HomeMy WebLinkAboutReso 1990-15744 RESOLUTION 15744
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A NON-EXCLUSIVE LICENSE TO STORE VARIOUS
PERSONAL PROPERTY ITEMS ON PROPERTY COMMONLY KNOWN AS 965
"F" STREET AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the Redevelopment Agency, through its special counsel, obtained
a Final Order of Condemnation on property located at 965 "F" Street in April
1989; and,
WHEREAS, the property in question has been designated for future
development in the proposed Local Coastal Program; and,
WHEREAS, a hold harmless agreement previously entered into with Mr. James
Cappos allowing temporary use of Agency-owned property has expi red; and,
WHEREAS, Mr. Cappos desires to maintain personal property on subject site
through January 1991; and,
WHEREAS, Sections 2 and 3 of a Non-Exclusive License to store personal
property at 965 "F" Street, attached hereto as though fully set forth herein,
stipulates a consideration of $3,500, retroactive to July 1, 1990; and,
WHEREAS, storage of personal property verified therein is the sole
permitted use under this license; and,
WHEREAS, Mr. Cappos agrees to remove personal property no 1 ater than
January 31, 1991.
WHEREAS, under the provisions of Health and Safety Code Section 33433,
before any property of the Agency requi red 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, although the City Council does not consider that the proposed
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non-exclusive l~cense herein herein contemplated constitutes a isposition of
property for development purposes, but rather a mere accommodation of a prior
property owner in a redevelopmerit project area pending relocation,
nevertheless, the City Council desires to grant a public hearing pursuant to
the provisions of Section 33433 in order to receive public input;
Resolution No. 15744
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
Section 1. That the City Council concurs in the determination of staff
that the proposed transaction is categorically exempt from the operation of
the California Environmental Quality Act, under the Guidelines promulgated by
the Office of Public Resources, Section 15301.
Section 2. That the public report which may, in this case, be required
pursuant to Health and Safety Code Section 33433 ("Section 33433") has been
available for public inspection and copying, all in the manner required by
law, in the office of the Executive Director in the manner and for the time
required by law.
Section 3. That the public hearing which may, in this case, be requried
by Section 33433 has been duly called and noticed in the manner required by
law, that said hearing was duly and properly conducted, and that all protests,
if any, to the licensing of the property in the manner herein contemplated,
were made and received at said public hearing, and no convincing objections to
the proposed transaction were found to exist.
Section 4. The City Council does hereby find that the consideration to
be received for the proposed license is not less than fair market value in
accordance with covenants and conditions governing the license; and further,
if the license of the designated parcel should be at less than estimated
value, determined at the highest use permitted under the pl an, such lesser
consideration is necessary to effectuate the purposes of the plan.
Section 5. The City Council of the City of Chula Vista does hereby
approve Non-Exclusive License of the parcel in the manner set forth in the
propose non-exclusive license agreement, and authorizes the Mayor to execute
same on behalf of the City Council.
Presented by Approved aito fort
t~ ~ ~ Boogaard
Chris~a~l omone
Community Development Di rector City Attorney
Resolution No. 15744
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 2nd day of August, 1990 by the following vote:
AYES: Councilmembers: Malcolm, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Counci lmembers: McCandl i ss
ABSTAIN: Councilmembers: None
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15744 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a joint City Council/Redevelopment Agency meeting held on the
2nd day of August, 1990.
Executed this 2nd day of August, 1990.
~Cerly ~.' Authelet, City Clerk