RES-9203 Redevelopment Agency Disposition and Development AgreementRESOLUTION NO. 9203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE CONSENTING TO THE APPROVAL BY THE
ORANGE REDEVELOPMENT AGENCY OF A DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN
THE AGENCY, ON THE ONE HAND, AND SOUTHERN
COUNTIES OIL COMPANY AND FRANK P. GREINKE,
TRUSTEE, GREINKE PERSONAL LIVING TRUST DATED
APRIL 20, 1999, ON THE OTHER HAND, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Orange Redevelopment Agency (the "Agency"), a public body,
corporate and politic, established pursuant to and existing under the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.), was created by the City
Council ofthe City of Orange (the "City"); and
WHEREAS, the Agency is undertaking activities necessary for the implementation of
the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Project
approved and adopted by Ordinance No. 22-88 of the City Council of the City on June 28,
1988,and amended by Ordinance No. 23-94 on November 8,
1994; and WHEREAS, Southern Counties Oil Company, a California general
partnership, and Frank P. Greinke, Trustee, Greinke Personal Living Trust Dated April 20, 1999 (
collectively, the Developer"), desire to acquire and redevelop certain real property (the "Site")
within the boundaries of the Project Project Area previously developed for urban
use; and WHEREAS, the Developer has submitted to the Agency and the City Council copies
of a proposed Disposition and Development Agreement (the "Agreement") between the
Agency and the Developer for the redevelopment ofthe
Site; and WHEREAS, in order to carry out and implement the Redevelopment Plan,
the Agency proposes to enter into the proposed Agreement with the Developer for the redevelopment
of the Site in accordance with the Redevelopment
Plan; and WHEREAS, in accordance withSections 33333.3 and 33352(k) of
the Community Redevelopment Law, the California Environmental Quality Act (California
Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California
Code of Regulations Section 15000 et seq.), and procedures adopted by the Agency
relating to environmental evaluation of public and private projects, the Agency's staff
reviewed the Developer's plan for the redevelopment of the Site according to the Agreement in light
of the program Final EIR for the Redevelopment Plan and Sections 15301 and 15332 of
the CEQA Guidelines to determine whether any additional environmental document needed to
be
WHEREAS, Agency staff's review indicated that the Agreement is within the scope of
the Redevelopment Plan and the previously certified approved Final EIR for the Redevelopment
Plan and meets the conditions set forth in Sections 15301 and 15332 of the CEQA Guidelines;
and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the
Agency is authorized, with the approval of the City Council after public hearing, to sell or lease
the Site for development pursuant to the Redevelopment Plan upon a determination by the City
Council that the consideration for such sale or lease is not less than fair reuse value at the use and
with the covenants and conditions and development costs authorized by the sale or lease; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed
Agreement was duly noticed in accordance with the requirements of Section 33433 of the
Community Redevelopment Law, and a copy of the proposed Agreement, along with a summary
report meeting the requirements of Section 33433, were available for public inspection consistent
with the requirements of Section 33433; and
WHEREAS, on December 14, 1999, the Agency and City Council held a joint public
hearing on the proposed Agreement, at which time the Agency reviewed and evaluated the
proposed Agreement; staff reports prepared on this matter; and all of the information, testimony,
and evidence presented during the joint public hearing; and
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto 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 laws and requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Section 1. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it:
A. That the City Council has received and heard all oral and written
objections to the proposed Agreement and to the proposed redevelopment of the Site in
connection therewith and to any other matters pertaining to this transaction, and that all
such oral and written objections are hereby overruled.
B. That the disposition of the Site to the Developer will assist in the
alleviation of one or more blighting conditions inside the Project Area, is consistent with
City Council Resolution re SCOC DDA 2 December 14. 1999
the Agency's Implementation Plan adopted pursuant to Section 33490 of the Community
Redevelopment Law, and the consideration to be paid by the Developer for the Site is not
less than the fair reuse value at the use and with the covenants and conditions and
development costs authorized by the sale.
C. That in accordance with the requirements of CEQA and the CEQA
Guidelines, the City Council has independently considered the previously certified
program Final EIR for the Redevelopment Plan and finds and determines that,
1. Pursuant to CEQA Section 21090 and Section 15180 of the CEQA
Guidelines, the Agreement represents public and private activities or undertakings
pursuant to, or in furtherance of, the Redevelopment Plans for the Project Area for
which the program Final EIR for the Redevelopment Plan was approved and
certified.
2. Pursuant to Section 15162 of the CEQA Guidelines, no new effects
could occur or no new mitigation measures are required in connection with the
Agency's approval of the Agreement so as to require the Agency to prepare either
a subsequent EIR or a supplemental EIR. The Agreement requires any
development of the Site to be carried out in compliance with the Redevelopment
Plan for which the program Final EIR was previously prepared, approved and
certified. The Agreement facilitates the redevelopment of certain previously
developed blighted urban property in implementation of the Redevelopment Plan,
and the potential significant environmental effects of such redevelopment was
analyzed in the program Final EIR and (in some cases) identified therein as
mitigation measures for the Redevelopment Plan.
3. The approval of the Agreement will not have any potential for
causing a significant effect on the environment and is exempt from the application
ofCEQA pursuant to Sections 15301 (Class 1 Categorical Exemption) and 15332
Class 32 Categorical Exemption) of the CEQA Guidelines and the "common
sense" exemption set forth in Section 15061(b)(3) of the CEQA Guidelines. The
Developer's redevelopment of the Site in accordance with the Agreement must
conform to the requirements of the Redevelopment Plan for which the prior
program Final EIR was prepared and certified.
The foregoing findings are based upon the administrative record for the Agreement, the
reasons expressed herein, the previously approved and certified program Final EIR for the
Redevelopment Plan, and the fact that the Agreement requires the Developer to cause the
Site and the existing building thereon to be redeveloped in accordance with the
Redevelopment Plan.
City Council Resolution re SCOC DDA 3 December 14, 1999
Section 2. The City Council consents to and approves the execution of the
Agreement by the Agency's Chairman, and a copy of the Agreement when executed by the
Chairman shall be placed on file in the office of the City Clerk.
Section 3. The City Clerk shall certify to the adoption of this Resolution and shall
cause any notice provided for under CEQA Section 21152 to be filed in accordance with the
requirements of Section 21152.
Section 4.The effective date of this Resolution shall be the date of its adoption.
ADOPTED this 14th day of December, 1999.
1
Y~anne Coontz, Mayor, City 0
t
I
ATTEST:
I
hereby certify that the above and foregoing Resolution was duly and regularly passed and
adopted by the City Council of the City of Orange at a regular meeting thereof, held on the 14th
day of December, 1999, by the following vote:AYES:
COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NOES:
COUNCILMEMBERS: NONE ABSENT:
COUNCILMEMBERS: NONE ABSTAIN:
COUNCILMEMBERS: NONE d~
range City
Council Resolution re SCOC DDA 4 December 14. 1999