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ORD-37-84 REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECTORDINANCE NO. 37- B4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT.WHEREAS, the City Council of the City of Orange has received from the Orange Redevelopment Agency, hereinafter referred to as "Ag.ency," the proposed Redevelopment Plan for the Southwest 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, 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, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Orange, hereinafter referred to as "Planning Commis-sion," a summary of meetings with property owners and entities interested in the'Project Area, 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 Qrange its report and recommenda~tion for approval of the Redevelopment Plan and its certifi-cation 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 13, 1984, on adoption of the Redevelopment Plan and on certification of the Final Environ-mental 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 Register, a newspaper of general circulation in the Ci ty 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; WHEREAS, each assessee of privately-owned real property 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 Redevelopment 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 received taxes from property in the project Area; and WHEREAS, the City Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Redevelopment Plan ~nd its economic feasi-bility, 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 Redevelop-ment Plan, prepared and submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352,and certified the completion of said Environmental Impact Report on November 13, 1984, by Agency Resolution No. ORA-0031 and City Council Resolution No. 6217.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, inadequate public improvements.2. The comprehensive planning, redesign, replanning,development, reconstruction or rehabilitation of the project Area which would facilitiate a higher and better utilization of the lands within the proposed Project Area thereby con-tributing to the public health, safety and welfare.3. Stimulating construction activity and increasing employment in the commercial sector of the community.4. Assisting in the financing, reconstruction and/ or construction of curbs, gutters, sidewalks, streets, flood control improvements and other public facilities.Ord. No. 37-84 2 - 5. Assisting in the development of commercial and related construction by financing such development in the Project Area in such a way which will make the development economically feasible. 6. Assisting County and State agencies' ability to provide services by street, and parking improvements and other public facilities. 7. 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 predominantly urbanized area which is a blighted area, the redevelopment of which is necessary to effecutate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). This finding is based upon the following conditions which characterize the Project Area: a. The existence of unfit or unsafe buildings and structures due to age, obsolescence or mixed character, which are conducive to ill health. b. The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facili ti.es and utili ties, including inadequate and insufficient traffic circulation, park- ing, drainage, sidewalks, curbs, gutters and traffic signals, which cannot be remedied with private and governmental action without redevelopment. c. The existence of properties which suffer from economic dislocation, deterioration and disuse result- ing grom faulty planning. d. A lack of proper utilization of property, result- ing in a stagnant and unproductive condition of land potentially useful and valuable. e. A prevalence of impaired' investments and economic maladjustment. 3 -Ord. No. 37-84 It is further found and determined that such conditions 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 cannot reason- ably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of tne 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 witnout redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements 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. 2. 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 oris developed for urban uses, as demonstrated by the Agency's Report to Council. In addition, as demon- strated by the Agency's Report to Council, the Project Area is part of an area developed for urban uses, such as com- mercial and governmental uses. 3. 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 redevelop- ment 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. 4. 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; the Agency's Report to City Council pursuant to Health and Safety Code Section 33352 further demonstrates the economic soundness and feasibility of the Reaevelopment Plan and undertakings pursuant thereto. 5. 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 conforms to the General Plan for the City of Orange. Ord. No. 37-84 4 - 6. The carrying out of the Redey~lopment 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. ~his finding is base~ on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate d~velopment in a manner that will alleviate rather than worsen existing problems within the Project Area and improve the economic, social, and physical conditions of the project Area. 7. The condemnation of real property, as provided for in the Redevelopment Plan, is necessary to the execution of the Redevelopmen.t 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 wrll be carried out and to prevent the recurrence on blight. 8. No housing facilities are included within the Project Area as to which occupants could be displaced by activities of the Agency. Therefore, the Agency is not required to prepare a precise plan to imp2ement the re- location of families and persons displaced from the project Area. The Agency recognizes that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event such relocation would occur due to the implementation by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feas- ible method for relocation. 9. There are, or are being provided, within the Project Area or within other areas not generally less desir- able with regard to public utilities and public and com- mercial facilities and at rents or prices within the finan- cial means of any families and persons who might be dis- placed from the Project Area, decent, safe and sanitary dwellings equal in number to the 'vumber of and availabile to such displaced families and persons and reasonably acces- sible to their places of employment. This finding is based upon each of the following facts: (i) no housing facilities are included, within the projeot Area,as to which occupants could be displaced by activities of the Agency; and (ii) no person or family will be required to move from and dwelling unit until suitable replacement housing is available. 10. 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 allocation of tax increment revenues from such area'pursuant to Section 5 -Ord. No. 37-84 33670 of the Community Redevelopment Law without other sub- stantial justification for its inclusion. This finding is Lased upon the fact that the boundaries of the Project Area were chosen as a unified and consistent whole to include lands that were under utilized because of blighting influences or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the,objectives and benefits of the Redevelopment Plan. 11. 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 assis- tance in providing adequate public improvements and facil- ities, the fact that uncoordinanted efforts by individual landowners to alleviate problems on an individual basis would intensify Area wide traffic problems, and the inade- quacy of other governmental program and financing mechanisms to eliminate the blight including the provisions of necessary public improvements and facilities. 12. The Redevelopment Plan for the project Area will afford the maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment such area by private enterprise. 13. The Redevelopment Plan contains adequate safe- guards so that the work for 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 Re- development Law. SECTION III: The City Council is convinced,that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Project Area. This based upon the analysis contained in the Agency's Report to the City Council. SECTION IV: 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. Ord. No. 37-84 6 - SECTION V: That certain document entitled "Redevelopment Plan for the Southwest Redevelopment Project," the maps contained therein and such other reports as are incorp'orated 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, and as so incorporated, is hereby designated, approved and adopted and the official "Redevelopment Plan for the Southwest Redevelop- met Project." SECTION VI: In order to implement and facilitate the effectuation of the Redevelopment Plan thereby approved, this City Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the variou~ officials, departments, boards and agencies of the City of Orange 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 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 and proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. SECTION VII: 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 Redevelop-- ment Plan. SECTION VIII: The City Clerk is hereby directed to record w{th the County Recorder of Orange 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 IX: The City Clerk is herebY directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section VIII of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project Area, 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 Equalization. 7 -Ord. No. 37-84 1"------- SECTION X: 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 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. SECTION XI: 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 shall also be published once within fifteen (15) days after this Ordinance's passage in the Orange City News, 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 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 thrity 30) days from and after the date of its final passage. ADOPTED this 20th 1984. ATTEST: MARILYN J. JENSEN City Clerk of the City of Orange BY: ~~"'~Aftf1/4f1d PUTY CITY CL 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 13th day of November , 1984, and thereafter at a regular meeting of said City Council duly held on the 20th day of November , 1984, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: ABSTAIN: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, BEYER NONE NONE PEREZ MARILYN J. JENSEN City Clerk of the Cit~ of Orange ., 8 _~>'~~?' UU/1~~~.epa~Ord. No. 37- 84