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HomeMy Public PortalAbout2011.136 (06-21-11) RESOLUTION NO. 2011.136 A JOINT RESOLUTION OF THE CITY OF LYNWOOD REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY (AGENCY) AND FRESH & EASY PROPERTY COMPANY, LLC (DEVELOPER) FOR THE SALE AND DEVELOPMENT OF AGENCY OWNED PROPERTY COMMONLY KNOWN AS THE NORTON SITE AND ACCEPTING THE 33433 SUMMARY REPORT, SUBJECT TO AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Lynwood Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under California Community Redevelopment Law (Health & Safety Code § 33000, et seq.) ("CRL"); and WHEREAS, in accordance with the CRL, the City Council of the City of Lynwood adopted the Redevelopment Plan for the Redevelopment Project Area "A" in the City of Lynwood on July 10, 1973, as established by Ordinance No. 945 of the City Council, and as amended from time to time; and WHEREAS, the Agency currently owns property commonly known as the Norton Site ("Property") located at 3187 Norton Avenue which is approximately 6263 square feet in size and is situated between Developer owned property Assessor's Parcel Numbers ("APNs") 6170-034-017, 6170-034-018, 6170-034-023, 6170-034-025, 6170- 034-026, 6170-034-029, and 6170-034-030; and WHEREAS, the Agency Property, APN 6170-034-24, which is an integral part of the proposed project and Disposition and Development Agreement ("DDA"), was purchased from a private party for $638,505 in 2009; and WHEREAS, the Property is an unimproved parcel and contains no structural or land improvements. At the time of purchase it was improved with a residential duplex; and WHEREAS, the improvements have since been demolished and, as a result of the national economic downturn negatively impacting property values the current fair market valuation of the vacant Property is $125,000; and WHEREAS, Developer desires to redevelop the 1.02 acre Site with a 10,550 square feet energy-efficient building to house a Fresh & Easy Neighborhood Market, for new retail use, with Developer to provide all parking on- and off-site as appropriate and necessary for the proposed development of the Site, along with appropriate landscaping, all in accordance with applicable City regulations and standards ("Project"); and WHEREAS, the sale of the Property pursuant to the DDA effectuates the Redevelopment Plan insofar as the Property is located in and benefits the Redevelopment Project Area by causing the development to improve the Property and will assist in the elimination of blight, generate tax revenue, and create jobs; and WHEREAS, the DDA requires the Agency to convey the Property to the Developer for the fair market purchase price of One Hundred Twenty Five Thousand Dollars ($125,000), representing the fair market value of the Property, based on the November 15, 2010 appraisal prepared by Fred D. Campagna & Associates; and WHEREAS, Section 33433 of the CRL requires that any disposition of property by the Agency be approved by both the Agency Board and the City Council, that certain findings be made, and that a"Summary Report" and a copy of the DDA be made available for public inspection; and WHEREAS, the Agency has prepared the required Summary Report and notice of a joint public hearing of the Agency and City Council concerning the proposed DDA has been given in accordance with applicable law; and WHEREAS, the Agency published the public hearing notice in the required newspaper of general circulation in the community once per week for a consecutive two weeks prior to the public hearing pursuant to California Government Code Section 6066; and WHEREAS, pursuant to section 33433 of the CRL, the Summary Report and proposed DDA was concurrently available for public inspection on the City's website and in the Redevelopment Department and was distributed to those entities and individuals on the Agency mailing list; and WHEREAS, On June 21, 2011 the Agency conducted a public hearing at a regular meeting and reviewed, analyzed and approved said DDA; and WHEREAS, the DDA is consistent with the intent of the Implementation Plan adopted pursuant to CRL Section 33490. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DO HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct and are hereby adopted as findings. Section 2. Further environmental review is not required for the disposition of the Property, since the disposition is consistent with the Redevelopment Plan, and no new information or impacts have been identified that would require changes to the environmental documentation adopted in conjunction with the Redevelopment Plan. Notwithstanding the foregoing, the Agency Board further finds that the proposed project will not have a significant effect on the environment. The proposed Project will be located in a developed, suburban, commercial area and the proposed use will occur on less than five (5) acres. The proposed project is compatible with the existing area and meets all City standards for protection of the environment. Therefore, the proposed project is found to be categorically exempt under the California Environmental Quality Act (CEQA), Section 15332 (In-Fill Development Projects). Section 3. The DDA is consistent with the Agency's adopted Implementation Plan for Redevelopment Project Area "A". Section 4. The consideration to be paid by the Developer in the amount of $125,000 for the Property is not less than the fair market value of the Property. The proceeds of such sale will be deposited into the Community Development "A" Fund (1012). Section 5. The development of the Project will assist in the elimination of blight in the Project Area, generate tax revenue, and create jobs. Section 6. The City Council hereby approves the DDA and the instruments referenced therein, a copy of which are on file in the office of the City Clerk. Section 7. The Mayor and City Manager are authorized and directed to take such actions and execute such documents as may be necessary to implement and effect this Resolution and the OPA on behalf of the Agency and City. Section 8. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED and ADOPTED this 21 day of June, 2011. � C ' �; ' � , - �' �_,, , t �� Aide Castro, Mayor ATTEST: � � ( Maria Quinonez, City Clerk Roger L. aley, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: e % Fred Galante, City Attorney Sarah' a a 1/U�the , Director of Redeve ment STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 21 day of June, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE i � aria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2011.136 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 21 day of June, 2011. �„ Maria Quinonez, City Clerk