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ORD-20-88 ADOPTING AMENDMENT NO ONE TO THE REDEVELOPMENT PLAN FOR THE TUSTIN STREET REDEVELOPMENT PROJECTI ORDINANCE NO. 20- 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING AMENDMENT NO. ONE TO THE REDEVELOPMENT PLAN FOR THE TUSTIN STREET REDEVELOPMENT PROJECT.WHEREAS, the City Council of the City of Orange (the City-) by Ordinance No. 49-83 approved a Redevelopment Plan for the Tustin Street Redevelopment Project (the -Project-) and designated by such Ordinance certain area (the -Original Area-)as a redevelopment project area; and WHEREAS, the City Council has received from the Orange Redevelopment Agency (the - Agency-), the proposed Amended Redevelopment Plan for the Amended Tustin Street Redevelopment Project Area (the - Amendment") to the Redevelopment Plan, 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, together with the Report of the Agency, including the reasons for the selection of the area proposed to be added by the Amendment ( the -Added Area-), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code of the physical, social and economic conditions existing in the Added Area, the proposed method of financing the redevelopment of the Added Area, an analysis of the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Orange (the -Planning Commission"), area proposed to be added by the Amendment ( the -Added Area"), and a discussion of certain other matters as set forth in Section 33352 of the California Health and Safety Code; and WHEREAS, the Added Area and the Original Area shall together be referred to herein as the -Project Area-; and WHEREAS, the Planning Commission has submitted to the City Council of the City of Orange its report and recommendations for approval of the Amendment and its certification that the Amendment conforms to the General Plan for the City of Orange;and WHEREAS, the City Council and the Agency held a joint public hearing on June 14, 1988, concerning the adoption of the Amendment held 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 County Register, a newspaper of general circulation in the City of Orange, once (1) a week for four (4) i successive weeks prior to the date of 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 rolx of the County of Orange, of each parcel of land in the proposed Project Area; and WHEREAS, each assessee in the Project Area was sent a separate statement, attached to the notice of joint public hearing, that his property maybe subject to acquisition by purchase or condemnation under the provisions of the Amendment;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 Original Area or the Added Area; 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 Amendment; and WHEREAS, the Council has general knowledge of the conditions existing in the Project Area and of the availability 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 relocation; and WHEREAS, the city Council has considered the report and recommendations of the Planning Commission, the report of the Agency, the Amendment and its economic feasibility, the feasibility of the relocation program and the Environmental Impact Report, and 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 Amendment; and WHEREAS, the Agency and the City Council have reviewed and considered the Environmental Impact Report for the Amendment,prepared and submitted pursuant to Public Resources Code Section 21151 and Health & Safety Code Section 33352, and certified the completion of said Environmental Impact Report on June 14, 1988, by Agency Resolution No. ORA-0112 and City Council Resolution No. 7073. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: ORD NO; 20-88 l I Section. l: That the purpose and intent of the City Council with respect to the Project Area is to accomplish to the greatest extent feasible the following:a. Remedy, remove, and prevent physical blight and economic obsolescence in the Project Area through implementation of the Redevelopment plan.b. Expand the commercial and industrial base of the community, through the promotion of new and continuing private sector investment in the Project Area.c. Encourage the cooperation and participation of residents, business, business persons, public agencies and community organizations in the redevelopment of the Project Area.d. Upgrade the general aesthetics of the commercial and industrial enterprises to improve their economic viability. Presentiy, the problem~of dilapidated,outdated and obsolete structures negatively influences the development potential of the Project Area.e. Achieve an environment reflecting a high level of concern for architectural, landscape and urban design principles appropriate to the Objectives of the Amendment.f. Provide for the expansion, renovation and relocation of businesses within the Project Area to enhance their economic viability. g. Alleviate certain environmental deficiencies,including substandard vehicular circulation systems.an inadequate water service system, sewer and storm drainage systems, insufficient off-street parking and other similar public improvements.h. Improve and/or provide utility services such as gas,electric and telephone services where such deficiencies are adversely affecting the Project Area.i. Recycle and/or develop underutilized parcels to accommodate higher and better economic uses thereby improving the financial viability of the community as a whole.j. Alleviate inadequate drainage improvements that constrain the development of various parcels in the 3- ORD. NO.20-88 project Area, the cost of which cannot be borne by private enterprise acting alone.k. Address parcels of property that are inadequately sized for proper usefulness and development, and which are held in divided and widely scattered ownerships.1. Replan, redesign and redevelop areas within the Project Area that are economically stagnating and/or improperly utilized. m. Expand the existing employment base and promote the creation of . new employment opportunities.n. Provide opportunities and mechanisms to increase sales tax, business license and other revenues to the City of Orange. o. Promote seismic safety measures.p. Provide opportunities for the expansion of the community's supply of housing (on a citywide basis)including housing opportunities for low and moderate income households. q. Plan and implement new development and infrastructure that will result in the reduction of the City's annual service costs to the Project Area.r. Maintain balanced land uses throughout the Project Area and citywide.s. Assist 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.t. Strengthen the economic base of the Project Area and the community. Section 2: THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT:a. The Added Area is a predominantly urbanized area which 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 330nO, et seq.). This finding is based upon the following conditions which characterize the Added Area:ORD NO. 20-8S 4-J 1) 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 cannot be remedied with private and governmental action without redevelopment. 2) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable. 3) A prevalence of imparied investments and economic maladjustment. 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 reasonably be expected to be reversed or aleviated 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 in part 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 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. This finding is supported in part by the fact that development has not proceeded within the Added Area, due to blighting conditions as identified herein which discourage development. b. The Added Area is an urbanized area. Not less than eighty percent (80\) of the privately owned property in the Added Area has been or is developed for urban uses or, due to its role inthe circulation system of the City and contiguity to the Original Project Area is an integral part of an area developed for urban uses, as demonstrated by the Agency's Report to Council. c. The Amendment will redevelop the Added Area and assist the redevelopment of the Original Area in conformity with the Community Redevelopment Law and in the interests of the public health, safety and welfare. This finding is based upon the fact that redevelopment of the Added 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. 5-ORD NO. 20- I d. The adopting and carrying out the Amendment is economically sound and feasible. This finding is based in part on the fact that under the Redevelopment Plan and the Amendment no public redevelopment activity will be undertaken unless the Agency can demonstrate that it had adequate revenue to finance the activity; the Agency's Report to City Council further discusses and demonstrates the economic soundness and feasibility of the Amendment and undertakings pursuant thereto. e. The Amendment conforms to the General Plan of the City of Orange. This finding is based in part on the finding of the planning Commission that the Amendment conforms to the General Plan for the City of Orange. f. The carrying out of the Amendment will promote the public 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 Added Area and the community by correcting contributing toward needed public improvements. g. The condemnation of real property to. the extent provided for in the Amendment is necessary to the execution of the Amendment and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the need to assemble sites for certain public facilities and to assemble developable units for economic activity. h. The Agency has a feasible method or plan for the relocation of families and persons displaced from the Added Area or the Original Area. Although such displacement is not contemplated, the City Council and the Agency recognize that the provisions of Sections 7260 to 7276 of the California Government Code would be applicable in the event relocation would occur due to the implementation by the Agency of the Amendment. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocaiton. i. There are, or are being provided, within the Added 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 any families and persons who might be displaced from the Added Area, decent, safe and sanitary dwellings equal in number to the number of and available accessible to their places of employment. This finding is based in part upon the fact that no person or family will be required by the Agency to move from any dwelling unit until suitable replacement housing is available. ORD NO. 20-88 j. Inclusion of any land, 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 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based in part upon the fact that the boundaries of the Added 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 contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan and the Amendment. k. The elimination of blight and the redevelopment of the Added Area would 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, structural deficiencies and other indication of blight more fully enumerated in the record, and the infeasibility due to cost of requiring individuals (by means of assessments or otherwise) to eradicate or significantly alleviate existing deficiences in public improvements. 1. The effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the Added Area or the Original Area. This based in part upon the analysis contained in the Agency's Report to the City Council. Section 3: The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Added 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 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 occupancy.7-ORD NO. Section 4: Any written objections to the Amendment 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 5: That certain document entitled "Redevelopment Plan for the Amended Tustin Street Redevelopment Project Area", 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, and as so incorporated, is hereby designated, approved and adopted and the official "Redevelopment Plan for the Amended Tustin Street Redevelopment Project". Except as and to the extent expressly modified by the Amendment, all provisions of the Redevelopment Plan as approved by Ordinance No. 49-83 shall remain in full force'and effect.Section 6:In order to implement and facilitate the effectuation of the Amendment as hereby approved, this City Council hereby ( a)pledges its cooperation in helping to carry out the Amendment,b) requests the various officials, departments, boards and agencies of the City of Orange having administrative responsibilities in the Added Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Added Area, (c) stands ready to consider and take appropriate action upon proposals and measure designed to effectuate the Amendment, and (d) declares its intention to undertake and complete any proceeding necessary to be carried out by the City under the provisions of the Amendment.Section 7: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 Amendment.Section 8:The City Clerk is hereby directed to record with the County Recorder of Orange County a description of the land within the Added Area and a statement that proceedings for the redevelopment of the Added Area have been instituted under the Community Redevelopment Law.ORD NO. 20- Section 9: 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 8 of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Added 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 Added Area and to the State Board of Equalization. Section 10: This Ordinance shall be in full force and effect thirty 30) days from and after the date of final passage. Section 11: If any part of this Ordinance or the 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 Amendment, and this City Council hereby declares it would have passed the remainder of this Ordinance or approved the remainder of the Amendment if such invalid portion thereof had been deleted. Section 12: 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 Oranqe County Reqister, 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. 9-ORD. NO. 20- 1---- ADOPTED this :>1 Rt- day of ATTEST: C~~i~~ I hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the .l!llh day of June ,1988, and thereafter at a regular meeting of said City Council held on the 21st day of June ,1988, was duly passed and adopted by the following vote: AYES: COUNCIL MEMBERS: COONTZ, MAYOR PEREZ. BEYER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: SMITH, BARRERA jJ-~ city Cler of tha/'Ci of Orange ~ ORD NO. 20-88