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HomeMy WebLinkAboutReso 03-2008RESOLUTION NO. 03-2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN F]EZANCISCO CONSENTING TO THE APPROVAL BY THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT' AGENCY APPROVING THE EXECUTION OF A LEASE WITH RESPECT TO 1 CHESTNUT STREET BY AND BETWEEN THE AGENCY AND RON PRICE MOTORS WHEREAS, the City of Sou1;h San Francisco Redevelopment Agency (the "Agency") is a redevelopment agency formed, existing and exercising its powers pursuant to the provisions of the California Community Redevelopment Law, Health and Safety Code Section 33000 et. seq. (the "Community Redevelopment Law"); and WHEREAS, the Agency is charged with implementing the Redevelopment. Plan (the "Redevelopment Plan") as adopted for the El Camino Corridor Redevelopment Area (the "Project Area") within the City of South San Francisco (the "City"); and WHEREAS, the Agency has adopted an implementation plan setting forth programs and activities to improve or alleviate blighting conditions within the Project Area (the "Implementation Plan"); and WHEREAS, the Agency is authorized to convey land under Sections 33431 and 33433 of the Health and Safety Code upon the consent of the City Council an in furtherance of the implementation of the Redevelopment Plan; and WHEREAS, the Agency owns that certain real property located at 1 Chestnut Street, known as San Mateo County Asse;ssor's Parcel Number 011-322-030 and which consists of approximately 73,355 square feet of land, located within the Project Area (the "Property"); and WHEREAS, the Agency desires to enter into that certain Lease (the "Lease") between the Agency and Ron Price Motors (the "Lessee") with respect to the Property setting forth the terms and conditions under which the Agency shall lease the Property to the Lessee and Lessee shall develop the Property (the "Project") pursuant to Lease; and WHEREAS, the Lease furthers the goals of the Agency set forth in the Implementation Plan as it will avoid blighting conditions by ensuring that the Property is not vacant, is maintained to a high standard, and the business thereon is providing a service to the community; and WHEREAS, under the Lease, the Lessee shall ground lease the Property from the Agency for a term not to exceed three (3) years as more particularly described in the summary report made in accordance with Section 33433 of the California Health and Safety Code (the "Report"); and WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law the Agency is authorized, with the approval of the City Council after a duly noticed public hearing, to convey the Property pursuant to the Redevelopment Plan upon a determination by the City Council that the conveyance of the Property will assist in the elimination of blight, that the consideration for the Property is not less than the fair market value or fair reuse value of the Property in accordance with the covenants and conditions goverling the ground lease of the Property and improvement costs required thereof, and that the ground lease of the Property under the terns and conditions set forth in the Lease is consistent with the Implementation Plan; and WHEREAS, a joint public hearing of the Agency and City Council on the proposed Lease, held on January 9, 2008, was duly noticed in accordance with the requirements of Health and Safety Code Sections 33431 and 33433; and WHEREAS, the proposed Lease and the Report were available for public inspection prior to the joint public hearing consistent with the requirements of Health and Safety Code Section 33433; and WHEREAS, at the joint public hearing on the proposed Lease the City Council and Agency reviewed and evaluated all of the Infornatlon, testimony, and evidence presented, including the Report, pertaining to the findings required pursuant to Health and Safety Code Section 33433; and WHEREAS, the City Council has previously determined, in its adoption of the ordinance approving the Redevelopment Plan, that the Property is a portion of a blighted area, and is underutilized, as further set forth in the Implementation Plan as previously adopted and amended by the Agency; and WHEREAS, the Lease would assist in the alleviation or removal of blighting conditions and would further the goals of the Implementation Plan by conveying the Property for [construction of] the Project pursuant to the terns of the Lease; and WHEREAS, the Agency has duly considered all of the terns and conditions of the proposed Lease and believes that the redevelopment of the Property pursuant to the Lease is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the piielic pul-poses and provisions of applicable staie and iocai laws and requirelne~lts; and WHEREAS, all actions required by all applicable law with respect to the proposed Lease Have been taken in an appropriate and timely manner; and NOW, THEREFORE, the CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY DOES RESOLVE AS FOLLOWS: Section 1. The Agency finds and deternlines that, based upon substantial evidence provided in the record before it, the consideration for the Agency's disposition of the Property pursuant to the ternls and conditions of the Lease is (i) not less than the fair market value at the highest and best use in accordance with the Redevelopment Plan, and (ii) not less than the fair reuse value taking into account the use and with the covenants and conditions and development costs authorized by the Lease. Section 2. The Agency hereby finds and determines that the dlsposltlon of the Property by the Agency pursuant to the Lease will eliminate blight within the Project Area. Section 3. The Agency hereby finds and determines that the Lease is consistent with the provisions and goals of the Implementation Plan. Section 4. The Executive Director of the Agency (or his designee) is hereby authorized on behalf of the Agency to execute the Lease and to make such revisions to the Lease which do not materially or substantially increase the Agency's obligations thereunder, to sign all documents, to make all. approvals anal take all actions necessary or appropriate to carry out and implement the Lease and to administer the Agency's obligations, responsibilities and duties to be performed under the Lease and related documents. =~ ~ ~ ~ ~ I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 9ti' day of January 2008 by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Garbarino and Kevin Mullin, Mayor Pro Teln Karyl Matsumoto and Mayor Pedro Gonzalez NOES: None ABSTAIN: None ABSENT: None r ATTEST: ~. ,~ ~ ~ ,~ ~ , ,-~, t l,1Ly l~lel"" ~`~~ ~ _ r