HomeMy WebLinkAbout04-031 CC Resolution
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RESOLUTION NO. 04.31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DISPOSTION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AND AGK GROUP, LLC, FOR THE TEMECUAL EDUCATIONAL
COMPLEX
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 ("CRL"), 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. 1988-1" (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 April 9, 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 Disposition and Development Agreement ("Agreement")
approved by this Resolution is intended to effectuate the Redevelopment Plan for the
Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain
real property and providing financial assistance to be used by the Developer to develop
the Temecula Educational Complex. The proposed Temecula Educational Complex will
be built on a 31.1 acre site located southwesterly of the intersection of Diaz Road and
Cherry Street within the Project Area and will consist of the following components
subject to the terms of the proposed Disposition and Development Agreement and City
approvals: (1) Conference center; (2) two college educational classroom buildings
(termed educational towers); (3) central five- story signature tower; (4) amphitheater; (5)
support commercial facilities, including day care and retail uses; (6) possible
professional and research office space; (7) multi-family housing; and (8) parking areas
to support all of the above described uses(collectively the "Project"). The multi-family
housing will consist of 273 units of which 50 will be affordable to persons and families of
very low income as defined in Section 50105 of the California Health and Safety Code
(i.e. to families earning up to 50% of Riverside median income).
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D. The Agreement is also intended to effectuate the objectives of the Agency
and the City of Temecula (the "City") in complying with their obligation to provide low and
moderate income housing pursuant to the Health and Safety Code of California and the
goals of the City's Housing Element to the Temecula General Plan. The Developer's
development of the Project and the fulfillment generally of this Agreement are in the best
interest of the City and the welfare of its residents, and in accordance with the public
purposes and provisions of applicable federal, state, and local laws and requirements.
E. Pursuant to the provisions of Health & Safety Code Sections 33430,
33431 and 33433, on February 24, 2004 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.
F. Pursuant to the requirements of Health & Safety Code Section 33433, a
comprehensive report summarizing and analyzing the proposed Disposition and
Development Agreement. The report specifically 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.
G. The conveyance of the property as proposed by the Disposition and
Development Agreement is at a price which is not less than fair market based on the
Agency's real estate appraisal and analysis.
H. The development of the Project as required by the Agreement will assist
in the elimination of blight in the Project Area as identified in the proceedings establish-
ing the Project Area in that development of Project on the Site will: (1) Facilitate land
development which will result in employment opportunities and an expanded tax base;
(2) facilitate the development or educational facilities which will assist in providing
educational opportunities and job training to residents and workers in the in the Project
Area and the City of Temecula; (3) consolidate irregular and substandard properties into
a site appropriate for development; (4) encourage and provide for development of vacant
properties in accordance with the Plan; (5) create a mixed use environment to reduce
vehicle trips by locating the educational facility in conjunction with residential, retail and
day care opportunities; and (6) preserve, improve, and expand housing opportunities for
low and moderate income residents.
I. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area adopted by the
Agency.
J. The redevelopment of the Project site as provided in the Agreement and
is consistent with the City's General Plan.
K. The Agency is specifically authorized by Health & Safety Code Sections
33430, 33431 and 33433, and other applicable law, to enter into the Disposition and
Development Agreement.
L. The Agency Board and City Council have duly considered all terms and
conditions of the proposed Agreement and believes that such agreement is in the best
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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.
M. Following consideration of the entire record of information received at the
public hearings before the Agency and City Council, and due consideration of the
proposed Project, the Redevelopment Agency adopted Resolution No. 04-_,
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE
CITY OF TEMECULA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
PREPARED FOR THE TEMECULA EDUCATIONAL COMPLEX PROJECT, THE
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND
AGK GROUP, LLC. FOR THE DEVELOPMENT OF THE TEMECULA EDUCATIONAL
COMPLEX, AND RELATED ACTIONS, AND ADOPTING THE FINDING PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION
THEREWITH FOR THE TEMECULA EDUCATIONAL COMPLEX TO BE DEVELOPED
ON APPROXIMATELY 31.1 ACRES OF PROPERTY SOUTHWESTERLY OF THE
INTERSECTION OF DIAZ ROAD AND CHERRY STREET." The Final Environmental
Impact Report (FEIR) and mitigation monitoring reporting program accurately addresses
the impacts associated with the approval of the Temecula Educational Complex, the
Disposition and Development Agreement, and adoption of this Resolution.
N. 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. Section 33334.2, et seq. of the CRL authorizes and directs the Agency to
expend a certain percentage of all taxes which are allocated to the Agency pursuant to
the CRL Section 33670 for the purposes of increasing, improving and preserving the
community's supply of housing available at affordable housing costs to persons and
families of low to moderate income, including lower income and very low income
households.
B. Pursuant to the CRL, the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund").
C. Pursuant to the CRL Section 33334.2(e), in carrying out its affordable
housing activities, the Agency is authorized to provide subsidies to or for the benefit of
very low and lower income households, or persons and families of low or moderate
income to the extent those households cannot obtain housing at affordable costs on the
open market.
D. Developer proposes, with the assistance of the Agency, to develop the
Project and upon completion to make available for the longest feasible period of time all
of the housing units in the Project at affordable rents to very low income households.
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E. Pursuant to Sections 33132, 33133, and 33600 of the CRL, the Agency
may accept financial or other assistance from any public or private source, for the
Agency's activities, powers, and duties, and expend any funds so received for any of the
purposes of the CRL.
F. The expenditures from the Housing Fund as contemplated by the
Agreement approved by this Resolution will directly and specifically increase, improve,
and preserve the community's supply of very low income housing within the meaning of
Health and Safety Code Section 33334.2 and will be of benefit to the Project Area by
providing new housing which restricted so as to be affordable for occupancy by very low
income households.
G. The California Legislature declares in Health and Safety Code Section
37000, et seq., that new forms of cooperation with the private sector, such as leased
housing, disposition of real property acquired through redevelopment, development
approvals, and other forms of housing assistance may involve close participation with
the private sector in meeting housing needs, without amounting to development,
construction or acquisition of low rent housing projects as contemplated under Article
XXXIV of the State Constitution and that the Agreement approved hereby is not subject
to the provisions of said Article XXXIV.
Section 3. While the Agency determines that participation in the feasibility analysis,
financing, and development of the Project does not constitute development, construction or
acquisition of a low-rent housing project within the meaning of Article XXXIV of the State
Constitution, this Resolution is hereby deemed to constitute approval within the meaning of
Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance
benefiting persons of low income.
Section 4. The City Council concurs in the finding that the lien of the covenants
required pursuant to the Agreement may be subordinated to financing for the Project because
an economically feasible alternative method of financing the Project on substantially comparable
terms and conditions, but without subordination, is not reasonably available.
Section 5. The City Council of the City of Temecula hereby consents to the Agency
approval that certain agreement entitled "Disposition and Development Agreement" by and
Between Temecula Redevelopment Agency and AGK Group, LLC, a California Limited Liability
Company, and the agreements referred to therein, with such changes in such document as may
be mutually agreed upon by the Developer and the Agency Executive Director as are in
substantial conformance with the form of such Agreement which is on file in the Office of the
Agency Secretary.
Section 7.
The City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this
16th day of March, 2004.
~TrEST:
, Mayor
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan Jones, CMC, City Clerk of the City Council of the City of Temecula, do hereby
certify that the Resolution No. 04-31 was duly and regularly adopted by the City Council of the
City of Temecula at a regular meeting thereof, held on March 16th, 2004, by the following vote,
to wit:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: Comerchero, Roberts, Stone, Washingtn, Naggar
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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