RES-ORA-0371 Automobile Dealership Rehabilitation Program EstablishmentRESOLUTION NO. ORA-
0371 A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ORANGE REDEVELOPMENT
AGENCY EST ABLISHING THE AUTOMOBILE
DEALERSHIP REHABILITATION PROGRAM AND APPROVING
A COMMERCIAL LOAN
REHABILITATION AGREEMENT UNDER THAT PROGRAM
WITH WANDA M. BALDWIN, TRUSTEE OF THE
BALDWIN FAMILY TRUST, BRIAN A. BUTLER AND PEGGY
A.BUTLER, TRUSTEES OF THE BRIAN A.
BUTLER FAMILY TRUST, AND KAREN S. BALDWIN,
TRUSTEE OF THE KAREN S. BALDWIN REVOCABLE
TRUST WHEREAS, the Orange Redevelopment Agency (the "Agency") has been
duly created, established and authorized to transact business and exercise its powers under
and pursuant to the Community Redevelopment Law (part 1 of Division 24 of the Health
and Safety Code of the State of California) (the "CRL");
and WHEREAS, pursuant to the CRL, the Agency is carrying out the
Redevelopment Plans f,Dr the Tustin Street Redevelopment Project, the Southwest Redevelopment
Project,and the Northwest Redevelopment Project (the "Project Areas");
and WHEREAS, the Agency is authorized pursuant to Health and Safety Code
Section 33444.:5 to loan funds to owners or tenants for the purpose of rehabilitating
commercial buildings or structures within the redevelopment project areas which are administered by
the Agency;
and WHEREAS, in order to carry out and implement the Redevelopment Plans for
the Project Area and pursuant to Section 33444.5 of the Health and Safety Code, the
Agency desires to establish an Auto Dealership Rehabilitation Program (the "Program") in the
form presented at this meeting for the Project Areas;
and WHEREAS, in order to carry out and implement the Redevelopment Plan for
the Tustin Street Redevelopment Project, the Agency and Wanda M. Baldwin, Trustee of
the Baldwin Family Trust, Brian A. Butler and Peggy A. Butler, Trustees of the Brian A.
Butler Family Trust, and Karen S. Baldwin, Trustee of the Karen S. Baldwin Revocable Trust,
who are, collectively, the "Owner" of a Ford Motor Company franchise commonly known as
Villa Ford at 2550 North Tustin Street (the "Site") in the City of Orange, propose to enter into
a Commercial Rehabilitation Loan Agreement (the "Loan Agreement"). The Loan
Agreement provides, among other things, that the Agency will make a $630,000 loan to the
Participant for the purpose of financing a portion of the cost of rehabilitating the existing
improvements located on the Site in accordance with the Program;
and
and
WHEREAS, the Site has been previously developed as an automobile dealership;
WHEREAS, the Agency Loan is payable to the Participant in seven (7) annual
disbursements of $90,000 each, but the Agency's obligation to make such annual
disbursements is contingent upon the occurrence of specified conditions; among the
conditions precedent to disbursement of Agency Loan proceeds are certain conditions which
must be satisfied each year, and which are not certain to occur, including the operation on the
Site for the entire preceding one year period as a Major Motor Vehicle Manufacturer
automobile dealership in accordance with use covenants set forth in the Loan Agreement, and
th(l generation of not less than Five Hundred Thousand Dollars ($500,000) in taxable sales
during the preceding one year period; and
WHEREAS, the rehabilitation of such property was included within the descriptionofthe "project" at the time that both the Final Environmental Impact Report was prepared in
conjunction with the adoption of the Tustin Street Redevelopment Plan in 1983 and again in
1988 when; accordingly,
WHEREAS, in accordance with the CRL and the California Environmental QualityAct (California Public Resources Code S(lction 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
Strleet Redevelopment Plan. Thereafter, when additional land area was added to the Tustin
Strleet 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 assQociated with public and private activities
undertaken to implement the Tustin Street Redevelopment Plan, as amended; and
WHEREAS, both CEQA and the Guideline:s for Implementation of CEQA (Title 14,
California Code of Regulations Section 15000 et seq.: "CEQA Guidelines") include specialprovisionsfordealingwiththevariousactivitiesundertakenpursuanttoredevelopmentplans. 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 rehabilitation of the Site as more particularlydescribedintheLoanAgreement, 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
Reso No. ORA-
0371
TJR
WHEREAS, this Board of Directors has duly considered all terms and conditions of
the proposed Loan Agreement and believes that the Loan Agreement is in the best interests of
the City and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law requirements.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the Orange
Redevelopment Agency as follows:
I . The City Council hereby finds and determines that the proposed rehabilitation
of the Site pursuant to the Loan Agreement 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. The City Clerk is authorized and directed, therefore, to file a
Notice of Determination pursuant to the provisions ofCEQA.
2. The Program, in the form presented at this meeting, is hereby approved and
established.
3. The Loan Agreement, in the form presented at this meeting, is hereby
approved. The Chairman of this Board of Directors is hereby authorized to execute the Loan
Agreement on behalf of the Agency and to sign all other documents necessary and
appropriate to carry out and implement the Loan Agreement and to administer the Agency's
obligations, responsibilities and duties to be performed under the Loan Agreement. A copy
of the Loan Agreement when executed by the Agency shall be placed on file in the offiee of
the City Clerk.
The City Clerk shall certify to the adoption ofthis Resolution.
ADOPTED this 23rd day of May, 2000.
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d:::~:;1; Agency
I
ATTEST:
TJR
Reso
No. ORA-0371
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 May,
2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DIRECTORS: SLATER, COONTZ, SPURGEON, ALVAREZ
DIRECTORS: NONE
DIRECTORS: MURPHY
DIRECTORS: NONE
Reso No. ORA-03?1