RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT
WITH GREENLAW DEVELOPMENT, LLC; AUTHORIZING THE
DIRECTOR OF ECONOMIC DEVELOPMENT TO FINALIZE SUCH
DISPOSITION AND DEVELOPMENT AGREEMENT; AUTHORIZING
THE DIRECTOR OF ECONOMIC DEVELOPMENT TO IMPLEMENT
SUCH DISPOSITION AND DEVELOPMENT 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 approximately 8.3 net acres (8.8-gross acres) generally located at the southeast corner of Anaheim Boulevard and Ball Road in the City of Anaheim (the “Property”); and
WHEREAS, the City and Greenlaw Development, LLC have previously entered into an Exclusive Negotiating Agreement dated August 27, 2019, regarding acquisition of the Property for the purposes of mixed use development (the “ENA”). Thereafter, the parties entered into an Amended and Restated Exclusive Negotiating Agreement dated November 10, 2020, regarding acquisition of the Property for the purpose of mixed use development (the “Amended ENA”). The parties then entered into a Second Amended and Restated Exclusive Negotiation Agreement dated December 7, 2021, regarding acquisition of the Property and for the primary purpose of extending the negotiating period to December 31, 2022, the (“Second Amended ENA”); and
WHEREAS, the City has negotiated the terms of a Disposition and Development Agreement substantially in the form submitted herewith (the “Agreement”) with Greenlaw Development, LLC (hereinafter the “Developer”), pursuant to which the City will convey the Property to the Developer for a purchase price of $24,425,000 (the “Purchase Price”) and the Developer will develop on the Property a mixed-use development consisting of 223 residential units (187 townhome units and 36 flats units) and 4,586 square feet of commercial space which shall satisfy various criteria established therefor in the Agreement (the “Project”); and WHEREAS, on November 1, 2022, the City held a noticed public hearing regarding the proposed Agreement; and
WHEREAS, the City prepared a report summarizing the details of the Agreement (the “Report”) and made such Report available for public inspection prior to the public hearing on the Agreement; and
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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 October 10, 2022, the City of Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly 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 on the Property, the Planning Commission adopted its Resolution No.
PC2022-085 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Plan No. 384, which evaluated the environmental impacts of the Project and identified necessary mitigation; and
WHEREAS, by Resolution No. 2022-________, considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that the Mitigation Negative Declaration was prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City’s CEQA Procedures and, together with Mitigation Monitoring and Reporting Plan No. 384, serves as the appropriate environmental documentation for the Project; 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 negate 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. - 3 -
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 the above-referenced ENA, Amended ENA, and Second Amended ENA constitute exclusive negotiating agreements within the meaning of the Surplus Land Act, Government Code Section 54234(a)(l) and (b)(1).
Section 4. The City Council hereby directs the Director of Economic Development (“Director”) to allocate and budget for the use of the Purchase Price received from the Developer in exchange for the Property as follows: (a) as required by the dissolution of the Anaheim Redevelopment Agency, a portion of the 2011 value of the Property (approximately $8.6 million) shall be remitted to the local taxing entities; (b) as required by the Delayed Exchange of Real Property Agreement entered into between the City and the Anaheim Housing Authority as of July 30, 2019, a payment of $7,405,000 to reimburse the Anaheim Housing Authority for the acquisition of an adjacent property; and (c) retain in the Successor Agency Fund the balance of the Purchase Price for the public purposes of the City.
Section 5. 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 representative) 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 or convenient to effect the acquisition by City of the Successor Agency Property in order that such Successor Agency Property may be conveyed to the Developer in accordance with the Agreement.
Section 6. In addition to the authorization of Section 5 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 7. The City Clerk shall certify to the adoption of this Resolution. - 4 -
THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this1stday of November, 2022, by the following roll call vote: AYES:NOES:ABSENT:ABSTAIN: CITY OF ANAHEIM______________________________ MAYOR PRO TEM OF THE CITY OF ANAHEIMATTEST:_____________________________________CITY CLERK OF THE CITY OF ANAHEIM