HomeMy WebLinkAboutResolution No. 07-R420
RESOLUTION NO. 07-R42
0
A RESOLUTION OF THE REDEVELOPMENT AGENCY
OF THE CITY OF AZUSA, CALIFORNIA, APPROVING
THE FIRST AMENDED AND RESTATED DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AND REG AZUSA, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
WHEREAS, pursuant to the California Community Redevelopment Law (Health &
Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of Azusa ("City")
approved and adopted a Redevelopment Plan ("Redevelopment Plan") for the redevelopment
Project Area known as the Merged Central Business District and West End Redevelopment
Project Area ("Project Area"); and
WHEREAS, the Governing Board of the Redevelopment Agency of the City of Azusa
("Agency") is engaged in activities to implement the Redevelopment Plan for the Project Area
pursuant to the provisions of the CRL; and '
WHEREAS, on January 16, 2007, the Agency approved that certain 2006 Disposition
and Development Agreement (Block 36 Project) with REG Azusa, LLC, a Delaware limited
liability company ("Developer") for the disposition and development of certain real property
("Property") as a mixed-use project ("Project") including 32,500 square feet of commercial
space, sixty-six (66) housing units and a 330 stall subterranean parking structure, as set forth in
the Agreement; and
WHEREAS, the Agency and Developer have negotiated the First Amended and Restated
Disposition and Development Agreement ("Agreement"); and
WHEREAS, the Property is more particularly described in the Agreement as the "Agency
Property", the "Wimpey's Parcel" and the `Bank of America Lot," all of which are described in
the Agreement; and
WHEREAS, a portion of the Property is currently owned by third parties and Developer
and/or the Agency are attempting to acquire such parcels for the Project; and
WHEREAS, pursuant to the Agreement the Agency will acquire a portion of the lot
located at 152 East Foothill Blvd owned by the Bank of America, purchase a parking easement,
and modify the development schedule for the Project; and
WHEREAS, the revised deal structure will facilitate the completion of the Project and the
elimination of blight within the Project Area; and
WHEREAS, the Agency has prepared, and the City Council has reviewed and
considered, a summary pursuant to CRL Section 33433 ("Summary") setting forth: (1) the cost
of the Agreement to the Agency; (2) the estimated value of the interest to be conveyed; and (3)
an explanation of how the acquisition and conveyance of the Property will assist in the
0RANGE\EHULL\41443.2 1
0 0
elimination of blight within the Project Area and has made the Summary available for public
inspection in accordance with CRL Section 33433; and
WHEREAS, a copy of the Agreement is on file at the City's Development Department;
and
WHEREAS, pursuant to CRL Section 33433, on November 1, 2007 and November 8,
2007, the City caused notice of the a joint public hearing of the City Council and the Agency's
Governing Board to be published in The Herald, a newspaper of general circulation within the
Agency's territorial jurisdiction; and
WHEREAS, pursuant to CRL Section 33433, the Agency may, with the consent of the
City Council, approve the sale of the Property to the Developer for development of the Project in
accordance with the Agreement if the City Council makes certain findings following a noticed
public hearing; and
WHEREAS, pursuant to provisions of CRL Section 33433, the City Council and the
Agency's Governing.Board held a duly noticed joint public hearing on the proposed Project and
on the proposed Agreement; and
WHEREAS, following a joint public hearing on November 19, 2007, the City Council
made the requisite findings set forth in Section 33433 with respect to the disposition of the
Property; and
WHEREAS, the Agency is the lead agency concerning the Project pursuant to the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines; and
WHEREAS, the Agency staff has reviewed the General Plan and Development Code
Environmental Impact Report ("EIR") prepared by the City as well as the Addendum to the
General Plan and Development Code EIR ("Addehdum") adopted on May 1, 2006 for this
Project in particular and has determined that the EIR and the Addendum adequately considered
the development of the Project and the impacts of mixed use development in the Project Area
and that no new or additional impacts are associated with the Project and therefore no subsequent
or supplemental review is necessary.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the
Redevelopment Agency of the City of Azusa as follows:
Section 1. The Governing Board hereby directs Agency staff is to file a Notice of
Determination with the Los Angeles County Clerk's office within three (3) calendar days of the
adoption of this Resolution.
Section 2. The Governing Board approves the Agreement together with non -substantive
changes and amendments as. may be approved by both the Executive Director and Agency
Counsel.
Section 3. The Governing Board hereby authorizes and directs the Executive Director to
take any action and execute any documents necessary to implement the Agreement.
ORANGE¢HULL4W3.2 2
0
0
Section 4. The Agreement shall not become effective until such time that the Agency
takes official action to appropriate funds for the Project.
Section 5. The Agency Secretary shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
APPROVED AND ADOPTED this 19th day of November, 2007.
oseph It. Rocha, Agency Chairperson
ATTEST:
CC� /
Vera Mendoza, Agency Secretary/
I HEREBY CERTIFY that the foregoing resolution No. 07-R42, was duly adopted by
the Redevelopment Agency of the City of Azusa at a regular meeting held on the 19th day of
November, 2007.
AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: AGENCY MEMBERS: NONE
ABSTAIN: AGENCY MEMBERS: NONE
ABSENT: AGENCY MEMBERS: NONE
-z-
C�
Vera Mendoza, Agency Secre
ORANGETHULLW41443.2 3