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Home My WebLink AboutE-08 Costanzo 37420CONSENT ITEM E-8 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: FEBRUARY 6, 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 826, 858, 832, and 830 N. Azusa Avenue, AZUSA, CALIFORNIA (ASSESSORS PARCEL NO. . 8608-025-902, 8608- 025-906, 8608-025-907 and 8608-025-910) TO COSTANZO INVESTMENTS, LLC PURSUANT TO GOVERNMENT CODE §37420 ET SEQ. SUMMARY: The City and the Successor Agency to the former Redevelopment Agency are owners of several parcels generally located on N. Azusa Avenue in the City (APNs 8608-025-902, 8608-025-906, 8608-025-907 and 8608-025-910) (“Property”). Pursuant to the Long Range Property Management Plan, the Successor Agency desires to sell its portion of the Property to Costanzo Investments, LLC (“Developer”) expeditiously and in a manner aimed at maximizing value. The City additionally negotiated with Developer for the sale of a portion of the Property owned by City for a commercial development. Staff is recommending that the City Council and Successor Agency enter into agreements with Developer, to allow the parties to sell the Property to Developer and for the City to ensure the development of the Property in accordance with the Agreement. Prior to doing that it is necessary for the City to adopt the attached resolution finding that public interest and convenience is served by selling the property for economic development purposes. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Adopt Resolution No. 2017-C10 making the required findings and setting the public hearing for March6, 2017 Regular City Council Meeting. APPROVED COUNCIL MEETING 2/6/2017 Public Hearing for Costanzo Investments February 6, 2017 Page 2 DISCUSSION: The City and Developer are interested in developing the Property as a commercial development. By entering into the agreements, the City, the Successor Agency and the Developer intend to for the Successor Agency to sell the Agency’s portion of the Property to Developer expeditiously and in a manner aimed at maximizing value, and for the City to sell the City’s portion of the Property to Developer and ensure that Developer develops the Property. The City shall enforce all rights and obligations associated with the development of the Successor Agency land, in addition to the City land, after the close of escrow to Developer. For the City’s portion of the Property, in accordance with California Government Code §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 public interest and convenience require the sale of the property and proceed with the sale of the Property. California Government Code §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 §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 making the findings and setting the hearing for March 6, 2017 Regular City Council Meeting. 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: Troy L. Butzlaff, ICMA-CM City Manager Attachments: 1) Resolution No. 2017-C10 1 45635.01000\29537859.1 RESOLUTION NO. 2017-C10 A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE OF THAT CERTAIN REAL PROPERTY LOCATED AT 826, 858, 832, AND 830 N. AZUSA AVENUE, AZUSA, CALIFORNIA (ASSESSORS PARCEL NO. . 8608-025-902, 8608-025-906, 8608-025-907 and 8608-025-910) TO COSTANZO INVESTMENTS, 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 loca ted at 826, 858, 832, and 830 N. Azusa Avenue in the City of Azusa, California (Assessor Parcel No. 8608-025-902, 8608-025-906, 8608- 025-907 and 8608-025-910) (“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 convey ance 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 con veyance, 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 Costanzo Investments, LLC for economic development of the Property. The property has been underutilized as a parking lot for many years and has become a blight on the community. The proposed use of the property will allow for continued use as a parking lot and provided for the development of the site. . 2 45635.01000\29537859.1 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 Costanzo Investments, LLC on March 6, 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 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 publi shed and circulated in the City. Section 3. Time of Final Action. The City shall take final action regarding conveyance of the Property to Costanzo Investments, LLC. on March 6, 2017, following the public hearing described in Section 2 of this Resolution. Section 4. Description of the Property. The Property is generally located at 826, 858, 832, and 830 N. Azusa Avenue , in the City of Azusa, specifically identified by Assessor Parcel No. 8608-025-902, 8608-025-906, 8608-025-907 and 8608-025-910 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” 45635.01000\29537859.1 Exhibit “A” Property Depiction