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HomeMy Public PortalAbout96-1090 ORDINANCE NO. 96-1090 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. 1 OF THE CARSON REDEVELOPMENT AGENCY THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1 . The Carson Redevelopment Agency has recommended the amendment of the Redevelopment Plan, as previously amended for Project Area No. 1 (the "Redevelopment Plan") by the City Council by ordinance to extend the time limit for the commencement of eminent domain proceedings to acquire property within the area added to Project Area No. 1 by Ordinance No. 84-696, adopted on July 16, 1984 (the 111984 Amendment Area") . The Amendment provides that the Agency shall not acquire by eminent domain property in the 1984 Amendment Area on which a person or persons reside, except if, pursuant to Section 9142 of the Carson Municipal Code, such person or persons reside in a caretaker' s or superintendent' s residence which is a minor. use related to and incidental to the principal industrial use on the same site. The Amendment does not apply to, and shall not affect, the provisions of the Redevelopment Plan pertaining to the territory included in the original boundaries of the Project Area. Section 2 . The Amendment entitled, "The 1996 Eminent Domain Amendment to the Redevelopment Plan for the 1984 Amendment Area of Redevelopment Project Area No. One" dated May, 1996 (the "Amendment" ) which is on file in the office of the City Clerk, is hereby incorporated by this reference. Section 3 . As established in the Redevelopment Plan, the purposes and intent of the City Council with respect to the Project Area are to eliminate the conditions of blight existing in the Project Area and to prevent their reoccurrence by under- taking all appropriate redevelopment projects pursuant to the Community Redevelopment Law, California Health and Safety Code Section 33000, et sea. (the "Community Redevelopment Law") , including but not limited to, providing public infrastructure improvements and community facilities, providing for the rehabilitation of commercial structures and residential dwelling units, encouraging employment opportunities, and providing, or improving or preserving low and moderate income housing. Section 4 . Based upon the record of the joint public hearing on the Amendment and the various reports and other information provided to the City Council in accordance with Health and Safety Code Sections 33352 and 33457. 1, the City Council hereby makes the following findings and determinations as warranted by the Amendment : Ordinance No. 96-1090 Page 2 of 5 A. The Redevelopment Plan, as amended by the Amendment, would redevelop the Project Area in conformity with the Community Redevelopment Law, and in the interests of the public peace, health, safety and welfare. The implementation of the Redevelopment Plan, as amended by the Amendment, will eliminate conditions of blight within the Project Area. The decisions by the City Council in connection with the adoption of Ordinance No. 71-205, adopted on December 20, 1971 and Ordinance No. 84-696, adopted on July 16, 1984, are final and conclusive and after those dates it has been, is and shall be conclusively presumed that the Project Area (including the territory included in the original boundaries of the Project Area and the 1984 Amendment Area) is a blighted area. The Redevelopment Plan, as amended by the Amendment, provides for the installation and construction of public improvements. The Redevelopment Plan, as amended by the Amendment, also provides for rehabilitation of public and private structures. These improvements are essential to encouraging private investment and eliminating the conditions of blight in the Project Area and preventing their reoccurrence. B. The carrying out of the Redevelopment Plan, as amended by the Amendment, would promote the public peace, health, safety and welfare of the City of Carson and would effectuate the purposes and policy of the Community Redevelopment Law. The implementation of the Redevelopment Plan, as amended by the Amendment, will eliminate conditions of blight within the Project Area. Redevelopment will correct underutilization of parcels, nonconforming land uses and incompatible land uses. The Redevelopment Plan, as amended by the Amendment, provides for the installation and construction of public improvements. The Redevelopment Plan, as amended by the Amendment, also provides for the rehabilitation of public and private structures. C. Except as provided in this Paragraph C, the condemnation of real property is necessary to the execution of the Redevelopment Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. The completion of the proposed public improvements may involve real property acquisition. No real property will be condemned without the payment of compensation as required by law. Further, adequate moneys will be budgeted by the Agency for the acquisi- tion of real property required by the implementation of the Redevelopment Plan, as amended by the Amendment . Within the 1984 Amendment Area only, the Agency shall not acquire by eminent domain property on which a person or persons reside, except if, pursuant to Section 9142 of the Carson Municipal Code, such person or persons reside in a caretaker' s or superintendent' s residence which is a minor use related to and incidental to the principal industrial use on the same site. 960429 C1371-00001 rdh 1672520 0 - Ordinance No. 96-1090 Page 3 of 5 D. In the event that it will be necessary to relocate any families and persons as the result of the implementation of the Redevelopment Plan, the Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Area if the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. E. In the event that it will be necessary to relocate any families and persons as the result of implementation of the Redevelopment Plan, there are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons, if any, who may be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. F. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411. 1 of the Community Redevelopment Law. To the extent required by the Community Redevelopment Law, 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 Sections 33334 .5, 33413 and 33413 .5 of the Community Redevelopment Law. Section 5 . Based upon the record of the joint public hearing held on the Amendment and the various reports and other information provided to the City Council, the City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Project Area may be displaced and that pending the development of such facilities, there will be available to such occupants who may be displaced adequate temporary housing facilities at rents comparable to those in the City of Carson at the time of their displacement. Section 6 . The Amendment is hereby approved and adopted as and is hereby designated as an official amendment to the Redevelopment Plan. Section 7 . The Redevelopment Plan, as amended by the Amendment, is hereby approved and adopted and is hereby designated and shall constitute the official Redevelopment Plan, As Amended, for Project Area No. 1. Section 8 . Ordinance No. 71-205, as amended by Ordinance No. 74-288, as amended by Ordinance No. 74-289, as . amended by Ordinance No. 81-579, as amended by Ordinance No. 84- -3- 960429 C1371-00001 rdh 1672520 0 Ordinance No. 96-1090 Page 4 of 5 696, as amended by Ordinance No. 86-766, as amended by Ordinance No. 94-1045, is hereby further amended to include all of the provisions hereof and to revise the Redevelopment Plan in accordance with the Amendment . Section 9 . If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irre- spective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional . Section 10 . The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance by the City Council and shall cause it to be published as required by law. PASSED, APPROVED AND ADOPTED this 4th day of June 1996 . Mayor Ac g) ATTEST: City Clerk Approved as to form: ssistant Cit Attorney -4- 960429 C1371-00001 rdh 1672520 0 Ordinance No. 96-1090 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 96-1090 passed first reading on May 21 , 1996, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 4th day of June , 1996, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Olaes, O'Neal, and Fajardo NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Calas ABSENT: COUNCIL MEMBERS: Mayor Mitoma - .1 . Ci y Clerk, City of arson, r alifornia - 5 -