1977-388RESOLUTION NO. 77R -388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING RESCISSION OF AN AGRICULTURAL
PRESERVE AGREEMENT BETWEEN COUNTY OF ORANGE AND
JOHN S. FLUOR AND GLORIA B. FLUOR.
WHEREAS, an Agricultural Preserve Agreement,
commonly known as the Douglass Sunkist Agricultural Preserve
Agreement, and herein referred to as "Preserve Agreement"
was entered into between John S. Fluor and Gloria B. Fluor
and the County of Orange on February 26, 1969, pursuant to
the California Land Conservation Act of 1965 set forth in the
California Government Code commencing with Section 51200; and
WHEREAS, pursuant to Government Code Section 51200,
et seq., John S. Fluor and Gloria B. Fluor petitioned the City
of Anaheim for rescission of said Preserve Agreement for the
following reasons:
(a) That urbanization of surrounding territory
permitted by public authority allegedly
caused the land subject to Preserve Agree-
ment to be no longer suitable for
agricultural purposes and allegedly violated
the provisions of said agreement.
(b) The State of California and local public
authority allegedly violated provisions of
Government Code Sections 51230, 51290 and
51292 to wit:
i) Section 51230 was allegedly violated in
that a county or city may establish
agricultural preserves of less than 100
acres if it finds that smaller preserves
are necessary due to the unique character-
istics of the agricultural enterprises in
the area and that the establishment of
preserves of less than 100 acres is con-
sistent with the general plan of the
county or city.
ii) Section 51290 and Section 51292
provisions were allegedly violated in that
public improvements were allegedly located
within the Agricultural Preserve when there
was allegedly property outside the Agri-
cultural Preserve on which it was
reasonably feasible to locate the public
improvement elsewhere.
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WHEREAS, the City Council of the City of Anaheim
finds that the establishment of an Agricultural Preserve
known as the Douglass Sunkist Agricultural Preserve was not
in violation of Sections 51230 and 51290 of the Government
Code; and further finds that the land remains suitable for
agricultural purposes and was not in violation of the
intended provisions of the Agricultural Preserve Agreement.
WHEREAS, the City Council of the City of Anaheim
finds it in the public interest not to rescind said Agricul-
tural Preserve Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the request to rescind the
Agricultural Preserve Agreement entered into between the County
of Orange and John S. Fluor and Gloria B. Fluor dated February
26, 1969, be, and the same is hereby, denied.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 24th day of
May, 1977.
ATTEST:
JLW: j h
MAYOR OF TH
CITY LERK OF T YOF ANAHEIM
CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City. of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -388 was introduced and adopted at a regular
meeting provided by law, of the City Counci,1 of the City,of Anaheim held on
the 24th day of May, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS.: Kaywood, Seymour and Kott
NOES: COUNCIL MEMBERS: Roth and Thom
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 77R -388 on the 24th day of May, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of May, 1977.
(SEAL)
I, LINIJA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -388 duly passed and adopted
by the Anaheim City Council on May 24, 1977.