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HomeMy WebLinkAboutResolution No. 03-C0810 0 RESOLUTION NO. 03-C81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING SALE OF REAL PROPERTY (PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33421.1, 33433 AND 33445) IN CONJUNCTION WITH THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND SY DEVELOPMENT, A NEVADA CORPORATION WHEREAS, The Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the Merged Central Business District/West End Project Area ("Project Area") pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ("CRL"); WHEREAS, the Agency is the owner of certain real property ("Property") located within the Project Area which consists of approximately 7,000 square feet and is improved with an existing 7,200 square foot, two-story brick building, and is more particularly described within the Agreement (defined below); WHEREAS, the Property is located within the Project Area within the City of Azusa ("City"); WHEREAS, the Agency and SY Development ("Developer") have negotiated the terms of a Disposition and Development Agreement ("Agreement") which provides, among other things, for the sale by the Agency to Developer of the Property and the Developer's rehabilitation of existing improvements as well as Developer's construction of certain improvements on and adjacent to the Property, as more particularly described in the Agreement ("Project"); WHEREAS, CRL Sections 33430, 33431 and 33433 authorize the Agency to sell real property for the purposes of redevelopment; WHEREAS, in accordance with CRL Section 33431, on October 6, 2003, and October 14, 2003, the City caused notice of a public hearing to be held on October 20, 2003, to be published in the San Gabriel Valley Tribune, a newspaper of general circulation within the City's territorial jurisdiction; WHEREAS, pursuant to CRL Section 33433, the Agency has prepared a summary report setting forth, among other things, the cost of the Agreement to the Agency and has made said report and a copy of the Agreement available for public inspection in accordance with the CRL; WHEREAS, also pursuant to CRL Section 33433, the City Council, as the Agency's legislative body, may approve the Agreement after a duly noticed public hearing has been held to consider the Agreement; WHEREAS, among other things, the Agreement also provides for the Agency's payment of certain public improvements ("Improvements") related to the Project; V1'HERFAS, pursuant to CRL Section 33445, the Agency may, with the consent of the City Council, pay all or part of the costs of the publicly owned Improvements if the City Council makes certain findings; WHEREAS, pursuant to CRL Section 33421. 1, the City Council is also required to make a finding that the Agency's payment for the improvements is necessary to effectuate the purpose of the Redevelopment Plan; WHEREAS, the rehabilitation, constriction and operation of the Project pursuant to the Agreement will be of benefit to the Project Area, is in the best interest of the City and is in Exhibit `B" 0 0 accord with the public purposes and provisions of applicable state and local laws; and WHEREAS, City staff has determined that pursuant to the California Environmental Quality Act (" CEQA") and State CEQA Guidelines, the Project will not have a significant effect on the environment and that the Mitigated Negative Declaration to be adopted on October 20, 2003 by the City Council, adequately addressed the environmental impact of the Project ]and imposed adequate mitigation measures]. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA THAT: Section 1. Findings. (a) The City Council finds and determines that the Project will assist in the elimination of one or more physical and economic blighting conditions as set forth above and in the CRL Section 33433 summary report and is necessary to implement the Redevelopment Plan. (b) The City Council finds and determines that the consideration paid by the Developer to the Agency for the Property is not less than the fair market value of the Property at its highest and best use in accordance with the redevelopment plan for the Project Area for fair reuse value at the use and with the covenants and conditions and development costs authorized by sale]. (c) The City Council finds that the Project is consistent with the Agency's implementation plan for the Project Area adopted pursuant to CRL Section 33490. (d) The City Council finds, based on the information made available in the staff report accompanying this resolution, the oral presentation of staff and other such written and oral evidence as presented to the City Council, that the Agency's payment for the Improvements shall effectuate the purpose of the Redevelopment Plan and will benefit the Project Area pursuant to Section 33445. (e) Pursuant to Section 33445, the City Council also finds that, based on the staff report accompanying this Resolution and other such evidence as discussed in the paragraph above, that there are no other reasonable means of financing the Improvements. (f) The City Council finds and determines that the Agency's payment for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan pursuant to Section 33421.1. Section 2. Approval. The City Council approves the Agreement. Section 3. Notice of Exemption. The City Clerk is directed to file a Notice of Determination with the Los Angeles County Clerk's Office within three (3) days from the adoption of this Resolution. Section 4. Effective Date. The City Clerk shall certify to the passage and adoption of this Resolution and the Resolution shall take effect immediately upon its adoption. AND ADOPTED this 20th day of October, 2003. Mayor of the City of Azusa 0 0 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 201h day of October, 2003, by the following vote of the City Council: AYES: COUNCILMENIBERS: HARDISON, NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE AityClerk of the City of Azusa RVPUB%DL141660918 STANFORD, CHAGNON, ROCHA, MADRID