Loading...
Resolution No. 71761 RESOLUTION NO. 7176 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON MAKING WRITTEN FINDINGS IN RESPONSE TO 4 EACH WRITTEN COMMENT OR OBJECTION OF AN AFFECTED PROJECT AREA PROPERTY OWNER OR TAXING AGENCY AND 5 RULING ON WRITTEN AND ORAL OBJECTIONS TO THE REDEVELOPMENT PLAN FOR THE FIRST AMENDMENT TO 6 THE INDUSTRIAL REDEVELOPMENT PROJECT 7 WHEREAS, an Amended Redevelopment Plan for the First 8 Amendment to the Industrial Redevelopment Project ("Amended 9 Redevelopment Plan") ) has been .prepared by the Redevelopment Agency 10 of the City of Vernon ("Agency"); and 11 WHEREAS, on June 23, 1998, a duly noticed joint public 12 hearingthe on proposed Amended Redevelopment Plan was conducted 13 by the City Council of the City of Vernon ("City Council") and the 14 Agency; and 15 WHEREAS, any and all persons having any objections to the 16 proposed Amended Redevelopment Plan or who deny the existence of 17 blight in the Amendment to the Project Area, or the regularity of 18 the prior proceedings, were given an opportunity to submit written 19 comments prior to the commencement of the joint public hearing, or 20 to give oral testimony at the joint public hearing, and show cause 21 why the proposed Amended Redevelopment Plan should not be adopted; 22 and 23 WHEREAS, the City Council has heard and considered all 24 evidence, both written and oral, presented in support and in 25 opposition to the adoption of the Amended Redevelopment Plan. 26 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 27 CITY OF VERNON AS FOLLOWS: 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1: The City Council does hereby find and determine that the recitals contained hereinabove are true and correct. SECTION 2: The City Council finds, on the basis of the substantial evidence contained within the Report to the City Council submitted by the Redevelopment Agency of the City of Vernon and other substantial evidence in the record, that conditions of blight exist within the Amended Project Area, and that written and oral evidence in opposition received at the joint public hearing is not persuasive to the contrary. SECTION 3: The City Council and the Agency have duly complied with all the provisions, requirements, and procedures of Articles 4 and 4.5 (commencing with Section 33330) of Chapter 4 of the California Community Redevelopment Law relating to the preparation and adoption of the Amended Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project. Section 4: The City Council finds that all persons have had the opportunity to be heard or to file written objections to the proposed Amended Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project and to the regularity of the proceedings with respect to the proposed Amended Redevelopment Plan, and having heard and reviewed such oral and written objections, the City Council hereby makes findings in response to each written objection as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, and determines that there are compelling reasons to justify adoption of the Amended Redevelopment Plan as proposed, notwithstanding written and oral objections. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 5: The City Council, accordingly, overrules any and all objections to the adoption of the Amended Redevelopment Plan for the First Amendment to the Industrial Redevelopment Project. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of July, 1998. EONIS C. MAL G, Ma or ATTEST• ,✓ BRUCE V. MALKENHORST, City Clerk -3- STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7176, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 7, 1998, and thereafter was duly signed by the Mayor of the City of Vernon. r BRUCE V. MALKENHORST, City Clerk (SEAL) -4- REDEVELOPMENT AGENCY OF THE CITY OF VERNON FIRST AMENDMENT TO THE INDUSTRIAL REDEVELOPMENT PLAN Comments, Responses and Proposed Findings In Response to Written Objections The City of Vernon and Redevelopment Agency have received written communications regarding the proposed amendment to the Industrial Redevelopment Plan. All communications were entered into the record of the joint public hearing of the Agency and City Council held on June 23, 1998. Sections 33363 and 33364 of the Community Redevelopment Law (CRL) impose upon a legislative body contemplating the amendment of a redevelopment plan the obligation to consider and respond in writing to any written objections received before or at the noticed public hearing and to adopt written findings in response to each written objection of an affected property owner or taxing entity. The City and Agency have made the following determinations regarding written communications received: The letter dated June 15, 1998 from Hickey Properties — an owner of property included in the Amendment Area, constitutes an apparent objection to the proposed amendment. A retraction of said objection dated June 23, 1998 was later submitted by Hickey Properties. The City, however, will treat the original communication as a "written objection" for purposes of Health & Safety Code §§33363 and 33364. ■ A written statement by the Office of Los Angeles County Supervisor Gloria Molina, and letters received from the Los Angeles County Department of Public Works and The Trust for Public Land requesting the dedication of land adjacent to the Los Angeles River for open space/recreational uses and development of a regional bikeway do not constitute statements of "objection" to the proposed amendment. The City and Agency wishes, however, to include responses to any concerns from the County of Los Angeles, an affected taxing entity, into the public record. The following is a summary of the concerns regarding the proposed amendment raised in the communications mentioned above and the Agency's and Council's responses thereto. Hickey Properties Letters Dated June 15, 1998 And June 230 1998 Hickey Properties submitted two letters; one dated June 15, 1998 and the other dated June 23, 1998. in the June 15, 1998 letter, Hickey Properties asserted that it was currently working on a "cure" of the blighting influences on its property by demolishing deteriorated structures and commencing the remediation of the property. It asked that "no action be taken against the property while we are Performing the work." On June 23, 1998, Hickey Properties stated that it had "no Objection to being included in the Amendment Area nor to the Redevelopment Plan' but asked that it "not be subject to the penalty of condemnation under the Redevelopment Plan." ISSUE ITEM NO.1: Removal of Some Blighting Factors RESPONSE: The City and Agency acknowledge that the property owner has recently removed deteriorated structures that had existed on the property (Sub Area 14) when analysis of physical blighting conditions was conducted for the First Amendment to the Industrial Redevelopment Project. Private redevelopment efforts by existing property owners are applauded and . encouraged by the City of Vernon. The conditions contributing to blight, as described within the Report to the City Council, include factors that affect the entire Project Area and thus lie beyond the ability of Hickey Properties alone to rectify. Pages 24 to 31 of the Report to City Council describe depredated and stagnant property values, impaired investments, high business vacancy and excessive vacant lots throughout the Amendment Area as indications of economic blight. These conditions apply to the Hickey property, and the mere demolition of deteriorated structures may not be sufficient to reverse these conditions. Moreover, physical blighting factors affecting this property remain, despite the removal of aforementioned structures. The Vernon Health Department reviewed a site assessment conducted on the property within the last month that indicated the presence of lead contamination In the soil. This evaluation was made at the request of the property owner, who has been working with the City to address this matter. The City and Agency acknowledge the conscientious efforts of Hickey Properties to remedy adverse environmental conditions the property may have, and will continue to assist the property owner towards this goal. ISSUE ITEM NO.2: Condemnation RESPONSE: The use of the power of eminent domain for the condemnation of property consistent with the CRL, is a redevelopment tool that.. was accorded the Agency in the original Redevelopment Plan. This proposed Amendment extends the power to the Amendment Area, but It is traditionally used only as a method of last resort. In the almost eight years since the adoption of the original Redevelopment Plan, the Agency has not found it necessary to exercise its eminent domain power yet. The Agency Is seeking to encourage the redevelopment of properties by their existing owners. The proposed Amended Redevelopment Plan includes the "participation of existing owners and businesses in the revitalization and redevelopment of properties" as one of its goals and the Agency has adopted rules governing owner participation In the redevelopment of properties. Should the use of eminent domain be considered, the Community Redevelopment Law provides extensive rights and safeguards to property owners that may enter into eminent domain proceedings with the Agency. Additionally, persons and businesses who are displaced as a result of the Agency acquisition of property have certain relocation rights, as described In Section VI of the Report to the City Council. At the present time, and based on the apparent efforts of the property owner to eliminate blighting factors, neither the City nor the Agency has any intention to seek condemnation of the Hickey Property located at 3375 East Slauson Avenue. Written Statement by Los Angeles County Supervisor Gloria Molina (Submitted June 23, 1998); Letters From Los Angeles County Public Works Dated June 1, 1998 And Juno 23, 1998; Letter From The Trust For Public Land Dated June 22,1998 On June 23, 1998, a written statement prepared on behalf of County Supervisor Gloria Molina was submitted. On June 24, 1998, after the close of the Joint Public Hearing, a letter dated June 23, 1998, was received from the Department of Public Works of the County of Los Angeles. 'On June 22, 1998, a letter from an organization entitled The Trust for Public Land was also received by the Agency. Each of these letters requests that the City and Agency modify the proposed First Amendment to the Redevelopment Project to "include the Implementation of the Los Angeles River Master Plan" by dedication of land owned by private parties for a bike trail along the Los Angeles River. None of these letters challenge the existence of blighting factors in the Amendment Area or deny the need for redevelopment. None of these letters object to any procedural step taken in the amendment process. ISSUE ITEM NO. 1: Recommendation for Modification of Redevelopment Plan to Include Implementation of Los Angeles River Master Plan RESPONSE: In various communications with the LA County Department of Public Works, the City of Vernon has expressed serious zoning and public safety concerns regarding the feasibility of implementing the Los Angeles River Master Plan ' through Vernon — particularly the dedication of streets and land for establishment of a bikeway. County Public Works has recently admitted that a bikeway on Vernon surface streets would present safety and traffic hazards for motorists, as well as cyclists, and has suggested dedication of currently developed private land adjacent to the River as an altemative. Section 33367(d)(4) of the CRL requires that a redevelopment plan be consistent with the general plan of the community. Currently, the General Plan of the City of Vernon does not designate the land directly adjacent to the Los Angeles River for open space or recreation use. Changes to Vernon's General Plan, which can only occur through planning and legislative Processes separate from those for redevelopment plan amendment, may be necessary before inclusion of this Master Plan can be considered. Furthermore, implementation of the bikeway will require careful evaluation of potential sites and routes in order not to contradict the objectives of this proposed Amendment to the Industrial Redevelopment Plan -- particularly the amelioration of traffic congestion within the City. The proposed Amendment to the Redevelopment Plan currently Includes general provisions for the establishment of future easements and public uses: §500.13 A'ln any area of the Project Area, the Agency is authorized to permit the establishment or enlargement of public, semi-public, institutional, or non-profit uses." Modification of the Industrial Redevelopment Plan for the inclusion of . the Master Plan is not necessary; however, Its Implementation will require planning, coordination and legislative action beyond the scope of this Amendment. The City of Vernon is willing to work with the County Supervisor's Office and the County Department of Public Works to address issues that may prevent full implementation of the Los Angeles River Master Plan through the City of Vernon. As opportunities arise during implementation of this Redevelopment Plan, the Agency will notify the Department of Public Works and provide opportunities for consultation. Since Hickey Properties expressly does not object to inclusion within the Amended Redevelopment Project Area, and since implementation of the Los Angeles River Master Plan does not require modification of the Amended Redevelopment Plan as currently proposed, no valid written or oral objection has been made to the proposed adoption of the First Amendment to the Industrial Redevelopment Project.