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HomeMy WebLinkAbout93-93 - Redevelopment Agency and Costa Mesa Dental Properties Inc�E,c.,25O RESOLUTION NO. 93-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONSENTING TO THE APPROVAL BY THE COSTA MESA REDEVELOPMENT AGENCY OF THE DISPOSITION AND OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE COSTA MESA REDEVELOPMENT AGENCY AND COSTA MESA DENTAL PROPERTIES, INC., AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the Costa Mesa Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment Plan") for the Downtown Redevelopment Project (the "Project"); and WHEREAS, the Redevelopment Plan was approved and adopted by the City Council of the City of Costa Mesa (the "City Council") by Ordinance No. 73-44 on December 24, 1973; amended by Ordinance No. 77-27 on July 5, 1977, by Ordinance No. 77-36 on August 1, 1977, by Ordinance No. 80-22 on November 1, 1980, and by Ordinance No. 86-24 on December 15, 1986; and WHEREAS, in order to carry out and implement such Redevelopment Plan, the Agency proposes to enter into that certain Disposition and Owner Participation Agreement (the "Agreement") with Costa Mesa Dental Properties, Inc., a California corporation (the "Participant") for the disposition of certain property (the "Site") in the Project Area (the "Project Area"), all as described in the Agreement and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law (California Health and Safety Code Section 3000, et seq.), the Agency is authorized, with the approval of the City Council after public hearing, to sell the Site for redevelopment pursuant to the Redevelopment Plan upon a determination by the City Council that the consideration for such sale is not less than fair market value in accordance with covenants and conditions governing the sale, or with respect to any sale at less than estimated value, determined at the highest use permitted under the Redevelopment Plan, that the lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Agreement was duly noticed in accordance with the requirements of Health and Safety Code Section 33433; and WHEREAS, a Negative Declaration for construction of a 5,195 -square -foot dental building located at 1801 Newport Boulevard on the Site was prepared and adopted by the City Council at its meeting of June 1, 1992; and WHEREAS, the Negative Declaration prepared and adopted for the dental building adequately addresses the potential environmental impacts associated with the sale of the Site; and WHEREAS, the proposed Agreement, and a summary report meeting the requirements of Health and Safety Code Section 33433, were available for public inspection consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, on December 8, 1993, the Agency and City Council held a joint public hearing on the proposed Agreement, at which time the City Council reviewed and evaluated the proposed Agreement, the staff report prepared on this matter, and all of the information, testimony, and evidence presented during the joint public hearing; and t1aa 251 WHEREAS, the City Council has reviewed the summary required pursuant to Health and Safety Code Section 33433 and evaluated other information provided to it pertaining to the finding required pursuant to Section 33433; and WHEREAS, all actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner; and WHEREAS, the City Council has duly considered all terms and conditions of the proposed Agreement and believes that the disposition of the Site pursuant thereto is in the best interests of the City of Costa Mesa and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa as follows: Section 1. The City Council hereby finds and determines, based upon substantial evidence provided in the record before it that the consideration for the Agency's disposition of the Site pursuant to the terms and conditions of the Agreement is not less than fair market value in accordance with covenants and conditions governing the sale or with respect to any sale at less than estimated value, determined at the highest use permitted under the Redevelopment Plan, that the lesser consideration is necessary to effectuate the purposes of the Redevelopment Plan. Section 2. The City Council has reviewed and considered the Negative Declaration prepared by Agency staff for the Agreement and finds it adequate in addressing the environmental impacts for the Agreement. The Negative Declaration satisfies the requirements of CEQA (California Environmental Quality Act) and is hereby approved. Based on the Negative Declaration, the comments received thereon, and all of the evidence and tesfimony before it, the City Council finds that the Negative Declaration represents the independent judgment of the City Council, that there is no substantial evidence before the City Council that the Agreement may have a significant effect on the environment, and that all possible significant environmental effects have been avoided or mitigated to a level of environmental insignificance. Section 3. The City Council consents to and approves the execution of the Agreement by the Agency and a copy of the Agreement, when executed by the Agency, shall be placed on file in the office of the City Clerk. Section 4. The Development Services Department shall file the Notice of Determination with the Orange County Clerk's Office. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED AND ADOPTED this 8th day of December, 1993. Mayor of the City of Costa Mesa ATTEST: 1. Deputy C' Clerk of the City of Costa Mesa <<<. 252 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-93 was duly and regularly passed and adopted by the said City Council at a special meeting thereof held on the 8th day of December, 1993, by the following roll call vote: AYES: Gems, Hombuckle, Buffa, Erickson NOES: None ABSENT: Humphrey IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 9th day of December, 1993. Deputy 1 y Clerk and ex -officio Clerk of the City O uncil of the City of Costa Mesa J J