Ordinance - 19644,
ORDINANCE NO. 1964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA APPROVING AND ADOPTING AMENDMENT NO. 2 TO THE
REDEVELOPMENT PLAN FOR THE WEST COVINA
REDEVELOPMENT PROJECT AS THE OFFICIAL REDEVELOPMENT
PLAN FOR SAID PROJECT
WHEREAS, the City Council of the City of West Covina (the "City Council") approved
and adopted the Redevelopment Plan for the West Covina Redevelopment Project (the
"Redevelopment Plan") by the merger of the Central Business District and Eastland
Redevelopment Plans on December 21, 1993, by Ordinance No. 1927; and
WHEREAS, the City Council did duly pass and approve Ordinance No. 1928 on
December 21, 1993, and did thereby amend the Redevelopment Plan in order to add certain
territory (the "Added Territory") to the boundaries of the West Covina Redevelopment Project
(the ."Merged Project Area") (the Merged Project Area and the Added Area are referred to
collectively herein as the "Project Area"); and
WHEREAS, the City Council did duly pass and approve Ordinance No. 1951 on
December 20, 1994, and did thereby amend the Redevelopment Plan in accordance with the
requirements of Section 33333.6 of the Community Redevelopment Law, California Health and
Safety Code Sections 33000, et seq. (the "CRL"); and
WHEREAS, The City Council has received from the Redevelopment Agency of the City
of West Covina (the "Agency") the proposed Amendment No. 2 to the Redevelopment Plan (the
"Amendment No. 2") a copy of which is on file with the City Clerk at the Office of the City Clerk,
1444 W. Garvey Avenue South, West Covina, CA 91793, together with the report of the Agency
prepared pursuant to Section 33457.1 of the CRL (the "Report to City Council"), which includes
a description and discussion of the proposed Amendment No. 2 which revises the Redevelopment
Plan to delete certain territory, and a discussion of certain other matters as set forth in Section
33352 of the CRL and including the Negative Declaration on Amendment No. 2 (the "Negative
Declaration"); and
WHEREAS, the Planning Commission has submitted to the City Council its certification
that Amendment No. 2 conforms to the General Plan of the City of West Covina (the "City"); and
WHEREAS, the City Council and the Agency held a joint public hearing on February 6,
1996, concerning the adoption of Amendment No. 2 and the adoption of the Negative
Declaration; and
WHEREAS, notice of the joint public hearing was duly and regularly published in a
newspaper of general circulation in the City once a week for three (3) successive weeks prior to
the date of the joint public 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 the joint public hearing were mailed by first class mail
to the last known address of each assessee, as shown on the last equalized assessment roll of the
County of Los Angeles, for each parcel of land in the Project Area, and to persons, firms, or
corporations which have acquired property within the Project Area from the Agency at the last
known address as shown on the Agency's records; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class
mail to all residents and businesses in the Project Area' at least thirty (30) days prior to the joint
public hearing; 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 known taxing agency which receives
taxes from property in the Project Area; and
WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the
proposed Amendment No. 2, this Ordinance shall contain the findings required by Section 33367
of the CRL; and
WHEREAS, the City Council has considered the Report to City Council, the proposed
Amendment No. 2 and its economic feasibility, and the Negative Declaration; 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 proposed Amendment No. 2 and has
made written findings in responses to each written objection of an affected property owner and
taxing entity, if any were filed with the City Clerk beforesthe hour set for such joint public hearing;
and
WHEREAS, the Agency and the City Council have reviewed and considered the
Negative Declaration for the Redevelopment Plan, prepared and submitted pursuant to Public
Resources Code Section 21000 et seq. and Health & Safety Code Section 33352, and approved
said Negative Declaration . on Feb. 6 1996, by City Council Resolution
No. 92R2
NOW, THEREFORE, THE WEST COVINA CITY COUNCIL DOES ORDAIN AS
FOLLOWS:
SECTION 1:
The purpose and intent of the City Council with respect to the Project Area in connection
with Amendment No. 2 is to delete certain territory from the boundaries of the West Covina
Redevelopment Project (the "Deletion Area") in order to allow the Agency to continue to
undertake steps and previously approved projects to eliminate blight and blighting conditions and
achieve its goals and objectives within the remaining portion of the Project Area after deletion of
the Deletion Area (the "Remaining Project Area").
SECTION 2:
The City Council hereby finds and determines, based on the evidence in the record,
including, but not limited to, the Agency's Report to City Council on the proposed Amendment
No. 2, and all documents referenced therein:
a) Amendment No. 2 will allow continued redevelopment to occur within the Remaining
Project Area in conformity with the Community Redevelopment Law and in the
interests of the public health, safety and welfare. This finding is based in part upon the
fact that Amendment No. 2 merely removes the Deletion Area from the boundaries of
the Project Area, and thus allows the Agency to undertake needed redevelopment
activity in the Remaining Project Area.
b) The adoption and carrying out of Amendment No. 2 is economically sound and
feasible. This finding is based in part on the fact that with the passage of Amendment
No. 2, the Agency will engage in activities within the financial capability of the Agency
based upon the revenues that will be available to the Agency and will pursue those
activities which are consistent with revenues realized after the removal of the Deletion
Area. This finding is further based upon the fact that upon removal of the Deletion
Area; the Base Year Roll values established for the Added Territory and utilized to
calculate the division of taxes pursuant to Section 33670 of the CRL are revised to
reflect such deletion. Furthermore, this finding is based upon the fact that the
Agency's Report to City Council further discusses and demonstrates the economic
soundness and feasibility of the Redevelopment Plan and undertakings pursuant
thereto, even with the Deletion Area removed.
c) The Amendment No. 2 conforms to the General Plan of the City of West Covina
including, but not limited to, the Housing Element thereof, which substantially
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complies with the requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based in
part on the finding of the Planning Commission of the City of West Covina that the
Redevelopment Plan conforms to the General Plan for the City of West Covina.
d) The carrying out of the Amendment No. 2 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. This finding is based on the fact that
redevelopment will benefit the Remaining Project Area and the community by allowing
the Agency to correct continuing conditions of blight and by coordinating public and
private actions to stimulate development, contribute toward needed public
improvements and improve the economic, and physical conditions of the Remaining
Project Area and the community.
SECTION 3:
The City Council continues to be satisfied that in the event occupants of the remaining
Project Area are displaced, permanent housing facilities will be available within three (3) years
from the time occupants of the Remaining 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.
SECTION 4:
That certain document entitled "Amendment No. 2 to the Redevelopment Plan for the
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 and, as so incorporated, is hereby designated,
approved and adopted as the official "Redevelopment Plan for the West Covina Redevelopment
Project" (the "Redevelopment Plan").
SECTION 5:
In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby
approved, the City Council hereby (a) reflects its pledge of cooperation in helping to carry out the
Redevelopment Plan, (b) restates its request that the various officials, departments, boards and
agencies of the City of West Covina having administrative responsibilities in the Remaining
Project Area likewise cooperate to such end and exercise their respective functions and powers in
a manner consistent with the redevelopment of the Remaining Project Area, (c) reaffirms that it
stands ready to consider and take appropriate action upon proposals and measures designed to
effectuate the Redevelopment Plan, and (d) redeclares its intention to undertake and complete any
proceeding necessary to be carried out by the City of West Covina under the provisions of the
Redevelopment Plan.
SECTION 6•
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 Redevelopment Plan.
SECTION 7•
The City Clerk is hereby directed to record with the County Recorder of Los Angeles
County a description of the Deletion Area which has been removed from the Project Area, and a
statement that Amendment No. 2 has been approved in conformity with the CRL.
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SECTION 8:
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 7 of this Ordinance, a copy of this Ordinance and
a map or plat indicating the boundaries of the Deletion Area, to the auditor and tax assessor of the
County of Los Angeles, to the governing body of each of the taxing agencies that receives taxes
from property in the Remaining Project Area, and to the State Board of Equalization.
SECTION 9•
This Ordinance shall be in full force and effect thirty (30) days from and after the date of
final passage.
SECTION 10:
If any part of this Ordinance, or the Redevelopment Plan 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 Redevelopment Plan, and the City Council hereby declares it would have
passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if
such invalid portion thereof had been deleted. .
SECTION 11:
This Ordinance shall be introduced at least five (5) days prior to the City Council meeting
at which this Ordinance is to be adopted. This Ordinance shall be published and/or be posted as
required by law in accordance with Government Code Section 36933.
APPROVED AND ADOPTED by the City Council of the City of West Covina on this
20th day of February ,1996.
ATTEST:
AX 9�-
-City .Clerk
APPROVED AS TO FORM:
(Qi'0Cc. Ae QA G.
City Attorney
V
UMaycV
rd
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I HEREBY CERTIFY that the foregoing was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the 6th day of February , 1996.
That, thereafter, said Ordinance was duly adopted at a regular meeting by the City Council of the
City of West Covina on 20th . day of February , 1996, by the following vote:
AYES: Manners, McFadden, Touhey, Tong, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
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