HomeMy WebLinkAboutORD 1128ORD 1128 pT3 (Ìì § û ORDINANCE NO.1128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
FOR THE SIERRA VISTA REDEVELOPMENT PROJECT, AMENDMENT
NO. I AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT
WHEREAS, the California Community Redevelopment Law the C RL") California Health and
Safety Code Section 33000 et seq.) permits the adoption of redevelopment plans and redevelopment plan
amendments; and
WHEREAS, the City Council of the City of Baldwin Park the City Council") approved and
adopted the Redevelopment Plan for the Sierra Vista Redevelopment Project the Redevelopment Plan') on
July 2,1986, by Ordinance No.947; and
WHEREAS, the Baldwin Park Redevelopment Agency the Agency') has prepared a
Redevelopment Plan Amendment Plan Amendment No.1') to the existing Sierra Vista Redevelopment Plan
in compliance with CRL; and
WHEREAS the City Council has received from the Baldwin Park Redevelopment Agency the
Agency') the proposed Plan Amendment No.1, a copy of which is on file with the City Clerk at the Office of
the City Clerk, 14403 East Pacific Avenue, Baldwin Park, CA 91706, together with the report of the Agency
prepared pursuant to Section 33352 and Section 33457.1 of the CRL the Final Report to City Council'), which
includes a description and discussion of the proposed Plan Amendment No.1, which revises the existing
Redevelopment Plan to extend the Agency's authority to commence eminent domain proceedings upon
properties within the Project Area for an additional 12-year period, and a discussion of certain other matters as
set forth in Section 33352 of the CRL and including the Negative Declaration on Plan Amendment No.1 the
Negative Declaration'); and
WHEREAS, the Planning Commission has submitted to the City Council its certification that
Plan Amendment No.1 conforms to the General Plan of the City of Baldwin Park the City"); and
WHEREAS the City Council and the Agency held a joint public hearing on December 3, 1997,
concerning the adoption of Plan Amendment No.1 and the approval of the Negative Declaration; and
WHEREAS, notice of the joint public hearing was duly and regularly published in a newspaper
of general circulation in the City once a week for three 3) successive weeks prior to the date of the joint public
hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Baldwin
Park and Secretary of the Agency; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first class mail to
the last known address of each assessee, as shown on the last equalized assessment roll of the County of Los
Angeles, for each parcel of land in the Project Area, and to persons, firms, or corporations which have acquired
property within the Project Area from the Agency' at the last known address as shown on the Agency's records;
and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to
all residents and businesses in the Project Area at least thirty 30) days prior to the joint public hearing; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return
receipt requested to the governing body of each known taxing agency which receives taxes from property in the
Project Area; and
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WHEREAS,section 33457.1 of the CRL, provides that to the extent warranted by the proposed
Plan Amendment No. 1, this Ordinance shall contain the findings required by Section 33367 of the CRL; and
WHEREAS, the City Council has considered the Final Report to City Council, the proposed
Plan Amendment No.1 and its economic feasibility, and the Negative Declaration; and has provided an
opportunity for all persons to be heard, and has received and considered all evidence and testimony presented
for or against any and all aspects of the proposed Plan Amendment No.1 and has made written findings in
responses to each written objection of an affected property owner and taxing entity, if any were filed with the
City Clerk before the hour set for such joint public hearing; and
WHEREAS, the Agency and the City Council have reviewed and considered the Negative
Declaration for the proposed Plan Amendment No.1, prepared and submitted pursuant to Public Resources
Code Section 21000 et seq. and Health & Safety Code Section 33352, and approved said Negative Declaration
on December 3, 1997, by City Council Resolution No.9743.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1:
The purpose and intent of the City Council with respect to the Project Area in connection with
Plan Amendment No.1 is to extend the Agency's existing authority to commence eminent domain proceedings
upon properties within the Project Area for an additional 1 2-year period in order to allow the Agency to continue
to undertake steps and previously approved projects to eliminate blight and blighting conditions and achieve
its goals and objectives within the Project Area.
SECTION 2:
The City Council hereby finds and determines, based on the evidence in the record, including,
but not limited to, the Agency's Final Report to City Council on the proposed Plan Amendment No.1, and all
documents referenced therein:
a) Plan Amendment No.1 will allow continued redevelopment to occur within the Project
Area in conformity with the Community Redevelopment Law and in the interests of the
public health, safety and welfare. This finding is based in part upon the fact that Plan
Amendment No.1 merely extends the Agency's existing authority to commence
eminent domain proceedings upon properties within the Project Area for an additional
1 2-year period, without affecting Project Area boundaries or previously approved
public improvement projects, and thus allows the Agency to undertake needed
redevelopment activities in the Project Area.
b) The adoption and carrying out of Plan Amendment No.1 is economically sound and
feasible. This finding is based in part on the fact that with the passage of Plan
Amendment No.1, the Agency will engage in activities within the financial capability
of the Agency based upon the revenues that will be available to the Agency and will
pursue those activities which are consistent with revenues realized after adoption of
Plan Amendment No.1. Furthermore, this finding is based upon the fact that the
Agency's Final Report to City Council further discusses and demonstrates the
economic soundness and feasibility of the Redevelopment Plan and undertakings
pursuant thereto, even after adoption of Plan Amendment No.1.
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c) Plan Amendment No.1 conforms to the General Plan of the City of Baldwin Park
including, but not limited to, the Housing Element thereof, which substantially
complies with the requirements of Article 10.6 commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based in
part on the finding of the Planning commission of the City of Baldwin Park that the
Redevelopment Plan conforms to the General Plans for the City of Baldwin Park.
d) The carrying out of the Plan Amendment No.1 will promote the public peace, health,
safety and welfare of the City of Baldwin Park and will effectuate the purposes and
policy of the Community Redevelopment Law. This finding is based on the fact that
redevelopment will benefit the Project Area and the community by allowing the
Agency to correct continuing conditions of blight and by coordinating public and
private actions to stimulate development, contribute toward needed public
improvements and improve the economic, and physical conditions of the Project Area
and the community.
e) The condemnation of real property to the extent provided for in Plan Amendment No.
1 is necessary to the execution of Plan Amendment No.1, and adequate provisions
have been made for payment for property to be acquired as provided by law. This
finding is based in part upon the possible need to assemble sites for development,
which will result in new economic activity in the Sierra Vista Redevelopment Project
Area and to prevent the recurrence of blight.
SECTION 3:
The City Council continues to be satisfied that in the event occupants of the Project Area are
displaced, permanent housing facilities will be available within three 3) years from the time occupants of the
Project Area, if any, are displaced, and that pending the development of such permanent facilities, there will
be available to any such displaced occupants temporary housing facilities at rents comparable to those in the
City of Baldwin Park at the time of their displacement.
SECTION 4:
That certain document entitled Amended Redevelopment Plan for the Sierra Vista
Redevelopment Project, Amendment No.1", the maps contained therein and such other reports as are
incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of Baldwin
Park, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and
made a part hereof and, as so incorporated, is hereby designated, approved and adopted as the official
Redevelopment Plan for the Sierra Vista Redevelopment Project" the Redevelopment Plan").
SECTION 5:
In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby
approved, the City Council hereby a) reflects its pledge of cooperation in helping to carry out the
Redevelopment Plan, b) restates its request that the various officials, departments, boards and agencies of
the City of Baldwin Park having administrative responsibilities in the Project Area likewise cooperate to such end
and exercise their respective functions and powers in a manner consistent with the redevelopment of the Project
Area, c) reaffirms that it stands ready to consider and take appropriate action upon proposals and measures
designed to effectuate the Redevelopment Plan, and d) redeclares its intention to undertake and complete
any proceeding necessary to be carried out by the City of Baldwin Park under the provisions of the
Redevelopment Plan, as amended.
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SECTION 6:
The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency,
whereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan, as amended
SECTION 7:
The City Clerk is hereby directed to record with the County Recorder of Los Angeles County
a statement that Plan Amendment No.1 has been approved in conformity with the CRL.
SECTION 8:
The City Clerk is hereby directed to transmit a copy of the description and statement to be
recorded by the City Clerk pursuant to Section 7 of this Ordinance.
SECTION 9:
This Ordinance shall be in full force and effect thirty 30) days from and after the date of final
passage.
SECTION 10:
If any part of this Ordinance, or Redevelopment Plan No.1, which it approves, is held to be
invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or
of the Redevelopment Plan, and the City Council hereby declares it would have passed the remainder of this
Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been
deleted.
SECTION 11:
This Ordinance shall be introduced at least five 5) days prior to the City Council meeting at
which this Ordinance is to be adopted. This Ordinance shall be published and/or be posted as required by law
in accordance with Government Code Section 36933.
PASSED AND APPROVED this 3rd day of December 1997.
Mayor
City of Baldwin Park
City of Baldwin Park
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ORD 1128 pT3 (Ìì § û ORDINANCE NO.1128
PAGE NO.5
STATE or CALIFORNIA
COUNTY OF LOS ANGELES) 55:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing
Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council
on December 3,1997. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting
of the City Council on December 17.1997 by the following vote:
AYES COUNCILMEMBERS MUSE PACHECO VAN CLEAVE MAYOR LOWES
NOES COUNCILMEMBER NONE
ABSENT COUNCILMEMBER NONE
ABSTAIN COUNCILMEMBER NONE
LINDA L. GAIR.CITY CLERK
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