HomeMy Public PortalAbout02-1254 i
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ORDINANCE NO. 02-1254
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA,
APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 4
jWHEREAS, the City Council of the City of Carson (the "City Council") authorized the
Carson Redevelopment Agency (the "Agency") to commence studies to adopt a Redevelopment
Plan for Project Area No. 4 (the"Project Area"); and
WHEREAS, the City Council has received from the Agency, the proposed
Redevelopment Plan for Project Area No. 4 (the "Redevelopment Plan") as approved by the
Agency, a copy of which is on file with the City Clerk at the Office of the City Clerk, 701 E.
Carson Street, Carson, CA 90745, together with the Agency's Report to City Council prepared
pursuant to Section 33352 of the California Community Redevelopment Law, including the
reasons for the selection of the Project Area, and a discussion of certain other matters as set forth
in Section 33352 of the California Community Redevelopment Law (Health and Safety Code
Section 33000 et seq.; the "CRL") including an analysis of the physical and economic conditions
existing in the Project Area, the proposed method of financing the redevelopment of the Project
Area, a plan for the relocation of business owners and tenants who may be temporarily or
permanently displaced under the Redevelopment Plan, an analysis of the Preliminary Plan, the
report and recommendations of the Carson Planning Commission (the "Planning Commission"),
the minutes of consultations with affected taxing agencies, the Final Environmental Impact
Report on the Redevelopment Plan prepared and submitted pursuant to Public Resources Code
Section 21151 and CRL Section 33352 (the "EIR"), and an implementation plan; and
WHEREAS, the Planning Commission has submitted to the City Council its report and
recommendation for approval of the Redevelopment Plan and its certification that the
Redevelopment Plan conforms to the Carson General Plan(the"General Plan"); and
WHEREAS, the Agency adopted a method for the relocation of persons and businesses
who may be displaced as a result of carrying out redevelopment activities in accordance with the
Redevelopment Plan on June 4, 2002,by Resolution No. 02-27; and
WHEREAS, the City Council and the Agency held a joint public hearing on June 18,
2002, concerning the adoption of the Redevelopment Plan and the EIR; and
WHEREAS, notice of the hearing was duly and regularly published in a newspaper of
general circulation in the City 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 Carson and Secretary of
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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 Project Area, to each resident, and to each business
as practicable; and
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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 Project Area; and
WHEREAS, the joint public hearing on the Redevelopment Plan was continued to July
2, 2002, for the sole purpose of considering the exclusion of certain property shown on the
Deletion Area Map, on file in the office of the City Clerk; and
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WHEREAS, the Planning Commission, pursuant to its PC Resolution No. 02-1904
adopted on June 25, 2002, found and determined that following the exclusion of such property
the Redevelopment Plan is in conformity with the General Plan of the City of Carson and
recommended that the City Council change the boundaries of the Project Area to exclude such
property; and
WHEREAS, the Agency, pursuant to its Resolution No. 02-37, adopted on July 2, 2002,
approved its Supplemental Report to the Report to City Council for Project Area No. 4 in
connection with the proposed exclusion of such property from the Project Area and the
Executive Director of the Agency transmitted such Supplemental Report to the City Council
(such Supplemental Report, together with the Report to City Council, is referred to herein as the
"Report to City Council"); and
WHEREAS, the Agency, pursuant to its Resolution No. 02-38, adopted on July 2, 2002,
recommended that the City Council change the boundaries of the Project Area to exclude such
property and approved the Preliminary Plan, as modified to reflect the exclusion of such
property and the City Council, pursuant to its Resolution No. 02-90, adopted on July 2, 2002,
approved the exclusion of such property from the Project Area; and
WHEREAS, the City Council has knowledge of the conditions in the Project Area and of
the availability of suitable housing for the relocation of families and persons who may be
displaced by redevelopment activities, and in light of such knowledge of local housing
conditions, has carefully considered and reviewed such program for relocation; and
WHEREAS, the City Council has considered the report and recommendations of the
Planning Commission, the Report to City Council, the report and recommendations of the
Project Area Committee, the Redevelopment Plan and its economic feasibility, the feasibility of
the relocation program and the EIR, 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 Redevelopment Plan and the EIR; and
• WHEREAS, the Agency and the City Council have reviewed and considered the EIR,
f and certified the completion of said EIR on July 2, 2002, by City Council Resolution No. 02-092
and Agency Resolution No. 02-39.
THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
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Section 1:
The overall objective of 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.
In eliminating blighting conditions, the Redevelopment Plan is intended to achieve the
following goals:
1. The elimination and prevention of the spread of blight and deterioration and the
conservation, rehabilitation and redevelopment of the Project Area in accord with the
General Plan, specific plans,the Redevelopment Plan and local codes and ordinances.
2. The achievement of an environment reflecting a high level of concern for
architectural, open space, landscape,urban design, and land use principles appropriate
for attainment of the objectives of the Redevelopment Plan.
3. The control of unplanned growth by guiding revitalization activities and new .
development in such fashion as to meet the needs of the Project Area, the City of
Carson and its citizens.
4. The reduction of the City's annual costs of the provision of local services to and
within the Project Area.
5. The retention and enhancement of the Project Area's residential neighborhoods,
through improved and modernized infrastructure, residential rehabilitation programs,
landscaping and other street improvements, code enforcement and other appropriate
programs.
6. The provision for increased sales, business license, hotel occupancy and other fees,
taxes and revenues to the City of Carson.
7. The promotion of new and continuing private sector investment within the Project
Area to prevent the loss of and to facilitate the recapture of commercial sales activity.
8. The retention of as many existing businesses as possible by means of redevelopment
and rehabilitation activities and by encouraging and assisting the cooperation and
participation of owners, business and public agencies in the revitalization of the
Project Area.
9. The creation and development of local job opportunities and the preservation of the
area's existing employment base.
10. The development of the City of Carson as a transportation hub with linkages to
existing and/or proposed systems of regional and subregional significance.
11. The establishment of modern, convenient commercial centers to serve the needs of
the City of Carson.
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12. The elimination or amelioration of certain environmental deficiencies, including
substandard vehicular circulation systems; inadequate water, sewer and storm
drainage systems; insufficient off-street parking; and other similar public
improvements, facilities and utilities deficiencies adversely affecting the Project
Area.
In implementing the above goals, the Agency expects to institute the following programs
or activities:
Encourage development according to the General Plan, any j
applicable specific plans, and the City zoning ordinance.
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Encourage investment in the Project Area by the private sector.
Promote the development of new and diverse employment
opportunities.
Enhance and expand shopping facilities in the Project Area by
encouraging the development of new commercial uses and
rehabilitation of existing commercial uses in conformance with
the General Plan, and the City zoning ordinance.
Promote the improvement and centralization of industrial areas
to make the provision of public services more efficient.
Promote the expansion of the Project Area's industrial and i
commercial bases and local employment opportunities to
provide jobs to unemployed and underemployed workers in the I
City.
Consolidate parcels as needed to induce new or expanded,
centralized, commercial development in the Project Area.
Assist economically depressed areas and reverse stagnant or
declining assessed valuation trends.
Protect the health and general welfare of the Project Area's
many low- and moderate-income residents by utilizing 20% of
the tax increment revenues from the Project Area to increase,
improve and preserve the supply of low- and moderate-income
housing both inside and outside the Project Area.
Upgrade the physical appearance of the Project Area.
Rehabilitate deteriorated residential, commercial and industrial
structures to eliminate safety deficiencies and to extend the
useful lives of these structures.
Remove economic impediments to land assembly and in-fill
development in areas that are not properly subdivided for
development or redevelopment.
Eliminate incompatible and non-conforming land uses from the
Project Area.
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Buffer residential neighborhoods from the intrusion of
incompatible land uses and noise.
Mitigate potential relocation impacts resulting from changes in j
Project Area land use from non-conforming and dilapidated
uses to development in conformance with the General Plan and
the City zoning ordinance.
I Provide replacement housing as required by laws when
dwellings housing low- or moderate-income persons or
f families are lost from the low- or moderate-income housing
market as a result of Agency activities.
Provide relocation assistance to displacees in order to mitigate
possible hardships due to relocation activities.
Provide a broad range of public service infrastructure
improvements to induce private investment in the Project Area.
Such improvements could include the construction or
reconstruction of roads, streets, curbs and gutters, sidewalks;
the upgrading of streetside landscaping; the construction and
reconstruction of water storage and distribution facilities; the
construction and reconstruction of sewerage systems; and the
development of drainage and flood control facilities.
Provide new or improved community facilities such as fire
stations, schools, park and recreational facilities, and the
expansion of public health and social service facilities, where
appropriate to enhance the public health, safety and welfare. s
Encourage the cooperation and participation of Project Area
property owners, public agencies and community organizations
in the elimination of blighting conditions and the promotion of
new or improved development in all portions of the Project
Area.
Provide a procedural and financial mechanism by which the
Agency can assist, complement and coordinate public and
private development, redevelopment, revitalization and
enhancement of the community.
Protect residential property from significant impacts due to
potential new development along the Project Area's arterial
corridors, including but not limited to, Avalon Boulevard,
Carson Street and Main Street.
Section 2•
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Based upon the record of the joint public hearing and the various reports and other
information provided to the City Council,the City Council hereby finds and determines that:
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(a) The Project Area is a blighted area pursuant to Section 33030 of the CRL, which
constitutes physical and economic liabilities, the redevelopment of which is
necessary to effectuate the public purposes declared in the CRL. These findings are
based in part on the research and facts contained in the Report to the City Council.
Conditions in the Project Area that demonstrate physical and economic blight
include, but are not limited to,the following described conditions:
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E The Project Area contains elements of deterioration and obsolescence,as well as a
history of landfills, hazardous waste sites, and small parcel sizes, all of which
contribute to the overall decline of the community.
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Serious code violations in the Project Area have had a significant impact on
assessed values. Residences in the Sub-Areas with the highest occurrences of code
violations are almost 15% lower in assessed value than similar properties in the rest 4.
of the City.
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The results of a field survey show that 34% of buildings in the Project Area are in
some degree of disrepair, which has a significant impact on property values.
Nearly 30% of the commercially designated parcels are under 0.25 acre, which is
not large enough to accommodate the uses most needed in the Project Area, such as f
supermarkets, sit-down restaurants, and theaters.
Irregularly shaped parcels make up 25% of all privately owned land in the Project
Area.
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The Project Area is characterized by a combination of conditions that are so
prevalent and so substantial that it causes a reduction of, and lack of, proper
utilization of the Project Area to such an extent that it constitutes a serious physical
and economic burden on the community which cannot be reasonably expected to be
reversed or alleviated by private enterprise or governmental action, or both, without
redevelopment.
(b) The Project Area is a predominately urbanized area, as defined by subdivision (b)
of Section 33320.1 of the CRL. Of the 1034.05 acres in the Project Area, 207.63
(approximately 20%) acres are public streets and 696.98 (approximately 67%) are
developed for urban uses. All of the remaining land (129.44 acres or approximately
12.5%) is undeveloped, but is an integral part of one or more areas developed for °
urban uses,which are surrounded or substantially surrounded by parcels which have
been or are developed for urban uses. In total, 100% of the Project Area meets the
4 criteria for "predominately urbanized" as defined by Subdivision (b) of Section
33320.1 of the CRL.
(c) The Redevelopment Plan will assist in Agency efforts to redevelop the Project Area
in conformity with the CRL and in the interests of the public health, safety and
welfare. This finding is based in part upon the fact that redevelopment of the
Project Area will implement the objectives of the CRL b aiding in the elimination
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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 I
land.
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(d) The adoption and carrying out of the Redevelopment Plan is economically sound
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and feasible. This finding is based in part on the fact that under the Redevelopment
Plan no public redevelopment activity will be undertaken unless the Agency can
f demonstrate that it has adequate revenue to finance the activity; the Report to City
Council further discusses and demonstrates the economic soundness and feasibility
of the Redevelopment Plan and undertakings pursuant thereto. Under the
Redevelopment Plan, the Agency will be authorized to seek and utilize a variety of
financing resources, including property tax increment revenues.
(e) The Redevelopment Plan is consistent with the Carson General Plan, including, but
not limited to, the Housing Element thereof, which substantially complies with the
requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of
Division 1 of Title 7 of the Government Code. This finding is based in part on the
findings of the Carson Planning Commission that the Redevelopment Plan is
consistent with the Carson General Plan.
(f) The carrying out of the Redevelopment Plan will promote the public peace, health,
safety and welfare of the City of Carson and will effectuate the purposes and
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policies of the CRL. This finding is based in part on the fact that redevelopment
will benefit the Project Area and the community by correcting conditions of blight j
and by coordinating public and private actions to stimulate development, contribute r
toward needed public improvements and improve the economic, and physical
conditions of the Project Area and the community.
(g) The Agency has a feasible method for the relocation of families and persons
displaced from the Project Area. The City Council and the Agency recognize that
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the provisions of Sections 7260 to 7276 of the California Government Code would j
be applicable to any relocation that would occur due to the implementation by the
Agency of 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) Except as provided in this Paragraph h,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. As set forth
in the Redevelopment Plan, the power of eminent domain with regard to the Project
Area, is restricted as follows:
1. No eminent domain proceeding to acquire real property within the Project
Area shall be commenced after twelve (12) years following the date of
adoption of this ordinance. Such time limitation may be extended only by
amendment of the Redevelopment Plan.
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2. No eminent domain proceeding to acquire real property within the Project
Area shall be commenced against any residentially zoned property or any
property on which a person or persons reside, except if pursuant to 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. This prohibition shall not apply
to any mobile home park or trailer park if less than ten percent(10%) of the
spaces in such mobile home park or trailer park are occupied.
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3. Subject to paragraph(2), above,the maximum aggregate amount of
commercially or industrially zoned property that the Agency may acquire by
eminent domain, as evidenced by one or more final judicial orders of
condemnation, shall not exceed fifty(50) acres.
(i) 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 displaced from
the Project 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 Sections 33411 and 33411.1 of the CRL.
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 CRL. This finding is based in part
upon the resolution method adopted by the Agency and the Housing Element of the
General Plan.
(j) The elimination of blight and the redevelopment of the Project Area could 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 Project Area, including, without limitation,
the demonstrated lack of private sector interest in redeveloping properties in the
Project Area, structural deficiencies and other indications of blight more fully
enumerated in the 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.
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(k) The Redevelopment Plan contains adequate safeguards so that the work of
{ redevelopment will be carried out pursuant 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 Redevelopment Plan, which the City Council
deems necessary to effectuate the purposes of the CRL.
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(1) The time limitations and financial limitations established for the Project Area are
reasonably related to the projects proposed in the Redevelopment Plan and to the
ability of the Agency to eliminate blight within the Project Area.
(m) All non-contiguous areas of the Project 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 CRL Section 33670
without other substantial justification for their inclusion. Said justification and
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documentation of blighting conditions is contained in the Report to City Council.
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(n) Inclusion of any lands, buildings, or improvements which are not detrimental to the
public health, safety, or welfare is necessary for the effective redevelopment of the
area of which they are a part; any such area included is necessary for effective
redevelopment and is not included for the purpose of obtaining the allocation of tax j
increment revenues from such area pursuant to Section 33670 of the CRL without
other substantial justification for its inclusion. Said justification and documentation
regarding blighting conditions and the necessity of the inclusion of properties for
the effective redevelopment of the area of which they are a part is contained in the
Report to 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 Project Area, if any, are displaced, and that
pending the development of such permanent facilities, there will be available to any such
displaced occupants adequate temporary housing facilities at rents comparable to those in the
City at the time of their displacement.
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Section 4•
The City Council has considered written objections to the Redevelopment Plan and all
evidence and testimony for and against the adoption of the Redevelopment Plan. All objections
have been overruled.
Section 5:
That certain document entitled "Redevelopment Plan for Project Area No. 4",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 of the City of Carson, having been duly reviewed
and considered, is hereby incorporated in this Ordinance by reference and made a part hereof.
i Subject to mitigation measures set forth in the certified EIR and adopted Mitigation Monitoring
Program,the Redevelopment Plan is hereby designated, approved and adopted as the official
"Redevelopment Plan for Project Area No. 4".
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Section 6•
In order to implement and facilitate the effectuation of the Redevelopment Plan as hereby
approved, the City Council hereby (a) pledges its cooperation in helping to carry out the
Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the
City having administrative responsibilities in the Project Area likewise to cooperate to such end
! and to exercise their respective functions and powers in a manner consistent with the I
redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon
proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its
intention to undertake and complete any proceeding necessary to be carried out by the City under
the provisions of 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
Redevelopment Plan.
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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 Project Area and a statement that proceedings for the
redevelopment of the Project Area have been instituted under the CRL.
Section 9• s
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 Project 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 Project Area and to the State Board of Equalization.
Section 10:
The Carson 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 Project
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:
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This Ordinance shall be in full force and effect thirty (30) days from and after the date of
final passage.
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Section 12•
If any part of this Ordinance or 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 Redevelopment Plan and the City Council hereby declares it would have
passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if
t` such invalid portion thereof had been deleted.
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Section 13:
This Ordinance shall be published and/or be posted as required by law. I
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PASSED, APPROVED, ANXarylSweeney,by the City Council of the City of Carson is
this 16th day of July, 2002. Mayor
ty oarson
ATTEST:
1, ro ; 0-2
Helen S. Kawagoe, City Cler
City of Carson
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APPROVED AS TO FORM:
—' City Attorney j
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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 four; that the foregoing ordinance, being Ordinance
No. 02-1254, passed first reading on July 2, 2002 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 16th day of July, 2002, and that the
same was passed and adopted by the following roll call vote:
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AYES: COUNCIL MEMBERS: Mayor Sweeney, Frank, and Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Calas
ABSENT: COUNCIL MEMBERS: None
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City Clerk, City of Carson, Cal omia
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