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Ordinance - 1927ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING AMENDMENTS TO THE REDEVELOPMENT PLANS FOR THE EASTLAND REDEVELOPMENT PROJECT AND THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT WHICH MERGE THE TWO PROJECTS (THE "WEST COVINA REDEVELOPMENT PROJECT") WHEREAS, the City Council of the City of West Covina (the "City Council") by Ordinance No. 1269 adopted a Redevelopment Plan for the Eastland Redevelopment Project and designated by such Ordinance certain area as a redevelopment project area; and WHEREAS, the City Council by Ordinance No. 1852 approved the First Amendment to the Eastland Redevelopment Project; by such Ordinance added certain areas to the Eastland Redevelopment Project Area; and WHEREAS, the City Council, by Ordinance No. 1180 adopted a Redevelopment Plan for the Central Business District Redevelopment Project and designated by such Ordinance certain area as a redevelopment project area; and WHEREAS, the City Council by Ordinance No. 1342 approved the First Amendment to the Central Business District Redevelopment Project; by such Ordinance permitted additional land uses to the project area; and by Ordinance No. 1481 approved the Second Amendment to the Central Business District Redevelopment Project and by Ordinance No. 1657 approved the Third Amendment to the Central Business District Redevelopment Project; by such Ordinances adding certain areas to the Central Business Redevelopment Project; and WHEREAS, the Eastland Redevelopment Project Area and the Central Business District Project Area shall together be referred to herein as the "Project Areas;" and WHEREAS, the City Council has received from the West Covina Redevelopment Agency (the "Agency"), the Report to City Council for the West Covina Redevelopment Project on the proposed merger of the Project Areas (the "Merger"), a copy of which is on file with the City Clerk at the Office of the City Clerk, City Hall, 1444 West Garvey Avenue South, West Covina, California, including the reasons for the Merger, the report and recommendations of the Planning Commission of the City of West Covina (the "Planning Commission"), and a discussion of certain other matters as required pursuant to Section 33352 of the California Community Redevelopment Law ( California Health and Safety Code Section 33000 et se�C .); and WHEREAS, the Planning Commission has submitted to the City Council of the City of West Covina its report and recommendations for approval of the Merger and its certification that the Merger conforms to the General Plan for the City of West Covina; and WHEREAS, the Agency has adopted, by reference, Rules Governing Participation and Preferences of Owners, Operators of Businesses and Tenants for the Merger, which document meet the requirements of the California Community Redevelopment Law; and WHEREAS, the Agency has adopted a Relocation Plan for the Merger by reference, providing for the relocation of persons, families, and businesses from the Project Areas, the payment of relocation benefits, and the giving of relocation assistance to such persons, families, and businesses, which document meets the requirements of California Community Redevelopment Law; and -2- WHEREAS, on December 7, 1993, the City Council and the Agency held a joint public hearing in the City Council Chambers, City Hall, 1440 West Garvey Avenue South, West California, concerning the adoption of the Merger; and WHEREAS, a notice of said hearing was duly and regularly published in the Tribune, a newspaper of general circulation in the City of West Covina, once (1) a week for four (4) successive weeks prior to the date of the hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of West Covina and Secretary of the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Los Angeles, of each parcel of land in the Project Areas; and WHEREAS, each assessee in the Project Areas was sent a separate statement, attached to the notice of joint public hearing, that his property may be subject to acquisition by purchase or condemnation under the provisions of the Merger; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Areas; and WHEREAS, the Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the project in accordance with the Merger; and WHEREAS, the City Council has general knowledge of the conditions existing in the Project Areas and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Merger, and in light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the Report to the City Council, the Merger and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for or against any and all aspects of the Merger; and WHEREAS, the Agency and the City Council have reviewed and considered the Environmental Impact Report for the Merger, prepared and submitted pursuant to California Health & Safety Code Section 33352, and in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et sea.) and State and local guidelines and regulations adopted pursuant thereto, and certified the completion of said Environmental Impact Report on December 7, 1993, by Agency Resolution No. 455 and City Council Resolution No. 9034 ; and WHEREAS, a joint public hearing has been fully noticed and held by the Agency and the City Council as required by law, all objections have been heard and passed upon by the City Council, the Agency and Council have received written and oral testimony concerning the proposed Merger and have duly considered all thereof, and the proceedings for the it adoption of the proposed Merger have been duly conducted and completed as provided by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: Section 1. The purpose and intent of this City Council with respect to the Project Areas are: -3- a. To eliminate the conditions of blight existing in the Project Areas. 0 b. To prevent recurrence of blighting conditions within the Project Areas. C. To provide for participation by owners and tenants and preferences to persons engaged in business within the Project Areas to participate in the redevelopment of the Project Area; to encourage and ensure the redevelopment of the Project Areas in the manner set forth in the Redevelopment Plans for the Project Areas; and to provide for the relocation of residents, if any, displayed by the implementation of such Redevelopment Plans. d. To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Areas to the benefit of the Project Areas and the general public as a whole. e. To encourage and foster the economic revitalization of the Project Areas by protecting and promoting the sound development and utilization of the Project Areas and by replanning, redesigning or redeveloping portions of the Project Areas 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. Section 2. The Redevelopment Plans for the Eastland Redevelopment Project and the Central Business District Redevelopment Project are hereby amended to merge the Eastland Redevelopment Project Area and the Central Business District Redevelopment Project Area as authorized and permitted pursuant to Sections 33485 through 33489, inclusive, of the Community Redevelopment Law, and as merged are incorporated herein by reference and made a part hereof as if fully set forth herein, and a copy of the Redevelopment Plans for the Eastland Redevelopment Project and the Central Business District Redevelopment Project, as hereby merged, and renamed the West Covina Redevelopment Project are hereby directed to be on file with the City Clerk. Section 3. The City Council hereby finds and determines that: a. . The Project Areas are blighted areas, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law. This finding is based in part upon the following conditions which characterize the Project Areas: (1) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate infrastructure, which cannot be remedied with private and governmental action without redevelopment. (2) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. (3) A prevalence of impaired investments and economic maladjustment. It is further found and determined that such conditions are causing and will increasingly cause a reduction of, or lack of, proper utilization of the Project Areas to such an extent that it constitutes a serious physical, social and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. -4- b. The Merger will redevelop the Project Areas in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. C. The adoption and implementation of the Merger is economically sound and feasible. d. The Merger conforms to the General Plan for the City of West Covina. e. The carrying out of the Merger will promote the public peace, health, safety and welfare of the City of West Covina and will effectuate the purposes and policy of the Community Redevelopment Law. f. The condemnation of real property to the extent provided for in the Merger is necessary to the execution of the Merger and adequate provisions have been made for payment for property to be acquired as provided by law. g. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Areas. h. There are, or are being provided, within the Project Areas or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of any families and persons who might be displaced from the Project Areas, decent, safe and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. i. All noncontiguous areas of the Project Areas are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the contiguous area pursuant to Section 33670 without other substantial justification for their inclusion. j. Inclusion of any land, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. k. The elimination of blight and the redevelopment of the Project Areas would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 1. The effect of tax increment financing will not cause substantial financial burden or detriment on any taxing agency deriving revenues from the Project Areas. In. The Project Areas are predominantly urbanized areas, as defined by Section 33320.1(b) of the Community Redevelopment Law. Not less than eighty percent (80%) of the privately owned property in the Project Areas has been or is developed for urban uses, as demonstrated by the Agency's Report to the City Council. Section 4: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Areas, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of West Covina at the time of their displacement. No persons or families of low- or moderate -income shall be displaced from residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency -5- shall not displace any such persons or families. until such housing units are available and ready for occupancy. • Section 5: Any written objections to the Merger filed with the City Clerk of the City of West Covina before the hour set for hearing and all oral objections presented to the City Council at the hearing having been considered are hereby overruled. Section 6: Except as and to the extent expressly amended and modified by this Merger and other ordinances of the City, all provisions of the Redevelopment Plans for the Eastland Redevelopment Project and the Central Business District Redevelopment Project shall remain in full force and effect. Section 7: In order to implement and facilitate the effectuation of the Merger as hereby approved, this City Council hereby (a).pledges its cooperation in helping to carry out the Merger, (b) requests the various officials, departments, boards and agencies of the City of West Covina having administrative responsibilities in .the Project Areas likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the development of the Project Areas, (c) stands ready to consider and take appropriate action upon proposals and measure designed to effectuate the Merger, and (d) declares its intention to .undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Merger. Section 8: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merger. Section 9: The City Clerk is hereby directed to record with the County Recorder Of Los Angeles County a description of the land within the Project Areas and a statement that proceedings for the redevelopment of the Project Areas, as hereby merged, have been instituted under the Community Redevelopment Law. Section 10: The City Clerk is hereby directed to transmit a copy of the description and statement to be recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the merged Project Areas to the Auditor and Assessor of the County of Los Angeles, to the governing body of each of the taxing agencies which levies taxes upon any property in the merged Project Areas, and to the State Board of Equalization. Section 11: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 12: If any part of this Ordinance or the Merger which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Merger, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Merger if such invalid portion thereof had been deleted. Section 13: A certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance or the full text of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in the Tribune, a newspaper of general circulation, published and circulated in the City of West Covina. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. In • Section 14: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. APPROVED AND ADOPTED this 21stday of December , 19 93 Richard Jennin ayor ATTEST: ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1927 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of December , 1993. That, thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the 21st day of December , 1993, by the following vote: AYES: Jennings, Herfert, Planners, McFadden NOES: None ABSENT: None ABSTAIN: Wong APPROVED AS TO FORM: cj City Aitorney MRG170SE:ORD.12/93 DOOR, _ r /� •ity Clerk' i 16, CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 7 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: -Janet Berry, CityClerk/ City of West Covina, Califo nia