For the reasons set forth above, and on the basis of the public
testimony at the public headrig and the information set forth in the summary report, the City
Council finds and determines that the Agency's funding of the Improvements is of benefit to
the Project and the immediate neighborhood in which the Project is located, and is necessary
to effectuate the purposes of the Redevelopment Plan for the Project.
Section 2. For the reasons set forth above, and on the basis of the public
testimony at the public headng and the information set forth in the summary report, the City
Council finds and determines that no other means of financing the construction of the
Improvements are available to the community.
Section 3. For the reasons set forth above, and on the basis of the public
testimony at the public hearing and the information set forth in the summary report, the City
Council finds and determines that the payment of funds for the construction of the
Improvements will assist in the elimination of one or more blighting conditions within the
Project.
Section 4. The City Council hereby consents to the Agency's payment of
the costs of construction of the Improvements.
Section 5. The City Council finds and determines that said project is exempt
under CEQA Guidelines, Section 15061(b)(3) on the basis that there is no potential for causing
any significant affect on the environment beyond that which has already been studied and
addressed under the Program EIR. As such, the City Clerk is hereby directed to file a Notice
of Exemption in accordance with CEQA Guidelines, Section 15062.
Section 6. The City Council hereby consents to the Agency's execution of
the Agreement. A copy of the Agreement when executed shall be placed on file in the office of
the Agency Secretary/City Clerk.
Section 7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this14 day of NOVEMBER , 1995.
Mayor, City of Anaheim
ATTES!: .
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. 95R-188 was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 14th day of November, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-188 on '~
the 14th day of November, 1995.
IN WITNESS WHEREOF, I have hareunto set my hand and affixed the official seal of the City of Anaheim
this 14th day of November, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-188 was duly passed and adopted by the City Council of the City of Anaheim on
November 14th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM