RES-9343 Approving Extension of Lease in Southwest Redevelopment Project AreaRESOLUTION NO. 9343
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE APPROVING THE EXTENSION OF
A LEASE OF REAL PROPERTY OWNED BY THE
ORANGE REDEVELOPMENT AGENCY AT 190
SOUTH OLIVE IN THE SOUTHWEST REDEVELOPMENT
PROJECT AREA TO PAUL DE LA
TORRE, D.B.A. PAUL'S AUTO REPAIR, AND MAKING
CERTAIN FINDINGS WITH RESPECT THERETO
mEREAS,
the Orange Redevelopment Agency (the "Agency") is engaged in activities
necessary to carry out and implement the Redevelopment Plan for the Southwest Redevelopment
Project (the "Project"), and has adopted an Implementation Plan for the Project
in accordance with California Health and Safety Code Section 33490 (the Implementation
Plan"); and WHEREAS,
for purposes of redevelopment, the Agency acquired title on or about December
22, 1999 to that certain real property and improvements commonly known as 190 South
Olive in the City of Orange (the "Property"), which acquisition was subject to a lease the "
Lt:ase") of the Property by Paul De La Torre, doing business as Paul's Auto Repair Lesseā¬~").
The term of the Lease will expire on October 31, 2000; however, the Agency is not
presently in a position to lease or sell the Property for development pursuant to the Redevelopment
Plan and, therefore, desires to enter into an extension of the Lease term with Lessee
for two years to October 31, 2002 pursuant to the terms and provisions of a certain Lease
Amendment (the "Amendment"); and WHEREAS,
the Lessee has submitted to this City Council and the Agency a copy of said
proposed Amendment in a form acceptable to and desired by the Lessee; and WHEREAS,
the
City Council finds that the previous use of the Property was for an automobile repair
shop and the proposed use subsequent to the execution of the Amendment will not
change and that therefore, pursuant to Section 15061(b)(3) of the State of California Environmental Quality
Act ("CEQA") Guidelines, the execution of the Amendment and the operation of
an automobile repair shop by Lessee will not cause a significant effect on the environment because
environmental circumstances and conditions of the Property will not be changed; and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Hea.lth and Safety Code, Sections 33000 et seq.) this City Council and the Agency held a
joint public hearing on the proposed lease of the Property; having duly published notice of
such public hearing and made copies of the proposed Amendment and other reports and ~
documents available for public inspection and comment; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Amendment and believes that the lease of the Property pursuant to the proposed
Amendment 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 extension of the Lease of the Property pursuant to the
Amendment, and to other matters pertaining to this transaction, and that all such oral and
written objections are hereby overruled.
2. The City Council finds and determines that approval and execution of the
Amendment 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 Lessee for the lease of the Property as described in the Amendment is not less
than the fair market value at its highest and best use in accordance with the Redevelopment
Plan.
4. The City Council hereby finds and determines that the extension of the lease
of the property will assist in the elimination of blight in the Southwest Redevelopment
Project Area, and is consistent with the Implementation Plan.
5. The lease of the Property, the Amendment, and all related documents are
hen:by approved.
6. This Resolution shall take effect upon adoption.
ADOPTED this 12th day of December 2000.
n:econdev:reso:9343 TJR
ATTEST:
Cassandra
J. Cathc , 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 12th day of December,
2000, by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: Coontz, Slater, Mayor Murphy, Alvarez COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None C~~..
auAC.bf~Cassandra
J. Cathca:h-;CityClerk of the City of Orange n:
econdev:
reso:9343 TJR