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187 ORDINANCE NO. 187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMENDING ITS REDEVELOPMENT PLAN TO ALLOW FOR ACQUISITION OF NON-RESIDENTIALLY ZONED PROPERTY BY EMINENT DOMAIN WHEREAS,the City of Grand Terrace and the Redevelopment Agency of the City of Grand Terrace adopted the revised Grand Terrace Community Redevelopment Project Redevelopment Plan on or about June, 1981; and WHEREAS,pursuant to Section D.Property Acquisition,the Agency is prohibited from the acquisition of property within the Project Area by the use of eminent domain; and WHEREAS, the City and the Redevelopment Agency now desire to amend the Redevelopment Plan to allow for the acquisition of non-residentially zoned property, or the acquisition of property with the consent of the property owner, by utilizing eminent domain; and WHEREAS,pursuant to Health and Safety Code Section 33385.3,a Project Area Committee is not necessary to be formed if the proposed amendment to the Redevelopment Plan does not allow the Agency to acquire by eminent domain property on which persons reside in a Project Area in which a substantial number of low and moderate-income persons live or add territory in which a substantial number of low and moderate-income persons reside; and WHEREAS,the proposed amendment therefore does not require the formation of a Project Area Committee; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. The Redevelopment Plan, revised Grand Terrace Community Redevelopment Project, Section D., is hereby revised in its entirety as follows: "D. Property Acquisition. 1. Real Property. Except as specifically exempted herein, the Agency may acquire, but is not required to acquire, any real property located in the Project Area, by any means authorized by law. The Agency is hereby empowered under this plan to use eminent domain in order to execute the Plan, but only as to property which is not residentially zoned or as to property acquired with the consent of the property owner. Additionally, real property in the Project Area may be acquired by gift, devise, exchange, purchase, or any other lawful method. The Agency shall not acquire real property retained by an owner pursuant to a Participation violation shall be deemed a misdemeanor punishable in accordance with Section 1.16 of this Code. SECTION 9: Exemption from the Provisions of this Chapter - Any devices designed, intended and used solely for the transportation of infants, the handicapped, or incapacitated persons, or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer." SECTION 10: Conflict - If any section, subsection, subdivision, sentence, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs. Agreement if the owner fully performs under the Agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized to acquire public property transferred to private ownership before the project is completed, unless the Agency and private owner enter into a Participation Agreement and the owner completes his responsibilities under the Participation Agreement. 2. Personal Property. Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan,the Agency is authorized to acquire personal property in a Project Area by lawful means." PASSED, APPROVED, and ADOPTED this 22"d day of July, 1999. May of the City of Grand Terrace and f the City Council thereof. Attest: Brenda Stanfill City Clerk I, Brenda Stanfill, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 22"d day of July, 1999, by the following vote: AYES: Councilmembers Hilkey and Singley; Mayor Pro Tem Buchanan NOES: Councilmember Garcia ABSENT: None ABSTAIN: Mayor Matteson (44/7/74 Brenda Stanfill; City ler� k� Approved as o form: - John Harper, ty ttorney required to acquire, any real property located in the Project Area, by any means authorized by law. The Agency is hereby empowered under this plan to use eminent domain in order to execute the Plan, but only as to property which is not residentially zoned or as to property acquired with the consent of the property owner. Additionally, real property in the Project Area may be acquired by gift, devise, exchange, purchase, or any other lawful method. The Agency shall not acquire real property retained by an owner pursuant to a Participation violation shall be deemed a misdemeanor punishable in accordance with Section 1.16 of this Code. SECTION 9: Exemption from the Provisions of this Chapter - Any devices designed, intended and used solely for the transportation of infants, the handicapped, or incapacitated persons, or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer." SECTION 10: Conflict - If any section, subsection, subdivision, sentence, clause, nd counties to implement projects which have a high potential for reducing motor vehicle emissions. 11. Clean Cities-Clean Cities is a locally-based government/industry partnership,coordinated by the U.S. Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Unlike traditional"top-down"federal programs,Clean Cities uses a"grass roots"approach to develop the alternative fuels market,relying on locally based government/Industry partnerships coordinated by the Department of Energy to expand the use of alternatives to gasoline and diesel fuel. Local decision makers from both the public and private sectors work as volunteer Community and Economic Development Department 3 Initial Study and Environmental Analysis e of these corridors. (See ATSAC) use with the objective of reducing vehicular emissions Staggered Work Hours of air pollutants. TCA1s are specifically called for under A method to reduce traffic the AQAMP congestion during the peak rush hours, by staggering the work start time for employees. Transportation Demand Management (TDM) - A pro- gram of specific measures designed to encourage alter STIP - State Transportation Improvement Program. natives to private automobile use and thereby reduce transportation demand Such measures include carpool the growth and resources in the region and will contain policies and guidelines for local and l subregional planning programs.