Ordinance - 2161ORDINANCE NO.2161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A PROGRAM FOR THE USE OF
EMINENT DOMAIN BY THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA PURSUANT TO SB 53
• WHEREAS, on December 20, 1971 by Ordinance No. 1180, the West Covina City
Council ("City Council") adopted the redevelopment plan to establish the original Central
Business District Redevelopment Project Area; and
WHEREAS, on July 14, 1975, by Ordinance No. 1269, the City Council adopted a
redevelopment plan to establish the original Eastland Redevelopment Project Area; and
WHEREAS, on May 23, 1977, by Ordinance No. 1342, the City Council adopted First
Amendment to the Central Business District Redevelopment Project Area; and
WHEREAS, on July 2, 1980, by Ordinance No. 1481, the City Council adopted the
redevelopment plan for the Second Amendment to the Central Business District Redevelopment
Project Area; and
WHEREAS, on December 20, 1984, by Ordinance No. 1657, the City Council adopted
the Third Amendment to the Central Business District Redevelopment Project Area; and
WHEREAS, on July 9, 1990, by Ordinance No. 1852, the City Council adopted the First
Amendment to the Eastland Redevelopment Project Area; and
WHEREAS, on December 21, 1993, by Ordinance No. 1927, the City Council adopted
the First Amendment to the West Covina Redevelopment Plan and approved the merger of the
Central Business District and the East Redevelopment Project Area and by Ordinance 1928,
adopted the West Covina Redevelopment Project Area (Project Area") and added three non-
contiguous areas to the merged Project Area; and
WHEREAS, on February 20, 1996, by Ordinance No. 1964, the City Council adopted the
Second Amendment to the West Covina Redevelopment Plan that deleted an estimated 21.05
acres from the boundaries of the Project Area; and
WHEREAS, on June 15, 1999, by Ordinance No. 2037, the City Council adopted the
redevelopment plan to establish the Citywide Redevelopment Project Area ("Citywide Project
Area"); and
WHEREAS, on December 2, 2003, by Ordinance No. 2106, the City Council amended
the Project Area in conformance with Senate Bill 211 and Senate Bill 1045; and
WHEREAS, the Community Development Commission of the City of West Covina
("CDC") has been designated as the official redevelopment agency in the City of West Covina to
carry out the functions and requirements of the Community Redevelopment Law of the State of
California (Health and Safety Code Section 33000 et seq.) and to implement the West Covina
Redevelopment Plan; and
WHEREAS, Section 33342.7 of the Health and Safety Code was added by Senate Bill
13, which took effect on January 1, 2007, and requires a legislative body that adopted a
�. redevelopment plan containing eminent domain authority before January 1, 2007, to adopt an
ordinance on or before July 1, 2007, containing a description of the CDC's program to acquire
real property by eminent domain; and
WHEREAS, the West Covina Redevelopment Plan provides the CDC with authority to
use eminent domain to acquire real property in the Project Area and Citywide Project Area under
certain limited circumstances following compliance with all requirements of law.
Ordinance No. 2161
Page 2
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Covina as follows:
SECTION 1. The following is hereby adopted as the CDC's program to acquire real
• property by eminent domain pursuant to Health and Safety Code Section 33342.7:
Except as specifically limited herein, the CDC may, but is not required to, acquire, or
obtain options to acquire, all real property located in the Project Area or Citywide Project Area
(hereinafter, "West Covina Project Areas") by gift, devise, exchange, purchase, eminent domain
or any other lawful method whatsoever.
The CDC may also acquire any other interest in real property less than a fee interest,
including, but not limited to, an easement, a leasehold, or a security interest. Since it is in the
public interest and is necessary for the elimination of those conditions requiring redevelopment,
the power of eminent domain may be employed by the CDC to acquire real property in the West
Covina Project Areas.
The CDC must commence eminent domain proceedings with respect to any property
which it intends to acquire in the Project Area within twelve (12) years of the date of adoption
Ordinance No. 2115. Similarly, the CDC must commence eminent domain proceedings with
respect to any property which it intends to acquire in the Citywide Project Area within twelve
(12) years of the date of adoption of Ordinance No. 2037. These time limits for commencement
of eminent domain proceedings may be extended only by amendment of the West Covina
Redevelopment Plan.
The CDC is not authorized to acquire real property owned by public bodies which do not
consent to such acquisition. The CDC is authorized, however, to acquire public property
transferred to private ownership before redevelopment of the West Covina Project Areas is
completed, unless the CDC and the private owner enter into a participation agreement and the
owner completes its responsibilities under the participation agreement.
The CDC is authorized to acquire structures without acquiring the land upon which those
structures are located. The CDC is authorized to acquire either the entire fee or any other interest
in real property less than a fee.
It is the policy of the CDC to encourage the participation of property owners and
businesses within the West Covina Project Areas. Accordingly, the CDC has adopted Owner
Participation Rules, which extend reasonable preferences to persons who own property or are
engaged in business within the West Covina Project Areas, to continue to re-enter in business
within the West Covina Project Areas. The power of eminent domain shall not be exercised
except in compliance with the rules and procedures set forth therein, as amended from time to
time.
Generally, personal property shall not be acquired, unless such acquisition is necessary in
connection with the acquisition of real property. However, where necessary in the execution of
the West Covina Project Areas, the CDC is authorized to acquire personal property in the West
Covina Project Areas by any lawful means, including eminent domain.
Prior to any acquisition through eminent domain the CDC shall adopt a resolution
declaring a need to acquire any specific property and authorizing the acquisition of such method.
SECTION 2. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the CDC.
SECTION 3. If any part of this Ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this Ordinance, and this City
Council hereby declares that it would have passed the remainder of this Ordinance if such invalid
portion thereof had been deleted.
Ordinance No. 2161
Page 3
SECTION 4. The City Clerk will certify to the passage of this Ordinance by the City
Council of the City of West Covina, California, and cause the same to be published in a
newspaper of general circulation, published and circulated in the City of West Covina, and it will
take effect thirty (30) days after its final passage on July 5, 2007.
APPROVED AND ADOPTED on this 5`" day of June 2007.
•
111 ��1 §4
1
ATTEST:
Citv Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 15th day of May, 2007. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5`, day of
June 2007, by the following vote:
AYES:
Herfert, Hernandez, Lane, Sanderson,
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
A-7
City Attorney Arno d Alvarez-Glasman
0