Loading...
Ordinance - 1928ORDINANCE NO. 1928 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING AN AMENDED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN AND EASTLAND REDEVELOPMENT PROJECT (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 (the "Project") and designated by such Ordinance certain area (the 'Eastland Original Area") as a redevelopment project area; and WHEREAS, the City Council by Ordinance No. 1852 approved the First Amendment to the Eastland Redevelopment Project; (the "First Amendment to the Eastland Redevelopment Project"), and by such Ordinance added certain area (the 'Eastland Amended Area") to the .Original 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 (the "Central Business District Original 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 (the "First Amendment"); 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 (the "Second Amendment") and by Ordinance No. 1657 approved the Third Amendment to the Central Business District Redevelopment Project (the "Third Amendment"); and by such Ordinances adding certain areas to the Central Business District Redevelopment Project (collectively, the "Central Business District Amended Areas"); and WHEREAS, the Eastland Original Area, the Central Business District Original Area, the Eastland Amended Area and the Central Business District Amended Areas shall together be referred to herein as the 'Existing Area"; and WHEREAS, the City Council has received from the West Covina Redevelopment Agency (the "Agency") the proposed'Am_ended Redevelopment Plan for the Central Business District Redevelopment Project and Eastland Redevelopment Project Merger/Amendment (the "West Covina Redevelopment Project"), a copy of which is on file with the City Clerk at the Office of .the City Clerk, City Hall, 1440 West Garvey Avenue South, West Covina, California, together with the Report to the City Council for the West Covina Redevelopment Project, including the reasons for the selection of the area proposed to be added to the Existing Area by the West Covina Redevelopment Project (the "Added Area"), a discussion of the physical, social and economic conditions existing in the Added Area, the proposed method of financing the redevelopment of the Added Area, an analysis of the Preliminary Plan, 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 Health and Safety Code; and WHEREAS, the Added Area and the Existing Area shall together be referred to herein as the "Project Area;" 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 Amended Redevelopment Plan for the Central Business District Redevelopment Project and Eastland Redevelopment Project Merger/Amendment (The "West Covina Redevelopment Project") and its certification that the West Covina Redevelopment Project 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 West Covina Redevelopment -2- Project, which document meets the requirements of the Community Redevelopment Law for the Amendment; and WHEREAS, the Agency has adopted a Relocation Plan for the West Covina Redevelopment Project by reference, providing 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, which document meets the requirements of the Community Redevelopment Law; and 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 Covina, California, concerning the adoption of the West Covina Redevelopment Project; 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 proposed Project Area; and WHEREAS, each assessee in the proposed Project Area 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 West Covina Redevelopment Project; 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 Existing Area and/or the Added Area; 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 West Covina Redevelopment Project; and WHEREAS, the City Council has general knowledge of the conditions existing in the Project Area and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the West Covina Redevelopment Project, 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 City Council for the West Covina Redevelopment Project, the West Covina Redevelopment Project 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 West Covina Redevelopment Project; and WHEREAS, the Agency and the City Council have each independently reviewed and considered the Environmental Impact Report for the West Covina Redevelopment Project, 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 sM.) 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 West Covina Redevelopment Project and have duly considered all thereof, and the -3- proceedings for the adoption of the proposed West Covina Redevelopment Project 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 Area are: a. To eliminate the conditions of blight existing in the Project Area. b. To prevent recurrence of blighting conditions within the Project Area. C. To provide for participation by owners and tenants and preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; to encourage and ensure the redevelopment of the Project Area in the manner set forth in the West Covina Redevelopment Project; and to provide for the relocation of residents, if any, displaced by the implementation of the West Covina Redevelopment Project. 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 Area to the benefit of the Project Area and the general public as a whole. e. To encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound development and utilization of the Project Area and by replanning, redesigning or redeveloping portions of the Project Area 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 West Covina Redevelopment Project is hereby approved and adopted, and the West Covina Redevelopment Project is hereby designated as the official Redevelopment Plan for the Central Business Redevelopment Project and Eastland Redevelopment Project Merger/Amendment and is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, a copy of which is hereby directed to be on file with the City Clerk. Section 3: The City Council hereby finds and determines that: a. The Project Area, which includes the Added Area, is a blighted area, 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 Area: (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 Area 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 -4- redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. • b. The West Covina Redevelopment Project will redevelop the Added Area and assist the redevelopment of the Existing Area 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 West Covina Redevelopment Project are economically sound and feasible. d. The West Covina Redevelopment Project conforms to the General Plan for the City of West Covina. e. The carrying out of the West Covina Redevelopment Project 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 West Covina Redevelopment Project is necessary to the execution of the West Covina Redevelopment Project 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 Area. h. There are, or are being provided, within the Project Area 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 Area, 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 Area 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 Area 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 Area. M. The Project Area, which includes the Added Area, is a predominantly urbanized area, as defined by Section 33320.1 of the Community Redevelopment Law. The Added Area is, and the Existing Area remains, an urbanized area. Not less than eighty percent (80%) of the privately owned property in the Added Area and the Existing Area, respectively, 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 Area, 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 -5- 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 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 West Covina Redevelopment Project filed with the City Clerk of the City of West Covina at or before the hour set for the joint public hearing and all oral objections presented to the City Council at the hearing, having been considered, are hereby overruled. Section 6: That certain document entitled "West Covina Redevelopment Project," the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of West Covina, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof. Except as and to the extent expressly modified by the West Covina Redevelopment Project, all provisions of the Redevelopment Plan for the Central Business District as approved by Ordinance Nos. 1180, 1342, 1481, and 1657; and all provisions of the Eastland Redevelopment Project as approved by Ordinance Nos. 1269 and 1852 shall remain in full force and effect. Section 7: In order to implement and facilitate the effectuation of the West Covina Redevelopment Project as hereby approved, this City Council hereby (a) pledges its cooperation in helping to carry out the West Covina Redevelopment Project, (b) requests the various officials, departments, boards and agencies of the City of West Covina having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measure designed to effectuate the West Covina Redevelopment Project, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the West Covina Redevelopment Project. 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 West Covina Redevelopment Project. 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 Added Area and a statement that proceedings for the redevelopment of the Added Area 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 Added Area, to the Auditor and Assessor of the County of Los Angeles, to the governing body of each of the taxing agencies which receives taxes from property in the Added Area, 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 West Covina Redevelopment Project 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 West Covina Redevelopment Project, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the West Covina Redevelopment Project 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 In • Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. 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 21st day of December, 1993. ATTEST: C,' D oty 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. 1928 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, Manners, McFadden NOES: None ABSENT: None ABSTAIN: Wong 'Cfi Clerk APPROVED AS TO FORM: O� . wek.ft. -'� City Xtiorney MRG171SE:ORD:12/93 i 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. 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. J et Berry, City Cl rk City of West Covina, California DATED: Pam. 111991-