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HomeMy WebLinkAbout695ORDINANCE NO. 695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, COUNTY OF LOS ANGELES, CALIFORNIA, ADDING SECTION 3.44.160 "DISPOSITION OF SURPLUS REAL PROPERTY - ECONOMIC DEVELOPMENT" TO THE IRWINDALE MUNICIPAL CODE A. RECITALS (i) The City is authorized by Article XI, Section 5 and Section 7 of the State Constitution to exercise the police power of the State by adopting regulations to promote public health, public safety, and general prosperity. (ii) The Irwindale Community Redevelopment Agency (ICRA) was created in 1973. ICRA was formed to address adverse issues impacting the community including (1) a legacy of environmental blight created from the poorly regulated mining and reclamation operations and contamination from Aerojet which caused the creation of a contaminated superfund site; (2) a lack of basic infrastructure, including inadequate water and street improvements; (3) other development constraints, including geologic issues; and (4) the pressure of providing modern municipal services in a low property tax city also facing declining mining production revenues. ICRA has aggressively addressed such issues over its 42 year history, resulting in the development of major industrial parks, commercial improvements, housing, and public infrastructure. (iii) On February 1, 2012, AB 1X26 dissolved all redevelopment agencies statewide. This action by the State did not magically eliminate the need for community revitalization, brownfield redevelopment, environmental remediation, infrastructure improvements, job creation and providing revenues for basic municipal services in Irwindale. The challenge the City now faces is what programs and policies should be in place to continue to move Irwindale forward and to implement the worthwhile goals of the former Redevelopment Plans and the City's General Plan. (iv) Since the City's inception in 1957, the City has been predominantly dedicated to mining activities and related industrial activities. The City is in a transition period, moving towards becoming a modern suburban, cosmopolitan community. (v) The mining industry kept the City an undeveloped pocket as post WWII suburbanization swept through the Los Angeles Basin. By the 1970's, the City required an economic development strategy to address the needs of a growing city looking for more amenities (parks) and services but facing major constraints such as the contaminated and undeveloped pits that resulted from unregulated mining and contaminated water and land that is the subject of a U.S. EPA Superfund clean-up, because of the former Aerojet facility. These significant issues still exist and any economic development program in the future will need to confront costs of complying with the many environmental programs and laws, including but not limited to, the California Environmental Quality Act (CEQA), the Comprehensive Environmental Ordinance No. 695 Page 1 Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). (vi) While ICRA invested in the attraction and retention of many businesses throughout its tenure and in the improvement of many key streets and corridors within the City, much more is needed to address the effects of mining. As the City continues its transition from a mining-oriented community to a manufacturing and high-tech-based, modern suburban city, the work of remediating and reclaiming formerly mined sites will need to continue into the future in order for this revitalization to proceed in an orderly fashion. (vii) The City Council finds that the accomplishment of transforming the blighted former mining sites and other unproductive areas into the vibrant and beautiful community which exists today may be one of California's greatest redevelopment successes, but the job is only partly done and the City must create a new program to further address the effects of mining and complete the great work started decades earlier. (viii) As a Charter City, the City has the power to make and enforce all ordinances and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in the Charter, and in the Constitution of the State of California; (ix) The Irwindale Charter, at Section 607(j) provides that "The City Council may provide for a system for the sale, disposal or exchange of real and/or personal property which is surplus to the needs of the City; (vii) Pursuant to Section 607(j), the City Council further wishes to adopt a system for the sale of surplus real property pursuant to the provisions of this Ordinance. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Irwindale hereby does ordain as follows: SECTION 1. Section 3.44.160 "Disposition of Surplus Real Property - Economic Development" is hereby added to the Irwindale Municipal Code to read as follows: "3.55.160 Disposition of Surplus Real Property - Economic Development A. Purpose. The City of Irwindale shall undertake economic development activities, including but not limited to those enumerated in this section and otherwise authorized by law, for the purpose of promoting the general health and welfare of the inhabitants of the City, job creation, improving market rate and affordable housing options, improving retail and commercial options, improving dining, entertainment and recreation options, and improving the City's tax base, thereby furthering the City's ability to Ordinance No. 695 Page 2 enhance and provide municipal services to its residents. The City's objective is to overcome the effects caused by a legacy of mining and move the City toward a manufacturing and high-tech based, modern suburban city. The City further wishes to provide for a system for the disposition of real property pursuant to the authority provided under Irwindale Charter section 607(j) that is alternative to the procedures provided under State law. B. Authorized Activities. The City Council, or the City Manager or his designee, if directed to by the City Council, is authorized to perform the following activities: 1. Purchase, lease, obtain options upon, acquire by the following methods: gift, grant, bequest, devise, or otherwise, any real or personal property, any interest in property, and any improvements on it, including repurchase of property previously owned by the City or the Irwindale Community Redevelopment Agency; 2. Acquire real property by eminent domain if the acquisition of the real property is found by the City Council to be necessary for the economic development of the City, which power shall exclude the right to use eminent domain on residential property; 3.. Dispose of real property, without following bidding procedures or other provisions of State law, including the Government Code, whether for fair market value; 4. Provide for site preparation work, including but not limited to demolition, clearing, and hazardous substance remediation, for private developments; 5. Insure, rent, manage, operate, repair, and clear real property owned by the City; 6. Rehabilitate, alter, construct buildings or otherwise improve real property in anticipation of disposal or long-term lease of the property to a private or public entity; 7. Acquire, demolish, repair, and replace buildings or other improvements damaged or destroyed due to a state or nationally declared emergency; 8. Accept financial assistance from public or private sources for the purpose of engaging in economic development activities; 9. Provide financial assistance in the form of grants, loans, payments of insurance premiums, tax rebates, or other assistance to assist in the attraction or retention of commercial and industrial activity in the City; Ordinance No. 695 Page 3 10. Provide financial assistance in the form of grants, loans, payments of insurance premiums, tax rebates, or other assistance to assist in the attraction or retention of multi-family housing development to the City; 11. Issue bonds or other forms of debt, consistent with the requirements of state law; 12. Take such other action as the City Council finds necessary and appropriate to encourage economic development within the City for the purposes of this section." SECTION 2. If any section, subsection, subdivision, sentence, clause, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, and ADOPTED this 8 th day of July 2015. ATTEST: M. Nieto, CMC uty City Clerk Ordinance No. 695 Page 4 Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda None None None ura M. Nieto, CMC eputy City Clerk I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 695 adopted by the City Council of the ndale at its regular meeting held July 8, 2015 to be posted at the City Hall, Library, and Post Office on July 21, 2015. )91 )/i/wiv Dated: July 21, 2015 STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 695 was duly introduced at a regular meeting of the Irwindale City Council held on the 24th day of June 2015, and was duly approved and adopted on second reading at its regular meeting held on the 8 th day of July 2015, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Council members: Councilmembers: AFFIDAVIT OF POSTING Ordinance No. 695 Page 5