Loading...
HomeMy WebLinkAboutResolution No. 09-C0500 RESOLUTION NO. 09-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION 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, the Agency has negotiated the terms of that certain First Amendment to the 2008 Disposition and Development Agreement (Target Project) ("Agreement") with Target Corporation ("Developer") for the disposition and development of certain real property ("Property") as a Target store ("Project") including approximately 159,000 square feet of commercial space as set forth in the Agreement; 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 report 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 WHEREAS, a copy of the Agreement is on file at the City's Redevelopment Department; and WHEREAS, pursuant to CRL Section 33431, on May 29, 2009 and June 4, 2009, the City caused notice of a joint public hearing of the City Council and the Agency's Governing Board to be published in The San Gabriel Valley Tribune and The Herald, respectively, both newspapers 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 I 0 0 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, this amendment does not require a new 33433 report as the modifications to the deal in the First Amendment do not impact that analysis and are not related to the cost of the project. 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 Target Project EIR ("Target EIR") certified on August 4, 2008 for this Project in particular and has determined that the EIR and the Target EIR adequately evaluated the impacts of the development of the Project and the impacts of the proposed development in the Project Area. 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 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. 2 APPROVED AND ADOPTED this 15'x' day of June, 2009. /` w oseph R. Rocha, Mayor ATTEST: Vera Mendoza, City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held on the 15th day of June, 2009, by the following vote of the Council AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk