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HomeMy WebLinkAboutCC RESO 2004 - 90RESOLUTION NO. 2004 — 90 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 ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION AND MAKING CERTAIN FINDINGS IN CONNECTION HEREWITH WHEREAS, the Community Development Commission of the City of National City (the "CDC") is engaged in activities necessary to execute and implement the Redevelopment Plan (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 approximately 6.32 acre portion of the NCRP area located on the southeast corner of Bay Marina Drive and Harrison Avenue (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 Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation (the "Developers"), propose to enter into a Disposition and Development Agreement (the "Agreement") pursuant to which the CDC would convey the Site to the Developers, and the Developers would construct improvements on the Site consisting of a 150 room three -star hotel with a restaurant and 8,000 square feet of conference facilities, a tourist commercial facility with a 4,000 square foot restaurant and 10,000 square feet of office/commercial/tourist space, a 1,000 square foot public vista point, and all of the associated parking and on -site improvements (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 and that the consideration for such sale is not Tess than fair reuse value in accordance with the covenants and conditions governing the sale and development costs thereof; and Resolution No. 2004 — 90 May 25, 2004 Page Two WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law, the CDC has determined that the Project is of benefit to the NCRP area, the area in which it is proposed to be located; 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 report meeting the requirements of Health and Safety Code Section 33433, was available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on March 23, April 6, April 20, May 18, and May 25, 2004, the City Council and CDC held joint public hearings on the proposed Agreement and evaluated all of the information, testimony, and evidence presented during the public hearing; and WHEREAS, the CDC has reviewed the summary report 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 33445; 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 the City landfill; and WHEREAS, the value of the consideration for the Site, pursuant to proposed Agreement will not be Tess than the fair reuse value of the Site as set forth in the summary report completed per Section 33433; and WHEREAS, on March 2, 2004, the CDC adopted Resolution No. 2004-17 approving the Concept Plan and Consistency Report for the Marina Gateway Development Project. In adopting said Resolution, the CDC determined that the Concept Plan is consistent with both the Harbor District Specific Area Plan and its Supplemental Environmental Impact Report. The CDC also determined that the review, consideration and approval of a Disposition and Development Agreement for the Project by the CDC shall not be subject to environmental review pursuant to the requirements of California Environmental Quality Act (the "CEQA"), nor will any applications for entitlement approvals, due to the fact that the consistency determination shall serve as the required CEQA environmental review; and Resolution No. 2004 — 90 May 25, 2004 Page Three 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 CDC 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, based upon substantial evidence provided in the record before it, that the Project is of benefit to the NCRP area, the area in which it is proposed to be located. Section 3. 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 was declared blighted for the reasons described above. Section 4. The CDC Executive Director is authorized to file a Notice of Exemption with the County Clerk of the County of San Diego following adoption by the CDC of the resolution approving the proposed Agreement. Section 5. The CDC Chairman is authorized to execute the proposed Agreement following adoption by the CDC of the resolution approving the proposed Agreement. Section 6. The City Council hereby finds and determines that the Agreement is consistent with the Implementation Plan for the Redevelopment Plan. --- Signature Page to Follow --- Resolution No. 2004 — 90 May 25, 2004 Page Four PASSED and ADOPTED this 25th day of May, 2004. ATTEST: Michael Dalla, C. Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick nz nz. nor