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RES-2019-158 RESOLUTION NO. 2 01 9_1 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE SALE OF APPROXIMATELY 153 ACRES OF CITY-OWNED PROPERTY GENERALLY LOCATED AT 2000 E. GENE AUTRY WAY AND 2200 EAST KATELLA AVE. CONTAINING IMPROVEMENTS INCLUDING ANGEL STADIUM OF ANAHEIM AND CITY NATIONAL GROVE OF ANAHEIM AND FINDING THAT THE SALE WILL ASSIST IN THE CREATION OF ECONOMIC OPPORTUNITY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 52201 WHEREAS,the City of Anaheim("City")is a California municipal corporation and charter city; and WHEREAS,the City owns approximately 153 acres of land within the City's boundaries generally located at 2000 E. Gene Autry Way and 2200 E. Katella Ave,upon which exist certain improvements, including Angel Stadium of Anaheim("Stadium"),City National Grove of Anaheim, and their surrounding parking areas and environs(APNs 232-011-02, -06, -35, -36,- 37, -38, -39, -40, -41, -42, -43, -44, -47, -48, -49-50) ("Property"); and WHEREAS,the Property is currently underutilized, falling substantially short of its commercial,retail, entertainment,residential, and revenue and job-generating potential; and WHEREAS,the City is considering entering into a Purchase and Sale Agreement ("PSA")to sell the Property to SRB Management Company LLC ("SRB"), an entity controlled by the owners of Angels Baseball LP; and WHEREAS,the PSA provides that the City and SRB will negotiate in good faith to reach agreement on a Development and Disposition Agreement("DDA"),which is expected to provide for economic,housing,commercial and employment opportunities on and around the Property, while maintaining high standards of development and environmental protection; and WHEREAS, Government Code Section 52201(a)(1)permits the City to"sell or lease property to assist in the creation of economic opportunity,"which is defined by Government Code Section 52200.2 to include any of the following: (a)Development agreements, loan agreements, sale agreements, lease agreements,or other agreements that create,retain, or expand new jobs, in which the legislative body finds that the agreement will create or retain at least one full-time equivalent,permanent job for every thirty-five thousand dollars($35,000)of city, county, or city and county investment in the project after full capacity and implementation. (b)Development agreements,loan agreements,sale agreements,lease agreements,or other agreements that increase property tax revenues to all property tax collecting entities, in which the legislative body finds that the agreement will result in an increase of at least 15 percent of total property tax resulting from the project at full implementation when compared to the year prior to the property being acquired by the government entity. (c)Creation of affordable housing, if a demonstrated affordable housing need exists in the community, as defined in the approved housing element or regional housing needs assessment. (d)Projects that meet the goals set forth in Chapter 728 of the Statutes of 2008 and have been included in an adopted sustainable communities strategy or alternative planning strategy or a project that specifically implements the goals of those adopted plans. (e)Transit priority projects, as defined in Section 21155 of the Public Resources Code; and WHEREAS, as part of the planning,permitting and entitlement process, SRB and/or its successor(s)("Developer") intend(s)to submit application(s) for the City's consideration to allow for the modernization of the Stadium or construction of a new stadium and the design and construction of a mixed-use project upon the Property; and WHEREAS,prior to considering any project proposed by Developer,the City will conduct an appropriate environmental review consistent with the California Environmental Quality Act("CEQA") and the CEQA Guidelines; and WHEREAS, the City retains its full discretion to carry out its review of any project pursuant to CEQA,including its discretion to impose mitigation measures,require modification to the project,consider alternatives to the project, and to disapprove the project; and WHEREAS,nothing contained in the PSA commits the City to approving any project or any component thereof, and the City retains its full discretion and land use authority to consider, modify, condition, approve,or reject any proposed project; and WHEREAS,because the Property is significantly underutilized, it is anticipated that development consistent with the existing land use regulations that govern the Property, including the Platinum Triangle Master Land Use Plan("PTMLUP"), if approved,would generate substantial revenue and provide construction-related and permanent employment opportunities for the Anaheim community; and WHEREAS, it is also anticipated that, as part of the subsequent land use entitlement and permitting process, any approved project would be required to: be consistent with the goals and objectives of the PTMLUP; reflect a high quality of development; adhere to applicable building codes and other applicable standards and requirements, including a City policy, adopted by resolution,requiring developers to give consideration to the provision of affordable housing; and comply with CEQA and the CEQA Guidelines; and WHEREAS, it is anticipated that any approved project will be designed to include necessary street and utility infrastructure to adequately serve the project; and 2 WHEREAS,the City and SRB have reached mutual agreement and now desire to voluntarily enter into the PSA to provide for, among other things,the City's potential disposition of the Property to SRB, which agreement is contingent on, among other things,the parties' subsequently reaching agreement on the terms and conditions of a DDA and the City's compliance with CEQA and the CEQA Guidelines; and WHEREAS,the City prepared a report summarizing the details of the PSA and the economic opportunities it is expected to generate(the"Report"), and made the Report available for public inspection in accordance with California Government Code section 52201; and WHEREAS,the City Council conducted a duly noticed public hearing on December 20, 2019, in which the City Council received and fully considered all oral and written testimony from members of the public and City staff regarding the Report. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The recitals set forth above are true and correct and incorporated herein by this reference. SECTION 2. FINDINGS. Based upon the forgoing and all oral and written testimony from members of the public and City staff,the City Council finds as follows: A. Entering into the PSA will facilitate achievement of numerous goals and policies of the City's General Plan, as well as the PTMLUP and the Platinum Triangle Mixed Use Overlay Zone Stadium District requirements; is in conformity with the public convenience, general welfare, and good land use practices; will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole; and will not adversely affect the orderly development of property or the preservation of property values. B. The sale of the Property as provided in the PSA will assist in the creation of economic opportunity as described in California Government Code Sections 52201 and 52200.2, as further described in the Report dated December 6, 2019 prepared pursuant to Section 52001 and provided with this Resolution. In addition to a significant increase in jobs during both the anticipated construction period and following full build out,the sale of the Property will result in an increase of at least fifteen percent(15%)of total property tax revenues. Further, given City policy to encourage affordable housing, any approved project is expected to make provisions for affordable housing. C. The consideration SRB is paying for the Property is not less than fair market value at the Property's highest and best use given its zoning and encumbrances. 3 SECTION 3. APPROVAL Based upon the foregoing and all oral and written testimony from members of the public and City staff, the City Council hereby approves the PSA provided with this Resolution. SECTION 4. CERTIFICATION 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 20th day of December , 2019,by the following roll call vote: AYES: mayor Sidhu and Council Members Kring, Faessel, and O'Neil NOES: Council Members Barnes and Moreno ABSENT: Council Member Brandman ABSTAIN: None CIT • • ANAHEIM . ,,4. Al 1 7 S ' 1 ' H ' Y ci F ANAHEIM ATTEST: CITY CLE' 4 OF THE CITY OF ANAHEIM 135881 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. 2019-158 adopted at a special meeting provided by law, of the Anaheim City Council held on the 20th day of December, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Faessel and O'Neil NOES: Council Members Barnes and Moreno ABSENT: Council Member Brandman ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of December, 2019. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)