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HomeMy WebLinkAboutResolution No. 11-R15RESOLUTION NO. 11-R15 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE OPTION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND MERCY HOUSING CALIFORNIA, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, AND MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 IN CONNECTION THEREWITH WHEREAS, pursuant to the California Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("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 ("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, the Agency owns real property located within the Project Area and generally located at the southwest corner of East Alosta Avenue and North Rockvale Avenue, which is more specifically described in Exhibit "A" ("Agency Property") attached hereto and incorporated into this Resolution by this reference; and WHEREAS, on January 18, 2011, the Agency and Mercy Housing California, a California nonprofit public benefit corporation ("Developer") entered into an Exclusive Negotiating Agreement ("ENA") with respect to the Agency Property for the purpose of negotiating the terms of a disposition and development agreement for the Agency Property for the development of an affordable housing project ("Project"); and WHEREAS, while the Agency and Developer continue to negotiate under the ENA, the Agency and Developer desire to enter into an Option Agreement ("Option Agreement") to grant Developer the option to purchase the Agency Property from Agency in order to develop the Project on the Agency Property in the event that the CRL is amended to prohibit development of the Project under a disposition and development agreement with the Agency; and WHEREAS, the Agency has determined that implementation of the Agreement: (1) is in the best interest of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set fort in the Redevelopment Plan and the CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and WHEREAS, pursuant to CRL Section 33433, the Agency may, with the consent of the City Council, approve the Option Agreement if the City Council makes certain findings following a noticed public hearing; and 45636.0400015864088.1 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 Option Agreement to the Agency; (2) the estimated value of the interest to be conveyed; and (3) an explanation of how the conveyance of the Agency Property will assist in the 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 Option Agreement is on file at the Office of the City Clerk; and WHEREAS, pursuant to CRL Section 33433, on February 21, 2011 and February 28, 2011, the City caused notice of 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 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 Option Agreement; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and Section 15332, Class 32 of the State's CEQA Guidelines, the conveyance of the Agency Property is exempt from the provisions of CEQA because it is an infill development consistent with the City's General Plan designations and policies as well as zoning designations and regulations; is less than five acres in size; the Agency Property has no value as habitat for biological resources; is adequately served by all required utilities and public services; and creates no significant traffic, noise, air quality or water quality impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1. Approval of 33433 Report. The Agency Board finds and determines, based on the information made available in the Summary Report, the staff report accompanying this Resolution and any oral presentation of staff, and other written and oral evidence presented to the Agency at or prior to the public hearing regarding the Agreement, that, pursuant to Health and Safety Code Section 33433: (a) The disposition of the Agency Property by the Agency to Developer under the Option Agreement will assist in the elimination of blight by providing for the redevelopment of vacant and/or underutilized Property; (b) The disposition of the Agency Property under the Option Agreement is consistent with the implementation plan adopted by the Agency for the Project Area; (c) The consideration received by the Agency for the disposition of the Agency Property to Developer is not less than the fair reuse value of the Property at the use and with the covenants and conditions and development costs authorized by the Option Agreement. 4563 6.04000\5864088.1 2 Section 2. Approval of Option Agreement. The Agency Board hereby approves the Option Agreement together with non -substantive changes and amendments as may be approved by the City Manager and the City Attorney, and authorizes the Executive Director to execute the Option Agreement. Section 3. CEOA. The Agency Board hereby finds and determines that the disposition of the Agency Property qualifies for a Categorical Exemption pursuant to Section 15332, Class 32 of the State CEQA Guidelines and directs the Agency Secretary to file all appropriate notices under CEQA with the Clerk of the Board of Supervisors of Los Angeles County within five (5) days following the date of adoption of this Resolution Section 4. The Agency Board hereby authorizes and directs the Executive Director and the Agency Counsel to take any action and execute any documents necessary to implement the Option Agreement. 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 7th day of March, 2011. ASI �la oseph R. Rocha, Chairman ATTES Vera Mendoza, Secretary I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 7 day of March, 2011. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk 45636.0400015864088.1 3 EXHIBIT "A" Legal Description of Agency Property ADDRESS APN DESCRIPTION Lot 3 of Tract Map No. 27346, in the City of Azusa, County 641 N. Glenfinnan Avenue 8612-001-905 of Los Angeles, State of California, as per map filed in Book.699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 4 of Tract Map No. 27346, in the City of Azusa, County 633 N. Glenfinnan Avenue 8612-001-915 of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 5 of Tract Map No. 27346, in the City of Azusa, County 629 N. Glenfinnan Avenue 8612-001-920 of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 33 of Tract Map No. 27346, in the City of Azusa, 630 N. Glenfinnan Avenue 8612-001-911 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 35 of Tract Map No. 27346, in the City of Azusa, 606 N. Glenfinnan Avenue 8612-001-063 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 8 of Tract Map No. 27346, in the City of Azusa, County 600 E. 6th Street 8612-001-906 of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 9 of Tract Map No. 27346, in the City of Azusa, County 610 E. 6th Street 8612-001-912 of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 11 of Tract Map No. 27346, in the City of Azusa, 630 E. 6'h Street 8612-001-020 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 15 of Tract Map No. 27346, in the City of Azusa, 670 E. 6'h Street 8612-001-919 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 23 of Tract Map No. 27346, in the City of Azusa, 616 N. Cedarglen Drive 8612-001-907 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 24 of Tract Map No. 27346, in the City of Azusa, 628 N. Cedarglen Drive 8612-001-908 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County 45636.04000\5864088.1 4 ADDRESS APN DESCRIPTION Portions of Lots 36 and 37 of Tract Map No. 27346, in the 601 N. Cedarglen Drive 8612-001-916 City of Azusa, County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Portions of Lots 36, 37, and 38 of Tract Map No. 27346, in the City of Azusa, County of Los Angeles, State of 615 N. Cedarglen Drive 8612-001-917 California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Portions of Lot 38 of Tract Map No. 27346, in the City of 627 N. Cedarglen Drive 8612-001-918 Azusa, County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 39 of Tract Map No. 27346, in the City of Azusa, 630 N. Cedarglen Drive 8612-001-910 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 31 of Tract Map No. 27346, in the City of Azusa, 611 E. Lime Street 8612-001-913 County of Los Angeles, State of California, as per map filed in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 30 of Tract Map No. 27346, in the City of Azusa, County of Los Angeles, State of California, as per map filed 627 E. Lime Street 8612-001-909 in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County Lot 28 of Tract Map No. 27346, in the City of Azusa, County of Los Angeles, State of California, as per map filed 645 E. Lime Street 8612-001-914 in Book 699, Pages 22 to 23, inclusive, of maps, in the office of the County Recorder of said County 45636.04000\5864088.1