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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. -1- 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.