HomeMy Public PortalAboutOrd. 1504A
ORDINANCE NO. 1504
AN ORDINANCE AMENDING ORDINANCE NO. 945 OF THE CITY
OF LYNWOOD AND APPROVING AND ADOPTING AN
AMENDMENT NO. 8 TO THE REDEVELOPMENT PLAN FOR THE
PROJECT AREA "A" REDEVELOPMENT PROJECT TO EXTEND
THE USE OF EMINENT DOMAIN FOR REAL PROPERTY IN THE
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WHEREAS, the City Council of the City of Lynwood (the "City Council") on
July 10, 1973 by Ordinance No. 945 adopted the Redevelopment Plan for Project Area
"A" Redevelopment Project Area (the "Redevelopment Plan"); and
WHEREAS, the City Council on December 27, 1973 by Ordinance No. 960, on
August 19, 1975 by Ordinance No. 990, on June 1, 1976 by Ordinance No. 1000, on
December 7, 1976 by Ordinance No. 1010, on December 16, 1980 by Ordinance No.
1111, on July 19, 1988 by Ordinance 1308 and on December 29, 1994 by Ordinance No.
1406, amended the Redevelopment Plan; and
WHEREAS, the City Council now desires to further amend the Redevelopment
Plan to extend the use of eminent domain for real property within the Project Area "A"
Project Area (the "Project Area"); and
WHEREAS, the Lynwood Redevelopment Agency (the "Agency") has
formulated and prepared an Amendment No. 8 to the Redevelopment Plan ("Amendment
No. 8") which provides for the extension of such use of eminent domain as described in
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and
WHEREAS, in accordance with the California Environmental Quality Act,
Public Resources Code Section 21000 et sea, ("CEQA"), the Guidelines for
Implementation of the California Environmental Quality Act and environmental
procedures adopted by the Agency pursuant thereto, the Agency has prepared and
approved a Negative Declaration for the proposed Amendment No. 8; and
WHEREAS, the Planning Commission has made its report and recommendation
on the proposed Amendment No. 8; and
WHEREAS, the Agency has submitted the proposed Amendment No. 8 to the
City Council, together with the Report to the City Council which includes: the reasons for
amending the Rjedevelopment Plan and a description of specific projects proposed and
how these projects will improve or alleviate blighting conditions found in the Project
Area; a description of physical and economic conditions existing in the Project Area;
provisions relating to a five year implementation plan; and explanation of why the
elimination of blight and redevelopment of the Project Area cannot reasonably be
expected to be accomplished by private enterprise acting alone or by the use of financing
alternatives other than tax increment; the proposed method of financing the
redevelopment of the project Area; a method and plan for the relocation of families and
persons who may be temporarily or permanently displaced from housing facilities as a
result of the proposed Amendment No. 8 ;and analysis of the Preliminary Plan; the
Report and Recommendation of the Planning Commission; a report of the Project Area
Committee; the negative Declaration; provisions relating to the report of the County
Fiscal Officer and the Agency's analysis thereof; a summary of consultations with taxing
agencies; and a Neighborhood Impact Report; and
WHEREAS, the City Council and the Agency held a joint public hearing on
MARCH 20, 2001 to consider the approval and adoption of the proposed Amendment
No. 8 of the Project Area; and
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WHEREAS, notice of said hearing was duly and regularly published in a
newspaper of general circulation in the City of Lynwood as required by law prior to the
date of said hearing, and a copy of said notice and affidavits of publication are on file
with the City Clerk; and
WHEREAS, the City Council has considered the proposed Amendment No. 8,
the Agency's Report to the City Council, other recommendation of the Agency, the
Report and Recommendation of the Planning Commission, the Report of the PAC, and
the Negative Declaration; has provided opportunity for all persons to be heard and has
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aspects of the proposed Amendment No. 8; and has responded in writing to each written
objection of each affected property owner or taxing entity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES ORDAIN AS FOLLOWS:
Section 1. The purposes and intent of the City Council with respect to
Amendment No. 8 is to extend provisions for the use of eminent domain for real property
within the Project Area "A" Redevelopment Project Area, in order to achieve the goals
and objectives for the Project Area as set forth in Section 1 of Ordinance No. 945, as
amended.
Section 2 . The "Amendment No. 8 to the Redevelopment Plan for Project
Area "A" Redevelopment Project," and such other documents as area incorporated
therein by reference, is hereby approved and adopted and is hereby incorporated into this
Ordinance by reference and made a part hereof, and the Redevelopment Plan as amended
by this Amendment No. 8 is hereby designated, approved, and adopted as the official
redevelopment plan for the Project Area "A" Redevelopment Project Area.
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substantial evidence in the record including, but not limited to, the Agency's Report for
this Amendment No. 8, and all documents referenced therein, and evidence and
testimony received at the joint public hearing on adoption of the Amendment No. 8, that:
a. The Project Area and the portion thereof affected by Amendment 8
continues to be blighted, to the extend not redeveloped, the redevelopment of which is
necessary to effectuate the public purposes declared in the California Community
Redevelopment law (Health and Safety Code Section 33000 et sea.);
b. The Redevelopment Plan, as amended, will redevelop the Project
Area in conformity with the California Community Redevelopment Law and in the
interests of the public peace, health, safety and welfare.
c. The adoption and carrying out of the Redevelopment Plan, as
amended, is economically sound and feasible.
d. The Redevelopment Plan, as amended, conforms to the General
Plan of the City, including, but not limited to, the housing Element, 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.
e. The carrying out of the Redevelopment Plan, as amended, will
promote the public peace, health, safety and welfare of the City, and will effectuate the
purposes and policies of the Community Redevelopment Law.
f. The condemnation of real property, as provided for in Amendment
No. 8 is necessary to the execution of the Redevelopment Plan, as amended, and adequate
provisions have been made for the payment for property to be acquired as provided by
law.
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g. The Agency has a feasible method and plan for the relocation of
families and persons who might be displaced, temporarily or permanently, from the
Project Area. Families and persons shall be not displaced prior to the adoption of a
relocation plan pursuant to the Community Redevelopment Law.
The Agency has a comprehensive program for the relocation of
persons, families, businesses or tenants displaced by agency project activities. When
such displacement occurs, the Agency will provide persons, .families, business owners
and tenants displaced by Agency activities with monetary and advisory relocation
AJUiJiAiiie CJiiSiS~eiit wild tiiG.~.a'lllOrnid ICeiOLatitin Assistance Law (government I,OCIe,
Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto,
Relocation Assistance Rules adopted by the Agency and the provisions of the
Redevelopment Plan, as amended.
h. 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 who
might be displaced from the Project Area, decent, safe and sanitary dwellings equal in
number to the number of and available to displaced families and persons and reasonably
accessible to their places of employment. 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 provisions of the Community Redevelopment Law.
i. The elimination of blight and the redevelopment of the Project
Area could not reasonable be expected to be accomplished by private enterprise acting
alone without the aid and assistance of the Agency.
The continued existence of blighting influences, including
deterioration, dilapidation, multiple ownerships, and the lack of adequate public
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economically remove these and the blighting influences requires substantial assistance of
the Agency. The private sector investment in the Project Area will require significant
public sector subsidy. Acting alone, the private sector has not been willing or able to
stem or reverse the conditions of blight. In order to correct these physical and economic
conditions, the Agency needs additional power to acquire property through the use of
eminent domain necessary to complete the eradication of blight within the Project Area.
j. The Project areas is predominantly urbanized area as defined in the
Community Development Law.
k. The City Council is satisfied that permanent housing facilities will
be available within three (3) years from the time occupants of the Project Area are
displaced, and pending the development of the facilities there will be available to
displaced occupants adequate temporary housing facilities at rents comparable to those in
the community at the time of their displacement.
Section 4. All written and oral objections to Amendment No. 8 file;d with an
presented to the City Council and all written responses thereto, have been considered by
the City Council at the time and in the manner required by law, and such written and oral
objections are hereby overruled.
Section 5. In order to implement and facilitate the implementation of the
Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares
its intention to undertake and complete any proceeding necessary to be carried out by the
City of Lynwood under the provisions of the Redevelopment Plan, as amended.
Section 6. Excerpt as provided in this Ordinance, all findings and other
provisions of Ordinance Nos. 945, 960, 990, 1000, 1010, 1111, 1308 and 1406 shall
remain in full force and effect with respect to the Project Area.
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Section 7. If any part of this Ordinance or Amendment No. 8 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 of the Redevelopment Plan, as amended, and this
Council hereby declares that it would have passed the remainder of the Ordinance or
approved the remainder of the Redevelopment Plan, as amended, if such invalid portion
thereof had been deleted.
Section 8. This Ordinance shall become effective thirty (30) days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Lynwood at a
regular meeting thereof held on the 20th day of MARCH , 2001.
PAUL H. RICHARDS, II, Mayor
City of Lynwood
ATTEST:
a~,
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO FORM:
SHAN K. ity Attorney
RA H W. D IS, III City Manager
City of Lynwood
APPROVED AS TO CONTENT:
ary Chico irector
Community Development
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