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Home My WebLink AboutE-5 Staff Report - Declaration to Sell Property_736 and 740 AngelenoCONSENT ITEM E-5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: APRIL 18, 2022 SUBJECT: DECLARATION THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE CONVEYANCE OF CERTAIN REAL PROPERTY LOCATED AT 736 AND 740 NORTH ANGELENO AVENUE (ASSESSOR’S PARCEL NUMBERS 8608-021-901 AND 8608-021-902), DECLARING THE CITY’S INTENT TO CONVEY SUCH PROPERTY, AND SETTING A PUBLIC HEARING TO CONSIDER CONVEYANCE BACKGROUND: City staff have been in negotiations with San Gabriel Valley Habitat for Humanity, Inc. (“Habitat”) regarding the disposition of City owned property located at 736 and 740 North Angeleno Avenue (“Property”). The Property would be conveyed to Habitat while utilizing a Disposition and Development Agreement (“DDA”) for the creation of four (4) affordable for-sale housing units. The following map shows the subject property. APPROVED CITY COUNCIL 4/18/2022 Declaration of Intent to Convey Real Property – 736 and 740 North Angeleno Avenue April 18, 2022 Page 2 RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1) Find that the declaration of intent to dispose of the property located at 736 and 740 North Angeleno Avenue is exempt from environmental review pursuant to the California Environmental Quality Act; and 2) Adopt Resolution No. 2022-C31 declaring that the public interest and convenience require the conveyance of property identified as 736 and 740 North Angeleno Avenue (Assessor Parcel Numbers 8608-021-901 and 8608-021-902), declaring the City’s intent to convey, and setting a public hearing to consider conveyance. ANALYSIS: The California Government Code authorizes the City Council to convey 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, at any time prior to the close of escrow, that the DDA be presented to the Planning Commission for a finding that the conveyance from the City to Habitat is in conformance with the General Plan. Declaration of Intent to Convey Real Property – 736 and 740 North Angeleno Avenue April 18, 2022 Page 3 In the attached Resolution, the City declares its intent to dispose of and convey the Property pursuant to the terms of the DDA, 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 also makes the findings that the public convenience and necessity require the sale of the Property for purposes of developing affordable housing units to low- or moderate-income persons or families. FISCAL IMPACT: The City would not realize revenue from the sale of the Property as it is being conveyed to San Gabriel Valley Habitat for Humanity, Inc. for zero dollars for the purposes of developing affordable housing for low- or moderate-income persons or families. Prepared by: Reviewed by: Matt Marquez Marco Martinez Economic and Community Development Director City Attorney Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Resolution No. 2022-C31– Declaration of Intent to Convey Real Property RESOLUTION NO. 2022-C31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFONRIA, DECLARING THAT THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE CONVEYANCE OF THE CERTAIN REAL PROPERTY LOCATED AT 736 AND 740 NORTH ANGELENO AVENUE (ASSESSOR PARCEL NUMBERS 8608-021-901 AND 8608-021-902), DECLARING THE CITY’S INTENT TO CONVEY SUCH PROPERTY, AND SETTING A PUBLIC HEARING TO CONSIDER THE CONVEYANCE PURSUANT TO GOVERNMENT CODE SECTION 37421 WHEREAS, the City of Azusa (“City”) hereby finds, determines and declares as follows: WHEREAS, the City owns and controls property located at 736 and 740 North Angeleno Avenue in the City of Azusa, California (Assessor Parcel Numbers 8608-021-027 and 8608-021-902), herein by reference (“Property”); and WHEREAS, California Government Code Section 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, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF AZUSA, AS FOLLOWS: SECTION 1. FINDINGS. The City finds that the public interest and convenience require conveyance of the Property to San Gabriel Valley Habitat For Humanity, INC. for development of housing affordable for persons and families of low- or moderate-income 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 San Gabriel Valley Habitat For Humanity, INC., on May 16, 2022, at 7:30 p.m., in the City Council Chambers located at 213 E Foothill Boulevard, 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. SECTION 3. TIME OF FINAL ACTION. The City shall take final action regarding conveyance of the Property to San Gabriel Valley Habitat For Humanity, INC. on May 16, 2022, following the public hearing described in Section 2 of this Resolution. SECTION 4. DESCRIPTION OF THE PROPERTY. The Property is generally located at 736-740 North Angeleno Avenue in the City of Azusa, specifically identified by Assessor Parcel Nos. 8608-021-901 and 8608-021-902 and depicted in Exhibit “A” attached to this Resolution. SECTION 5. EFFECTIVENESS. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the City shall attest to and certify the vote adopting this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of April, 2022. ____________________________________ Robert Gonzales Mayor ATTEST: ____________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2022-C31 was duly adopted by the City Council, at a regular meeting of said Agency held on the 18nd day of April 2022, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ Marco Martinez City Attorney EXHIBIT A PROPERTY LEGAL DESCRIPTION 736 North Angeleno Avenue, Azusa, California, 91702: LOT 41 AND THAT PORTION OF LOT 40 IN BLOCK 22 OF THE MAP OF AZUSA, IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 93 TO 96, INCLUSIVE OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THAT 20.00 FOOT WIDE ALLEY AS SHOWN ON SAID MAP, WITH THE NORTHERLY RIGHT-OF-WAY OF ATCHISON, TOPEKA AND SANTA FE RAILROAD, 100.00 FEET WIDE AS SHOWN ON TRACT NO. 46762, FILED IN BOOK 1210, PAGES 94 TO 97, INCLUSIVE OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER; THENCE ALONG SAID EASTERLY LINE, NOO°15'25"E 53.35 FEET TO THE NORTHWESTERLY LINE OF DEED RECORDED IN BOOK 634, PAGE 181 OF DEEDS; THENCE LEAVING SAID EASTERLY LINE, N89°441351N 20.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID 20.00 FOOT WIDE ALLEY, SAID POINT BEING THE TRUE POINT BEGINNING; THENCE LEAVING SAID WESTERLY LINE AND CONTINUING, N89°44'35"W 140.00 FEET TO THE EASTERLY LINE OF ANGELENO AVENUE, 80.00 FEET WIDE, AS SHOWN ON SAID MAP; THENCE ALONG SAID EASTERLY LINE, S00°15'25"W 112.93 FEET TO SAID NORTHERLY RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF- WAY, N69°49'59"E 149.39 FEET TO SAID WESTERLY LINE OF THAT 20.00 FOOT WIDE ALLEY; THENCE ALONG SAID WESTERLY LINE, NOO°1525"E 60.80 FEET TO THE TRUE POINT OF BEGINNING. 740 North Angeleno Avenue, Azusa, California, 91702: LOT 40 OF BLOCK 22 IN TRACT AZUSA, AS PER MAP RECORDED IN BOOK 15, PAGES 93 THROUGH 96 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.