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Home My WebLink AboutE-09 Block 36_serrano 37420CONSENT ITEM E-9 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 SOUTHEAST CORNER OF AZUSA AVENUE AND FOOTHILL BOULEVARD, AZUSA, CALIFORNIA (ASSESSORS PARCEL NO. 8611-003-921) TO AZUSA CAPITAL, LLC PURSUANT TO GOVERNMENT CODE §37420 ET SEQ. SUMMARY: The City is owner of a parcel generally located at the southeast corner of Azusa Avenue and Foothill Boulevard, in the City (APN 8611-003-921) (“Property”). The City has listed the property for sale and has received a proposal from Azusa Block 36, LLC (“Developer”) for a commercial development. Staff is recommending that the City Council enter into a Disposition and Development Agreement 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 th e property for economic development purposes. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Adopt Resolution No. 2017-C11 making the required findings and setting the public hearing for March 6, 2017 Regular City Council Meeting. DISCUSSION: The City and Developer are interested in developing the Property as a commercial development. By entering into the DDA, the City and the Developer intend for the City to sell the Property to Developer and ensure that Developer develops the Property in accordance with the DDA. The City shall enforce all rights and obligations associated with the development of the land after the close of escrow to Developer. APPROVED COUNCIL MEETING 2/6/2017 Public Hearing for Azusa Block 36 February 6, 2017 Page 2 For the City’s Property to be sold, 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, th e 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-C11 1 45635.01000\29537963.1 RESOLUTION NO. 2017-C11 A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE OF THAT CERTAIN REAL PROPERTY LOCATED AT SOUTHEAST CORNER OF AZUSA AVENUE AND FOTTHILL BOULEVARD, AZUSA, CALIFORNIA (ASSESSORS PARCEL NO. 8611-003-921) TO AZUSA BLOCK 36, 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 southeast corner of Azusa Avenue and Foothill Boulevard in the City of Azusa, California (Assessor Parcel No. 8611-003-921) (“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 Azusa Block 36, 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. . 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 Azusa Block 36, 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 published and circulated in the City. 2 45635.01000\29537963.1 Section 3. Time of Final Action. The City shall take final action regarding conveyance of the Property to Azusa Block 36, 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 southeast corner of Azusa Avenue and Foothill Boulevard in the City of Azusa, specifically identified by Assessor Parcel No. 8611-003-921 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\29537963.1 Exhibit “A” Property Depiction