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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 '~--