RES-9252 Approving Sale of Surplus Real Property to Orange Redevelopment AgencyRESOLUTION NO. 9252
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE SALE OF
CITY-OWNED SURPLUS REAL
PROPERTY GENERALLY LOCATED NO~rH OF LA
VETA AVENUE BETWEEN LEMON STREET AND
OLIVE STREET TO THE ORANGE
REDEVELOPMENT AGENCY FOR REDEVELOPMENT
PURPOSES AND MAKING CERTAIN
FINDINGS 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 authorized to sell and otherwise convey real property to
the Orange Redevelopment Agency (the "Agency") under the Community Redevelopment
Law Health & Safety Code Section 33000 et seq.) (herein referred to as the "Law");
and WHEREAS, the Agency has been duly created, established and authorized
to transact business and exercise its powers under and pursuant to the Law;
and WHEREAS, Section 33396 of the Law authorizes the Agency, at the request of
the City, to accept a conveyance of City-owned surplus real property (located either
within or outside a redevelopment project area) for disposition by the Agency to private persons
or to public or private entities by sale or long-term lease for
d,;:velopment; and WHEREAS, as authorized by Sections 33220 and 33396 of the Law,
the City is agreeable to transferring title to certain real property (the "Property") to the
Agency for the purpose of enabling the Agency to provide affordable housing within the
City, and the Agency is agreeable to paying to the City the sum of One Hundred
Forty-two Thousand Two Hundred Dollars ($142,200.00) therefor, subject to the terms and conditions
set forth in the proposed Agreement for the Sale of Property (the "Agreement") in the
form presented at this meeting. The Property is more particularly described in Exhibit "A"
to the Agreement; and WHEREAS, the Property is a remainder of a larger parcel which
was acquired by the City pursuant to a condemnation action entitled City of Orange v. George
S. Walker. et ai.California Superior Court Case No. 783377) and used in part for the
widening of La Veta Avenue As such, the Property is surplus to the City's needs and not
needed for any other public purpose and the sale to the Agency is for the common benefit of
the City's citizens because it will
WHEREAS, pursuant to Sections 33334.2(a) and 33334.6(c) of the Law not less than
20% of all taxes which are allocated to the Agency are set aside by the Agency in its Low-
and Moderate-Income Housing Fund ("Housing Fund") and used by the Agency for
the purpose of increasing, improving and preserving the community's supply of low-
and moderate-income housing available at affordable housing costs to persons and
families of low. and moderate-income, including very low-income
persons and families; and WHEREAS, pursuant to Section 33334.2(e) of the Law,
the Agency may exercise any and all of its powers to carry
out this purpose; and WHEREAS, pursuant to Section 33334.6(a) of the
Law, the California State Legislature has found and declared that the provision of
affordable housing outside of redevelopment project areas can be of direct benefit to those
projects in assisting the accomplishment
of project objectives; and WHEREAS, pursuant to Section 33334.2(g) of the Law,
the Agency may use Housing Funds to assist in the provision of housing
for low- and moderate-income households, including very low-income
households, outside the boundaries of its redevelopment project areas upon resolution of the City
Council and the Agency that such use will be of
benefit to the redevelopment projects; and WHEREAS, the Property is located outside
the boundaries of the
City's redevelopment project areas; and WHEREAS, upon acquisition of the Property from
the City, the Agency desires to develop, or cause to be developed, the
Property as affi)rdable housing; and WHEREAS, the City Council desires to find and determine
that the use of a portion of the funds from the Housing Fund outside the
boundaries of the City's redevelopment project areas for the Agency's acquisition of the Property
in accordance with the terms and provisions of the Agreement, is for the benefit of the City'
s redevelopment proj ect areas and is in the vital and best interests of the City of Orange and the
health, safety and welfare of its residents, and in accord with the public purposes
and provisions of applicable federal, state and local laws and requirements, and that
such activities promote the affordable housing objectives of the Law as well as the Redevelopment
Plans for the Northwest, Southwest
and Tustin Street Redevelopment Projects; and WHEREAS, as authorized by Section 65402
of the California Government Code, the City Council finds and determines that the Property consists of
the remainder of a larger parcel which was acquired and used in part for the widening of
La Veta Avenue and that, accordingly,a report by the Planning Commission indicating that
the disposition of the Property conforms with the City's
General Plan is not
HEREAS, the City finds that the sale of the Property pursuant to the Agreement will
not cause a significant effect on the environment under the California Environmental Quality
Act (tlCEQAtl).NOW,
THEREFORE, the City Council of the City of Orange resolves, on the basis of
the fal;;tsset 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 finds and determines that approval and execution of the Agreement will
not cause a significant effect on the environment under CEQA.3.
The City Council hereby finds and determines that the Property is surplus to the
City"s needs and not needed for any other public purpose and is, therefore, surplus real property
and its sale to the Agency is for the common benefit of the City's citizens because it will
provide affordable housing;4.
That the Agency's use of funds from the Housing Fund in the amount of One Hundred
Forty-two Thousand Two Hundred Dollars ($142,200.00) for acquisition of the
Property will be of benefit to the City's redevelopment projects.
5. That the provision of affordable housing on the Property will be of benefit to
the Tustin Street Redevelopment Project, the Southwest Redevelopment Project, and the
Northwest Redevelopment Project and their respective project areas.
6. The Agreement, which establishes the temlS and conditions for the purchase and
conveyance of the Property, is hereby approved. Accordingly, the City Council hereby
authorizes and directs that the Property to be sold to the Agency in accordance with the terms
and provisions ofthe Agreement in the form presented.
7. The Mayor and the City Clerk are hereby authorized and directed to execute the
Agreement on behalf of the City and to sign all documents and take all other actions they deem
necessary and appropriate to carry out and implement the: Agreement on behalf of the City and
to administer the City's obligations thereunder.
ADOPTED this 23rd day of May, 2000.
Reso No. 9252 TJR
i' ,~
2
o~ ~o~n;~a;o;~~J:ity of Orange
ATTEST:
uty City Clerk of the City of Orange
I 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 23rd day of May,
2000, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
Reso No. 9252 TJR