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CITY COUNCIL AGENDA REPORT
City of Anaheim
DEPARTMENT OF PUBLIC WORKS
DATE: JUNE 13, 2023
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: AGREEMENT FOR THE PURCHASE OF ORANGE COUNTY
FLOOD CONTROL DISTRICT SURPLUS REAL PROPERTY
FOR FUTURE RIVER PARK
ATTACHMENT (Y/N): YES ITEM # 23
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion:
1) Approve an Offer and Agreement to Purchase Real Property (Agreement) and authorize the Mayor to execute the Agreement and direct the City Clerk to release it to Orange County Flood Control District (OCFCD); and
2) Authorize the acquisition payment of $200,000; and
3) Find that the above actions are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15004(b)(2)(A) and 15061(b)(3) of the CEQA Guidelines.
That the City Council, by Resolution, accept City Deed No. 12725 conveying to the City of Anaheim certain real property interest granted therein, and authorize the City Clerk, in accordance with the aforementioned Offer and Agreement to Purchase Real Property to cause said Deed to be recorded in the Office of the County Recorder of Orange County.
DISCUSSION:
The parcel to be acquired consists of approximately 3.3-acres near the easterly boundary of the City of Anaheim limits lying directly north of Orangewood Avenue between the Angel Stadium Property and the Santa Ana River bike path (Property) (Attachment 3). The County of Orange (County) formally noticed the Property as surplus by the Orange County Flood Control District per Government Code 54222. The Property is an unimproved parcel that shall become a City of Anaheim park, currently known as River Park. Upon good faith negotiation between the County and City of Anaheim staff, the opportunity to purchase this parcel for $200,000 was determined to be fair and acceptable. Improving the Property into a park will alleviate the County from the burden
Agreement for the Purchase of Orange County Flood Control District Surplus Real Property for Future River Park June 13, 2023
of maintaining this land while simultaneously adding a recreational public amenity that is mutually beneficial to both parties and to the general public. Once improved, River Park will transform the currently vacant parcel into a valuable feature that includes river-adjacent walking paths, play area, exercise equipment, landscaping, seating, amphitheater, security lighting, public art, and other park amenities. Due to the high public-benefit value of the Property, the negotiated purchase price is less than the average market value for land in this area of the County.
ENVIRONMENTAL REVIEW:
Staff recommends that the Council find and determine that the subject actions are exempt from CEQA pursuant to Sections 15004(b)(2)(A) and 15061(b)(3) of the CEQA Guidelines. Section 15004 (b)(2)(A) states that agencies “may enter into land acquisition agreements when the agency has conditioned the agency’s future use of the site on CEQA compliance.” Since the mere acquisition of the Property will not result in a physical change in the environment, it would also be exempt under Section 15061(b)(3), the “common sense exemption” that states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” IMPACT ON BUDGET:
Sufficient funds are available in the Community Services Department’s FY 2022/2023 capital improvement program budget.
Respectfully submitted, Concurred by,
Rudy Emami Sjany Larson-Cash
Director of Public Works Director of Community Services Attachments:
1. Resolution
2. Offer and Agreement to Purchase Real Property
3. Location Map