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Home My WebLink About6551 ~ < . . . ... ,. -~ ..... - . '''''''' , , ... .- .- ~ RESOLUTION NO. 6551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 8, 2007 OF A CERTAIN MEASURE TO ELIMINATE EMINENT DOMAIN AND TO PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE WHEREAS, a Special Municipal Election on Tuesday, May 8, 2007 has been called by Resolution No. 6545 adopted by the City Council on November 21, 2006; and WHEREAS, the City Council now desires and intends to submit to the voters at said Special Municipal Election a proposed ordinance relating to eminent domain and to permitted land uses in the Central Business District Zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. The City Council, pursuant to its right and authority, does order submitted to the voters at the May 8, 2007 Special Municipal Election the following question: 1 . . ~ . . . - . , , ~ -. MEASURE "B" YES Shall an ordinance amending the Arcadia Municipal Code and Redevelopment Plan to (1) eliminate the use of eminent domain for purposes of taking private property for private use, (2) promote economic development, (3) protect existing land uses in the NO Central Business District Zone, and (4) preserve the rights of private property owners to reasonably and lawfully use and develop their property, be adopted? SECTION 2. The proposed measure submitted to the voters is attached hereto as Exhibit "A". SECTION 3. In all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. Notice of the time and place of holding the election is given as set forth in City Council Resolution No. 6545, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, foml and manner as required by law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 6551 , , ... J> #< ,!; ... ... ..,. ----=- ......-... , < -- .. r ~'" Passed, approved, and adopted this 16th day of January, 2007. r of the City of Arcadia ATTEST: ~fIK~ ity Clerk APPROVED AS TO FORM: ~r.~ City Attorney 3 . ~ ~ 6551 . . - . - - ~ ~ -. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6551 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of January, 2007 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None 4 6551 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE TO (I) ELIMINATE THE USE OF EMINENT DOMAIN FOR PURPOSES OF TAKING PRIVATE PROPERTY FOR PRIVATE USE, (2) PROMOTE ECONOMIC DEVELOPMENT, (3) PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE, AND (4) PRESERVE THE RIGHTS OF PRIVATE PROPERTY OWNERS TO REASONABLY AND LA WFULL Y USE AND DEVELOP THEIR PROPERTY WHEREAS, on November 21, 2006,"An Initiative Measure to Amend the General Plan and Zoning Regulations Relating to Permitted and Prohibited Uses Within the Central Business District Zone" ("CBD Measure") qualified for a Special Municipal Election pursuant to California Elections Code Section 9214; and WHEREAS, under the existing Arcadia General Plan and Arcadia Municipal Code, automobile sale, storage, and repair services are permitted on the city block bounded by Santa Anita Avenue, Morlan Place, and Huntington Drive ("City Block"); and WHEREAS, it is important to the City that the automobile sale, storage, and repair services be pelmitted to continue on the City Block to enhance and generate general fund revenue to pay for necessary city services and city improvements; and EXHIBIT" A .. 1 WHEREAS, the CBD Measure would amend the Arcadia General Plan and Arcadia Municipal Code to prohibit automobile sales, storage, and repair services, and their expansion, on the City Block; and WHEREAS, the CBD Measure also would reqUire the amortization of existing automobile sales, storage, and repair services on the City Block within two years of the measure passing and would create additional permitted uses on the City Block for businesses existing prior to January I, 2006; and WHEREAS, the City Council finds and declares that the promotion and encouragement of economic development in the City is vital to the City's continued existence; and WHEREAS, the City Council finds that providing property and business owners certainty regarding the return on their investments effectively promotes and encourages economic development in the City; and WHEREAS, the City Council finds that protecting existing permitted land uses within the City provides property and business owners with certainty regarding the return on their investments; and WHEREAS, the City Council finds that prohibiting the use of eminent domain for the purpose of transferring private property to private entities is an effective means of protecting existing permitted land uses within the City; and WHEREAS, California Elections Code Section 9222 vests a City Council 2 with legal authority to place on a ballot any legislative matter within the subject matter of the jurisdiction of the City Council; and WHEREAS, the City Council desires .to submit to the voters of the City of Arcadia at a Special Municipal Election an Ordinance prohibiting the City's ability to use eminent domain to transfer private property to private entities, as an alternative to the CBD Measure; and WHEREAS, the City Council finds and declares that property and business owners' investment expectations would be strengthened by this Ordinance requiring the voters to approve any repeal or amendment of Arcadia Municipal Code Article IX, Chapter 9, or Section 303 of the Redevelopment Plan for the Central Redevelopment Project, or Section 9264.2.11 of Article IX, Part 6, Division 4, Title 2 of the Arcadia Municipal Code. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Article IX, Chapter 9, Sections 9900-9902 of the Arcadia Municipal Code are hereby added to read as follows: "Chapter 9. Eminent Domain. Section 9900. Purpose and Intent. 3 - - .~ ... This Ordinance is adopted to achieve the following purposes, among other purposes, and th.e people of the City of Arcadia hereby direct that the provisions of this Ordinance be interpreted in order to accomplish these purposes: (a) The people of the City of Arcadia find and declare that the use of eminent domain by local government agencies to take private property for private use impedes economic development. (b) The people of the City of Arcadia find and declare that the protection of existing permitted land uses in the City promotes economic development. (c) The people of the City of Arcadia find and declare that adopting clear policies concerning the City's use of eminent domain and existing permitted land uses will provide certainty for business and property owners and encourage economic investment in the City. (c) The people of the City of Arcadia desire to remove impediments to economic growth within the City and to promote economic development. Section 9901. Definitions. As used in this chapter, the following terms shall have the following ascribed meanings: (a) "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City has in its possession. 4 (b) "Property" shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. (c) "City-Affiliated Agency" shall mean the City of Arcadia and/or any other entity possessing the power of eminent domain, the governing board of which is solely comprised of, or is solely appointed by, the members of the City Council of the City of Arcadia. Section 9902. Limitations on the Use of Eminent Domain. Neither the City of Arcadia nor any City-Affiliated Agency may exercise the power of eminent domain to acquire any property from any private owner thereof, without such owner's consent, where the purpose of the acquisition at the time of acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activity." SECTION 2. Paragraph 5, Section 303, of the Redevelopment Plan for Arcadia Redevelopment Agency Central Redevelopment Project is hereby deleted in its entirety and amended to read as follows: "The Agency shall not acquire real property through the commencement of eminent domain proceedings. For purposes of this Redevelopment Plan, the Agency will be deemed to have "commenced" eminent domain proceedings when it has adopted a resolution of necessity pursuant to California Code of Civil Procedure Sections 1245.210 et seq. (or successor statutes)." 5 Section 9264.2,11 of the Arcadia Municipal Code is hereby added to read as follows: "Section 9264,2.11. Additional Permitted Uses. In addition to the uses set forth in Sections 9264.2.2 through 9264.2.10, the following uses shall be expressly permitted on the city block bounded by Santa Anita, Morlan Place, and Huntington Drive as those streets existed on January I, 2006: (a) Any restaurant, eating establishment, coffee houses, juice bar, delicatessen, or similar uses, that existed on the block prior to January 1, 2006; (b) Any public storage facility that existed on the block prior to January 1,2006; (c) Any membership club or association that existed on the block prior to January 1,2006; (d) Vehicular parking and vehicular access that existed on the block prior to January 1,2006." SECTION 3. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. 6 SECTION 4. Competing Measures. In the event that another ballot measure ("Competing Initiative") appears on the same ballot as this Ordinance, and such Competing Initiative seeks to adopt or impose any Municipal Code or Redevelopment Plan provisions that differ in any regard from or supplement those contained in this Ordinance, the voters hereby express and declare their intent that if both the Competing Initiative and this Ordinance receive a majority of the votes cast, and if this Ordinance receives a greater number of votes than the Competing Initiative, then this Ordinance shall prevail in its entirety over the Competing Initiative without regard to whether specific provisions of each measure directly conflict with each other. Under these circumstances, the Competing Initiative shall have no force or effect and shall be void. SECTION 5. Severability, If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance 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 people hereby declare that they would have approved this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone of more sections, subsections, 7 subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Repeal, Alteration, Modification, Amendment. All amendment or proposed repeals of the provisions contained in this Ordinance shall require voter approval to become effective. SECTION 7. Codification. Upon the Effective Date of this Ordinance, as provided in Section 3, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code, Passed, approved and adopted this day of ,200_. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 8