Resolution - 9335RESOLUTION NO. 9335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA APPROVING AND AUTHORIZING THE
EXECUTION OF THE FIRST AMENDMENT TO DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA
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 has entered into that certain Disposition and Development Agreement (the "Agreement")
with Edwards Theatres Circuit, Inc., a California corporation (the "Developer"), for the
development of certain property within the Project Area (the "Site") located within the "Lakes at
West Covina" office and retail complex located within the City of West Covina, and the
construction and operation of a new movie theater (the "Theater Improvements"), restaurant
complex (the "Restaurant Improvements"), and associated parking (the 'Parking Improvements")
thereon, all as described in the Agreement; and
WHEREAS, the Agency and the Developer desire to enter into a First
Amendment to Disposition and Development Agreement (the "Amendment") in order to revise
the boundary of the Site to provide for the addition of on -street parking spaces adjacent to and
along the southern boundary of the Site to accommodate the required setback of the building, to
change the plans and specifications of the Theater Improvements to allow for eighteen screens
therein, to reduce the area of the Restaurant Improvements, and to make certain other changes as
set forth in the Amendment; 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 of the City of West Covina (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 Amendment was duly noticed in accordance with the requirements of Health and Safety
Code Section 33433; and
WHEREAS, the proposed Amendment, 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 June 4, 1996, the Agency and City Council held a joint public
hearing on the proposed Agreement, at which time the City Council 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 Amendment 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 West Covina 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, as amended by the
Amendment, will assist in the elimination of blight by requiring the development of a new high
quality entertainment 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, as the lead agency for the project, 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, as a responsible agency for the project, the Agency has also
approved and certified such environmental impact report, 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 Planning Commission on May 14, 1996, has approved and
certified an addendum to the previously approved and certified environmental impact report (the
"Addendum") with respect to the development of the Site pursuant to the requirements of the
California Environmental Quality Act, and the Agreement, as amended by the Amendment, 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 Amendment 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, as amended by the Amendment, 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, as amended by the Amendment.
Section 2. The City Council hereby finds and determines that the disposition of the
Site pursuant to the Agreement, as amended by the Amendment, 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 finds and determines that the Agreement, as
amended by the Amendment, is consistent with the Implementation Plan adopted for the Project.
• Section 4. The City Council hereby approves the Amendment and authorizes the
Agency to execute the Amendment. A copy of the Amendment when executed shall be placed on
file in the office of the Agency Secretary/City Clerk.
June 12, 1996
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Section 5. The City Clerk shall certify to the adoption of this Resolution.
The foregoing Resolution is hereby approved this 4th day of June, 1996.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
rolva'1
City ttorney
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 4th day of June,
1996, by the following vote, to wit:
AYES: Council Members: Herfert, McFadden, Touhey
NOES Council Members: None
ABSENT: Council Members: Manners
ABSTAIN: Council Members: Wong
CITY COUNCIL OF THE CITY OF WEST
COVINA
By:
City Clerk
June 12, 1996
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