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HomeMy WebLinkAboutORD 1158ORD 1158$Í;¢f4§˜ORDINANCE NO. 1158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE SAN GABRIEL RIVER REDEVELOPMENT PROJECT, THE PUENTE-MERCED REDEVELOPMENT PROJECT. THE WEST RAMONA BOULEVARD REDEVELOPMENT PROJECT, THE DELTA REDEVELOPMENT PROJECT AND THE SIERRA VISTA REDEVELOPMENT PROJECT WHEREAS, on December 2. 1976. the City Council of the City of Baldwin Park the City Council") adopted Ordinance No. 746, which Ordinance adopted the Redevelopment Plan for the San Gabriel River Redevelopment Project which Plan was amended by Ordinance No. 1096. adopted January 18.1995, Ordinance No. 1154, adopted December 15. 1999. and Ordinance No. 1157, adopted March 1. 2000; and WHEREAS, on August 16, 1978, the City Council adopted Ordinance No. 780, which Ordinance adopted the Redevelopment Plan for the Puente-Merced Redevelopment Project, which Plan was amended by Ordinance No. 883, adopted December 5, 1984, Ordinance No. 1095. adopted January 18,1995, Ordinance No. 1154, adopted December 15, 1999, and Ordinance No. 1157, adopted March 1. 2000; and WHEREAS, on September 19. 1979. the City Council adopted Ordinance No. 801. which Ordinance adopted the Redevelopment Plan for the West Ramona Boulevard Redevelopment Project which Plan was amended on December 5.1984, by Ordinance No. 876, Ordinance No. 1097, adopted January 18, 1995, Ordinance No. 1154, adopted December 15, 1999. and Ordinance No. 1157, adopted March 1, 2000; and WHEREAS, on December 21. 1983. the City Council adopted Ordinance No. 868, which Ordinance adopted the Redevelopment Plan for the Delta Redevelopment Project. which Plan was amended by Ordinance No. 1094, adopted January 18. 1995, Ordinance No. 1154. adopted December 15, 1999, and Ordinance No. 1157, adopted March 1. 2000; and WHEREAS, on July 2, 1986 the City Council adopted Ordinance No. 947. which Ordinance adopted the Redevelopment Plan for the Sierra Vista Redevelopment Project which Plan was amended by Ordinance No. 1128, adopted December 3, 1997. Ordinance No. 1098, adopted January 18, 1995. and Ordinance No. 1154, adopted on December 15. 1999; and WHEREAS, the Redevelopment Agency of the City of Baldwin Park the Agency") has and continues to conduct redevelopment activities in each of the above listed redevelopment project areas, pursuant to the Community Redevelopment Law, Health & Safety Code section 33000, et seq.; and BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No. 1158 Page 2 WHEREAS, this Ordinance amends the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project individually, each a Project Area" and together the Project Areas"), to merge the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project; and WHEREAS, the purpose of the merger of the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project will be for efficiency in administration and financing of all redevelopment projects; and WHEREAS, environmentat review is categorically exempt pursuant to the guidelines of the California Environmental Quality Act. WHEREAS, after providing notice in accordance with all applicable laws. the City Council and the Agency held a joint public hearing on March 15, 2000 the Public Hearing"), to consider the adoption of this Ordinance; and WHEREAS, at the Public Hearing, the City Council and the Agency received oral testimony from all persons wishing to be heard, and in addition incorporated into the record of the Public Hearing the following documents, each of which is incorporated by reference into this Ordinance as though set forth fully herein, as are the minutes of the Public Hearing: A. The affidavit of publication of Notice of the Public Hearing. B. The certificate of mailing of Notice of Public Hearing to each property owner and tenant in each of the Project Areas to persons, firms or corporations which have acquired property within the Project Areas. C. The certificate of mailing of Notice of Public Hearing to the governing bodies of each taxing agency within the Project Areas. D. Agency Report to the City Council. E. The proposed Amendments to the Redevelopment Plans for the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project. F. Public Communications concerning the Amendment; and BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No. 1158 Page 3 WHEREAS pursuant to section 33457.1 of the Health and Safety Code, which indicates that this Ordinance must contain the findings required by section 33367 of said Code. to the extent warranted, the City Council makes the following findings, 1) It has been determined previously that the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project are blighted and that the redevelopment of each said Project Area is necessary to effectuate the public purposes of the Community Redevelopment Law, such conditions continuing to exist in the Project Areas; 2) The Redevelopment Plans for each of the Project Areas, as described above, as amended by this Ordinance, will continue to cause redevelopment in the areas in conformity with the California Redevelopment Law, and in the interests of the public peace, health, safety and welfare; 3) The adoption and carrying out of all of the subject Redevelopment Plans, as amended, is economically sound and feasible; 4) The Redevelopment Plans, as amended, conform to the General Plan of the City of Baldwin Park, including, but not limited to, the City's Housing Element, which substantially complies with the requirements of Article 10.6 of Chapter 3 of Division 1 of Title 7 of the Government Code; 5) The carrying out of the Redevelopment Plans, as amended, will continue to promote the public peace, health, safety and welfare of the City, and will continue to effectuate the purposes and policy of the California Redevelopment Law; 6) The execution of the time period in which to utilize the power of eminent domain is necessary to the execution of all redevelopment plans, and adequate provisions have been made for payment for property to be acquired as provided by law; 7) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Project Areas; 8) There are, or will be provided, within the Project Areas or other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Areas, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment; BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No 1158 Page 4 9) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to sections 33411 and 33411 1 of the Health & Safety Code. and dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to sections 33334.5. 33413 and 33413 5 of said Code; 10) Some areas remain blighted or are necessary for redevelopment, and are not included in this Ordinance for the purpose of obtaining the allocation of taxes from those areas pursuant to section 33670 of the Health & Safety Code without substantial justification for their inclusion; 11) It has been determined previously that the inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the area of which they are a part, and that all areas included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to section 33670 of the Health & Safety Code without substantial justification for their inclusion; such determination continues to be correct in all Project Areas; 12) The elimination of blight and the redevelopment of all Project Areas could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency; 13) All Project Areas are predominantly urbanized, as defined by subdivision b) of section 33320.1 of the Health and Safety Code, 14) The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Areas are displaced and that. pending the development of the facilities, there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacements, and WHEREAS, the adoption of this Ordinance is in compliance with the requirements of the California Environmental Quality Act. Public Recourse Code, section 2100, et seq NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1 Any and all written and oral objections filed with or presented to the City Council in regard to the adoption of this Ordinance are hereby overruled. The written responses to those written objections are hereby adopted by the City Council, which responses are incorporated by reference as though set forth fully herein. BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No. 1158 Page 5 SECTION 2. The City Council hereby approves and adopts the amendments to the Redevelopment Plans for the San Gabriel River Redevelopment Project, the Puente- Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project, as set forth in Exhibit A", attached hereto, which Exhibit is incorporated by reference as though set forth fully herein. SECTION 3. The Redevelopment Plans, as amended, shall be known as the Merged Redevelopment Plan" for the Merged Redevelopment Project, and each such Plan is hereby designated as the official Redevelopment Plan of each respective Redevelopment Project. SECTION 4. The applicable provisions of each of the Redevelopment Plans and the Ordinances adopting each Plan shall be deemed amended to provide that the San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project shall be merged and designated the Merged Redevelopment Project. SECTION 5. It is found and declared that receipts and expenditures from and into each of the Project Areas, and into areas of the City not within a Project Area, are of substantial benefit to each of the Redevelopment Projects and to the City, and, subject to the provisions contained in proceedings for the issuance of any bonded indebtedness of the Agency outstanding on the effective date of this Ordinance, tax increment from any of the Project Areas may be used in any other of such Project Areas or in the City for any lawful purpose. SECTION 6. The Agency has established the Low and Moderate Income Housing Fund and has made the findings required by Health and Safety Code 33334.2 and 33334.3 as to the amount heretofore and hereafter to be deposited into such Fund, which findings are deemed to be applicable under the requirements of Health and Safety Code 33487(a). SECTION 7. Environmental review is categorically exempt pursuant to the guidelines of the California Environmental Quality Act. SECTION 8. The Agency is authorized to incur indebtedness by bond resolution(s) or other agreement(s) for the San Gabriel River Redevelopment Project, the Puente- Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project, or for such Redevelopment Projects as their respective areas are merged, pursuant to this Ordinance, pledging tax increment in such amount(s) as may be necessary including reserve funds and costs) to finance or refinance indebtedness evidenced by resolutions or agreements pledging tax increment which are existing on the effective date of this Ordinance, and the BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No. 1158 Page 6 amounts needed to service such indebtedness and the amounts paid under the Agreement referred to in the recitals hereof shall have a lien and claim upon the tax increment prior to the elimination of any deficit which may be created pursuant to Health and Safety Code 33487(d). The requirements of Health and Safety Code 33488 have been met. SECTION 9. The San Gabriel River Redevelopment Project, the Puente-Merced Redevelopment Project, the West Ramona Boulevard Redevelopment Project, the Delta Redevelopment Project, and the Sierra Vista Redevelopment Project are hereby merged pursuant to the provisions of Health and Safety Code 33486. SECTION 10. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person, firm corporation, or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions thereof. The City Council of the City of Baldwin Park hereby declares that it would have adopted the Ordinance and each section, subsections, sentences, clauses, phrases, or portion hereof, irrespective of the fact that any one or more sections, subsection, sentence, clause, phrase, or portions be declared invalid or unconstitutional. SECTION 11. The City Clerk is hereby directed to transmit a copy of this Ordinance to the Agency, which shall be responsible for carrying out the Redevelopment Plans, as amended. SECTION 12. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in at least three 3) public places in the City, such posting to be completed not later than fifteen 15) days after the passage hereof. lh APPROVED AND ADOPTED this 26"1 day of April, 2000 Mayor ManueiLefzano BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1158$Í;¢f4§˜Ordinance No. 1158 Page 7 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Deputy 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 March 15, 2000. That, thereafter, said Ordinance was duly approved and adopted at an adjourned meeting of the City Council on April 26, 2000. by the following vote: AYES; COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Linda Gair, Marlen Garcia, William Bill" Van Cleave, Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano None None None Rosemary M. Rar7)irez. Deputy City Cl< BIB] 37643-U01 ORD-U02 1158-U02 LI2-U03 FO4263-U03 FO4510-U03 DO9092-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04