HomeMy Public PortalAbout07-1388ORDINANCE NO. 07-1388
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARSON, DESCIBING THE DOMAIN
PROGRAM FOR THE U SE OF AND RESTATED
FOR THE AMENDED THE MERGED AND
REDEVELOPMENT PLAN FOR
AMENDED PROJECT AREA ECTION 33342.7 TO
HEALTH AND SAFETY C O
WHEREAS, Section 33342.7 of the California Health and Safety Code became
effective on January 1, 2007;
WHEREAS, the City Council of the city of Carson No.adopted otd he
Redevelopment Plan for Project Area No. 2 pursuant to Ordinance
February 19, 1974, thereby creating "Project Area No. 2 ", which plan was subsequently
amended by Ordinance No. 74 -324 on January 20, 1975 � `°as additional
amended:
Thereafter the Redevelopment Plan for Project Area by Ordinance No. 82 -628 on
(a) by Ordinance No. 81 -580 on January 4, 1982; (b) Y Ordinance
December 22, 1982; (c) by Ordinance No. 86 -767 on January 5, 1987; (d) by
No. 94 -1046 on November 15, 1994; 1994; and (e) by Ordinance No. 96 -1095 on July 16,
1995, as amended by Ordinance No. 00 -1212 adopted on December 5, 2000;
WHEREAS, the Redevelopment Plan for Project Area No. 3 was adopted by
Ordinance No. 84 -695 on July 16, 1984, thereby creating "Project Area No. 3".
Thereafter the Redevelopment for Project Area No. 3 was bsu subsequently me ded: (a)
on
Ordinance No. 94 -1047 on November 15, 1994, and (b) by
June 4, 1996;
WHEREAS, the Fifth Amendment to the Redevelopment Plan for Project Area
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No. 2 and the Second Amendment to the Redevelopment 96-1095. Plan
Ad Adoption the Ordi ance
were adopted on July 16, 1996 by Ordinance No. 96 o p
added territory to Project Area Nos. 2 and 3 and merged atA ga the
)
Carson Merged and Amended Project Area ("Merg ed and Amended Project
Thereafter, the Redevelopment Plan for the Merged and Amended Project Area was
subsequently amended: (a) by Ordinance No. 03 -1299 on November b ear 2003 to extend n
the life of the plan and time to collect tax increment re Y year
and (b) by Ordinance No. 06 -1361 on October 9, 2006 eliminating the time limits
for incurrence of indebtedness pursuant to Section 33333.6(e)(2) of the Community
Redevelopment Law of the State of California (tR)alended certain areas to
(herein the plans for Project Area Nos. 2 an as merged and as amended
herein as the "Redevelopment Plan ");
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WHEREAS, the Redevelopment Agency of the city of Carson (the "Agency ") has
been designated as the official Redevelopment Agency in the city of Carson to carry out
the functions and requirements of the Community Redevelopment Law of the State of
California, constituting Health and Safety Code Section 3300 et seq. (the "CRL ") and to
implement the Redevelopment Plan;
WHEREAS, pursuant to Section 33342.7 of the California Health and Safety
Code, the City Council is required to adopt an ordinance on or before July 1, 2007,
describing the Agency's program to acquire real property by eminent domain (the
"Program ") for any redevelopment plan adopted before January 1, 2007;
WHEREAS, the Redevelopment Plan includes a Program for use of eminent
domain to be used when necessary for the execution of the Redevelopment Plan and
adequate provisions have been made for payment of property to be acquired as provided
by law; and
WHEREAS, this ordinance does not change the Program in each of the Plans as it
currently exists and is implemented.
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1. Pursuant to Section 33342.7 of the Health and Safety Code, a
description of the Agency's program to acquire real property by eminent domain is set
forth in Exhibit A, attached hereto and incorporated dmain this reference. The amended only by
Agency's program to acquire real property by
amending the Redevelopment Plan pursuant to Article 12 of the Community
Redevelopment Law (commencing with Health and Safety Code Section 33450).
Section 2. If any part of this ordinance is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this ordinance, and this
City Council hereby declares that it would have passed the remainder of this ordinance if
such invalid portion thereof had been deleted.
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be posted in a manner prescribed by law.
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PASSED, APPROVED, and ADOPTED this 27th_ day of June
Mayor Jim Dear
ATTEST:
City Clerk Helen S. Ka agoe
APPROVED AS TO FORM:
City Attorney
, 2007.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I Helen S. Kawagoe, City Clerk of the City of Carson, California, do ereby certify y that Ordinance the whole
l numbe
ber
of members of the City Council of said City is five; that the foregoing
il of said City
1388 P assed first reading on June 19, 2007, was duly and regularly adopted
200 by the that Counc same was passed
at a special joint meeting of said Council, held on the 27th day of June,
and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Santarina, Williams, and Davis - Holmes
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Gipson
City Clerk, City of Carson, alifornia
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EXHIBIT A
Project Area Mer i ed No. 2 and No. 3 — Eminent Domain Pro ram
The provisions of the Redevelopment Plan authorize ltheouse of t Pro o power of
gift, domain by the Agency to acquire any interest devise, exchange, or any
No. 1, which cannot otherwise be acquired by g prevent the spread of blight and
other lawful method in order to eliminate and d P lans to alleviate the
deterioration within the Project Area. In doing so, the Pro g�. am p
blighting conditions for the following purposes:
1. To encourage cooperation and participation of residents, business
persons, public agencies, and community organizations in the
revitalization of the Project Area;
2 To promote economic well -being of the Project � � babe, and encouraging t
te diversification and development of its
in short- and long -term employment opportunities for the residents of
the Project Area and the city;
3. To develop quality affordable housing;
4. To improve housing and assist low and moderate income persons and
families to obtain home ownership;
5. To provide adequate roadways, traffic and circulation d road hazards; and to
correct street deficiencies, alignment problems,
provide adequate street and freeway access throughout the Project Area;
6. To stimulate private sector investment in the full development of the
Project Area;
To expand the resource of developable land by making underutilized
land available for development;
8. To provide needed or lacking public improvements and facilities which
are sensitive to the environment;
9. To develop safeguards against noise and pollution in order to enhance
the industrial, commercial, and residential community;
10. To upgrade existing commercial and industrial uses in the Project Area;
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11. To assemble and dispose of land into parcels develo suitable
ment for ostan dards,
integrated development with improved p
pedestrian, and vehicular circulation in the Project Area; and
12. Any purpose allowed pursuant to the Community Redevelopment Law
(CRL).
The use of the power of eminent domain is limited
Plan and by the
Redevelopment Law (CRL), by Section 503 of the Redevelopment
in Ordinance
Agency's program to acquire real property by eminent 15 as 2000.0 The applicable
No. 00 -1212, adopted by the City Council on Dec ember
limitations are as follows:
1. The Agency shall not use the power of eminent domain to acquire any
real property on which a person or persons reside, except, pursuant to
Section 9142 of the Carson Municipal Code, excluding when such
person or persons reside in a caretakers or superintendent's residence
which is a minor use related to and incidental to the principal industrial
use on the same site.
2. The Agency shall not use the power of eminent domain to acquire any
real property on which an existing building is to be continued on its
present site and in its present form and without the
ratione
owner, unless: (i) such building requires
improvement, modernization or rehabilitation; or (ii) the site or lot on
which the building is situated requires modification in size, shape, or
use; or (iii) it is necessary to impose upon such property any of the
standards, restrictions, and controls of the Redevelopment Plan and the
owner fails or refuses to participate in the Plan by executing an Owner
Participation Agreement.
3. The Agency shall not commence eminent
5, 2012 within the territory
included acquire any real property after December
included in the original boundaries of Redevelopment nt Plan Project No. 2, as and adopted
described and defined in the Redevelopment
by Ordinance No. 74 -295 of the city, as amended by Amendment No.
One to the Redevelopment Plan, approved and adopted by Ordinance
No. 74 -324 of the city on January 20, 1975 ( "Redevelopment Project
Area No. 2 Original Area ") and per Ordinance No. 00 -1212 of the city
approved and adopted on December 5, 2000.
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4. The Agency shall not commence any eminent domain within the territory
acquire any real property after December ,
added to Redevelopment Project Area No. 2 by the Third Amendment the
to the Redevelopment Plan, as described and de in 82in28 e
Redevelopment Plan approved and adopted by Orof
the city on December 22, 1982 ( "Redevelopment Project Area No. 2
1982 Amendment Area ") and per Ordinance 00 -1212 of the city
approved and adopted on December 5, 2000.
5. The Agency shall not commence any eminent domain proceedings to
acquire any real property after June 4, 2008 within the
No. 3 territory included described
in the original boundaries of Redevelopment Project and adopted by
and defined in the Redevelopment Plan approved and adolted by
Ordinance No. 84 -695 of the city on July
nd per r'Ordinance No. 96 -1091
Project Area No. 3 Original Area "),
approved and adopted on June 4, 1996 by the city.
6. The Agency shall not commence any eminent domain proceedings to
within the territory added
acquire any real property after July 16, 2008 wthe Fifth Amendment to
to the Redevelopment Project Area No. 2 by
the Redevelopment Plan for Redevelopment Project c96 Area
by the No city
adopted by Ordinance No. 96 -1095 on July
( "Redevelopment Project Area No. 2 Fifth Amendment 3 Are
the and the
area added to the Redevelopment Project Area
Amendment to the Redevelopment Plan for and vel16r 1996 by the
Area No. 3 adopted by Ordinance t Area No 96-1095
Second Amendment Area ").
city ("Redevelopment Project