RES-ORA-0403 Owner Participation Agreement Approval With Ronald P Beard TrustRESOLUTION NO. ORA-
0403 A RESOLUTION OF THE
ORANGE REDEVELOPMENT AGENCY APPROVING
AN OWNER PARTICIPATION AGREEMENT
WITH THE RONALD P. BEARD TRUST
DATED FEBRUARY 23, 1984, AND THE HLP
FAMILY LIMITED PARTNERSHIP ("
OWNER PARTICIPANTS") FOR THE REDEVELOPMENT
OF 1610 EAST CHAPMAN AVENUE ("SITE")
LOCATED WITHIN THE TUSTIN STREET
REDEVELOPMENT PROJECT
AREA.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) (the "CRL");
and WHEREAS. the City of Orange (the "City") is a municipal corporation which
exercises govemmental functions and powers and is organized and existing under the laws of the State
of California;
and WHEREAS, on December 6, 1983, the City Council of the City of Orange
adopted Ordinance No. 49-83 approving the Redevelopment Plan for the Tustin
Street Redevelopment Project and which Redevelopment Plan was amended to include, among other properties,
the Site on June 21, 1988 by Ordinance No. 20-88, (collectively referred to herein
as the "Redevelopment Plan"), thereby authorizing the Agency to administer the Redevelopment Plan for
the Tustin Street Redevelopment Project (the "
Redevelopment Project"); and WHEREAS, the Agency is engaged in activities necessary to carry out
and implement the Redevelopment Plan for the
Redevelopment Project; and WHEREAS, the Ronald P. Beard Trust Dated February 23, 1984, and
the HLP Family Limited Partnership (collectively referred to herein as the "Owner Participants")
own that certain real property commonly known as 1610 E. Chapman Avenue in the
Redevelopment Project area
the "Site"); and WHEREAS, as authorized by CRL, the Owner Participants desire to sell,
and the Agency proposes to acquire, a portion of the Site and the Owner Participants seek to redevelop
and attract a new tenant to the balance of the Site consistent with the Redevelopment
Plan, potential future street widening efforts of the City, the Orange Municipal Code, and subject to
the terms and conditions set forth in a proposed Owner Participation Agreement (the "
WHEREAS, the OP A by and between the Participant and the Agency has been prepared
and submitted, providing for the conveyance of a portion of the Site to the Agency for the purchase
price and upon the terms stated therein and calling for the proposed redevelopment of the balance
of the Site with the project more particularly described in the OPA; and
WHEREAS, in accordance with the CRL and the California Environmental Quality Act
California Public Resources Code Section 21000 et seq.: "CEQA"), the Final Environmental
Impact Report for the Tustin Street Redevelopment Plan (herein referred to as the "Final EIR")
was prepared in 1983 to identify and analyze the potential environmental impacts associated with
public and private activities undertaken to implement the Tustin Street Redevelopment Plan.
Thereafter, when additional land area was added to the Tustin Street Redevelopment Project
Area and the Redevelopment Plan amended in 1988, a Program Environmental Impact Report for
Amendment No. One to the Tustin Street Redevelopment Plan (herein referred to as the
Program EIR") was prepared to identify and analyze the potential environmental impacts
associated with public and private activities undertaken to implement the Tustin Street
Redevelopment Plan, as amended; and
WHEREAS, both CEQA and the Guidelines for Implementation of CEQA (Title 14,
California Code of Regulations Section 15000 et seq.: "CEQA Guidelines") include special
provisions for dealing with the various activities undertaken pursuant to redevelopment plans.
Section 21090 of CEQA provides that "all public and private activities or undertakings pursuant
to, or in furtherance of, a redevelopment plan shall be deemed to be a single project."
Amplifying this, Section 15180 of the CEQA Guidelines provides that "[a]n EIR on a
redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for
individual components of the redevelopment plan unless a subsequent EIR or a supplement to an
EIR would be required by Section 15162 or 15163"; and
WHEREAS, in evaluating the proposed activities for implementing the Tustin Street
Redevelopment Plan on the Site with the redevelopment of the Site as more particularly
described in the OP A, the Agency finds and determines, on the basis of substantial evidence, the
Final EIR and the Program EIR, that a subsequent EIR or supplemental EIR does not need to be
prepared for the rehabilitation of the Site; and
WHEREAS, this Board of Directors has duly considered all of the terms and conditions of
the proposed OP A and believes that the acquisition of a portion of the Site and the development of
the balance thereof pursuant to the OP A 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 Board of Directors of the Orange
Redevelopment Agency as follows:
1.The foregoing recitals are true and correct.
ORA,0403 2
2. That the proposed redevelopment of the Site pursuant to the OP A would not have
a significant effect on the environment not otherwise described in the Final EIR and/or the
Program EIR and that neither a subsequent EIR nor a supplement to an EIR is required by
Sections 15162 or 15163 of the CEQA Guidelines. Accordingly, the Agency Clerk is hereby
authorized and directed on behalf of the Agency to file with the Clerk of Orange County a Notice of
Determination in accordance with Section 15096(i) of the State CEQA Guidelines.
3. The Agency hereby finds and determines that the redevelopment of the Site by
Participant in accordance with the terms and provisions of the OP A will assist in the elimination
of blight, including modernization of vacant, obsolete building improvements at a key
intersection of the Project Area, and the possible accommodation of a future street widening
project if designed, financed and implemented by the City of Orange as outlined in the agenda
report presented to this Agency.
4. The Agency hereby finds and determines that the assistance provided to the Owner
Participants in accordance with the terms and provisions of the OP A is required to induce the
Owner Participants to undertake the redevelopment of the Site.
5. The Agency hereby fmds and determines that the terms and provisions of the
OP A between the Agency and the Owner Participants, in the form as submitted by the Executive
Director and executed by the Owner Participants, are approved and that the Chairman is
authorized to execute, and the Agency Clerk to attest, the OPA on behalf of the Agency.
6. The Executive Director is hereby authorized and directed to execute on behalf of
the Agency all documents necessary and appropriate to carry out and implement the OPA and to
administer the Agency's obligations, responsibilities and duties to be performed thereunder
including the exchange of temporary construction easements for the benefit of the City and the
Owner Participants.
ADOPTED this 23rd day of October, 2001.
ATTEST:
Cassandra J. C t cart, Agency Clerk
ORA,0403 3
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 23rd day of October,
2001.
AYES: DIRECTORS: Slater, Alvarez, Murphy, Coontz. Cavecche
NOES: DIRECTORS: None
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
II . 1.~AA'/41/./~~ t~
Cassandra J. Ca art, Agency Clerk
ORA-0403