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HomeMy WebLinkAboutCC RESO 2005 - 112RESOLUTION 2005 —112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PACIFIC VIEW ESTATES, LLC 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 (the "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 portion of the NCRP area comprised of approximately 4.43 acres located at 1125, 1251 and 1311 East Division Street (the "Site"), in which the property located at 1125 East Division Street 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 Pacific View Estates, LLC (the "Developer") propose to enter into a Disposition and Development Agreement and Owner Participation Agreement (the "Agreement") pursuant to which the CDC would convey the property located at 1125 East Division Street to the Developer; and WHEREAS, the Developer would construct improvements on the Site consisting of forty-nine (49) single-family detached homes and associated on- and off -site improvements (the "Project"); and WHEREAS, pursuant to the California 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 WHEREAS, pursuant to Section 33445 of the California Community Redevelopment Law, the City Council and CDC have 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, and published in the National City Star News on May 27 and June 3, 2005, in accordance with the requirements of California Health and Safety Code; and Resolution No. 2005 —112 June 7, 2005 Page 2 WHEREAS, the proposed Agreement, and related documents and reports meeting the requirements of the California Health and Safety Code were available for public inspection consistent with the requirements of California Health and Safety Code; and WHEREAS, on June 7, 2005, the City Council and City Council held a Joint Public Hearing on the proposed Agreement and evaluated all of the information, testimony, and evidence presented during the Joint Public Hearing; and, WHEREAS, the City Council has reviewed the documents and reports required pursuant to the California Health and Safety Code and evaluated other information provided to it pertaining to the findings required pursuant to Section 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 is currently underutilized within a residential neighborhood; 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; and WHEREAS, the CDC has prepared a Mitigated Negative Declaration, pursuant to the requirements of the California Environmental Quality Act (CEQA), to evaluate the potential environmental impacts that could occur with the approval and development of the Project; and WHEREAS, all actions required by all applicable laws with respect to the proposed Agreement have 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 under the proposed Agreement. Resolution No. 2005 — 112 June 7, 2005 Page 3 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 City Council hereby finds and determines that the Agreement is consistent with the Implementation Plan for the Redevelopment Plan. Section 5. The CDC Executive Director is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following the adoption by the City Council of this Resolution. Section 6. The Agreement 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 CDC Executive Director. Section 7. The Chairman and Executive Director are hereby 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 7th day of June, 2005. ick zu z , Chairman ATTEST: Mic ael Dalla, ity Clerk APPROVED AS TO FORM: George Eiser, III City Attorney