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HomeMy Public PortalAbout00-105 RESOLUTION NO. 00-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON CONSENTING TO A JOINT PUBLIC HEARING WITH THE CARSON REDEVELOPMENT AGENCY ON THE PROPOSED YEAR 2000 EMINENT DOMAIN AMENDMENT TO THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CARSON PROJECT AREA NO. ONE AND FINDING THERE IS NO NEED TO FORM A PROJECT AREA COMMITTEE IN CONNECTION WITH THE AMENDMENT WHEREAS, the City Council of the City of Carson, pursuant to Ordinance No. 71-205 of the City, approved and adopted the Redevelopment Plan ("Plan") for Project Area No. One of the Agency on December 20, 1971 ("Original Area"). Thereafter, the Plan was amended on February 4, 1974 by Ordinance No. 74-288; February 4, 1974 by Ordinance No. 74-289; January 4, 1982 by Ordinance No. 81-579; July 16, 1984 by Ordinance No. 84-696; January 5, 1987 by Ordinance No. 86-766; November 1, 1994 by Ordinance No. 94-1045; on June 4, 1996 by Ordinance No. 96-1090; and on July 16, 1996 by Ordinance No. 96-1094. WHEREAS, the amendment approved and adopted on July 16, 1984 by Ordinance No. 84-696 amended Project Area No. One to add territory (the "1984 Added Area"). WHEREAS, the amendment approved and adopted on July 16, 1996 by Ordinance No. 96-1094 ("1996 Amendment") added a substantial amount of new territory to Project Area No. One (the "1996 Added Territory"). The 1996 Amendment also provided for the adoption of an Amended and Restated Redevelopment Plan for Project Area No. One WHEREAS, the Carson Redevelopment Agency (the "Agency") and the City propose to adopt an amendment to the Amended and Restated Redevelopment Plan for the Carson Project Area No One (the "Amendment"); and WHEREAS, the purposes of the proposed Amendment is to re-establish the Agency's power of eminent domain for the territory originally included in the boundaries of Project No. One Area in 1971 (the"Original Area") for a time period of 12 years from the effective date of the ordinance adopting the proposed Amendment, and; WHEREAS, the Amendment provides that the Agency shall not acquire by eminent domain property in the Carson Project Area No. One Original Area on which persons reside. RESOLUTION NO. 00-105 Page 2 Now therefore, THE CITY COUNCIL OF THE CITY OF CARSON REDEVELOP AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Staff and Consultants of the City of Carson ("City") and the Carson Redevelopment Agency ("Agency") have prepared a proposed amendment to the Amended and Restated Redevelopment Plan for Project Area No. One, which is on file with the City Clerk of the City of Carson (the "Amendment"). Such Amendment re-establishes the Agency's power of eminent domain and establishes a twelve (12) year time limit for the commencement of eminent domain proceedings to acquire property in the Original Area of Project Area No. One. The Amendment provides that the Agency shall not acquire by eminent domain property in the Original Area of Project Area No. One upon which persons reside, except if, pursuant to section 9142 of the Carson Municipal Code such person or persons reside in a caretaker's or superintendents residence which is a minor related use to and incidental to the principal industrial use on the same site. Section 2. In connection with the Amendment, the Staff and Consultants of the City and Agency have prepared a draft Report to the City Council that will be available for public review on August 21, 2000 at 5:00 pm in the Office of the City Clerk. Section 3. The City Council hereby authorizes and consents to holding a joint public hearing with the Agency on the proposed Amendment-on September 19, 2000 at 6:30 pm at the City Council Chambers, or such other date, time, and place as selected by the City Clerk, and the City Clerk is hereby authorized and directed to provide notice thereof as required by law. Section 4. The City Council hereby finds and determines that a project area committee does not exist for the Project. The Community Redevelopment Law provides that if a project area committee does not exist, and a redevelopment agency proposes to amend a redevelopment plan, the agency shall establish a project area committee pursuant to Health and Safety Code Section 33385 if the proposed amendment would grant the authority to the agency to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low-and moderate income persons reside. The City Council hereby finds that there is no need to establish a project area committee in connection with the proposed Amendment because the Amendment provides that the Agency will not acquire by eminent domain property on which persons reside in the Project Area No. One Original Area, except as noted in Section 1. Section 5. The Staff and Consultants of the City and Agency are hereby authorized and directed to prepare any reports and documents necessary or appropriate under Community Redevelopment Law in connection with the proposed Amendment and to make all appropriate or necessary transmittals in connection therewith. Ca.o.JP HCC-PA 1-2000edam RESOLUTION NO. 00-105 Page 3 PASSED, APPROVED AND ADOPTED on this I" day of August, 2000. d AYOR ATTEST: K1 `Z c CITY CLEkK APPROVED AS TO FORM: CITY ATTORNEY 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 is five; that the foregoing resolution, being Resolution No. 00-105 was duly and regularly adopted by said Council at a regular meeting duly and regularly held on the 1st day of August, 2000, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Sweeney, Frank, and Ontal NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, alifornia Czm9 JPHCC-PA 1-2000ed.