HomeMy WebLinkAboutCC RESO 2016-120RESOLUTION NO. 2016 — 120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE FINDINGS MADE IN THE SUMMARY REPORT PURSUANT
TO CALIFORNIA GENERAL CODE SECTION 52201 PERTAINING TO THE SALE OF A
1.07-ACRE PARCEL OF VACANT LAND LOCATED AT 1640 EAST PLAZA BOULEVARD
IN NATIONAL CITY TO PALM PLAZA ASSOCIATES, LLC, AND APPROVING
A REAL PROPERTY PURCHASE AND SALE AGREEMENT AND
JOINT ESCROW INSTRUCTIONS FOR SAID VACANT LAND
WHEREAS, the Community Development Commission as the National City
Redevelopment Agency ("Redevelopment Agency") owned that certain real property generally
located at 1640 East Plaza Blvd. (Assessor's Parcel No. 557-410-20) within the City of National
City, County of San Diego, State of California ("Property"); and
WHEREAS, pursuant to California Health and Safety Code Section 34172, the
Redevelopment Agency was dissolved by operation of law as of February 1, 2012, and pursuant
to California Health and Safety Code Section 34173, the Successor Agency to the Community
Development Commission as the National City Redevelopment Agency ("Successor Agency")
became the successor agency and successor -in -interest to the Redevelopment Agency,
confirmed by Resolution No. 2012-15 adopted on January 10, 2012, by the City Council of the
City of National City ("City"); and
WHEREAS, in accordance with California Health and Safety Code Section
34191.5, the Property was listed on Successor Agency's Revised Long Range Property
Management Plan ("Revised LRPMP"), which provides that the Property is to be sold at fair
market value, and the Revised LRPMP has been approved by the Oversight Board of the
Successor Agency ("Oversight Board") and the California Department of Finance ("DOF"); and
WHEREAS, at its regular meeting on May 17, 2016, the City of National City met and
pursuant to Resolution No. 2016-70 accepted the transfer of the Property, among other properties, from
the Successor Agency to the City in accordance with the LRPMP; and
WHEREAS, at its regular meeting on May 17, 2016, the Successor Agency met and
pursuant to Resolution No. 2016-77 approved the transfer of the Property, among other properties, from
the Successor Agency to the City in accordance with the Revised LRPMP; and
WHEREAS, in accordance with the DOF-approved Revised LRPMP, the net
proceeds from the sale of the Property pursuant to the proposed Agreement will be distributed
as property tax to each taxing entity in an amount proportionate to its share of property tax
revenues; and
WHEREAS, Palm Plaza Associates, LLC ("Buyer") has made an offer to
purchase the Property from City at the Property's current "as is" fair market value of $870,000,
and Successor Agency desires to sell the Property to Buyer pursuant to the terms and
conditions of a proposed Real Property Purchase and Sale Agreement and Joint Escrow
Instructions ("Agreement"). A copy of the proposed Agreement has been provided to the City;
and
WHEREAS, at its regular meeting on August 16, 2016, the City met and held a
public hearing in accordance with Section 52201 of the California Government Code to discuss
Resolution No. 2016 — 120
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August 16, 2016
and consider the findings of a Summary Report and to also consider approving the Agreement
and the sale of the Property as provided in the Agreement; and
WHEREAS, a public notice was published in a newspaper of general circulation
on August 1, 2016 and August 8, 2016 providing notification of the public hearing of the City on
August 16, 2016 in compliance with the requirements of Section 52201 of the California
Government Code; and
WHEREAS, approval of the property transfer is not a "Project" under section
15378 of the California Environmental Quality Act ("CEQA") guidelines because the proposed
action consists of administrative activity that will not result in direct or indirect physical changes
to the environment and, as such, pursuant to section 15061(b)(5) of the CEQA Guidelines is not
subject to CEQA; and, the underlying project is exempt from CEQA for two reasons: 1) it
requires only ministerial approval by the City (Public Resources Code section 21080(b)(1) and
Guidelines 15268), and 2) it is an urban infill project (Guidelines section 15332).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City
as follows:
SECTION 1. The Recitals set forth above are true and correct and are incorporated
into this Resolution by reference.
SECTION 2. The City finds, based on facts contained in the Summary Report prepared
pursuant to Section 52201 of the California Government Code, the property will assist in the
creation of economic opportunity and that consideration for the Property is not less than fair
market value at its highest and best use; and the City accepts the findings of the Summary
Report.
SECTION 3. The City hereby approves of the terms of the Agreement.
SECTION 4. The City hereby approves of, and directs the sale and conveyance of the
Property from the City to the Buyer in accordance with the terms and conditions set forth in the
Agreement.
SECTION 5. The City hereby approves the Agreement and authorizes the Mayor to
execute the Agreement; and delegates to the City Manager or her designee authority to execute
any other documents necessary to carry out the sale of the Property, and to take all actions and
sign any and all documents necessary to implement and effectuate the Agreement and the
actions approved by this Resolution as determined necessary by the City Manager, or her
designee, to execute all documents on behalf of the City (including, without limitation, a grant
deed), and to administer the City's obligations, responsibilities and duties to be performed
pursuant to this Resolution and the Agreement.
SECTION 6. If any provision of this Resolution or the application of any such provision
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
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August 16, 2016
application, and to this end, the provisions of this Resolution are severable. The City declares
that it would have adopted this Resolution irrespective of the invalidity of any particular portion
of this Resolution.
PASSED and ADOPTED this 16th day of August, 2
Morrison, Mayor
ATTEST:
4,
Michael R. Dalla, ity Clerk
AP' ' OVED AS TO FORM:
1,irt 7k, 6:
:ia Ga itu- Sily�
City Attorn
Passed and adopted by the Council of the City of National City, California, on August
16, 2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Rios, Sotelo-Solis.
Nays: Councilmember Mendivil.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City yfl
C erk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-120 of the City of National City, California, passed and
adopted by the Council of said City on August 16, 2016.
City Clerk of the City of National City, California
By:
Deputy