RES-2019-096 RESOLUTION NO. 2019- 0 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF ANAHEIM AND 39 COMMONS
PARTNERS, LLC; AUTHORIZING THE DIRECTOR OF COMMUNITY
AND ECONOMIC DEVELOPMENT TO FINALIZE SUCH DISPOSITION
AND DEVELOPMENT AGREEMENT; AUTHORIZING THE DIRECTOR
OF COMMUNITY AND ECONOMIC DEVELOPMENT TO IMPLEMENT
SUCH DISPOSITION AND DEVELOPMENT AGREEMENT; AND
MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Anaheim (the "City") is a California municipal corporation and
charter city;
WHEREAS, the City Council ("City Council") for the City is authorized and empowered
under its Charter to enter into agreements for the acquisition, disposition and development of real
property, and to make and execute contracts and other instruments necessary or convenient to
exercise its powers;
WHEREAS,the City is the owner of certain real property containing approximately 30.09
acres, including a leasehold interest in the Loan Pham Property, containing approximately .624
acres as shown on the Site Map attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Property");
WHEREAS, on September 27, 2016, the City Council approved a Disposition and
Development Agreement between City and Zelman Anaheim, LLC ("Zelman") for the sale and
development of the Property (the"2016 DDA");
WHEREAS, on July 15, 2019, the City and Developer agreed to rescind the 2016 DDA;
WHEREAS, 39 Commons Partners, LLC (the "Developer") now desires to acquire the
Property and to construct thereon certain improvements as four(4)separate components,including
a Residential Component, a Retail Component, a Mixed Use Commercial Component, and a
Grocery Store Component(the "Project")pursuant to the terms of a Disposition and Development
Agreement between City and Developer(the "2019 DDA");
WHEREAS, in accordance with California Government Code Section 52201, the City
held a noticed public hearing regarding the 2019 DDA;
WHEREAS, the City prepared a report summarizing the details of the 2019 DDA in
accordance with Section 52201 of the California Government Code (the"Report") and made such
Report available for public inspection prior to the public hearing on the 2019 DDA;
WHEREAS, the City, acting as the Lead Agency for the Beach Boulevard Specific Plan
(the "Plan"), prepared and circulated for public review Environmental Impact Report No. 2017-
00350 (the "EIR") regarding the Plan and in accordance with the requirements of the California
Environmental Quality Act ("CEQA"). The City has determined that there will be no new
environmental impacts associated with the approval of the 2019 DDA other than those previously
identified and disclosed by the City as the Lead Agency in the EIR; and
WHEREAS,the City has duly considered all terms and conditions of the presently drafted
2019 DDA and has determined that the 2019 DDA is in the vital and best interest of the City and
the health, safety, morals and welfare of its residents, and in accord with the goals, objectives and
public purposes and provisions of applicable state and local laws.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANAHEIM AS FOLLOWS:
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 (a) the proposed sale and development
of the Real Property will assist in the creation of economic opportunity, as defined in California
Government Code Section 52200.2; and (b) the consideration being paid to the City is not less
than the fair market value of the Properties at their highest and best use, as determined by an
independent appraiser.
Section 3. The City Council hereby finds that the 2019 DDA is within the scope of the
project previously analyzed pursuant to CEQA as set forth above, and therefore, no further
environmental documentation is required for the City Council's approval of the 2019 DDA.
Section 4. The City Council hereby approves the 2019 DDA, with such changes as
may be mutually agreed upon by the Developer,the City Attorney and the Director of Community
and Economic Development(the"Director")(or his duly authorized representative),respectively,
as are minor and in substantial conformance with the form of the 2019 DDA submitted herewith.
The Director and the City Clerk are hereby authorized to execute and attest the 2019 DDA,
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 2019 DDA after completion
of any such non-substantive, minor revisions. Copies of the final form of the 2019 DDA, 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 2019 DDA and take
all further actions and execute all documents referenced therein and/or necessary and appropriate
to carry out the transaction contemplated by the 2019 DDA, including all exhibits thereto. The
Director(or his duly authorized representative) is hereby authorized to the extent necessary during
the implementation of the 2019 DDA to make technical or minor changes and interpretations of
the 2019 DDA after execution, as necessary to properly implement and carry out the 2019 DDA,
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 2019 DDA.
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 2019 DDA, 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 2019 DDA, including all exhibits thereto.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 30th day of July , 2019, by the following roll call vote:
AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman,
Moreno, Faessel , and O' Neil
NOES:None
ABSENT: None
ABSTAIN:None
CITY OF ANAHEIM
B / � dA
Y AR OF THE IT OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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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. 2019-096 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 30th day of July, 2019 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel,
and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of July, 2019.
CITY CLERK F THE CITY OF ANAHEIM
(SEAL)