HomeMy WebLinkAboutOrdinance No. 07-O8ORDINANCE NO. 07-08
AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
RANCH CENTER REDEVELOPMENT PROJECT, ADOPTING AN
EMINENT DOMAIN PROGRAM FOR THE RANCH CENTER
REDEVELOPMENT PROJECT AREA AND DIRECTING AGENCY
STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS
WHEREAS, the City Council of City of Azusa ("City Council") has adopted that
certain Redevelopment Plan for the Ranch Center Project Area ("Project Area") by
Ordinance No. 2402 on July 17, 1989; and
WHEREAS, the Redevelopment Plan for the Ranch Center Project Area was
subsequently amended as follows:
• to extend time limits per AB -1290 by Ordinance No. 94-019 on December
19, 1994;
• to eliminate the time limit to establish debt by Ordinance No. 03-08 on
December 1, 2003;
• to extend the time limit on plan effectiveness and the time limit to collect
tax increment by Ordinance No. 04-07 on August 16, 2004; and
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is engaged
in activities necessary to carry out the Redevelopment Plan for the Project Area; and
WHEREAS, pursuant to CRL § 33342.7, prior to July 1, 2007, the legislative body
of the Agency is required to adopt an ordinance containing a description of the Agency's
eminent domain program ("Eminent Domain Program") for the Project Area; and
WHEREAS, Section 321 of the Redevelopment Plan authorized the Agency to
acquire certain real property in the Project Area by eminent domain for twelve (12) years
following the effective date of the ordinance adopting the Redevelopment Plan; and
WHEREAS, the deadline to acquire real property by eminent domain in the Project
Area expired on July 17, 2001, and such deadline has not been extended by the Agency;
and
WHEREAS, the Agency must record with the Los Angeles County Recorder a
description of the land within the Project Area and a statement that any proceedings for
the redevelopment of the Project Area have been instituted under CRL § 33373
("Statement of Proceedings"); and
WHEREAS, new CRL § 33373(d) more particularly requires the recordation of such
Statement of Proceedings prior to the Agency's commencement of any future eminent
domain action; and
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WHEREAS, such statement is attached hereto as Exhibit "A"; and
WHEREAS, it is the intent of the legislative body of the Agency to promote
effective redevelopment, but to discourage abuses of eminent domain powers; and
WHEREAS, the Agency intends to comply with all applicable laws,relating to
payment of fair market value, relocation expenses, loss of business goodwill and such
other damages as may be allowed by law when property is taken by eminent domain;
and
WHEREAS, the City now desires to adopt an eminent domain program describing
the Agency's program to acquire real property by eminent domain in the Project Area;
and
WHEREAS, City staff has determined that the approval and adoption of this
Ordinance does not constitute an approval of any specific program, project or
expenditure and does not constitute a project within the meaning of the California
Environmental Quality Act (Public Resources Code § 21000) ("CEQA"); and
WHEREAS, pursuant to the foregoing, City staff has determined that a notice of
exemption ("Notice of Exemption") for the approval of this Ordinance should be filed
with the County of Los Angeles, pursuant to CEQA, the State CEQA Guidelines and the
City's Local CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Purpose.
a. The purpose of this Ordinance is to adopt the Eminent Domain Program for
the Project Area within the territorial jurisdiction of the City pursuant to CRL Section
33342.7.
b. The goal of the Agency is to improve the quality of life in the City of Azusa
by eliminating the existence of blight, abandoned properties, boarded -up properties,
incompatible uses, and properties that experience repeated calls for police services or
otherwise constitute a nuisance.
SECTION 2. Amendment to Redevelopment Plan. The following paragraph shall be as
the last paragraph of Section 321 of the Redevelopment Plan for the Ranch Center
Redevelopment Projects:
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"EMINENT DOMAIN PROGRAM
Notwithstanding the foregoing, as of July 17, 2001, the Agency is no longer
authorized to acquire real property by eminent domain in the Project Area.
If the Agency is again authorized to acquire real property by eminent
domain pursuant to the provisions of this Plan, the Agency shall strictly adhere to
the following in assessing just compensation and damages to affected owners:
The Fifth Amendment to the United States Constitution, Article 1, Section 19 of the
California Constitution, the Eminent Domain Law (California Code of Civil
Procedure Section 1230010, et seq.), the California Relocation Assistance Act
(California Government Code Section 7260, et seq.), implementing rules and
regulations (Title 25, California Code of Regulations) and such other applicable
local, state or federal ordinances, statutes, rules, regulations and decisional laws.
The Agency shall assess the payment of fair market value for interests in real
property, payment for the taking and damaging of improvements, fixtures and
equipment, any diminution in value caused to a remainder of property acquired
pursuant to a resolution of necessity, relocation benefits and assistance, loss of
business goodwill in appropriate cases and the necessary costs of mitigating a loss
of business goodwill."
SECTION 3. Miscellaneous
a. Except as amended hereby, the Redevelopment Plan shall remain in full
force and effect according to its terms.
b. Agency staff is hereby directed to record with the County Recorder of Los
Angeles County, the Statement of Proceedings in accordance with Government Code §
27295 and CRL § 33373.
C. All required proceedings and considerations precedent to the adoption of
this Ordinance have been regularly taken in accordance with applicable law.
d. The Executive Director of the Agency is hereby authorized to compile the
Redevelopment Plan, as amended by this Ordinance, into a single document and said
document, when filed with the City Clerk and the Agency Secretary, shall constitute the
official Redevelopment Plan for the Ranch Center Project.
e. Should any provision, portion, part or section of this Ordinance be held
invalid by any court of competent jurisdiction, the invalid provision, portion, part, or
section shall be stricken and the remainder shall be severable from such invalid
provision, portion, part or section and such remainder shall remain in full force and
effect.
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f. The City Clerk is hereby authorized to file a Notice of Exemption pursuant to
CEQA Guidelines Section 15062 with the County of Los Angeles Clerk's office within five
(5) calendar days of the adoption of this Ordinance.
g. This Ordinance shall be in full force and in effect thirty (30) days after
passage.
h. The Mayor shall sign this Ordinance and the City Clerk shall cause the same
to be published or posted as required by law within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 18th day of June, 2007.
Josep R. Rocha
Mayor
Attest:
Vera Mendoza
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No. 07-08 was duly introduced and placed upon its first reading at a
regular meeting of the City Council of the City of Azusa held on the 41h day of June
2007, and that thereafter, said ordinance was duly adopted and passed at a regular
meeting on the 18'h
day of June, 2007, by the following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Vera Mendoza,
City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
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Exhibit "A"
Revised Statement of Proceedings
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Revised Statement of Proceedings
Recording Requested by
and When Recorded Return to:
Vera Mendoza
Agency Secretary
Redevelopment Agency of the City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702-2550
Exempt from recording fees pursuant to Government Code Section 27383
REVISED STATEMENT OF PROCEEDINGS FOR THE RANCH CENTER
REDEVELOPMENT PROJECT AREA
The following Statement of Proceedings ("Statement") has been prepared pursuant to
Section 33373(c) of the California Health and Safety Code ("Law") which became effective
January 1, 2007:
ALL PROPERTY TO WHICH THIS NOTICE PERTAINS IS LOCATED WITHIN THE
RANCH CENTER REDEVELOPMENT PROJECT AREA ("PROJECT AREA"). A
DESCRIPTION OF THE LAND WITHIN THE PROJECT AREA IS PROVIDED AS
EXHIBIT A AND A MAP OF THE PROJECT AREA IS PROVIDED AS EXHIBIT B.
The Redevelopment Agency of the City of Azusa ("Agency") is vested with the
responsibility of carrying out the goals and objectives of the Redevelopment Plan. A copy
of the Redevelopment Plan for the Project Area may be obtained from the Agency. All
proceedings for the redevelopment of the Project Area as detailed in the Redevelopment
Plan have been instituted pursuant to Section 33000 et seq. of the Law.
AGENCY'S EMINENT DOMAIN AUTHORITY
The Agency's authority to commence eminent domain proceedings is outlined in Section
321 of the Redevelopment Plan for the Project Area as follows:
Section 321 Acquisition of Real Property
The Agency may acquire, but is not required to acquire any real property
located in the Project Area by gift, devise, exchange, purchase, or any other
lawful method, including eminent domain. Eminent domain proceedings, if
used, must be commenced within twelve (12) years from the date the
ordinance adopting this Plan becomes effective. Such time limit may be
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extended by an amendment to this Plan.
The Agency's authority to commence eminent domain proceedings expired on July 17,
2001. The Agency is no longer authorized to acquire real property by eminent domain in
the Project Area and must amend the Redevelopment Plan to reinstate eminent domain
authority in the Project Area.
Prior to any acquisition through eminent domain the Agency shall adopt a resolution
declaring a need to acquire any specific property and authorizing the acquisition by such
method.
In addition to the above limitations, the Agency has promulgated rules forowner and tenant
participation which provide reasonable opportunities for owners of property and tenants in
the Project Area to participate in the Redevelopment Plan. Accordingly, the power of
eminent domain shall not be exercised except in compliance with the rules and procedures
set forth therein and as shall be amended.
Filed for recordation with the Los Angeles County Recorderfor the Redevelopment Agency
of the City of Azusa, California.
Dated: Y 7.
era Mendoza, Agency ecret
Attachments:
EXHIBIT A: Legal Description of the Ranch Center Project Area
EXHIBIT B: Map of the Project Area
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EXHIBIT A
TO THE REVISED STATEMENT OF PROCEEDINGS
Legal Description of the Ranch Center Project Area
Parcel 1 of Parcel Map No. 10031 in the City of Azusa, in the County of Los Angeles, State
of California, as per Map filed.in Book 93, Pages 40 and 41 of Parcel Maps, in the Office of
the County Recorder of said County.
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EXHIBIT B
TO THE REVISED STATEMENT OF PROCEEDINGS
Map of the Ranch Center Project Area
u
I CITY OF AZUSA REDEVELOPMENT AGENCY
ALOSTA- BLVD
HOLLYVALE AV
RANCH CENTER
REDEVELOPMENT PROJECT
REDEVELOPMENT PLAN MAP
GENERAL COMMERCIAL AREA
PROJECT AREA BOUNDARY���.
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