RES-10254 Authorization of Lease of City-Owned Parking Lot to Redevelopment AgencyRESOLUTION NO. 10254
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE LEASE OF
THE CITY-OWNED PARKING LOT BOUNDED
ON THE SOUTH BY CHAPMAN AVENUE, ON
THE NORTH BY PALM AVENUE, AND ON
THE EAST BY THE RAILROAD
RIGHT-OF-WAY USED FOR
METROLINK COMMUTER RAIL SERVICE TO
THE ORANGE REDEVELOPMENT AGENCY
FOR REDEVELOPMENT PURPOSES.WHEREAS, the City of Orange (the City) is a
municipal corporation exercising governmental functions and powers, organized and existing under the laws of
the State of California, and authorized to sell and otherwise convey real property
to the Orange Redevelopment Agency (the Agency) under the California
Community Redevelopment Law commencing with Section 33000 of the Health and Safety Code and hereinafter referred
to as the
Redevelopment Law); and WHEREAS, the Agency is a redevelopment agency existing pursuant
to the provisions of the Redevelopment Law, which has been authorized to transact business
and exercise its powers under and pursuant to the
Redevelopment Law; and WHEREAS, the City is the owner of that certain 2.40-acre
parcel of land commonly known as the West Chapman Avenue Parking Lot (the Parking Lot) and
improved as a public parking facility, serving members of the general public and patrons
of the peripheral commuter rail passenger terminal and bus transfer facility located at 194 N. Atchison Street
in the City of Orange (the Orange Transportation Center or OTC). The Parking Lot is
bounded on the south by Chapman Avenue, on the north by Palm Avenue, and on the east
by the railroad right-of-way used for Metrolink commuter rail
service to the OTC; and WHEREAS, as authorized by Section 33220 of the Redevelopment
Law and to enable the Agency to own, manage, operate and maintain the Parking
Lot, together with the pedestrian under-crossing to be constructed beneath the
railroad right-of-way, and the existing transit-related facilities located on Agency-owned land
on the east side of the railroad right-of-way as an integrated transportation facility,
the City Council desires to lease the Parking Lot to the Agency for redevelopment
purposes in accordance with the terms and provisions of that certain Ground Lease
in the form presented at this meeting (the Ground Lease); and WHEREAS, the Parking
Lot is located within the boundaries of the Orange Merged
and Amended Redevelopment Project Area (the Redevelopment Project Area), which Merged Redevelopment Project Area was duly
established by the City Council of the City of Orange on November 27,
WHEREAS, this City Council, as the lead agency under the California Environmental
Quality Act (CEQA), finds and determines that the lease of the Parking Lot to the Agency is
exempt from the provisions of CEQA under Sections 15060 and 15061 of the State CEQA
Guidelines because the lease will not result in a direct or reasonably foreseeable indirect physical
change in the environment and there is no possibility that the lease will have a significant effect on
the environment. The lease results in no change to the physical environment because it will
continue to be used for the same use and purposes as presently existing; and
WHEREAS, the City Council, along with the Board of Directors of the Agency, has duly
considered all of the terms and conditions of the Ground Lease, as set forth in the agenda report
presented to it and any testimony received at the meeting at which this matter was considered, and
believes that the lease of the Parking Lot to the Agency 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 requirements, and that such activities promote the
objectives of the Redevelopment Law as well as the Redevelopment Plan for the Redevelopment
Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange,
on the basis of the facts set forth in the agenda report presented to it and any testimony
received at the meeting at which this matter was considered, as follows:
1. The foregoing recitals are true and correct.
2. The City Council finds and determines that the sale of the Parking Lot is exempt
from the provisions ofCEQA under Sections 15060 and 15061 of the State CEQA Guidelines.
3. The City Council hereby finds and determines that the lease of the Parking Lot to
the Agency in accordance with the terms and provisions of the Ground Lease is for the common
benefit ofthe City.
4. This City Council hereby authorizes and directs that the Parking Lot be leased
to the Agency pursuant to the terms and provisions of the Ground Lease in the form presented
at this meeting, and hereby authorizes and directs the Mayor to execute, and the City Clerk to
attest, the Ground Lease on behalf of the City and to sign and deliver all documents and take
all other actions necessary and appropriate to carry out, implement and administer the City's
obligations thereunder.
ADOPTED this 1ih day of February, 2008.
ATTEST:
City Clerk,
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 lih day of February, 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None