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HomeMy WebLinkAboutORD-21-01 Adopt Redevelopment Plan-Tustin St, Southwest, & Northwest Project AreaORDINANCE NO. 21- 01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA THAT MERGES AND AMENDS THE TUSTIN STREET PROJECT AREA,SOUTHWEST PROJECT AREA, AND NORTHWEST PROJECT AREA.WHEREAS, the City Council of the City of Orange (the "City Council"), by Ordinance No. 9-83 adopted on December 6, 1983, approved a redevelopment plan for the Tustin Street Project Area and designated by such Ordinance certain area within the City as a redevelopment project area (the "Tustin Street Original Project Area"), and thereafter, by Ordinance No, 20-88 adopted on June 21, 1988, approved an amendment to said redevelopment plan adding territory the "Tustin Street Amendment No.1 Project Area''') to the Tustin Street Original Project Area the Tustin Street Original Project Area and the Tustin Street Amendment No. 1 Project Area are collectively refened to herein as the "Tustin Street Project Areas"); and WHEREAS, the City Council, by Ordinance No. 37-84 adopted on November 20,1984, approved a redevelopment plan for the Southwest Project Area and designated by such Ordinance certain area within the City as a redevelopment project area (the "Southwest Original Project Area"), and thereafter, by Ordinance No, 20-86 adopted on July 15, 1986, by Ordinance No. 24-88 adopted on July 5, 1988, and by Ordinance No. 17-96 adopted on July 9,1996, approved "Southwest Amendment No, 1," "Southwest Amendment No.2," and Southwest Amendment No.3," respectively, to said redevelopment plan adding territory to the Southwest Original Project Area ( the Southwest Original Project Area, the Southwest Amendment No, 1 Project Area, the Southwest Amendment No.2 Project Area, and the Southwest Amendment No.3 Project Area are collectively refened to herein as the "Southwest Project Areas"); and WHEREAS, the City Council, by Ordinance No. 22-88 adopted on June 28, 1988,approved a redevelopment plan for the Northwest Project Area and designated by such Ordlnance certain area within the City as a redevelopment project area (the "Northwest Project Area"); and WHEREAS, the Tustin Street Project Areas, the Southwest Project Areas, and the Northwest Project Area shall together be refened to herein as the "Project Areas;" and WHEREAS, as required pursuant to subdivision (e) of Section 33333.6 of the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.) on November 22, 1994, theCityCouncil, by OrdinanceNo, 20-94, Ordinance No. 22-94, and Ordinance No. 23-94 amended the redevelopment plans for the Tustin Street Project Areas, the Southwest Project Areas, and the Northwest Project Area, respectively, to establish certain limitations therein; and WHEREAS, the City Council has received from the Orange Redevelopment Agency the "Agency") the Report to City Council on the proposed Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area (the Amended and Restated Redevelopment Plan") merging and amending the Project Areas (the Merger"), a copy of which is on file with the City Clerk at the Office of the City Clerk, City Hall, 300 East Chapman Avenue, Orange, California, including the reasons for the Merger, the report and recommendations of the Planning Commission of the City of Orange ( the "Planning Commission"), and a discussion of certain other matters as required pursuant to Section 33352 of the California Community Redevelopment Law; and WHEREAS, the Planning Commission has previously determined that the redevelopment plans for the Project Areas conform to the City's General Plan; and WHEREAS, on November 13, 2001, the Agency adopted, by Agency Resolution No.ORA-0404, Rules Governing Participation and Reentry Preferences for Property Owners,Operators of Businesses, and Business Tenants, which document meets the requirements of the California Community Redevelopment Law and copies of which are on file with the City Clerk of the City of Orange and Clerk of the Agency; and WHEREAS, the Agency is required to adhere to the State Relocation Law Government Code Sections 7260 through 7277) and follow the California Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in Title 25, California Code of Regulations, Chapter 6; therefore, in conformance with Sections 33352(f) and 33411 of the Community Redevelopment Law, on November 13, 2001, the Agency adopted, by Agency Resolution No. ORA-0404, General Relocation Rules which adopted, as the Agency's "Method of Relocation," the State Guidelines and the State Relocation Law, copies of which are on the file with the City Clerk ofthe City of Orange and Clerk of the Agency; and WHEREAS, a notice of a joint public hearing of the Agency and City Council was duly and regularly published in the The Orange City News, a newspaper of general circulation in the City of Orange, once (1) a week for four (4) successive weeks prior to the date of the hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Orange and Clerk 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 Orange, of each parcel of land in the Project Areas; and WHEREAS, each assessee in the Tustin Street Project Areas, the Southwest Original Project Area, the Southwest Amendment No.1 Project Area, the Southwest Amendment No.2 Ord. Project Area, and the Northwest Project Area was sent a separate statement, attached to the notice of joint public hearing, that his or her property may be subject to acquisition by purchase or condemnation under the provisions of the Merger; 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 located within the Project Areas; and WHEREAS, the Agency has prepared and submitted a program for the relocation of persons and businesses who may be displaced as a result of carrying out the project in accordance with the Merger; and WHEREAS, the City Council has general knowledge of the conditions existing in the Project Areas and of the availability of suitable housing in the City for the relocation of families and persons who may be displaced by the Merger, and in light of such knowledge of local housing conditions, has carefully considered and reviewed such program for relocation; and WHEREAS, on November 13, 2001, the City Council and the Agency held a joint public hearing in the City Council Chambers, City Hall, 300 East Chapman Avenue, Orange, CaIifornia, concerning the adoption of the Merger; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the Agency's Report to City Council, the Merger and its economic feasibility, and the feasibility of the relocation program; and WHEREAS, the Agency and the City Council have reviewed and considered the Negative Declaration for the Merger, prepared and submitted in accordance with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and State and local guidelines and regulations adopted pursuant thereto, and approved said Negative Declaration on November 13, 2001, by Agency Resolution No. ORA-0405 and City Council Resolution No. 9537; and WHEREAS, the Agency and the City Council provided an opportunity for all persons to be heard at the joint public hearing and the Agency and the City Council have received and considered all written and oral evidence and testimony presented for or against any and all aspects of the Merger; and WHEREAS, the City Council has heard and passed upon all objections relating in any way to the Merger, and the proceedings for the adoption of the proposed Merger have been duly conducted and completed as provided by law.Ord, No. 21-01 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: Section 1. The purpose and intent of this City Council with respect to the Project Areas are: a. To eliminate the conditions of blight existing in the Project Areas. b. To prevent recurrence of blighting conditions within the Project Areas. c. To provide for participation by owners and tenants and preferences to persons engaged in business within the Project Areas to participate in the redevelopment of the Project Areas; to encourage and ensure the redevelopment of the Project Areas in the manner set forth in the Redevelopment Plans for the Project Areas; and to provide for the relocation of residents, if any, displayed by the implementation of such Redevelopment Plans. d. To improve and construct or provide for the construction of public facilities, roads, and other public improvements and to improve the quality of the environment in the Project Areas to the benefit of the Project Areas and the general public as a whole. e. To encourage and foster the economic revitalization of the Project Areas by protecting and promoting the sound development and utilization of the Project Areas and by replanning, redesigning or redeveloping portions of the Project Areas which are stagnant or improperly utilized because of the lack of adequate facilities, utilities and other causes. f. To provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups. of the community. g. To merge the Tustin Street Original, Tustin Street Amendment No.1, Southwest Original, Southwest Amendment No.1, Southwest Amendment No.2, Southwest Amendment No.3 and Northwest Redevelopment Projects ("Merged and Amended Project Area") for administrative and financial reasons. An Amended and Restated Redevelopment Plan for the Merged and Amended Redevelopment Project will be prepared, which will supersede and replace all of the Original Redevelopment Plans. h. To re-establish the Agency's eminent domain authority (excluding residential properties that conform to the City's General Plan) within the Tustin Street Original, Tustin Street Amendment No.1, Southwest Original, Southwest Amendment No.1, Southwest Amendment No.2, and Northwest Redevelopment Projects (i.e., all redevelopment project areas except Southwest Ord. No. 21.01 4 Amendment No.3) ("Amended Project Areas") for a period of 12 years, as allowed by the California Community Redevelopment Law, Health and Safety Code Sections 33000, ~J seq. ("CRL"). 1. To extend the Agency's time limit to incur indebtedness in the Amended Project Areas by a period of 10 years for each project area (except Southwest Amendment No.3), as allowed by the CRL (the extension of the time limit to incur debt and the re-establishment of the Agency's eminent domain authority are proposed for all project areas except Southwest Amendment ~o. 3).Se<:tion 2:The City Council hereby finds and determines that:a. The Project Areas are blighted areas" the redevelopment of which is necessary to efflxtuate the public purposes declared in the Community Redevelopment Law. This finding is based (in part) upon the remaining blighting conditions which characterize the Project Areas as set forth in Part B of the Agency's Report to City Council. It is further found and determined that such conditions are causing and will increasingly cause a reduction of, or lack of, proper utiIization of the Project Areas 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.b. The Merger will redevelop the Project Areas in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. c. feasible.The adoption and implementation of the Merger is economically sound and d. The Merger conforms to the General Plan for the City of Orange, including, but not limited to, the community's housing element, 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.e. The carrying out of the Merger will promote the public peace, health, safety and welfare of the City of Orange and will effectuate the purposes and policies of the Community Redevelopment Law.f. The condemnation of real property to the extent provided for in the Merger is necessary to the execution of the Merger and adequate provisions have been made for payment for property to be acquired as provided by law.Ord. No. 21-01 g. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Project Areas. h. There are, or shall be provided, in the Project Areas or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or p11ces within the financial means of any families and persons who might be displaced from the Project Areas, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413, and 33413.5 of the Community Redevelopment Law. i. All noncontiguous areas of the Project 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 Section 33670 of the Community Redevelopment Law without other substantial justification for their inclusion. j. Inclusion of any lands, buildings or improvements which are not detrimental to the public health, safety, or welfare is necessary for the ejIective redevelopment of the area of which they are a part; that any area included is necessary fix effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. k. The elimination of blight and the redevelopment of the Project Areas would not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assist[mce ofthe Agency. 1. The Project Areas are predominantly urbanized areas, as defined by Section 33320.1(b) of the Community Redevelopment Law. Not less than eighty percent (80%) of the privately-owned property in the Project Areas has been or is developed for urban uses, as demonstrated by the Agency's Report to the City Council.m. The time limitation and, if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Amended and Restated Redevelopment Plan are reasonably related to the proposed projects to be implemented in the Project Areas and to the ability of the Agency to eliminate blight within the Project Areas.Section 3:The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Areas, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such Ord. No. 21..01 6 displaced occupants temporary housing facilities at rents comparable to those in the City of Or:mge at the time of their displacement. No persons or families of low- or moderate- income shall be displaced from a residence unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of displacement. Such housing units shall be suitable to the needs of such displaced persons or families and dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy.Se<:tion 4:Any written objections to the Merger filed with the City Clerk of the City of Orange before the hour set for hearing and all oral objections presented to the City Council at the hearing have been considered and are hereby overruled.Settion 5:The Amended and Restated Redevelopment Plan is hereby approved, thereby merging and amending the Tustin Street Project Areas, the Southwest Project Areas, and the Northwest Project Area as authorized and pelmitted pursuant to Sections 33485 through 33489, inclusive,of the Community Redevelopment Law, and as amended are incorporated in the Amended and Restated Redevelopment Plan by reference and made a part thereof as if fully set forth therein,and three copies of the Amended and Restated Redevelopment Plan are hereby directed to be plac:ed on file with the City Clerk.Sedion 6:The Merger is hereby approved and the Redevelopment Plans for the Project Areas are hereby amended and superseded by the Amended and Restated Redevelopment Plan. To the extent of any inconsistencies between the terms and provisions of the Redevelopment Plans for the Project Areas and the terms and provisions of the Amended and Restated Redevelopment Plan, the terms and provisions of the Amended and Restated Redevelopment Plan shall control.Sec:tion 7:In order to implement and facilitate the effectuation of the Merger as hereby approved,this City Council hereby: (a) pledges its cooperation in helping to carry out the Merger; ( b)req uests the various officials, departments, boards and agencies of the City of Orange having administrative responsibilities in the Project Areas likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the development of the Project Areas; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Merger; and (d) declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Merger.Ord. No. 21-01 Section 8: The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, whereupon the Agency is vested with the responsibility for carrying out the Merger. Section 9: The City Clerk is hereby directed to record with the Office of the Clerk-Recorder of the County of Orange a description of the land within the :Project Areas and a statement that proceedings for the redevelopment of the Project Areas, as hereby merged, have been instituted under the Community Redevelopment Law.Section 10:The City Clerk is hereby directed to transmit a copy of the description and statement to be 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 merged Project Areas to the Auditor-Controller and Assessor of the County of Orange, to the governing body of each of the taxing agencies which levies taxes upon any property in the merged Project Areas, and to the State Board of Equalization.Section 11:This Ordinance shall be in full force and effect thirty (30) days from and after the date of final passage.Section 12:If any part of this Ordinance or the Merger 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 Merger, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Merger if such invalid portion thereof had been deleted. If this Ordinance or the Merger which it approves is entirely invalidated for any reason, then each of the redevelopment plans for the Project Areas shall remain in full force and effect without interruption as if this Ordinance had not been adopted.Section 13:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance or the full text of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in The Orange City Ne.vs, a newspaper of general circulation, published and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a Ord. No. 21-:)1 8 certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 27th day of November, 2001. ATTEST: i.J~AA:;t Cassandra J. Cath , CIty Clerk of the CIty of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, Cassamdra J. Cathcart, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 13th day of November, 2001, and thereafter at a regular meeting of said City Council duly held on the 27th day of November, 2001, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None d~~~___L7 Cassandra 1. Cathc , City Clerk of the City of Orange Ord. No. 21-01 9