HomeMy WebLinkAbout674 - OrdinancesORDINANCE NO. 674
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING AND ADOPTING
AMENDMENT NO, 3 TO THE REDEVELOPMENT PLAN FOR
THE RANCHO REDEVELOPMENT PROJECT AREA
WHEREAS, the City Council of the City of Rancho Cucamonga (the "City
Council") has adopted, by Ordinance No. 166 on December 23, 1981, the Redevelopment Plan
(the "Plan") for the Rancho Redevelopment Project Area (the "Project"); and
WHEREAS, the City Council has adopted, by Ordinance No. 316A on August 6,
1987, an amendment to the Plan which increased the financial limitations and included
additional public improvements to be undertaken by the Rancho Cucamonga Redevelopment
Agency (the "Agency"); and
WHEREAS, the City Council has adopted, by Ordinance No. 657 on June 20,
2001, an amendment to extend the time limit for establishing loans, advances and indebtedness
by ten years and to include in the Plan five additional public improvement projects to be carried
out by the Agency, and
WHEREAS, the findings and determinations made by the City Council in the prior
ordinances are final and conclusive, no action having been timely brought to question the
validity of the Plan or amendments thereto or the findings or determinations of the City Council
in adopting the Plan or amendments thereto; and
WHEREAS, the City Council has received from the Agency the proposed
Amendment No. 3 ("Amendment No. 3") to the Plan, a copy of which is on file at the office of the
City Clerk, together with the Agency's Report to City Council including the reasons for
Amendment No. 3; and
WHEREAS, the proposed Amendment No. 3 would re-establish eminent domain
authority in a portion of the Project for twelve years, but would not add any new territory to the
Project, modify any other time or fiscal limits applicable to the Project or make any other
changes to the Plan; and
WHEREAS, a Project Area Committee was not required to be formed in
connection with Amendment No. 3 because Amendment No. 3 does not grant authority to the
Agency to acquire residential property by eminent domain, and because Amendment No. 3
does not grant the Agency authority to fund or develop any additional public projects that will
displace a substantial number of Iow-income persons or moderate-income persons; and
WHEREAS, Amendment No. 3 would have no impact on the General Plan for the
City of Rancho Cucamonga because it only re-establishes the Agency's power of eminent
domain within the Project and the land use plan for redevelopment; and
WHEREAS, the City Council and the Agency held a joint public hearing on
December 5, 2001, on the adoption of Amendment No. 3 in the Rancho Cucamonga City
Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California; and
Ordinance No. 674
Page 2 of 6
WHEREAS, notice of said joint public hearing was duly and regularly
published in a newspaper of general circulation in the City of Rancho Cucamonga, once a
week for four successive weeks prior to the date of such joint public hearing, and a copy of
said notices and affidavits of publication are on file with the City Clerk and 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 the County of San Bernardino for each parcel of land in the Project Area, and to each
resident and business within the Project Area that could be identified through business license
and commercial resources not less than thirty days prior to the date of such joint public hearing;
and
WHEREAS, such notice contained a statement that property located south of
Foothill Boulevard between the 1-15 Freeway and Etiwanda Avenue within the Project would be
subject to acquisition by purchase or condemnation under the provisions of Amendment No. 3;
and
WHEREAS, copies of the notice of joint public hearing were mailed by cedified
mail with return receipt requested to the governing body of each taxing agency which receives
taxes from the property in the Project Area; and
WHEREAS, the Agency and the City have each independently found and
determined, based upon the Initial Study prepared with respect to Amendment No. 3 that
Amendment No. 3 will not have a significant adverse impact on the environment and that no
mitigation measures are needed, and on that basis a Negative Declaration under the California
Environmental Quality Act has been prepared with respect to Amendment No. 3; and
WHEREAS, the City Council has considered the report of the Agency,
Amendment No. 3, and the Negative Declaration, 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 Amendment No. 3 and has made written findings in response to each
written objection of an affected property owner and taxing entity filed with the City Clerk before
the hour set for such joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council hereby finds and determines, based on the
evidence in the record, including, but not limited to, the Agency's
Repod to the City Council on the proposed Amendment No. 3,
and all documents referenced therein, and evidence and
testimony received at the joint public hearing on adoption of
Amendment No. 3 held on December 5, 2001, that:
a) Amendment No. 3 conforms to the General Plan of the
City of Rancho Cucamonga, including, but not limited
to, the housing element of the General Plan.
Ordinance No. 674
Page 3 of 6
SECTION 2:
b) The implementation of Amendment No. 3 will promote
the public peace, health, safety and welfare of the City
of Rancho Cucamonga and will effectuate the
purposes and polices of the Community
Redevelopment Law. This finding is based on the fact
that the continued authority for the acquisition of
property through eminent domain will benefit the
Project by allowing the Agency to correct conditions of
blight and to coordinate public and private actions to
stimulate development and improve the economic and
physical conditions of the Project.
c) The condemnation of real property, as provided for in
Amendment No. 3, is necessary to the execution of the
Plan, and adequate provisions have been made for the
payment for property to be acquired as provided by
law. This finding is based upon the need to ensure that
the provisions of the Plan will be carried out to prevent
the recurrence of blight, and the fact that no property
will be acquired until adequate funds are available to
pay full compensation therefore.
d) Although Amendment No. 3 does not provide for the
condemnation of residential property, the Agency has a
feasible method and plan for the relocation of families
and persons who might be displaced, temporarily or
permanently from housing facilities in the Project Area.
The Agency also has a feasible method and plan for its
relocation of businesses. This finding is based upon
the fact that the Agency has adopted a plan for
relocation of families, persons and businesses by
Agency projects, and upon the fact that the Plan
provides for relocation assistance according to law,
and the fact that such assistance, including relocation
payments, constitutes a feasible method for relocation.
e) Families and persons shall not be displaced prior to
adoption of a relocation plan pursuant to Sections
33411 and 33411.1 of the Health and Safety Code.
Dwelling Units housing persons and families of Iow or
moderate income shall not be removed or destroyed
prior to adoption of a replacement housing plan
pursuant 1o Sections 33334.5, 33413 and 33413.5 of
the Health and Safety Code.
Written objections to Amendment No. 3 filed with the City Clerk
before the hour set for hearing and all written and oral objections
presented to the City Council at the hearing having been
considered and, in the case of written objections received from
Project Area property owners, residents and businesses and
affected taxing agencies, having been responded to, are hereby
overruled.
Ordinance No. 674
Page 4 of 6
SECTION 3:
The Negative Declaration for Amendment No. 3, a copy of which
is on file in the office of the Agency and in the office of the City
Clerk, having been duly reviewed and considered, is hereby
approved and incorporated into this Ordinance by reference and
made a part hereof. The Agency shall undertake such additional
environmental review or assessment as necessary at the time of
the proposed implementation of activities implementing the Plan.
The City Clerk shall file a Notice of Determination in accordance
with the requirements of the California Environmental Quality Act.
SECTION 4:
That certain "Amendment No. 3 to the Redevelopment Plan for the
Rancho Redevelopment Project Area," a copy of which is on file in
the office of the Agency and the office of the City Clerk, having
been duly reviewed and considered, is hereby approved and
adopted. The Redevelopment Plan which was adopted by
Ordinance No. 166 on December 23, 1981, was amended by the
adoption of Ordinance No. 316A on August 6, 1987, by the
adoption of Ordinance No. 657 on June 20, 2001, and is further
amended by Amendment No. 3, is hereby designated, approved
and adopted as the official redevelopment Plan for the Project (the
"Amended Plan").
SECTION 5:
In order to implement and facilitate the effectuation of the
Amended Plan hereby approved, this City Council hereby: (a)
pledges its cooperation in helping to carry out the Amended 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
redevelopment of the Project Area, (c) stands ready to consider
and take appropriate action upon proposals and measures
designed to effectuate the Amended Plan, and (d) declares its
intention to undertake and complete any proceeding, including the
expenditure of moneys, necessary to be carried out by the City
under the provision of the Amended Plan.
SECTION 6:
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 Amended Plan.
SECTION 7:
The City Clerk is hereby directed to record Amendment No. 3 in
the Official Records of San Bernardino County as promptly as
practicable.
Ordinance No. 674
Page 5 of 6
SECTION 8:
The City Clerk is hereby authorized and directed to certify to the
passage of this Ordinance and to cause the same to be published
in a newspaper of general circulation, which is published and
circulated in the City of Rancho Cucamonga.
SECTION 9:
If any part of this Ordinance or Amendment No. 3 which it
approves is held to be invalid for any reason, such decision shall
not effect the validity of the remaining portion of this Ordinance or
of Amendment No. 3, and this City Council hereby declares that it
would have passed the remainder of the Ordinance or approved
the remainder of Amendment No. 3 if such invalid portion thereof
had been deleted.
SECTION 10: This Ordinance shall be in full force and effect thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED this 16th day of January 2002.
AYES:
NOES:
ABSENT:
ABSTAINED:
Alexander, Curatalo, Williams
None
None
Biane, Dutton
W~ 'Alexan't~e~, Mayo/ ?
Ordinance No. 674
Page 6 of 6
ATTEST:
b&bTa J. Adams~MC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 2nd day of January 2002, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16th day of January 2002.
Executed this 17~h day of January 2002, at Rancho Cucamonga, California.
Debra J. Adams, cMG~, City '~--