HomeMy WebLinkAboutResolution No. 08-C0399 0
RESOLUTION NO. 08-C39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, RATIFYING CERTAIN
FINDINGS PREVIOUSLY MADE REGARDING THE
DISPOSITION OF AGENCY PROPERTY PURSUANT TO
THE AMENDED AND RESTATED 2006 DISPOSITION
AND DEVELOPMENT AGREEMENT WITH REG AZUSA,
LLC AND APPROVING THE FIRST AMENDMENT TO
THE AMENDED AND RESTATED 2006 DISPOSITION
AND DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AND REG AZUSA, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
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 real 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, on November 19, 2007, the Agency considered adoption of the First
Amended and Restated Disposition and Development Agreement by and between the
Redevelopment Agency and Reg Azusa, LLC (the "Agreement'); and
WHEREAS, on November 19, 2007 the City Council 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 related to the Agreement; and
WHEREAS, also on November 19, 2007, the Agency approved the Agreement; and
WHEREAS, the Agency is now considering an amendment to the Agreement to extend
the close of escrow date, add additional performance milestones, and revise the lease up
provisions; and
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WHEREAS, the revised deal structure will facilitate the completion of the Project and the
elimination of blight within the Project Area; and
WHEREAS, on May 15, 2008 and May 22, 2008, 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, staff is requesting the City Council ratify its consideration of the Summary
report pursuant to Health and Safety Code Section 33433 as it relates to this First Amendment to
the Amended and Restated Disposition and Development Agreement finding that the
modifications in this First Amendment do not modify the substantive provisions of the
Agreement addressed by the Summary report; 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 EIR 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as
follows:
Section 1. 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 changes to the
Amended and Restated Disposition and Development Agreement do not modify the substantive
terms of the Agreement as considered by the Summary report prepared pursuant to Health and
Safety Code Section 33433.
Section 3. The City Council hereby ratifies the findings and determinations made in
Resolution 07-R42
Section 4. The City Council hereby approves the First Amendment to the First Amended
and Restated Disposition and Development Agreement by and, between the Redevelopment
Agency of the City of Azusa and Reg Azusa, LLC together with non -substantive changes and
amendments as may be approved by the City Manager and the City Attorney.
Section 5. 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.
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Section 6. 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 27t" day of May, 2008.
/Joseph R. Rocha, Mayor of the City of Azusa
ATTEST:
Vera Mendoza, City Clerk
I HEREBY CERTIFY that the foregoing resolution No. 08-C39m was duly adopted by
the City Council of the City of Azusa at a special meeting held on the 27`h day of May, 2008, by
the following vote of the Council:
AYES:
COUNCILMEMBERS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
Aerandoza .
City Clerk of the City of Azusa
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