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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