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Ordinance - 1852ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING AN AMENDED REDEVELOP- MENT PLAN FOR THE EASTLAND REDEVELOPMENT PROJECT AS • THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT WHEREAS, the West Covina Redevelopment Agency (the "Agency") has formulated, prepared and approved an Amended Redevelopment Plan for the Eastland Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, said Amended Redevelopment Plan has been prepared pursuant to California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.); and WHEREAS, the Planning Commission of the City of West Covina has sub- mitted its report and recommendation on the proposed Amended Redevelop- ment Plan, finding that the proposed Amended Redevelopment Plan is in conformity with the West Covina General Plan, and has recommended approval of the proposed Amended Redevelopment Plan; and WHEREAS, the Agency has adopted Rules Governing Participation and Re -Entry Preferences for Property Owners, Operators of Businesses and Tenants in the Eastland Redevelopment Project; and WHEREAS, the Agency has adopted an Amended Relocation Plan provid- ing for the relocation of persons, families and businesses from the Project Area, the payment of relocation benefits and the giving of relocation assistance to such persons, families and businesses; and WHEREAS, the Agency has submitted the proposed Amended Redevelop- ment Plan and its Report thereon (pursuant to Section 33352 of the Health and Safety Code) to the City Council, which Report contains, among other things, the Planning Commission's report and the recommenda- tions, the Report of the County Fiscal Officer and an analysis thereof and the Report of the Fiscal Review Committee and the Agency's response thereto; and WHEREAS, the Agency has consulted with residents, businesspersons and community organizations within the Amendment Area and has consulted with taxing agencies which levy taxes, or for which taxes are levied, on property in the Project Area and Amendment Area; and WHEREAS, the Agency and this City Council have approved, adopted and certified a Final Environmental Impact Report for the adoption of the proposed Amended Redevelopment Plan all in accordance with the California Environmental Quality Act of 1970 and the state and local guidelines and regulations adopted pursuant thereto; and WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, and all written objections have been heard and passed upon by this City Council; and WHEREAS, the Agency and Council have received written and oral testimony concerning the Amended Redevelopment Plan and have duly considered all such written and oral testimony; and WHEREAS, all proceedings for the adoption of the proposed Amended • Redevelopment Plan have been duly conducted and competed as required by law. Ordinance No. Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES • HEREBY ORDAIN AS FOLLOWS: 1. The purposes and intent of this City Council with respect to the Amendment Area are: (a) To eliminate the conditions of blight existing in the amended Project Area. (b) To prevent recurrence of blighting conditions within the amended Project Area. (c) To provide for participation by owners and tenants and preferences to persons engaged in business within the amended project Area to participate in the redevelopment of the amended project Area; to encourage and ensure the redevelopment of the amended Project Area in the manner set forth in the proposed Amended Redevelopment Plan; and to provide for the relocation of any residents displaced by the implementation of the proposed Amended Redevelop- ment Plan. (d) To improve and construct or provide for the construction of public facilities, roads, and other public improve- ments and to improve the quality of the environment in the amended Project Area to the benefit of the amended Project Area and the general public as a whole. (e) To encourage and foster the economic revitalization of the amended Project by protecting and promoting the sound development and utilization of the amended Project and by replanning, redesigning or redeveloping portions of the amended Project which are stagnant or improperly utilized because of the lack of adequate facilities, utilities and other causes. (f) To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. 2. The Amended Redevelopment Plan for the Eastland Redevelopment Project, dated June 25, 1990, and which is on file with the City Clerk of the City of West Covina is hereby approved, adopted and designated as the official Redevelopment Plan for the Eastland Redevelopment Project and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, three copies of which are hereby directed to be kept on file with the City Clerk. 3. The Council hereby finds and determines that: (a) Amendment Area A is a noncontiguous area which is neces- sary for effective redevelopment within the meaning of the Health and Safety Code Section 33320.2 and that this property is further included in the Eastland Redevelop- ment Project in order to satisfy the requirements of the Health and Safety Code Section 33334.2(g) which states that the Project Area shall include property suitable for low- and moderate -income housing. Ordinance No. Page Three • (b) Amendment Area B is characterized by buildings which are suffering from age, obsolescence, deterioration, dilapida- tion, mixed character, or shifting of uses; and further that Amendment Area B includes lots of inadequate size for property usefulness in development and a prevalence of depreciated values, impaired investments and social and economic maladjustment. (c) Amendment Area C includes buildings which exhibit defec- tive design and character of physical construction; faulty interior arrangement and exterior spacing; age, obsolescence, deterioration, dilapidation, mixed charac- ter or shifting of uses; and properties exhibiting depre- ciated values and impaired investments. (d) Amendment Area D exhibits buildings which are of defec- tive design and character of physical construction, build- ings signs of age, obsolescence, deterioration, dilapida- tion, mixed character, or shifting of uses; lots of irregular form and shape and inadequate size for proper usefulness and development; lots which have been laid out in disregard to the contours and other topography or physical characteristics of the ground and surrounding conditions; the existence of inadequate public improve- ments, public facilities, and utilities which cannot be remedied by private or governmental action without redevelopment; and the prevalence of depreciated values and impaired investments. (e) Amendment Area E is characterized by buildings with defective design and character of physical construction; faulty interior arrangement and exterior spacing; age, obsolescence, deterioration, dilapidation and mixed character; and the prevalence of depreciated values and impaired investments; further, Amendment Area E includes properties which are necessary for effective redevelop- ment within the meaning of the Health and Safety Code Section 33320.2 and which are included to satisfy the requirements of the Health and Safety Code Section 33334,2(g) which indicates that a project area shall include property suitable for low- and moderate-incone housing. (f) Amendment Area F includes inadequate public improvements, public facilities and utilities, which deficiencies can not be remedied by the private sector without redevelop- ment; (g) Amendment Area G includes properties exhibiting defective design and character of physical construction; properties exhibiting faulty interior arrangement and exterior spac- ing; buildings showing signs of age, obsolescence, deteri- oration, dilapidation, mixed character, or shifting of uses; and a prevalence of depreciated values and impaired • investments. Ordinance No. Page Four (h) Amendment Area H includes lots which have been laid out • in disregard of the contours and other topography or physical characteristics of the ground and surrendering conditions; the existence of inadequate public improve- ments, public facilities and utilities which cannot be remedied by private or governmental action without redevelopment; and the prevalence of depreciated values and impaired investments, and social and economic malad- justment. (i) The Amended Redevelopment Plan will redevelop the amended Project Area in conformity with the Community Redevelop- ment Law of the State of California in the interests of the public peace, health, safety and welfare; (j) The adoption and carrying out of the Amended Redevelop- ment Plan is economically sound and feasible; (k) The Amended Redevelopment Plan conforms to the City of West Covina General Plan; (1) The carrying out of the Amended Redevelopment Plan will promote the public peace, health, safety and welfare of the City of West Covina and will effectuate the purposes and policies of the Community Redevelopment Law of the State of California by assisting in the elimination of blight; (m) The condemnation of real property, as provided for in the Amended Redevelopment Plan, is necessary to the execution of the Amended Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as provided by law; (n) The Agency has a feasible method or plan for the reloca- tion of families and persons to be temporarily or perma- nently displaced from housing facilities in the amended Project Area; (o) There are or are being provided in the amended Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the amended Project, if any, decent, safe and sanitary dwel- lings equal in number to the number of and available to such displaced families and persons and reasonably acces- sible to their places of employment; (p) Inclusion within the amended Project Area of any lands, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the area of which they are a part; and any such area included is necessary for effec- tive redevelopment and is not included for the purpose of • obtaining the allocation of tax increment revenues from such area pursuant to California Health and Safety Code Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion; and Ordinance No. Page Five (q) The elimination of blight and redevelopment of the • amended Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 4. In order to implement and facilitate the effectuation of the Amended Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference to, among other things, the vacating and removal of the streets, alleys and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action and, accordingly, the City Council hereby: (a) Declares its intention to undertake and complete any pro- ceedings necessary to be carried out by the City of West Covina under the provisions of the Amended Redevelopment Plan; and (b) Requests the various officials, departments, boards, com- missions and agencies of the City of West Covina having administrative responsibilities with respect to the Pro- ject likewise to cooperate to such end and to exercise their respective functions and powers in a manner consis- tent with the Amended Redevelopment Plan. 5. The Council is satisfied permanent housing facilities will be available within three (3) years from the time occupants of the amended Project Area are displaced, if any, and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of West Covina at the tine of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. Such housing unit shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. 6. The Council is convinced that the effect of tax increment financing, as provided for in Section 510 of the Amended Redevelopment Plan and as described in the Report to the Council submitted to the Council in accordance with the Health and Safety Code Section 33352, will not cause a significant financial burden or detriment to any taxing agency deriving revenues from the amended project Area; and further, that the Council has approved reasonable means to mitigate fiscal effects which would otherwise be significant. 7. The City Clerk is hereby directed to send a certified copy of • this ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Amended Redevelop- ment Plan, subject to the provisions of the Amended Redevelop- ment Plan. Ordinance No. Page Six • 8. The City Clerk is hereby directed to record within thirty (30) days from the adoption of this ordinance with the County Recorder of Los Angeles County a description of the land within the amended Project Area and a statement that the proceedings for the redevelopment of the amended Project Area have been instituted under the California Redevelopment Law. The Agency is hereby directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. 9. The Building Department of the City of West Covina is hereby directed for a period of two (2) years after the effective date of this ordinance to advise all applicants for building permits within the amended Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. 10. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City pursuant to Section 8 of this ordinance, a copy of this ordinance, and a map or plat indicating the boundaries of the amended Project Area to the Auditor -Controller and Tax Assessor of Los Angeles County, to the governing body of each of the taxing agencies which levies taxes upon any property in the amended Project Area and to the State Board of Equalization. 11. The City Clerk shall certify to the passage of this ordinance and cause a copy thereof to be published as required by law in a newspaper of general circulation in the City of West Covina, and this ordinance shall take force and be in effect after its passage in the manner provided by law. PASSED, APPROVED AND ADOPTED this 9th day of July 1990. Mayor ATTEST: G' Y �ep� City Clerk • • C, Ordinance No. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) Page Seven I, Janet Berry , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1852 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of July , 1990. That, there- after, said ordinance was duly adopted at a regular meeting of the City Council on the 9th day of July , 1990, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: APPROVED AS TO FORM: City Attorney AMD210JM:GRC-6/90 Herfert, Jennings, Manners, McFadden, Tarozzi None None None ` A, City Clerk • CERTIFICATION I, JANET BERRY, City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. /D o"- 02 was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED:__% net Berry, City Clerk City of West Covina, California