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HomeMy WebLinkAboutOrdinance No. 03-O6ORDINANCE NO. 03-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING THE EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the City Council of the City of Azusa ("City") approved and adopted a redevelopment plan for the Central Business District Redevelopment Project Area ("CBD Project Area") on September 18, 1978, by Ordinance No. 2062; and approved and adopted a separate redevelopment plan for the West End Redevelopment Project Area ("West End Project Area") on November 7, 1988, by Ordinance No. 2382; and WHEREAS, on November 7, 1988, by Ordinance No. 2382, the City Council adopted the sixth amendment to the redevelopment plan for the CBD Project Area and the first amendment to the West End Project Area which, among other things, merged the CBD Project Area with the West End Project Area creating one merged project area ("Merged Project Area"); and WHEREAS, the Redevelopment Agency of the City ("Agency") has proposed and prepared an eighth amendment to the redevelopment plan for the CBD Project Area and a third amendment to the West End Project Area (together "Amendments") which, among other things, (i) add territory to the Merged Project Area ("Added Territory"); (ii) reinstate the Agency's right to use eminent domain within certain non-residential portions of the Merged Project Area; (iii) redefine the method by which the tax increment limit is calculated and measured for the Merged Project Area; (iv) combine the bond indebtedness limits of the Merged Project Area and the Added Territory; (v) replace the separate redevelopment plans for the CBD Project Area and the West End Project Area with one amended and restated redevelopment plan ("Amended and Restated Redevelopment Plan") applicable to the Merged Project Area; and WHEREAS, the Added Territory includes property which is located in an unincorporated area of Los Angeles County, and such inclusion of noncontiguous property within the Merged Project Area has been approved by Ordinance No. 2001-0006 of Los Angeles County, as permitted by CRL Section 33210 et seq; and WHEREAS, the City Council has received from the Agency the proposed Amendments, as approved and recommended by the Agency, copies of which are on file at the office of the City Clerk, 213 East Foothill Boulevard, Azusa, California, and at the office of the Agency at the same address, together with the report of the Agency to the City Council on the Amendments ("Report"); and WHEREAS, the City has also received the Report which includes: (i) the reasons for selection of the Added Territory; (ii) a description of the physical and economic conditions in the Added Territory and the Merged Project Area; (iii) a description of the Added Territory and the Merged Project Area that is sufficiently detailed to determine whether the Added Territory and the Merged Project Area are predominantly urbanized; (iv) a description of specific projects proposed by the Agency in the Added Territory and the Merged Project Area and an explanation as to how the proposed projects will improve or alleviate the blight conditions existing in the Added Territory and the Merged Project Area; (v) the proposed method of financing redevelopment of the Added Territory and the Merged Project Area, including an assessment of the economic feasibility and an explanation of why elimination of blight and redevelopment of the Added Territory and the Merged Project Area cannot be accomplished by private enterprise acting alone or by the City Council's use of financing alternatives other than tax increment financing; (vi) a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing as a result of the Amendments; (vii) an analysis of the preliminary plan ("Preliminary Plan") for the Merged Project Area; (viii) a report and recommendations of the planning commission of the City ("Planning Commission"); (ix) the final environmental impact report ("Final Page 1 of 5 RVPUBUCCV\658470 0 0 EIR"); (x) a record of the consultations with taxing entities; and (xi) an implementation plan ("Implementation Plan"); and WBERAS, the Planning Commission has submitted to the City Council its report and recommendations concerning the approval of the Amendments and its certification that the Amendments conform to the General Plan of the City; and WHEREAS, the Agency prepared and circulated a draft environmental impact report ("Draft EIR") in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seg.) and the State Guidelines (14 Cal. Code Regs. Sections 15000 et seq.) (collectively "CEQA"), which analyzed the impact of the Amendments, and was available for comments during a forty five (45) day review period; and WHEREAS, the Agency has, by resolution adopted on Septembe 15, 2003, certified that the Final EIR has been completed in compliance with CEQA, and local guidelines; and adopted a mitigation monitoring program, made findings, and declared the statement of overriding considerations; and WHEREAS, the City Council reviewed and considered the Final EIR for the Amendments, prepared and submitted pursuant to CEQA and CRL Section 33352, and confirmed and ratified the Final EIR on September 15, 2003, by Resolution No. 03-C72; and WHEREAS, the Agency has consulted with and obtained the advice of owners, residents, community organizations and others regarding the proposed Amendments, and property owners, residents, community organizations and others were given the opportunity to review the proposed Amendments at community information meetings held on May 13 and May 23, 2003, and WHEREAS, the City Council and the Agency held a joint public hearing on June 30, 2003, on adoption of the Amendments, after which the joint public meeting was continued to July 7, 2003 and continued again to September 2, 2003 in the City Council Chambers, 213 East Foothill Boulevard, Azusa, California; and WHEREAS, notice of said hearing was duly and regularly published in the San Gabriel Valley Tribune, a newspaper of general circulation in the City of Azusa, once a week for four (4) successive weeks prior to the date of said hearing, and a copy of said notice and an affidavit 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 Merged Project Area and Added Territory, and to residents, businesses, and other occupants in the Merged Project Area and the Added Territory; 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 Merged Project Area and the Added Territory; and WHEREAS, the City Council has provided an opportunity for all persons to be heard, received and considered all evidence and testimony presented for or against any and all aspects of the Amendments and the Final EIR and adopted written findings in response to each written objection to the Amendments from an affect taxing entity or property owner; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the Agency's Report to City Council, the Amendments and their economic feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, has received and considered all evidence and Page 2 of 5 0 0 testimony presented for or against any and all aspects of the Amendments, and has made written findings in response to each written objection of an affected property owner and taxing entity; and WHEREAS, all actions required by law have been taken by all appropriate public bodies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. The principal purpose and intent of the City Council with respect to the Merged Project Area continues to be to eliminate remaining blight and complete all public -assisted redevelopment activities as quickly as possible consistent with the needs of the constituent projects in the Merged Project Area and the availability of financial resources to fund them. Additional goals and objectives for the Merged Project Area, including the Added Territory, are to: (i) develop long-range plans to promote compatible land uses, establish design standards, and construct essential public improvements; (ii) address the presence of physically obsolete and unsafe buildings; (iii) develop Agency -owned sites and assemble other key sites; (iv) improve the business climate in the Central Business District area of the City and increase occupancy rates, rents and property values; and (v) construct housing to increase commercial demand. Section 2. The City Council hereby determines that the Amendments submitted by the Agency are necessary and desirable. Section 3. The Added Territory to be added to the Merged Project Area by the Amendments is shown in Exhibit "A," (Map of Added Territory), and are described in Exhibit "B," (Legal Descriptions of Added Territory), attached to the Amendments. Section 4. 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, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendments held on June 30, 2003, and continued to July 8, 2003 and continued again to September 2, 2003, that: a) The Merged Project Area was found and determined to be a blighted area in Ordinance No. 2062 adopted by the City Council. Based on substantial evidence contained in the Report to City Council, the Added Territory is also a blighted area. The redevelopment of the Added Territory is necessary to effectuate the public purposes declared in CRL. b) The combined blight conditions cited above are so prevalent and so substantial that it causes a reduction of, or lack, of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, requiring the use of redevelopment in the interest of the health, safety and general welfare of the people of the City and the State of California. c) Adoption of the Amendments and carrying out the Amended and Restated Redevelopment Plan will assist in the continued redevelopment of the Merged Project Area in conformity with CRL and in the interests of the public peace, health, safety and welfare. d) The adoption and carrying out of the Amendments is economically sound and feasible. e) The Amendments conform to the General Plan of the City, including, but not limited to, the housing element 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. f) Adoption and carrying out of the Amendments will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policies of CRL. Page 3 of 5 0 0 g) The condemnation of certain non-residential real property in the Merged Project Area, including the Added Territory, is necessary to the execution of the Amended and Restated Redevelopment Plan, and adequate provisions have been made for the payment for property to be acquired as provided by law. h) 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 Merged Project Area, including the Added Territory. The Agency also has a feasible method and plan for the relocation of businesses. i) There are, or shall be provided, within the Merged Project Area, including the Added Territory, or within other areas not generally less desirable with 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 Merged Project Area, including the Added Territory, 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. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1. 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 CRL Sections 33334.5, 33413, and 33413.5. j) The elimination of blight and the redevelopment of the Merged Project Area and the Added Territory could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. k) The time limitations applicable to the Merged Project Area and the Added Territory are reasonably related to the proposed projects to be implemented in the Merged Project Area and the Added Territory and to the ability of the Agency to eliminate blight within the Merged Project Area and Added Territory. 1) All noncontiguous areas of the Merged Project Area and the Added Territory are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to CRL Section 33670 without other substantial justification for their inclusion. m) Each of the areas comprising the Added Territory are an urbanized area, as defined by CRL Section 33201(b). n) Inclusion of any land, 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; any area included is necessary for redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to CRL Section 33670 without other substantial justification for its inclusion. Section 5. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of the Merged Project Area, including the Added Territory, are displaced, if any, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. Page 4 of 5 0 0 Section 6. The Amendments, including the Amended and Restated Redevelopment Plan is incorporated herein by this reference and made a part hereof as if fully set forth herein. The Amendments are hereby approved and adopted. Ordinance Nos. 2062, 2077, 2113, 2196, 2197, 2249, 2250, 2382, 90-018, and 94-020 and the redevelopment plans adopted and amended pursuant thereto for the CBD Project Area and the West End Project Area are hereby amended by the Amendments so that the redevelopment plan for the CBD Project Area and the redevelopment plan for the West End Project Area is replaced by the Amended and Restated Redevelopment Plan. By this action, the Amended and Restated Redevelopment Plan is hereby designated as the official Redevelopment Pian for the Merged Project Area. Section 7. All written and oral objections to the adoption of the Amendments have been considered, and all written objections received from Merged Project Area, including the Added Territory, property owners and affected taxing agencies prior to or at the joint public hearing have been responded to in writing and have been overruled, as evidenced by Resolution No. 03-C73, adopted by the City Council on September 15, 2003. Section 8. In order to implement and facilitate the effectuation of the Amendments, hereby approved, this City Council hereby: (a) pledges its cooperation in helping to cavy out the Amended and Restated Redevelopment Plan, (b) requests the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Merged Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendments, and (d) declares its intention to undertake and complete any proceeding, including the expenditure of monies, necessary to be carried out by the City under the provisions of the Amended and Restated Redevelopment Plan. Section 9. 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 Amended and Restated Redevelopment Plan. Section 10. The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a description of the land within the Added Territory and a statement that proceedings for the redevelopment of the Merged Project Area, including the Added Territory, previously instituted under CRL, are continuing pursuant to the Amendments. Section 11, The City Building Department is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Merged Project Area, including the Added Territory, that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project. Section 12. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 10 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Added Territory, to the Auditor -Controller and Assessor of the County of Los Angeles, to the governing body of each of the taxing agencies which receives taxes from property in the Merged Project Area, including the Added Territory, and to the State Board of Equalization, no later than thirty (30) days following the adoption of this Ordinance. Section 13. The City Clerk is hereby ordered and directed to certify the passage of. this Ordinance and to cause the same to be published in the San Gabriel valley Tribune, a newspaper of general circulation, published and circulated in the City. Section 14. If any part of this Ordinance or the Amendments 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 Amendments, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Amendments if such invalid portion thereof had been deleted. Page 5 of 5 Section 15. This Ordinance shall be in full force and effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED this I CERTIFICATION I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 03-06 was regulary introuduced and placed upon its first reading at a regular meeting of the City Counicl on the 15`h day of September, 2003. That thereafter, said Ordinace was duly adopted and passed at a regular meeting of the City Council on the 60h day of October, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, MADRID NOES: COUNCILMEMBERS: ROCHA ABSTAIN: COUNCILMEMBERS: CHAGNON ABSENT: COUNCILMEMBERS: NONE Vera Mendoza City Clerk, City of Azusa APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Page 6 of 5 Vera Mendoza Secretary, Redevelopment Agency City of Azusa