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Resolution - 8355• I RESOLUTION NO. 8355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA AND SYLVAN S. SHULMAN CO./WEST COVINA ASSOCIATES, A DELAWARE LIMITED PARTNERSHIP" THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council of the City of West Covina hereby finds, determines and declares that: A. The Agency staff and Sylvan S. Shulman Co./West Covina Associates ("Developer") have negotiated a proposed Owner Participation Agreement ("Agreement") for the acquisition and sale of certain pro- perty in the Central Business District Redevelopment Project Area which Agreement conditions sale of said property upon its redevelopment and such other matters as are required by the Community Redevelopment Law. Developer qualifies as an owner participant under the Community Redevelopment Law and the Redevelopment Plan for the Central Business District Redevelopment Project. B. The Agency and the City Council held a duly noticed joint public hearing on said sale and approval of the Agreement pursuant to the requirements of Health and Safety Code Section 33433 and other applicable law. C. Concurrently with the first publication of the notice of said joint public hearing, the Agency and the City madoivailable to the public, a report on the proposed sale of the property and the terms of the Agreement, which report was duly prepared and made available to the public in accordance with the requirements of Health and Safety Code Section 33433 and other applicable law. D. Although the sale price of the property may be less than the Agency expenditures in acquiring and improving it as more particu- larly set forth in the report described in subparagraph C, the Agency and the City Council specifically find in accordance with the Authority of Health and Safety Code Section 33433 that said difference is neces- sary to. effectuate the provisions of the Central Business -District Redevelopment Plan in that said difference in cost is necessary to revitalize the Project Area and the community, and the actual purchase price of the property is within the range of values of comparable commercial properties in the area. E. The Agency and the City shall recoup said differences over the time period set forth in the Agreement by substantial increases in tax increment revenues which will be directly attributable to this Agreement. F. The public improvements to be installed and constructed pursuant to the Agreement are of benefit to the Project Area and the immediate neighborhood in which the property is located and no other reasonable means of financing such improvements are available to the community. G. The approval of the Agreement is conditioned upon the Developer complying with and implementing the mitigation measures described in the Final Environmental Impact Report approved by Resolution No. 8346 . H. Pursuant to Resolution No. 8346 , it appears that sub- stantially all environmental impacts of Developer's project are miti- gated to the extent required by the California Environmental Quality Act and other applicable law. Nonetheless, certain significant environ- mental impacts of the Project are unavoidable even after incorporation of all feasible mitigation requirements. These unavoidable environ- mental impacts include effects on air quality, energy, and public services and utilities. With respect to these effects, the Agency has balanced the benefits of the Project against the unavoidable environ- mental risks of the Project, and finds that the unavoidable environ- mental risks remaining after implementation of all feasible mitigation measures are acceptable due to the following specific economic, social and other considerations which are based on the Final Environmental Impact Report and other information in the public record: 1. Implementation of the Project will result in revitali- zation of the area within the City's Central Business. 2. Implementation of the Project will provide increased employment in business opportunities as envisioned by the City's economic development element of the City's General Plan. 3. Implementation of the Project will transform an under- utilized commercial site into an expanded major economic center for the City and provide needed recurring tax revenues to the City. 4. Implementation of the Project will improve the aesthetic quality of the Project Area upon completion of the Project. The Agency has balanced these project benefits against the unavoidable environmental risks and finds that these risks are acceptable because the Project benefits outweigh the unavoid- able environmental risks relating to air quality, energy, and public services and utilities. SECTION 2. The City Council of the City of West Covina hereby approves that certain Agreement entitled "Owner Participation Agreement by and between the Redevelopment Agency of the City of West Covina and Sylvan S. Shulman Co./West Covina Associates, a Delaware Limited Partnership" dated as of June 26, 1989 SECTION 3. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 26th ATTEST: City Clerk -2- day of June Mayor 5� I I HEREBY CERTIFY adopted by the City meeting thereof held the following vote: that the foregoing Resolution No. 8355 was duly Council of the City of West Covina at a regular on the 26th day of June , 1989, by AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN:Councilmembers APPROVED AS TO FORM: FPE260KJ McFadden, Tarozzi None None Manners, Lewis, Bacon -3- City Clerl