HomeMy WebLinkAboutResolution No. 14-C38RESOLUTION NO. 14-C38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE
REQUIRE THE SALE OF CERTAIN REAL PROPERTY AND
DECLARING ITS INTENT TO SELL SUCH PROPERTY
WHEREAS, the City of Azusa ("City") currently owns in fee that certain real property
owned by the City generally located at 229 S. Azusa Ave in the City (APNs 8614-014-918;
8617-014-919; 8614-014-920) and legally described in Exhibit "A" attached to this resolution
and incorporated by reference herein (the "Property"); and
WHEREAS, the City desires to sell the Property by entering into a Disposition and
Development Agreement ("DDA") with Net Development Co, Inc., a California corporation
("Net Development"), to, among other things, convey the Property to Net Development to
develop the Property as a business -class hotel and one (1) associated restaurant separate from the
hotel for purposes of economic development; and
WHEREAS, California Government Code Sections 37420 through 37430 authorize the
City to dispose of property; and
WHEREAS, California Government Code Section 37421 provides that when the
legislative body of a city finds that the public interest and convenience require the sale of public
buildings and sites dedicated to public use, it may adopt a resolution of its finding and intention
to sell such property; and
WHEREAS, California Government Code Section 37422 provides that such resolution
shall fix a time for hearing protests to the property conveyance, provide for publication of notice
of the hearing, fix the time when the City will take final action regarding the property
conveyance; and contain an accurate description of the property to be conveyed; and
WHEREAS, pursuant to Government Code section 65402, the proposed disposition of
the Property pursuant to the DDA shall be presented to the City's Planning Commission
("Planning Commission"), and such disposition shall be contingent on a finding by the Planning
Commission that the conveyance of the Property from City to Net Development is in
conformance with the City's general plan; and
WHEREAS, the City wishes to declare its intent to dispose of and convey the Property
pursuant to the terms of the DDA, fix a time for the hearing of any protests to the disposition,
provide for publication of the notice of said hearing, and fix the time for final action on the
disposition of the Property and approval of the DDA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and
are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council of the City hereby finds and determines that
public convenience and necessity require the sale of the Property. The factors demonstrating that
the public convenience and necessity require the sale of the Property include, but are not limited
to the following: the Property will be utilized by Net Development as a business -class hotel and
conference center facility and one (1) associated restaurant separate from the hotel and
conference facility for purposes of economic development, which will create or maintain jobs
within the City and alleviate conditions of economic and physical blight in the City, all of which
benefit the health, safety and welfare of the City.
SECTION 3. Declaration of Intent to Sell; Fixing of Hearing. The City Council of
the City hereby declares its intent to sell the Property pursuant to the DDA and fixes July 8, 2014
at 7:30 pm at City Council Chambers located at 213 E. Foothill Blvd., Azusa CA 91702 as the
date, time and location for hearing any protests to the proposed sale of the Property, approval of
the DDA, and as the final action date.
SECTION 4. Publication and Posting. In compliance with California Government
Code section 37423, the City Council of the City hereby directs City staff to publish this
resolution at least once in a daily newspaper prior to July 8, 2014 and to post this Resolution for
not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to July
8, 2014.
SECTION 5. CEQA. PUT IN LANGUAGE FOR YOUR CEQA EXEMPTION.
SECTION 6. Severability. If any provision of this Resolution is held invalid, the
remainder of this Resolution shall not be affected by such invalidity, and the provisions of this
Resolution are severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately upon
its adoption.
PASSED, APPROVED and ADOPTED this 16`' day of June, 2014.
/Zt'� A�
seph Romero Rocha
ayor
ATTEST:
XWLO�Ace'Comejo'
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 14-C38 was duly adopted by
the City Council of the City of Azusa at a regular meeting thereof, held on the 16`" day of June,
2014, by the following vote of Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
Marc A. Martinez
Best est & Krieger LLP
City Attorney
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EXHIBIT "A"
TO
RESOLUTION NO. 14-C38
Legal Description of Property
APNs 8614-014-918; 8617-014-919; 8614-014-920
REAL PROPERTY IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
Lots 13 through 19, and portion of Lot 20, Tract No. 13641, per map recorded in Book 328,
Pages 18 and 19 of Maps, and Portions of Lots 4 through 8, Tract no. 13426, per map recorded in
Book 268, Page 40 of Maps, in the office of the County Recorder, County of Los Angeles,
California
[APN 8614-014-9181
[APN 8614-014-9191
[APN 8614-014-9201
M