Loading...
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 FA 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. K3 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 VuiONIM3V1UVIVM6' 0 5