RES-10404 Approval of Lease Santa Fe Depot Building to Ruby's Streamliner LLCRESOLUTION NO. 10404
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE LEASE OF
THE SANTA FE DEPOT BUILDING IN THE
ORANGE MERGED AND AMENDED
REDEVELOPMENT PROJECT AREA BY THE
ORANGE REDEVELOPMENT AGENCY TO
RUBY'S STREAMLINER, LLC AND MAKING
CERTAIN FINDINGS WITH RESPECT THERETO.
WHEREAS, the Orange Redevelopment Agency, a public body, corporate and politic
the Agency), has been duly created, established and authorized to transact business and
exercise its powers under and pursuant to the Community Redevelopment Law (commencing
with Section 33000 of the Health and Safety Code of the State of California and herein referred
to as the CRL); and
WHEREAS, the Agency is engaged in activities necessary to carry out and
implement the Amended and Restated Redevelopment Plan (the Redevelopment Plan) for the
Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project
Area), and has adopted an Implementation Plan for the Redevelopment Project in accordance
with California Health and Safety Code Section 33490 (the Implementation Plan); and
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
governmental functions and powers and is organized and existing under the laws of the State of
California; and
WHEREAS, in order to carry out and implement the Redevelopment Plan, the
Agency proposes to lease the historic Santa Fe Depot Building (the Building), owned by the
Agency and located in the Redevelopment Project Area, to Ruby's Streamliner, LLC, a
California limited liability company (the Tenant), pursuant to the terms and provisions of a
Lease (the Lease), in the form presented at this meeting. The Lease contains a description of
the Building and provides for the use of the Building as a restaurant (the Restaurant); and
WHEREAS, the Tenant has executed and delivered to the Agency the proposed
Lease in a form acceptable to and desired by the Tenant; and
WHEREAS, the City Council finds that the previous use of the Building was for a
restaurant and the proposed use subsequent to the execution of the Lease will be for a
restaurant and that therefore, pursuant to Section 15061(b)(3) of the State of California
Environmental Quality Act (CEQA) Guidelines, the execution of the Lease and the operation
of a restaurant by Tenant will not cause a significant effect on the environment because
environmental circumstances and conditions of the Building will not be changed; and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code, Section 33000, et seg.) this City Council and the Agency held a
joint public hearing on the proposed Lease of the Building; having duly published notice of
such public hearing and made copies of the proposed Lease and other reports and documents
available for public inspection and comment; and
WHEREAS, the City Council has duly considered all of the terms and conditions of
the proposed Lease and believes that the Lease of the Building pursuant to the proposed
Lease is in the best interests of the City and the health, safety, morals and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and local
law and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
1. The City Council recognizes that it has received and heard all oral and written
objections to the proposed lease of the Building pursuant to the Lease and that all such oral
and written objections (if any) are hereby overruled.
2. The City Council finds and determines that approval and execution of the
Lease is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
3. The City Council hereby finds and determines that the consideration to be
paid by the Tenant for the lease of the Building, as described in the Lease, is not less than the
fair market value at its highest and best use in accordance with the Redevelopment Plan for
the Redevelopment Project Area.
4. The City Council hereby finds and determines that the lease of the Building
will assist in the elimination of blight in the Redevelopment Project Area, and is consistent
with the Implementation Plan.
5. The lease of the Building, the Lease, and all related documents are hereby
approved and the Agency is hereby authorized to enter into the Lease with the Tenant in the
form presented at this meeting.
6. This Resolution shall take effect upon adoption.
ADOPTED this 25`" day of August, 2009
V~Ca~jeclzhe, Mayor, Ckty of Orange
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ATTEST:
Mary E. M City Cler , City o Or ge
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 25t'' day of August, 2009, by the
following vote:
AYES:COLTNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. ,City Clerk, Cit ange
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