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HomeMy WebLinkAboutORD 1234ORD 1234pT3(ÌìÓ ÿÿORDINANCE NO. 1234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING AMENDMENT 2004 TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA WHICH EXTENDS FOR TWELVE 12) YEARS THE REDEVELOPMENT AGENCY'S AUTHORITY TO USE EMINENT DOMAIN ONLY OVER NON-RESIDENTIAL PROPERTIES IN THAT PROJECT AREA WHEREAS, the City Council of the City of Baldwin Park the City Council") has adopted, by Ordinance No. 832 on February 23, 1982, the Redevelopment Plan the Redevelopment Plan") for the Central Business District Redevelopment Project Area the Project Area"); and WHEREAS, the City Council has adopted, by Ordinance No. 1093 on January 15, 1995, an amendment to the Redevelopment Plan which established the time limitations to the Redevelopment Plan to conform to the requirements of Health and Safety Code Section 33333.6; and WHEREAS, the City Council has adopted, by Ordinance No. 1221 on November 19. 2003, an amendment to the Redevelopment Plan which established certain time limitations to the Redevelopment Plan to conform to SB 211 and SB 1045; and WHEREAS, the findings and determinations made by the City Council in the prior ordinances are final and conclusive, no action having been timely brought to question the validity of the Redevelopment Plan or amendments thereto or the findings or determinations of the City Council in adopting the Redevelopment Plan or amendments thereto; and WHEREAS, the City Council has received from the Baldwin Park Redevelopment Agency the Agency") the proposed Amendment 2004 to the Redevelopment Plan for the Central Business District Redevelopment Project Area the Amendment 2004"), a copy of which is on file at the office of the City Clerk, together with the Agency's Report to City Council including the reasons for Amendment 2004; and WHEREAS, the proposed Amendment 2004 would extend the Agency's power of eminent domain on non-residential property within the Project Area for twelve years, but the power of eminent domain would not include any property designated in the City of Baldwin Park's General Plan or Zoning Ordinance for residential use or any property legally used for residential purposes; and WHEREAS, the proposed Amendment 2004 would not add any new territory to the Project Area, modify any other time or fiscal limits applicable to the Project Area or make any other changes to the Redevelopment Plan; and BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1234pT3(ÌìÓ ÿÿOrdinance No. 1234 Page 2 WHEREAS, a Project Area Committee was not required to be formed in connection with Amendment 2004 because Amendment 2004 does not affect a substantial number of low-income persons or moderate-income persons, and because Amendment 2004 does not grant the Agency authority to fund or develop any additional public projects that will displace a substantial number of low-income persons or moderate-income persons; and WHEREAS, Amendment 2004 would have no impact on the General Plan for the City of Baldwin Park because the Redevelopment Plan relies on the General Plan and the Municipal Zoning Code to determine land use and development standards; and WHEREAS, the City Council and the Agency held a joint public hearing on April 7, 2004 and continued the joint public hearing to April 21, 2004 on the adoption of Amendment 2004 in the Baldwin Park City Hall Council Chambers. 14403 East Pacific Avenue, Baldwin Park, California; and WHEREAS, notice of the joint public hearing was duly and regularly published in a newspaper of general circulation in the City of Baldwin Park, once a week for three successive weeks prior to the date of such joint public hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of 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 each resident and business within the Project Area whose addresses were reasonably obtainable by the Agency not less than thirty days prior to the date of such joint public hearing; and WHEREAS, each assessee in the Project Area whose property would be subject to acquisition by purchase, or condemnation under the provisions of the Amendment 2004 was sent a notice of the joint public hearing, including a statement to such effect, a map and legal description of the Project Area; 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 taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Planning Commission of the City of Baldwin Park has submitted to the City Council its report and recommendations concerning the Amendment 2004 and its certification that the Amendment 2004 conforms to the General Plan for the City of Baldwin Park; and WHEREAS, the Agency has independently found and determined, based upon the Initial Study prepared with respect to Amendment 2004 that indicated Amendment 2004 will not have a significant adverse impact on the environment and that no mitigation measures are needed, and on that basis a Negative Declaration under the California Environmental Quality Act has been prepared with respect to Amendment 2004-and BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1234pT3(ÌìÓ ÿÿOrdinance No. 1234 Page 3 WHEREAS, the City Council has considered the report of the Agency. Amendment 2004, and the Negative Declaration approved by the Agency, 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 Amendment 2004 and has made written findings in response to each written objection of an affected property owner and taxing entity filed with the City Clerk before the hour set for such joint public hearing. NOW, THEREFORE, the City Council of the City of Baldwin Park DOES ORDAIN as follows: Section 1. The City Council has considered the Negative Declaration for Amendment 2004. which was approved by the Agency and a copy of which is on file in the office of the Agency and in the office of the City Clerk, and has determined no additional environmental analysis is needed. The Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of activities implementing the Redevelopment Plan. The City Clerk shall file a Notice of Determination in accordance with the requirements of the California Environmental Quality Act. Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Amendment 2004, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of Amendment 2004 held on April 7, 2004 and April 21, 2004. that: A) Amendment 2004 conforms to the General Plan of the City of Baldwin Park, including, but not limited to, the Housing Element of the General Plan. B) The implementation of Amendment 2004 will promote the public peace, health, safety and welfare of the City of Baldwin Park and will effectuate the purposes and polices of the Community Redevelopment Law. This finding is based on the fact the authority for the acquisition of non-residential property through eminent domain will benefit the Project Area by allowing the Agency to correct conditions of blight and to coordinate public and private actions to stimulate development and improve the economic and physical conditions of the Project Area. C) The condemnation of real property, as provided for in Amendment 2004, is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. This finding is based upon the need to ensure the provisions of the Redevelopment Plan will be carried out to prevent the recurrence of blight, and the fact no property will be acquired until adequate funds are available to pay full compensation therefore. BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1234pT3(ÌìÓ ÿÿOrdinance No. 1234 Page 4 D) Notwithstanding the fact the eminent domain authority extended by this ordinance only applies to non-residential properties, 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 Area. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact the Agency has adopted a plan for relocation of families, persons and businesses by Agency projects, and upon the fact the Redevelopment Plan provides for relocation assistance according to law, and the fact such assistance, including relocation payments, constitutes a feasible method for relocation. E) Notwithstanding the fact the eminent domain authority extended by this ordinance only applies to non-residential properties, families and persons shall not be displaced prior to adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Health and Safety Code. Dwelling units housing persons and families of low- or moderate-income shall not be removed or destroyed prior to adoption of a replacement housing plan pursuant to Sections 33334.5. 33413 and 33413.5 of the Health and Safety Code. Section 3. Written objections to Amendment 2004 filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project Area property owners, residents and businesses and affected taxing agencies, having been responded to in writing, are hereby overruled. Section 4. That certain Amendment 2004 to the Redevelopment Plan for the Central Business District Redevelopment Project Area" a copy of which is on file in the office of the Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby approved and adopted. The Redevelopment Plan which was adopted by Ordinance No. 832 on February 3, 1982, was amended by the adoption of Ordinance No. 1093 on January 15. 1995 and Ordinance No. 1221 on November 19, 2003, and is further amended by Amendment 2004, is hereby designated, approved and adopted as the official Redevelopment Plan for the Project Area. Section 5. In order to implement and facilitate the effectuation of Amendment 2004, this City Council hereby: A) Pledges its cooperation in helping to carry out the Redevelopment Plan. B) Requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Project Area, C) Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1234pT3(ÌìÓ ÿÿOrdinance No. 1234 Page 5 D) Declares its intention to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provision of the Redevelopment Plan. 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. Section 7. The City Clerk is hereby directed to record Amendment 2004 in the Official Records of Los Angeles County as promptly as practicable. Section 8. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same to be published in a newspaper of general circulation, which is published and circulated in the City of Baldwin Park. Section 9. If any part of this Ordinance or Amendment 2004 which it approves is held to be invalid for any reason, such decision shall not effect the validity of the remaining portion of this Ordinance or of Amendment 2004, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of Amendment 2004 if such invalid portion thereof had been deleted. Section 10. This Ordinance shall be in full force and effect thirty 30) days after passage. APPROVED and ADOPTED this 19th day of May 2004. ManuelLozano Mayor BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04 ORD 1234pT3(ÌìÓ ÿÿOrdinance No. 1234 Page 6 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Kathleen R. Sessman. Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1234 was introduced at a regular meeting of the City Council held May 5, 2004 and was adopted by the City Council at its regular meeting held on May 19. 2004 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Marlen Garcia. David Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo Pacheco, and Mayor ManuelLozano None None None /3V^l lu^A^^L^r^ L^ Kathleen R. Sessman Deputy City Clerk BIB] 38134-U01 ORD-U02 1234-U02 LI2-U03 FO8535-U03 FO38917-U03 DO45645-U03 C5-U03 ORDINANCES-U03 5/27/2004-U04 ROBIN-U04