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HomeMy WebLinkAboutReso 1994-17631RESOLUTION NO. 17631 JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431 AND 33433, AFTER PUBLIC HEARING, THAT THE RESALE OF THE WALMART PARCEL IS EITHER AT FAIR MARKET VALUE OR AT SUCH LESSER PRICE AS IS NECESSARY TO EFFECTUATE THE REDEVELOPMENT PLAN; AND FINDING, PURSUANT TO HEALTH AND SAFETY CODE SECTION 33431, THAT IT IS IN THE BEST INTEREST OF THE PUBLIC, AND THE AGENCY, THAT CERTAIN REAL ESTATE BE SOLD TO REDEVELOPER WALMART PURSUANT TO THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT, AND BE SOLD WITHOUT PUBLIC BID WHEREAS, the Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ("Agency"), is charged with the elimination of blighting influences in the City; and, WHEREAS, in conjunction with its responsibility to eliminate blight, Agency has formed the Town Center II Project Area which Project Area has several non-contiguous parcels, including a 32.5 acre area between 5th and Broadway adjacent to, and south of, the 54 Freeway, more particularly shown on the map attached hereto as Exhibit A, designated "Project Site" thereon; and, WHEREAS, on or about February 1,1994, the Agency had become seriously concerned about the blighting influences located in and around the Project Site; and, WHEREAS, on or about February 1, 1994 the Agency had, by the adoption of Resolution No. 1388 ("Agency Omnibus Resolution"), and the City Council, by the adoption of Resolution No. 17381 ("City Omnibus Resolution") authorized staff to negotiate with a group proposing to redevelop the site consisting of both an owner and non-owner (National Avenue Associates and Gatlin Development Company, both of which entities are predecessor entities to Chula Vista Center Associates, the Developer), and at a time when the only other owner of real property therein (Dixieline) is and was a full participant in the Developer's plan for redevelopment, and to return to the Agency with a recommendation that would cause the redevelopment of the said site and eliminate or retard the blighting influences thereat; and, WHEREAS, staff has developed a plan for the redevelopment of the Project Site which plan involves the sale of the Project Site from its current owners to Chula Vista Center Associates (" Redeveloper); the acquisition from Chula Vista Center Associates by the Agency of one of the parcels consisting of 13.4 acres ("Walmart Parcel") contained therein; and the resale of the Walmart Parcel to Walmart Stores, Incorporated ("Walmart"); and the development of the Project Site by the Redeveloper and Walmart as a retail shopping center for redevelopment purposes, which plan shall herein be referred to as the "Staff Sponsored Plan", or alternatively, especially in an environmental context, the "Project"; and, Resolution No. 17631 Page 2 WHEREAS, the Agency and City had called a joint public meeting for August 23, 1994 between the City Council and the Agency Members for the purpose of studying the Staff Sponsored plan and for certain other purposes; and, WHEREAS, at said meeting, the Agency and City received substantial and convincing evidence that the acquisition of the Walmart Parcel is for a public use, to wit: for the elimination of blight and the redevelopment of the Town Center II Project Area in which the Project Site and the Walmart Site are located; and, WHEREAS, Health and Safety Code Section 33431 permits an Agency to lease or sell property without public bidding but only after a duly noticed public hearing; and, WHEREAS, under the provisions of Health and Safety Code Section 33433, before any property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall first be approved by the City Council after public hearing, duly called, noticed and held in the manner required by law; and, WHEREAS, the Agency and City has considered all of the evidence submitted at the hearing including the staff report which is incorporated herein by reference, and the report on file in the Office of the Executive Director and the City Clerk prepared and filed pursuant to Health and Safety Code Section 33433; and, WHEREAS, at said meeting, the Agency and City further received evidence that the following environmental compliance has occurred: (1) a draft EIR for the Staff Sponsored Plan has been prepared and published; (2) the draft EIR has been submitted for public review and the review period closed on August 10, 1994 which draft EIR has been received and considered by the Council; (3) a public hearing was conducted in the manner required by City policy on August 10, 1994 before the Planning Commission, who voted at that time to close the public review period; (4) public comments were received on the draft EIR but none raised any new and not previously considered environmental impacts; (5) the Final EIR is in the process of publication at this time; (6) the Final EIR will only identify a single, unmitigable impact--air quality; concludes that all other significant impacts identified therein are mitigable to a level of less than significance by feasible mitigation measures which are proposed for adoption therein; and further concludes that as to the Project's impact on air quality, sufficient evidence justifies, in a legally adequate proposed Statement of Overriding Considerations, that the public benefits that are derived from the Project override the adverse environmental impact of the project on air quality; and, WHEREAS, the approvals herein and in implementing documentation is fully conditioned on the Agency complying, in their sole and unfettered discretion, with CEQA, including certifying that the Final EIR was prepared in compliance with CEQA, properly and correctly making the findings required by CEQA, and properly and correctly making the findings required by a Statement of Overriding Considerations; and, WHEREAS, the Final EIR will be heard by the Agency and Council on or before October 30, 1994. Resolution No. 17631 Page 3 NOW, THEREFORE, THE CITY COUNCIL AND FIEDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DO HEFIEBY JOINTLY FIND, RESOLVE AND DETERMINE, AS FOLLOWS: SECTION 1. No persons have any remaining owner participation rights to develop the Project Site. SECTION 2. In order to effectuate the Staff-Sponsored Plan, the acquisition and resale of the Walmart Parcel was necessary and that the public interest and necessity require the proposed Project and the proposed Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury. SECTION 3. The hearing required by the Health and Safety Code Section 33431 and 33433 was duly called, noticed and held in the manner required by law, and all conditions precedent required by law to be performed have been duly performed. SECTION 4. The Section 33433 Report has been prepared, and filed in the Office of the City Clerk and in the Office of the Executive Director, and made available for public inspection and copying, all in the manner required by law. SECTION 5. All protests, if any, to the proposed Project, and the sale of the Walmart Site contemplated therein, were made and received at said public hearing. SECTION 6. The City Council does hereby find that the consideration to be received for the Walmart Site which is the subject matter of the DDA is not less than fair market value in accordance with covenants and conditions governing the sale or lease; and further, if the sale or lease of the designated parcels should be at less than estimated value, determined at the highest use permitted under the plan, such lesser consideration is necessary to effectuate the purposes of the plan. SECTION 7. The City Council does hereby approve the sale of the Walmart parcels in the manner set forth in the DDA. SECTION 8. It is in the best interests of the community, the City and the Agency that the Walmart Site be sold to Walmart Stores, Incorporated, known as document number CO94-283, a copy of which is on file in the office of the City Clerk, without public bid. SECTION 9. That the Disposition and Development Agreement between the Agency, Wal-Mart Stores, Inc,, and Chula Vista Town Center Associates, L.P., dated August, 1994 ("DDA"), known as document number C094-284, Resolution No. 17631 Page 4 a copy of which is on file in the office of the City Clerk, is hereby approved in substantially the form as presented. SECTION 10. The Chairman of the Agency is hereby authorized and directed to execute said DDA, in the form herewith approved or with minor modifications thereto that do not, in the opinion of the Agency General Counsel and the Executive Director, involve any significant increase in cost or risk to the Agency or the City of Chula Vista, which minor modifications have received the advance written approval of the Executive Director and the Agency General Counsel. Approved as to content by Chris Salomone Community Development Director Approved as to for Csty AttorBru~ceM. Bneo~~ga~rd Resolution No. 17631 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of August, 1994, by the following vote: YES: Councilmembers: Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Fox ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: C"'~A.(/~z~uthe~let, City STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) SS. I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17631 was duly passed, approved, and adopted by the City Council at a regular joint City Council/Redevelopment Agency meeting of the Chula Vista City Council held on the 23rd day of August, 1994. Executed this 23rd day of August, 1994.