HomeMy WebLinkAbout09_083 CC ResolutionRESOLUTION NO. 09-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A "PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS" BETWEEN THE
TEMECULA REDEVELOPMENT AGENCY AND TEMECULA
WATER PARK, LP, FOR THE SALE OF APPROXIMATELY 19.7
ACRES AT THE NORTHWEST CORNER OF DIAZ ROAD AND
DENDY PARKWAY (APN: 909-370-002)
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 "Redevelopment 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 Redevelopment 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 Redevelopment 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
Redevelopment Plan as of July 1, 1991.
C. The proposed Purchase and Sale Agreement ("Agreement')
between the Agency and Temecula Water Park, LP, a California limited
partnership ('Buyer") provides for the sale of approximately 19.7 acres of land
owned by the Agency northwesterly of the intersection of Diaz Road and Dendy
Parkway, APN 909-370-002, in the City of Temecula (the Property"). The sale
price will be $6,700,000 with a $900,000 hold back for certain designated soils
work.
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D. The proposed Agreement is intended to effectuate the
Redevelopment Plan, by selling the Property to the Buyer for development of
uses allowed by the City's General Plan, Development Code and the
Redevelopment Plan. Proceeds from the sale of the Property will be placed into
the Agency's Low and Moderate Income Housing Funds (sometimes referred to
as the "Housing Set-Aside Fund") for future development of affordable housing in
the Project Area and the Community.
E. Despite significant efforts, the Agency has been unable to develop
an affordable housing project on the Property and, due to physical and market
conditions, does not expect to be able to do so for at least five years. Therefore,
pursuant to the provisions of Health and Safety Code Section 33334.16, the
Agency will sell the Property at fair market value and deposit the proceeds of the
sale, less costs of the sale, into the Agency's Low and Moderate Income Housing
Fund for increasing, improving and preserving the supply of low and moderate
income housing in other areas of the Project Area and City where physical and
market conditions will support affordable housing projects. As such, the
Agreement will also assist the Agency and 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.
' F. Pursuant to the provisions of Health & Safety Code Section 33433,
on September 22, 2009 the Board of Directors of the Redevelopment Agency of
the City of Temecula and the City Council of the City of Temecula held a duly
noticed joint public hearing concerning the approval of the proposed Agreement
at which time the Council and Agency considered the report prepared pursuant to
Section 33433 and the written and oral comments from the public.
G. Pursuant to the provisions of Health & Safety Code Section
33433(b)(1) the purchase price for the sale of the Property to the Buyer is not
less than the fair market value of the Property at its highest and best use in
accordance with the Redevelopment Plan.
H. The Agreement is consistent with the Redevelopment Plan and the
Implementation Plan adopted by the Agency for the Project Area.
The Agreement is consistent with the City's General Plan.
J. The City Council has duly considered all terms and conditions of
the proposed Agreement and believes that the 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.
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' K. The 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
Redevelopment Plan and is intended to be a contract within the meaning of
Government Code Section 53511.
Section 2. The Council finds, determines and declares that no environmental
review of the Agreement is required because the Agreement is not a "project" within the
meaning of the California Environmental Quality Act ("CEQA") and specifically Section
15378 of the State CEQA Guidelines.
A. The Agreement does not approve or commit the Agency to any
specific project that will affect the environment. The Buyer would be allowed to
develop any project that would comply with the applicable land use requirements
for the Property set forth in the General Plan, zoning ordinance and the
Redevelopment Plan.
B. Approval of the Agreement creates funding for the Agency's
Agency's Low and Moderate Income Housing Fund but without any commitment
to particular projects within the City of Temecula.
C. Even if one assumes the Agreement is a project, the Agreement
would be exempt from CEQA under Section 15312 of the CEQA Guidelines
' because it is a sale of surplus government land that is not located in an area of
statewide, regional or areawide concern as the as does not commit the Property
to any particular development.
D. Any specific projects proposed by the Buyer of the Property would
require the Buyer to comply with the requirements of CEQA as part of the land
use entitlement process for any such project. Any project receiving assistance
from the Agency with funds from the Agency's Low and Moderate Income
Housing Fund would be required to comply with the provisions of CEQA.
Section 3. The City Council hereby terminates that certain agreement entitled
"Development Agreement dated July 12, 2005 By and Between The City of Temecula,
City, and AGK Group, LLC, Owner." AGK Group did not perfect its purchase of the
Property pursuant to that certain "Disposition and Development Agreement" between
AGK Group and the Agency, dated as of March 16, 2004, as amended AGK Group has
no interests in the Property. The City Manager is hereby authorized to executed on
behalf of the City any notices or documents necessary and convenient to effectuate this
termination and to clear title.
Section 4. The City Council hereby approves the proposed Purchase and Sale
Agreement between the Agency and Temecula Water Park, LP, a California limited
partnership and consents to the Agency entering into said Agreement.
I Section 5. 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 22nd day of September, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan ones, MMC
City CI rk
[SEAL]
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' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-83 was duly and regular adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22" day of September, 2009, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
City Clerk
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