Resolution - 9048RESOLUTION NO. 9048
A RESOLUTION OF THE CITY COUNCIL OF WEST
COVINA APPROVING THE SALE OF LAND PURSUANT
TO A DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE WEST COVINA
REDEVELOPMENT AGENCY AND BIRTCHER SENIOR
PROPERTIES, INC. AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
WHEREAS, the West Covina Redevelopment Agency (the "Agency") is engaged in
activities necessary to carry out and implement the Redevelopment Plan (the "Redevelopment
Plan") for the West Covina Redevelopment Project (the "Project"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the Agency
proposes to enter into that certain Disposition and Development Agreement (the "Agreement")
with Birtcher Senior Properties, Inc., a California corporation (the "Developer"), for the
disposition and development of certain property (the "Site"), all as described in the Agreement;
and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et sec.), the Agency is authorized, with the
approval of the City Council after public hearing, to sell the Site for redevelopment pursuant to
the Redevelopment Plan upon a determination by the City Council that the sale of the property
will assist in the elimination of blight and that either (1) the consideration for such sale is not less
than fair market value at its highest and best use in accordance with the Plan, or (2) the
consideration is not less than the fair reuse value at the use and with the covenants and conditions
and development costs authorized by the sale, and
WHEREAS, California Health and Safety Code Sections 33334.2 and 33334.6 authorize
and direct the Agency to expend a certain percentage of all taxes which are allocated to the
Agency pursuant to Section 33670 for the purposes of increasing, improving and preserving the
community's supply of low and moderate income housing available at affordable housing cost to
persons and families of low- and moderate -income, lower income, and very low income; and
WHEREAS, pursuant to applicable law the Agency has established a Low and Moderate
Income Housing Fund (the "Housing Fund"); and
WHEREAS, pursuant to Section 33334.2, in carrying out its affordable housing activities,
the Agency is authorized to convey real property either inside or outside the Project Area and to
provide subsidies to or for the benefit of very low income and lower income households, or
persons and families of low or moderate income, to the extent those households cannot obtain
housing at affordable costs on the open market; and
WHEREAS, the Agency has determined by resolution that the sale of real property
outside of the Project Area for affordable housing purposes is of benefit to the Project Area; and
WHEREAS, pursuant to Section 33413(b), the Agency is required to ensure that at least
15 percent of all new and substantially rehabilitated dwelling units developed within a project
area under the jurisdiction of an agency by private or public entities or persons other than the
agency shall be available at affordable housing cost to persons and families of low or moderate
income; and
• WHEREAS, the Agency is authorized to meet the requirements of Section 33413 by
making available at an affordable housing cost two housing units outside of the project area for
each unit which would be required to be provided within a project area; and
WHEREAS, a joint public hearing of the Agency and City Council on the proposed
Agreement was duly noticed in accordance with the requirements of Health and Safety Code
Section 33433; and
•
WHEREAS, the proposed Agreement, and a summary report meeting the requirements of
Health and Safety Code Section 33433, were available for public inspection consistent with the
requirements of Health and Safety Code Section 33433; and
WHEREAS, on February 1, 1994, the Agency and City Council held a joint public
hearing on the proposed Agreement at which time the Agency and the City Council reviewed and
evaluated the proposed Agreement; the summary prepared pursuant to Health and Safety Code
Section 33433, the staff report prepared on this matter; and all of the information, testimony, and
evidence presented during the joint public hearing; and
WHEREAS, the City Council on January 4, 1994, and the Planning Commission on
December 14, 1994, have approved and certified a negative declaration with respect to the
development of the Site pursuant to the requirements of the California Environmental Quality
Act, and this Agreement is consistent in all respects with the project which was reviewed therein;
and
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the disposition of the Site pursuant thereto is in the best
interests of the City of West Covina and the health, safety, and welfare of its residents, and in
accord with the public purposes and provisions of applicable state and local laws and
requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina as follows:
Section 1. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it, that (a) the consideration for the disposition of the Site
pursuant to the terms and conditions of the Agreement is established at the fair market value of
the Site at its highest and best use in accordance with the Plan, (b) that the sale and development
of the Site will eliminate physical and economic blight within the Project Area by expanding the
supply of housing affordable to low- and moderate -income households in the City, which is of
benefit to the Project Area, and (c) that the sale of the Site and development thereof will be of
benefit to the Project Area.
Section 2. The City Council hereby hereby approves the sale of the Site by the
Agency to the Developer pursuant to the Agreement.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 1st day of February, 1994.
ATTEST:
City Clerk -
APPROVED AS TO FORM:
City'Attorney
PueLA1268_11319IB2740.12
•
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution No. 9048 was introduced and adopted at a regular meeting provided by law
of the City Council of the City of West Covina held on the 1st day of February, 1994, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Herfert, Manners, McFadden, Wong, Jennings
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
eueL:11268_113191 B2740.12 3