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ARA1995-16RESOLUTION NO. .A.[~%.~.~6 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING 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 corner 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 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, 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 LER5A24A.DOC 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 WHEREAS, the Agency has reviewed the summary report and the Agreement, conducted the public hearing 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. LERSA24A. DOC 3_ NOW THEREFORE, THE ANAHEIM REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: Section 1. 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 Agency 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 hearing and the information set forth in the summary report, the Agency finds and determines that no other means of financing the construction of the Improvements is 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 Agency 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. Improvements. The Agency is authorized to pay the costs of construction of the Section 5. The Agency 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 Secretary of the Agency is hereby directed to file a Notice of Exemption in accordance with CEQA Guidelines, Section 15062. Section 6. The Agency hereby approves the Agreement and authorizes and directs the Chairman of the Agency to execute the Agreement on behalf of the Agency. A copy of the Agreement when executed shall be placed on file in the office of the Agency Secretary/City Clerk. The Executive Director of the Agency is authorized to implement the Agreement, make all approvals, execute all escrow documents and other documents, and take all other actions which may be necessary or appropriate to carry out the Agreement. Section 7. The Agency Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 14day of No~zembez: , 1995. ATTEST: Agency Secretary Chair~n~,'Anaheim ~t Agency LER5A24A.DOC 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. ARA95-16 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 14th day of November, 1995, by the following vote of the members thereof: AYES: CHAIRMAN/AGENCY: Tait, Lopez, Zemel, Feldhaus, Daly NOES: CHAIRMAN/AGENCY: None ABSENT: CHAIRMAN/AGENCY: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA95-16 on the 14th day of November, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 14th day of November, 1995. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL)