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HomeMy WebLinkAboutCC RESO 2004 - 10RESOLUTION NO. 2004 —10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") LOCATED At 929 NATIONAL CITY BOULEVARD TO FRED DEMEO, INC., DBA TROPHY LOUNGE, AND MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH WHEREAS, the Community Development Commission of the City of National City ("CDC") is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project (NCRP); and WHEREAS, in furtherance of the objectives of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the CDC desires to redevelop a certain approximate portion of the NCRP area located at 929 National City Boulevard (the "Site") which is owned by the CDC; and WHEREAS, the Implementation Plan adopted by the CDC with respect to the NCRP area calls for the CDC's objective to "increase private investment wherever possible, to promote jobs and improve the property and sales tax base of the City"; and WHEREAS, the CDC and Fred Demeo, Inc., dba Trophy Lounge (the "Developer"), propose to enter into a Disposition and Development Agreement (the "Agreement") pursuant to which the CDC would convey the Site to the Developer, and the Developer would construct improvements on the Site and the adjacent property owned by the developer consisting of approximately 12,800 square feet of restaurant, bar and entertainment facilities, and a parking lot of 34 spaces (the "Project"); and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law, the CDC is authorized, with the majority approval of the City Council after public hearing, to convey the Site for redevelopment purposes pursuant to the Redevelopment Plan upon a determination by the City Council that the sale of the Site will assist in the elimination of blight, that the sale is consistent with the implementation plan adopted pursuant to Section 33490 of the Health and Safety Code, and that the consideration for such sale is not less than fair reuse value in accordance with the covenants and conditions governing the sale and development costs thereof; and WHEREAS, a public hearing notice was duly noticed in accordance with the requirements of Health and Safety Code Section 33433; and WHEREAS, the proposed Agreement, and summary reports meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on February 3, 2004, the City Council and CDC held a joint public hearing on the proposed sale and evaluated all of the information, testimony, and evidence presented during the public hearing; and Resolution No. 2004 — 10 February 3, 2004 Page Two WHEREAS, the CDC has reviewed the summary reports required pursuant to Health and Safety Code Sections 33433 and evaluated other information provided to it pertaining to the findings required pursuant to Sections 33433; and WHEREAS, the sale of the Site pursuant to the proposed Agreement will improve the quality of life of the residents of the City of National City and its visitors through the elimination of blight and the development of quality projects in the NCRP area by providing for the reuse and redevelopment of a portion of the NCRP area which formerly contained various substandard commercial buildings; and WHEREAS, the value of the consideration for the Site, pursuant to proposed Agreement will not be less than the fair reuse value of the Site as set forth in the summary report completed per Section 33433; and WHEREAS, the CDC approved Resolution No. 2004 — 06 adopting a Mitigated Negative Declaration ("MND") and a Mitigation Monitoring and Reporting Program ("MMRP") prepared pursuant to California Environmental Quality Act ("CEQA") guidelines on February 3, 2004, prior to consideration for approval of the Agreement; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement has 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 disposition of the Site pursuant thereto is in the best interests of the City of National City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law requirements. NOW, THEREFORE, BE IT RESOLVED by the City. Council of the City of National City as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it, that the consideration for the disposition of the Site, pursuant to the terms and conditions of the proposed Agreement, is not less than the fair reuse value of the Site in accordance with the covenants and conditions governing the sale, and the development costs required under the proposed Agreement. Section 2. The City Council hereby finds and determines that the disposition of the Site pursuant to the proposed Agreement will eliminate blight within the Project Area by providing for the reuse and redevelopment of a portion of the Project Area, which formerly contained various substandard commercial buildings. Section 3. The City Council hereby finds and determines that the Agreement is consistent with the Implementation Plan for the Redevelopment Plan. Section 4. The CDC Executive Director is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following adoption by the CDC of the resolution adopting the MND. Resolution No. 2004 — 10 February 3, 2004 Page Three BE IT FURTHER RESOLVED that the Agreement for the sale of the Site is hereby approved. The Chairman of the CDC is hereby authorized and directed to execute the Agreement on behalf of the CDC, and the Executive Director of the CDC is authorized and directed to attest thereto. A copy of the Agreement, when executed, shall be placed on file in the office of the Executive Director of the CDC. BE IT FURTHER RESOLVED that the Executive Director of the CDC is authorized to execute such further documents and take such further actions as may be necessary or appropriate to carry out the CDC's obligations, pursuant to the Agreement. PASSED and ADOPTED this 3rd day of February, 2004. ATTEST: Mic .el R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney