Loading...
HomeMy WebLinkAbout2004 05-18 CC AGENDA PKT (2)AGENDA OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY Tuesday, May 18, 2004 at 3:00 p.m. City Council Chambers 1243 National City Boulevard National City, CA 91950 BUSINESS ROLL CALL 1. PUBLIC HEARING: JOINT CITY COUNCIL AND CDC PUBIC HEARING REGARDING THE SALE OF REAL PROPERTY TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE. 2. RESOLUTION NO. 2004- 78: APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE PUBLIC ORAL COMMUNICATIONS ADJOURNMENT Next Regular Meeting of the City Council — Tuesday— May 18, 2004 - 6:00 pm — Council Chambers — Civic Center Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 3364228 to request a disability -related modification or accomrr,cnlation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. MEETING DATE: May 18, 2004 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING: JOINT CITY COUNCIL AND CDC PUBLIC HEARING REGARDING THE SALE OF REAL PROPERTY TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOP- MENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVE- NUE Pr---------‘ PREPARED BY: Benjamin Martinez DEPARTMENT Community Development Commission Executive Director EXPLANATION: A Public Hearing by the legislative body (City Council) is required before any property acquired by the Community Development Commission (CDC) with tax increment funds is sold for a redevelopment pur- pose. This joint public hearing complies with the requirements of the California Community Redevelop- ment Law Health and Safety Code Section 33433. A Summary Report was completed in accordance with this code section pertaining to the fair reuse value of the property. The Summary Report was made available for public review prior to today's public hearing and public notices were published in compli- ance with the above code section as well. This is the time and place for the Joint Public Hearing. A resolution approving the sale of the property to Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation is pro- vided later in this agenda. Environmental Review X N/A Financial Statement The CDC will receive $2,752,992 for the sale of the 6.32 acre parcel located on the southeast corner of Bay Marina Drive and Harrison Avenue. This translates into a purchase price of $10 per square foot. STAFF RECOMMENDATION Hold the public hearing as required by Community Redevelopment Law Health and Safety Code Sec- -tion 33433 BOARD/COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Notice of Joint Public Hearing INFORMATION News Construction Finance Governmen Law Reat Estate Technology Hospitality Commentary RESOURCES Online Plan Room Attorney Directory San Diego SourceBook World Newspapers Active Living RESEARCH Site Index Public Notices Source Sales Tools Special Reports Classifieds Water COMMUNITY Locales Landmarks Arts and Entertainmen Events Movies Restaurants Hotels Weather Traffic SEARCH 1 Enter Keywords orSourceCode Friday, May 14_20 PUBLIC NOTICES PUBLISHED IN THE DAILY TRANSCRIPT Advertised public notices, printed in a newspaper of general circulation, are required by California law. Within the individual category, notices are arranged by print publish day in reverse chronological order. 501 Miscellaneous Notices PUBLISHED: Friday May 14, 2004 NOTICE OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND JOINT PUBLIC HEARING WITH THE COMMUNITY DEVELOPMENT COMMISSION NOTICE IS HEREBY GIVEN that on Tuesday, May 18, 2004, at 3:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of National City will hold a Special Meeting for a Joint Public Hearing with the Community Development Commission of the City of National City in the National City Council Chambers located at 1243 National City Boulevard, National City, California to consider the following: TO PROVIDE FOR PUBLIC COMMENT, IN ACCORDANCE WITH SECTIONS 33433 AND 33445 OF THE STATE HEALTH & SAFETY CODE, REGARDING THE PROPOSED TERMS AND CONDITIONS FOR THE SALE OF LAND PROPOSED IN A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND MARINA GATEWAY DEVELOPMENT COMPANY, LLC FOR REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE. SAID LAND, CONSISTING OF APPROXIMATELY 6.4 ACRES, IS PROPOSED TO BE CONSTRUCTED WITH A 150 ROOM 3-STAR HOTEL WITH A 4,000 SQUARE FOOT RESTAURANT AND A 8,000 SQUARE FOOT OFFICE/COMMERCIAL BUILDING. A copy of the proposed Disposition and Development Agreement, a Summary Report Pertaining to the Sale of Real Property Pursuant to the proposed Agreement, as well as other documentation required by Section 33445 of the State Health & Safety Code are on file for public review at the Community Development Commission office located at 140 East 12th Street, Suite B, National City, California, 91950. Further information can be obtained by contacting the Office of the CDC at (619) 336-4250. The purpose of the joint public hearing is to receive testimony from the public regarding the proposed disposition and development of property as set forth in the proposed Disposition and Development Agreement. All interested parties are invited and encouraged to attend said meeting and express their opinions for or against this item. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the joint public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the joint public hearing. Furthermore, you must exhaust any administrative remedies prior to commencing a court challenge to City Council or Community Development Commission action. DATED: May 4, 2004 Benjamin Martinez, Executive Director Pub. May 7,14-k111366 MEETING DATE: May 18, 2004 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. ITEM TITLE: RESOLUTION NO. 2004— 78 : APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION TO MARINA GATEWAY DEVEL- OPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE PREPARED BY: Benjamin Martinez Executive Director EXPLANATION: DEPARTMENT Community Development Commission A copy of the Summary Report pertaining to Section 33433 is included with the agenda item relative to the Joint Public Hearing held this date on this subject. The Summary Report concludes that the Fair Market Value of the property for sale to Marina Gateway Development Company, LLC and Sycuan Tribal Development Corporation is fair market. State Law requires that the Commission make one of the following findings: a) The consideration is not Tess than the fair market value at its highest and best use in accordance with the Plan; or, b) The consideration is not less than the fair reuse value at the use and with the covenants, condi- tions and development costs authorized by the sale or lease. The Resolution makes the finding related in a) above. A Disposition & Development Agreement (DDA) also subject to Public Hearing will be required prior to the actual sale of the property. This item will be considered on the CDC Agenda following ap- proval of this resolution. r Environmental Review X N/A Financial Statement The CDC will receive $2,752,992 for the 6.32 acre parcel located on the southeast corner of Bay Ma- rina Drive and Harrison Avenue. Additional financial details are provided in CDC Agenda. t ♦ l STAFF RECOMMENDATION Approve above -subject resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution 2004-78 Resolution No. RESOLUTION NO. 2004 — 78 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 less than fair reuse value in accordance with the covenants and conditions governing the sale and development costs thereof; and Resolution No. 2004 — 78 May 18, 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, and May 18, 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 less 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 — 78 May 18, 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 — 78 May 18, 2004 Page Four PASSED and ADOPTED this 18th day of May, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NOTICE OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY Tuesday, May 18, 2004 at 3:00 p.m. Community Development Commission Meeting City Council Chambers 1243 National City Boulevard National City, CA 91950 — Notice is hereby given that the City Council of the City of National City will hold a Special Meeting on Tuesday, May 18, 2004 at 3:00 p.m., for a Joint Public Hearing with the Community Development Commission Meeting in the City Council Chambers, 1243 National City Boulevard, National City, California 91950. The business to be transacted will be: 1. PUBLIC HEARING: JOINT CITY COUNCIL AND CDC PUBIC HEARING REGARDING THE SALE OF REAL PROPERTY TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE. 2. RESOLUTION NO. 2004-78: APPROVING THE SALE OF REAL PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION TO MARINA GATEWAY DEVELOPMENT COMPANY, LLC AND SYCUAN TRIBAL DEVELOPMENT CORPORATION LOCATED ON THE SOUTHEAST CORNER OF BAY MARINA DRIVE AND HARRISON AVENUE Dated this 14th day of May 2004.