Ordinance - 2106ORDINANCE NO. 2106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING THE REDEVELOPMENT PLANS
FOR THE WEST COVINA REDEVELOPMENT PROJECT
AREAS IN ACCORDANCE WITH HEALTH AND SAFETY
• CODE SECTION 33333.2(c) and 33333.6(e)
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 ("CBD Plan") for
the Central Business District Redevelopment Project ('CBD Project") for the redevelopment
project area as therein defined, encompassing approximately two hundred thirty-nine and ninety-
eight hundredths (239.98) acres ('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 ('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 ('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 ('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 ('CBD Third Amendment"), which
CBD Third Amendment added approximately four and thirty-seven hundredths (4.37) acres
of territory to the CBD Project ('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 ('Eastland Project") for the redevelopment project area as therein defined,
encompassing approximately one hundred ninety-nine (199) acres ('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 ('Eastland First Amendment'), which
Eastland First Amendment added approximately one thousand one hundred sixteen (1,116)
acres of territory to the Eastland Project ('Eastland Added Territory No. 1"); and
WHEREAS, the City Council, by enacting Ordinance No. 1928 on December 21,
1993, adopted the Redevelopment Plan ('Merged Plan") for the West Covina Redevelopment
Project ('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 ('Merged Project Added Territory No. 1 "); and
WHEREAS, the City Council, by enacting Ordinance No. 1951 on December 20, 1994
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 11
WHEREAS, Senate Bill 211, which was enacted by the State of California and
became effective on January 1, 2002, amended Section 33333.6 of the California Community
Redevelopment Law by adding Section 33333.6(e)(2) [unless otherwise expressly set forth or
unless the context otherwise requires, all references to "Section" are Section(s) of the
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Community Redevelopment Law]. Senate Bill 211 permits, in part, redevelopment
agencies to eliminate financing time limitations upon redevelopment plans previously
imposed by Section 33333.6; and
WHEREAS, Section 33333.6(e)(2) of the Community Redevelopment Law provides in
pertinent part: "On or after January 1, 2002, a redevelopment plan may be amended by a
legislative body by adoption of an ordinance to eliminate the time limit on the establishment of
loans, advances, and indebtedness required by this section prior to January 1, 2002. In adopting
an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is
required to comply with Section 33354.6, Article 12 (commencing with Section 33450), or any
other provision of this part relating to the amendment of redevelopment plans, except that the
agency shall make the payment to affected taxing entities required by [Health and Safety Code]
Section 33607.7.'; and
WHEREAS, Senate Bill 1045, which was enacted by the State of California and
became effective on September 1, 2003, amended Section 33333.2 Senate Bill 1045 permits,
in part, redevelopment agencies to extend the effectiveness and financing time limitations
upon redevelopment plans previously imposed by Section 33333.6; and
WHEREAS, Section 33333.2(c) of the Community Redevelopment Law provides in
pertinent part: "When an agency is required to make a payment pursuant to Section 33681.9,
the legislative body may amend the redevelopment plan to extend the time limits required
pursuant to paragraphs (2) and (3) of subdivision (a) by one year by adoption of an ordinance.
In adopting this ordinance, neither the legislative body nor the agency is required to comply with
Section 33354.6, Article 12 (commencing with Section 33450), or any other provision of this
part relating to the amendment of redevelopment plans."; and
WHEREAS, the Merged Plan currently contains certain time limitations which do not
accord with those time limitations permitted 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 SB 211 and Section 33333.6(e)(2), and
WHEREAS, the City Council is adopting this ordinance to amend and establish certain.
time limitations of the Citywide Project Area, as more particularly provided below, to comply
with the time limitations pursuant SB 1045 and Section 33333.2(c).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES ORDAIN A5 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 time limitations with respect to the Original CBD Project Area, CBD first Amendment,
CBD Second Amendment, CBD Third Amendment, Original Eastland Project Area, Eastland
First Amendment, and, Merged Plan ("Plans") are hereby repealed.
Section 2. The above enumerated Plans are hereby amended to delete from the Plans
any and all time limits stated in the Plans that place, or purport to place, on the Redevelopment
Agency any deadline on the establishment of loans, advances, and indebtedness with respect to
the Plans or Project Areas.
Section 3. The foregoing amendment to the Plans are effected pursuant to the
authority established by Senate Bill 211, effective January 1, 2002, which is codified in pertinent
part in Health and Safety Code Section 33333.6(e)(2), and Senate Bill 1045, effective September
1, 2003, codified in pertinent part in Health and Safety Code Section 33333.2(c)
Sections 4. Except as amended hereby, the Plans shall remain in full force and effect
according to their terms.
Section 5. All required proceedings and considerations precedent to the adoption of
this Ordinance have been regularly taken in accordance with applicable law.
Section 6. The Executive Director of the Redevelopment Agency shall notify the
appropriate public entities of the adoption of this Ordinance.
Section 7. The City Council finds and determines that the amendment to the Plans
as adopted by this ordinance is in compliance with the time limitation provisions set forth in
• Section 33333.E of the Health and Safety Code.
Section 8. 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 9. 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 10. 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.
Section 11.This Ordinance shall be in full force and effect thirty (30) days from and
after the date of final passage.
APPROVED AND ADOPTED ON THIS 2" d day of December, 2003.
i,
ATTEST:
City Clerk Janet Berr
1 JANET BERRY, CITY CLERK City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 18"' of November, 2003. That,
thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the
2nd day of December, 2003, by the following vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
• APPROVED AS TO FORM:
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City Attorney Ar Id Alvarez-Glasman
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City Clerk Janet Berr,{/•
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