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RES-10471 Sale of Certain City-Owned Parking LotRESOLUTION NO.10471 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AUTHORIZING THE SALE OF THAT CERTAIN CITY-OWNED PARKING LOT GENERALLY LOCATED ON THE WEST SIDE OF THE ORANGE TRANSPORTATION CENTER BETWEEN PALM AVENUE AND CHAPMAN AVENUE TO THE ORANGE REDEVELOPMENT AGENCY FOR REDEVELOPMENT PURPOSES.WHEREAS, the City of Orange (the City) is a municipal corporation exercising governmental functions and powers, 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 California Community Redevelopment Law commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as the Redevelopment Law); and WHEREAS, the Agency has been duly created, established and authorized to transact business and exercise its powers under and pursuant to the Redevelopment Law; and WHEREAS, the City is the owner of a 4.64-acre (gross) parcel of real property generally located on the west side of the Orange Transportation Center between Palm Avenue,on the north, and Chapman Avenue, on the south, which is being used as a parking lot for members of the general public and patrons of the Orange Transportation Center ( herein referred to as the Property). The Property is depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, as authorized by Section 37350 of the Government Code of the State of California, the City Council desires to sell the Property to the Agency for the common benefit of the City; and WHEREAS, pursuant to the requirement of Section 65402 of the Government Code of the State of California, the Director of Community Development has reported that disposition of the Property conforms with the City's General Plan; and WHEREAS, the Property is located within the boundaries of the Orange Merged and Amended Redevelopment Project Area (the Redevelopment Project Area), which Redevelopment Project Area was duly established by the City Council of the City of Orange on November 27, 2001 by Ordinance No. 21-01, pursuant to the Redevelopment Law; and WHEREAS, this City Council, as the "lead agency" under the California Environmental Quality Act (CEQA), finds and determines that the sale of the Property to the Agency is exempt from the provisions of CEQA under Sections 15060 and 15061 CEQA Guidelines because the sale will not result in a direct or reasonably foreseeable indirect physical change in the environment and there is no possibility that the sale will have a significant effect on the environment. The transfer of ownership of the Property results in no change to the physical environment because it will continue to be used for the same use and purposes as presently existing; and WHEREAS, in accordance with the authority conferred upon the City by Section 33220 of the Redevelopment Law, the City Council desires to aid and cooperate in the planning, undertaking, construction or operation of the Redevelopment Project Area by conveying the Property to the Agency for redevelopment purposes in accordance with the terms and provisions of that certain Purchase and Sale Agreement in the form presented at this meeting (the Agency Purchase Agreement); and WHEREAS, the Property has been appraised as having a fair market value of 7,740,000.00 and the purchase price set forth in the Agency Purchase Agreement is in accordance with said appraisal; and WHEREAS, the Agency Purchase Agreement by and between the City and the Agency has been prepared and submitted, providing for the conveyance of the Property by the City to the Agency for the purchase price and upon the terms stated therein; and WHEREAS, the City Council, along with the Board of Directors of the Agency, has duly considered all of the terms and conditions of the Agency Purchase Agreement, as set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, and believes that the conveyance of the Property 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 requirements, and that such activities promote the objectives of the Redevelopment Law as well as the Redevelopment Plan for the Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange resolves, on the basis of the facts set 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 Council finds and determines that the sale of the Property is exempt from the provisions of CEQA under Sections 15060 and 15061 of the State CEQA Guidelines. 3. This City Council hereby authorizes and directs that the Property be sold to the Agency for redevelopment purposes for the sum of $7,740,000.00 in accordance with the terms and provisions of the Agency Purchase Agreement in the form presented at this meeting. Accordingly, the City Council hereby authorizes and directs the Mayor to execute, and the City Clerk to attest, the Agency Purchase Agreement on behalf of the City and to sign and deliver all documents and take all other actions necessary and appropriate to carry out, implement and administer the City's obligations thereunder. 2 ADOPTED this 8th day of June, 2010. yn V. ~ve~che, Mayor, ~`ity of Orange ATTEST: i` Mary E. M City r , i range I, MARY E. MURPHY, City Clerk of the City of Orange, California, do 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 8th day of June, 2010, by the following vote: AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. ,City Clerk, Ci range