2002-058t'*dESOLUTION NO. 2002R-58
A Rk';SOLUTION OF THE CITY COUNCIL OF THE CITY
ANAHEIM (i) FINDING AND DETERMP~'L*~G THAT THE
SALE OF CERTAIN CITY PROPERTY, WITHOUT
CONDUCTING PUBLIC BIDDING, IS IN' THE BEST
INTERESTS OF THE CITY, (ii) APPROVING AND
AUTHORIZING THE EXECUTION OF THAT CERTAIN
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY AND EXCEL POINTE ANAHEIM, LLC,
DATED AS OF J.auNUARY 1,2002, AND (iii) MAKING CERTAhN
OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, Excel Pointe Anaheim LLC (the "Developer") has proposed to develo0 a b.rge-
scale mixed use project (the ':Project") on ce~ain property, i. ncluding (i) certain prop,crP?" o'.~med 'by
the Developer (the "Developer Propm~/'), (ii) to the extent acquired by the Developer purs:.~aat .t~>
this Agreement, property cun'ently ovmed by fl.~e Ci.ty (the "City Property"), and (iii) to *.~:c e, xZ:m~.
acquired by the Developer, property cu~e,n, tly owned by third parties which the Developer is seeking
'~o acquire (the "Third Party Property"), al! of which is located within the City of Anaheim; and
WHEREAS, the Project is more t~ally deschbed in that certain Firs~ Amended and Restated
Development Agreement No 99-1 by and be~veen the Ci~ of Anaheim and Excel Pointc Anaheim
LLC dated as of February 26, 2002 ("Deve!opmen~ Agreement"), ,~nd approved by the CiPj,' Count. il
of [he City as of such date; and
WHEREAS, the City and the Developer des'~r¢ ro enter into that certain Disposition and
Development A~'eement (the ZAgreenxent"), and subject to its terms and proviMons, to provide ~br
(a) the City to sell the City' Prope..-'ty to the 13evelopec in accordanc, e with the ~enns contained the:'ein;
(b) the Developer to c~nstmct the Project; (c) the D,~veloper to lease to the City~ certain public
parking facilities to be constracted in o3~jp, nctmn with the development of the Project; and (d) the
Ciw to sublease such parking facilities to the Developer, for purposes of operation, mainte~.ance, and
management thereof; and
WHEREAS, the development of the Project wili result in substantial benefits to the C~W.
which may include (i) job creation and enhanced revenues to the City resulting from c~nsmtction
and ~:reation -z' ~.
c,~ ,h~ Project, i.ncluding property tax and s~.les tax revenues and ~ansient occupancy
taxes, (ii) ennanced c~rculation and access within the Anaheim R.esoizTM Specific Plan men; (iii)
enhanced m,~rketabii ity and operation 0f the ./-knahean Res0rtx:'t resulting horn an increase in thc
number of firs~-class, 5.~ll-se~wicc hotel rooms within clo:.;e proximity to the Convention Center,
Disneyland, Disney's Califbm{a Adventure and the ~.~ture contemplated D~sney Third Gate
development area; (iv) enhanced marketabili~ that ~s likely to extend out-.of-town ~eisure and
convention visitors' lengths ef :;lay in the Anaheim Rcsor'tTM as a result of a~ditional a~ractions and
high-q~mlity retail shopping and dining oppo~Jnities, (':} tb.e creation of public parking and overflow
parking for t~e Ana~em~ Con~ent~en Center to be consa,scted ~.n accordance with the Agweement;
and
WHEREAS, the public interest and ConVenience require the sale of the Property to the
Developer, in order to further the economic development thereof; and
WHEREAS, the City has previously conducted an environmental review of the Project in its
approval of the Development Agreement, pursuant to the California Environmental Quality Act,
Public Resources Code Section 21000 et seq., and in conjunction with such approval, has approved
Mitigated Negative Declaration (State Clearinghouse No. 99011053) and Mitigation Monitoring Plan
No. 004 and an addendum thereto (collectively, the "MND") and authorized the filing ora Notice ot~
Determination in conjunction therewith; and
V~rI-IERE, AS, the approval and implementation of the Agreement and the rnaking of the
findings set forth herein xvill not result in (i) any environmental impacts not covered by the MND, or
(ii) any increase in the severity of the environmental impacts covered by the MND and, therefore,
pursuant to CEQA Guidelines Section 15162 (14 CCR § 15162), no additional CEQA analysis of the
Agreement is required; and
WHEREAS, all actions required by all applicable law with respect to tt,,e proposed
A~eement have been taken in an appropriate and timely manner.
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AND DETE1LMINE AS FOLLOWS:
1. The City Council has duly considered ali terms and conditions of the proposed
Agreement and believes that the disposition of the City Property without public bidding pursuant
thereto is in the best interests of the City of Anaheim and the health, safety, and welfare of;.ts
residents, and in accord with the public purposes and provisions of applicable state and local laws
and requirements.
2. The approval of the Agreement furthers the City's goals of stimulating economic
development; providing adequate public parking to serve various Cit)., facilities, as well as private
cormnercial development within the community; and ensuing adequate infrastructure to serve
development within the community; and such public benefits are commensurate with the
consideration to be paid by the City pursuant to the Agreement.
3. Thc Agreement is consistent with the approved MND and will not result in any
environmental impacts not covered by the MND, nor increase the severity of any of the
environmental impacts analyzed by the MND and, therefore, pursuant to CEQA Guidelines Section
15162 (14 CCR § 15162), no additional CEQA analysis is required.
4. The Agreement, a copy of which is on file with the Secretary of the City, is hereby
approved and the City Manager is authorized to execute the Agreeme'nt and, from titne to time, to
take such further actions, including ~vithout limitation executio,.~ of other documents, as may be
necessary or convenient to implement the Agreement.
TIlE FOREGOING RESOLUTION IS r-~A},~qSr.D~'~ APPROVED AxND ADOPTED THIS
IWENTY..SIXTH (26TM) DAY OF FEBRUARY, 2002 BY THE FOLLOWING VOTE:
AYES: Feldhaus,
NOES:
None
ABSENT: None
ABSTAIN: None
Kring, Tait,
McCracken, Daly
bLAYOR OF THE CITY OF IM
ATTEST:
43755.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-58 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
CI'~'~ CLER~ OF THE CITY OF ANAHEIM
(SEAL)