HomeMy WebLinkAboutResolution No. 11-C23RESOLUTION NO. 11-C23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA, APPROVING THE OPTION
AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF AZUSA AND MERCY
HOUSING CALIFORNIA, A CALIFORNIA NONPROFIT
PUBLIC BENEFIT CORPORATION, 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 seg.) ("CRL"), the City Council ("City Council") of the City of
Azusa ("City") 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 owns real property located within the Project Area and
generally located at the southwest corner of East Alosta Avenue and North Rockvale Avenue,
which is more specifically described in Exhibit "A" ("Agency Property") attached hereto and
incorporated into this Resolution by this reference; and
WHEREAS, on January 18, 2011, the Agency and Mercy Housing California, a
California nonprofit public benefit corporation ("Developer") entered into an Exclusive
Negotiating Agreement ("ENA") with respect to the Agency Property for the purpose of
negotiating the terms of a disposition and development agreement for the Agency Property for
the development of an affordable housing project ("Project"); and
WHEREAS, while the Agency and Developer continue to negotiate under the ENA, the
Agency and Developer desire to enter into an Option Agreement ("Option Agreement") to grant
Developer the option to purchase the Agency Property from Agency in order to develop the
Project on the Agency Property in the event that the CRL is amended to prohibit development of
the Project under a disposition and development agreement with the Agency; and
WHEREAS, the City has determined that implementation of the Agreement: (1) is in the
best interest of the City and the Agency and the health, safety and welfare of the City's taxpayers
and residents and is in accordance with the public purposes set fort in the Redevelopment Plan
and the CRL; (2) strengthens the City's land use and social structure; and (3) will assist in
eliminating economic and physical blight in the City; and
WHEREAS, pursuant to CRL Section 33433, the Agency may, with the consent of the
City Council, approve the Option Agreement if the City Council makes certain findings
following a noticed public hearing; and
45636.04000\5864088.1 I
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 Option Agreement to the Agency; (2) the estimated value of the interest to be conveyed;
and (3) an explanation of how the conveyance of the Agency 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 Option Agreement is on file at the Office of the City Clerk;
and
WHEREAS, pursuant to CRL Section 33433, on February 21, 2011 and February 28,
2011, the City caused notice of 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 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 Option Agreement; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Section 21000 et seq. ("CEQA"), and Section 15332, Class 32 of the
State's CEQA Guidelines, the conveyance of the Agency Property is exempt from the provisions
of CEQA because it is an infill development consistent with the City's General Plan designations
and policies as well as zoning designations and regulations; is less than five acres in size; the
Agency Property has no value as habitat for biological resources; is adequately served by all
required utilities and public services; and creates no significant traffic, noise, air quality or water
quality impacts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as
follows:
Section 1. Approval of 33433 Report. The City Council finds and determines, based on
the information made available in the Summary Report, the staff report accompanying this
Resolution and any oral presentation of staff, and other written and oral evidence presented to the
Agency at or prior to the public hearing regarding the Agreement, that, pursuant to Health and
Safety Code Section 33433:
(a) The disposition of the Agency Property by the Agency to Developer under
the Option Agreement will assist in the elimination of blight by providing for the redevelopment
of vacant and/or underutilized Property;
(b) The disposition of the Agency Property under the Option Agreement is
consistent with the implementation plan adopted by the Agency for the Project Area;
(c) The consideration received by the Agency for the disposition of the
Agency Property to Developer is not less than the fair reuse value of the Property at the use and
with the covenants and conditions and development costs authorized by the Option Agreement.
45636.04000\5864088.1 2
Section 2. Approval of Option Agreement. The City Council hereby approves the
Option Agreement together with non -substantive changes and amendments as may be approved
by the City Manager and the City Attorney.
Section 3. CEQA. The City Council hereby finds and determines that the disposition
of the Agency Property qualifies for a Categorical Exemption pursuant to Section 15332, Class
32 of the State CEQA Guidelines and directs the City Clerk to file all appropriate notices under
CEQA with the Clerk of the Board of Supervisors of Los Angeles County within five (5) days
following the date of adoption of this Resolution
Section 4. 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 Option
Agreement.
Section 5. 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 7th day of March, 2011.
/t-�1 A124
seph 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 7 day of March, 2011.
AYES:
COUNCILMEMBERS:
GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
ABSENT:
/COUNCILMEMBERS:
NONE
Vera Mendoza, City Clerk
45636.04000\5864088.1
EXHIBIT "A"
Legal Description of Agency Property
ADDRESS
APN
DESCRIPTION
Lot 3 of Tract Map No. 27346, in the City of Azusa, County
641 N. Glenfinnan Avenue
8612-001-905
of Los Angeles, State of California, as per map filed in
Book 699, Pages 22 to 23, inclusive, of maps, in the office
of the County Recorder of said County
Lot 4 of Tract Map No. 27346, in the City of Azusa, County
633 N. Glenfinnan Avenue
8612-001-915
of Los Angeles, State of California, as per map filed in
Book 699, Pages 22 to 23, inclusive, of maps, in the office
of the County Recorder of said County
Lot 5 of Tract Map No. 27346, in the City of Azusa, County
629 N. Glenfinnan Avenue
8612-001-920
of Los Angeles, State of California, as per map filed in
Book 699, Pages 22 to 23, inclusive, of maps, in the office
of the County Recorder of said County
Lot 33 of Tract Map No. 27346, in the City of Azusa,
630 N. Glenfinnan Avenue
8612-001-911
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 35 of Tract Map No. 27346, in the City of Azusa,
606 N. Glenfinnan Avenue
8612-001-063
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 8 of Tract Map No. 27346, in the City of Azusa, County
600 E. 6th Street
8612-001-906
of Los Angeles, State of California, as per map filed in
Book 699, Pages 22 to 23, inclusive, of maps, in the office
of the County Recorder of said County
Lot 9 of Tract Map No. 27346, in the City of Azusa, County
610 E. 6th Street
8612-001-912
of Los Angeles, State of California, as per map filed in
Book 699, Pages 22 to 23, inclusive, of maps, in the office
of the County Recorder of said County
Lot 11 of Tract Map No. 27346, in the City of Azusa,
630 E. 6`h Street
8612-001-020
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 15 of Tract Map No. 27346, in the City of Azusa,
670 E. 6" Street
8612-001-919
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 23 of Tract Map No. 27346, in the City of Azusa,
County of Los Angeles, State of California, as per map filed
616 N. Cedarglen Drive
8612-001-907
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 24 of Tract Map No. 27346, in the City of Azusa,
County of Los Angeles, State of California, as per map filed
628 N. Cedarglen Drive
8612-001-908
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
45636.04000\5864088.1 4
ADDRESS
APN
DESCRIPTION
Portions of Lots 36 and 37 of Tract Map No. 27346, in the
601 N. Cedarglen Drive
8612-001-916
City of Azusa, County of Los Angeles, State of California,
as per map filed in Book 699, Pages 22 to 23, inclusive, of
maps, in the office of the County Recorder of said County
Portions of Lots 36, 37, and 38 of Tract Map No. 27346, in
the City of Azusa, County of Los Angeles, State of
615 N. Cedarglen Drive
8612-001-917
California, as per map filed in Book 699, Pages 22 to 23,
inclusive, of maps, in the office of the County Recorder of
said County
Portions of Lot 38 of Tract Map No. 27346, in the City of
627 N. Cedarglen Drive
8612-001-918
Azusa, County of Los Angeles, State of California, as per
map filed in Book 699, Pages 22 to 23, inclusive, of maps,
in the office of the County Recorder of said County
Lot 39 of Tract Map No. 27346, in the City of Azusa,
630 N. Cedarglen Drive
8612-001-910
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23; inclusive, of maps, in the
office of the County Recorder of said County
Lot 31 of Tract Map No. 27346, in the City of Azusa,
611 E. Lime Street
8612-001-913
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 30 of Tract Map No. 27346, in the City of Azusa,
627 E. Lime Street
8612-001-909
County of Los Angeles, State of California, as per map filed
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
Lot 28 of Tract Map No. 27346, in the City of Azusa,
County of Los Angeles, State of California, as per map filed
645 E. Lime Street
8612-001-914
in Book 699, Pages 22 to 23, inclusive, of maps, in the
office of the County Recorder of said County
45636.0400015864088.1