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HomeMy WebLinkAboutOrdinance No. 06-O110 0 ORDINANCE NO. 06-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING THE 2006 EMINENT DOMAIN AMENDMENT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECTS WHEREAS, the City Council of the City of Azusa ("City Council") proposes to adopt the 2006 Eminent Domain Amendment ("2006 Eminent Domain Amendment") to the Amended and Restated Redevelopment Plan for the Merged Central Business District and West End Projects ("Merged Plan") to establish the power of eminent domain on selected parcels; and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is a duly constituted redevelopment agency under the laws of the State of California; and WHEREAS, the City Council adopted the Redevelopment Plan for the Central Business District Redevelopment Project by Ordinance No. 2062 on September 18, 1978, and amended it by Ordinance No. 2077 on July 2, 1979, Ordinance No. 2113 on July 20, 1981, Ordinance No., 2197 on November 28, 1983, Ordinance No. 2249 on December 17, 1984, and Ordinance No. 2250 on December 17, 1984; and WHEREAS, the City Council adopted the Redevelopment Plan for the West End Redevelopment Project by Ordinance No. 2196 on November 28, 1983; and WHEREAS, the two Project Areas were amended to form the Merged Central Business District and West End Redevelopment Projects by Ordinance No. 2382 on November 7, 1988, and were amended by Ordinances No. 94-018 and 94-020 on December 19, 1994, Ordinance No. 03-06 on October 6, 2003, Ordinance No. 03-07 on December 1, 2003, and Ordinance No. 04-09 on October 4, 2004; and WHEREAS, the City Council has received from the Agency the proposed 2006 Eminent Domain Amendment, a copy of which is on file at the office of the City Clerk, together with the Agency's Report to the City Council ("Report") including the reasons for the 2006 Eminent Domain Amendment, a description of the physical and economic conditions existing in the Project Area, a Negative Declaration (the "ND"); and WHEREAS, the proposed 2006 Eminent Domain Amendment would establish the Agency's power of eminent domain for twelve years on selected non-residential parcels but would not add any new territory to the Merged Plan, modify any other time or fiscal limits applicable to the Merged Plan, or make any other changes to the Merged Plan; and WHEREAS, there is no Project Area Committee in existence for the Project, and a Project Area Committee was not required to be formed in connection with the 2006 Eminent Domain Amendment, because the 2006 Eminent Domain Amendment does not grant authority to the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside, and because the 2006 Eminent Domain Amendment 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 1 0 0 WHEREAS, the 2006 Eminent Domain Amendment would have no impact on the General Plan for the City of Azusa because it only establishes the Agency's power of eminent domain within select portions of the Project Area; and WHEREAS, the City Council and the Agency held a joint public hearing on September 25, 2006, on the adoption of the 2006 Eminent Domain Amendment in the City Council Chamber, Azusa City Hall, located at 213 East Foothill Boulevard, Azusa, California, 91702; and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Azusa, once a week for three successive weeks prior to the date of said 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, and to all residents and businesses within the Project Area at least 30 days prior to the Joint Public Hearing; and WHEREAS, such notice contained a statement and map that specified the property that would be subject to acquisition by purchase or condemnation under the provisions of the 2006 Eminent Domain Amendment; 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, Health and Safety Code Section 33457.1 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the ordinance adopting an amendment to a redevelopment plan shall contain certain findings required in connection with the adoption of a new redevelopment plan; and WHEREAS, because the 2006 Eminent Domain Amendment does not add new territory to the Project, change the financial powers or limits of the Agency, or otherwise modify the powers of the Agency under the Merged Plan beyond the establishment of Agency's power of eminent domain for twelve years on selected non-residential parcels, certain findings which are required in connection with the adoption of a new redevelopment plan are not warranted in connection with the 2006 Eminent Domain Amendment, including without limitation the findings that the Redevelopment Plan is economically feasible, that the elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency, that the Project Area is predominantly urbanized, and that the time limitation and limitation on the number of dollars to be allocated to the Agency that are contained in the Plan are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area; and WHEREAS, the findings and determinations made by the City Council in Ordinance Nos. 2062, 2077, 2113, 2197, 2249, 2250; 2196; 2382, 94-018, 94-020, 03-06, 03-07, and 2 0 0 04-09 are final and conclusive, no action having been timely brought to question the validity of the Merged Plan or the findings or determinations of the City Council in adopting the Merged Plan; and WHEREAS, the requirements of the California Environmental Quality Act have been fulfilled by the City Council by the adoption of Resolution No. 06-C83, which served to adopt the Negative Declaration prepared for the 2006 Eminent Domain Amendment; and WHEREAS, the City Council has considered the Report, the 2006 Eminent Domain Amendment, and the Negative Declaration, 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 2006 Eminent Domain Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Report to the City Council on the proposed 2006 Eminent Domain Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the 2006 Eminent Domain Amendment held on September 25, 2006, that: a. The purpose and intent of the 2006 Eminent Domain Amendment is to establish the Agency's authority of eminent domain on specified parcels, without making any changes to the authority of the Agency to exercise such power which is currently contained in the existing Merged Plan. b. The Project Area continues to be a blighted area, constituting physical and economic liabilities, requiring redevelopment to effectuate the public purposes declared in the California Community Redevelopment Law. C. This finding is based on the City Council's findings contained in the Original Ordinances, Original Plans, and Original Reports in connection with the adoption of the redevelopment plans for the Central Business District and West End projects and subsequent amendments. Those findings determined that blight existed in the Project Area based on evidence in the record, and are deemed to be final and conclusive. It follows that those portions of the Project Area that were blighted at the time and have not been upgraded or modified since, remain burdened by the blighting conditions as originally observed. d. This finding is further based on the fact that since adoption of the Original Ordinances and the Original Plans, the Agency has made efforts to eliminate blighting conditions by providing housing and housing rehabilitation, public facilities, assisting existing businesses, and providing incentives for new development. However, many of the original blighting conditions have not improved and continued revitalization efforts are necessary to prevent and eliminate the spread of remaining blighting conditions. Such conditions include structural dilapidation and deterioration, physical conditions that prevent or hinder economically viable use, adjacent and nearby uses that are incompatible with each other, parcels of inadequate size and shape in multiple ownership, high business vacancies, low commercial lease rates, and low retail sales. These conditions are causing and will continue to cause a reduction and lack of proper utilization of the Project Area. 7 0 0 e. The 2006 Eminent Domain Amendment conforms to the General Plan of the City of Azusa, including, but not limited to, the housing element of the General Plan. f. The implementation of the 2006 Eminent Domain Amendment will promote the public peace, health, safety, and welfare of the City of Azusa and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that the authority for the acquisition of property through eminent domain will benefit the Project 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. g. The acquisition of real property by eminent domain, as provided for in the 2006 Eminent Domain Amendment, is necessary to the execution of the Merged 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 that the provisions of the Merged Plan will be carried out to prevent the recurrence of blight, and the fact that no property will be acquired until adequate funds are available to pay full compensation therefor. h. The Agency has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation of persons and businesses that are displaced by Agency projects, and upon the fact that the Merged Plan provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. SECTION 2. Written objections to the 2006 Eminent Domain Amendment 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, all such objections are hereby overruled. SECTION 3. This Council hereby adopts the Negative Declaration for the adoption of the 2006 Eminent Domain Amendment, a copy of which is on file in the office of the Agency and in the office of the City Clerk. Further, the Agency shall undertake such additional environmental review or assessment as necessary .at the time of the proposed implementation of future activities in the Project Area. SECTION 4. The 2006 Eminent Domain Amendment, including 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 Agency and the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated as the official redevelopment plan for the Merged Central Business District and West End Redevelopment Project Area. SECTION 5. In order to implement and facilitate the effectuation of the 2006 Eminent Domain Amendment hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the 2006 Eminent Domain Amendment, (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 2006 Eminent Domain Amendment, and (d) declares its intention F1 0 0 to undertake and complete any proceeding, including the expenditure of moneys, necessary to be carried out by the City under the provisions of the 2006 Eminent Domain Amendment. 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 2006 Eminent Domain Amendment. SECTION 7. The City Clerk is hereby directed to record with the County Recorder of Los Angeles County the 2006 Eminent Domain Amendment and a statement that proceedings for the redevelopment of the Project Area as amended have been instituted under the California Community Redevelopment Law. 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 Azusa. SECTION 9. Any provision of the Azusa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 10. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or the 2006 Eminent Domain Amendment which it approves 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 validity of the remaining portions of this Ordinance. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 1 I. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. Mayor PASSED, APPROVED AND ADOPTED this 2nd day of October, 2006. 5 0 0 ATTEST: City Clerk 1, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 06-011, was duly introduced and placed upon its first reading at a special meeting of the City Council on the 25h day of September, 2006, and that thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of October, 2006, by the following vote to wit: AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, HANKS NOES: COUNCIL MEMBERS: ROCHA ABSTAIN: COUNCIL MEMBERS: CHAGNON ABSENT: COUNCIL MEMBERS: NONE City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP )P6�7z City Attorney