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HomeMy WebLinkAboutAgenda Packet - June 26, 2008 - CC AdjournedAGENDA ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AZUSA LIGHT AND WATER 729 NORTH AZUSA AVENUE A. PRELIMINARY BUSINESS • Call to Order • Roll Call THURSDAY, JUNE 26, 2008 6:30 p.m. B. PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of the Mayor. Mayor Pro-Tem/Director Angel Carrillo will be included in this portion of the meeting via Teleconference Call from the following location: 509 N. San Gabriel Azusa, California, 91702 Telephone: (626) 633-0520 C. ADJOURNED AGENDA ITEM (Adjourned from lune 16 2008 City Council Meeting and the lune 23. 2008 Adjourned Meeting) 1. SECOND READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROIECT AREA. RECOMMENDED ACTION: Waive further reading and adopt Ordinance No. 08-09 approving the Plan Amendment. D. ADIOURNMENi 1. Adjourn "%n compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5129. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. " NOTICE OF CONFERENCE CALL LOCATION NOTICE IS HEREBY GIVEN that at the Adjourned Regular Meeting of the City Council and Redevelopment Agency of the City of Azusa, scheduled for THURSDAY, JUNE 26, 2008, at 6:30 p.m., regarding the proposed second reading and adoption of Ordinance approving the Plan Amendment, Mayor Pro-Tem/Director Carrillo will be participating in the meeting via a CONFERENCE CALL from the following location: 509 N. San Gabriel, Azusa, CA 91702, Telephone number (626) 633-0520, to the location of the meeting at the Azusa Light and Water Department Conference Room, 729 N. Azusa Avenue, Azusa, California, Telephone number (626) 812-5087. DATE: June 25, 2008. CANDACE TOSCANO, DEPUTY CITY CLERK s ORDINANCE NO. 08-09 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Plan for the Central Business District Redevelopment Project Area ("Central Business District") was adopted on September 18, 1978, pursuant to Ordinance No. 2062; and WHEREAS, the Redevelopment Plan for the West End Redevelopment Project Area ("West End") was adopted on November 28, 1983, pursuant to Ordinance No. 2196: and WHEREAS, on January 7, 2008 the City Council directed the staff to initiate an amendment to the Redevelopment Plan; and WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") has undertaken the required steps for consideration of the amendment to the draft Redevelopment Plan ("Plan Amendment") for the Merged Central Business District and West End Redevelopment Project ("Project Area"), which is the proposed 14th Amendment to Central Business District and 9th Amendment to the West End Redevelopment Project; and WHEREAS, the Plan Amendment proposes to add 15.1 acres of territory ("Added Area" or "14`" Amendment'), re -instate eminent domain on two (2) commercial properties in the West End Project and increase the tax increment limit from $114.9 million to $300 million; and WHEREAS, the Agency has prepared the Amendment to the Redevelopment Plan for the Project Area ("Amendment") in accordance with the provisions of California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL"); and WHEREAS, the City Council has received from the Agency the Amendment to the Redevelopment Plan for the Project Area, a copy of which is on file at the Office of the City Clerk, City of Azusa, 213 E. East Foothill Blvd, Azusa, CA 91702-2550, together with the report of the Agency prepared pursuant to Section 33352 of the California Health and Safety Code (the "Report to the City Council"), including the reasons for the selection of the Added Area, and a discussion of certain other matters as set forth in Section 33352 of the CRL including an analysis of the physical and economic conditions existing in the Added Area, the proposed method of financing the redevelopment of the Added Area, a plan for the relocation of business owners and tenants who may be temporarily or permanently displaced under the Amendment to the Redevelopment Plan, an analysis of the Preliminary Plan, the report and recommendations of the Azusa Planning Commission (the "Planning Commission"), the minutes of consultations with affected taxing agencies, the Final Environmental Impact Report on the Amendment to the Redevelopment Plan, and an implementation plan; and WHEREAS, the Planning Commission has submitted to the City Council its report and recommendations for approval of the Amendment to the Redevelopment Plan and its certification that the Amendment to the, Redevelopment Plan conforms to the Azusa General Plan (the "General Plan"); and WHEREAS, the City Council and the Agency held a duly noticed joint public hearing on June 2, 2008, concerning the adoption of the Amendment to the Redevelopment Plan; and WHEREAS, the City Council and the Agency opened the joint public hearing on June 2, 2008, adopted the Report to the City Council, verified noticing and publication of the joint public hearing, received public testimony, received written objections regarding the Amendment, closed the joint public hearing and continued the meeting to June 16, 2008, in order to respond to written objections concerning the adoption of the Amendment to the Redevelopment Plan; and WHEREAS, the Redevelopment Agency responded in writing to the written objections with a good -faith, reasoned analysis that described the disposition of the issues raised, addressed the written objections in detail, and gave reasons for not accepting specified objections and suggestions; and WHEREAS, notice of the joint public hearing was duly and regularly published in the Azusa Herald, a newspaper of general circulation in the City of Azusa, in accordance with CRL Section 33361, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Azusa (the "City Clerk") and Secretary of 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 Los Angeles County, of each parcel of land in. the existing Merged Central Business District and West End Redevelopment Project Area, to each resident, and to each business as practicable; 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 existing Merged Central Business District and West End Redevelopment Project Area and the Added Area; and WHEREAS, the Agency previously adopted a method for the relocation of persons and businesses who may be displaced as a result of carrying out -2- redevelopment activities, as well as rules governing participation and preferences for property owners and business occupants, these rules will be extended to the Added Area; and WHEREAS, the City Council has no knowledge of any residential building in the Added Area and of the availability of suitable housing for the relocation of families and persons who may be displaced by redevelopment activities; however, any future relocation of residents will be carefully considered and reviewed prior to relocation and the method of relocation previously approved in the Merged Project Area will be extended to the Added Area; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Amendment to the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and 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 Amendment to the Redevelopment Plan; and WHEREAS, the City Council has reviewed and considered the Final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and CRL Section 33352, and certified the completion of said Environmental Impact Report on June 16, 2008, by City Council resolution No. 08-050; and WHEREAS, the Agency has reviewed and considered the Final Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and CRL Section 33352, and certified the completion of said Environmental Impact Report on June 16, 2008, by Agency Resolution No. 08-R26. NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows: Section 1: The overall objective, purpose and intent of the City Council with respect to the area covered by the Amendment to the Redevelopment Plan is to provide for the elimination or alleviation of physical and economic conditions of blight. Broadly stated, these conditions include physical deterioration of buildings and facilities both public and private, inadequate public improvements and facilities that are essential to the health and safety of local residents and businesses, areas of incompatible land uses, lots of irregular form and shape and of inadequate size for proper development, parcels suffering from depreciated values and impaired investments, and a variety of other conditions that are a threat to the public health, safety, and welfare. -3- In eliminating blighting conditions through the implementation of the Amendment to the Redevelopment Plan the City Council intends to achieve the following goals: • Invest in the Growth and Evolution of the City's Economy. • Work with the private sector to encourage core community revitalization with emphasis on the corridors leading to the downtown area of the City. • Promote the creation of mixed-use urban centers. • Continue business retention and expansion efforts while implementing office and industrial attraction strategies emphasizing the provision of high -paying jobs. • Provide new housing development opportunities to address the City's regional housing needs. • Improve aesthetics on major corridors. • Invest in the City's infrastructure (water, streets, sewers, parks, storm drains and public facilities). • Develop funding alternatives to implement infrastructure master plans. • Provide enhanced recreational, educational and cultural activities. In addition to these broad City-wide goals, some specific goals to be achieved through the Plan are as follows: Section 2: The City Council hereby finds and determines that: (a) The Added Area is a blighted area pursuant to CRL Section 33030 the redevelopment of which is necessary to effectuate the purposes of CRL. These findings are based in part on the research and facts contained in the Report to the City Council. (b) The Added Area is a predominately urbanized area. As demonstrated by the Agency's Report to the City Council, not less than eighty percent (80%) of the property in the Added Area is urbanized. (c) The Amendment to the Redevelopment Plan will assist in Agency efforts to redevelop the Added Area in conformity with the CRL and in the iriterests of the public health, safety and welfare. This finding is based in part upon the fact that redevelopment of the Added Area will implement the objectives of the CRL by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. (d) The adoption and carrying out of the Amendment to the Redevelopment Plan is economically sound and feasible. This finding is based in part on the fact that under the Amendment to the Redevelopment Plan no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; the Agency's Report to the City Council further discusses and demonstrates the economic soundness and feasibility of the Amendment to the Redevelopment Plan and undertakings pursuant thereto. Additionally, this finding is based upon the evidence contained in the Report to the City. Council that the Project will generate sufficient revenue to finance a comprehensive redevelopment program. (e) The City Council finds, based upon their knowledge of the Added Area and the Report to the City Council that significant blight remains in the project area and that the blight cannot be eliminated without the proposed additional tax increment. (f) The Amendment to the Redevelopment Plan conforms to the General Plan, including, but not limited to, the Housing Element which substantially complies with the requirement of California Government Code Section 65580. This finding is based in part on the finding of the Planning Commission that the Amendment to the Redevelopment Plan conforms to the General Plan. (f) The carrying out of the Amendment to the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Azusa and will effectuate the purposes and policies of the CRL. This finding is based on the fact that redevelopment will benefit the Added Area and the community by correcting conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of the Added Area and the community. (g) The Agency has a feasible method for the relocation of families and persons displaced from the Added Area. The City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable to any relocation that would occur due to the implementation by the Agency of the Amendment to the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. (h) There shall be provided, within the Added Area 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 any families and persons who might be displaced from the Added Area, decent, safe and sanitary dwellings equal in number to the number of and available to the 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. This finding is based upon the Rules and Regulations for Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines, which was previously -5- adopted by the Agency and is extended to the Added Area as the relocation method for the Added Area pursuant to Azusa Redevelopment Agency resolution, and the Housing Element of the General Plan. (i) The elimination of blight and the redevelopment of the Added Area would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based in part upon the existence of blighting influences in the Added Area, including, without limitation, the demonstrated lack of private sector ability to redevelop properties in the Added Area, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to the City Council, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. (i) The Amendment to the Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Amendment to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the Amendment to the Redevelopment Plan, which the City Council deems necessary to effectuate the purposes of the CRL. (j) The time limitations and financial limitations established for the Added Area are reasonably related to the projects proposed in the Amendment to the Redevelopment Plan and to the ability of the Agency to eliminate blight within the Added Area. (k) All non-contiguous areas of the Added Area are either blighted or necessary for effective redevelopment, and are not included for the purpose of obtaining the allocation of taxes from the non-contiguous areas pursuant to Section 33670 without other substantial justification for their inclusion. Said justification and documentation of blighting conditions is contained in the Report to the City Council. (1) All areas of the Added Area are blighted, are an integral part of an otherwise blighted area, or are necessary for effective redevelopment, and are not included for the sole purpose of obtaining the allocation of taxes from the Added Area pursuant to CRL Section 33670 without other substantial justification for their inclusion. This finding, is based in part upon the fact that, following careful study documented in the Report to the City Council, the Project Area was identified as an area within the City suffering conditions of physical and economic blight. (m) The condemnation of real property is necessary to the execution of the Amendment and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based in part on the inclusion within the IMI Plan of the Agency's .program to acquire real property by eminent domain pursuant to CRL Section 33342.5. (n) The implementation of the Amendment will improve or alleviate the physical and economic conditions of blight in the Project Area as described in the Report to the City Council. Section 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. Section 4: The City Council has heard and considered all oral and written objections to the Amendment to the Redevelopment Plan, has evaluated the Report to the City Council, the report of the Agency, and all evidence and testimony for and against the adoption of the Amendment to the Redevelopment Plan. The City Council has responded in writing to all written objections received before or at the noticed hearing and all written objections have been overruled. Section 5: That certain document entitled "Amended And Restated Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project" 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 City Clerk, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof. The Amendment to the Redevelopment Plan is hereby designated, approved and adopted as the official "Amended And Restated Redevelopment Plan For The Merged Central Business District And West End Redevelopment Project." Section 6: In order to implement and facilitate the effectuation of the Amendment to the Redevelopment Plan as hereby approved, the City Council hereby (a) pledges its cooperation in helping to carry out the Amendment to the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City of Azusa having administrative responsibilities in the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Added Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment to the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Azusa under the provisions of the Amendment to the Redevelopment Plan. Section 7: 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 Amendment to the Redevelopment Plan. -7- Section 8: The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added Area have been instituted under the CRL. Section 9: The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Added Area, to the auditor and tax assessor of Los Angeles County, to the governing body of each of the taxing agencies which receives taxes from property in the Added Area and to the State Board of Equalization. Section 10: The City of Azusa 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 Added Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. Section 11: This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage. Section 12: If any part of this Ordinance or the Amendment to the Redevelopment Plan 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 Amendment to the Redevelopment Plan, and the City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment to the Redevelopment Plan if such invalid portion thereof had been deleted. Section 13: This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. The full text of this Ordinance shall be published and/or be posted as required by law in accordance with Government Code Section 36933. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Azusa this day of 2008. Mayor, City of Azusa Attest: WE City Clerk Approved as to form: Best Best & Krieger, LLP City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CIN OF AZUSA ) I Vera Mendoza, City Clerk for the City of Azusa hereby certify that the foregoing Ordinance No. 08-09 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 16 th day of June, 2008, and that thereafter, said ordinance was duly adopted and passed at a special meeting of June 23, 2008, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Vera Mendoza City Clerk m