Resolution - 9287RESOLUTION NO. 9287
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 AN OWNER PARTICIPATION AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY AND CONCORDE
BATTERY CORPORATION AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of West Covina (the "City Council") has
approved and adopted the Redevelopment Plan for the West Covina Redevelopment Project (the
"Redevelopment Plan") by the merger of the Central Business District and Eastland
Redevelopment Plans on December 21, 1993 by Ordinance No. 1928, as amended by Ordinance
No. 1951 on December 20, 1994; and
WHEREAS, the Agency is required pursuant to the Redevelopment Plan and the
Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) to
provide for the participation of owners of property within the Project; and
WHEREAS, the Agency is authorized pursuant to Section 33444.6 of the Community
Redevelopment Law to assist with the financing of facilities or capital equipment within a project
area as part of an agreement that provides for the development or rehabilitation of property that
will be used for industrial or manufacturing purposes; and
WHEREAS, in order to carry out and implement the Redevelopment Plan, the Agency
proposes to enter into that certain Owner Participation Agreement (the "Agreement") with
Concorde Battery Corporation, a California corporation (the "Participant"), under which the
Agency proposes to make a loan (the "Agency Loan") to the Participant for the purpose of
partially funding the cost of the installation of capital equipment in a battery manufacturing and
distribution facility (the "Facility") as part of the expansion and development of the Facility, upon
certain conditions; and
WHEREAS, the Participant proposes to use the Agency Loan to finance the cost of
certain pollution control equipment which is required by applicable law to be installed in
connection with the expansion of the Facility; and
WHEREAS, the Participant has represented to the Agency that it would not have been
financially feasible for the Participant to develop the Facility and install the capital equipment
therein without the receipt of the Agency Loan; and
WHEREAS, the Participant has represented to the Agency that no financial assistance is
available in the private market which would make the Participant's expansion of the Facility
financially feasible; and
WHEREAS, on February 20, 1996, the City Council and the Agency held a duly noticed
joint public hearing on the proposed Agreement in accordance with the requirements of Health
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and Safety Code Section 33444.6, at which time the City Council reviewed and evaluated the
staff report, the proposed Agreement and all comments for and against the Agreement; and
WHEREAS, the expansion of the Facility had previously been approved pursuant to the
California Environmental Quality Act; 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 Agency's making of the Agency Loan to the Participant and the
Participant's expansion of the Facility, installation of capital equipment therein and continued
operation of the Facility pursuant to the terms of this Agreement are in the vital and best interest
of the City of West Covina (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 and
requirements under which the redevelopment of the Project has been undertaken.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West
Covina as follows:
Section 1. The City Council hereby finds and determines, based on the
representations of the Participant to the Agency, the testimony presented at the public hearing,
the staff report and all comments for and against the Agreement, that the assistance to be
provided by the Agency pursuant to the Agreement is necessary for the economic feasibility of
the expansion of the Facility on the Site.
Section 2. The City Council hereby finds and determines, based on the
representations of the Participant to the Agency, the testimony presented at the public hearing,
the staff report and all comments for and against the Agreement, that the assistance to be
provided by the Agency pursuant to the Agreement cannot be obtained on economically feasible
terms in the private market.
Section 3. The City Council hereby finds that the expansion of the Facility pursuant
to the terms of the Agreement is exempt under Section 15061(b)(3) of the California Code of
Regulations because it has no potential for causing a significant effect on the environment beyond
or different from the project which has previously been studied.
Section 4. The City Council hereby consents to the Agency's approval of the
Agreement.
Section 5. The City Clerk shall certify to the adoption of this Resolution.
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The foregoing Resolution is hereby approved this 20th day of February, 1996.
Mayor
ATTEST:
APPROVED AS TO FORM:
669 / Ca(kcly QjI. nhx6n
City rney
PueL:35035_113191.
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 20th day of
February, 1996 by the following vote, to wit:
AYES: Council Members: Manners, McFadden, Touhey, Wong, Herfert
' NOES Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
CITY COUNCIL OF THE CITY OF WEST
COVINA
By: G[�i
City Clerk
vuet:35035_113191. 4