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Tab_D-7$11,230,000 ROSEM EAD COMMUNITY DEVELOPMENT COM M I SSI ON ROSEM EAD MERGED PROJECT AREA TAX ALLOCATION BONDS SERI ES 2010A CERTI FI CATE OF SECRETARY OF TH E COM M I SSI ON REGARDI NG REDEVELOPM ENT PLAN RESOLUTI ONS AND ORDI NANCES The undersigned hereby states and certi f i es the f of lowing: (a) that the undersigned is the City Clerk of the City of Rosemead, a public body, corporate and politic, organized and existing under and by virtue of the lags of the State of California (the"City") and Secretary of the Rosemead Community Development Commission, a public body, corporate and politic, organized and existing under and by vi rtue of the I avrs of the State of California (the "Commission"), and as such, is familiar with the facts herein certified and is authorized and qualified to certify thesame on behalf of the City and the Commission; (b) that attached hereto i s a f ul I , true and correct copy of Ordinance No. 340, adopted by the City Council of the City on June 27, 1972, and that said Ordinance has not been amended, modified or rescinded since the date of its adoption and remains in full force and effect as of the date hereof; (c) that attached hereto is a f ul 1, true and correct copy of Ordi nance No. 384, adopted by the City Council of the City on August 19, 1974, and that said Ordinance has not been amended, modified or rescinded since the date of i is adopti on and remai ns i n f ul l force and effect as of the date hereof; (d) that attached hereto i s a f ul 1, true and correct copy of Ordi nance No. 592, adopted by the City Council of the City on December 9, 1986, and that said Ordinance has not been amended, modified or rescinded since the date of i is adopti on and remai ns i n f ul l force and effect as of the date hereof; (e) that attached hereto i s a f ul 1, true and correct copy of Ordi nance No. 752, adopted by the City Council of the City on December 20, 1994, and that said Ordinance has not been amended, modified or rescinded since the date of i is adopti on and remai ns i n f ul l force and effect as of the date hereof; (f) that attached hereto is a full, true and correct copy of Resolution No. 2000-31, adopted by the City Council of the City on June 13, 2000, and that said Resolution has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and eff ect as of the date hereof; (g) that attached hereto i s a f ul 1, true and correct copy of Resol uti on No. 2000-32, adopted by the City Council of the City on June 13, 2000, and that said Resolution has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and eff ect as of the date hereof; OHS West:260941192.4 (h) that attached hereto is a full, true and correct copy of Ordinance No. 809, adopted by the City Counci I of the City on June 27, 2000, and that said Ordinance has not been amended, modified or rescinded since the date of its adoption and remains in f ul I force and effect as of the date hereof; (i) that attached hereto is a f ul 1, true and correct copy of Ordi nance No. 821, adopted by the City Council of the City on January 22, 2002, and that said Ordinance has not been amended, modified or rescinded since the date of i is adopti on and remai ns i n f ul l force and effect as of the date hereof; 0) that attached hereto i s a f ul 1, true and correct copy of Ordi nance No. 822, adopted by the City Council of the City on January 22, 2002, and that said Ordinance has not been amended, modified or rescinded since the date of i is adopti on and remai ns i n f ul l force and effect as of the date hereof; (k) that attached hereto i s a f ul 1, true and correct copy of Ordi nance No. 832, adopted by the City Council of the City on July 247 2004, and that said Ordinance has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and eff ect as of the date hereof; (1) that attached hereto is a f ul 1, true and correct copy of Ordi nance No. 833, adopted by the City Council of the City on July 27, 2004, and that said Ordinance has not been amended, modi f i ed or resci nded si nce the date of its adoption and remai ns i n f ul I force and effect as of the date hereof; (m) that attached hereto is aful1, true and correct copy of Ordinance No. 853, adopted by the City Council of the City on May 29, 2007, and that said Ordinance has not been amended, modi f i ed or resci nded si nce the date of its adoption and remai ns i n f ul I force and effect as of the date hereof; (n) that attached hereto is a full, true and correct copy of Resolution No. 2008-05, adopted by the members of the Commi ssi on on February 26, 2008, and that sai d Resol uti on has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof; (o) that attached hereto is a full, true and correct copy of Resolution No. 08-33, adopted by the members of the Commission on December 15, 2008, and that said Resolution has not been amended, modified or rescinded since the date of i is adopti on and remains in full force and effect as of the date hereof; (p) that attached hereto is a full, true and correct copy of Resolution No. 2009-02, adopted by the members of the Commi ssi on on February 10, 2009, and that sai d Resol uti on has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof; (q) that attached hereto i s a f ul 1, true and correct copy of Resol uti on No. 2009-03, adopted by the members of the Commi ssi on on February 10, 2009, and that sai d Resol uti on has OHS West:260941192 2 not been amended, modified or rescinded since the date of its adoption and remains in full force and effect as of the date hereof; (r) that attached hereto is a full, true and correct copy of Resolution No. 2009-03, adopted by the Ci ty Counci I of the Ci ty on February 10, 2009, and that sai d Resol uti on has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof; (s) that attached hereto i s a f ul 1, true and correct copy of Resol uti on No. 2009-04, adopted by the members of the Commi ssi on on February 10, 2009, and that sai d Resol uti on has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof; (t) that attached hereto i s a f ul 1, true and correct copy of Ordi nance No. 871, adopted by the City Council of the City on May 10, 2009, and that said Ordinance has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and eff ect as of the date hereof; (u) that attached hereto is a full, true and correct copy of Resolution No. 2009-20, adopted by the members of the Commission on August 25, 2009, and that said Resolution has not been amended, modified or rescinded since the date of its adoption and remains in full force and effect as of the date hereof; (v) that attached hereto i s a f ul 1, true and correct copy of Resol uti on No. 2009-55, adopted by the City Council of the City on October 13, 2009, and that said Resolution has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof; and (w) that attached hereto i s a f ul 1, true and correct copy of Resol uti on No. 2009-32, adopted by the members of the Commi ssi on on October 13, 2009, and that sai d Resol uti on has not been amended, modi f i ed or resci nded si nce the date of i is adopti on and remai ns i n f ul I f orce and effect as of the date hereof. OHS West:260941192 3 l\ I I \1 111 RLOF, the this certificate the ~I ii yet forth below. D,ticd: July 15_ "t)] f1 ROSE-NIVAD COMINIf Nun DEVITOPNlF,NTCONINIISSION B olk)rl,t NIolled i. S~:cr~Aary 4 ORDINANCE NO. 340 AN ORDINANCE OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING A REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 IN THE CITY OF ROSEMEAD AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA. WHEREAS, the Rosemead Redevelopment Agency ("Agency") has prepared and approved a Redevelopment Plan for Project Area No, 1 in the City of Rosemead and has recommended certain modifi- cations in said Plan, and has further recommended that the Rede- velopment Plan as modified be approved and adopted by the City Council as the official Redevelopment Plan for such project area; and WHEREAS, the Rosemead Redevelopment Agency has sub- 0 mitted its report and recommendation to the City Council on the Redevelopment Plan for Project Area No, 1; and WHEREAS, the Agency has adopted rules for owner participation and reentry of business within the project area; and WHEREAS, a joint public hearing has been held by the Agency and the City Council, duly noticed as required by law, and the Agency and City Council have received written, photo- graphic, and oral testimony concerning the Redevelopment Plan for Project Area No. 1; and WHEREAS, the City Council has received the recommenda- tion and report from the Planning Commission of the City of Rosemead concerning the changes proposed and recommended by the Redevelopment Agency to the Redevelopment Plan for Project Area No, l; NOW, THEREFORE, the City Council of the City of Rosemead does hereby ordain as follows: 0 Section 1. The Redevelopment Plan for Project Area No, 1 in the City of Rosemead, as submitted to the City Council, and the, changes therein recommended by the Agency and Planning Commission, are hereby approved said changes are hereby incorr' porated in said Plan and said Redevelopment Plan as so modified is hereby designated as the official Redevelopment Plan for said Project area. (All references to the "Redevelopment Plan" in Sections 1 through 12 of this Ordinance are to the Redevelopment Plan as modified by the changes recommended by the Agency and Planning Commission and,adopted herein) Section 2. The Redevelopment Plan for Project Area No. 1 in the City of Rosemead is hereby incorporated herein by reference and made a part hereof as if fully set forth at length herein, . Section 3. The City Council hereby declares that its purposes and intent with respect to Project Area No. 1 are to; a) Eliminate the conditions of blight existing in the Project Area; b) To prevent reoccurrence of blighted conditions within the Project Area; c) To provide for participation by owners and tenants and preferences to persons engaged in business within • the Project Area, to participate in the redevelopment of the Project Area; to encourage and insure the development of the Project Area in the manner set forth in the Redevelopment Plan; to provide for the relocation of any residents displaced by the effectuation of the Redevelopment Plan; and d) To improve and construct or provide for the construction of public facilities, roads, recreational areas and other 'publ is improvements to the benef i t:,of the Project Area and the general public. -2- Section 4. The City Council of the City of Rosemead hereby finds and determines that: a) Project Area No. 'l is a blighted area, the redevelopment of which is'necessary to effectuate the public purposes declared'in the Community Redevelopment Law of.the State of California b) The Redevelopment Plan for Project Area No. 1 would redevelop the area-in conformity with the Community Redevelopment Law of the State of California and in the inter-' est of the public peace, health, safety and welfare.- - c) The adoption.and carrying out of the Redevelop meet Plan for Project Area No. l is economically sound and' feasible. d) The Redevelopment Plan for Project, Area. No. • .1-conforms to the General Plan of the City of Rosemead,. e) The carrying out of the Redevelopment Plan for Project Area No. 1 would promote the public peace, health, safety and welfare of the community and would effectuate the purposes and policy of the Community Redevelopment Law of the State of California. f)* The condemnation of real property, as pt'o- vided for in the Redevelopment Plan for Project Area No. 1, is necessary to the execution of the Redevelopment Plan and • adequate.provisions have been made for payment for property to be acquired as provided by law. g) The Redevelopment Agency has a feasible plan for the relocation of families,and persons displaced from the _ Project Area, in the event the Redevelopment'Plan may result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. h) There are, in areas other than the Project Area not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices • • 9 C~ within the financial means of the families and persons dis- placed from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to. such displaced families and persons and reasonably accessible to their places of employment. Section 5. The City Council is satisfied that per- manent housing facilities will be available within three (3) Years from the time-occupants of the Project Area are dis- placed and that pending the development of such facilities there will'beavailable to such displaced occupants adequate temporary housing facilities at rents comparable to those fn the community at the time of their displacement. Section 6. The Redevelopment Plan provides for--the expenditure of money by the City of Rosemead.in carrying out the Redevelopment Plan, and authorizes.the City to financially assist the Agency by way of loans, grants, or other financial assistance. The City Council hereby provides.that any•such financial assistance to the Agency shall be made from time to time as the City Council may provide, and further.provides that all such financial assistance shall be deemed to be loans to the Agency, which shall bear interest at: the rate of seven percent (7%) per annum until repaid, unless the City Council provides in any specific case that the expenditures shall be treated otherwise than-as a loan. Section 7.• The 'City.Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Rosemead under the provisions of the Redevelopment Plan, and requests that all City depart- ments and commissions cooperate with the Agency in carrying out the provisions of the Redevelopment Plan. -4- Section 8. Upon the filing of this Ordinance adopting the Redevelopment'Plan for Project Area No.;1 with the City Clerk, the City Clerk is hereby.directed to send a certified copy of this Ordinance to the Redevelopment Agency . of'the City of-Rosemead and Agency is vested with the respon- sibility for carrying out the Redevelopment Plan for Project Area No 1. Section 9. The City':Building Department is hereby directed, for a period of two years after the adoption of this,Ordinance, to advise all applicants for building permits in Project Area No. 1.that the-site for which.a building permit,is sought for the construction of buildings or for other improvements is within,a Redevelopment.Project Area. Section 10. The City Clerk-is hereby directed to . record with the County Recorder of Los Angeles a description of the land within Project Area No. 1 and a~statement that proceedings for the redevelopment of Project Area No. 1 have been instituted under the Community Redevelopment Law of the. State of California. Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code of the State of California. Section 11. The City "Clerk is hereby directed to • transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this-Ordinance, and a map or plat indicating the boundaries of Project Area No.-I. to the Auditor and Tax Assessor of the County of Los Angeles; to ,officer or officers performing the functions of Auditor or Assessor for any taxing agencies which, in levying or collecting its taxes, do not.use the County Assessment Roll or do not collect its taxes through the County, and'to the governing body of.each of the taxing agencies which levies n taxes upon any property in Project Area No. 1, and to the State Board of Equalization. Such documents shall be trans- mitted as promptly as practicable following the adoption of this Ordinance but in any event on or before January 1st, 1973. Section 12. Having considered all the evidence, oral, written and photographic, the City Council hereby overrules all written and oral objections to the Redevelopment Plan for Project Area No. 1. PASSED, APPROVED and ADOPTED this 27th _ day of June, 1972. MAYOR-PRO TEM ATTEST: CITY CLERK I, WANDA E. ANDERSEN, above ordinance was a meeting held June 27, AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk, do hereby certify that the dopted'by the City Council at their regular 1972, by the following vote: Andersen, Maude, Pike, Taylor None Hunter - Lam/ CITY CLERK by: Je ny E. Davenport Deputy City Clerk ~dk AFFIDAVIT OF POSTING STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS: CITY OF ROSEMEAD } Jenny E. Davenport being first duly sworn, depose and say: That she how, and at al1_times herein mentioned was, the Deputy City Clerk of and fnr the City of ROsemea+l. • County of Los Angeles, State of. Cal ifnrnia, State of California; that on the 29th day of June , 19 72 , posted a true and correct copy of ordinance No. 340 , a copy of which is attached hereto and made a cart hereof, at each of the three public places specified in Section 2800 !!f the Rosemead City Code, pursuant to Section 36933 of the California Government Code, there being no adjudicated newspaper of general circulation published and circulated In the City of Rosemead, . that said posting was completed on the 29th day of June , 19 2272 , and that a total number of copies by law of said Ordinance were se posted. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRVE~ AND - CORRECT. Executed on the 29th day of June , 1972 at Rosemead, County of Los Angeles, State of California. AN ORDINANCE OF THE CITY OF ROSEMEAD APPROV- ING AND ADOPTING A REDEVELOPMENT PLAN FOR PROJECT AREA INTO. 2 IN THE CITY OF ROSEME?sD, AS TIME OFFICIAL REDEVELOPJMENT PLAN FOR SUCH PROJECT AREA. THE CITY COMgCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The Rosemead Redevelopment Agency ("Agency") has prepared-•and--approved a Redevelopment "Plan.-for_Project Area - No. 2 in the City of Rosemead ("said Redevelopment Plan") and has recommended that the City Council approve and adopt said Redevel- opment_Plan. The Planning Commission of the City of Rosemead has submitted its report and recommendation concerning the conformity of the Redevelopment Plan for.Project Area No. 2 to the General Plan and recommending approval thereof. Section 2. The Agency has heretofore adopted rules for owner participation and preference for reentry in business within the Project Area, has made such rules available for a rea- sonable time for public inspection, and has submitted the Redevel- opment Plan for Project Area No. 2 and its report thereon to the City. Council. Section 3. The Agency and Planning Commission have duly made their reports and recommendations that said Redevelop- ment Plan be amended in the manner set forth in the Report of the Planning Commission dated August-14'', 1974, which report is on file with the City Clerk. Section 4. The amendments to.the Redevelopment Plan as set forth in the aforesaid report are hereby approved and incor- porated into said Redevelopment Plan. Said Redevelopment'~Plan, as so amended, shall constitute and be )mown as the Redevelopment • Plan for Project Area No. 2. Section S. A joint public hearing has been duly noticed and held by the Agency and the.City Council, as required by ]law, and all objections have been heard and passed upon by this City Council. The agency and council have received written and oral testimony and other evidence concerning the Redevelopment Plan for Project Area No. 2, and have duly considered all thereof and the aforesaid reports and recommendations, and all proceedings with respect to said Redevelopment Plan have been duly conducted and', completed as provided by law. Section 6. The purposes and intent of this City Council with respect to Project Area No. 2 are: (a) To eliminate the conditions of blight existing in the Project Area; (b) To prevent reoccurrence of blighted conditions within the Project Area; --1-- &Z,d, 3 ,Fy (c) To provide for participation by owners and tenants and for preferences to persons engaged in busi- ness within the Project Area to participate in the rede- velopment of the Project Area; to encourage and insure the development of the Project Area in the manner set forth in the Redevelopment Plan; to provide for the relocation of any residents displaced by the effectua- tion of the Redevelopment Plan; and (d) To improve and construct or provide for the construction of public facilities, roads, recreational areas and other public improvements and to improve the. quality -of- the- environment in -the . Project Area., to the benefit of the Project Area and the general public. Section 7. The Redevelopment Plan for Project Area No. on file with the City Clerk of this City, is hereby-approved,. adopted and designated as the official Redevelopment Plan , for- Project Area No. 2, and is hereby incorporated herein by referent-- and made a part hereof as if fully set forth at length herein. • Section 8. The City Council of the City of Rosemead hereby-finds and determines that- (a) Project Area No."2 is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California; (b) The Redevelopment Plan for Project Area No. 2 would redevelop the area in conformity with the Community Redevelopment.Law of the State of California and in'the interests of the public peace, health, safety and welfare; (c) The adoption and carrying out of the Redevelop- ment Plan for Project Area No. 2 is economically sound and feasible; (d) The Redevelopment Plan for Project Area No, 2 conforms to the General Plan of the City of Rosemead; (e) The carrying out of the Redevelopment Plan for Project Area No. 2 would promote the public peace,- health,. safety and welfare of-the community and would effectuate the purposes and policy of the.Community Redevelopment Law of the State of California; (f) The condemnation of real property, if.'provided' for in the. Redevelopment Plan for Project Area No. 2, is necessary to the execution of said redevelopment plan and adequate provisions have been made for payment-for prop- erty to be acquired as provided by law; (g) The Agency has a feasible method or plan for the relocation of families and persons displaced from Project Area No. 2 if the Redevelopment Plan may result in the temporary or permanent displacement of any occu- pants of housing facilities in the Project Area; . (h) There are or are being provided in Project Area No. 2 or in other areas not generally less desirable in -2- - regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons who might.be dis- placed-from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and avail- able to such families and persons and reasonably acces- sible to their places of employment; and (i) This City Council is satisfied that permanent housing facilities will be available within three (3) years from the time any occupants of the Project Area are displaced and that pending the development of such facilities there will be available to such occupants who might be displaced adequate temporary housing. facilities at rents comparable to those in the commu- nity at the time of their displacement. All other pro- visions of the Community Redevelopment Law with respect to relocation shall be fully complied with. Section 9. The Redevelopment Plan for Project Area No. 2' .provides for the expenditure of money by the City of Rosemead in carrying out the Redevelopment Plan, and authorizes the City to financially assist the Agency by way of loans, grants, or other financial assistance. The City Council hereby provides that such financial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency, which shall-bear interest at the rate of seven per cent (70) per annum until repaid, unless the City Council shall provide in spe- cific cases that such assistance shall be treated otherwise than as a loan. Section: 10. The City Council hereby declares its inten- tion to undertake and complete any proceedings necessary to be carried out by the City'of Rosemead under the provisions of the Redevelopment Plan.for Project Area No. 2, and directs that all City- departments, commissions and officers cooperate with the Agency in carrying out the provisions of the Redevelopment Plan. Section 11. Upon the filing of this Ordinance adopting the Redevelopment Plan for Project Area No. 2 with the City Clerk, the City Clerk is hereby directed to send a certified copy of this Ordinance to the Rosemead Redevelopment Agency and said Agency is vested with the responsibility for carrying out~the Redevelopment Plan for Project Area No. 2. Section 12. The City Building Department is hereby directed, for a period of two years after the effective date of this Ordinance, to advise all applicants for building permits in Project Area No. '2 that the site for which a building permit is sought for the construction of buildings or for other improve- ments is within a redevelopment project area. Section 13. The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a descrip- tion of the land within Project Area No. 2 and a"statement that proceedings for the redevelopment of Project Area No. 2 have been instituted under the Community Redevelopment Law of the State of. California. Additional recordation of documents may be effected pursuant to Section 27295 of the Government Code of the State of California. -3-- i 0 ~ 6't j Section 14. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pur- suant to Section. 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance, and a map or plot indicating the boundaries of Project Area No. 2, to the Auditor and Tax Assessor of the County of Los Angeles; to the officer or officers performing the functions of Auditor or Assessor for any taxing agencies which, in levying or collect- ing its taxes, do not use the County Assessment Roll or do not collect its taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any prop- erty in Project Area No. 2 and to the State Board of Equaliza- tion. Such documents shall be transmitted as promptly as prac- ticable following the adoption of this Ordinance but in any event on or before January 1, 1975. Section 15. This Ordinance shall be effective upon its adoption. The City-Clerk is directed forthwith to post copies of this Ordinance in three public places within the City designated for the posting of ordinances and notices. PASSED, APPROVED AND ADOPTED this 19th.day-of August, 1974. ST -C'ty Clerk C STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss, CITY OF ROSEMEAD } I, Jenny E. Davenport, City Clerk of the City of Rosemead, California, do hereby certify that the whole number of members of the City Council of said City s five; that the foregoing ordinance,.,,, being Ordinance No.,3B , passed first. reading on August 14'f 1974, was duly and regularly adopted by the City Council o said City at an adjourned regular. meeting of said Council, duly and regularly held on the 19th day of August, 1974, and that the same was so passed and adopted by the following roll call vote: AYES: COUNCILMEN: Andersen, Pike, P. Taylor NOES: COUNCILMEN: G. Taylor, Trujillo ABSENT: COUNCILMEN: None City Clerk City of Rosemead,.California -4- ORDINANCE NO. 592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING CERTAIN PROVISIONS OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 1 THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds, determines and declares: a. By Ordinance No. 340, adopted January 4, 1972, the City Council approved and adopted a Redevelopment Plan for Project Area No. 1; and b. Section 33333.4 of the Health & Safety Code requires the amendment of the plan in certain respects. Section 2. The "Tax Increment Financing" section of the Redevelopment Plan for Project Area No. 1 is hereby amended by the addition of the following language at the conclusion of said section commencing on page 5-1a: . "The portion of taxes divided and allocated to the Agency pursuant to this Section shall not exceed a cumulative total, commencing with fiscal year 1986-87 through completion or termination of the Plan, of $249,245,938. The Agency shall not establish or incur loans, advances or indebtedness to be repaid from the allocation of taxes from and after 50 years from the effective date of the ordinance adding this paragraph." Section 3. The "Acquisition of Properties By Agency" section of the Redevelopment Plan for Project Area No. 1 is hereby amended by adding the following language at the conclusion of said section on page 6-2. "Eminent domain proceedings to acquire real or personal property must be commenced within 12 years from the effective date of the ordinance adding this paragraph." Section 4. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this 9th day,,-erf-De r , 1986. MAY ATTEST: CITY CLERK TAX INCREMENT CUMULATIVE TOTAL ORDINANCE NO. 592 • • YEAR END 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 TAX INCREMENT DUE AGENCY* 2,856,000 2,913,120 2,971,382 3,030,810 3,091,426 3,153,255 3,216,320 3,280,646 3,346,259 3,413,184 3,481,448 3,551,077 3,622,° 3,694,5, 3,768,431 3,843,800 3,920,676 3,999,090 4,079,071 4,160,653 4,243,866 4,328,743 4,415,318 4,503,624 4,593,697 4,685,571 4,779,282 4,874,868 4,972,365 Tax Increment Cumulative Total Ordinance No. 592 Page Two YEAR END TAX INCREMENT DUE AGENCY* 2016 $ 5,071,812 2017 5,173,248 2018 5,276,713 2019 5,382,247 2020 5,489,892 2021 5,599,690 2022 5,711,684 2023 5,825,918 2024 5,942,436 2025 6,061,285 2026 6,182,511 2027 6,306,161 2028 6,43.2,.284 2029 6,560,930 2030 6,692,149 2031 6,825,992 2032 6,962,512 2033 7,101,762 2034 7,243,797 2035 7,388,673 2036 71536,446 2037 7,687,175 TOTAL CUMULATIVE INCREMENT: $249,245,938 *Growth is projected at 20 per year 1 ORDINANCE NO. 752 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH 4 SECTION 33333.6(e) OF THE COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS 7 FOLLOWS: a 9 tion 1. The City Council finds, determines and declares: 10 This Ordinance is enacted pursuant to the authority of Health and Safety Code 11 section 33333.6(e) for the purpose of amending the Redevelopment Plan for Project Area 1, as enacted by Ordinance No. 340 on June 27, 1972, and amended by Ordinance No. 12 592 on December 9, 1986, to bring it into conformity with the requirements of Assem. ly Bill 1290 (1993 Stats., Chapter 942). # 13 . 14 Section 2. The Redevelopment Plan, as amended to date, is hereby amended by adding the provisions at the end of Part 6 to read as follows: 13 "FINANCING LIMITATIONS AND DURATION OF REDEVELOPMENT 16 PLAN'S EFFECTIVENESS: 17 Notwithstanding any provisions of this Plan to the contrary, 18 consistent with section 33333.6 of the California Community Redevelopment Law, the following limitations are imposed on this Plan: 19 No loans, advances, or indebtedness to finance, in whole or 2 in part, this project and to be repaid from the allocation of 21 taxes shall be established or incurred by the Agency after January 1, 2004, provided, however, that this restriction shall 22 not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing fund or to fulfill the 23 Agency's housing obligations under section 33413 of the Community Redevelopment Law. 24 25 This Plan, including the land use and development control provisions, shall be cffective until June 37, 2012. After June 26 27, 201.2, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness 27 and to enforce existing covenants, contracts or other 28 obligations, provided, however, that this prohibition shall not limit actions designed to eliminate housing program project Ordinance No. ~t 1 deficits or to implement a replacement housing program, as more particularly authorized by section 33333.6(g) of the 2 Community Ret Yelopment Law. 3 The Agency shall not pay indebtedness or receive property 4 taxes pursuant to section 33670 after June 27, 20229 the. date that is ten years from the termination•"of the effectiveness of 5 this Plan, provided, however, that this prohibition shall not limit allocation of taxes for the purpose of eliminating 6 housing program project deficits or implementing a 7 replacement housing program, as more particularly authorized by section 33333.6(8) of the Community 8 Redevelopment Law, nor shall it limit allocation of taxes to pay indebtedness incurred prior to January 1, 1994, including the indebtedness incurred by Redevelopment 10 Project Area No. 1 Tax Allocation Bonds, Series 1993A and Redevelopment Project Area No. 1 Taxable Tax Allocation 11 Refunding Bonds, Series 1993B." 12 Section-1. The last sentence of the paragraph added by Section 2 ot,Ordinancl") " No. 592, reading The Agency shall not establish or incur loans, advances or $ 13 indebtedness to be repaid frrom the allocation of taxes from and after 50 years from the, 14 effective date of the ordinance adding this paragraph," is hereby deleted from the Plan: 15 Section 4. This ordinance is enacted as an urgency ordinance pursuant to , Government Code section 36937 and shall take effect Immediately. The Council declares 16 that an urgency ordinance is required because state law requires amendment of 17 redevelopment plans to effect the changes contained in this ordinance by no later than December 31, 1994, and the authorization for making such amendments expires on that 18 date. Because the December 13, 1994 meeting is expected to be the final meeting of the City Council in this year this ordinance must be adopted as an urgency measure. 19 -Section-5. The City Clerk shall certify to the adoption of this Ordinance and 20 cause the same to he processed in accordance with state law. 21 22 20 December PASSED, APPROVED and ADOPTED thi y of , 1994. 23 24 25 yor, City o osemead 1 hereby, ertify that the foregoing Ordinance 26 ATTEST: No. 752 was duly and regularly adopted by the Rosemead City'Council a$-an Adjourned Meeting 27 - held.on the 20th day of December, 199.4, by the following vote: 28 - Yes:-- Clark, Taylor, Bruesch, Vasquez, Imperiz City Clet'IC No: N. e; Abs nt None; Abstain: None City Clerk 7 Ordinance No. S2 1 1 1 0 40 RESOLUTION NO. 2000-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD FINDING THAT THE PROVISION OF LOW- AND MODERATE-INCOME HOUSING OUTSIDE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WILL BE OF BENEFIT TO THE PROJECT WHEREAS, the Rosemead Redevelopment Agency (the "Agency") has undertaken the formation of Rosemead Redevelopment Project Area No. 2 (the "Project" or "Project Area"); and WHEREAS, in accordance with Section 33334.2(a) of Community Redevelopment Law, not less than twenty percent (20%) of all taxes which are allocated to the Agency from the Project Area shall be used for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing; and WHEREAS, Section 33334.2(g) of the Community Redevelopment Law provides that the Agency may use such funds outside the Project Area upon adoption of resolutions by the Agency and the City Council of the City of Rosemead (the "City Council") finding that the provision of low- and moderate-income housing outside the Project Area is of benefit to the Project, and WHEREAS, the Agency has adopted a resolution ' declaring that the use of such funds outside the Project Area will be of benefit to the Project. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Rosemead as follows: Section 1: Pursuant to Section 33334.2(g) of the Community Redevelopment Law, the City Council hereby finds that the provision of low- and moderate-income housing outside the Project Area will be of benefit to the Project. Section 2: The findings and determinations set forth herein shall be deemed final and conclusive. PASSED, APPROVED AND ADOPTED this 13th day of June 2000. ATTEST: City Clerk City of Rosemead Mayor City of Rosemead s • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2000-31 being- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, FINDING THAT THE PROVISION OF LOW-AND MODERATE-INCOME HOUSING OUTSIDE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WILL BE OF BENEFIT TO THE PROJECT was duly adopted at an Adjourned Regular Meeting of the City Council and Regular Meeting of the Rosemead Redevelopment Agency on the 13'h day of June, 2000, by the following vote to wit: YES: COUNCILMEMBERS: NO: COUNCILME MBERS ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: VASQUEZ, BRUESCH, CLARK, IMPERIAL, TAYLOR NONE NONE NANCY V DERRAMA, CITY CLERK AGENDA:CERTIFY 9 0 RESOLUTION NO. 2000-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REDEVELOPMENT PLAN IN ADOPTION OF THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Redevelopment Agency of the City of Rosemead, (the "Agency") has initiated a Redevelopment Plan for Rosemead Redevelopment Project Area No. 2 (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of Rosemead has approved and forwarded to the Agency its report that the proposed Redevelopment Plan are in conformity with the General Plan of the City of Rosemead and has recommended approval of said Redevelopment Plan; and WHEREAS, the Draft Environmental Impact Report prepared on the Redevelopment Plan was sent to the Planning Commission and the Commission held a public hearing to receive public input on the adequacy of the Draft Environmental Impact Report; and WHEREAS, all actions required to be taken by applicable law related to the preparation, circulation, and review of the Draft Environmental Impact Report have been taken; and WHEREAS, the Final Environmental Impact Report identified significant direct project impacts to the traffic levels of service at the intersection of Rosemead Boulevard and Valley Boulevard and potentially significant impacts to air quality from construction phase activity which cannot be mitigated to an insignificant level by conditions imposed on the project; and WHEREAS, pursuant to public notice duly given, the City Council of the City of Rosemead (the "City Council") and the Agency held a full and fair public hearing on the proposed Plan and Final Environmental Impact Report on June 13, 2000; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY RESOLVES AS FOLLOWS: SECTION 1. The Final Environmental Impact Report is an adequate and complete document in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, that the Agency has reviewed and considered the information contained in said Environmental Impact Report reflects the independent judgment of the Rosemead City Council. 0 0 SECTION 2. The mitigation monitoring program has been prepared in accordance with the State government requirements contained in Section 21081.6 of the Public Resources Code. SECTION 3. The Final Environmental Impact Report determined that there would be no impacts or impacts would be less than significant without mitigation for land use, population/housing/employment, noise, geology, public health/safety/risk, police protection, and solid waste. SECTION 4. The Final Environmental Impact Report identified impacts related to the project that would be less than significant when project activities are in compliance with reasonable policies, rules and regulations related to applicable laws, but for which would be further reduced by additional recommended measures that would further benefit the air quality for non-construction activities, the community for fire protection, libraries, recreation/parks, and public utilities and infrastructure (including water, sewer, storm water, electricity and natural gas). Impacts and mitigation measures are identified in Sections 3D Air Quality, 3H-1 Fire Protection, 3H-3 Libraries, 31 Recreation, Parks and Open Space, 3J- 1 Water, 3J-2 Sewer, 3J-3 Storm Water, 3J-5 Electricity, and 3J-6 Natural Gas of the Environmental Impact Report. SECTIONS. The Final Environmental Impact Report identified significant impacts related to the project which are potentially significantly adverse, but which will be mitigated to an insignificant level by conditions imposed upon the project in the area of public services (other government services). The public services impact and mitigation measure is identified in Section 3H-4, Government Services of the Environmental Impact Report. SECTION 6. The proposed project will have a significant adverse effect on traffic levels of service at the intersection of Rosemead Boulevard and Valley Boulevard and potentially significant impacts to air quality from construction phase activity which cannot be mitigated to an insignificant level by conditions imposed on the project. (a) Adverse traffic impacts are incremental and cumulative which result from traffic generation sources that are not totally within the jurisdictional control of the City of Rosemead. To fully mitigate adverse service level impacts at the intersection of Rosemead Boulevard and Valley Boulevard would necessitate physical improvements which exceed planned configurations and could require displacement of adjacent land uses. The cost and degree of adverse impacts that could result from complete mitigation is not reasonable or feasible; however, traffic-related impacts have been incorporated to the extent reasonable to lessen the impacts. (b) Adverse air quality impacts during construction will be temporary and short- term. Complete mitigation of construction emissions would require the imposition of schedule requirements that would essentially render construction activities infeasible, especially given their temporary nature. Adherence with South Coast Air Quality Management District Rule 1113 will substantially reduce adverse construction emissions to the extent which is reasonably feasible. 0 0 SECTION 7. All feasible mitigation measures, which are within the jurisdiction of the City of Rosemead, as identified in the Final Environmental Impact Report have been incorporated into the project and represent the fullest extent to which the project-related impacts can be reasonably avoided and/or substantially lessened. SECTION 8. Unavoidable adverse impacts are outweighed by the project benefits related to economic, social, employment and other considerations which include fulfilling goals, objectives and policies as defined in the City of Rosemead General Plan; providing infrastructure and improvements that will benefit the community; providing incentives that will encourage the elimination of the rehabilitation and revitalization of the project area and eliminate blight; expanding the commercial/industrial sector with establishments that improve the City's sales tax revenues and provide job opportunities; and, improving vehicular and pedestrian circulation, access and parking conditions in the project area. SECTION 9. The Final Environmental Impact Report did not identify project alternatives which would reduce environmental impacts while still substantially achieving the project objectives, and the proposed project was determined to be the environmentally superior alternative. SECTION 10. The City Council shall make available the Environmental Impact Report and other related materials which constitute the record of the proceedings upon which its decision is based at the Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead, California. SECTION 11. When considering the whole record, there is no evidence that the project will have the potential for adverse effects on historic resources, wildlife resources or the habitat on which wildlife depends. SECTION 12. Ten days after the approval of this resolution, the City of Rosemead shall submit a fee of $25.00, required by the County of Los Angeles, for the filing of a Certificate of Fee Exemption and de minimis findings pursuant to AB 3158 and the California Code of Regulations. PASSED, APPROVED AND ADOPTED this 13th day of June 2000. Mayor 61 City of Rosemead ATTEST: City Clerk = City of Rosemead 0 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2000-32 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, APPROVING AND CERTIFYING THE FINAL ENVIRONMENTAL HOPACT REPORT FOR THE REDEVELOPMENT PLAN IN ADOPTION OF THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 was duly adopted at an Adjourned Regular Meeting of the City Council and Regular Meeting of the Rosemead Redevelopment Agency on the 13'h day of June, 2000, by the following vote to wit: YES: COLTNCILMEM13ERS: VASQUEZ, BRUESCH, CLARK, RvIPERIAL, NO: COUNCELME MBERS: TAYLOR ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCELMEMBERS: NONE NANCY VAL ERRAMA, CITY CLERK 'S 1 AGENDA:CERnFY ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the City Council of the City of Rosemead has received from the Rosemead Redevelopment Agency (the "Agency") the proposed Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2, a copy of which is on file at the office of the City Clerk, 8838 East Valley Blvd, Rosemead, California, and at the office of the Agency at the same address, together with the report of the Agency including the reasons for the selection of the Project Area, a description of the physical, social and economic conditions existing in the Project Area, the proposed method of financing the redevelopment of the ` Project Area, a plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities in the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Rosemead, a summary of consultations with Project Area owners and businesses, an environmental impact report which includes the Project Area described in the Redevelopment Plan, a summary of consultations with taxing agencies, and an implementation plan; and r i WHEREAS, Planning Commission of the City of Rosemead has submitted to the City Council its report and recommendations concerning the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the' City of Rosemead; and WHEREAS, the Planning Commission on December 20, 1999 held a public hearing on the Draft Environmental Impact Report, prepared in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and the guidelines for implementation of the California Environmental Quality Act (14 Cal. Adm. Code Section 15000 et seq.) and the EIR was thereafter revised and supplemented to incorporate comments received and responses thereto; and WHEREAS, the Agency and City Council have certified the adequacy of the EIR, submitted pursuant to Public Resources Code Section 21151 and 1Iealth and Safety Code Section 33352, and have determined that the redevelopment of the Project Area pursuant to the Redevelopment Plan will have unavoidable significant impacts that cannot be fully mitigated by the measures and recommendations identified in the EIR; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Plan because of the limited number of residences, the extensive public participation process conducted by the Agency and the distribution of the Redevelopment Plan to all residents on May 31, 2000; and WHEREAS, the City Council and the Agency held a joint public hearing on June 13, 2000 on adoption of the Redevelopment Plan in the Rosemead City Council Chambers, 8838 East Valley Blvd., Rosemead, California; and -1- WHEREAS, notice of said hearing was duly and regularly published in the San Gabriel Valley Tribune, a newspaper of general circulation in the City of Rosemead, once a week for four successive weeks prior to the date of said hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and the Secretary of 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 Los Angeles for each parcel of land in the Project Area not less than 30 days prior to the hearing; and WHEREAS, copies of the notice of joint public hearing were mailed to all residents and businesses within the Project Area whose addresses were reasonably obtainable by the Agency not less than 30 days prior to the hearing; and WHEREAS, each assessee in the Project Area whose property would be subject to acquisition by purchase, or condemnation under the provisions of the Redevelopment Plan was sent a notice of the joint public hearing, including a statement to such effect, a map and legal description of the Project Area; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, and the EIR, 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 the Redevelopment Plan and has made written findings in response to each written objection of an affected property owner and taxing entity. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Project Area are to accomplish the following: a) The elimination and prevention of the spread of blight and deterioration and the conservation, rehabilitation and redevelopment of the Project Area in accord with the General Plan, the Redevelopment Plan and local codes and ordinances. b) The promotion of new and continuing private sector investment within the Project Area to prevent the loss of, and to facilitate, commercial sales activity. c) The achievement of an environment reflecting a high level of concern for architectural, landscape and urban design and land use principles appropriate for attainment of the objectives of this Redevelopment Plan. d) The retention and expansion of as many existing businesses as possible by means of redevelopment and rehabilitation activities and by encouraging and assisting the -2- cooperation and participation of owners, businesses, and public agencies in the revitalization of the Project Area. e) The provision for increased sales, business license, and other fees, taxes and revenues to the City of Rosemead. 0 The creation and development of local job opportunities and the preservation of the area's existing employment base. e) The replanning, redesign and development of areas which are stagnant or improperly utilized. 0 The extension of the community's supply of housing (inside or outside the Project Area), including opportunities for very low-, low- and moderate-income households. Section 2. The City Council hereby finds and determines, based on . substantial evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan held on June 13, 2000, that: a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). This finding is based on the following conditions which predominate in the Project Area: (1) The existence of buildings and structures used or intended to be used for commercial, industrial or other purposes which have the following factors that substantially hinder the economically viable use or capacity of buildings and lots, namely age and obsolescence, physical deterioration, substandard design, lack of parking, and inadequate size given present market conditions; and • (2) The existence of subdivided lots of irregular form and shape and inadequate in size for proper usefulness and development that are in multiple ownership. (3) A prevalence of depreciated or stagnant property values and impaired investments, including but not limited to declines in assessed values, and vacancy in portions of the Project Area; and (4) The existence of adjacent or nearby uses that are incompatible with each other and which prevent economic development of those parcels or other portions of the Project Area, including but not limited to the presence of residential uses next to commercial parcels which prevent expansion of commercial uses to meet current economic requirements of the private market; and (5) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, which cannot be remedied by private or governmental action without redevelopment. -3- Such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the area to such an extent that it constitutes a serious physical, social and economic burden on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This finding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action. b) The Project Area is an urbanized area. This finding is based upon the fact that not less than eighty percent (80%) of the privately owned property in the Project Area has been or is developed for urban uses, as demonstrated by the Agency's report to City Council. In addition, as demonstrated by the Agency's report to City Council, the Project Area is part of an area developed for urban uses. c) The Redevelopment Plan will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the purposes of the Community Redevelopment Law would be attained by the project; by the elimination of areas suffering from economic dislocation or disuse; by the replanning, redesign and/or redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; by protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious conditions through appropriate means; and through the installation of new, or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities. d) The adoption and carrying out of the . Redevelopment Plan is economically sound and feasible. This finding is based on the fact that under the Redevelopment Plan the Agency will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments, generated by new investment in the Project Area, that under the Redevelopment Plan no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the financing plan included within the Agency's Report to the City Council demonstrates that sufficient financial resources will be available to carry out the Project. e) The Redevelopment Plan conforms to the General Plan of the City of Rosemead, including but not limited to the City's Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65590) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Rosemead. -4- f) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the-City of Rosemead and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Project Area, and by increasing employment opportunities within the City. g) The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopment 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-Redevelopment Plan will be carried out and to prevent the recurrence of blight, and the fact that no property will be acquired until adequate funds are available to pay full compensation therefor. • h) Although the Project Area contains few dwelling units, 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. This finding is based upon the fact that the Agency has adopted a plan for the relocation of families, persons and businesses who might be displaced, temporarily or permanently, from housing facilities if any are within the Project Area, by Agency projects. The Redevelopment Plan provides for relocation assistance according to law and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. i) There shall be provided, within the Project Area or within other areas not generally less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the fact that no person or family . will be required to move from any dwelling unit until suitable replacement housing is available for occupancy, that such housing must meet the standards established in State law and regulations, in the Agency's Relocation Assistance Guidelines, the City's Housing Element, and the fact that there are no identified dwelling units in the Project Area. j) Inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33676 of the Community Redevelopment Law without other substantial justification for its inclusion. In addition, all properties within Project Area boundaries were included because they were under utilized, because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the Redevelopment plan or because of the need to impose uniform requirements on the Project Area as whole. Such properties will share in the benefits of the Project. 1) The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone -5- without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including, without limitation, the demonstrated lack of private sector interest in redeveloping the Project Area properties, structural deficiencies and other indications of blight more fully enumerated in the Agency's Report to City council, and the lack of feasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiencies in the Project Area properties and facilities, and the inability and inadequacy of other governmental programs and financing mechanisms to eliminate the blighting conditions. 1) The time limitation in the Redevelopment Plan is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area are displaced, and that pending the development of such facilities, there will be available to any . such displaced residential occupants temporary housing facilities -at rents comparable to those in the City of Rosemead at the time of their displacement. No persons or families of low and moderate income shall be displaced from residencies unless and until there is a suitable housing unit available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. This finding is based upon the Relocation Assistance Guidelines and the Housing Element, and the Agency's familiarity with the local housing market. Section 4. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Section 33411 and 33411.1. Dwelling units having persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan. Section 5. Written objections to the Redevelopment Plan 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, businesses and affected taxing agencies, having been responded to in writing, and all written responses have been considered by the City Council. Section 6. That certain document entitled "Environmental Impact Report for Project Area 2, 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 incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City of Rosemead pursuant to or in implementation of the Redevelopment Plan shall be undertaken in accordance with the mitigation measures set forth in said Environmental Impact Report, and the Agency shall undertake such additional environmental reviews as necessary at the time of implementation of such activities. Section 7. That certain document entitled "Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2", the map contained therein, and such other reports as are incorporated therein by reference, 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 -6- hereby incorporated in this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved, and adopted as the official "Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2. Section& In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Redevelopment 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 Redevelopment 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 provisions of the Redevelopment Plan. Section 9. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, thereupon the Agency is vested with the responsibility for carrying out the Redevelopment Plan. Section 14. The City Clerk is hereby directed to record with the County Recorder of Los Angeles County a description of the land within the Project Area and a statement that proceedings for the redevelopment of the Project Area have been instituted under the Community Redevelopment Law. Section 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy of this Ordinance, and a map or plat indicating the boundaries of the Project Area, to the Auditor-Controller and Assessor of the County of Los Angeles, to the governing body of each of the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty days following the adoption of the Redevelopment Plan. • Section 12. The Building and Safety Department of the City of Rosemead is hereby directed for a period of two (2) years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. Section 13. The City Clerk shall certify to the adoption of this Ordinance. The City Council hereby finds that there are no newspapers of general circulation published and circulated within the City, and in compliance with Section 36933 of the Government Code, directs the City Clerk to cause said Ordinance within fifteen (15) days after its passage to be posted in at least three (3) places within the City. Section 14. If any part of this Ordinance or the Redevelopment Plan which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted. -7- adoption. Section 15. This ordinance shall be in full force and effect thirty (30) days after APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ROSEMEAD, THIS DAY OF , 2000 MAYOR CITY OF ROSEMEAD ATTEST- CITY CLERK CITY OF ROSEMEAD is -8- STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 809 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 was duly adopted at a regular meeting of the Rosemead City Council on the 27th day of June, 2000, by the following vote to wit: YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL NO: COUNCILMEMBER TAYLOR ABSENT: NONE ABSTAIN: NONE r CITY ER ORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION AND DECLARING THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO BE THE COMMUNITY DEVELOPMENT COMMISSION WHEREAS, Health and Safety Code Section 34115 provides that the City Council may activate a Community Development Commission within a-community by enacting an ordinance declaring the need for a Community Development Commission to function in the community; and is WHEREAS, Health and Safety Code Section 34120(a) provides that the City Council may, at the time of adopting such an ordinance declaring that there is a need for a Community Development Commission. declare itself to be said Commission and become vested with all the rights, powers, duties, privileges and immunities of such a Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Rosemead hereby declares that there is a need for a Community Development Commission in the City of Rosemead to function with respect to the Rosemead Redevelopment Agency. Section 2. The City Council declares itself to be the Community Development Commission of the City Rosemead. Section 3. All officers and employees of the Rosemead Redevelopment Agency are hereby selected and appointed to the same corresponding positions within the Community Development Commission. All agreements and contractual arrangements heretofore entered into by both the Redevelopment Agency and the City of Rosemead are hereby adopted and ratified on behalf of the Community Development Commission. . Section 4. All by-laws, rules and procedures heretofore adopted by the Rosemead Redevelopment Agency are hereby adopted as the by-laws, rules and procedures of the Community Development Commission, subject to amendment by the Commission in accordance with their terms. Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be processed in accordance with state law. PASSED, APPROVED and ADOPTED this day of , 200. ~ayjr, City of Rosem ad 0 ATTEST: City Clerk 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD . I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 821being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DECLARING THE NEED FOR A COMMUNITY DEVELOPMENT COMMISSION AND DECLARING THE CITY COUNCIL OF THE CITY OF ROSEMEAD TO BE THE COMMUNITY DEVELOPMENT COMMISSION was duly adopted at a regular meeting of the Rosemead City Council on the 22nd day of January 2002, by the following vote to wit: YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL NO: TAYLOR • ABSENT: NONE ABSTAIN: NONE CITY CLE ORDINANCE NO. 822 AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER I IN ACCORDANCE WITH SECTION 33333.6(e)(2) OF THE COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds, determines and declares that this Ordinance is enacted pursuant to the authority of Health and Safety Code section 33333.6(e)(2) for the purpose of amending the Redevelopment Plan for Project Area 1, as enacted by Ordinance No. 340 on June 27, 1972, and subsequently amended, by eliminating therefrom the Redevelopment Plan's January 1, 2004 time limit on the establishment of loans, advances, and indebtedness. Section 2. The Redevelopment Plan is hereby amended by deleting the provisions in Part 6, entitled "FINANCING LIMITATIONS AND DURATION OF REDEVELOPMENT PLAN'S EFFECTIVENESS" that were added by Ordinance No. 752 adopted December 20, 1994, and replacing said provisions with the following: DURATION OF REDEVELOPMENT PLAN'S EFFECTIVENESS Notwithstanding any provisions of this Plan to the contrary, consistent with • section 33333.6 of the California Community Redevelopment Law, the following limitations are imposed on this Plan: This Plan, including the land use and development control provisions, shall be effective until June 27, 2012. After June 27, 2012, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts or other obligations, provided, however, that this prohibition shall not limit actions designed to eliminate housing program project deficits or to implement a replacement housing program, as more particularly authorized by section 33333.6(8) of the Community Redevelopment Law. The Agency shall not pay indebtedness or receive property taxes pursuant to section 33670 after June 27, 2022, the dat+ that is ten years from the termination of the effectiveness of this Plan, provided, however, that this prohibition shall not limit allocation of taxes for the purpose of eliminating housing program project deficits or implementing a replacement housing program, as more particularly authorized by section 33333.6(g) of the Community Redevelopment Law, nor shall it limit allocation of taxes to pay indebtedness incurred prior to January 1, 1994, including the indebtedness incurred by Redevelopment Project Area No. I Tax Allocation Bonds, Series 1993A and Redevelopment Project Area No. 1 Taxable Tax Allocation Refunding Bonds, Series 1993B." Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be processed in ae ordance with state law. PASSED, APPROVED and ADOPTED this aday ofd 2002. M o ` City of Rose ad ATTEST: C~ ct~r>z 0 STATE OF CALIFORNIA ) COUNTY-OF LOS ANGELES ) ss. CITY OF ROSEMEAD is I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 822 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, AMENDING PART b OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER I IN ACCORDANCE WITH SECTION 33333.6(e)(2) OF THE COMMUNITY REDEVELOPMENT LAW was duly adopted at a regular meeting of the Rosemead City Council on the 22nd day of January 2002, by the, following vote to wit: YES: COUNCILMEMBERS, NO: TAYLOR • ABSENT: NONE ABSTAIN: NONE VASQUEZ, BRUESCH, CLARK, IMPERIAL CITY CLERK ORDINANCE NO. 832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH SECTION 33333.6(e)(2)(C) OF THE COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: • Section 1. The City Council finds, determines and declares that this Ordinance is enacted pursuant to the authority of Health and Safety Code section 33333.6(e)(2)(C) as amended by SB 1045 for the purpose of amending the Redevelopment Plan for Project Area 1, as enacted by Ordinance No. 340 on June 27, 1972, and subsequently amended, by extending the duration of the Redevelopment Plan's effectiveness and the duration of the receipt of tax increment. Section 2. Part 6, entitled " DURATION OF REDEVELOPMENT PLAN'S EFFECTIVENESS of the Redevelopment Plan is hereby amended to read as follows: DURATION OF REDEVELOPMENT PLAN'S EFFECTIVENESS Notwithstanding any provisions of this Plan to the contrary, consistent with section 33333.6 of the California Community Redevelopment Law, the . following limitations are imposed on this Plan: This Plan, including the land use and development control provisions, shall be effective until June 27, 2013. After June 27, 2013, the Agency shall have no authority to act pursuant to this Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations, provided, however, that this prohibition shall not limit actions designed to eliminate housing program project deficits or to implement a replacement housing program, as more particularly authorized by section 33333.6(g) of the Community Redevelopment Law. The Agency shall not pay indebtedness or receive property taxes pursuant to section 33670 after June 27, 2023, the date that is ten years from the termination of the effectiveness of this Plan, provided, however, that this prohibition shall not -1- limit allocation of taxes for the purpose of eliminating housing program project deficits or implementing a replacement housing program, as more particularly authorized by section 33333.5(g) of the Community Redevelopment Law, nor shall it limit allocation of taxes to pay indebtedness incurred prior to January 1, 1994, including the indebtedness incurred by Redevelopment Project Area No. 1 Tax Allocation Bonds, Series 1993A and Redevelopment Project Area No. 1 Taxable Tax Allocation Refunding Bonds, Series 1993B." Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause 40 the same to be processed in accordance with state law. PASSED, APPROVED and ADOPTED this 2716 day of July, 2004. C~ Mayor, C' of Rosemead ATTEST: • ~.I hereby certify that the foregoing Ordinance No. was duly and regularly adopted.by the • City Clerk Rosemead City Council ar a regular meeting held on the 27th day of July 2004, by the following vote: Yes: Clark, Imperial, Taylor, Alarcon, Vasquez No: None, Absent: None, Abstain: None City Cler -2- i STATE OF CALIFORNIA . ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 832 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING PART 6 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 1 IN ACCORDANCE WITH SECTION 33333.6(e)(2)(c) OF THE COMMUNITY REDEVELOPMENT LAW • was duly adopted at a regular meeting of the Rosemead City Council on the 27`h day of July, 2004 by the following vote to wit: YES: COUNCILMEMBERS, VASQUEZ, ' ALARCON CLARK, IMPERIAL, TAYLOR NO NONE ABSENT: NONE ABSTAIN: NONE • City Clerk ORDINANCE NO. $33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTIONS 530 and 610 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NUMBER 2 IN ACCORDANCE WITH SECTION 33333.2(c) OF THE COMMUNITY REDEVELOPMENT LAW THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: • Section 1. The City Council finds, determines and declares that this Ordinance is enacted pursuant to the authority of Health and Safety Code section 33333.2(c) as amended by SB 1045, for the purpose of amending the Redevelopment Plan for Project Area 2, as enacted by Ordinance No. 2000-34 on June 27, 2000, by extending the duration of the Redevelopment Plan's effectiveness and the duration of the time during which indebtedness must be repaid. Section 2. Section 530 of the Redevelopment Plan is hereby amended to read as follows: 0530) FINANCING LMTATIONS • Consistent with CRL Section 33333.2, the following financing limitations are imposed on this Plan: The total outstanding principal of any bonds so issued and repayable from tax increment from the Project Area shall not exceed 25 million ($25,000,000) at any one time, except by further amendment of the Plan. The Agency shall not establish or incur loans, advances, or indebtedness to be paid with the proceeds of property taxes received pursuant to Section 510 of the Plan beyond twenty (20) years from the adoption date of the City Ordinance approving this Plan for the Redevelopment Project Area No. 2 nor shall such loans, advances or indebtedness be repayable beyond 46 years (June 27, 2046) therefrom. These time limits shall not prevent the Agency from incurring debt to be paid from the Low and Moderate Income Housing Fund (see Section 550) or establishing more debt in order to fulfill the Agency's obligations pursuant to CRL Section 33413. These time limits shall not prevent the Agency from refinancing, refunding or restructuring indebtedness after the time limit if the indebtedness is not increased and the time during which the indebtedness is to be repaid is not extended beyond the time limit contained in Section 610 of this Plan. The time limit for the Project Area may be extended by amendment to the Plan for a period not to exceed 10 years more than the time limits established above upon a finding by the Agency that significant blight remains in the Project Area and that the remaining blight cannot be eliminated without establishment of addition debt. Section 3. Section 610 of the Redevelopment Plan is hereby amended to read as follows: . (§610) DURATION OF THIS PLAN'S DEVELOPMENT CONTROLS. The Agency shall have no authority to act pursuant to the Plan, except to pay previously incurred indebtedness, to enforce existing covenants or contracts, including nondiscrimination and nonsegregation provisions, which shall run in perpetuity, and to complete its housing obligation is accordance with CRL Section 33413 after 31 years (June 27, 2031) from the date of the adoption of this Plan for Redevelopment Project Area No. 2. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be processed in accordance with state law. • PASSED, APPROVED and ADOPTED this 27'h day of July, 2004. Mayor, (City of Rosemead ATTEST: C I hereby certify that the foregoing Ordinance No. Z~& 833 was duly and regularly adopted by the Rosemead City Council at a-regular,meeting held City Clerk on the 27th day of July 2004, by the following vote: Yes: Clark, Imperial, Taylor, Alarcon, Vasquez No: None, Absent: None, Abstain: None City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF ROSEMEAD I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 833 being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING SECTIONS 530 AND 610 OF THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2 IN ACCORDANCE WITH SECTION 33333.2(c) OF THE COMMUNITY REDEVELOPMENT LAW was duly adopted at a regular meeting of the Rosemead City Council on the 276 day of July, 2004 by the following vote to wit: YES: COUNCILMEMBERS, VASQUEZ,' WCON ; CLARK, IMPERIAL, TAYLOR NO: NONE ABSENT: NONE ABSTAIN: NONE . City Clerk ORDINANCE NO. 853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, CONTAINING A DESCRIPTION OF THE COMMUNITY DEVELOPMENT COMMISSION'S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN REDEVELOPMENT PROJECT AREA NO. 1 AND REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the City Council of the City of Rosemead, California ("City Council") adopted Ordinance No. 340 on June 27, 1972, approving and adopting the Redevelopment Plan for the Redevelopment Project Area No. 1 (the "Redevelopment • Plan No. I"); and WHEREAS, the City Council of the City of Rosemead, California ("City Council") adopted Ordinance No. 809 on June 27, 2000, approving and adopting the Redevelopment Plan for the Redevelopment Project Area No. 2 (the "Redevelopment Plan No. 2"); and WHEREAS, the Community Development Commission of the City of Rosemead ("Commission") has been designated as the official redevelopment agency in the City of Rosemead to carry out the functions and requirements of the Community Redevelopment Law of the State of California ("CRL") (Health and Safety Code Section 33000 et seq.) and to implement Redevelopment Plan No. 1 and Redevelopment Plan No. 2; and WHEREAS, Part b - Implementation Provisions of the Redevelopment Plan No. 1 contains Commission authority to acquire property by eminent domain; and • WHEREAS, Section III - Redevelopment Implementation, C.1 of the Redevelopment Plan No. 2 contains Commission authority to acquire property by eminent domain; and WHEREAS, Section 33342.7 of the Health and Safety Code, which was added by Senate Bill 53 ("SB 53") and which took effect on January 1, 2007, requires a legislative body that has adopted a redevelopment plan prior to January 1, 2007, to adopt an ordinance on or before July 1, 2007, describing the agency's program to acquire real property by eminent domain. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Program of the Community Development Commission of the City of Rosemead to Acquire Real Property By Eminent Domain. A. The Commission's authority to use the power of eminent domain to acquire real property with respect to Redevelopment Project Area No. 1 shall be in accordance with the Redevelopment Plan for Project Area No. I which provides, in Part 6, that the Commission may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, purchase, eminent domain, or any other lawful method. The Commission currently has no plans to acquire property within Project Area No. I through the use of eminent domain, but reserves the right to do so pursuant to Health and Safety Code § 33333.2. The Commission has not elected to extend the twelve year time limitation for exercising eminent domain powers to acquire real property in Project Area No. 1. B. The Commission's authority to use the power of eminent domain to acquire real property with respect to Redevelopment Project Area No. 2 shall be in accordance with the Redevelopment Plan for Project Area No. 2 which provides, Section III.C.1, that the Commission may acquire, but is not required to acquire, any real property • located in the Project Area by gift, devise, exchange, purchase, or any other lawful means, including eminent domain. Notwithstanding the foregoing, and as provided in Section III.C.I of Redevelopment Plan No. 2, eminent domain proceedings, if used, must be commenced within twelve (12) years from the effective date of Ordinance No. 809, i.e., by June 27, 2012. Once the foregoing described twelve (12) year period has expired the Commission may not use eminent domain to acquire real property unless that time limitation has been extended by amendment of Redevelopment Plan No. 2 except as may otherwise be provided by the CRL or other applicable law. C. The Commission shall use the power of eminent domain to acquire real property only if negotiations for the voluntary purchase and sale of real property do not result in the acquisition by the Commission of real property that the Commission has the power to acquire pursuant to the Redevelopment Plan No. 2 and the CRL. D. When exercising the power of eminent domain to acquire real property pursuant to, and as limited by, the Redevelopment Plan No. 2, the Commission shall comply with all applicable provisions of federal, state, and local laws and regulations, including but not limited to the United States Constitution, the California Constitution, the Eminent Domain Law of the State of California (Code of Civ. Proc. § 1230.010 et seq.), and the CRL. If, when exercising the power of eminent domain to acquire real property, a person or entity is a "displaced person" as defined by applicable law that would entitle such person or entity to relocation assistance, the Commission shall comply with all provisions of federal, state, and local laws and regulations requiring relocation assistance, if and to the extent applicable, including but not limited to the United States Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. § 4601 et seq.) and implementing regulations, the California Real Property Acquisition and Relocation Assistance Act (Gov. Code § 7260 et seq. Article 9 of Chapter 4 of Part 1 of the CRL (Gov. Code § 33410 et seq.), Title 25 of California Code of Regulations Section 6000 et seq., Redevelopment Plan No. 2, and the Commission's adopted Relocation Method. E. Nothing in this Ordinance is intended to, or shall, act to limit or extend the authority of the Commission or the City as may be provided in the Redevelopment Plan No. 2 or the CRL or other applicable law or regulation. F. Except as may otherwise be provided in the CRL or other applicable law, the Commission's program to acquire real property by eminent domain as set forth in this Ordinance may be changed only by amending the Redevelopment Plan No. 2 pursuant to the CRL. Section 2. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission. Section 3. 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 4. The City Clerk will certify to the passage of this Ordinance by the City Council, and cause the same to be published once in the San Gabriel Valley Tribune, a newspaper of general circulation, published and circulated in , and it will take effect thirty (30) days after its final passage. PASSED AND ADOPTED this 24th day of May, 2007, by the following vote: AYES: CLARK, LOW, NUNEZ, TAYLOR, TRAN NOES: • ABSTAIN: ABSENT: ATTEST: 6ia City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Nina Castruita, City Clerk of the City of Rosemead, do hereby certify that Ordinance No. 853 was duly and regularly approved and adopted by the Rosemead City Council on the 29th of May, 2007, by the following vote to wit: Yes: CLARK, LOW, NUNEZ, TAYLOR, TRAN No: None Absent: None Abstain: None "I A-06 Nina Castruita City Clerk 0 r RESOLUTION NO. 08-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD FILING ITS REPORT , AND RECOMMENDATION CONCERNING THE PROPOSED AMENDMENT TO MERGE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND PROJECT AREA NO. 2 AND ITS CONFORMITY TO THE CITY'S GENERAL PLAN, AND RECOMMENDING TO THE CITY COUNCIL THAT SAID AMENDMENT BE APPROVED WHEREAS, the City Council of the City of Rosemead (the "City Council") and the Rosemead Community Development Commission (the "Commission") operating and governing the City's Redevelopment Agency pursuant to Section 34112 of the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000 et seq.) are in the. process of merging the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 1 and the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2; and WHEREAS, according to the CCRL, the merger of two or more redevelopment project areas is considered as, and processed under the rules of, an amendment (the " Amendment"); and WHEREAS, pursuant to procedures codified within the CCRL, draft language for the Amendment has been prepared; and WHEREAS, Section 33346 of the CCRL requires that before a proposed redevelopment plan or amendment is submitted to the legislative body for adoption, the redevelopment agency shall submit the proposed redevelopment plan or amendment to . the planning commission for its report and recommendation, including a determination whether the proposed redevelopment plan or amendment is in conformity with the general plan; and WHEREAS, CCRL Section 333520) requires every redevelopment plan shall be accompanied by the report required by Government Code Section 65402, which provides (in pertinent part, excluding "(b)"): "(a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such. acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof." "(c) A focal agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof.": and WHEREAS, the City's General Plan (the "General Plan") contains all elements required by the State of California Government Code, commencing with Section 65300 of Chapter 3 of Division 1.of Title 7, and its housing element, required to be updated on a five year cycle, is currently being updated, and WHEREAS, the General Plan has been previously, incorporated throughout the redevelopment plans for Rosemead Redevelopment Project Area No. 1 and Project Area No. 2, and language already included to ensure conformity between said redevelopment plans and General Plan; and WHEREAS, the draft Amendment is financial in nature and proposes no land use or other changes that may affect General Plan conformity; and WHEREAS; the Planning Commission also may recommend for or against the approval of the Amendment to the City Council. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The foregoing recitals are true and correct and the Planning Commission so finds and determines. SECTION 2: The Planning Commission has reviewed the draft Amendment and the staff report accompanying this resolution, and hereby finds and determines that the draft Amendment does not affect the General Plan, and is consistent with the General Plan because the subject redevelopment plans already incorporate the General Plan and the Amendment does not make changes to the land use designations, or to other General Plan land use controls or limitations. Unless amended at some time in the future, the redevelopment plans will always conform with the land use designations, the general location and extent of existing and proposed transportation routes and other public facilities and utilities identified in the various elements of the General Plan, housing policies, and other policies contained in the General Plan's various elements as the General Plan exists now or may be amended in the future. SECTION 3: The Planning Commission hereby recommends the adoption of the draft Amendment by the City Council. SECTION 4: The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants and attorneys for the Planning Commission to take any action that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of the Amendment, the Commission or City Council desire to make any minor, or technical or clarifying changes to the draft Amendment or any documents related thereto, the Planning Commission hereby finds and determines that any such minor, technical or clarifying changes need not be referred to it for further report and recommendations. SECTION 5: The Planning Commission hereby finds and determines that this resolution shall constitute the report and recommendation of the Planning Commission to the Commission and the City Council concerning the draft Amendment. SECTION 6: This resolution is the result of an action taken by the Planning Commission on December 15, 2008 by the following vote: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE SECTION 7. The Planning Commission hereby authorizes and directs the Secretary of the Planning Commission to certify to the adoption of this resolution and to transmit copies of same to the Rosemead City Clerk, the Rosemead Community Development Commission, and the Rosemead City Council. PASSED, APPROVED AND ADOPTED this 15th day of December 2 F`1 1 Daniel Lopez, hair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15th day of December, 2008 by the following vote: YES: NO: ABSENT: ABSTAIN: GAY, KUNIOKA, LOPEZ AND V UU NONE CAM NONE • RESOLUTION NO. -CD942 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT AGENCY APPROVING ITS REPORT TO THE CITY COUNCIL PREPARED FOR THE MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 9 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2, AND AUTHORIZING TRANSMITTAL OF SAID REPORT TO THE ROSEMEAD CITY COUNCIL WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California, specifically the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000, et seq.) and pursuant to such laws is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"); and WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance No. 340 adopted June 22, 1972, the City'Council of the City of Rosemead (the "City Council") adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 1 ("Plan No. 1" and "Project Area No. 1," respectively); and subsequently amended Plan No. 1 on December 9, 1986, by Ordinance No. 592, December 20 1994, by Ordinance • No. 752 and January 22, 2002, by Ordinance No. 822; and - WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council adopted the Redevelopment Plan -for the Rosemead Redevelopment Project Area No. 2 ("Plan No. 2" and "Project Area No. 2," respectively); and WHEREAS, pursuant to CCRL Article 12, commencing with Section 33450, the City Council, by ordinance, may amend a redevelopment plan any time after its adoption upon the recommendation of the Commission; and WHEREAS, in accordance with CCRL Article 16, commencing with Section 33485, the City Council may, by amendment of each affected redevelopment plan, "merge" redevelopment project areas if such merger results in substantial benefit to the public and contributes to the revitalization of blighted areas through the increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas; and WHEREAS, the Commission has prepared a proposed amendment (the "Merger Amendment") to Plan No. 1 and Plan No. 2 (collectively, the "Plans") for the sole purpose of merging Project Areas No. 1. and No. 2 (collectively, referred to as the "Project Areas"); and the Merger Amendment does not change any other aspect of the Plans or the Project Areas; and 0 WHEREAS, as part of the redevelopment plan amendment process, the Commission has caused to be prepared and has reviewed its Report to the City Council • (the "Report," including all materials contained in the Evidentiary Binder for the Merger Amendment in accordance with the requirements of CCRL Sections 33352 and 33457.1. NOW, THEREFORE, BE IT RESOLVED by the Rosemead Community Development Commission as follows: . Section 1. The facts set forth above in this Resolution are true and correct and a substantive part of this Resolution. Section 2. The Agency approves the Report for the Merger Amendment, which is on file in the Commission's offices, and which is incorporated herewith and made part hereof by this reference. Section 3. The Executive Director of the Agency is hereby authorized and directed to transmit the Report to the City Council. Section 4. This Resolution shall take effect upon the date of its adoption. Section 5. The Secretary of the Commission shall certify to the passage and adoption of this Resolution whereupon it shall take immediate effect and be in force. PASSED, ADOPTED AND APPROVED this 10th day of February 2009. • 1t- JOHVRAN, CHAIRMAN ATTEST: GLORIA MOLLEDA, SECRETARY APPROVED AS TO FORM: CI ATT Y 2 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES SS. CITY OF ROSEMEAD I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-02: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT AGENCY APPROVING ITS REPORT TO THE CITY COUNCIL PREPARED FOR THE MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. 2, AND AUTHORIZING TRANSMITTAL OF SAID REPORT TO THE ROSEMEAD CITY COUNCIL was duly and regularly approved by the Community Development Commission on the 10th of February 2009 with the following vote to.wit: Yes: Low, Nunez, Tran No: Clark Abstain: None Absent: Taylor l Gloria Molleda Commission Secretary RESOLUTION NO. aXqM A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION CONSIDERING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California; specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.), and the Commission is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"); and WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance No. 340 adopted June 22, 1972, the City Council of the City of Rosemead (the "City Council" and "City," respectively) adopted the Redevelopment Plan for the ,Rosemead Redevelopment Project Area No. 1 ("Plan No. 1" and "Project Area No. 1," respectively); and subsequently amended Plan No. 1 on December 9, 1986 by Ordinance No. 592, December 20 1994 by Ordinance No. 752 and January 22, 2002 by Ordinance No. 822; • and WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council of the City adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2 ("Plan No. 2" and "Project No. 2," respectively); and WHEREAS, in accordance with the provisions of the CCRL, Section 33450, the Commission has prepared a proposed amendment (the "Merger Amendment") to Plan No. 1 and Plan No. 2 for the sole purpose of merging Project Areas No.1 and No. 2 (hereafter, as proposed to be amended by the Merger Amendment, Project Areas No. 1 and No. 2 are referred to as the "Merged Project Area,"); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA; Public Resources Code, Section 21000, etseq., referred to as the "CEQA Statutes," and Title 14, California Code of Regulations, Section 15000, et seq., referred to as the "CEQA Guidelines"), the Commission is the "Lead Agency" as defined under CEQA Statutes, Section 21067 and the Board of Directors of the Commission (the "Board") is the decision- making body of the Lead Agency; and WHEREAS, in accordance with CEQA Statutes, Sections 21080(c) and 21091(b), and CEQA Guidelines, Section 15072, the Commission caused an Initial Study/Environmental Checklist (the "Initial Study") to be prepared and, based thereon, prepared and circulated a proposed Negative Declaration of Environmental Impact,(the "Negative Declaration") and Notice of Intent to Adopt Negative Declaration for the Merger Amendment for public review for a not-less-than 30-day period; and Reso_RDA_ApprvNegDec_Fnl WHEREAS, in accordance with CEQA Guidelines, Section 15074(b), the Board, as the decision-making body of the Lead Agency, must consider the Negative Declaration for the Merger Amendment together with any comments received during the public review period before making its decision on approving and recommending the Merger Amendment be adopted by the City Council; and WHEREAS, public notice having been duly given, a full and fair public hearing has been held on the Merger Amendment and the Negative Declaration therefor, and the Commission has considered all written and all oral comments and testimony relating thereto and is fully advised thereon; and WHEREAS, in accordance with CEQA Guidelines, Section 15074(b), the Board shall adopt the Negative Declaration if it finds, based upon the whole record before it, that there is no substantial evidence that the Merger Amendment will have a significant effect on the environment and the Negative Declaration reflects the Commission's independent judgment and analysis; and WHEREAS, copies of all documents and the record of proceedings related to the Commission's approval and adoption of the Negative Declaration are in the custody of the City Clerk of the City of Rosemead, Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead, CA 91770 and are available for public inspection. NOW, THEREFORE BE IT RESOLVED by the Rosemead Community Development Commission as follows: Section 1. The above facts are true and correct and a substantive part of this Resolution. Section 2. The Commission has independently reviewed and analyzed the Negative Declaration, including the Initial Study, together with any comments received during the public review period and at the public hearing convened specifically for the consideration of adoption of the Negative Declaration and approval of the Merger Amendment. Any written comments received during the public review period are hereby incorporated into the official record of proceedings. Section 3. The Commission finds and declares that it has provided public notice in accordance with CEQA Statutes Section 21091 and CEQA Guidelines, Section 15072 for a reasonable period of time, not less than the requisite 30 days prior to its consideration of this Resolution to adopt the Negative Declaration. Section 4. The Commission finds, on the basis of the whole record before it, including the Initial Study, the Negative Declaration prepared for the Merger Amendment, all comments received during the public review process, and the public hearing convened specifically for the adoption of the Negative Declaration and approval of the Merger Amendment that, because of the administrative and fiscal nature of the Merger Amendment, there is no substantial evidence the Merger Amendment will have a significant • Reso_RDA ApprvNegDec_FnI 2 effect on the environment and, therefore, no mitigation measures or mitigation monitoring program are required as a condition of adoption of the Merger Amendment. Section 5. The Commission further finds that: i) the Negative Declaration reflects the independent judgment of the Commission as Lead Agency; ii) the Merger Amendment causes the "merger" of Project Area No. 1 and Project Area No. 2 for fiscal and administrative purposes; iii) no impacts have been identified in the Initial Study to be caused as a result of "merging" Project Area No. 1 and Project Area No. 2; iv) the Merger Amendment does not add territory to the Merged Project Area, proposes no new projects to the existing projects and programs lists, nor in any other way affects the Merged Project Area. Section 6. The Commission hereby approves and adopts the Negative Declaration prepared for the Merger Amendment. Section 7. Within five (5) working days of the time that the Merger Amendment is approved and adopted by the City Council, Commission staff is directed to file a Notice of Determination with the Los Angeles, County Clerk pursuant to the provisions of CEQA Statutes, Section 21152. Section B. The Secretary shall certify to the passage and adoption- of this Resolution, whereupon it shall take immediate effect and be in force. • PASSED, ADOPTED AND APPROVED this 10th day of February 2009. ATTEST: GLORIA MOLLEDA, SECRETARY Reso_RDA_ApprvNegDec_Fnl JOHN rFAN, CHAIRMAN APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD } I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-03: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION CONSIDERING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. 2 was duly and regularly approved by the Community Development Commission on the loth of February of 2009, by the following vote to wit: Yes: Low, Nunez, Tran No: Clark Abstain: None Absent: Taylor aria Molleda Commission Secretary RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CONSIDERING AND ADOPTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California; specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.), and the Commission is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"); and WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance No. 340 adopted June 22, 1972, the City Council of the City of Rosemead (the "City' Council" and "City," respectively) adopted the Redevelopment Plan for the Rosemead Redeveloprrlent Project Area No. 1 ("Plan No. 1" and "Project Area No. 1," respectively); and subsequently amended Plan No. 1 on December 9, 1986, by Ordinance No. 592, December 20 1994, by Ordinance No. 752 and January 22, 2002, by Ordinance No. 822; • and WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council of the City adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2 ("Plan No. 2" and "Project No. 2," respectively); and WHEREAS, in accordance with the provisions in CCRL, Section 33450, the Commission has prepared a proposed amendment (the "Merger Amendment") to Plan No. 1 and Plan No. 2 for the sole purpose of merging Project Areas No.1 and No. 2 (hereafter, as proposed to be amended by the Merger Amendment, Project Areas No. 1 and No. 2 are referred to as the "Merged Project Area,"); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA; Public Resources Code, Section 21000, et seq., referred to as the "CEQA Statutes," and Title 14, California Code of Regulations, Section 15000, et seq., referred to as the "CEQA Guidelines"), the Commission is the "Lead Agency" as defined under CEQA Section 21067 and the Board of Directors of the Commission is the decision-making body of the Lead Agency; and WHEREAS, in accordance with CEQA Statutes, Sections 21080(c) and 21091(b), and CEQA Guidelines, Section 15072, the Commission caused an Initial Study/Environmental Checklist (the "Initial Study") to be prepared, and. based thereon, prepared and circulated a proposed Negative Declaration of Environmental Impact (the "Negative Declaration") and Notice of Intent to Adopt Negative Declaration for the Merger Amendment for public review for a not=less-than 30-day period; and Reso_CC_ApprvN e9Dec_Fn] WHEREAS, in accordance with CEQA Guidelines, Section 15074, the City Council, as a Responsible Agency as defined under CEQA Statutes, Section 21069, must consider the Negative Declaration fo(the Merger Amendment together with any comments received during the public review period before making its decision to adopt the Merger Amendment; and WHEREAS, public notice having been duly given, a full and fair joint public hearing has been held on the Merger Amendment and the Negative Declaration therefor, and the City Council has considered all written and all oral comments and testimony relating thereto and is fully advised thereon; and WHEREAS, in accordance with CEQA Guidelines, Section 15074, the City Council may approve and adopt the Negative Declaration if it finds, based upon the whole record before it, that there is no substantial evidence that the Merger Amendment will have a significant effect on the environment and the Negative Declaration reflects the City Council's independent judgment and analysis; and WHEREAS, copies of all documents and the record of proceedings related to the City Council's approval and adoption of the Negative Declaration are in the custody of the City Clerk of the City of Rosemead, Rosemead City Hall, 8838 E. Valley Boulevard; Rosemead, CA 91770 and are available for public inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rosemead as follows: Section 1. The above facts are true and correct and a substantive part of this Resolution. Section 2. The City Council has independently reviewed and analyzed the Negative Declaration, including the Initial Study, together with any comments received during the public review period and at the public hearing convened specifically for the consideration of adoption of the Negative Declaration and approval of the Merger Amendment. Any written comments received during the public review period are hereby incorporated into the official record of proceedings. Section 3. The City Council finds and declares that public notice has been provided in accordance with CEQA Statutes Section 21091 and CEQA Guidelines, Section 15072 for a reasonable period of time, not less than the requisite 30 days prior to its consideration of this Resolution to adopt the Negative Declaration. Section 4. The City Council finds, on the basis of the whole record before it, including the Initial Study, the Negative Declaration prepared for the Merger Amendment, all comments received during the public review process, and the public hearing convened specifically for the adoption of the 'Negative Declaration and approval of the Merger Amendment, that, because of the administrative and fiscal character of the Merger Amendment, there is no substantial evidence in the record the Merger Amendment will have a significant effect on the environment and, therefore, no mitigation measures or Reso_CC_AppivNegDea_Fnl 2 mitigation monitoring program are required as a condition of adoption of the Merger Amendment. Section 5. The City Council further finds that: i) the Negative Declaration reflects the independent judgment of the City Council as a responsible agency and legislative body; ii) the Merger Amendment causes the "merger" of Project Area No. 1 and Project Area No. 2 for fiscal and administrative purposes; iii) no impacts have been identified in the Initial Study to be caused as a result of "merging" Project Area No. 1 and Project Area No. 2; iv) the Merger Amendment does not add territory to the Merged Project Area, proposes no new projects to the existing projects and programs lists, nor in any other way affects the Merged Project Area. Section 6. The City Council hereby adopts the Negative Declaration prepared for the. Merger Amendment. Section 7. Within five (5) working days of adoption of the Merger Amendment by the City Council, the City Clerk, in cooperation with Commission staff, is directed to file a Notice of Determination with the Los Angeles County Clerk pursuant to the provisions of CEQA Statutes, Section 21152. Section 8. The City Clerk shall certify to the passage and adoption of this Resolution, whereupon it shall take immediate effect and be in force. • PASSED, ADOPTED AND APPROVED this loth day of February 2009. v JOHN TRAN, MAYOR ATTEST: LORIA MOLLEDA, CITY CLERK 0.1 Reso_CC_ApprvNeg Dec_ Fnl APPROVED AS TO FORM: 6-L-- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-03 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSMEAD CONSIDERING AND ADOPTING THE NEGATIVE DECLARATION ON EVIRONMENTAL IMPACT FOR THE PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. l AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 was duly and regularly approved and adopted by the City Council on the 10TH of February 2009, by the following vote to wit: Yes: Low, Nunez, Tran, No: Clark, Abstain: None Absent: Taylor U Gloria Molleda City Clerk • RESOLUTION NO. ao[ % X A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California; specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code; Section 33000,. et seq.), and the Commission is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"), and WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance No. 340 adopted June 22, 1972, the City Council of the City of Rosemead (the "City Council") adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 1 ("Plan No. 1" and "Project Area No. 1," respectively); and subsequently amended Plan No. 1 on December 9, 1986, by Ordinance No. 592, December 20 1994, by Ordinance No. 752 and January 22, 2002, by Ordinance No. 822; and • WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2 ("Plan No. 2" and "Project Area No. 2," respectively); and WHEREAS, pursuant to CCRL Article 12, commencing with Section 33450, the City Council, by ordinance, may amend a redevelopment plan any time after its adoption upon the recommendation of the Commission; and further, in accordance with CCRL Article 16, commencing with Section 33485, the City Council may, by amendment of each affected redevelopment plan, "merge" redevelopment project areas if such mergers result in substantial benefit to the public and contribute to the revitalization of blighted areas through the increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas; and . WHEREAS, the Commission has prepared the proposed amendment (the "Merger Amendment") to Plan No. 1 and Plan No. 2 (collectively, hereafter, Plan No. 1 and Plan No. 2 are referred to as the "Plans") for the sole purpose of merging Project Area No.1 and Project Area No. 2 (hereafter, as proposed to be amended by the Merger Amendment, Project Area No. 1 and Project Area No. 2 are referred to as the "Merged Project Area,"); and WHEREAS, the Commission has previously adopted Relocation Assistance/Property Acquisition Guidelines (the "Relocation Guidelines") and Owner Participation and Re-entry Rules (the "Participation Rules") at the time of and as part of the f• respective adoption of the Plans; and Reso_RDA_ApprvAmend_Fnl WHEREAS, in accordance with CEQA Statutes, Sections 21080(c) and 21091(b), and CEQA Guidelines, Section 15072, the Commission caused an Initial Study/Environmental Checklist (the "Initial Study") to be prepared and, based thereon, prepared and circulated a proposed Negative Declaration of Environmental Impact (the "Negative Declaration") and Notice of Intent to Adopt Negative Declaration for the Merger Amendment for public review for a not-less-than 30-day period; and WHEREAS, on December 15, 2008 by its Resolution No. 08-33 the Planning Commission of the City, in accordance with the provisions of CCRL, Section 33346, has approved and forwarded to the Commission and the City Council its report (the "Conformity Report") and finding that the Merger Amendment conforms with the City's General Plan, and its recommendation that the Merger Amendment be approved by them-, and WHEREAS, after public notice duly given and a public hearing held in accordance with CEQA, the Commission has considered all written and oral comments, the Initial Study, and has approved the Negative Declaration completed in compliance with the provisions of CEQA, and the Conformity Report and recommendation of the Planning Commission, prior to deciding to approve the Merger Amendment and making its recommendation to the City Council with respect to that body's consideration of the Merger Amendment for adoption; and WHEREAS, in accordance with the provisions of CCRL Sections 33344.5, 33451.4 and 33488, the Commission has caused to be prepared and has transmitted its Unified Report to the affected taxing entities, and to the State Departments of Finance and Housing and Community Development, respectively; and WHEREAS, in accordance with the provisions of CCRL, Sections 33457.1, 33352 and 33486, the Commission has caused to be prepared, reviewed and approved its Report to the City Council on the Merger Amendment; and WHEREAS, the Commission has taken all other actions required by law to prepare and present the Merger Amendment. NOW, THEREFORE, BE IT RESOLVED by the Rosemead Community Development Commission as follows: Section 1. The above facts are true and correct and a substantive part of this Resolution. Section 2. The Commission hereby approves the Merger Amendment, a copy of which is on file in the office of the City Clerk, and which is incorporated herewith and made part hereof by reference, and finds that no mitigation measures for environmental impacts are required for adoption of said Amendment. Resc_RDA_ApprvAmend_Fnl 2 . Section 3. The Commission approves the existing Relocation Guidelines and Participation Rules, on file in the Commission's offices and incorporated herein by reference, which will continue to remain valid and in force within their respective areas . within the Merged Project Area upon adoption of the Merger Amendment. Section 3. The Agency hereby recommends approval and adoption of the Merger Amendment by the City Council. Section 4. The Secretary shall certify to the passage and adoption of this Resolution, whereupon it shall take immediate effect and be in force. PASSED, ADOPTED AND APPROVED this 10th day of February 2009. JOHN TR§4N, CHAIRMAN ATTEST: • ~Xrt_..___-- APPROVED AS TO GLORIA MOLLEDA, SECRETARY FORM: 10 Reso_ROA_ApprvAmend_Fnl 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-04: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PROPOSED MERGER AMENDEMENT TO THE REDEVELOPMENT PLANS FOR THE w ROSEMEAD REDEVELOPMENT PROJECT AREA NO.1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO.2 was duly and regularly approved by the Community Development Commission on the 10th of February of 2009, by the following vote to wit: Yes: Low, Nunez, Tran No: Clark Abstain: None Absent: Taylor 'ANA tadjq- Gloria Molleda Commission Secretary ORDINANCE NO. 871 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING AND ADOPTING THE MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California; specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.), and the Commission is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"); and WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance No. 340 adopted June 22, 1972, the City Council of the City of Rosemead (the "City Council") adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 1 ("Plan No. 1" and "Project Area No. 1," respectively); and subsequently amended Plan No. 1 on December 9, 1986, by Ordinance No. 592, December 20 1994, by Ordinance No. 752 and January 22, 2002, by Ordinance No. 822; and WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council adopted -the Redevelopment Plan for the Rosemead Redevelopment Project Area No. 2 ("Plan No. 2" and "Project Area No. 2," respectively); and WHEREAS, Ordinance Nos. 340, 592, 752, 822 and 809 (the "Original Ordinances"), including the findings and determinations made by the City Council therein, are made part hereof by reference, and are final and conclusive, there having been no action timely brought to question the validity of Plan No. 1, as amended, and Plan No. 2 (collectively, hereafter, Plan No. 1 and Plan No. 2 are referred to as the "Original Plans") for Project Area No. 1 and Project Area No. 2 (the "Original Project Areas"); and WHEREAS, pursuant to CCRL Article 12, commencing with Section 33450, the City Council, by ordinance, may amend a redevelopment plan any time after its adoption upon the recommendation of the Commission; and in accordance with CCRL Article 16, commencing with Section 33485, the City Council may, by amendment of each affected redevelopment plan, "merge" redevelopment project areas if such mergers result in substantial benefit to the public and contribute to the revitalization of blighted areas through the increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas; and WHEREAS, Commission has prepared a proposed amendment (the "Merger Amendment") to the Plans for the sole purpose of merging the Original Project Areas (hereafter, as proposed to be amended by the Merger Amendment, the Original Project Areas are referred to as the "Merged Project Area,"); and the Merger Amendment does not change any other aspect of the Original Plans or the Merged Project Area; and WHEREAS, the Commission has caused an initial environmental study to be prepared and based thereon it has been determined by the Commission and the City Council that a negative declaration of environmental impact (the "Negative Declaration") be adopted for the Merger Amendment in accordance with the provisions of the California Environmental Quality Act ("CEQA Statutes," Public Resources Code Section 21000 et seq., and "CEQA Guidelines," 14 California Code of Regulations, Section 15000 et seq.; collectively, the CEQA Statutes and the CEQA Guidelines are referred to as "CEQA") in response thereto; and WHEREAS, in accordance with CCRL, Sections 33344.5 and 33344.6, the Commission has caused a Unified Report for the Merger Amendment to be prepared and transmitted to each affected taxing entity as well as to the State Departments of Finance and Housing and Community Development in conformance with CCRL Section 33451.5; and WHEREAS, the City Council has received the Merger Amendment from the Commission, a copy of which is on file in the Office of the City Clerk, 8848 E. Valley Boulevard, Rosemead, California, 91770, and which is entitled, "Amendment to Merge Rosemead Redevelopment Project Area No. 1 and Project Area No. 2"; and WHEREAS, in accordance with the provisions of CCRL; Sections 33457.1 and 33452, the City Council has also received the Commission's Report to the City Council on the Merger Amendment, including, among other things: i) the reasons for amending the Original Plans; ii) a description of the physical and economic conditions existing in the Merged Project Area; iii) a map of the Merged Project Area that identifies the portions of the Merged Project Area that are no longer blighted, the portions that remain blighted, and the portions that contains necessary and essential parcels for the elimination of remaining blight, iv) descriptions of the projects and programs to eliminate remaining blight and how these projects and programs will improve conditions of blight v) reasons why projects and programs cannot be completed without the Merger Amendment; vi) proposed method of financing these projects and programs; vii) amendment to the current implementation plan; and viii) neighborhood impact report; all as required by CCRL 33451.5; which Report was approved by the Commission by its Resolution No. 2009-02, February 10, 2009, and WHEREAS, pursuant to CCRL Section 33347, the Planning Commission of the City has filed with the City Council its report (the "Conformity Report") required by CCRL Section 33346 that the Merger Amendment does not affect and is consistent with the City's General Plan, and recommending approval and adoption of the Merger Amendment; and 2 WHEREAS, the City Council and the Commission, respectively, held public hearings on February 10, 2009, in City Council Chambers, Rosemead City Hall, 8838 East Valley Boulevard, Rosemead, California, 91770; and WHEREAS, notice of said respective public hearings was duly and regularly published in the City's and Commission's newspaper of record in general circulation in the City, once a week for three successive weeks prior to the date of such respective public hearings, and a copy of said notice in English, Chinese, Vietnamese and Spanish, was mailed by first class mail to each last known assessee, as shown on the last equalized assessment roll of the County of Los Angeles, for each parcel in the Merged Project Area, and to all known residents and businesses located on each parcel in the Merged Project Area, not less than thirty (30) days prior to the date of commencement of the respective public hearings, and affidavits of such publications and such mailings are on file with the City Clerk and/or the Agency; and WHEREAS, copies of the notice of public hearings were mailed by certified mail, return receipt requested to the governing body of each identified taxing agency (as defined under CCRL Section 33353.2) as required by law; and WHEREAS, the Commission, as "Lead Agency" (as defined in CEQA Statutes), has reviewed, approved and adopted the Negative Declaration prepared pursuant to CEQA and CCRL requirements by its Resolution No. 2009-03 on February 10, 2009; and WHEREAS, the City Council has reviewed and considered the Negative Declaration and adopted the Negative Declaration for the Merger Amendment prepared pursuant to CEQA and CCRL requirements by its Resolution No. 2009-03 on February 10, 2009; and WHEREAS, the Commission has approved the Merger Amendment by its Resolution No. 2009-04 on February 10, 2009, and has recommended the City Council approve and adopt the Merger Amendment; and WHEREAS, the City Council has considered the report and recommendation of the Planning Commission, the Agency's Report and recommendation to the City Council , the Merger Amendment, the Negative Declaration, and the public input received from the community at the public hearings, and has provided an opportunity for all persons to be heard regarding the Merger Amendment and the Negative Declaration, and has received and considered all evidence and testimony presented for or against any and all aspects of the Merger Amendment; and has made written findings in response to each written objection (if any) of an affected property owner or taxing entity filed with the Commission or with the City Council prior to or at the Commission's public hearing or the City Council's public hearing on the Merger Amendment; and WHEREAS, the Original Plans, the draft Merger Amendment, the Agency's Report to the City Council for the Merger Amendment, the Planning Commission's Conformity Report, the legal descriptions and map of the Merged Project Area, the Negative Declarations for the 3 Declarations for the Merger Amendment, and other appropriate public documents are on file in the Office of the City Clerk, Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead, California 91770, and are available for public inspection; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The above facts are true and correct and a substantive part of this Ordinance. Section 2. The document entitled, "Amendment to Merge Rosemead Redevelopment Project Area No. ? and Project Area No. 2" (referred to herein as the "Merger Amendment"), on file in the office of the City Clerk and attached hereto as Exhibit A, is hereby incorporated by this reference. Section 3. The purposes and intent of the City Council are to eliminate conditions of blight in the Merged Project Area and to help prevent their reoccurrence by undertaking all appropriate redevelopment projects in accordance with the CCRL to contribute to the revitalization of blighted areas through increased economic vitality of those areas and through increased and improved housing opportunities in or near such areas. Section 4. Based upon the evidence in the record, including but not limited to the Commission's Report to the City Council for the Merger Amendment in accordance with CCRL Sections 33352 and 33457. 1, and all documents referenced therein, and evidence and testimony received at the City Council public hearing, the City Council hereby makes the following findings and determinations as warranted by the Merger Amendment: A. Amending the Original Plans by adopting the Merger Amendment is necessary and desirable to complete redevelopment of the Merged Project Area and to increase the probability of achieving the goals and objectives of the Original Plans in the Merged Project Area. B. Significant conditions of blight remain within portions of the Merged Project Area which might not be alleviated without adoption of the Merger Amendment. Such conditions documented during the adoption process of the Merger Amendment within the Merged Project Area include, but are not limited to: the existence of buildings in which it is unsafe and unhealthy for persons to live or work, including buildings which exhibit dilapidation and deterioration, the existence of factors that prevent or substantially hinder the economically viable uses or capacity of buildings or lots, the existence of subdivided lots of irregular from and shape and of inadequate size for proper usefulness and development that are in multiple ownership, depreciated or stagnant values or impaired investments, inadequate public improvements, inadequate parking facilities, defective design/physical construction, deterioration, obsolescence, and public service issues. This finding is based, in part, on the information contained in Section 4.0 of the Report to Council, describing the remaining physical and economic conditions of blight and providing compelling evidence that such conditions are still significant in the Merged Project Area, and on that fact that governmental action available to the City, without merging the Original Project Areas, would 4 Original Project Areas, would be insufficient to cause significant correction of the remaining blighted conditions in the Merged Project Area. This finding is based on the Commission's Report to Council for the Merger Amendment, which describes the blight remaining in the Merged Project Area, evaluated by recent analyses undertaken by the Commission as a part of the Merger Amendment process, wherein the foregoing combination of blighting conditions causes a reduction of, or lack of, proper utilization of the Merged Project Area that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without merging the Original Project Areas. The Merger Amendment will help the Agency to more effectively implement the Original Plans, including their goals and objectives, within or of benefit to the Merged Project Area, by providing important fiscal flexibility in administering projects throughout the Merged Project Area help accomplish the construction of public improvements, and to facilitate implementation of Commission economic development and affordable housing programs, that are necessary to lessen the remaining blighting conditions found in the Merged Project Area. This finding is further based on the City Council's earlier findings contained in the Original Ordinances for the Original Plans, which found each of the Original Project Areas to be predominantly urbanized as described above. The decisions by the City Council in connection with the adoption of the Original Ordinances are final and conclusive and after those adoption dates, it has been, is and shall be presumed that the territory included in Original Project Areas, and therefore in the Merged Project Area, is urbanized. C. Amending the Original Plans by adoption of the Merger Amendment provides the Agency a fortified redevelopment tool, helping it redevelop the Merged Project Area in conformance with the provisions and intent of the CCRL, and in the interests of the public peace, health, safety and welfare. Implementation of the Original Plans as amended by the Merger Amendment will assist in fulfilling the objectives of the CCRL by helping to eliminate conditions of blight within the Merged Project Area. The Original Plans provide for, among other things the following redevelopment actions: 1. Acquisition, installation, development, construction, reconstruction, redesign, replanning, or reuse of streets, utilities, curbs, gutters, sidewalks, street lighting, landscaping, and other public improvements, facilities, utilities or other structures. 2. Acquisition and disposition of property acquired for uses in accordance with the Original Plans. 3. Redevelopment of land by private enterprise or public agencies for uses in accordance with the Original Plans. 4. Construction and improvement of recreational facilities, community facilities, parking facilities and other public uses. 5 5. Acquisition, preservation, construction, or rehabilitation or other provision of housing for low and moderate-income families, seniors and handicapped individuals. 6. Financing of the construction of residential, commercial and industrial buildings and the mortgage financing of residential, commercial and industrial buildings, as permitted by applicable State and local laws, to increase the residential, commercial and industrial base of the City and the number of temporary and permanent jobs within the City. 7. In appropriate cases, rehabilitation of structures and improvements or development of vacant land by present owners, their successors and the Agency for uses in accordance with the Original .Plans. S Demolition or removal of buildings and improvements; site preparation. 9. Management of any property acquired under the ownership and control of the Agency. 10 Such other actions as may be permitted by law. The Merger Amendment provides that Original Project Areas are merged. Such merger will result in substantial benefit to the public and will contribute to the revitalization of blighted areas through the increased economic vitality of such areas and through increased and improved housing opportunities in or near such areas. For financing purposes and for any other purposes permitted or required by law, the Original Project Areas are merged and together shall be called the "Rosemead Merged Project Area" D. The adoption and carrying out of the Original Plans, as amended by the Amendment is economically sound and feasible. This finding is based on the fact that the purpose of the Merger Amendment is to merge the Original Projects which will enable the Commission to more effectively administer and implement redevelopment projects and programs in the entire Merged Project Area because it will allow the Commission to, i) move tax increment dollars within the Merged Project Area, and ii) have greater flexibility with respect to long-term projects financing. The Merger Amendment will enable the Commission to use tax increment and other revenues being generated within the Original Project Areas to fund needed projects and programs to eliminate existing blighting conditions within the Merged Project Area which are presently underfunded. Should the Commission find it necessary and appropriate, revenues being generated from within the Merged Project Area could be combined to pay future debt service on one or more larger bond issues. The City Council finds the Merged Project Area will benefit from the implementation of the Merger Amendment because a greater number of Commission projects and programs can be successfully completed, thereby facilitating the achievement of Commission objectives discussed within the Original Plans. 6 The finding that the Original Plans as amended by the Merger Amendment are economically sound and feasible is further based, on information provided in Section 5.0 of the Commissions Report to City Council and on the fact that under the Merger Amendment the Commission will now be authorized to seek and use a variety of potential financing resources, including the issuance of tax allocation notes and bonds secured by property tax increment; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Merged Project Area; that under the Original Plans, as amended by the Merger Amendment, no public redevelopment activity in the Merged Project Area can be undertaken unless the Commission can demonstrate that it has adequate revenue to finance the activity, and that the financing plan included within the Commission's Report to the City Council demonstrates that sufficient financial resources will be available to carry out the Original Plans as amended by the Merger Amendment. E. The Merger Amendment is consistent with the General Plan of the City, including, but not limited to, the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 "of Title 7 of the Government Code. This finding is based on the finding of the Planning Commission that the Merger Amendment conforms to the General Plan for the City as set forth in its Resolution No. 08-33 adopted December 15, 2008. F. The carrying out of the Original Plans as amended by the Merger Amendment would continue to promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policies of the CCRL. This finding is based on the fact that redevelopment will benefit the Merged Project Area by continuing to correct significant conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Merged Project Area, and by increasing employment and housing opportunities within the City. G. The Commission proposes no displacement of families and persons; the Original Plans, as proposed to be amended by the Merger Amendment, do not provide the Commission with the authority to acquire property in the Merged Project Area. In the event of any displacement in the future, the Commission has a feasible method and plan for the relocation of families and persons displaced, temporarily or permanently, from housing facilities in the Merged Project Area. The Commission also has a feasible method and plan for relocation of businesses. This finding is based upon the fact that in conjunction with the adoption of each of the Original Plans, the Commission adopted individual plans for relocation of families, persons and businesses who may be displaced by Commission projects. The relocation plans adopted for the Original Plans provide for relocation assistance within the Merged Project Area according to law, and such assistance, including relocation payments, constitutes a feasible method for relocation. 7 H.. The Commission proposes no displacement of families and persons; the Original Plans, as proposed to be amended by the Merger Amendment, do not provide the Commission with the authority to acquire property in the Merged Project Area. In the event of any displacement in the future, there are, or shall be provided, within the Merged Project Area or within other areas not generally. less desirable with regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Merged Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment. I. The finding and determination required by CCRL Section 33367(d)(9) is not warranted by the Merger Amendment because the Merger Amendment does not alter the boundaries of the Original Project Areas. The City Council previously found and determined for the Original Project Areas that all noncontiguous areas are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to CCRL Section 33670 without other substantial justification for their inclusion. J. The finding and determination required by CCRL Section 33367(d)(10) is not warranted by the Merger Amendment because the Merger Amendment does not affect the boundaries of the Original Project Areas. The City Council previously found and determined in the Original Ordinances that inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety or welfare is necessary for the effective redevelopment of the entire area of which they are a part, and any such area is not included solely for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to CCRL Section 33670 without other substantial justification for such inclusion. K. The elimination of blight and the redevelopment of the Merged Project Area could not reasonably be expected to be accomplished by private enterprise acting alone, or by governmental action, or both, without the aid and assistance of the Commission. This finding is based upon the existence of blighting influences, as described in the Reports to the City Council prepared for the Original Projects and the Original Ordinances and on the continued existence of significant blight as described in the Report to Council for the Merger Amendment, which Reports include a lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance available pursuant to the CCRL. L. The finding and determination required by CCRL Section 33367(d)(12) is not warranted by the Merger Amendment because the Merger Amendment does not affect the boundaries of the-Original Project Areas. The Commission previously documented that the Original Project Areas are predominantly urbanized areas as defined in CCRL Section 33320.1(b) in the Commission's Preliminary Reports prepared for the Original Plans in accordance with CCRL Section 33344.4, which demonstrated that not less than eighty percent (80%) of the land in each of the Original Projects has been or was developed for 8 urban uses, was an integral part of one or more areas developed for urban uses which were surrounded or substantially surrounded by parcels which had been or were developed for urban uses, or contained parcels that had been subdivided into an irregular form or shape, and were of inadequate size for.proper usefulness and development, and were in multiple ownership M. The finding and determination required by CCRL Section 33367(d)(13) is not warranted by the Merger Amendment because the Merger Amendment does not alter any time limitations in the Original Plans. The City Council previously found and determined in the 'Original Ordinances that the time limitations contained in the Original Plans are reasonably related to the proposed projects to be implemented in the Original Project Areas and to the Commission's ability to eliminate blight within the Original Project Areas. N. The implementation of the Original Plans, as amended by the Merger Amendment, will continue to improve or alleviate the physical and economic conditions of blight remaining in the Merged Project Area, as described in the Report prepared pursuant to CCRL Section 33352. This finding is based, in part, on information contained in Section 4 of the Report to Council which describes the physical and economic conditions of blight in the Original Project Areas and in Sections 1 and 5 which describe how implementation of the Plan will improve or alleviate these conditions. This finding is based upon the fact that in conjunction with the adoption of each of the Original Plans, the Commission determined in its Reports to Council for the Original Plans, also prepared pursuant to CCRL Section 33352, that implementation of the Original Plans would improve or alleviate the physical and economic conditions of blight in the Original Project Areas. Section 5. The City Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the Merged Project Area, if any, are displaced, and that, pending the development of such facilities, there will be available to any such displaced occupants adequate temporary housing facilities at rents comparable to those in the City at the time of their displacement. T Section 6. Written objections to the Merger Amendment filed with the Commission or the City Council before or at the Commission public hearing or the City Council public hearing on the Merger Amendment, as such meetings may be continued from time to time, and oral objections (if any) presented to the Commission or City Council at their respective public hearings having been considered and, in the case of written objections received from Merged Project Area property owners and affected taxing agencies, having been responded to in writing, all such objections are hereby overruled. Section 7. By its Resolution No. 2009-03, dated February 10, 2009, the City Council has adopted the Negative Declaration for the MergerAmendment, a copy of which is on file in the office of the Commission and in the office of the City Clerk, finding that no mitigation measures or mitigation monitoring program is required as a condition of Merger Amendment adoption. 9 Section 8. Ordinance No. 340, adopted June 22, 1972, and subsequently amended by Ordinance No. 592, December 201994, by Ordinance No. 752 and January 22, 2002, by Ordinance No. 822, is hereby amended to revise the Redevelopment Plan for Project Area No. 1 in accordance with the Merger Amendment. Ordinance No. 809, adopted June 27, 2000, is hereby amended to revise the Redevelopment Plan for Project Area No. 2 in accordance with the Merger Amendment. That certain "Amendment to Merge the Rosemead Redevelopment Project Area No. 1 and Project Area No. 2," and the map contained therein, a copy of which is on file in the office of the Commission and the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof, and as so incorporated is hereby designated, approved, and adopted as the official Merger Amendment to the Original Plans, redevelopment plans adopted in accordance with the CCRL, for the Merged Project Area. Section 9. In order to implement and facilitate the effectuation of the Merger Amendment hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Merger Amendment, (b) authorizes and directs the various officials, departments, boards, and agencies of the City having administrative responsibilities in the Merged Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the Merged Project, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merger Amendment, 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 provisions of the Merger Amendment. Section 10. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission, whereupon the Commission is vested with the responsibility for carrying out the Merger Amendment. Section 11. The City Clerk is hereby directed to record with the County Recorder of the County of Los Angeles a description(s) of the land within the Merged Project Area and a statement that the Original Projects have been merged under the CCRL. Section 12. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section 9. of this Ordinance, a copy of this Ordinance, and a map(s) or plat(s) indicating the boundaries of the Merged Project Area, to the Auditor-Controller and Assessor of the County of Los Angeles, to the governing body of each of the taxing agencies which receives taxes from property in the Merged Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Merger Amendment. - Section 11. The City Clerk is hereby authorized and directed to certify to the passage of this Ordinance and to cause the same, or a summary thereof, to be published in a newspaper of general circulation which is published and circulated in the City. 10 Section 12. If any part of this Ordinance, or the Merger Amendment which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the remaining portion of the Merger Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Merger Amendment, if such invalid portion thereof had been deleted. Section 13. This Ordinance shall be in full force and effect thirty (30) days after adoption. PASSED, ADOPTED AND APPROVED this 10th day M009. John T Mayor ATTEST: (3A UAU61 GloMolleda City Clerk APPROVE AS TO FORM: Jo ontes City Attorney 11 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES SS. CITY OF ROSEMEAD I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 871 was regularly introduced and placed upon its first reading at a regularly meeting of the City Council on the 10th of February, 2009. That after said Ordinance was duly adopted and passed at a regular meeting of the City Council on the IOth of March, 2009 by the following vote to wit: Yes: LOW, NUNEZ, TRAN No: CLARK, TAYLOR Absent: NONE Abstain: NONE *16riaeda City Clerk • . RESOLUTION NO. 2009-20 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PROPOSED FISCAL YEAR 2009 THROUGH FISCAL YEAR 2013 FIVE-YEAR IMPLEMENTATION PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 WHEREAS, the Rosemead Community Development Commission (the "Commission") is a duly constituted redevelopment agency under the laws of the State of California; specifically, the California Community Redevelopment Law (CCRL; Health and Safety Code, Section 33000, et seq.), and the Commission is responsible for the administration and implementation of redevelopment activities within the City of Rosemead (the "City"); and WHEREAS, the Commission established the Redevelopment Project Area No. 1 and the Redevelopment Project Area No. 2 upon a determination of blighting condition in the City of Rosemead; and WHEREAS, by its Ordinance no. 871, adopted February 10, 2009, the City Council adopted merger amendment to the Redevelopment Plans for the Rosemead Redevelopment Project Area No. 1 and the Rosemead Redevelopment Project Area No. 2 WHEREAS, State Law requires every Redevelopment Agency to approve an Implementation Plan outlining proposed activities for a five year period; and WHEREAS, notice of the public hearing to review the Implementation Plan has been published pursuant to Section 6063 of the Government Code and posted in at least four permanent places with each project area for a period of at least three weeks; and WHEREAS, on this day the Commission held a public hearing on the proposed Five-Year Implementation Plan for the period of July 1, 2009 - June 30, 2014. NOW, THEREFORE, BE IT RESOLVED by the Rosemead Community Development Commission as follows: Section 1. The Commission hereby approves the FY 2009 through FY 2013 Five-Year Implementation Plan attached to and incorporated as part of this Resolution. Section 2. The Secretary shall certify to the passage and adoption of this Resolution, whereupon it shall take immediate effect and be in force. PASSED, ADOPTED AND APPROVED this 25TH day of August 2009. Margaret ark, Chairman Attest: Gloria Molleda, Secretary Approved as to f=orm: By: Joe M Burke, Williams & Sorensen, LLP Legal Counsel STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) • I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009.20 being: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PROPOSED FISCAL YEAR 2009 THROUGH FISCAL YEAR 2043 FIVE-YEAR IMPLEMENTATION PLAN FOR THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 4 AND THE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2 was duly and regularly approved and adopted by the Rosemead Community Development Commission on the 25th of August, 2009, by the following vote to wit: Yes: Armenta, Low, Ly No: Taylor Abstain: Clark Absent: None Gloria Molleda Commission Secretary RESOLUTION NO. 2009-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2. WHEREAS, the Rosemead Community Development Commission (the "Commission") is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part I of Division 24 of the Health and Safety Code of the State of California (the "Law"), including the power to expend funds for public improvements for the benefit of Redevelopment Project Areas Number I and 2 ("Project Areas"); and WHEREAS, the City of Rosemead ("City") is the legislative body for the community in which the Project Areas are located and pursuant to Health & Safety Code section 33445 is required to consent to payments to be made by its Commission for the provision of public improvements; and WHEREAS, the provision of these projects are consistent with the Commission's Five- Year Implementation Plan Goals adopted for 2009-2014; and WHEREAS, there are appropriate facts supporting the findings required by Health & Safety Code Section 33445 for the City Council to consent to the Commission's expenditure of funds to improvement the Ramona (north) sound wall and the on and off ramps at the 10 Freeway "the Project(s)"; and WHEREAS, the Resolution is being considered at properly noticed Public Hearing as required by Health and Safety Code section 33679. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The City Council finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2. Findings Required b Health & Safety Code Section 33445. The City Council hereby determines that: (i) the Projects are of benefit to the Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway and other adjacent streets. They will also as'sist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached here to as Exhibit A; and (ii) no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the FY 2009-10 Operating and Capital Improvement Budget, a copy of which is on file with the City Cleric and (iii) that the payment of funds will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway; and (iv) The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan (2009-2014). SECTION 3. City Consent to use of Agency Funds. The City Council consents to the use of Commission funds to pay $100,000 to fund improvements made to the Ramona (north) sound wall and $250,000 to fund improvements to the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway for a total of $350,000 to allow for the completion of the Projects. SECTION 4. Effective Date. This Resolution shall take effect from and after its date of passage; approval and adoption. SECTION 5. Certification: The City Clerk shall certify to the adoption of this Resolution. V1 PASSED, APPROVED AND ADOPTED this G~ - day of October, 2009. m MARGA T CLARK, MAYOR AT ES_T: a GLORIA MOLLEDA, CITY CLERK APPROVED AS TO FORM P= o- Josep . Monies, ity Attorney EXHIBIT A Project Descriptions 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a 3/4-mile section of sound wall along Ramona Boulevard directly north of the 10 Freeway between Rio Hondo and Hart avenues. The project is a complete landscape makeover of the sound wall area including new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., Del Mar Ave.). The beautification project will include the following: 1. Rosemead Blvd. at the 10 Freeway: • Painting'of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 2. Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation 3. San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 4. Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. CITY OF ROSEMEAD } I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-55 being: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF THE CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO THE REDEVELOPMENT PROJECT AREAS NOS.1 AND 2 was duly and regularly approved and adopted by the Rosemead City Council on the 13th of October, 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No: None Abstain: None Absent: None Gloria Molleda City Clerk City Council/Community Development Commission Meeting October 13, 2009 Page 4 of 4 PUBLIC NOTICE PROCESS This item has been noticed as required by Health and Safety Code section 33679 and through the regular agenda notification process. Sub i Brian i Community Development Director Attachment A: City Council Resolution No. 2009-55 Attachment B: Community Development Commission Resolution No. 2009-32 City Council/Community Development Commission Meeting October 13, 2009 Paqe 3 of 4 ANALYSIS Health and Safety Code Section 33445 Findings As stated above, Health and Safety Code Section 33445 requires that the City Council consent to the Commission expenditures for public improvement projects and that the Commission and Council find that: 1) The use of Commission funds is of benefit to the project areas. The Projects are of benefit to the Redevelopment Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached to the Resolution proposed with this staff report as Exhibit A. 2) There is no other reasonable means of financing the improvements. At this time, no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the City's approved FY 2009-10 Operating and Capital Improvement Budgets. 3) Funding the project will assist in the elimination of one or more blighting conditions inside the project areas. The payment of funds for the Projects will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway. . 4) Consistency with 5-Year Plan The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan (2009-2014). FISCAL IMPACT Staff is recommending that the Commission utilize unencumbered tax exempt bond proceeds to fund these projects. There is approximately $6 million available for this purpose. City Council/Community Development Commission Meeting October 13, 2009 Page 2 of 4 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., and Del Mar Ave.). The beautification project will include the following: a) Rosemead Blvd. at the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands b) Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation c) San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands d) Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. Staff Recommendation Staff recommends the following: That the Community Development Commission adopt Resolution No. 2009-32 (Attachment A) making the appropriate findings under Health and Safety Code Section 33445; and 2. That the City Council adopt Resolution No. 2009-55 (Attachment B) making the appropriate findings under Health and Safety Code Section 33445; and 3. That the City Council consent to the proposed Commission expenditures. ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CHAIRMAN AND MEMBERS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION FROM: JEFF ALLRED, CITY MANAGER/EXECUTIVE DIRECTOR -10 DATE: OCTOBER 13, 2009 SUBJECT: PUBLIC HEARING ON THE EXPENDITURE OF COMMISSION FUNDS FOR THE FY 2009-10 CAPITAL IMPROVEMENT PLAN PURSUANT TO HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 SUMMARY Redevelopment Law (Health and Safety Code Section 33445) requires that, if redevelopment funds are to be used to pay for improvements which will be publicly owned, both within and outside of the project area, the City Council and the Community Development Commission must make the following findings: a) that the proposed improvements are of benefit to the Project Areas or the immediate neighborhood in which the projects are located; b) that there are no other reasonable means of financing for the proposed projects available to the community; c) that the projects will assist in the elimination of blighting conditions in the Project Areas and are consistent with the adopted 5-year Implementation Plan. There are two projects that require the use of Commission funds. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a 3/-mile section of sound wall along Ramona Boulevard directly north of the 10 Freeway between Rio Hondo and Hart avenues. The project is a complete landscape makeover of the sound wail area including new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. W, NO, APPROVED FOR CITY COUMCIL AGENDA: RESOLUTION NO. 2009-32 A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2. WHEREAS, the Rosemead Community Development Commission (the "Commission") is a public body, corporate and politic, duly established and authorized to transact business and exercise powers under and pursuant to the provisions of the Community Redevelopment Law of the State of California, constituting Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Law"), including the power to expend funds for public improvements for the benefit of Redevelopment Project Areas Number 1 and 2 ("Project Areas"); and WHEREAS, the, City of Rosemead ("City") is the legislative body for the community in which the Project Areas are located and pursuant to Health & Safety Code section 33445 is required to consent to payments to be made by its Commission for the provision of public improvements; and WHEREAS, the provision of these projects are consistent with the Commission's Five- Year Implementation Plan Goals adopted for 2009-2014; and WHEREAS, there are appropriate facts supporting the findings required by Health & Safety Code Section 33445 for the City Council to consent to the Commission's expenditure of funds to improve the Ramona (north) sound wall and the on and off ramps at the 10 Freeway "the Project(s)"; and WHEREAS, the Resolution is being considered at properly noticed Public Hearing as required by Health and Safety Code section 33679. NOW, THEREFORE, THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals. The Commission Board finds and declares that the above recitals are true and correct and incorporates them herein. SECTION 2. Findings Required b Health & Safety Code Section 33445. The Commission hereby determines that: (i) the Projects are of benefit to the Redevelopment Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway and other adjacent streets. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached here to as Exhibit A; and (ii) no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the Operating and Capital Improvement with the City Clerk; and City as reflected in the FY 2009-10 Budget, a copy of which is on file (iii) that the payment of funds for the Projects will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway; and (iv) The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan for 2009-2014. SECTION 3. Commission Request for use of Funds. The Commission requests the City Council's consent to use its funds to pay $100,000 for improvements made to the Ramona (north) sound wall and $250,000 for improvements to the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway for a total of $350,000 to allow for the completion of the Projects. SECTION 4. Effective Date: This Resolution shall take effect from and after its date of passage; approval and adoption. SECTION 5. Certification: The Commission Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this ih day of October, 2009. MARG T CLARK, COMMISSION CHAIR AT EST: I ALC6L LORIA MOLLEDA, COMMISSION SECRETARY APPROVED AS TO FORM Jose Montes, C ission Counsel EXHIBIT A Project Descriptions 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a 3/4-mile section of sound wall along Ramona Blvd. directly north of the 10 Freeway between Rio Hondo and Hart avenues. The beautification project includes a complete landscape makeover of the sound wall area. It will include new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., Del Mar Ave.). The beautification project will include the following: 1. Rosemead Blvd. at the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 2. Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation 3. San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands 4. Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2009-32 being: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION, MAKING THE FINDINGS REQUIRED BY SECTION 33445 OF THE CALIFORNIA REDEVELOPMENT LAW AND DETERMINING THAT THE PROVISION OF PUBLIC IMPROVEMENTS FOR THE IMPROVEMENT OF THE RAMONA (NORTH) SOUNDWALL AND IMPROVEMENTS TO THE ON AND OFF RAMPS AT THE 10 FREEWAY ARE OF BENEFIT TO THE REDEVELOPMENT PROJECT AREAS NOS. 1 AND 2 was duly and regularly approved and adopted by the Rosemead Community Development Commission on the 13th of October, 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly, Taylor No. None Abstain: None Absent: None Gloria Molleda Commission Secretary ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CHAIRMAN AND MEMBERS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION FROM: JEFF ALLRED, CITY MANAGER/EXECUTIVE DIRECTOR q0 DATE: OCTOBER 13, 2009 SUBJECT: PUBLIC HEARING ON THE EXPENDITURE OF COMMISSION FUNDS FOR THE FY 2009-10 CAPITAL IMPROVEMENT PLAN PURSUANT TO HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 SUMMARY Redevelopment Law (Health and Safety Code Section 33445) requires that, if redevelopment funds are to be used to pay for improvements which will be publicly owned, both within and outside of the project area, the City Council and the Community Development Commission must make the following findings: a) that the proposed improvements are of benefit to the Project Areas or the immediate neighborhood in which the projects are located; b) that there are no other reasonable means of financing for the proposed projects available to the community-, c) that the projects will assist in the elimination of blighting conditions in the Project Areas and are consistent with the adopted 5-year Implementation Plan. There are two projects that require the use of Commission funds. 1. Ramona Blvd. (north) Beautification Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The targeted project area is a -1/4-mile section of sound wall along Ramona Boulevard directly north of the 10 Freeway between Rio Hondo and Hart avenues. The project is a complete landscape makeover of the sound wall area including new irrigation, ground cover, trees, shrubs, flowers, vines and concrete work. This work will eliminate the non-landscaped areas where litter regularly accumulates and act as a deterrent for graffiti. The estimated cost of the project is $100,000. The project construction is expected to start by mid-December 2009 and be completed on January 31, 2010. . "FIMNOo APPROVED FOR CITY COUNCIL AGENDA: City Council/Community Development Commission Meeting October 13, 2009 Page 2 of 4 2. Interstate 10 Freeway Entry Points Project This project was approved and budgeted as part of the FY 2009-10 Capital Improvement Budget. The project will improve and enhance the entry points into the City of Rosemead and the Redevelopment Project Areas from the 10 Freeway (i.e. Rosemead Blvd., Walnut Grove Ave., San Gabriel Blvd., and Del Mar Ave.). The beautification project will include the following: a) Rosemead Blvd. at the 10 Freeway: Painting of the underpass bridge and installation of City logos New irrigation and new landscape designs of the east/ west slopes New improved hardscape designs for pavement islands b) Walnut Grove Ave. at the 10 Freeway: • New irrigation and landscape designs of the east/ west slopes • New improved hardscape designs for pavement islands • Extension of turn pockets for safety enhancement and improvement of the traffic circulation c) San Gabriel Blvd. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes New improved hardscape designs for pavement islands d) Del Mar Ave. south of the 10 Freeway: • Painting of the underpass bridge and installation of City logos • New irrigation and new landscape designs of the east/ west slopes New improved hardscape designs for pavement islands The project is estimated to cost $250,000. The construction is anticipated to begin by February 2010 and be completed by June 2010. Staff Recommendation Staff recommends the following: 1. That the Community Development Commission adopt Resolution No. 2009-32 (Attachment A) making the appropriate findings under Health and Safety Code Section 33445; and 2. That the City Council adopt Resolution No. 2009-55 (Attachment B) making the appropriate findings under Health and Safety Code Section 33445; and 3. That the City Council consent to the proposed Commission expenditures. City Council/Community Development Commission Meeting October 13, 2009 Page 3 of 4 ANALYSIS Health and Safety Code Section 3344.5 Findings As stated above, Health and Safety Code Section 33445 requires that the City Council consent to the Commission expenditures for public improvement projects and that the Commission and Council find that: 1) The use of Commission funds is of benefit to the project areas. The Projects are of benefit to the Redevelopment Project Areas as they will provide aesthetically pleasing entry points into the Project Areas off the 10 Freeway. They will also assist in the growth of existing and new businesses and help to reduce stagnant economic conditions. A description of the Projects and the funding sources are attached to the Resolution proposed with this staff report as Exhibit A. 2) There is no other reasonable means of financing the improvements. At this time, no other reasonable means of financing the Projects are available from the City as the City is using its funds to undertake other projects, services and public improvements throughout the City as reflected in the City's approved FY 2009-10 Operating and Capital Improvement Budgets. 3) Funding the project will assist in the elimination of one or more blighting conditions inside the project areas. The payment of funds for the Projects will assist in the elimination of blighting conditions inside the Redevelopment Project Areas by improving the appearance of critical entry points into the City of Rosemead and Redevelopment Project Areas off the 10 Freeway. 4) Consistency with 5-Year Plan The use of Commission funds for these Projects is consistent with the Commission's 5-year Implementation Plan (2009-2014). FISCAL IMPACT Staff is recommending that the Commission utilize unencumbered tax exempt bond proceeds to fund these projects. There is approximately $6 million available for this purpose. City CouncillCommunity Development Commission Meeting October 13, 2009 Page 4 of 4 PUBLIC NOTICE PROCESS This item has been noticed as required by Health and Safety Code section 33679 and through the regular agenda notification process. Sub i Brian i Community Development Director Attachment A: City Council Resolution No. 2009-55 Attachment 8: Community Development Commission Resolution No. 2009-32