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HomeMy WebLinkAboutResolution No. 99-C1340 RESOLUTION NO. 99-C134 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE SALE OF CERTAIN REAL PROPERTY AND CONSENTING TO THE AZUSA REDEVELOPMENT AGENCY'S PAYMENT FOR CERTAIN PUBLIC IMPROVEMENTS (PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33421.1, 33433 AND 33445) IN CONJUNCTION WITH THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND AZUSA PACIFIC UNIVERSITY WHEREAS, The Redevelopment Agency ofthe City of Azusa ("Agency") is engaged in activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan") for the Agency's 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") and the Redevelopment Plan; WHEREAS, the Agency desires to sell for development that certain real property ("Property") located within the Project Area, which consists of approximately 11.83 acres and which is more particularly described in the Agreement (defined below); WHEREAS, Azusa Pacific University ("Developer") and the Agency have negotiated the terms of a Disposition and Development Agreement ("Agreement")whereby the Developer will develop the Property for campus expansion and other uses described in the Agreement ("Development"); WHEREAS, CRL Sections 33430 and 33433 authorize the Agency to sell real property for redevelopment purposes; 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 available for public inspection in accordance with the CRL; WHEREAS, also pursuant to CRL Section 33433, the City Council of the City of Azusa ("City Council"), as the Agency's legislative body, must adopt a resolution approving the Agreement and making certain findings after a duly noticed public hearing; WHEREAS, among other things, the Agreement provides for the Agency's payment of certain off-site improvements ("Improvements") related to the Development; RVPUBWLW33161 EXHIBIT "E" WHEREAS, pursuant to CRL Section 33445, the Agency may, with the consent of the City Council, pay all or part of the costs of the 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 construction and operation of the Development pursuant to the Agreement, including the on- and offsite improvements, will be of benefit to the Project Area; WHEREAS, Environmental Impact Reports ("EIRs") were prepared and certified in 1981 and 1988 for the Project Area and those EIRs considered the development of the Project Area and the impacts of commercial development on the Project Area and imposed environmental mitigation measures; WHEREAS, Agency staff has determined that the EIRs adequately address and mitigate the environmental impacts from the Development (as described in the Agreement) in compliance with the California Environmental Quality Act ("CEQA'), State CEQA Guidelines and the City's Local CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Findings. (a) The City Council finds and determines that, with respect to the Property, the Agreement will assist in the elimination of one or more blighting conditions as set forth in the CRL Section 33433 summary report and the Agreement for the reasons set forth in the report, and is necessary to implement the Redevelopment Plan. (b) The City Council finds and determines that, with respect to the Property, the Agreement is consistent with the implementation plan adopted for the Redevelopment Plan pursuant to CRL Section 33490. (c) 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 reuse value of the Property for the reasons set forth in the Section 33433 summary report. (d) The City Council finds, based on the information made available in the staff RVPUMDLM533161 -2- 0 0 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. CEOA Compliance. The City Council hereby directs the City Clerk to file a Notice of Determination for the City as a responsible agency under CEQA. adoption. SECTION 4. Effective Date. This resolution shall become effective upon its PASSED, APPROVED AND C. Madrid Mayor RVPUB\DLH1533161 -3- 1999. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 99 -Cl 3 4 was duly introduced and adopted by the City Council at a regular meeting thereof, held on the 18 . day of October 1999, by the following vote to wit: AYES: ROCHA, BEEBE, MADRID NOES: MADRID ABSENT: NONE ABSTAIN: STANFORD APPROVED AS TO FORM: lCity Attorney RVPUB\DLHW3161 -4-