HomeMy WebLinkAboutCC RESO 2005 - 184NOT ADOPTED
RESOLUTION NO. 2005-184
A "RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING THE
HEALTH AND SAFETY CODE SECTION 33433 REPORT,
APPROVING THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE COMMUNITY
DEVELOPMENT COMMISSION AND MOSSY NISSAN,
INCORPORATED, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH."
This Resolution was not adopted at the
City Council Meeting of August 23, 2005.
DATE: October 26, 2005
Midhael R. Daly, CMC
City Clerk of the
City of National City
—No-f 14d0p#d--
RESOLUTION NO. 2005 — 184
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING THE
HEALTH AND SAFETY CODE SECTION 33433 REPORT,
APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
AND MOSSY NISSAN, INCORPORATED, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Community Development Commission of National City
("CDC") is a public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code Section 33000 et seq.); and
WHEREAS, on June 20, 1995, pursuant to Resolution No. 95-98, the City
Council of the City of National City (the "City" or "City Council") certified the completion of a
Final Environmental Impact Report ("EIR") for the Redevelopment Plan for the National City
Redevelopment Project; and
WHEREAS, pursuant to the Community Redevelopment Law, on July 18,
1995, pursuant to Ordinance No. 95-2095 the City Council approved and adopted the
Redevelopment Plan for the National City Redevelopment Project; and
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 "Redevelopment Project"); and
WHEREAS, the Implementation Plan adopted by the CDC with respect to the
Redevelopment Project 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, in furtherance of the objectives of the Community
Redevelopment Law, the CDC desires the redevelopment of certain real property within the
Redevelopment Project Area, located at 2626 through 2700 National City Boulevard, for a
new car dealership; and
WHEREAS, the development contemplated is consistent with the EIR for the
Redevelopment Plan for the National City Redevelopment Project, and therefore is exempt
from further California Environmental Quality Act ("CEQA") review under Section 15180 of
the CEQA Guidelines; and
WHEREAS, the Dailey Family Partnership owns in fee the real property
commonly known as 2626 through 2700 National City Boulevard (the "Site"); and
WHEREAS, Mossy Nissan, Inc., a California corporation ("Mossy"), is
currently the lessee of the Site and desires to purchase the Site in order to construct a new
car dealership; and
Resolution 2005 — 184
August 23, 2005
Page 2
WHEREAS, CDC staff has negotiated a Disposition and Development
Agreement including attachments thereto (collectively, the "DDA") with Mossy for the CDC's
disposition of the Site to Mossy, if necessary, and subject to the discretion of the CDC; and
WHEREAS, pursuant to the terms of the DDA, Mossy shall construct a $3
Million ($3,000,000) new car dealership on the Site; and
WHEREAS, CDC staff has presented the draft DDA to the CDC Board and
City Council for consideration; and
WHEREAS, the Community Redevelopment Law, at Health and Safety Code
Section 33433, requires that (i) the CDC prepare a Summary Report concerning the CDC's
proposed disposition of the Site as set forth in the DDA, (ii) the CDC Board and the City
Council conduct a noticed joint public hearing with respect to the DDA, and (iii) the approval
of the DDA be set forth in a resolution making certain findings and determinations as set
forth herein below; and
WHEREAS, pursuant to the requirements of Section 33433 of the Community
Redevelopment Law, a Summary Report for the DDA has been prepared by the CDC's
economic consultant Keyser Marston Associates, Inc.; and
WHEREAS, a joint public hearing of the CDC Board and City Council has
been noticed and conducted in accordance with applicable requirements of law; and
WHEREAS, at the joint public hearing the CDC and the City Council each
considered all of the information, testimony, and evidence presented, including but not
limited to the draft DDA, in the form presented by CDC staff concurrent with consideration of
the Resolution, the CDC staff report, the Summary Report, and the oral and written
testimony received from persons wishing to appear and be heard concerning the proposed
DDA.
NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY HEREBY
RESOLVES AS FOLLOWS:
1. Based on all the information, testimony, and evidence presented at the joint
public hearing, including but not limited to the draft DDA and the information and evidence
set forth in the CDC staff report, the Summary Report, and the oral and written testimony
received, the City Council finds and determines as follows:
herein.
a. That the above Recitals are true and correct and are incorporated
b. That the DDA effectuates the purposes of the Community
Redevelopment Law (Health & Safety Code Section 33000 et seq.), and of the
Redevelopment Plan, and is in the best interests of the citizens of National City.
Resolution 2005 — 184
August 23, 2005
Page 3
c. That the CDC's disposition of the Site pursuant to the DDA will assist
in the elimination of blight.
d. That the CDC's disposition of the Site pursuant to the DDA is
consistent with the Redevelopment Plan and the National City General Plan.
e. That the DDA is consistent with the Implementation Plan for the
Redevelopment Plan.
f. That any consideration Mossy will pay for the Site is not less than the
fair market value or the fair reuse value of the Site at the use and with the covenants and
conditions and development costs authorized by the disposition.
2. That the Summary Report for the DDA required by Health and Safety Code
Section 33433 is hereby approved.
3. The DDA, a true and correct copy of which is on file with the City Clerk/CDC
Secretary, is hereby approved.
4. The City Council consents to (i) the authorization and direction given by the
CDC to its Executive Director and CDC Counsel to make final modifications to the DDA that
are consistent with the substantive terms of the DDA approved hereby, (ii) the authorization
and direction given to the CDC Chairperson to thereafter sign the DDA on behalf of the
CDC, and (iii) the authorization and direction given by the CDC to their Executive Director to
take such other and further actions as may be necessary and proper to carry out the terms
of the DDA and the purpose of this Resolution, including but not limited to signing such
other and further documents, including the documents attached as exhibits to the DDA.
5. The Executive Director of the CDC is directed to file a Notice of Exemption
with the County Clerk confirming the project is exempt from further CEQA review.
PASSED AND ADOPTED this 23rd day of August, 2005.
ATTEST:
Michael Dalla, City Clerk
Nick Inzunza, Mayor
APPROVED AS TO FORM:
George H. iser, III
City Attorney