RES-10410 Authorization of Sale of S. Orange Street Parking Lot to Redevelopment AgencyRESOLUTION NO.10410
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SALE OF
THAT CERTAIN CITY-OWNED REAL
PROPERTY COMMONLY KNOWN AS THE SOUTH
ORANGE STREET PARKING LOT IN THE CITY
OF ORANGE 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 owns that certain real property commonly known as the
South Orange Street parking lot, which is generally located on the west side of Orange Street
between Chapman Avenue and Almond Avenue in the City of Orange and is being used as a parking
lot for members of the general public (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-O1, 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 of
the State 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
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
1,285,000.00 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 $1,285,000.00 in cash 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 10th day of November, 2009.
ATTEST:
Z~
Mary E ,City Clerk, ~ y o e
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 Cit<,~ of Orange at a regular meeting thereof held on the 10th day of November, 2009, by
the following vote:
AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E.City C~e~k,.~t3 Orange