Resolution - 9279RESOLUTION NO. 9279
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
EDWARDS THEATRES CIRCUIT, INC., 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 Edwards Theatres Circuit, Inc., a California corporation (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 than 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
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WHEREAS, the proposed Agreement, and a summary report meeting the
requirements ofHealth and Safety Code Section 33433, were available for public inspection
consistent with the requirements of Health and Safety Code Section 33433; and
WHEREAS, on December 5, 1995, 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 findings 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 unkempt, 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 entertainment center
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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 October 10; 1995, has approved
and certified an environmental impact report with respect to the development of the Site pursuant
to the requirements of the California Environmental Quality Act, and the Agreement is consistent
• in all respects with the project which was reviewed therein; and
WHEREAS, the Agency has reviewed and considered the environmental impact
report prepared with respect to the project, and in connection therewith has adopted findings of
fact, a statement of overriding consideration, mitigation measures and a mitigation monitoring
program; 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 City Council of the City of
West Covina 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 the 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
proper reuse and redevelopment of a portion of the Project Area which was declared blighted for
the reasons described above.
Section 3. The City Council hereby consents to the approval of the Agreement by the
Agency. A copy of the Agreement when executed 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 511L day of December , 1995.
ATTEST:
ity Clerk -
APPROVED AS. TO FORM:
City Attorney
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of West Covina at a regular meeting hereof, held on the 5th day of
December, 1995 by the following vote, to wit:
AYES: Council Members: Manners, McFadden, Touhey, Herfert
NOES Council Members: Clone
ABSENT: Council Members: None
ABSTAIN: Council Members: Wong
CITY COUNCIL OF THE CITY OF WEST
COVINA
By: u�.
City Clerk
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