ORD-24-88 ADOPTING AMENDMENT TWO TO THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECTORDINANCE NO. 24-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING AND
ADOPTING AMENDMENT NO. TWO TO THE REDEVELOPMENT
PLAN FOR THE SOUTHWEST REDEVELOPMENT
PROJECT.WHEREAS, the City Council of the City of Orange (the "
City Council") by Ordinance No. 37-84 approved a
Redevelopment Plan for the Southwest Redevelopment Project (the "
Project") and designated by such Ordinance certain area (the "
Original Area")as a redevelopment project
area; and WHEREAS, the City Council by Ordinance No.
20-86 approved Amendment No. One to the Redevelopment Plan
for the Southwest Redevelopment Project and designated by
such Ordinance certain area (the "Amended Area") as a redevelopment
project area; and WHEREAS, the Original Area and the
Amended Area shall together be referred to herein as the "
Existing Area"; and WHEREAS, the City Council has received
from the Orange Redevelopment Agency (the "Agency"),
the proposed Amended Redevelopment Plan for the
Amended Southwest 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"), a
discussion of the physical, social and economic conditions existing
in the Added Area, the proposed method of financing the
redevelopment of the Adde~ Area, an analysis of the Preliminary Plan,
the report and recommendations of the Planning Commission of
the City of Orange (the "planning Commission"), 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
Existing 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
WHEREAS, the
City Council and the Agency held a joint public hearing
on June 28, 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 Oranqe County Reqister, a newspaper of general circulation in
the City of Orange, once (1) a week for four (4)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
roll 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 may be sUbject to acquisition by purcha~~ 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 Existing 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
ORD. 24-
88 2-
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 28,
1988, by Agency Resolution No. ORA-____ and
City
Council Resolution
No. 7096 .NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:Section 1:
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. Provide
for the expansion, renovation and relocation of businesses
within the Project Area to enhance their economic viability.
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.
Plan
and implement new development and infrastructure that will
result in the reduction of the City's annual service costs
to the Project Area.g. 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.h. 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.3-
ORD.24-88
L..._~~__.___..
i. Improve and/or provide utility services such as gas,
electric and telephone services where such
deficiencies are adversely affecting the Project Area.
j. Alleviate inadequate drainage improvements that
constrain the development of various parcels in the
Project Area, the cost of which cannot be borne by
private enterprise acting alone.
k. Recycle and/or develop underutilized parcels to
accommodate higher and better economic uses thereby
improving the financial viability of the community as
a whole.
1. Address parcels of property that are inadequately
sized for proper usefulness and development, and which
are held in divided and widely scattered ownerships.
m. Replan, redesign and redevelop areas within the
Project Area that are economically stagnating and/or
improperly utilized.
n. Expand the existing employment base and promote the
creation of new employment opportunities.
o. strengthen the economic base of the Project Area and
the community.
p. Promote seismic safety measures.
q. 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.
r. Maintain balanced land uses throughout the Project
Area and citywide.
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
33000, et seq.). This finding is based upon the following
conditions which characterize the Added Area:
1) The existence of properties which suffer from
deterioration and disuse because of inadequate
public improvements, facilities and utilities,
ORD. 24-88 -
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 impaired 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 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. 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, and the Existing Area remains, an
urbanized area. Not less than eighty percent (80\) of the
privately owned property in the Added Area and the Existing
Area, respectively, has been or is developed for urban uses or,
with respect to the Added Area, due to its role in the
circulation system of the City and contiguity to the Existing
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 Existing 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.
d. The adopting and carrying out the Amendment is
economically sound and feasible. This finding is based in part
ORD. 24-
88
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 conditions of blight, coordinating public and
private actions to stimulate development, contributing toward
needed public improvements and improving the economic, social.
and physical conditions of the Project Area and the community.
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 and to prevent the recurrence of blight.
h. The Agency has a feasible method or plan for the
relocation of families and persons displaced from the Added
Area or the Existing 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 relocation.
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. 24-88
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, without
limitation, the lack of adequate public improvements and
facilities, structural deficiencies and other indicia of blight
more ful~y 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
deficiencies 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 Existing 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.
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 Southwest 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 Southwest
Redevelopment Project". Except as and to.the extent expressly
modified by the Amendment, all provisions of the Redevelopment
Plan as approved by Ordinances Nos. 37-84 and ZO-
86 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.
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 Orange County
Register, a newspaper of gereral 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. 24-
ADOPTED this5th
day of ATTEST:9:~City
Clerk
of
tJie ~y of Orange I hereby certify
that the foregoing Ordinance was introduced at the
regular meeting of the City Council held on the 28th day
of June , 1988, and thereafter at a regular meeting of said
City Council held on the 5th day of July ,1988, was
duly passed and adopted by the following vote:AYES: COUNCIL
MEMBERS:
SMITH, COONTZ, BEYER NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
BARRERA, MAYOR PEREZ JJ;~1r Sk ()
p~City Cler f
t~ C~ of Orange ORD. 24-88
10-