HomeMy WebLinkAboutResolution No. 04-R290 0
RESOLUTION NO. 04-R29
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT WITH 100 WEST FOOTHILL BLVD, LLC
WHEREAS, pursuant to Ordinance Number 2062 adopted on September 18,
1978, the City Council of the City of Azusa ("City") approved and adopted a
redevelopment plan ("Redevelopment Plan") for the Central Business District Project
Area ("Project Area"); and
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is
engaged in activities to execute and implement the Redevelopment Plan for the Project
Area pursuant to the provisions of California Community Redevelopment Law (Health
and Safety Code Section 33000 et seq.) ("CRL"); and
WHEREAS, Agency owns certain real property located within the Project Area
generally described as 100 W. Foothill Blvd., Azusa, California, commonly identified as
Los Angeles County Assessor's Parcel Number 8611-004-034 ("Property"); and
WHEREAS, 100 West Foothill Boulevard, LLC ("Developer") desires to develop a
retail development on the Property ("Project"); and
WHEREAS, the Agency has determined that the development of the Project on
the Property will assist the community in eliminating and preventing conditions of blight
on the Property and prevent the spread of conditions of blight into other areas of the
community; and
WHEREAS, Agency staff and Developer have negotiated the terms of a
proposed Disposition and Development Agreement ("DDA") that provides for, among
other things: (i) the Agency's conveyance of the Property to the Developer for a
purchase price that is $500,000, and (ii) the Developer's acquisition of the Property from
the Agency and development of the Project on the Property, pursuant to the terms and
conditions of the DDA; and
WHEREAS, a copy of the DDA is with the City Clerk and has been on file at the
Agency's office, and available to the public for inspection; and
WHEREAS, CRL Section 33430 authorizes the Agency to sell real property it
owns or acquires for redevelopment purposes and the DDA is consistent with the intent
and purpose of CRL Section 33430; and
WHEREAS, CRL Section 33431 requires the Agency to hold a duly noticed
public hearing before any potential sale of real property pursuant to CRL Section 33430,
without public bidding; and
WHEREAS, on November 15, 2004, the Agency held a duly noticed public
hearing to consider the approval of the DDA; and
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WHEREAS, pursuant to CRL Section 33433, the Agency has prepared a
summary report ("Report") setting forth, among other things, the cost of the DDA to the
Agency, and the Report is with the City Clerk and has been on file at the Agency's office
and available to the public for inspection, in accordance with CRL Section 33433; and
WHEREAS, approval of the Agreement and the conveyance are categorically
exempt from the California Environmental Quality Act ("CEQA") under State CEQA
Guidelines Section 15302 because the Project consists of the reconstruction of existing
structures and facilities with a new structure of substantially the same size, purpose and
capacity; and
WHEREAS, pursuant to the foregoing, the City, as a responsible agency under
CEQA, has determined that a Notice of Exemption for sale of the Property should be
filed pursuant to CEQA, the State CEQA Guidelines and the Agency's Local CEQA
Guidelines.
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the
City of Azusa, as follows:
Section 1. All of the recitals set forth above are true and correct.
Section 2. The City Council of the City hereby directs City staff to file a Notice
of Exemption with the County Clerk of Los Angeles County within five (5) calendar days
following approval of this Resolution.
Section 3. The Agency hereby approves the DDA in the form submitted to the
Agency at the public hearing at which this Resolution is adopted and as on file with the
City Clerk.
Section 4. The Agency hereby authorizes and directs the Executive Director of
the Agency to: (i) execute and deliver the DDA, subject to such non -substantive
modifications to the DDA as the Executive Director of the Agency deems necessary and
appropriate and (ii) to execute and deliver such other documents and instruments as
may be reasonably necessary or convenient to implement or carry out the Agency's
obligations under the DDA.
Section 5. This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED this 15th day of
ATTEST:
A ency Secretary
City of Azusa
Approved AS TO LEGAL FORM
BEST BEST & KRIEGER LLP
Agency Counsel
Redevelopment Agency of the
City of Azusa
r. 2004.
Redevelopment Agency of the
City of Azusa
I, Vera Mendoza, Agency Secretary of the Redevelopment Agency of the City of
Azusa, do hereby certify that the foregoing Resolution No. 04-R29 was passed and
adopted by the Governing Board of the Redevelopment Agency of the City of Azusa at
a regular meeting thereof, held on the 15th day of November, 2004, by the following
vote of the Board:
AYES: BOARDMEMBERS: HARDISON, STANFORD, CHAGNON
NOES: BOARDMEMBERS: ROCHA, MADRID
ABSENT: BOARDMEMBERS:NONE
City of Azusa
683305.1