Resolution - 2004-99RESOLUTION NO. 2004-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE
EXECUTION OF THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE COMMUNITY
• DEVELOPMENT COMMISSION AND WLM — CW, 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, 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 WLM - CW, LLC (the "Developer") for the development of certain property located at the
southwest comer of Citrus Street and Workman Avenue within the Project Area (the "Site"), all
as described in the Agreement; and
WHEREAS, the Site is approximately 8.6 acres in size and is composed of real property,
owned by the CDC (referred to as Assessor Parcel Map Numbers 8453-015-024, 8453-015-025,
8453-015-026, 8453-015-900, 8453-015-901, and 8453-015-902 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 Site for the purpose
of developing thereon an automobile dealership and a retail/commercial center and related
amenities (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's Parcels to the Developer in consideration for the Developer's 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 seq.), 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 December 7, 2004, the CDC and City Council held a joint 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. 2004-99
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 an 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 as it will facilitate the creation of a
new automobile dealership and a retail/commercial center development on underutilized
properties, 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.
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 and the fair reuse value of the CDC's Parcels, in accordance with covenants and
conditions governing the transfer, and the development costs required under the Agreement.
Sectinn 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 Five -Year 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 concurs with the approval of the Agreement and
concurs with the authorization that the Chairman of the CDC 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.
Sectinn 5_ The City Clerk shall certify to the adoption of this Resolution.
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Resolution No. 2004-99
PASSED AND APPROVED on this 7`h day of December, 2004.
Mayor Michael L. Miller
ATTEST:
Deputy City Clerk Susan Rush
I, SUSAN RUSH, DEPUTY CITY CLERK of the City of West Covina, California, 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 thereof held on the 71h day of December, 2004, by the
following vote of the City Council:
AYES: Hernandez, Sanderson, Wong, Miller
NOES: None
ABSENT: Herfert
ABSTAIN: None
APPROVED AS TO FORM:
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City Attorney Arnold Alvarez-Glasman
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Deputy City Clerk Susan Rush
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