Resolution - 2004-67RESOLUTION NO. 2004-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING AND AUTHORIZING THE EXECUTION OF
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION AND
• WEST COVINA HEIGHTS S.C., LLC AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Community Development Commission of the City of West Covina (the
"CDC") is engaged in activities necessary to carry out and implement the Redevelopment Plan as
amended (the "Redevelopment Plan") for the West Covina Redevelopment Project (the
"Project"); and
WHEREAS, the CDC has recently organized and has assumed all duties, obligations and
responsibilities of the Redevelopment Agency of the City of West Covina (the "Agency'), the
predecessor entity of the CDC. When referenced herein or in the Agreement approved by this
resolution, the CDC shall mean and be synonymous with the Agency; and
WHEREAS, in order to carry out and implement such Redevelopment Plan, the CDC
proposes to enter into that certain Disposition and Development Agreement (the "Agreement")
with West Covina Heights S.C., LLC (the "Developer") for the development of certain property
located at Azusa Avenue, north of Amar Avenue at the BKK landfill site within the Project Area
(the "Site"), all as described in the Agreement; and
WHEREAS, the Site is approximately 43 acres in size and is composed of real property,
owned by the CDC (collectively referred to as the "CDC's Parcels"), which has been acquired by
the CDC; and
WHEREAS, the Developer desires to acquire fee simple title to the CDC's Parcels for
the purpose of developing thereon a retail -commercial shopping center (the "Development"); and
WHEREAS, the Developer and CDC are submitting to the CDC and the City Council of
the City of West Covina (the "City Council") copies of the Agreement in a form executed by the
Developer; and
WHEREAS, pursuant to the Agreement, the CDC desires to convey fee title to the CDC
Parcels to the Developer in consideration for the Developer's purchase, construction and
operation of the Development on the Site; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seg.), the CDC is authorized, with the
approval of the City Council after a duly noticed public hearing, to transfer the CDC's Parcels
for development pursuant to the Redevelopment Plan upon a determination by the City Council
that the transfer of the property will assist in the elimination of blight, that the consideration for
such transfer is not less than either the fair market value or fair reuse value of the CDC's Parcels
in accordance with the covenants and conditions governing the transfer and the development
costs required thereof, and that the transfer is consistent with the Redevelopment Plan which has
been adopted by the CDC for the Project; and
WHEREAS, a joint public hearing of the CDC and City Council on the proposed
Agreement was duly noticed in accordance with the requirements of Health and Safety Code
Sections 33431 and 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 July 20, 2004, the CDC and City Council held ajoint public hearing on
the proposed Agreement, at which time the CDC reviewed and evaluated all of the information,
testimony, and evidence presented during the joint public hearing; 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
Resolution No. 2004-67
Page 2
WHEREAS, the CDC has reviewed the summary required pursuant to Health and Safety
Code Section 33433 and evaluated other information provided to it pertaining to the findings
required pursuant to Health and Safety Code Section 33433; and
WHEREAS, the City Council has previously determined, in its adoption of the
resolution adding the Site to the West Covina Redevelopment Project, that the Site was blighted;
• and
WHEREAS, the CDC has adopted a Redevelopment Plan pursuant to CRL Section
33490, which sets forth the objective of eliminating blight; and
WHEREAS, the Agreement furthers the goals of the CDC set forth in the
Redevelopment Plan by removing such blighted conditions by the construction of a high quality
retail commercial center which will create and increase employment and tax revenues; and
WHEREAS, the City has duly considered all terms and conditions of the proposed
Agreement and believes that the redevelopment 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; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina as follows:
Section 1. The City Council finds and determines that, based upon substantial
evidence provided in the record before it, the consideration for the CDC's disposition of the
CDC's Parcels pursuant to the terms and conditions of the Agreement is not less than the fair
market value of the CDC's Parcels, in accordance with covenants and conditions governing the
transfer, and the development costs required under the Agreement.
Section 2. The City Council hereby finds and determines that the disposition of the
Site pursuant to the Agreement will eliminate blight by the construction and development of the
retail commercial center contemplated by the agreement within the Project Area by providing for
the proper reuse and redevelopment of a portion of the Project Area, which was declared blighted
for the reasons described above.
Section 3. The City Council hereby finds and determines that the Agreement is
consistent with the provisions and goals of the Redevelopment Implementation Plan approved
December 7, 1999 and with the provision and goals of the Redevelopment Plan as amended.
Section 4. The City Council hereby approves the Agreement and authorizes and
directs the Chairman of the CDC to execute the Agreement on behalf of the CDC in substantially
the form as presented in Exhibit A of the CDC Board Resolution approving the Agreement. A
copy of the Agreement when executed shall be placed on file in the office of the CDC
Secretary/City Clerk. The Executive Director of the CDC, or his designee, is authorized to
implement the Agreement and take all further actions and execute all escrow documents and
other documents, including amendments to the Agreement, which are necessary or appropriate to
carry out the Agreement.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 20th day of July, 2004.
ATTEST: Mayor Michael Miller
Clerk, Jah-cVBerry
Resolution No. 2004-67
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I JANET BERRY, CITY CLERK of the City of West Covina do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of West Covina at a
regular meeting hereof, held on the 20"' day of July, 2004 by the following vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
• NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
ArnId arez-Glasman
City Attorney