HomeMy WebLinkAboutCC Reso No 1993-29RESOLUTION N0. 93-29
,.A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF liAKE ELSINORE CONCERNING A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND AMONG THE LAKE
ELSINORE REDEVELOPMENT AGENCY, THE CITY OF
LAKE ELSINORE, AND EASTLAKE COMMUNITY BUILDERS
(EAST LAKE PROJECT)
WHEREAS, the Lake Elsinore Redevelopment Agency (the "Agency")
is engaged in activities necessary to execute and implement the
Redevelopment Plans for Rancho Laguna Redevelopment Project Area
Nos. II and III which were adopted by Ordinance Nos. 671 and 815 of
the City Council of the City of Lake Elsinore on July 11, 1983, and
September 8, 1987, respectively; and
WHEREAS, on or about December 22, 1992, the Agency, the City
of Lake Elsinore (the "City"), and Eastlake Community Builders
("ECB") entered into that certain Memorandum of Understanding (the
"MOU") relating to the development of the approximately 3,000 acres
of land located within the aforedescribed Redevelopment Project
Areas, all as more particularly described in the East Lake Specific
Plan; and
WHEREAS, pursuant to the MOU and in accordance with the
Specific Plan, staff of the Agency and City have negotiated a
Disposition and Development Agreement (the "Agreement") with ECB to
effect the disposition of land within the East Lake Specific Plan
area and the development of the project thereon, which project is
consistent with the Redevelopment Plans, the General Plan of the
City, the Specific Plan, and all other applicable development and
building standards and requirements of the City and Agency; and
WHEREAS, the Agreement contains all of the provisions, terms,
conditions, and obligations required by State and local law; and
WHEREAS, ECB possesses the qualifications necessary to ensure
development of the project in accordance with the purposes and
objectives of the aforedescribed Redevelopment Plans; and
WHEREAS, the Agency has prepared and the Agency and City
Council each has reviewed and considered a Summary Report setting
forth the cost of the Agreement to the Agency and the estimated
value of the interests in real property to be conveyed to ECB,
determined at the highest uses permitted under the Redevelopment
Plans, and said Summary Report has been made available for public
inspection and copying in accordance with the California Community
Redevelopment Law; and
WHEREAS, notice of a public hearing concerning the Agreement
was published in accordance with applicable law and, on May 25,
1993, the Agency and City Council held a joint public hearing
concerning the Agreement; and
WHEREAS, an Environmental Impact Report ("EIR") for the
project has been prepared in accordance with the California
Environmental Quality Act ("CEQA") and the State CEQA Guidelines
promulgated thereunder, and the Agency and City have certified the
EIR and adopted appropriate findings and mitigation measures; and
WHEREAS, Section 33445 of the California Health and Safety
Code authorizes the Agency, with the consent of the City Council,
to pay the cost of installation and construction of any building,
facility, structure, or other improvement which is publicly owned
either within or without the aforedescribed Redevelopment Project
Areas if certain findings and determinations can be made; and
WHEREAS, the City Council has duly considered all of the terms
and conditions of the Agreement, the Summary Report, and all
FS2\112\014804-0001\2049030.1 05/27/93
evidence and argument submitted by the City/Agency staff, ECB, and
the public and has determined that the project is in the best
interest of the City and the health, safety, morals, and welfare of
its residents, and in accordance with the public purposes and
provisions of 'applicable State and local law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Lake Elsinore as follows:
1. The above recitals are true and correct.
2. The City Council does hereby find and determine as
follows:
a. That the consideration to be received by the Agency
for the sale of properties to be conveyed to ECB
pursuant to the Agreement is not less than the fair
market value of the property, determined at the
highest use permitted under the applicable
Redevelopment Plan(s) and that such consideration
is not less than the fair market value for the
property in accordance. with the covenants and
conditions governing the sale.
b. That, with respect to the obligations of the Agency
in the Agreement for the financing of certain
public improvements, as set forth therein, such
improvements are of benefit to the aforedescribed
Redevelopment Project Areas and no other reasonable
means of financing such improvements are available
to the City of Lake Elsinore.
3. The Agreement is hereby approved.
4. The Mayor of the City is authorized and directed to
execute the Agreement on behalf of the City and the City
Manager is authorized to take all actions necessary and
appropriate to implement the Agreement on behalf of the
City.
5. The City Council hereby consents to the Agency's
execution of the Agreement, and to the Agency's financial
contribution to the development of the project as set
forth therein.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Lake Elsinore on May 25, 1993 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DDMINGUEZ, WINKLER, WASHBURN
ALDNGI, CHERVENY
NONE
ABSTAIN: COUNCILMEMBERS:
AZ~EST:
Vi/cki L~. Kasad, City Clerk
NONI
PROVED AS TO FORM AND LEGALITY
R
Attorney
PS2\112\014804-0001\2049030.1 05/27/93 - 2 -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of
said Council on 25th day of May, 1993, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: ALONGI, CHERVENY
ABSENT: COUNCILMEMBERS: NONE
F.BSTAIN: COUNCILMEMBERS: NONE
~A~i~(~ \
VICKI KASAD, CITY CLERK
CITY OF LAI{E ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
Y, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 93-29 of said Council, and that the
same has not been amended or repealed.
D TED: J~u/n/ae X14, 11,993
VICKI ?' ~ "'C~w-~xv~
.~~15AD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAI,,I