1 RESOLUTION NO. 2022- __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A PURCHASE AND SALE AGREEMENT WITH
POWERLINE PROPERTIES, LLC; AUTHORIZING THE DIRECTOR OF
ECONOMIC DEVELOPMENT TO FINALIZE SUCH PURCHASE AND
SALE AGREEMENT; AUTHORIZING THE DIRECTOR OF ECONOMIC
DEVELOPMENT TO IMPLEMENT SUCH PURCHASE AND SALE
AGREEMENT; DETERMINING THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED; AND MAKING CERTAIN
OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Anaheim (the “City”) is a California municipal corporation and charter city; and
WHEREAS, the City Council (“City Council”) for the City is authorized and empowered under its Charter to enter into agreements for the disposition of real property, and to make and execute contracts and other instruments necessary or convenient to exercise its powers; and WHEREAS, the City holds title to certain real property consisting of approxim ately 6.4- acres generally located at 1314 S. Sanderson Avenue and 1370 S. Sanderson in the City of Anaheim (the “Property”); and
WHEREAS, the City has negotiated the terms of a Purchase and Sale Agreement substantially in the form submitted herewith (the “Agreement”) with Powerline Properties, LLC (the “Developer”), pursuant to which the City will convey the Property to the Developer for a purchase price of $ 4,975,219 (the “Purchase Price”) and the Develope r will utilize the Property for purposes of off-site parking to support “ocV!be,” a mixed-use project consisting of up to 1,922,776 square feet (s.f.) of commercial uses, 961,055 s.f. of office uses, 250,000 s.f. of institutional uses, 1,500 residential units (including 195 affordable units), public and private parks and a network of public and private streets (the “Project”); and WHEREAS, the City held a noticed public hearing regarding the proposed Agreement; and
WHEREAS, the City prepared a report summar izing the details of the Agreement (the “Report”) and made such Report available for public inspection prior to the public hearing on the Agreement; and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the “CEQA Guidelines ”), and the City ’s CEQA Procedure Manual, the City is the “lead agency ” for the preparation and consideration of environmental documents for “projects,” as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, on September 27, 2022, the City of Anaheim City Council did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly 2 given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the “Code”), to hear and consider evidence for and against the Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project , including use of the Property, the City Council adopted Resolution No. 2022-097, approving and adopting Addendum No. 11 to Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339), and Mitigation Monitoring and Reporting Plan No. 383 (MMP No. 383) determining that Addendum No. 11 and MMP No. 383 together with other previously approved environmental documents for development in the Platinum Triangle area, are the appropriate environmental documentation for the Project under the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement, including all attachments thereto, and believes that the Project is in the best interests of the City of Anaheim and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the Project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM:
Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby finds and determines, based on all documentation, testimony and other evidence in the record before it, that the consideration being paid to the City for the Property is not less than the fair market value at its highest and best use, as determined by an independent appraiser.
Section 3. The City Council hereby finds and determines that on September 27, 2022, the City Council adopted its Resolution No. 2022-097 approving and adopting Addendum No. 11 to Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 3 39), and Mitigation Monitoring and Reporting Plan No. 383 (MMP No. 383) determining that Addendum No. 11 and MMP No. 383 together with other previously approved environmental documents for development in the Platinum Triangle area, are the appropriate envi ronmental documentation for the Project under the California Environmental Quality Act (CEQA) . No further environmental review is required as part of the City Council's subsequent discretionary approval of the Agreement or this 3 resolution because none of the conditions requiring subsequent environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 are present, and there is no need to make changes or additions to the Addendum No. 11 to Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339). In particular, Addendum No. 11 to Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339) for the Project is sufficient for the purpose of this subsequent discretionary approval as both contemplate the same scope of development and none of the grounds set forth in CEQA Guidelines Section 15162 requiring subsequent or supplemental environmental review are present.
Section 4. The City Council hereby approves the Agreement, with such changes as may be mutually agreed upon by the Developer, the City Attorney and the Director (or his duly authorized representative), respectively, as are minor and in substantial conformance with the form of the Agreement submitted herewith. The Director and the City Clerk are hereby authorized to execute and attest the Agreement, including any related attachments, on behalf of City. In such regard, the Director (or his duly authorized representative) is authorized to sign the final version of the Agreement after completion of any such revisions. Copies of the final form of the Agreement, when duly executed and attested, shall be placed on file in the office of the City Clerk. Further, the Director (or his duly authorized representative) is authorized to implement the Agreement and take all further actions and execute all documents referenced therein and/or necessary and appropriate to carry out the transaction contemplated by the Agreement, including all exhibits thereto. The Director (or his duly authorized repres entative) is hereby authorized to the extent necessary during the implementation of the Agreement to make technical or minor changes and interpretations of the Agreement after execution, as necessary to properly implement and carry out the Agreement, including all exhibits thereto, provided any and all such changes shall not in any manner materially affect the rights and obligations of the City under the Agreement. The Director and the City Clerk are authorized to execute such instruments as are necessary o r convenient to effect the acquisition by City of the Property in order that such Property may be conveyed to the Developer in accordance with the Agreement.
Section 5. In addition to the authorization of Section 4 above, the Director is hereby authorized, on behalf of the City, to sign all other documents necessary or appropriate to carry out and implement the Agreement, including all exhibits thereto and including causing the issuance of warrants in implementation thereto, and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement, including all exhibits thereto.
Section 6. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE]
4 THE FOREGOING RESOLUTION is passed, approved and adopted by the City Council of the City of Anaheim this day of , 2022, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ANAHEIM
By:
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM