CC - 2011-16 - Real Property Transfer and Cooperative Agreement Between CDC and CityRESOLUTION NO. 2011-16
A RESOLUTION OF THE CITY OF ROSEMEAD APPROVING A REAL
PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND THE ROSEMEAD
COMMUNITY DEVELOPMENT COMMISSION FOR CERTAIN REAL
PROPERTY OWNED BY THE COMMISSION
WHEREAS, The City Council of the City ( "City Council') has adopted Redevelopment
Plans (each individually, a "Redevelopment Plan "; and collectively, the "Redevelopment
Plans ") for the for the No. 1 and No. 2 Project Areas (each individually, a "Project Area "; and
collectively, the "Project Areas ");and
WHEREAS, pursuant to the California Community Redevelopment Law (California
Health and Safety Code Section 33000, et SeMc .) ( "Redevelopment Law "), the Rosemead
Community Development Commission ( "CDC ") is undertaking a program to redevelop the
Project Areas; and
WHEREAS, pursuant to Section 33430 of the Redevelopment Law, a redevelopment
agency may, within the survey area or for purposes of redevelopment, sell, transfer, assign or
otherwise dispose of any real or personal property or any interest in property; and
WHEREAS, the CDC owns the fee interest in the real property ( "Property ") described
in Exhibit A of the Real Property Transfer and Cooperative Agreement attached hereto as
Exhibit 1 and incorporated herein by reference (the "Agreement'); and
WHEREAS, pursuant to Section 33205 of the Redevelopment Law, a redevelopment
agency is authorized to delegate to a community any of the powers or functions of the agency
with respect to the planning or undertaking of a redevelopment project in the area in which such
community is authorized to act, and such community is authorized to carry out or perform such
powers or functions for the redevelopment agency; and
WHEREAS, pursuant to Section 33220(g) of the Redevelopment Law, any public entity,
for the purpose of aiding and co- operating in the planning, undertaking, construction, or
operation of redevelopment projects located within the area in which such public entity is
authorized to act, may, with or without consideration, acquire land in a project area from a
redevelopment agency for redevelopment in accordance with the redevelopment plan for such
project area; and
WHEREAS, pursuant to Section 33220(e) of the Redevelopment Law, a redevelopment
agency may enter into agreements with any public entity respecting any action to be taken
pursuant to any of the powers granted by the Redevelopment Law or any other law (and such
agreement may extend over any period, notwithstanding any law to the contrary); and
WHEREAS, the City of Rosemead ( "City ") desires to aid, and cooperate with, the CDC
in the planning, undertaking, construction and operation of redevelopment projects, and in that
regard the CDC has determined to convey the Property to the City and to delegate to the City the
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powers and functions of the CDC with respect to the planning and undertaking of redevelopment
projects in accordance with the Redevelopment Plans, and the City has determined to accept the
conveyance of the Property and the CDC's delegation of its powers and functions and in that
regard, he CDC and City wish to enter into the Agreement; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council hereby finds that it can be seen with certainty that there
is no possibility that the approval of the Agreement may have a significant effect on the
environment. The approval of the Agreement does not authorize construction and will not result
in a direct or indirect physical change in the environment. The Agreement provides that prior to
commencement of work on any redevelopment project, all necessary review required by the
California Environmental Quality Act ( "CEQA ") shall be completed. The adoption of this
Resolution and approval of the Agreement is therefore exempt from the environmental review
requirements of CEQA pursuant to Section 15061(b) (3) of Title 14 of the California Code of
Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within
five days of the adoption of this Resolution pursuant to Section 15062 of Title 14 of the
California Code of Regulations.
Section 2. The City Council hereby approves the Agreement in the form attached
hereto as Exhibit 1 and hereby authorizes and directs the City Manager, the Mayor, or any other
officer of the City designated by them in writing (each, an "Authorized Officer "), acting singly,
to execute and deliver the Agreement in substantially said form with such changes therein as the
Authorized Officer executing the same may approve (such approval to be conclusively evidenced
by the execution and delivery thereof).
Section 3. The Authorized Officers of the City are herby authorized and directed to
do any and all things and to execute and deliver, and if appropriate, record, any and all
documents which they may deem necessary or advisable in order to effectuate the purposes of
this Resolution, and any such actions previously taken by such officers are hereby ratified and
confirmed.
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PASSED, ADOPTED AND APPROVED this 26` day of April 2011.
86v=�
Stev i Ly, Mayor
ATTEST:
SDI i a U ckLi1 o..
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
4d'j eajw;��
Rachel Richman, City Attorney
Burke, Williams & Sorensen, LLP
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2011 -16 being:
A RESOLUTION OF THE CITY OF ROSEMEAD APPROVING A REAL PROPERTY TRANSFER
AND COOPERATIVE AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION FOR CERTAIN REAL PROPERTY
OWNED BY THE COMMISSION.
was duly and regularly approved and adopted by the Rosemead City Council on the 26th of April,
2011, by the following vote to wit:
Yes: Alarcon, Armenta, Clark, Low, Ly
No: None
Abstain: None
Absent: None
A' �Q�o � 9�
Gloria Molleda
City Clerk
EXHIBIT I
REAL PROPERTY TRANSFER AND COOPERATIVE AGREEMENT
(Attached Hereto)
Exhibit 1