HomeMy WebLinkAboutResolution No. 07-C1010
RESOLUTION NO.07-C101
A RESOLUTION OF THE CITY COUNCIL 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, 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 of the City of Azusa ("City")
(City Council) 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, 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 teal 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 has approved 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 Government Code Section 65402, the Planning Commission of
the City has determined that the Project is in conformance with the City's General Plan; 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
elimination of blight within the Project Area and has made the Summary available for public
inspection in accordance with CRL Section 33433; and
0 0
WHEREAS, a copy of the Agreement is on file at the City's Development Department;
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, the City is the responsible agency concerning the Project pursuant to the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines; and
WHEREAS, the City 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 ("Addendum") adopted on May 1, 2006 for this
Project in particular and has determined that the FIR 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; and
WHEREAS, the Agency and Developer have negotiated in the First Amended and
Restated Disposition and Development Agreement for the Agency to acquire the Bank of
America lot, purchase a parking easement, and modify the development schedule for the Project;
and
WHEREAS, the revised deal structure will facilitate the earlier completion of the Project
and the elimination of blight within the Project Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as
follows:
Section L, The City Council hereby directs City staff 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 City Council hereby finds and determines that the disposition and
development of the Property will assist in the elimination of blight for the reasons set forth in the
Summary.
Section 3. The City Council hereby finds and determines that the development of the
Property pursuant to the Agreement is consistent with the Implementation Plan adopted for the
Project Area pursuant to Section 33490.
Section 4. The City Council hereby finds and determines the consideration paid by the
Developer to the Agency for the Property is not less than the fair re -use with the covenants,
conditions and development costs authorized by the sale for reasons set forth in the Summary.
Section 5. The City Council hereby approves the Agreement together with non -
substantive changes and amendments as may be approved by the City Manager and the City
Attorney.
Section 6. The City Council hereby authorizes and directs the City Manager and the City
Attorney to take any action and execute any documents necessary to implement the Agreement.
Section 7. The City Clerk 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 19'h day of November, 2007.
14W-11 Plz�
oseph Vkocha, Mayor
ATTEST:
Vera Mendoza City Clerk
I HEREBY CERTIFY that the foregoing resolution No. 07-C101, was duly adopted by
the City Council of the City of Azusa at a regular meeting held on thel9th day of November,
2007, by the following vote of the Council:
AYES:
COUNCILMEMBERS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
Vera Mendoza, City Clerk