RES-2018-099RESOLUTION NO. 2018- 0 9 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2018 AND ORDERING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY OF ANAHEIM A REFERENDUM MEASURE,
AND RESCINDING RESOLUTION NO. 2016-203
(REFERENDUM MEASURE ADOPTING ORDINANCE
6377 APPROVING A DEVELOPMENT AGREEMENT
PROVIDING VESTED RIGHTS FOR CONSTRUCTION
OF A HOTEL AT 1030 W. KATELLA AVE.)
WHEREAS, pursuant to the provisions of Section 1300 of the Anaheim City
Charter, the City Council of the City of Anaheim shall call and the City of Anaheim shall conduct
a general municipal election in the City of Anaheim on November 6, 2018; and
WHEREAS, a referendum petition has been submitted to the City of Anaheim, and
has been certified by the City Clerk in accordance with applicable provisions of law relating to
Development Agreement No. 2016-00002, as heretofore approved by the City Council of the City
of Anaheim on July 26, 2016 by the adoption of Ordinance No. 6377; and
WHEREAS, the City Council has not repealed Development Agreement No. 2016-
00002 and, therefore, in accordance with the requirements of Section 9241 of the Elections Code
of the State of California, is required to conduct and hold an election for the consideration of
Ordinance No. 6377 approving Development Agreement No. 2016-00002 by the voters of the City
of Anaheim (the "referendum measure"); and
WHEREAS, the City Council is authorized to set and hold the election regarding
the referendum measure on the date of the general municipal election set forth herein; and
WHEREAS, the City Council desires to submit the referendum measure to the
voters of the City of Anaheim at the general municipal election to be held on Tuesday,
November 6, 2018; and
WHEREAS, on October 18, 2016, the City Council adopted Resolution No. 2016-
203 ordering the submission of the referendum measure to the electors at the November 6, 2018
general election, which it now desires to rescind and replace with this resolution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.
That Resolution No. 2016-203 is hereby rescinded in its entirety.
OA
SECTION 2.
That pursuant to the provisions of Sections 1300, 1302 and 1303 of the Anaheim
City Charter and Section 9241 of the Elections Code of the State of California, it is hereby ordered
that the following ballot measure be submitted to the qualified electors of the City of Anaheim at
the general municipal election to be held in said City on Tuesday, November 6, 2018.
MEASURE I YES
REFERENDUM MEASURE APPROVING
DEVELOPMENT AGREEMENT NO. 2016-00002
— Shall Anaheim City Council Ordinance No. 6377,
which would approve a Development Agreement and
provide a vested right to develop a Four Diamond 634- NO
room, eight -story hotel on property located at
1030 W. Katella Ave. during the five-year term of that
Development Agreement in accordance with
governmental approvals and entitlements granted by
the City, be adopted?
�FCTION I
That the complete text of Anaheim City Council Ordinance No. 6377 approving
Development Agreement No. 2016-00002 is attached as Exhibit A hereto and incorporated herein
by this reference.
SECTION 4.
That the City Clerk is authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that
may be necessary in order to properly and lawfully conduct the election.
SECTION 5.
That the polls for the election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously until eight o'clock p.m. of the same day when the
polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of
California.
SECTION 6.
That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for the holding of general municipal elections.
SECTION 7.
That the notice of the time and place of holding the election is hereby given and the
City Clerk is hereby authorized, instructed and directed to give further or additional notice of the
election, in such time, form and manner as required by law.
SECTION 8.
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 31" of July, 2018, by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
ATT
ACT Y CLERk
OF THE CITY OF ANAHEIM
128773
CITY OF ANAHEIM
By:
MAY R OF THE CI Y OF ANAHEIM
M
Exhibit A
ORDINANCE NO. 6377
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING THAT CERTAIN
DEVELOPMENT AGREEMENT NO. 2016-00002 BY
AND BETWEEN THE CITY OF ANAHEIM AND FJS,
INC, A TEXAS CORPORATION AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT FOR
AND ON BEHALF OF THE CITY.
(DEV2015-00134)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (herein referred to as the "Statute")
authorizes a city to enter into a contract which is called a development agreement in order to
establish with certainty what regulations will govern the construction of a development; and
WHEREAS, the City Council of the City of Anaheim (herein referred to as the "City
Council"), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred
to as the "Enabling Ordinance"), making the City subject to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council
adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the "Procedures
Resolution"), establishing procedures and requirements for consideration of development
agreements by the City upon receipt of an application therefor; and
WHEREAS, in accordance with the Statute, the Enabling Ordinance and the Procedures
Resolution (herein referred to collectively as the "Development Agreement Law"), the City of
Anaheim received a verified petition from FJS, Inc., a Texas corporation (the "Developer"),
requesting that the City consider and approve a Development Agreement in the form of
Development Agreement No. 2016-00002, to provide for the development of the "Project" (as
defined below) and certain vested development rights in connection therewith. Development
Agreement No. 2016-00002 is proposed in conjunction with the Developer's application for the
following additional entitlements, which, together with Development Agreement No. 2016-
00002, are intended to permit the demolition of the existing buildings on that certain 6.44 -acre
(approximate) parcel of land located at 1030 West Katella Avenue in the City of Anaheim,
County of Orange, State of California (herein referred to as the "Developer's Property"), and the
development on the Developer's Property and that certain 1.67 -acre (approximate) triangular
parcel of land currently owned by the City and proposed for sale to the Developer of an eight -
story AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square feet of
meeting space, up to 31,179 square feet of retail and restaurant space, and a seven -level parking
structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim
Convention Center (herein referred to collectively as the "Proposed Project"):
Conditional Use Permit No. 2016-05859; and
2. Final Site Plan No. 2016-00002.
WHEREAS, the Developer's Property and the City Property are herein referred to
collectively as the "Property". The Property is generally depicted on the map attached hereto as
Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein
by this reference; and
WHEREAS, on June 13, 2016 following a duly noticed public hearing, the Planning
Commission of the City of Anaheim (herein referred to as the "Planning Commission") made
certain findings that the Developer has demonstrated eligibility to enter into Development
Agreement No. 2016-00002 and that Development Agreement No. 2016-00002 meets the criteria
set forth in the Development Agreement I,aw and, therefore, by the adoption of its Resolution
No. PC2016-046, recommended to the City Council that said Development Agreement be
approved; and
WHEREAS, upon receipt of said Resolution No. PC2016-046, a summary of evidence, a
report of the findings and recommendations of the Planning Commission, the City Council did
fix the 12th day of July, 2016, as the time, and the City Council Chamber in the Civic Center, as
the place, for a public hearing on Development Agreement No. 2016-00002, Conditional Use
Permit No. 2016-05859 and Final Site Plan No. 2016-00002 for the Proposed Project
(collectively referred to as the "Proposed Entitlements"), and for the purpose of considering the
Addendum to the previously certified Final Supplemental Environmental Impact Report No.
2008-00340, dated June 2016 (herein referred to as the "Addendum") and the other CEQA
Documents, and did give notice thereof in the manner and as provided by law; and,
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the
introduction of this Ordinance and pursuant to the provisions of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this City Council has found and determined the
following:
1. That Addendum, together with the other CEQA Documents,
collectively constitute the environmental documentation under and pursuant to
CEQA relating to the Proposed Entitlements and the Proposed Project;
2. That, pursuant to the findings contained in said concurrent resolution,
the CEQA Documents satisfy all of the requirements of CEQA and are adequate
to serve as the required environmental documentation for the Proposed
Entitlements and the Proposed Project and, together with Mitigation Monitoring
Program No. 332 for the Proposed Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared
under CEQA for the Proposed Entitlements and the Proposed Project.
WHEREAS, this City Council, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of and based upon all of the evidence and
2
reports offered at said hearing, including the evidence presented at the Planning Commission
hearing and Planning Commission Resolution No. PC2016-046, does find upon review of the
land use aspects of Development Agreement No. 2016-00002, as follows:
1. That the Proposed Project is consistent with the goals, policies,
programs and objectives specified in the City's General Plan;
2. That the Proposed Project is compatible with the uses authorized in,
and the regulations prescribed for, the applicable zoning district(s) in which the
Proposed Project is and will be located;
3. That the Proposed Project is compatible with the orderly development
of property in the surrounding area;
4. That the Proposed Project is not otherwise detrimental to the health and
safety of the citizens of the City of Anaheim; and
5. That Development Agreement No. 2016-00002, in the form presented
at the meeting at which this Ordinance was adopted, constitutes a lawful, present
exercise of the City's police power and authority under, is entered into pursuant
to, and is in compliance with the City's charter powers and the requirements of
the Development Agreement Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2016-00002 by and between the City of Anaheim and
FJS, Inc., a Texas corporation, in the form presented at the meeting at which this Ordinance was
adopted, be, and the same is hereby, approved.
SECTION 2.
That the Mayor be, and is hereby, authorized to execute Development Agreement No.
2016-00002 for and on behalf of the City.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 12thday of July 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 26th day of
July , 2016, by the following roll call vote:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Council Member Vanderbilt
ABSENT: Mayor Tait
ABSTAIN: None
ATTE
CITY CLERK OF THE CITY OF NAHEIM
117789JTJR
CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00132
APN: 137-011-07
137-011-20
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r=e_ Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
LEGAL DESCRIPTION OF THE PROPERTY
LEGAL DESCRIPTION OF THE DEVELOPER'S PROPERTY:
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA -0000479 RECORDED
JANUARY 31, 2001, AS INSTRUMENT NO. 20010054753, OFFICIAL RECORDS OF THE
ORANGE COUNTY RECORDER'S OFFICE.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF
SURFACE ENTRY.
PARCEL B:
AN EASEMENT FOR STORM DRAIN PURPOSES, TOGETHER WITH THE RIGIIT OF
INGRESS AND EGRESS FOR THE PURPOSE OF INSTALLING AND MAINTAINING
SAME OVER THE NORTH 4.00 FEET OF THE SOUTH 5.00 FEET OF THE WEST 190.00
FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO
SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICIAL RECORDS OF THE ORANGE COUNTY
RECORDER'S OFFICE.
[APN: 137-011-20]
LEGAL DESCRIPTION OF THE CITY PROPERTY:
REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF T14E NORTHWEST QUARTER OF SECTION 27;
THENCE ALONG THE CENTERLINE OF KATELLA AVENUE AS SHOWN ON PARCEL
MAP NO. 2013-153 FILED IN BOOK 382, PAGES 41 THROUGH 47, INCLUSIVE, OF
PARCEL MAPS LINE SOUTH 89011'53" EAST 250.93 FEET; THENCE SOUTH 00°48'07"
WEST 105.28 FEET; THENCE SOUTH 20°53'58" WEST 30.30 FEET; THENCE SOUTH
23017'27" WEST 412.97 FEET; THENCE NORTH 89°54'30" WEST 76.17 FEET TO THE
WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 27; THENCE ALONG SAID WEST LINE
NORTH 00005'30" EAST 516.29 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 83.00 FEET.
CONTAINING 72,656 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS
OF WAY AND EASEMENTS OF RECORD, IF ANY.
[A Portion of APN: 137-011-07]
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 6377 was introduced at a regular meeting of the City Council of the City of Anaheim, held on
the 12th day of July, 2016, and that the same was duly passed and adopted at a regular meeting
of said City Council held on the 26th day of July, 2016, by the following vote of the members
thereof:
AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman
NOES: Council Member Vanderbilt
ABSENT: Mayor Tait
ABSTAIN: None
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 26th day of July, 2016.
PXY-0 -
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2018-099 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 31St day of July 2018 by the following vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of August, 2018.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)