HomeMy WebLinkAboutResolution No. 04-R280 0
RESOLUTION NO. 04-R28
A RESOLUTION OF THE CITY OF AZUSA MAKING CERTAIN
FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33433 IN CONNECTION WITH A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA AND 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 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 West Foothill Boulevard, Azusa, California, commonly
identified as Los Angeles County Assessor's Parcel Number 8611-004-034 ("Property");
and
WHEREAS, 100 West Foothill Blvd, 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, pursuant to CRL Section 33433, Agency has prepared a summary
report ("Report") setting forth, among other things, (i) the cost of the DDA to Agency
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(including the fact that the Property is being conveyed to the Developer for a purchase
price that is $500,000 as determined by an independent third party Appraisal), (ii) the
estimated value of the interest to be conveyed, and (ii) an explanation of how the
acquisition and conveyance of the Property will assist in the elimination of blight within
the Project Area; and
WHEREAS, 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, pursuant to CRL Section 33433, the City Council held a duly noticed
public hearing on November 15, 2004, concerning the approval of the Report and the
proposed Agreement; 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
("Resolution") have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City of Azusa, as follows:
Section 1. The City Council finds and determines that the sale of the Property
as provide in the DDA will assist in the elimination of blight within the City for the
reasons set forth in the Report.
Section 2. The City Council finds and determines that the sale of the Property
as provided in the DDA is consistent with the Implementation Plan adopted for the
Redevelopment Plan pursuant to CRL Section 33490 for the reasons set forth in the
Report.
Section 3. The City Council finds and determines that the consideration paid
by the Developer to the Agency for the purchase of the Property is not less than the
$500,000.
Section 4. The City Council approves the DDA, together with non -substantive
changes and amendments as may be approved by both the City Manager and City
Attorney.
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Section 5.
take any actions
Agreement.
Section 6.
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The City Council hereby authorizes and directs the City Manager to
and execute any and all necessary documents to implement the
This Resolution shall take effect immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED this 15th day of -November, 2004.
/ Chairperson
Redevelopment Agency of the
City of Azusa
ATTEST:
A ncy Secretary
City of Azusa
Approved AS TO LEGAL FORM
BEST BEST & KRIEGER LLP
Agency Counsel
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-R28 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
Agency Secretary
City of Azusa
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