HomeMy WebLinkAboutCC Reso No 2011-013 City Council ResoRESOLUTION NO. 2011-013
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING THE SALE OF REAL
PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE PURSUANT TO THAT CERTAIN DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
AND POTTERY COURT HOUSING ASSOCIATES, L.P AS
AMENDED PURSUANT TO THE FIRST AMENDMENT AND
SECOND AMENDMENT THERETO.
WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ("Agency")
is engaged in activities necessary to execute and implement the Amended and
Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No.
I ('Redevelopment Plan"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency has
agreed to sell the real property, comprising the "Site" as defined in, and pursuant to the
terms and provisions of a certain Disposition and Development Agreement,
("Agreement') and the First Amendment to the Disposition and Development Agreement
("First Amendment'), by and between the Agency and Pottery Court Housing
Associates, L.P. ("Developer"); and
WHEREAS, in order to implement the Redevelopment Plan, the Agency
proposes to provide assistance pursuant to the terms and provisions of a certain
Second Amendment to the Disposition and Development Agreement, ("Second
Amendment'), by and between the Agency and Developer; and
WHEREAS, the Agreement, First Amendment and Second Amendment
comprise the "Amended Agreement; and
WHEREAS, the proposed Amended Agreement contains all the provisions,
terms, conditions and obligations required by State and local law; and
WHEREAS, the Agency has prepared, and the City Council has reviewed and
considered, a summary report setting forth the cost of the Amended Agreement to the
Agency and including the sale of the Site to the Developer and has made said summary
report available for public inspection in accordance with the California Community
Redevelopment Law (Health and Safety Code Sections 33000 et seq.); and
WHEREAS, pursuant to provisions of California Community Redevelopment
Law, the Agency and the City Council have noticed and held a duly noticed joint public
hearing on the proposed Project and on the proposed Amended Agreement; and
CITY COUNCIL RESOLUTION NO. 2011- 013
PAGE 2 OF 3
WHEREAS, in accordance with the California Environmental Quality Act
(California Public Resources Code Section 21000 et seq.: "CEQA" the State CEQA
Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA
Guidelines"), the City Council has previously found that the Project is categorically
exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical
exemption for in-fill development projects pursuant to Resolution 2009-26; and
WHEREAS, the City Council has considered all terms and conditions of the
proposed Amended Agreement, and has determined that the sale of the Site pursuant
to the proposed Agreement is in the best interests of the City and in accord with the
public purposes and provisions of applicable State and local laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the Agency's
decision to sell the Site pursuant to the Amended Agreement will assist in effectuating
the purposes of the Redevelopment Plan.
SECTION 2. The City Council hereby finds that the sale of the Site and
development of the Project in accordance with the Amended Agreement will assist in
the elimination of blight and the production of affordable housing and that the
consideration to be paid by the Developer in accordance with the terms and provisions
of the Amended Agreement is not less than the fair market value of the Site.
SECTION 3. The City Council hereby finds that the sale of the Site pursuant to
the Amended Agreement complies with the Implementation Plan adopted for this
Redevelopment Project Area pursuant to Section 33490 of the Community
Redevelopment Law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 8th of r 7ry,, 2011.
TA, MAYOR
CITY OF LAKE ELSINORE
A TEST: n
RGINI . BL CITY CLERK
AP ROVED AS T"OR
ARA LEIB LD, CITY ATTORNEY
CITY COUNCIL RESOLUTION NO. 2011- 013
PAGE 3 OF 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE ) SS
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2011- 013 was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 8th day of February 2011,
and that the same was adopted by the following vote:
AYES: COUNCIL MEMBERS: HICKMAN, MELENDEZ, TISDALE,
MAYOR PRO TEM MAGEE AND MAYOR BHUTTA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
VIRGIN J. BL M
CITY CLERK