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HomeMy WebLinkAbout6605RESOLUTION NO. 6605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA TO THE CHURCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND ~ JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AND THE CHURCH IN ARCADIA AND MAKING CERTAIN FINDINGS REQUIRED BY LAW WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seJc .) ("CRL"), the City Council ("City Council") of the City of Arcadia ("City") approved and adopted the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan"), which is applicable to a certain geographic area within the City ("Project Area"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, the Agency owns a parcel of real property within the City that is located outside the Project Area, consisting of approximately 1.214 acres with the street address of 630 East Live Oak Avenue and identified as a portion of Assessor Parcel Number 8571-012-903 ("Live Oak Property"); and WHEREAS, the Agency desires to acquire certain real property within the Project Area owned by the Church in Arcadia ("Church") and consisting of approximately 44,000 square feet with a street address of 21 Morlan Place and identified as Assessor Parcel Number 5775-025-026 ("Morlan Place Property"); and WHEREAS, the Agency intends to use the Morlan Place Property for the purpose of redevelopment within the Project Area; and WHEREAS, the Agency and the Church have negotiated the terms of an agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" ("Agreement") providing for; among other things, the transfer by the Agency of the Live Oak Property and additional consideration to the Church, including payment of certain interim costs during the relocation of the Church's facilities, in exchange for the transfer to the Agency of the Morlan Place Property; and WHEREAS, the Agency has determined that implementation of the Agreement: (1) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set forth in the Redevelopment Plan and CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and -2- 6605 WHEREAS, pursuant to Government Code Section 65402, the Planning Commission of the City has determined by issuance of CUP 07-12 and Architectural Design Review No. ADR 07-21 to the Church, by resolution dated January 8, 2008, that the location, purpose, extent and development of new Church facilities on the Live Oak Property to be transferred to the Church are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with Agency's sale of the Live Oak Property that was acquired with Agency tax increment revenue; and WHEREAS, pursuant to CRL Section 33433, the Agency has prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Live Oak Property to be conveyed; (3) an explanation of how the acquisition of the Morlan Place Property and conveyance of the Live Oak Property will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement. The Agency has made the Summary Report available for public inspection in accordance with CRL Section 33433; and WHEREAS, pursuant to CRL Section 33433, on January 14 and January 21, 2008 the Agency caused notice of the a joint public hearing of the City Council -3- 6605 and the Agency's Governing Board to be published in a newspaper of general circulation within the City; and WHEREAS, pursuant to the provisions of CRL Section 33433, on February 5, 2008, the City Council and the Agency's Governing Board held a duly noticed joint public hearing regarding the proposed Agreement; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City prepared an Initial Study and determined that there is no substantial evidence that the approval of CUP 07-12 and Architectural Design Review No. ADR 07-21 for the development of Church facilities on the Live Oak Property would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, the Agency does not currently propose any development of the Morlan Place Property, so it can be seen with certainty that there is no possibility that the Agency's acquisition of the Morlan Pace Property may have any significant effect on the environment and, as a result, no CEQA review of this property acquisition is required. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -4- 6605 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. The City Council finds and determines, based on the information made available in the Summary Report, the staff report accompanying this Resolution, the oral presentation of staff, and the other written and oral evidence presented to the City at or prior to the public hearing regarding the Agreement, that, pursuant to CRL Section 33433: (i) The conveyance of the Live Oak Property by the Agency to the Church will assist in the elimination of blight by providing the opportunity to redevelop the dilapidated and economically underutilized Morlan Place Property and providing for the development of the underutilized Live Oak Property; (ii) The acquisition of the Morlan Place Property is consistent with the implementation plan adopted by the Agency for the Project Area; and (iii) The consideration to the Agency for the transfer of the Live Oak Property to the Church is not less than the fair reuse value of the Live Oak Property with the covenants, conditions and development costs authorized by the sale. "5_ 6605 SECTION 2. The City Council approves the Agreement in substantially the form attached to the Summary Report, together with non- substantive changes and amendments as may be approved by both the City Manager and the City Attorney. SECTION 3. The City Council determines that, pursuant to the Negative Declaration prepared by the City, there is no substantial evidence that the disposition of the Live Oak Property for the development of Church facilities would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law. SECTION 4. The City Council further determines that its acquisition of the Morlan Place Property is exempt from environmental review under CEQA because it can be seen with certainty there is no possibility that such land acquisition may have any significant effect on the environment, as there is no development project currently proposed for the property. SECTION 5. The City Council authorizes and directs the City Clerk to file all appropriate notices under CEQA with the Clerk of the Board of Supervisors of Los Angeles County regarding the CEQA determinations by the City contained in this Resolution within five (5) days following the date of adoption of this Resolution. -6- 6605 SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution. SECTION 7. This Resolution shall take effect immediately upon its adoption. Passed, approved and adopted this sch day of February , 2008. ~~ S Mayor of the ty of adia - ATTEST: ~~-.__ ity~the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -~~ 6605 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. 6605 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 5th day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council Member Amundson ~ ,~ ~,. ity Clerk of the City of Arcadia -8- 6605