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HomeMy WebLinkAbout99-046 CC ResolutionRESOLUTION NO. 99-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND DUAL DEVELOPMENT, INC., DATED AS OF JUNE 8, 1999 FOR THE REDEVELOPMENT OF CERTAIN PROPERTY WITHIN REDEVELOPMENT PROJECT NO. 1--1988 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On June 15, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. c. The project proposed by Dual Development ("Developer'') pertains to property located at 28464 Old Town Front Street in the City of Temecula ("Site"), which is within the Project Area. The Agency and Developer have negotiated this the DDA in order to facilitate the project and assist in the implementation of the Plan. d. Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, the Agency duly noticed and held a joint public hearing before the Board of Directors of the Redevelopment Agency of the City of Temecula and the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer (hereafter "DDA" or "Agreement"). e. Pursuant to Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement has been prepared. This report contains the information required by Section 33433, and has been prepared within the time limit set forth therein and made available for public review from the date of the first publication of the notice of public hearing. Resos\99-46 1 f. The sale of the Site as proposed by the Disposition and Development Agreement is at less than fair market value based on Agency appraisals and analysis but is at the fair reused value as required by law. Therefore, the Agency Board specif- ically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sale price is not less than the fair reuse value of the Site; and (2) said difference is necessary to effectuate the provisions of the Plan, and the difference in value is necessary to strengthen occupancy and use of vacant and underutilized properties, retain new shopping and services within the Project Area, encourage the strengthening of property values and investment, and improve the social and economic climate in the Project Area. g. The Agency and the City shall recoup the difference in value and fair reuse value by increasing tax increment revenues and sales tax revenues due to and directly attributable to this agreement. h. The development of the Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that continuation of project on the Site in an economically viable condition would continue the benefits of the project to the Project Area as originally envisioned by the Agency and would: (1) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Plan and the Old Town Specific Plan; (2) strengthen occupancy and use of vacant and underutilized properties in the Project Area; (3) retain new shopping and services within the Project Area; (4) encourage the strengthening of property values and investment; and (5) improve the social and economic climate in the Project Area. i. The Agreement is consistent with the Implementation Plan adopted by the Agency. j. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into this Disposition and Development Agreement. k. The City Council has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and 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. I. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The City Council of the City of Temecula hereby further finds, determines and declares that: a. The Agreement approved by this Resolution does not have the potential for resulting in a direct change in the physical environment and is, therefore not a project within the meaning of 14 Cal. Admin. Code Section 15378. The Agreement provides for the sale and finandng of an existing building on the Site to the current lessee of the building and further requires that the current use of the Site be continued until the Resos\99-46 2 Agency's loan to the Developer is fully repaid. Some minor improvements will be made to the Site with Agency assistance but such improvements are otherwise exempt from CEQA under the exemption contained in 14 Cal. Admin. Code Section 15301. b. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Specific Plan. Moreover, the Agency action in March 1997 approving the lease and construction of the facility on the Site were reviewed in accordance with these provisions. Since the preparation and certification of that Envi- ronmental Impact Report, subsequent changes have not been proposed in the subject project or in the Plan and Specific Plan which will require important revisions of the previous EIRs due to the involvement of new significant environmental impacts which were not considered in the previous EIRs. Additionally, substantial changes have not occurred with respect to the circumstances under which the project has been under- taken which would require important provisions in the previous EIRs due to the involve- ment of significant environmental impacts not covered in the previous EIRs. Finally, no new information of substantial importance to the Project Area and the Specific Plan and the Environmental Impact Reports prepared for them has become available. Moreover, the mitigation measures proposed as part of the Environmental Impact Reports for the Plan and the Specific Plan have been included, where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concerns raised in the Environmental Impact Reports for the Plan and Specific Plan. Therefore, pursuant to the provisions of CEQA and, specifically, 14 CaI.Admin. 15162 and 15180, a subsequent Environmental Impact Report for the subject project is not required. c. The Board directs the Executive Director to file a Notice of Exemption with the County Clerk of the County of Riverside forthwith. Section 3. The City Council of the City of Temecula hereby approves that certain Disposition and Development Agreement entitled "Disposition and Development Agreement Between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and Dual Development, Inc." dated as of June 8, 1999, and authorizes the Agency to approve said Agreement in substantially the form submitted herewith, with such changes mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement as have been submitted herewith. Section 4. The City Council hereby approves the conveyance of the Property and the Easement, as described in Attachment No. 3 to the DDA, to the Redevelopment Agency of the City of Temecula pursuant to the authority of Health and Safety Code Sections 33220 and 33391, approves such cooperative agreements with the Agency as are necessary to effectuate the conveyance, and authorizes the City Manager to enter into such cooperative agreements with the Agency. Section 5. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the terms of this Resolution and to administer the Agency's obligations, responsibilities and duties to be performed under this Resolution and related documents, including but not limited to, escrow instructions, certificates of acceptance, and implementing agreements. Resos\99-46 3 Section 6. The City Clerk shall certify the adoption of this Resolution. ATTEST: PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 8th day of June, 1999. .nJ.F~or,Mayor [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-46 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Ford NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Sus W Jc (~ CCleMrkC Resos\99-46 4