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HomeMy WebLinkAbout02-058 - Resolutions RESOLUTION NO. 02-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS — C, L.L.C. AND MAKING FINDINGS RELATED THERETO. A. RECITALS. (i) The Rancho Cucamonga Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement its Redevelopment Plan for its Rancho Cucamonga Redevelopment Project Area ("Project Area"). (ii) In order to implement the Redevelopment Plan for the Project Area, the Agency proposes the development and improvement of certain real property located in the Project Area pursuant to the terms and provisions of that certain Disposition and Development Agreement ("DDA") discussed herein by and between the Agency and Victoria Gardens — C, L.L.C. ("Developer"), concerning approximately 147 acres of land ("the Site") located south of Foothill Boulevard and west of 1-15 and a project for the development of a regional commercial area, community amenities and housing on that land. (iii) Pursuant to Section and 33433 of the California Health and Safety Code, the Agency has prepared and reviewed, and this Council has reviewed and considered, a summary setting forth the cost of the DDA to the Agency, the estimated value of the interests to be conveyed determined under the Redevelopment Plan, the purchase price, and the reasons such sale will assist in the elimination of blight, and made said summary available for public inspection in accordance with the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.). (iv) The development and improvement of the real property which is the subject of the DDA ('the Project") has undergone review pursuant to the California Environmental Quality Act (CEQA) by this Council and this Council has certified an Environmental Impact Report for the Project and has adopted a Statement of Overriding Considerations concerning the Project. (v) The DDA provides for Agency's payment for certain publicly owned facilities; accordingly, California Health and Safety Code Section 33445 requires that certain findings be made to support said payment. (vi) Pursuant to provisions of the California Community Redevelopment Law, the Agency and this Council conducted and concluded a duly noticed joint public hearing on the proposed sale of the Site and the DDA on February 20, 2002. Resolution No. 02-058 Page 2 of 3 B. RESOLUTION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA as follows: 1. This Council hereby finds that the facts stated in the Recitals, Part A, of the Resolution, are true and correct. 2. This Council hereby finds and determines that the sale of the Site in accordance with the terms and provisions of the DDA will assist in the elimination of blight existing in the Project Area. 3. This Council hereby finds and determines that the consideration to be paid to the Agency pursuant to the DDA is not less than the fair reuse value of the subject property at the use and with the covenants and conditions and development costs authorized by the sale of the Site and the DDA. 4. The Council hereby finds and determines that the DDA is consistent with the Agency's Implementation Plan adopted pursuant to California Health and Safety Code Section 33490. 5. In accordance with California Health and Safety Code Section 33445, this Council hereby makes the following findings in reference to Agency's payment for publicly owned facilities provided for in the DDA: a. All of said facilities are of benefit to the Project Area; b. No other reasonable means of financing the facilities are available to the community; c. Agency's payment for subject facilities will assist in the elimination of one or more blighting conditions inside the Project Area; and d. The installation of the subject publicly owned facilities is provided for in the redevelopment plan for the Project Area. 6. The Disposition and Development Agreement, and all attachments thereto, by and between this Agency and Developer which establishes the terms and conditions for the sale, improvement and operation of the Site, are hereby approved. 7. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. Please see the following page for formal adoption,certification and signatures Resolution No. 02-058 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 20th day of February 2002. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None Willi m J. Ale nder, Mayor ATTEST: D bra J. Ad CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 20th day of February 2002. Executed this 21 sc day of February 2002, at Rancho Cucamonga, California. A/'/-�Q zt&� bebra J. Adam MC, ity Clerk