Resolution - 8883RESOLUTION NO. 8883
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA.APPROVING THE SECOND AMENDMENT TO THE OWNER
PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA AND ROBERT AND
BARBARA BOZZANI, A LEASE BETWEEN THE AGENCY AND ROBERT
AND BARBARA BOZZANI, A SUBLEASE WITH WEST COVINA
• TOYOTA, AND RELATED DOCUMENTS FOR THE REDEVELOPMENT OF
PROPERTY WITHIN THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT AREA LOCATED AT 1800 AND 1820
EAST GARVEY AVE.
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 project proposed by West Covina Toyota, Inc.
("Toyota") pertains to property located at the 1800 and
1820 East Garvey Avenue South in the City of West
Covina within the Central Business District
Redevelopment Project Area ("Site") which is owned by
and in part leased to Robert Bozzani and Barbara
Bozzani ("Bozzani") and is subject to an existing Owner
Participation Agreement, dated November 22, 1987, as
amended on June 24, 1991.
B. The assistance provided to Bozzani and West Covina
Toyota pursuant to the Second Amendment and related
agreements will (1) contribute to the elimination of
blight on the Site and in the vicinity of the Site, (2)
contribute to economic revitalization and generation of
employment in the area by strengthening retail auto
sales in the Project Area and in the West Covina Auto
Plaza and (3) prevent generation of new blight by
keeping the Site, which contains a one -use building, as
a fully utilized and functioning automobile dealership.
The development and the relocation of the Toyota
dealership to the Site will also substantially
contribute to the West Covina Auto Plaza developed by
the Agency in the area surrounding and including the
Site.
C. Pursuant to the provisions of Health & Safety Code
Sections 33430, 33431 and 33433, the Agency duly
noticed and held a joint public hearing before the
Board of Directors of the Redevelopment Agency of the
City of West Covina and the City Council of the City of
West Covina concerning the approval of the proposed
Second Amendment to the Owner Participation Agreement
With Bozzani and Toyota, the Lease between the Agency
and Bozzani and the Sublease between the Agency and
Toyota and the related documents described therein.
D. Pursuant to Health & Safety Code Section 33433, the
Agency directed and has prepared a comprehensive report
summarizing and analyzing the proposed Second
Amendment, Lease and Sublease and which report
specifically contains the information required by
Section 33433, and has been prepared within the time
limit set forth therein.
E. The sublease of the Site by the Agency to Toyota, as
proposed by the Second Amendment and the Lease, may be
24375.3
at less than fair market rental value based on Agency
appraisals and analysis. Therefore, the City Council
specifically finds in accordance with the authority of
Health & Safety Code Section 33433 that said difference
is necessary to effectuate.the provisions of the West
Covina Central Business District Redevelopment Project,
and the difference in rental value is necessary to
allow development to come to the City and increase
employment opportunities within the City as described
• in this resolution and the Second Amendment.
F. The Agency and the City shall recoup the difference in
sublease rental payments and fair market rental value
with increased tax increment revenues and sales tax
revenues due to and directly attributable to this
agreement.
G. The Agency is specifically authorized by Health &
Safety Code Sections 33430, 33431 and 33433, and other
applicable law, to enter into the Second Amendment, the
Lease and Sublease.
H. Completing the redevelopment on the Site pursuant to
this Second Amendment is in the vital and best interest
of the City of West Covina, California (the "City") and
the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of
applicable state and local laws.
I. The Second Amendment, the Lease and the Sublease
pertain to and affect the ability of all parties to
finance and carry out their statutory purposes and to
accomplish the goals of the Plan and is intended to be
a contract within the meaning of Government Code
Section 53511.
Section 2. A. As part of the adoption of the amendment
to the West Covina Central Business District Redevelopment Plan
by the City Council on July 7, 1980 (Ordinance No. 1481), the
City Council and the Redevelopment Agency approved an
Environmental Impact Report for the West Covina Central Business
District Redevelopment Project which addressed the environmental
concerns for development of the property along East Garvey Avenue
South within the amended area within which the proposed project
is located. Moreover, in connection with the approval of the
Owner Participation Agreement between the Agency and Bozzani for
the Site in 1987 a Negative Declaration was prepared and approved
for the project. Since the preparation and certification of that
Environmental Impact Report and the Negative Declaration
(hereafter collectively "EIR"), subsequent changes have not been
proposed in the subject project or in the amendment to the
Redevelopment Plan which will require important revisions of the
previous EIR due to the involvement of new significant
environmental impacts which were not considered in the previous
EIR. Additionally, substantial changes have not occurred with
respect to the circumstances under which the Redevelopment Plan
Amendment and the project have been undertaken which would
require important revisions in the previous EIR due to the
involvement of significant environmental impacts not covered in
the previous EIR. Finally, no new information of substantial
importance to the amended area or the project and the
Environmental Impact Report prepared for the amended area and the
Negative Declaration prepared for the project has become
available. Moreover, the mitigation measures proposed as part of
the Environmental Impact Report for the Amended Redevelopment
Plan have been included, where applicable, in the project, and
such mitigation measures are feasible and further mitigation
measures are not required to address concerns raised in the
Environmental Impact Report for the Amended Redevelopment Plan.
Therefore, pursuant to the provisions of the California
24375.3 - 2 -
•
•
Environmental Quality Act ("CEQA") and, specifically,
15162 and 15180 of Title 14 of the California Code of
Regulations, a subsequent Environmental Impact Report
subject project is not required.
Sections
for the
B. The Project is exempt from the provisions of CEQA as a
Class 1 and Class 2 Categorical Exemption pursuant to Sections
15301 and 15302 of Title 14 of the California Code of
Regulations. The Project involves only minor alterations to the
existing facilities consisting of interior and exterior
alterations involving such items as interior partitions, plumbing
and electrical conveyances, additions of less than 10,000 square
feet and minor additions and copy changes on signage.
Section 3. The City Council of the City of West Covina
hereby approves that certain Second Amendment to the Owner
Participation Agreement Between the Redevelopment Agency of the
City of West Covina, Robert Bozzani and Barbara Bozzani, and West
Covina Toyota, Inc. dated as of August 18, 1992, the Lease
between the Agency and Robert Bozzani and Barbara Bozzani, dated
August 18, 1992, and the Sublease between the Agency and West
Covina Toyota, Inc., dated August 18, 1992 and authorizes the
Chairperson of the Agency to execute said Second Amendment, the
Lease and the Sublease for and on behalf of the Agency in
substantially the form attached hereto as Exhibits A, B, and C.
Section 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of
August 1992.
MAYOR
ATTEST:
`---,CITY CL
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of West Covina at a
regular meeting thereof, held on the 18th day of
August , 1992 , by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
APPROVED AS TO FORM:
•
Manners, McFadden, Wong
Jennings
Herfert
V � r
CITY CLE
24375.3 - 3 -