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RES-2023-080RESOLUTION NO.2023- 080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A PURCHASE AND SALE AGREEMENT WITH CATERINA'S CLUB; 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 THE PURCHASE AND SALE OF THE PROPERTY IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15312; 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 10,018 square feet generally located at 125 W. Vermont Avenue 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 Caterina's Club, a California nonprofit corporation (the "Buyer"), pursuant to which the City will convey the Property to the Buyer for a purchase price of $830,000 (the "Purchase Price") and the Buyer will utilize the Property and the existing building thereon in support of the nonprofit "Caterina's Club" whose mission is to provide warm meals, affordable housing assistance, and job training to homeless and low-income families throughout Southern California, which organization operates in conjunction with the adjacent Anaheim White House Restaurant; and WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 2022-031 declaring the Property to be "surplus" properties pursuant to California Government Code Section 54221(b)(1); and WHEREAS, following compliance with the Surplus Land Act (SLA), no sale was finalized. After completion of those procedures, the California Department of Housing and Community Development (HCD) determined that the City had met all the requirements under the SLA for the purposes of disposing of the Property and that the "City is permitted to proceed with the sale or lease of the property"; and WHEREAS, the approval of the Agreement will not result in any physical change to the Property (other than addressing minor deferred maintenance) and does not obligate the City to subsequently approve any new use or physical change to the Property for purposes of this Agreement; 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 meeting, the staff presentations, the staff report and all materials in the Property's 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. 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City Council finds and determines that the project involves the sale of surplus government property; the surplus Property is not located in an area of statewide, regional or areawide concern identified in CEQA Guidelines Section 15206(b)(4); and, the project is not subject to any of the exceptions to exemption set forth in CEQA Guidelines Section 15300.2. Thus, the City's sale of the surplus Property is exempt from CEQA pursuant to CEQA Guidelines Section 15312, which exempts the sale of surplus government property. Section 4. The City Council hereby approves the Agreement, with such changes as may be mutually agreed upon by the Buyer, 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 2 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 perfect the prior acquisition of the Property by the City from the Successor Agency in order that the Property may be conveyed to the Buyer 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] 3 THE FOREGOING RESOLUTION is passed, approved and adopted by the City Council of the City of Anaheim this 2 6 th day of September. 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, "Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM EIM 4 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-080 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 261 day of September. 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 27U' day of September. 2023. l -CITY , LERK OF THE CITY OF ANAHEIM (SEAL)