HomeMy WebLinkAboutResolution No. 11-R10RESOLUTION NO. 11 -RIO
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, TRANSFERRING PROPERTY KNOWN AS THE
DALTON PROPERTY [APN NUMBERS 8608-029-908, 8608-029-
909, 8608-029-910, 8608-029-904, 8608-029-906 AND 8608-029-9071
(SEE ATTACHED MAP) TO THE CITY OF AZUSA AND
MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA
HEALTH AND SAFETY CODE SECTION 33445 IN
CONNECTION WITH THE REDEVELOPMENT AGENCY'S
TRANSFER OF LAND FOR FINANCING OF CERTAIN FUTURE
PUBLIC IMPROVEMENTS WITHIN THE REDEVELOPMENT
PROJECT AREA
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of
Azusa ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for the
Merged Central Business District Redevelopment Project Area ("Project Area"); and
WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City
of Azusa ("Agency") has adopted an implementation plan for the Redevelopment Plan
("Implementation Plan") and is engaged in activities necessary to execute and implement the
Redevelopment Plan pursuant to the CRL; and
WHEREAS, in furtherance of the Project Area and the immediate neighborhood in
which the Project Area is located, the City and Agency plan to continue to provide programs and
services to eliminate blight, including the provision of certain future public improvements, which
improvements will be located within the boundaries of, and contiguous to, the Project Area.
These projects range from parking, open space, and public library, among other things ("Public
Improvements"). The City and Agency cannot fully assume the costs of these needed Public
Improvements without assistance of property tax increment funding. Specifically, the Agency
proposes to transfer land purchased with redevelopment funds to assist in the finance of these
programs and services; and
WHEREAS, the acquisition of land for the Public Improvements will assist in the
elimination of blight within the Project Areas by minimizing physical and economic conditions
that cause blight such as depreciated or stagnant property values and abnormally high business
vacancies by providing needed public improvements, stimulating economic development,
providing open space and addressing the problems presented by inadequate public infrastructure;
and
WHEREAS, the completion of the Public Improvements is consistent with the goals and
objectives of the Five Year Implementation Plan adopted pursuant to CRL Section 33490; and
WHEREAS, with the City Council's consent, the Agency is authorized under CRL
Section 33445 to use the Agency's property tax increment funds, which it receives pursuant to
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CRL Section 33670, or any other available funds, to pay all or part of the value of land for the
Public Improvements; and
WHEREAS, pursuant to CRL Sections 33430 and 33431 the Agency may dispose of real
property without public bidding by conducting a public hearing; and
WHEREAS, pursuant to CRL Section 33431, the Agency noticed the public hearing for
the transfer of certain real property (APN numbers 8608-029-908, 8608-029-909, 8608-029-910,
8608-029-904, 8608-029-906 AND 8608-029-907) (the "Property") on February 21 and
February 28 in the San Gabriel Valley Tribune to the City for these future Public Improvements;
and
WHEREAS, the City Council and Agency are required to make certain findings set forth
in CRL Section 33445 with respect to the Agency's use of property tax increment funds to pay
all or a part of the value of the land for the Public Improvements; and
WHEREAS, pursuant to provisions of CRL Section 33445, the City Council and the
Agency's Governing Board held a meeting regarding the Public Improvements, and the City
Council made the required findings pursuant to CRL Section 33445; and
WHEREAS, the City is the lead agency pursuant to the California Environmental
Quality Act (codified as Public Resources Code Sections 21000 et seq) ("CEQA") and the State
CEQA Guidelines; and
WHEREAS, staff has determined that the Agency's authorization and 33445 findings are
exempt from CEQA, pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be
seen with certainty that the mere transfer of title to the Property from the Agency to the City will
not have a significant effect on the environment; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE GOVERNING BOARD OF THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. The recitals set forth above are true and correct and incorporated herein
Section 2. The Governing Board consents to the Agency's use of property tax
increment funds, through the transfer of the Property, to pay all or a part of
the value of the land for the Public Improvements and, therefore, finds and
determines, based on the information made available in the staff report
accompanying this Resolution, the oral presentation of Agency staff, and
all other written and oral evidence presented to the Governing Board at or
prior to the public hearing, that:
a. That the Agency's financing of the Public Improvements is of
benefit to the Project Areas because the transfer and acquisition of the land
for the Public Improvements will: (1) improve the quality of life in the
Project Areas and is in the best interest of the City and the health, safety,
morals and welfare of its residents, businesses, tenants, and property .
owners and (2) provide needed public improvements, stimulate economic
development and minimize depreciated or stagnant property values and
high business vacancies, while improving aesthetics and visibility in the
Project Areas.
b. That the City has determined that there are no other reasonable
means of financing the Public Improvements available to the City. The
City cannot fully assume the cost of land for needed capital improvements
within the City without the assistance of property tax increment funding,
through the transfer of Property, from the Project Areas. Capital public
improvements in other parts of the City would have to be deferred or
eliminated in order to fund these certain Public Improvements.
C. That the financing of the Public Improvements will benefit the
Project Areas by assisting in the elimination of one or more blighting
conditions in the Project Areas. The financing will reduce depreciated or
stagnant property values and abnormally high business vacancies by
promoting private investment in the Project Areas. The financing will
assist the City and Agency in providing needed public improvements and
stimulating economic development. By updating and modernizing the
City's infrastructure, the Project Area becomes more attractive to those
investors who wish to relocate and/or establish businesses in areas that can
physically support their enterprise. Financing of the Public Improvements
will eliminate blight by making the Project Areas attractive to private
investment, which subsequently will contribute to an appreciation of the
value of both businesses and property within the Project Areas, and
providing open space.
d. - The financing of the Public Improvements is consistent with the
goals and objectives of the implementation plan adopted pursuant to
Section 33490 in that the implementation plan contemplates the financing
of public improvements that will stimulate private investment in the
Project Areas and elimination of one or more blighting conditions within
the Project Areas.
e. The Public Improvements are provided for in the Redevelopment
Plans which authorize the installation, construction or reconstruction of
streets, utilities and other public improvements (including, but not limited
to gutters, sidewalks, sewers and appurtenant work thereto) in areas which
benefit the Project Areas.
Section 3. A public hearing, duly noticed in accordance with applicable law, was
held by the Agency on March 7, 2011 at which time the Agency received
the staff report, public testimony, and any and all evidence in support of
and objections to the proposed conveyance of the Property by the Agency
to the City. After receiving and considering such evidence, the Board
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hereby approves the transfer of the Property to the City by and pursuant to
the terms and conditions set forth in the quitclaim deed attached hereto in
substantially final form as Exhibit A.
Section 4. The Executive Director of the Agency, or his or her designee, is
authorized and directed to execute the quitclaim deed and such other
documents and instruments as may be necessary to memorialize the
obligations between the City and the Agency, in order to finalize the
transfer of the Property to the City, and shall take all other actions
necessary or convenient in the furtherance of the actions authorized by this
Resolution.
Section 5. The Agency has determined that the conveyance of the Property to the
City is exempt from the requirements of the California Environmental
Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section
pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be
seen with certainty that the mere transfer of title to the Property from the
Agency to the City will not have a significant effect on the environment.
Section 6. The Board hereby directs Agency staff, in concurrence with the City, to
file a Notice of Exemption with the Clerk of Los Angeles County within
five (5) calendar days following approval of this Resolution.
Section 7. This Resolution shall take effect immediately upon its adoption.
Section 8. The Chairperson shall sign this Resolution and the Agency Secretary shall
attest and certify to the passage and adoption of this Resolution.
ADOPTED, SIGNED, AND APPROVED this 7 day of March, 2011, by the following
vote:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NAYS: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Vera Mendoza, Secretary
APPROVED AS TOO FORM:
Agency Counsel
'e -p"
J eph R. Rocha, Chairperson
rd
EXHIBIT "A"
QUITCLAIM DEED