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Ordinance - 2037ORDINANCE NO.2037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE CITYWIDE REDEVELOPMENT PROJECT • WHEREAS, the City Council of the City of West Covina (the "City Council") proposes to adopt the Redevelopment Plan (the "Plan") for the Citywide Redevelopment Project (the "Project"); and WHEREAS, the Redevelopment Agency of the City of West Covina (the "Agency") is a duly constituted redevelopment agency under the laws of the State of California; and WHEREAS, the purpose of the Plan is to include portions of the City of West Covina (the "City") in a redevelopment project area subject to the Project (the "Project Area"); and . WHEREAS, the City Council has received from the Agency the proposed Plan for the Project, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to the City Council including the reasons for the Project, a description of the physical and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of West Covina (the "Planning Commission") as to the conformity of the Plan with the City's General Plan, the Owner Participation Rules, an implementation plan, a neighborhood impact report, a summary of consultations with Project Area owners and businesses, an environmental impact report on. the Plan (the "Final EIR"), the report of the county fiscal officer and the Agency's analysis thereof and summary of consultations with taxing agencies; and WHEREAS, the City Council determined that a Project Area Committee (the "PAC") should be created to review and comment on Project related documents and procedures as appropriate and required by the California Community Redevelopment Law (the "CCRL"), and such PAC was created pursuant to provisions of the CCRL; and WHEREAS, the PAC, by Resolution No. 99-I, has recommended approval of the Plan and has submitted its report and recommendation on the Plan to the City Council; and WHEREAS, the Planning Commission has submitted to the City Council its report and recommendations concerning the Plan and its certification that the Plan conforms to the General Plan for the City of West Covina; and WHEREAS, the City Council and the Agency held a joint public hearing on June 1, 1999, on the adoption of the Plan in the City Council Chambers, West Covina City Hall located at 1444 W. Garvey Avenue, South, West Covina,. California; and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of West Covina, once a week for four successive weeks prior to the date of said hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and -the Agency; and • WHEREAS, copies of the notice of 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 all residents and businesses within the Project Area at least 30 days prior to the joint public hearing; and WHEREAS, each assessee in the Project Area whose property could be subject to acquisition by purchase or condemnation under the provisions of the Plan was sent a letter to such effect attached to the notice of the joint public hearing, including a map of the Project Area; and NpalWf City Council of the City of West Covina Ordinance No. 2037 Page 2 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 Area; and • WHEREAS, the Agency and the City Council have each independently found and determined that, for certain significant effects identified by the Final FIR, mitigation measures and a monitoring program therefor have been required in, or incorporated into, the Project which avoid or substantially lessen such effects except for air quality and transportation and circulation impacts; and WHEREAS, as to the unavoidable air quality and transportation and circulation impacts identified in the Final EIR which were not eliminated or substantially lessened, the Agency and the City Council adopted a Statement of Overriding Considerations; and WHEREAS, the Agency and City Council have each independently found and determined that potential mitigation measures or project alternatives not incorporated into the Project (including the "No Project" alternative) were rejected as infeasible based upon specific economic, social or other considerations as set forth in the Final EIR and the "Statement of Facts;" and WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final EIR submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the recommendations of the PAC, the report of the Agency, the Plan and its economic feasibility, and the Final EIR, 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 Plan and has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk prior to the conclusion of the joint public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Project Area as it relates to the Plan are to accomplish the following: 1. Encourage the redevelopment of the Project Area subject to and consistent with the City's General Plan and/or specific development plans as may be adopted from time to time through the cooperation of private enterprise and public agencies. 2. Enhance the long term economic well-being of the community. 3. Provide for the rehabilitation of commercial and industrial structures and residential dwelling units. 4. Provide public infrastructure improvements and community facilities, such as the installation, construction, and/or reconstruction of streets, utilities, public buildings and facilities (such as facilities for pedestrian circulation and parking facilities), storm drains, utility undergrounding, street lighting, landscaping and other improvements which are necessary for the effective redevelopment of the Project Area. NpaM f City Council of the City of West Covina Ordinance No.2037 Page 3 5. Provide for participation in the redevelopment of property in the Project Area, where feasible, by owners who agree to so participate in conformity with the Redevelopment Plan. i6. Encourage joint efforts and cooperative efforts among property owners, businesses and public agencies to achieve desirable economic development goals and programs and to reduce or eliminate deteriorating conditions. 7. Increase, improve and preserve the community's supply of affordable housing. 8. Acquire real property. 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 the City Council on the proposed Plan, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Plan held on June 1, 1999, that: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the CCRL. This finding is based on the following conditions which characterize the Project Area: Physical Blighting Conditions (1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors, (2) Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This conditions can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. Economic Blighting Conditions (1) Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). (2) Abnormally high business vacancies, abnormally low lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. (3) A high crime rate that constitutes a serious threat to the public safety and welfare. • This finding is further based on the conditions of blight characterized by the existence of inadequate public improvements, parking facilities or utilities. Such conditions are so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, thereby requiring redevelopment in the interest of the health, safety and general welfare of the people of the City Npa784r[ City Council of the City of West Covina Ordinance No. 2037 Page 4 and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available • governmental action. ' b) The Project Area is a predominantly urbanized area. This finding' is based upon the Agency's 1999 Report to the City Council, which demonstrates that not less than eighty percent (80%) of the privately owned property in the Project Area has been or is developed for urban uses. In addition, as demonstrated by the Agency's Report to the City Council, the Project Area is part of an area developed for urban uses. c) The Plan will redevelop the Project Area in conformity with the CCRL and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the purposes of the CCRL would be attained by the Project, by the elimination of areas suffering from economic dislocation or disuse; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; by protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious conditions through appropriate means; and through the installation of new or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities. d) The adoption and carrying out of the Plan is economically sound and feasible. This finding is based on the fact that under the Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including property and retail sales tax increment; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Project Area; that under the Plan no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the financing plan included within the Agency's Report to the City Council demonstrates that sufficient financial resources will be available to carry out the Project. e) The Plan conforms to the General Plan of the City of West Covina, including, but not limited to, the housing element of the General Plan, which substantially 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 on the finding of the Planning Commission that the Plan conforms to the General Plan for the City of West Covina. f) The carrying out of the Plan will promote the public peace, health, safety and welfare of the City of West Covina and will effectuate the purposes and policies of the CCRL. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight as previously described herein under Section 2 and by coordinating public and private actions to stimulate development and improve declining economic and physical • conditions within the Project Area, and by increasing employment, recreation and housing opportunities within the City. g) The condemnation of real property is necessary for the execution of the Redevelopment Plan, therefore, the Agency does have the authority to use eminent domain for any properties located in the Project Area. This finding is based upon the fact that the Agency had adopted an eminent domain policy which does permit the condemnation of properties in the Project Area in order to best serve the interests of the community and achieving the Agency's Npa184,f City Council of the City of West Covina Ordinance No.2037 Page 5 long-term objectives. The Agency has adopted Relocation Guidelines which make provisions for payment of property to be acquired as provided by law. h) The Agency proposes no relocation of persons; however, in the event any displacement does occur, the Agency has a feasible method and plan for the relocation of families and persons who might be displaced temporarily or permanently from housing facilities • in the Project Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation of families, persons and businesses affected by Agency projects, and upon the fact that the Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. i) 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 industrial and commercial facilities and at rents or prices within the financial means of the 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 such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the information contained in the Agency's Report to the City Council that no persons are expected to be displaced as a result of the implementation of the Plan, and that even if some persons were to be displaced there are sufficient existing dwellings which would be available to persons displaced by the implementation of the Plan. j) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1. Dwelling units, housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5. This finding is based upon the fact that the Agency has adopted a plan for relocation of families, persons and businesses affected by Agency projects, and upon the fact that the Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation (see also finding g) above). k) Inclusion of any lands, 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 solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to CCRL Section 33670 without other substantial justification for its inclusion. This finding is baseduponthe fact that all properties within Project Area boundaries were included because they were underutilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Plan or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Project. 1) 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 areas pursuant to CCRL Section 33670 without other substantial justification for their inclusion. • m) The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone, without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. Np,184,f City Council of the City of West Covina Ordinance No. 2037 Page 6 n) Agency, working with engineering, planning, housing and other City officials as appropriate and necessary has prepared a projects and programs list outlining projects and programs that will be necessary to eliminate blighting conditions, as previously defined in Section 2 of this Ordinance, and that each of those listed items has been projected to cost an amount of money that will be allocated to the Agency in accordance with CCRL Section 33610. • Based upon projections of tax increment growth within the Project Area and in accordance with the permissible time that the Agency may collect tax increment pursuant to Section 33670 and in conjunction with other financing sources available to the Agency, the Agency finds that the time limitation and the limitations on the number of dollars to be allocated to the Agency that are contained in the Plan are reasonably related to the proposed projects to be implemented in the proposed Project Area and to the ability of the Agency to eliminate blight within the proposed Project Area. Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City of West Covina at the time of their displacement. This finding is based upon the City Council's finding that no persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Section 4. Written objections to the Plan filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project Area property owners, occupants, and affected taxing agencies, having been responded to in writing, are hereby overruled. Section 5. The Final EIR for the Plan, a copy of which is on file in the office of the Agency and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City of West Covina pursuant to or in implementation of the Plan, shall be undertaken in accordance with the mitigation measures and monitoring program set forth in the Final EIR, and the Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of such activities. Section 6. That certain Redevelopment Plan for the Citywide Redevelopment Project, the map contained therein, and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered is hereby incorporated into 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 Citywide Redevelopment Project. • Section 7. In order to implement and facilitate the effectuation of the Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Plan, (b) requests the various officials, departments, boards, and agencies of the City 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 redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the Plan. Npa 184rf City Council of the City of West Covina Ordinance No. 2037 Page 7 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 Plan. 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 Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the CCRL. Section 10. The Building Department of the City is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. • Section 11.. The City Clerk is hereby directed to transmit a copy of the description and statement 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 Project Area, to the Auditor -Controller 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 Project Area, and to the State . Board of Equalization, within thirty (30) days following the adoption of the Plan. Section 12. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of West Covina, Section 13. If any part of this Ordinance or the 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 Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Plan if such invalid portion thereof had been deleted. Section 14. This Ordinance shall be in full force and effect thirty (30) days after passage. PASSED AND APPROVED on this /5*' day of mt 1999. ATTEST: CJLLU(t2 st ty Clerk 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) r I, Janet Berry, City Clerk of the City of West Covina hereby certify that the foregoing Ordinance, was regularly introduced and placed upon its first reading at a regular meeting of the City Council held on the 1st day of June, 1999. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council held on the 166' day of f NE , 1999, by the following vote: NpaMff City Council of the City of West Covina Ordinance No. 2037 Page 8 • 0 AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSENT: None ABSTAIN: None C%/id�tL+ti City Clerk APPROVED AS TO FORM: L` City Attorney