Resolution - 2006-77RESOLUTION NO.2006-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING AND AUTHORIZING THE EXECUTION OF THE
PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE
COMMUNITY DEVELOPMENT COMMISSION AND TROJAN TIRE
CENTER, INC., 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 Area (the
"Project Area"); 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 Trojan
Tire Center, Inc. (the "Developer") for the development of certain property located'af 2533 E.
Workman Avenue within the Project Area (the "Site"), all as described in the Agreement; and
WHEREAS, the Site is approximately .26 acres in size and is composed of real property,
owned by the CDC (referred to as Assessor Parcel Map Numbers 8453-001-902 and 8453-001-
904 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 tire and repair shop (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 September 5, 2006, 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
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
Resolution No. 2006-77
September 5, 2006
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 as it will facilitate the creation of a automobile tire
and repair shop on underutilized properties, increase employment and tax revenues; and
E
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 l 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.
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 Five -Year Redevelopment Implementation Plan
approved December 21, 2004, and with the provision and goals of the Redevelopment Plan as
amended.
SECTION 4 The City hereby finds and determines that the project is categorically
exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to
California Code of Regulation, title 14, sections 15301 and 15302.
SECTION 5- 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.
SECTION 6 The City Clerk shall certify to the adoption of this Resolution.
PASSED AND APPROVED on this 5`h day September 2006.
ATTEST:
City Clerk Laurie Carrico
54_�� -
Mayor Ste v erfert
2
Resolution No. 2006-77
September 5, 2006
•
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I, LAURIE CARRICO, 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 5`h day of September 2006, by the following
vote of the City Council:
AYES:
Lane, Sanderson, Herfert
NOES:
None
ABSTAIN:
Touhey
ABSENT:
Hernandez
APPROVED AS TO FORM:
City Attorney Aold Alvarez-Glasman
i
City Clerk Laurie Carrico