The URL can be used to link to this page

Home My WebLink AboutE-15 Staff Report for PerfTruck Resolution of Convenience re Sale of Property CONSENT ITEM E-15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: KURT CHRISTIANSEN, FAICP, DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: APRIL 3, 2017 SUBJECT: ADOPT RESOLUTION FINDING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF CERTAIN CITY PROPERTY AND SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE OF THE PROPERTY SUMMARY: City staff has been in negotiations with Performance Truck LLC. (“Performance Truck”) regarding the sale of that certain real property owned by the City generally located at 943 Vernon Avenue in the City (APN 8605-015-907) (“Property”). In order to facilitate the sale of the Property a Disposition and Development Agreement (“DDA”) with Performance Truck has been prepared. The proposed action approves a Resolution finding that it is in the public interest to sell such property and setting a public hearing for April 17, 2017 to approve the DDA. RECOMMENDATION: Staff recommended that the City Council take the following action: 1) Adopt, by majority vote, that certain Resolution No. 2017-C24 entitled “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” for the property located at 943 Vernon Avenue in the City and Setting a Public Hearing for April 17, 2017 to Consider the Conveyance of the Property. BACKGROUND: City staff has been in negotiations with Performance Truck LLC. (“Performance Truck”) regarding the sale of that certain real property owned by the City generally located at 943 Vernon Avenue in the City (APN 8605-015-907) (“Property”). Performance Truck plans to use the APPROVED CITY COUNCIL Date: 4/3/2017 Performance Truck LLC April 3, 2017 Page 2 Property to expand their existing facility for heavy equipment maintenance and repair, as well as to facilitate the retrofitting of commercial passenger vehicles that they manufacture overseas and sell here in the United States. The Disposition and Development Agreement (“DDA”) with Performance Truck establishes the terms and conditions of the sale, as well as sets forth their obligations, including all required parking, all required or associated on-site and off-site improvements, all hardscape and all landscaping, and performance schedule to complete the project. The California Government Code authorizes the City Council to sell the Property pursuant to the DDA upon the City Council adopting a resolution finding that the public interest and convenience require the sale and declaring the intention to sell such Property (“Resolution of Intent”). The Government Code requires that the Resolution of Intent fix a time for hearing protests to the sale of the Property; 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. The Government Code also requires that the DDA be presented to the City's Planning Commission for a finding that the conveyance of the Property from City to Performance Truck is in conformance with the City's General Plan. In the attached Resolution of Intent, the City declares its intent to dispose of and convey the Property pursuant to the terms of the DDA (subject to a finding by the Planning Commission that the sale is in conformance with the City’s General Plan), fixes a time for the hearing of any protests to the disposition, provides for publication of the notice of said hearing, and fixes the time for final action on the disposition of the Property and approval of the DDA. The Resolution of Intent also makes the findings that the public interest and convenience require the sale of the Property because the Property will be utilized by Performance Truck as an expansion of their existing business 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. FISCAL IMPACT: The City would realize revenue from the sale of the Property as well as any associated revenue from the forthcoming development to be constructed on the Property. Prepared by: Reviewed and Approved: Kurt E. Christiansen, FAICP Louie F. Lacasella Economic and Community Development Director Management Analyst Reviewed and Approved: Troy L. Butzlaff, ICMA-CM City Manager Attachment: 1) Resolution No. 2017-C24 1 16498.10009\29636932.1 RESOLUTION NO. 2017-C24 A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, FINDING THAT PUBLIC INTEREST AND CONVENIENCE REQUIRE THE SALE OF THAT CERTAIN REAL PROPERTY LOCATED AT 943 VERNON AVENUE (APN 8605-015-907) AND SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE OF THE PROPERTY, WHEREAS, the City of Azusa, a California municipal corporation (“City”), is the owner of real property generally located at 943 Vernon Avenue in the City of Azusa, California (Assessor Parcel No. 8605-015-907) (“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 Performance Truck Repair, LLC for the economic development of the Property. The property has been underutilized for many years and is located adjacent to Performance Truck Repair’s existing operations. The proposed use of the property will allow for the expansion of an important business within the City, job and sales tax growth opportunities and provided for the development of the 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 Performance Truck Repair, LLC on April 17, 2017, at 7:00 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 2 16498.10009\29636932.1 City hereby authorizes and directs the City Clerk to post copies of this Resolution for not less 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 Performance Truck Repair, LLC. on April 17, 2017, following the public hearing described in Section 2 of this Resolution. Section 4. Description of the Property. The Property is generally located at 943 Vernon Avenue, in the City of Azusa, specifically identified by Assessor Parcel No. 8605-015-907 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” 16498.10009\29636932.1 Exhibit “A” Property Depiction