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HomeMy WebLinkAbout2231ORDINANCE NO. 2231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL REDEVELOPMENT PROJECT, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE CENTRAL REDEVELOPMENT PROJECT AREA AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS WHEREAS, the Arcadia Redevelopment Agency ("Agency") is a community redevelopment agency duly created, established, and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part I of Division 24, commencing with Section 33000 of the Health & Safety Code of the State of California) ("CRL"); and WHEREAS, pursuant to Ordinance No. 1490 adopted on December 26, 1973, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for the Central Redevelopment Project Area ("Project Area"); and WHEREAS, The Arcadia Redevelopment Agency ("Agency") is engaged in activities necessary to carry out the Redevelopment Plan, as amended; 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, 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 WHEREAS, prior to May 8, 2007, pursuant to Section 303 of the Redevelopment Plan for the Project Area the Agency was authorized to acquire real property in the Project Area by eminent domain until and including December 31, 2010; and WHEREAS, certain real property in the Project Area was exempt from the Agency's power of eminent domain and such properties are described in Exhibit B attached to the Redevelopment Plan; and WHEREAS, on May 8, 2007, Ballot Measure B was approved by the voters of the City of Arcadia, and applicable provisions of Measure B amended Section 2 2231 303 of the Redevelopment Plan to preclude the Agency from acquiring property in the Project Area through the commencement of eminent domain proceedings; 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 City now desires to adopt an eminent domain program describing the Agency's program pertaining to acquisition of real property by eminent domain in the Project Area if and when, if at all, the Agency is even authorized to employ the use of eminent domain pursuant to the Redevelopment Plan, including any limitations on the Agency's exercise of the power of 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 with in 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; 3 2231 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia hereby makes the following findings and determinations: SECTION 2. 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 § 33342.7. SECTION 3. The Eminent Domain Program and policies for exercise of the power of eminent domain in the Redevelopment Plan, as amended, in addition to the respective specific provisions of the Redevelopment Plan regarding exercise of the power of eminent domain, shall be as follows: if the Agency is or becomes authorized to acquire real property by eminent domain in the Project Area pursuant to the provisions of the Redevelopment Plan, the Agency shall strictly adhere to the following laws in assessing just compensation and damages to affected property owners: The Fifth Amendment to the United States Constitution, Article I, section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230.010, 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 4 2231 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 4. Paragraph 5, Section 303 of the Redevelopment Plan is hereby deleted in its entirety and replaced by the following as Paragraphs: "EMINENT DOMAIN PROGRAM 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 Section 1245.210 et seq. If the Agency becomes authorized to acquire real property by eminent domain in the Project Area pursuant to the provisions of the Redevelopment Plan, the Agency shall strictly adhere to the following 5 2231 in assessing just compensation and damages to affected owners: The Fifth Amendment to the United States Constitution, Article I, section 19 of the California Constitution, the Eminent Domain Law (California Code of Civil Procedure Section 1230.010, 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 5. The Mayor shall sign this Ordinance and the City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the continuing responsibility for carrying out the Redevelopment Plan. 6 2231 SECTION 6. 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. SECTION 7. This Ordinance shall be in full force and effect on the thirty- first (31st) day from and after the date of its final passage and shall be affixed to the Redevelopment Plan as an Amendment to such Plan. SECTION 8. If any part of this Ordinance or the Redevelopment Plan, as amended, is held to be invalid for any reason, such decision shall not affect the validity of any remaining portion of this Ordinance or the Redevelopment Plan, as amended, and the City Council hereby declares that it would have passed the remainder of this Ordinance, if such invalid portion had been deleted. SECTION 9. 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 Central Redevelopment Project. SECTION 10. This Ordinance shall be introduced at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall certify to ~ 2231 the adoption of this Ordinance and cause the Ordinance to be posted in at least three (3) public places within the City, and published once in Arcadia Weekly, a newspaper of general circulation in the City. Passed, approved and adopted this 7ch day of August , 2007. Mayor of the ity Arcadia ATTEST: ~lb / L~~ ity Clerk of the City of Arcadia APPROVED AS TO FORM: ~:~~ ~. f~-u~ Stephen P. Deitsch City Attorney 8 2231 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 Ordinance No. 2231 was passed and adopted by the Ciry 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 7th day of August, 2007 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council Member Amundson a.. ~ City Clerk of the City of Arcadia 9 2231