Resolution - 9094RESOLUTION NO. 9094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA CONSENTING TO THE APPROVAL BY THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA
OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY AND
ZELMAN DEVELOPMENT CO. AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency of the City of West Covina (the
"Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan
for the West Covina Redevelopment Project (the "Project"); and
WHEREAS, in order to carry out and implement such Redevelopment Plan the
Agency proposes to enter into that certain Disposition and Development Agreement (the
"Agreement") with Zelman Development Co., a California limited partnership (the "Developer"),
for the development of a certain property within the Project Area (the "Site"), all as described in
the Agreement; and
WHEREAS, the Developer has submitted to the Agency and the City Council of
the City of West Covina (the "City Council") copies of the Agreement in a form executed by the
Developer; and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law
(California Health and Safety Code Section 33000, et seq.), the Agency is authorized, with the
approval of the City Council after a duly noticed public hearing, to sell or lease the Site for
development pursuant to the Redevelopment Plan upon a determination by the City Council that
the sale of the property will assist in the elimination of blight and that the consideration for such
sale is not less that either the fair market value or fair reuse value of the Site in accordance with
the covenants and conditions governing the sale and the development costs required thereof; and
WHEREAS, a joint public hearing of the Agency and City Council on the
proposed Agreement was duly noticed in accordance with the requirements of Health and Safety
Code Section 33433; and
WHEREAS, the proposed Agreement, and a summary report meeting the
requirements of Health and Safety Code Section 33433, were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433; and
WHEREAS, on May 17 , 1994, the Agency and City Council held a
joint public hearing on the proposed Agreement, at which time the Agency reviewed and
evaluated all of the information, testimony, and evidence presented during the joint public
hearing; and
WHEREAS, all actions required by all applicable law with respect to the
proposed Agreement have been taken in an appropriate and timely manner; and
WHEREAS, the City Council has reviewed the summary required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it pertaining
to the finding required pursuant to Health and Safety Code Section 33433; and
WHEREAS, the Site is located within an area of the West Covina
• Redevelopment Project which was found by the City Council, in its adoption of the
Redevelopment Plan for the Central Business District Redevelopment Project on November 8,
1971, to be blighted as a result of physical deterioration of structures and lack of maintenance of
property, as well as other indicia of blight; and
WHEREAS, the Site was previously developed with a mix of uses which were
incompatible, and which was unkept, littered and covered with graffiti, and which began to suffer
from economic deterioration because no substantial improvements had been made to the Site for
many years; and
WHEREAS, the sale of the Site pursuant to the Agreement will assist in the
elimination of blight by requiring the development of a new high quality retail shopping center
which will be properly designed, constructed and maintained, and will be of benefit to the
community by increasing commercial and economic activity in the Project Area, generating
. employment opportunities and preventing blight from recurring on the Site; and
WHEREAS, the City Planning Commission on March 8, 1994, has approved and
certified a negative declaration with respect to the development of the Site pursuant to the
requirements of the California Environmental Quality Act, and this Agreement is consistent in all
respects with the project which was reviewed therein; and
WHEREAS, the City Council has duly considered all terms and conditions of the
proposed Agreement and believes that the redevelopment of the Site pursuant thereto is in the
best interests of the City of West Covina and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable state and local laws and
requirements.
NOW, THEREFORE, BE IT RESOLVED by the West Covina City Council as
follows:
Section 1. The City Council finds and determines that, based upon substantial evidence
provided in the record before it, the consideration for the Agency's disposition of the Site
pursuant to the terms and conditions of the Agreement is not less than either fair market value or
fair reuse value in accordance with covenants and conditions governing the sale and the
development costs required under the Agreement.
Section 2. The City Council hereby finds and determines that the disposition of the Site
pursuant to the Agreement will eliminate blight within the Project Area by providing for the
reuse and redevelopment of a portion of the Project Area which was declared blighted for the
reasons described above.
Section 3. The City Council consents to and approves the execution of the Agreement by the
Agency and a copy of the Agreement when executed by the Agency shall be placed on file in the
office of the City Clerk.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
The foregoing Resolution is hereby approved this 17 day of May , 1994.
Mayor ey McFadden
ATTEST^
City Clerk "Janet Beffy
• APPROVED AS TO FORM:
City Attorney
April 29, 1994
Pueu12584_11391 i B2740.3
•
•
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the West
Covina City Council at a regular meeting hereof, held on the 17 day of May 1994 by the
following vote, to wit:
AYES: Council Members: Herfert, Manners, Touhey, McFadden
NOES Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: Wong
CITY OF WEST COVINA
By: lC
City Clerk Janet rry
April 29, 19%
PUBL:12584_11391 I B2740.3 3