HomeMy WebLinkAboutD-4 Staff Report - re Charvat 37420SCHEDULED ITEM
D-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: STEPHAN E. HUNT, CHIEF OF POLICE/ACTING CITY MANAGER
FROM: KURT CHRISTIANSEN, DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
DATE: JULY 17, 2017
SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA,
SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE OF THAT
CERTAIN REAL PROPERTY LOCATED AT 17511 ARROW HIGHWAY, AZUSA,
CALIFORNIA (ASSESSORS PARCEL NO. 8621-024-905) TO CHARVAT FAMILY,
LLC PURSUANT TO GOVERNMENT CODE SECTION 37420 ET SEQ
SUMMARY:
The City is owner of a parcel generally located at 17511 E. Arrow Highway in the City (APN 8621-024-
905) (“Property”). The City was transferred the property pursuant to the Department of Finance
approved Long Range Property Management Plan for the future sale of the Property to Charvat Family,
LLC (Developer) pursuant to the former Redevelopment Agency Disposition and Development
Agreement between the RDA and the Developer. The proposed action adopts Resolution No. 2017-C52
finding that public interest and convenience is served by selling the property for economic development
purposes.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Adopt Resolution No. 2017-C52 making the required findings and setting the public hearing for
August 21, 2017.
DISCUSSION:
Pursuant to the Disposition and Development Agreement (DDA), the Developer had the option to
purchase the Property under certain circumstances. The Developer has exercised the option and the City
is now in the position to sell the property. For the City’s Property to be sold, in accordance with
California Government Code Section 37420 et seq., the City must hold a public hearing to accept any
written protests received from interested parties and, if no protests are received, or if the City Council
votes to overrule a protest by a 4/5 majority, the City Council may adopt a resolution finding that the
APPROVED
CITY COUNCIL
7/17/2017
Charvat Family, LLC
July 17, 2017
Page 2
public interest and convenience require the sale of the property and proceed with the sale of the
Property. California Government Code Section 37421 provides that when the City finds that the public
interest and convenience require the conveyance of City property, the City may adopt a resolution
stating such finding and intention to convey the property. Additionally, 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.
To comply with these provisions, Staff recommends adoption of the attached resolution (Attachment 1)
making the findings and setting the hearing for August 21, 2017.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed and Approved:
Kurt E. Christiansen, FAICP Louie F. Lacasella
Economic and Community Development Director Management Analyst
Reviewed and Approved:
Stephan E. Hunt
Chief of Police/Acting City Manager
Attachments:
1) Resolution No. 2017-C52
1
45635.09000\29921521.2
RESOLUTION NO. 2017-C52
A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA,
SETTING A PUBLIC HEARING TO CONSIDER THE
CONVEYANCE OF THAT CERTAIN REAL PROPERTY
LOCATED AT 17511 E. ARROW HIGHWAY, AZUSA
(APN 8621-024-905) TO CHARVAT FAMILY, LLC
PURSUANT TO GOVERNMENT CODE SECTION 37420
ET SEQ.
WHEREAS, the City of Azusa, a California municipal corporation (“City”), is the
owner of real property generally located at 17511 E. Arrow Highway, Azusa (Assessor
Parcel No. 8621-024-905) (“Property”); and
WHEREAS, California Government Code Sections 37420 through 37430
authorize the City to dispose of public property; and
WHEREAS, California Government Code Section 37421 provides that when the
City finds that the public interest and convenience require the conveyance of City
property, the City may adopt a resolution stating such finding and intention to convey
the 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, California Government Code Section 37423 requires publication of
this Resolution in a daily newspaper circulated in the City and posting of this Resolution
in three conspicuous locations on the Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa,
California, as follows:
Section 1. Findings. The City finds that the public interest and convenience
require conveyance of the Property to Charvat Family, LLC. for economic development
of the Property. The property has been underutilized as a vacant lot for many years.
The proposed use of the property will allow for continued use as a parking lot and
provided for better use of the adjacent site.
Section 2. Notice of Hearing. A public hearing will be held by the City to hear
any protests regarding the conveyance of the Property by the City to Charvat Family,
LLC. on August 21, 2017, at 7:30 p.m., in the City Council Chambers located at 213 E
Foothill Blvd., Azusa, CA or as soon thereafter as the matter may be heard. The City
hereby authorizes and directs the City Clerk to post copies of this Resolution for not less
2
45635.09000\29921521.2
than ten (10) days in at least three (3) conspicuous places on the Property and publish
this Resolution at least once in a daily newspaper published and circulated in the City.
Section 3. Time of Final Action. The City shall take final action regarding
conveyance of the Property to Charvat Family LLC. on August 21, 2017, following the
public hearing described in Section 2 of this Resolution.
Section 4. Description of the Property. The Property is generally located at
17511 E. Arrow Highway in the City of Azusa, specifically identified by Assessor Parcel
No. 8621-024-905 and depicted in Exhibit “A” attached to this Resolution.
Section 5. Certification; Effectiveness. The City Clerk shall certify to the
adoption of this Resolution. This Resolution shall become effective immediately upon
its adoption.
APPROVED AND ADOPTED this __th day of ________.
_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
Exhibit “A”
45635.09000\29921521.2
Exhibit “A”
Property Depiction