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Home My WebLink About615ORDINANCE NO. 615 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE DESCRIBING THE PROGRAM FOR THE USE OF EMINENT DOMAIN WITHIN CITY INDUSTRIAL DEVELOPMENT PROJECT AREA BY THE IRWINDALE COMMUNITY REDEVELOPMENT AGENCY WHEREAS the City Council of the City of Irwindale, California, ("City Council") adopted Ordinance No. 302 on July 19, 1976, approving and adopting the amended Irwindale Redevelopment Plan for the City Industrial Development Project Area, which Redevelopment Plan was subsequently amended by Ordinance No. 316, adopted on August 26, 1977; by Ordinance No. 336, adopted on February 14, 1980; by Ordinance No. 411, adopted on December 18,1986; by Ordinance No. 492, adopted on December 15, 1994; by Ordinance No. 554, adopted on June 28, 2001; by Ordinance No. 556, adopted on October 10, 2002; and by Ordinance No. 578, adopted on December 16, 2003 (collectively, the "Redevelopment Plan"); and WHEREAS, the Irwindale Community Redevelopment Agency (the "Agency") has been designated as the official redevelopment agency in the City of Irwindale to carry out the functions and requirements of the Community Redevelopment Law of the State of California, constituting Health and Safety Code Section 33000 et seq. ("CRL"), and to implement the Redevelopment Plan; and WHEREAS, Section 33342.7 of the California Health and Safety Code became effective on January 1, 2007; and WHEREAS, pursuant to Section 33342.7 of the California Health and Safety Code effective January 1, 2007, 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; and WHEREAS, the Redevelopment Plan includes a Program whose power is 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 the Redevelopment Plan as it currently exists and is implemented. NOW, THEREFORE, the City Council of the City of Irwindale ordains as follows: SECTION 1. Pursuant to Section 33342.7 of the Health and Safety Code, a description of the Agency's Program is set forth in Exhibit A, attached hereto and incorporated herein by this reference. The Agency's Program may be amended only by amending the Redevelopment Plan pursuant to Article 12 of the CRL (commencing with Health and Safety Code Section 33450). Ordinance No. 615 Page 1 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 Deputy 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. APPROVED, and ADOPTED this 27th day of June 2007. H. Man 1 Ortiz, Mayor AyTTEST: jt 1� L *ia J. Kin ro, CMt Deputy City Clerk STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 615 was duly introduced at a regular meeting of the Irwindale City Council held on the 13th day of June 2007, and adopted at a regular meeting of the Irwindale City Council held on the 27th day of June 2007, by the following vote of the Council: AYES: Councilmembers: Gomez, Miranda, Fuentes, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: Breceda ABSTAIN: Councilmembers: None .Li J. Kimb o, MC D puty City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 614 adopted by the City Council of the q;ty of Irwindale at its regular m ting held June 27, 2007, to be posted at the City Hall, Library, and Post Office on July 2„ 2007. 1-f ;P) r A 1 aimbro, (�M Dated: July 1, 2007 Deputy City Clerk — Ordinance No. 615 Page 2 EXHIBIT A Irwindale Redevelopment City Industrial Development Project Area — Eminent Domain Program On July 19, 1974, the City of Irwindale (the "City") and the Irwindale Community Redevelopment Agency (the "Agency") instituted proceedings for the redevelopment of the land, described in Exhibit A attached hereto and incorporated hereby by this reference (the "Project Area"). Those proceedings were instituted pursuant to the Community Redevelopment Law, Health & Safety Code Sections 33000 et seq. ("CRU), and the Redevelopment Plan for the Project Area (the "Redevelopment Plan") and by the adoption of City Ordinance No. 302 on July 19, 1976, approving and adopting the amended Irwindale Redevelopment Plan for the City Industrial Development Project Area, which Redevelopment Plan was subsequently amended by Ordinance No. 316, adopted on August 26, 1977; by Ordinance No. 336, adopted on February 14, 1980; by Ordinance No. 411, adopted on December 18,1986; by Ordinance No. 492, adopted on December 15, 1994; by Ordinance No. 554, , adopted on June 28, 2001; by Ordinance No. 556, adopted on October 10, 2002; and by Ordinance No. 578, adopted on December 16, 2003. The provisions of the Redevelopment Plan authorize the use of the power of eminent domain by the Agency to acquire any interest in real property in the Project Area, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method in order to eradicate blighting influences within the Project Area and to redevelop land to uses consistent with the environmental, economic, and social goals of the community. The Agency proposes to eliminate and prevent the continued spread of physical and economic blight in the Project Area by: 1. Encouraging owner participation agreements between the Agency and major landowners within the Project Area to facilitate development of completed sites in particular, to more beneficial and economic land uses; 2. Acquisition of real property as may be necessary to achieve the objectives of the Redevelopment Plan; 3. Demolition or removal of buildings and improvements as may be necessary to achieve the objectives of the Redevelopment Plan; 4. Installation, construction or reconstruction of streets, utilities, and other public improvements; 5. Disposition of any property acquired for uses in accordance with the Redevelopment Plan; 6. Redevelopment of land by private enterprise and/or public agencies for uses in accordance with the Redevelopment Plan. 7. To act in accordance with any purpose allowed pursuant to the CRL. Ordinance No. 615 Page 3 The use of the power of eminent domain is limited by the CRL, by Sections 303, 305 and 309 of the Redevelopment Plan and by the Agency's program to acquire real property by eminent domain as set forth in Ordinance No 554, adopted by the City Council on June 28, 2001. The applicable limitations are as follows: 1. The Agency shall comply with all applicable laws in acquiring real property by eminent domain. 2. The Agency shall not have the power of eminent domain with respect to any parcel that is improved with structures currently and actually occupied with residential uses nor residentially zoned properties. 3. The Agency shall not commence any eminent domain proceedings to acquire any real property after June 28, 2013. This limitation shall not apply to any proceeding filed by the City for a public purpose. 4. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. 5. The Agency shall not acquire any real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (i) such building requires structural alteration, 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 Redevelopment Plan by executing a participation agreement. 6. The Agency, by law, is not necessarily authorized to acquire property devoted to a public use without the consent of the applicable public body. The Agency, however, will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. Any public body, which owns or leases property in the Project Area, will be afforded all the privileges or owner participation if such public body is willing to enter into a participation agreement with the Agency. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements (within or outside of the Project Area) which land, buildings, facilities structures or other improvements are of benefit to the Project. 7. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. 8. The Agency is authorized to acquire any other interest in real property less than a fee interest. Ordinance No. 615 Page 4