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ORD-49-83 ADOPTING THE REDEVELOPMENT PROJECTORDINANCE NO. 49- 83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE TUSTIN STREET REDEVELOPMENT PROJECT.WHEREAS, the City Council of the City of Orange has received from the Orange Redevelopment Agency, hereinafter referred to as "Agency," the proposed Redevelopment Plan for the Tustin Street Redevelopment Project, hereinafter referred to as "Project," as approved by the Agency, a copy of which is on file at the Office of the Agency at 300 East Chapman Avenue, Orange, California, and at the Office of the City Clerk, City Hall, 300 East Chapman Avenue, Orange, California,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 business owners and tenants who may be temporarily or permanently displaced from the Project Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Orange,hereinafter referred to as "Planning Commission," a summary of meetings with Project Area residents, an environmental impact report on the Redevelopment Plan, the report of the County Fiscal Officer and the Agency's analysis thereof, and a neighborhood impact report; and WHEREAS, the Planning Commission has submitted to the City Council of the City of Orange its report and recommendations for approval of the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the City of Orange; and WHEREAS, the City Council and the Agency held a joint public hearing on November 22, 1983, on adoption of the Redevelopment Plan and on certification of the Final Environmental Impact Report on the Redevelopment Plan in the City Council Chambers, City Hall, 300 East Chapman Avenue, Orange, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Orange City News, a newspaper of general circu-lation in the City of Orange, once a week for four successive weeks prior to the date of said 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 certified mail with return receipt requested to the last known address of each addressee, as shown on the last equalized assessment roll of the County of Orange, of each parcel of land in the proposed Project Area; JL____ WHEREAS, each assessee in the Project Area was sent a separate statement, attached to the notice of joint public hearing, that his property may be subject to acquisition by purchase or condemnation under the provisions of the Redevelop- ment Plan; 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 Agency has prepared and submitted a program for the relocation of persons and businesses who may be dis- placed as a result of carrying out the Project in accordance with the Redevelopment Plan; and WHEREAS, the City Council has general knowledge of the conditions existing in the Project Area and of the avail- ability of suitable housing in the City for the relocation of families and persons who may be displaced by the Project, and in light of such knowledge of local housing conditions, has carefully considered and reviewed such program for reloca- tion; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, 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 WHEREAS, the Agency and City Council have reviewed and considered the Environmental Impact Report for the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352, and certi- fied the completion of said Environmental Impact Report on November 22, 1983, by Agency Resolution No. ORA-0018 and City Council Resolution No. 6025.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:That the purpose and intent of the City Council with respect to the Project Area is to accomplish the following:1. The elimination of environmental deficiencies in the Project Area, including, among others, incompatible and uneconomic land uses, irregularly shaped lots,deteriorated and inadequate public improvements.Ord. No. 49- 2. The assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. 3. The replanning, redesign and development of undeveloped areas which are stagnant or improperly utilized. 4. The strengthening of the economic base of the Project Area and the community, stimulating new commercial expansion, employment and economic growth. SECTION II: The City Council hereby finds and determines that: 1. The Project Area is a blighted area, the redevelop- ment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). This finding is based upon the follow- ing conditions which characterize the Project Area: a. The existence of unfit or unsafe buildings and structures due to age, obsolescence or mixed character. b. The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate and insufficient traffic circulation, parking, drainage, sidewalks, curbs, gutters and traffic signals, which can- not be remedied with private and governmental action without redevelopment. c. The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. d. A lack of proper utilization of property, resulting in a stagnant and unproductive con- dition of land potentially useful and valuable. e. A prevalence of economic maladjustment evidenced by a stagnation of retail uses. It is further found and determined that such condi- tions are causing and will increasingly cause a reduction and lack to such an extent that it constitutes a serious physical, social and economic burden on the City which can- not reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment Ord. No. 49-83 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 condi- tions, and that the nature and costs of the public improvements are beyond the capacity of the City and can- not be undertaken or borne by private enterprise, acting alone or in concert with available governmental action. 2. 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 re- development of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization of potentially useful land. 3. 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 no public redevelopment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity and the Agency's Report to City Council pursuant to Health and Safety Code Section 33352 further demonstrates the economic soundness and feasi- bility of the Redevelopment Plan. 4. The Redevelopment Plan conforms to the General Plan of the City of Orange. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Orange. 5. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Orange and will effectuate the purposes and policy 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 coordi- nating public and private actions to stimulate develop- ment and improve the economic, social and physical conditions of the Project Area. 6. 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 on blight. Ord. No. 49-83 7. The Agency has a feasible method and plan for the reloca- tion 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 Redevelopment Plan provides for relocation assistance according to law. 8. There are, or are being 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. 9. 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 for the purpose of Obtaining the al- location of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law with- out other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contri- buting to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. 10. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. This finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, the inability of low and moderate income persons to finance needed improvements and the inadequacy of other governmental program and financing mechanisms to eliminate the blight including the provision of necessary public improvements and facilities. 11. The Redevelopment Plan for the Project Area will afford the maximum opportunity, consistent with the sound needs Ord. No. 49-83 of the City as a whole, for the redevelopment of such area by private enterprise. 12. The Redevelopment Plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of times and under conditions specified in the Redevelopment Plan, which this City Council deems necessary to effectuate the purposes of the Community Redevelopment Law. SECTION III: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced, and that pending the development of such permanent facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Orange at the time of their displacement. No persons or families of low or moderate income shall be displaced from residences 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 their dis- placement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace any such persons or families until such housing units are available and ready for occupancy. SECTION IV: The City Council is convinced that the effect of tax incre- ment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION V: Written objections to the Redevelopment Plan 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 having been considered are hereby overruled. SECTION VI: That certain document entitled "Redevelopment Plan for the Tustin Street Redevelopment Project," the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the Office of the City Clerk of the City of Orange, having been duly reviewed and considered, is hereby incorporated in this Ordinance by reference and made a part hereof, Ord. No. 49-83 and as so incorporated, is hereby designated, approved and adopted and the official "Redevelopment Plan for the Tustin Street Redevelop- ment Project." SECTION VII: 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 of Orange having administrative responsi- bilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the 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 necessary to be carried out by the City under the provisions of the Redevelopment Plan. SECTION VIII: 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 Redevelopment Plan. SECTION IX: The City Clerk is hereby directed to record with the County Recorder of Orange County a description of the land within the Project Area and a statement that proceedings for the redevelop- ment of the Project Area have been instituted under the Community Redevelopment Law. SECTION X: The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section IX of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, to the auditor and assessor of the County of Orange, 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 Equali- zation. SECTION XI: EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION XII: PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Orange City News, a daily newspaper of Ord. No. 49-83 p---------.."--.. ~general circulation, published and circulated in the City of Orange,California, or the Register, which is also a newspaper of general circulation for the City of Orange.SECTION XIII:SEVERABILITY. If any part of this Ordinance or the Redevelop-ment 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 City Council hereby declares that it would have passed the remainder of this Ordinance or approved the remainder of the Redevelopment Plan if such invalid portion thereof had been deleted.ADOPTED this 6th day of ATTEST: C~~ l~ e ~ y of Orange STATE OF CALIFORNIA )COUNTY OF ORANGE ) ss CITY OF ORANGE )I, MARILYN J. JENSEN, 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 22nd day of November, 1983. and thereafter at a regular meeting of said City Council duly held on the 6th day of December , 1983, was duly passed and adopted by the following vote, to wit:AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE WITNESS my hand and seal this 7th 1983. day of December i2-~ d~'Marilyn J. Jense City Clerk of the City of Orange Ord. No. 49-83 8-