Loading...
Ordinance - 19510 0 ORDINANCE NO. 1951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE REDEVELOPMENT PLAN FOR THE WEST COVINA REDEVELOPMENT PROJECT IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 WHEREAS, the Redevelopment Agency of the City of West Covina (the "Agency") is a public body, corporate and politic, organized and existing under the Community Redevelopment Law of the State of California (California Health and Safety Code Section 33000, et seq.); and WHEREAS, the City Council of the City of West Covina (the "City"), by enacting Ordinance No. 1180 on December 20, 1971, adopted the Redevelopment Plan (the "CBD Plan") for the Central Business District Redevelopment Project (the "CBD Project") for the redevelopment project area as therein defined, encompassing approximately two hundred thirty- nine and ninety-eight hundredths (239.98) acres (the "Original CBD Project Area"); and WHEREAS, the City Council, by enacting Ordinance No. 1342 on May 23, 1977, adopted the First Amendment to the CBD Plan (the "CBD First Amendment"), which CBD First Amendment made changes to the CBD Plan but did not add any territory to the CBD Project; and WHEREAS, the City Council, by enacting Ordinance No. 1481 on July 7, 1980, adopted the Second Amendment to the CBD Plan (the "CBD Second Amendment"), which CBD Second Amendment added. approximately three hundred eighteen and forty-two. hundredths (318.42) acres of territory to the CBD Project (the "CBD Added Territory No. 1 "); and WHEREAS, the City Council, by enacting Ordinance No. 1657 on December 20, 1984, adopted the Third Amendment to the CBD Plan (the "CBD Third .Amendment"), which CBD Third Amendment added approximately four and thirty-seven hundredths (4.37) acres of territory to the CBD Project (the "CBD Added Territory No. 2"); and WHEREAS, the City Council, by enacting Ordinance No. 1269 on July 14, 1975, adopted the Redevelopment Plan (the "Eastland Plan") for the Eastland Redevelopment Project (the "Eastland Project") for the redevelopment project area as therein defined, encompassing approximately one hundred ninety-nine (199) acres (the "Original Eastland Project Area"); and WHEREAS, the City Council, by enacting Ordinance No. 1852 on July 9, 1990, adopted the First Amendment to the Eastland Plan (the "Eastland First Amendment"), which Eastland First Amendment added approximately one thousand one hundred sixteen (1,116) acres of territory to the Eastland Project (the "Eastland Added Territory No. 1 " ); and WHEREAS, the City Council, by enacting Ordinance No. 1928 on December 21, 1993, adopted the Redevelopment Plan (the "Merged Plan") for the West Covina Redevelopment Project (the "Merged Project"), which Merged Plan merged the CBD Project and the Eastland Project into the Merged Project, and added approximately sixty-four and two -tenths (64.2) acres to the Merged Project (the "Merged Project Added Territory No. 1 " ); and WHEREAS, the Merged Plan established a limitation on the tax increment revenues which may be distributed to the Agency,.a limitation on establishing of loans, advances and indebtedness to finance the Merged Project, and a limitation upon the period during which the power of eminent domain may be exercised; and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1, 1994, amended Section 33333.6 of the California Community Redevelopment Law (unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the Community Redevelopment Law) and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31, 1993, and further required legislative bodies of redevelopment agencies to enact ordinances amending redevelopment plans adopted prior to December 31, 1993 to comply therewith; and November 29. 1994 PUBL:21637-11319 I B2740.0 WHEREAS, Section 33333.6 (a) (1) of the Community Redevelopment Law provides: "The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 33333.4 shall not exceed 20 years from the adoption of the redevelopment plan or January 1, 2004, whichever is later, but does not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. This limit, . however, shall not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413. This limit shall not prevent agencies from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness in not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid"; and WHEREAS, Section 33333.6 (a) (2) provides: "The time limitation may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier."; and WHEREAS, Section 33333.6 (b) provides: "The effectiveness of every redevelopment plan subject to the provisions of Section 33333.6 shall terminate at. a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. "; and WHEREAS, Section 33333.6 (c) provides that except as provided in subdivisions (g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision (b); and WHEREAS, Section 33333.6 (e) (1) provides that unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established. by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish. time limits that do not exceed the provisions of subdivision (a), (b), or (c); and WHEREAS, Section 33333.6 (e) (2) provides that the limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans; and Va-IEREAS, Section 33333.6 (f) (1) provides that if a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of this limitation; and WHEREAS, Section 33333.6 (f) (2) provides that a redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6; and WHEREAS, Section 33333.6 (g) provides: "The limitations established in the ordinance adopted pursuant to this section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a November 29, 1994 PUBL:21637_113191B2740.0 2 replacement housing program pursuant to Section 33413. In the event of a conflict between these limitations and the obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 33413. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e)"; and WHEREAS, Section 33333.6 (h) provides: "This section shall not be construed to affect the validity of any bond, indebtedness, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation."; and WHEREAS, Section 33333.6 (i) provides that a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670, with respect to a redevelopment plan adopted prior to January 1, 1994, after the date identified in subdivision (c) or the date identified in the redevelopment plan, whichever is earlier, except as provided in. paragraph (2) of subdivision (f) or in subdivision (h); and WHEREAS, Section 33333.6 0) provides that the Legislature finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January 1, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date, and further that it is not the intent of the Legislature to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1, 1994; and WHEREAS, the Merged Plan currently contains certain time limitations which may not accord with those time limitations required by Section 33333.6; and WHEREAS, the City Council is adopting this ordinance to amend and. establish certain time limitations of the Merged Plan, as more particularly provided below, to comply with the time limitations pursuant to Section 33333.6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: Section 1. Except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitations with respect to the Original CBD Project Area are hereby established: (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation on the establishing of loans, advances and indebtedness with respect to the Original CBD Project Area to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the Merged Project shall be January 1, 2004; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to the Original CBD Project Area shall. be December 20, 2011. November 29, 1994 PUBL:21637_113191B2740.0 (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), .(g), and (h), or other provisions of the CRL, and as further stated herein, the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to the Original CBD Project Area pursuant to Section 33670 under the Merged Plan shall be December 20, 2021. Section 2. Except to the extent a longer period of time may now or hereafter be ,v allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitation with respect to the CBD Added Territory No. 1 only is hereby established: (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as, further stated herein, the time limitation on the establishing of loans, advances and indebtedness with respect to CBD Added Territory No. 1 to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the Merged Project shall be January 1, 2004; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to CBD Added Territory No. 1 shall be July 7, 2020. (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the CRL, and as further stated herein, the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to CBD Added Territory No. 1 pursuant to Section 33670 under the Merged Plan shall be July 7, 2030. Section 3. Except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitation with respect to the CBD Added Territory No. 2 only is hereby established: (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation on the . establishing of loans, advances and indebtedness with respect to CBD Added Territory No. 2 to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the Merged Project shall be December 20, 2004; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to CBD Added Territory No. 2 shall be December 20, 2024. (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the CRL, and as further stated herein, the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to CBD Added Territory No. 2 pursuant to Section 33670 under the Merged Plan shall be December 20, 2034. November 29, 1994 PUBL:21637_113191B2740.0 4 Section 4. Except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitations with respect to the Original Eastland Project Area are hereby established: (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation on the establishing of loans, advances and indebtedness with respect to the Original Eastland Project Area to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the. Merged Project shall be January 1, 2004; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to the Original Eastland Project Area shall be July 14, 2015. (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the CRL, and as further stated herein, the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to the Original Eastland Project Area pursuant to Section 33670 under the Merged Plan shall be July 14, 2025. Section 5. Except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitation with respect to Eastland Added Territory No. 1 only is hereby established: (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the . Community Redevelopment Law, and as further stated herein, the time limitation on the establishing of loans, advances and indebtedness with respect to Eastland Added Territory No. 1 to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the Merged Project shall be July 9, 2010; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g); and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to Eastland Added Territory No. 1 shall be December 21, 2028. (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the CRL, and as further stated herein, the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to Eastland Added Territory No.'I pursuant to Section 33670 under the Merged Plan shall be December 21, 2038. Section 6. Except to the extent a longer period of time may now or hereafter be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the following time limitation with respect to Merged Project Added Territory No. 1 only is hereby established: November 29, 1994 PU BL:21637_I 1 319 J B2740.0 S 0 (a) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or'other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation on the establishing of loans, advances and indebtedness with respect to Merged Project Added Territory No. 1 to be paid with the proceeds of property taxes received pursuant to Section 33670 to finance in whole or in part the Merged Project shall be December 21, 2013; provided that this limit shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the Agency's housing obligations under Section 33413, and this limit shall not prevent the Agency from refinancing, refunding, or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid does not exceed the date on which the .indebtedness would have been paid. (b) Except as provided by Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the Community Redevelopment Law, and as further stated herein, the time limitation as to the effectiveness of the Merged Plan with respect to Merged Project Added Territory No. 1 shall be December 21, 2028. (c) Except to the extent a longer period of time may be allowed pursuant to Section 33333.6, subdivisions (a)(1), (a)(2), (f)(2), (g), and (h), or other provisions of the CRL, and as further stated herein; the time limitation to receive property taxes to pay indebtedness or to receive property taxes with respect to Merged Project Added Territory No. 1 pursuant to Section 33670 under the Merged Plan shall be December 21, 2038. Section 7. Sections 1 through 6, inclusive, of this Ordinance, and each subdivision `thereof, shall to the extent of a conflict, if any, take precedence over those limitations in the Merged Plan concerning such limitations. Section 8. No action with respect to the extension of the time limitation on the establishing of loans, advances and indebtedness, as set forth in Section 33333.6 (a)(2), or the extension of any other limitation set forth herein, is being taken at this time, but the right to consider such an extension of such time limitations is hereby reserved. Section 9. The City Council finds and determines that the amendments to the Merged Plan as adopted by this ordinance are in compliance with the time limitations set forth in Section 33333.6. Section 10. The Merged Plan shall remain in full force and effect, unmodified, except to the extent of those particular amendments expressly set forth in this Ordinance. Section 11. If any part of this Ordinance or the amendment to the Merged 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 Merged Project, and the City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the amendment to the Merged Project if such invalid portion thereof had been deleted. Section 12. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law in a newspaper of general circulation which is published and circulated in the City of West Covina. November 29, 1994 PUBL:21637_113191 B2740.0 6 U-A 0 K Section 13. This Ordinance shall be in full force and effect thirty (30) days from and, after the date of final passage. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of West Covina held the 20th day of December, 1994. ATTEST: Ci .y Clerk Bradley�McFa�,Mayor Novanbe. 29, 1994 PUBL:21637.11319IB2740.0 7 0 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. 1951 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of December, 1994. That, thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the 20th day of December, 1994, by the following vote: AYES: Manners, Herfert, McFadden NOES: None ABSENT: None ABSTAIN: Touhey, Wong APPROVED AS TO FORM: EL,o Cho City orney C/ City Clerk November 29, 1994 PUBL:21637_113191B2740.0 9 0