HomeMy WebLinkAboutResolution No. 6325 RESOLUTION NO. 6325
A RESOLUTION THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA
APPROVING THE SALE OF REAL PROPERTY BY THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY AND THAT CERTAIN
AGREEMENT ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF DOWNEY AND DOWNEY HE, LLC" FOR THE REDEVELOPMENT OF CERTAIN
REAL PROPERTY WITHIN THE DOWNEY REDEVELOPMENT PROJECT AREA
GENERALLY BOUNDED BY FIRESTONE BOULEVARD AND PATTON ROAD.
WHEREAS, the Community Development Commission of the City of Downey,
also called the Downey Community Development Commission (the "Commission ") is
engaged in activities necessary to execute and implement the Redevelopment Plan
(the "Redevelopment Plan ") for the Downey Redevelopment Project Area (the "Project
Area "); and
WHEREAS, in order to implement the Redevelopment Plan for the Project Area,
the Commission proposes to assist in the development of a commercial retail center
(the "Project ") pursuant to the terms and provisions of a certain Disposition and
Development Agreement (the "Agreement "); and
WHEREAS, Downey HE, LLC, a California limited liability company, submitted to
the Commission a written offer in the form of said Agreement to act as developer (the
"Developer ") for the Project; and
WHEREAS, the proposed Agreement proposes that the Commission may sell
,,'"‘ real property in the Redevelopment Project Area, which property is described in the
Agreement; and
WHEREAS, the proposed Agreement contains all the provisions, terms,
conditions, and obligations required by state and local law; and
WHEREAS, the Commission has prepared, and the City Council has reviewed
and considered, a summary report meeting the requirements of Health and Safety
Code Section 33433 setting forth the costs of the Agreement to the Commission, the
estimated value of the interests to be conveyed determined under the Redevelopment
Plan, the total compensation to be received and the reasons such disposition will assist
in the elimination of blight, and made said summary report and the proposed
Agreement available for public review in accordance with the requirements of Health
and Safety Code Section 33433 et seq.; and
WHEREAS, the Commission has approved a Negative Declaration prepared
and certified by the City for the Project contemplated in the proposed Agreement; and
RESOLUTION NO. 6325
WHEREAS, the City Council has confirmed and ratified the Commission's
certification of the Negative Declaration prepared for the Project contemplated in the
proposed Agreement; and
WHEREAS, a joint public hearing of the Commission and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health
and Safety Code Section 33433; and
WHEREAS, on February 8, 2000, the Commission and City Council held a joint
public hearing on the proposed Agreement and evaluated all of the information,
testimony, and evidence presented during the joint public hearing and said public
hearing was concluded prior to the adoption of this resolution; and
WHEREAS, the sale of the Site pursuant to the proposed Agreement will
improve the quality of life of the residents of the City of Downey and its visitors through
the elimination of blight and the development of quality projects in the Project Area, by
providing private sector investment in the development of the Project Area, by
promoting the economic well -being of the Project Area by encouraging the
diversification and development of its commercial base and employment opportunities,
by providing needed improvements to the utility infrastructure and public facilities that
serve the Project Area, by encouraging the development of residential, commercial, and
industrial environments which positively relate to adjacent land uses and by providing
for the reuse and redevelopment of a portion of the Project Area which formerly was
under - utilized; and
WHEREAS, the sale of the Site pursuant to the proposed Agreement wilt assist
the Commission in generating revenue to implement its housing goals and objectives;
and
WHEREAS, the value of the consideration for the Site pursuant to the proposed
Agreement will be equal the fair market value of the Site as set forth in the Summary
Report; and
WHEREAS, all actions required by all applicable laws with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City 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 Downey 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.
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RESOLUTION NO. 6325
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
Section 1. All facts set forth in the recitals of this Resolution are true and
correct.
Section 2. The City has duly considered the Negative Declaration prepared
and certified for the Project.
Section 3. The City hereby finds and determines, based upon substantial
information in the record before it, that the Commission's agreement to financially assist
the Project, pursuant to the proposed Agreement is appropriate because the
redevelopment of the property is of benefit to the Redevelopment Project Area and the
immediate area in which the Redevelopment Project Area is located and because the
Project will effectuate the purposes of the Redevelopment Plan.
Section 4. The City hereby finds and determines that the consideration for the
disposition of the Site pursuant to the terms and conditions of the proposed Agreement,
is not less than the fair market value of the Site.
Section 5. The City hereby finds and determines that the disposition pursuant
to the proposed Agreement will eliminate blight within the Project Area by providing for
the reuse and redevelopment of a portion of the Project Area.
Section 6. The City hereby finds and determines that the Agreement is
consistent with the Redevelopment Plan and the Implementation Plan for the
Redevelopment Plan.
Section 7. The Agreement is hereby approved.
Section 8. The City Clerk shall certify to the adoption of this Resolution.
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RESOLUTION NO. 6325
PASSED, APPROVED AND ADOPTED this 8th day of February ,
2000.
iel;&(/1/ / // i
Mayor, KEITH MC CARTHY 4
ATTEST:
It 1, / /
0 y Clerk , JUDITH E. MC DONNELL
I HEREBY CERTIFY that the foregoing Resolution No. 6325 was adopted by
the City Council of the City of Downey at a regular meeting held on the 8th day
of February 2000, by the following vote, to wit:
AYES: 5 Councilmember: Winningham, Lawrence, McCaughan, Perkins, McCarthy
NOES: 0 Councilmember: None
ABSENT: 0 Councilmember: None
ABSTAIN:0 Councilmember: None
II . if - All /, i /
f ay Clerk, JUDITH E. MC DONNELL
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