Ordinance - 2177ORDINANCE NO. 2177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS
WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE
CENTRAL BUSINESS DISTRICT PROJECT AREA AND THE
EASTLAND PROJECT AREA PURSUANT TO THE PROVISIONS OF
HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D)
WHEREAS, the Community Development Commission of the City of West Covina (the
"Commission") 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.); (the "Law"); 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, 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, 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, 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, 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, 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. l"); and
WHEREAS, the City, 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 Commission has been designated as the office of the City of West
Covina to carry out the functions and requirements of the Law and to implement the
aforementioned Redevelopment Plans; and
WHEREAS, Section 33333.2(c) and Section 33333.6(e)(2)(C) of the Law were amended
by the California legislature, pursuant to Senate Bill No. 1045, effective September 1, 2003 ("SB
1045"), to provide that for those Commissions required to make a payment pursuant to Section
33681.9 of the Law, the City Council may amend the Redevelopment Plan by enacting an
ordinance to extend by one (1) year the time limits on the effectiveness of the Redevelopment
Plan and to extend by one (1) year the time limit to repay indebtedness with the proceeds of
property taxes received pursuant to Section 33670 of the Law; and
Ordinance No. 2177
Page 2
WHEREAS, pursuant to Senate Bill No. 1045 ("SB 1045"), the City, on December 20,
1994, adopted Ordinance No. 1951 establishing and amending certain time limitations with
respect to the Redevelopment Plans for the Original CBD Project Area, CBD Added Territory
No. 1, CBD Added Territory No. 2, Original Eastland Project Area, Eastland Added Territory
No. 1 and Merged Project Added Territory No. 1; and
WHEREAS, Section 33333.6(e)(2)(B) of the Law was amended pursuant to Senate Bill
No. 211, effective January 1, 2002 ("SB 211") to provide that the City may amend the
Redevelopment Plan to eliminate the time limit on the establishment of loans, advances and
indebtedness required by Section 33333.6 of the Law prior to January 1, 2002; and
WHEREAS, pursuant to SB 211, the City, on December 2, 2003, adopted Ordinance No.
2106 eliminating the time limit on the establishment of loans, advances and indebtedness and
amending certain time limits with respect to the Redevelopment Plans for the Original CBD
Project Area, CBD Added Territory No. 1, CBD Added Territory No. 2, Original Eastland
Project Area, Eastland Added Territory No. 1 and Merged Project Added Territory No. 1; and
WHEREAS, Section 33681.12, of the Law, which was added to the Health and Safety
Code by Senate Bill 1096 ("SB 1096"), required the Commission during the 2004-05 and 2005-
06 fiscal years to make a payment for deposit in the Los Angeles County's Educational Revenue
Augmentation Fund ("ERAF"); and
WHEREAS, with respect to redevelopment plans adopted on or before December 31,
1993 for which the time limit for the effectiveness of the redevelopment plan is more than ten
(10) years but less than twenty (20) years from the last day of the fiscal year in which an ERAF
payment is made pursuant to Section 33681.12 of the law, Section 33333.6 of the Law was
amended by SB 1096 to provide that when a redevelopment agency is required to make a
payment pursuant to section 33681.12 of the Law, the legislative body may amend the
redevelopment plan to extend by one (1) year, for each payment made, the time limit on the
effectiveness of the redevelopment plan and the limit to repay indebtedness or receive property
taxes pursuant to Section 33670 of the Law by adoption of an ordinance, without the necessity of
compliance with Section 33354.6 or Article 12 (commencing with Health and Safety Code
Section 33450) or any other provision of the Law related to the amendment of redevelopment
plans, including, but not limited to, the requirement to make the payment to affected taxing
entities required by Section 33607.7 of the Law provided the City makes certain findings with
respect to the Project Areas; and
WHEREAS, the Commission made the Fiscal Year 2004-05 ERAF payment to the Los
Angeles County Educational Revenue Augmentation Fund pursuant to Section 33681.12 of the
Law on or before May 10, 2005 and made the Fiscal Year 2005-06 ERAF payment to the Los
Angeles Comity Educational Revenue Augmentation Fund pursuant to Section 33681.12 of the
Law on or before May 10, 2006; and
WHEREAS, the Commission and the City desire that the Redevelopment Plans for
Original CBD Project Area, CBD Added Territory No. 1, the Original Eastland Project be
amended to extend by two (2) years the time limit on the effectiveness of the Redevelopment
Plans and the time to repay indebtedness or receive property taxes pursuant to the Section 33670
of the Law on account of the Commission's Fiscal Year 2004-05 and 2005-06 ERAF payments;
and
WHEREAS, the Commission and the City desire that the Redevelopment Plan for the
CBD Added Territory No. 2 be amended to extend by one (1) year the time limit on the
effectiveness of the Redevelopment Plan and the time to repay indebtedness or receive property
taxes pursuant to 33670 of the Law on account of the Commission's Fiscal Year 2005-06 ERAF
payment; and
WHEREAS, the enactment of this Ordinance is exempt from the California
Environmental Quality Act (Public Resources Code Section 2100, et. seq.) ("CEQA") pursuant
to the CEQA Guidelines Section 15378 (b)(4)(California Code of Regulations Section 15378
(b)(4)) because it is a fiscal activity which does not involve any commitment to any specific
project which may result in a potentially significant physical impact on the environment; and
Ordinance No. 2177
Page 3
NOW THERFORE, THE CITY DOES ORDAIN AS FOLLOWS:
Section 1: The City hereby finds and determines with respect to each Project Area as
follows:
(a) Funds used to make the Fiscal Year 2004-05 and 2005-06 ERAF payments would
otherwise have been used to pay the cost of projects and activities necessary to carry out the
goals and objectives of the Redevelopment Plans for the Original CBD Project Area, CBD
Added Territory No. 1, CBD Added Territory No. 2 and the Original Eastland Project Area.
(b) The City finds that the Commission is in compliance with Sections 33334.2 and
33334.6 of the Law, has adopted an implementation plan in accordance with the requirements of
Section 33490 of the Law, is in compliance with Section 33413(a) and (b) of the Law, and is not
subject to sanctions pursuant to Section 33334.12(e) of the Law.
Section 2: On June 3, 2008, the City Council held a duly noticed public hearing on
the adoption of this Ordinance as required by Section 33333.2(d) and Section 33333.6(e)(2)(D)
of the Law preceded by (i) mailed notice of such public hearing to the governing body of each
affected taxing entity at least thirty (30) days prior to the public hearing and (ii) published notice
of such public hearing in a newspaper of general circulation in the City once not less than ten
(10) days prior to the date of the public hearing.
Section 3: Pursuant to Section 33333.6(e)(2)(D) of the Law, the following dates are
hereby established as the latest dates upon which the effectiveness of the Redevelopment Plan
for the respective project areas shall be deemed to be terminated:
(a) Original CBD Project Area
December 20, 2014
(b) CBD Added Territory No. 1
July 7, 2023
(c) CBD Added Territory No. 2
December 20, 2027
(d) Original Eastland Project Area
July 14, 2018
Section 4: Pursuant to Section 33333.6(e)(2)(D) of the Law, except as provided in
subsections 33333.6(g) and (h), the following dates are hereby established as the latest date on
which the Commission shall pay indebtedness related to its activities or receive property taxes
from the Project pursuant to Section 33670 of the Law:
(a) Original CBD Project Area
December 20, 2024
(b) CBD Added Territory No. 1
July 7, 2033
(c) CBD Added Territory No. 2
December 20, 2037
(d) Original Eastland Project Area
July 14, 2028
Section 5: Except as amended by the Ordinance, the Redevelopment Plans for
Original CBD Project Area, CBD Added Territory No. 1, CBD Added Territory No. 2, and the
Original Eastland Project Area, as previously amended, are unchanged and are in full force and
effect in accordance with their terms.
Section 6: If any part of this Ordinance is held to be invalid or unconstitutional by the
decision of any court or competent jurisdiction, for any reason, such decision shall not affect the
validity of the remaining portions of this Ordinance and this City hereby declares that it would
have passed the remainder of this Ordinance if such invalid or unconstitutional portion thereof
had been deleted.
Section 7: The City Clerk is hereby authorized and directed to file a Notice of
Exemption with the County of Los Angeles pursuant to CEQA Guidelines Section 15094.
Section 8: The City Clerk shall attest to adoption of this Ordinance causing it to be
posted as required by law and it shall go into effect and be in full force and operation thirty (30)
days from the date of its adoption.
Ordinance No.2177
Page 4
APPROVED AND ADOPTED on this 171h day of June 2008.
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Mayor Sheri Lane
ATTEST:
City Clerk Lurie 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 3rd day of June 2008. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 17'h day of June,
2008, by the following vote:
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CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2177 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (,,d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Posted: June 20, 2008
Susan Rush, ksistant City Clerk