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
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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
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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.
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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.
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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.
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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
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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. 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
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6605