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RESOLUTION NO. 6452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, MAKING CERTAIN FINDINGS
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33433 IN CONNECTION WITH AND APPROVING
THE SALE OF PROPERTY PURSUANT TO A LAND
ASSEMBLY AND DEVELOPMENT AGREEMENT AMONG
THE ARCADIA REDEVELOPMENT AGENCY, PAUL P.
RUSNAK AND RUSNAK/ARCADIA
WHEREAS, the City Council of the City of Arcadia ("City") approved and adopted a
redevelopment plan ("Redevelopment Plan") for the redevelopment project area known as the
"Central Redevelopment Project" ("Project Area"), on December 26, 1973, by Ordinance
Number 1490, as last amended on October 7, 2003, by Ordinance Number 2181; and
WHEREAS, the Arcadia Redevelopment Agency ("Agency") is engaged in activities to
execute and implement the Redevelopment Plan for the Project Area pursuant to the provisions
of California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.)
("CRL"); and
WHEREAS, Paul P. Rusnak, as trustee of the Paul P. Rusnak Family Trust, dated
November 18, 1988 ("Owner"), and Rusnak! Arcadia, a California corporation ("Operator"), own
and operate a new and used automobile dealership and automobile service center located at 55
West Huntington Drive in the Project Area ("Dealership"); and
WHEREAS, the Owner and the Operator desire to acquire and develop five (5) parcels of
property located within the Project Area in proximity to the existing Dealership ("Expansion
Site") in order to expand the existing Dealership facilities and services ("Expansion Project");
and
WHEREAS, the Agency, the Owner and the Operator have negotiated the terms of a
proposed 2004 Land Assembly and Development Agreement ("Agreement") that provides,
among other things: (i) that the Agency will use its reasonable best efforts to acquire the
Expansion Site and convey the Expansion Site to the Owner, and (ii) that the Owner will acquire
the Expansion Site from the Agency and develop the Expansion Project on the Expansion Site
pursuant to the terms and conditions of the Agreement; and
WHEREAS, the Agency has presented the Agreement to the City Council for
consideration pursuant to Health and Safety Code Section 33433; and
WHEREAS, a copy of the Agreement is and has been on file with the Agency Assistant
Secretary, at the Agency's office, and available to the public for inspection since November II,
2004; and
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WHEREAS, Health and Safety Code Section 33433 requires that the City Council first
approve any sale of property by the Agency, where the property was or is to be acquired, directly
or indirectly, with tax increment monies; and
WHEREAS, pursuant to CRL Section 33433, Agency has prepared a summary report
("Report") summarizing, among other things, the cost of the Agreement to Agency, the estimated
value of the interest to be conveyed, and an explanation of how the acquisition and conveyance
of the Expansion Site will assist in the elimination of blight within the Project Area and
including a copy of the Agreement; and
WHEREAS, the Report is and has been on file with the Agency Assistant Secretary at the
Agency's office and available to the public for inspection since November II, 2004, in
accordance with CRL Section 33433; and
WHEREAS, .pursuant to CRL Section 33433, the City Council held a duly noticed joint
public hearing with the Agency, on December 7, 2004, to consider the proposed Agreement; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the recitals set forth above are true and correct.
SECTION 2. Prior to the public hearing following which this Resolution was adopted,
the City Council received and reviewed the Initial Study, the Mitigated Negative Declaration
("MND") and Mitigation Monitoring Program ("MMP") prepared by the Agency regarding the
Agreement and Expansion Project contemplated under the Agreement.
SECTION 3, The City Council finds and determines that the Initial Study, MND and
MMP were all prepared pursuant to the requirements of CEQA, the State CEQA Guidelines and
the Agency's Local CEQA Guidelines.
SECTION 4. The City further finds and determines that it is a "responsible agency"
under CEQA, pursuant to Public Resources Code Section 21069 and Title 14 California Code of
Regulations Section 15381.
SECTION 5. The City further finds and determines that there are no significant
environmental effects or any differences in the severity of environmental effects associated with
the Agreement or the Expansion Project contemplated under the Agreement from those assessed
in the MND that would require additional environmental review, pursuant to California Public
Resources Code Section 21060 or Title 14 California Code of Regulations Sections 15162 or
15163.
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SECTION 6. In accordance with Public Resources Code Section 21069 and Title 14
California Code of Regulations Section 15381, the City independently reviewed the Initial Study,
MND and MMP prepared by the Agency. The City hereby finds that the Initial Study and MND
adequately describe the Expansion Project contemplated under the Agreement and assess all of
the potential significant environmental effects or impacts of the Expansion Project.
SECTION 7. The City Council authorizes and directs the City Clerk to file a Notice of
Determination regarding the approval of the Agreement in this Resolution with the Clerk of the
Board of Supervisors of Los Angeles, County, California, within five (5) days of the date of
adoption of this Resolution.
SECTION 8. The City Council finds and determines that the Agreement will assist in
the elimination of one or more blighting conditions within the Project Area, as set forth in the
Report.
SECTION 9. The City Council finds and determines that the Agreement is consistent
with the implementation plan adopted for the Redevelopment Plan pursuant to CRL Section
33490.
SECTION 10, The City Council finds and determines that the consideration to be paid
by Paul P. Rusnak to the Agency for the purchase of the subject property pursuant to the terms of
the Agreement is not less than the fair reuse value of the subject property at the use and with the
covenants and conditions and development costs authorized by the sale pursuant to the terms of
the Agreement.
SECTION II. The City Council approves the Agreement and the Agency's entry into the
Agreement.
SECTION 12. This Resolution shall take effect immediately upon its adoption.
Passed, approved and adopted this 4 th day of
January
,~2005.
ATTEST:
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APPROVED AS TO FORM
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Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6452 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 4th day of January, 2005 and that said Resolution
was adopted by the following vote, to wit:
A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
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ity Clerk of the City of Arcadia
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