Resolution - 2004-76RESOLUTION NO. 2004-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING AND AUTHORIZING THE EXECUTION OF A
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE
• COMMUNITY DEVELOPMENT COMMISSION AND THE WEST
COVINA MEDICAL BUILDING GROUP 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 Purchase and Sale Agreement (the "Agreement") with The
West Covina Medical Building Group (the "Developer") for the purpose of providing parking at
that certain property located at 1440 West Covina Parkway at the Wescove Theater site within
the Project Area (the "Site"), as described in the Agreement for use by the medical office to be
constructed in the adjacent building located at 1500 West Covina Parkway; and
WHEREAS, the Site is approximately .82 acres in size and is composed of real property,
owned by the CDC (collectively referred to as the "CDC's Parcel"), which has been acquired by
the CDC, and real property, under contract with the Developer (the "Developer Parcel"), which
will be acquired by the Developer; and
WHEREAS, the Developer has submitted to the City Council of the City of West Covina
(the "City Council") and the CDC 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
Parcel to the Developer in consideration for the Developer's construction and operation of the
Development on the Site; and
WHEREAS, the parties intend that the Agreement will satisfy the CDC's Redevelopment
Implementation Plan ("Implementation Plan") approved December 7, 1999, and its obligation to
promote economic development by enhancing the commercial viability of the northern portion of
the City and the overall economic, tax and employment base for the City as well as eliminating a
vacant, underutilized and blighted property at the Wescove Theater site; and
WHEREAS, pursuant to Sections 33430 and 33431 of the Community Redevelopment
Law (California Health and Safety Code Section 33000, et seq.), the CDC is authorized, with the
approval of the City Council after a duly noticed public hearing, to transfer by sale the CDC's
Parcel for redevelopment purposes, and that the transfer is consistent with the Implementation
Plan which has been adopted by the CDC for the Project; and
• WHEREAS, a joint public hearing of the City Council and CDC on the proposed
Agreement was duly noticed in accordance with the requirements of Health and Safety Code
Sections 33431; and
WHEREAS, on September 7, 2004, the City Council and CDC held ajoint public hearing
on the proposed Agreement, at which time the City reviewed and evaluated all of the
information, testimony, and evidence presented during the joint public hearing; and
Resolution No. 2004-76
Page 2
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 previously determined, in its adoption of the resolution
adding the CDC's Parcel to the West Covina Redevelopment Project, that the CDC's Parcel was
• blighted; and
WHEREAS, the CDC has adopted an Implementation Plan pursuant to CRL Section
33490, which sets forth the objective of eliminating blight; and
WHEREAS, the City has duly considered all terms and conditions of the proposed
Agreement and believes that the redevelopment of the CDC's Parcel 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
WHEREAS, the City Council has reviewed and considered a Notice of Exemption dated
August 25, 2004, pursuant to the California Environmental Quality Act ("CEQA"), which
evaluated all potential environmental consequences of this project and is deemed to be
Categorically Exempt.
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 Parcel pursuant to the terms and conditions of the Agreement is more than the fair market
value of the CDC's Parcel, in accordance with covenants and conditions governing the sale.
SECTION 2. The City Council hereby finds and determines that the disposition of the
CDC's Parcel pursuant to the Agreement will eliminate blight 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 Implementation Plan and the Redevelopment Plan
as approved and amended.
SECTION 4. The City Council hereby approves the Agreement and authorizes and
directs the Executive Director of the CDC to execute the Agreement on behalf of the CDC in
substantially the form as presented in Exhibit A. 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 terms or intent of the Agreement.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED on this 2151 day of September 2004.
Mayor Michael L. Miller
ATTEST:
,J � g,� , '4�
dy Clerk Janet Berry
xas3339
Resolution No. 2004-76
Page 3
•
•
1, 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,
California, at a regular meeting held on the 21" day of September 2004 by the following vote:
AYES:
Herfert, Hernandez, Sanderson, Wong, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
C!4y Attor ey krrXId Alvarez-Glasman
City Clerk J net Berry
l
xas3339