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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. azri- /� 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: E 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