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HomeMy WebLinkAboutOrdinances_2556_CCv0001.pdf ORDINANCE NO, 2556 AN ORDINANCE OF THE REDLANDS CITY COUNCIL APPROVING AND ADOPTING THE PROPOSED FOURTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR THE REDLANos REDEVELOPMENT PROJECT WHEREAS, the Redlands City Council (the "City Council") approved and adopted the Redevelopment Plan for the Redlands Redevelopment Project (the "Plan") on September 26, 1972, by Ordinance No, 1500, and subsequently amended said Plan by Ordinances No. 1575, 2336 and 2464, on February 17, 1976, November 5, 1996, and December 19, 2000, respectively; and WHEREAS, the Plan currently includes limited eminent domain authority, which is scheduled to expire in December, 2012; and WHEREAS, the Agency has initiated proceedings to adopt the proposed Amendment No. 4 to the Plan (the "Amendment"); and WHEREAS, the California Community Redevelopment Law (the "CRL") (California Health and Safety Code Section 33000 et seq.) permits the adoption of redevelopment plans and redevelopment plan amendments; and WHEREAS, the City Council has received from the Agency the proposed Amendment, a copy of which is on file with the City Clerk at the Office of the City Clerk, 35 Cajon Street, Suite 4, Redlands, California 92373, together with the report of the Agency prepared pursuant to Section 33352 of the CRL (the "Report to City Council"), which Report includes a description and discussion of the proposed Amendment to extend the Agency's authority to acquire residential property in the Redlands Redevelopment Project Area (the "Project Area") through the use of eminent domain, and a discussion of certain other matters as set forth in Sections 33352 and 33457.1 of the CRL and including the Final Environmental Impact Report (the "Final EIR") on the Redevelopment Plan for the proposed Amendment; and WHEREAS, the Redlands Planning Commission has submitted to the City Council its certification that the proposed Amendment conforms to the Redlands General Plan; and WHEREAS, the City Council and the Agency held a joint public hearing on September 16, 2003, concerning the adoption of the proposed Amendment and the certification of the Final EIR; and WHEREAS, notice of the joint public hearing was duly and regularly published in the Redlands Daily Facts, a new of general circulation in the City, once a week for three (3) successive weeks, prior to the date of the joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk of the City of Redlands arid Secretary of the Agency; and WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail to all residents and businesses in the Project Area at least thirty (30) days prior to the joint public hearing, and by certified mail to all affected taxing agencies-, and WHEREAS, Section 33457.1 of the CRL, provides that to the extent warranted by the proposed Amendment, this Ordinance shall contain the findings required by Section 33367 of the CRL, and WHEREAS, the City Council has considered the Report to City Council for the proposed Amendment, and the Final EIR; 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 proposed Amendment; and WHEREAS, the Agency and the City Council have reviewed and considered the Final EIR for the proposed Amendment, prepared and submitted pursuant to Public Resources Code Section 21000 et seq. and Health & Safety Code Section 33352, and the Agency has certified the Final EIR on September 16, 2003, by Agency Resolution No. 365, and the City Council has certified the Final EIR on September 16, 2003, by City Council Resolution No. 6195. NOW, THEREFORE, the Redlands City Council hereby resolves as follows: SECTION 1: The purpose and intent of the City Council with respect to the Redlands Redevelopment Project in connection with the proposed Amendment is to extend the Agency's existing authority to acquire residential property in the Project Area through the use of its power of eminent domain to allow the Agency to acquire through eminent domain residential properties. This will allow the Agency to continue to undertake steps and previously approved projects to eliminate blight and blighting conditions and achieve its goals and objectives within the Project Area. SECTION 2: The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to City Council on the proposed Amendment, and all documents referenced therein: a) The finding that the Project Area is a blighted area, the redevelopment of which is necessary to effectuate the purposes of the CRL, was made in Ordinance No. 1500 when the Plan was originally adopted. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive, (ii) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affects this previously-made finding and determination, (iii) such preVrioUSly made finding and determination remains valid and effective, and (iv) no further finding or determination concerning blight is required for the Amendment. b) The proposed Amendment will allow continued redevelopment to occur within the Project Area in conformity with the CRL and in the interests of the public health, safety and welfare. This finding is based in part upon the fact that the Amendment merely extends the Agency's existing authority to acquire residential property in the Project Area using eminent domain and does not affect Project Area boundaries or previously approved public improvement projects, and thus allows the Agency to undertake needed redevelopment activities in the Project Area, c) The finding that the carrying out of the Plan is economically sound and feasible was made in Ordinance No, 1500 when the Plan was originally adopted. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive, (ii) the Amendment does not add 2 territory to the Project Area or make any other revisions to the Plan that affects this previously-made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning blight is required for the Amendment. Moreover, the Amendment makes only a technical modification to the Plan to extend the Agency's authority to acquire residential property with respect to the Project Area and thus does not affect any financial provisions in the Plan. In addition, with the passage of the proposed Amendment, the Agency will continue to engage in activities within the financial capability of the Agency and will pursue those activities that are consistent with revenues realized after adoption of the Amendment. d) The Amendment conforms to the Redlands General Plan including, but not limited to, the Housing Element thereof, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division I of Title 7 of the Government Code. This finding is based in part on the finding of the Redlands Planning Commission that the Amendment conforms to the Redlands General Plan, e) The carrying out of the Plan as amended by the Amendment, will promote the public peace, health, safety and welfare of the City of Redlands and will effectuate the purposes and policies of the CRL. This finding is based on the fact that the Amendment will benefit the Project Area by continuing to provide the Agency with a necessary tool to correct conditions of blight and by coordinating public and private actions to stimulate development, contribute toward needed public improvements and improve the economic, and physical conditions of Project Area andi the community. f) The condemnation of residential property is necessary to the execution of the Plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based in part upon the possible need to assemble sites for development, which will result in new economic activity in the Project Area, alleviation of blighting conditions, and the prevention of the recurrence of blight, and that the Agency, in undertaking activities to acquire residential property by eminent domain, is required to comply with the procedural and other requirements of the California Eminent Domain Law (Code, Civ, Proc. § 1230.010 et seq.) . g) The City Council, in Ordinance No, 1500, found and determined that the Agency adopted a feasible method and plan for the relocation of families and persons displaced from the Project Area, if the Plan should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive, (ii) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment, h) The City Council, in Ordinance No. 1500, found and determined that there are or are being provided in the Project Area, or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of the families and persons displaced from the Project Area, if any, decent, safe, and sanitary dwellings equal in number to the number of 3 and available to the displaced families and persons and reasonably accessible to their places of employment. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No, 1500 is final and conclusive; (ii) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. i) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1, and dwelling units housing persons and families of low or moderate income, if any, shall not be removed or destroyed prior to the adoption of a replacement housing plan as statutorily required pursuant to CRL Sections 33334.5, 33413, and 33413.5, to the extent required thereunder, j) The City Council, in Ordinance No. 1500, found and determined that all areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the Project Area pursuant to CRL Section 33670, as the Redevelopment Plan does not include the tax allocation provisions of Section 33670, The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive; (H) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. k) The City Council, in Ordinance No. 1500, found and determined that the inclusion of any lands, buildings, or improvements which are not detrimental to the public health, safety, or welfare is necessary for effective redevelopment of the Project Area, and that any area included is necessary for effective redevelopment and is not included for the purpose of obtaining the allocation of tax increment revenues from the Project Area pursuant to CRL Section 33670 without other substantial justification for its inclusion, as the Redevelopment Plan does not include the tax allocation provisions of Section 33670. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive; (H) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Amendment. 1) The City Council, in Ordinance No. 1500, found and determined that the elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive; (ii) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously-made finding and determination remains valid and effective, and (iv) no 4 further finding or determination concerning the foregoing is required for the Amendment. m) At the time the City Council adopted Ordinance No, 1500, the City Council was not required to find and determine that the Project Area was "predominantly urbanized" even though the Project Area was and remains "predominantly urbanized" as then- defined in the CRL. The City Council finds and determines that (i) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect or require a determination as to the urbanization of the Project Area, and (H) no further finding or determination concerning the foregoing is required for the Amendment. n) At the time the City Council adopted Ordinance No. 1500, the City Council was not required to find and determine that the time limitation, and if applicable, the limitation on the number of dollars to be allocated to the Agency that are contained in the Plan, are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. The Amendment does not amend or affect any time limitation relating to the duration of the Plan. To the extent the foregoing finding pertains to a time limit regarding eminent domain, the City Council finds the time limitation on commencement of eminent domain proceedings contained in the Amendment is reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Agency to eliminate blight within the Project Area. SECTION 3: The City Council, in Ordinance No. 1500, declared that it was satisfied that permanent housing facilities will be available within three (3) years from the time residential occupants of the Project Area are displaced, if any, and that pending the development of the facilities there will be available to the displaced housing occupants, if any, adequate temporary dwelling facilities at rents comparable to those in the City at the time of their displacement. The City Council finds and determines that (i) such finding and determination set forth in Ordinance No. 1500 is final and conclusive; (ii) the Amendment does not add territory to the Project Area or make any other revisions to the Plan that affect this previously-made finding and determination, (iii) such previously made finding and determination remains valid and effective, and (iv) no further finding or determination concerning the foregoing is required for the Second Amendment, SECTION 4. The first paragraph of Section D,2 of the Redevelopment Plan for the Redlands Redevelopment Project, Amendment No. 3 iss hereby amended to read as follows: "Unless specifically exempted herein, all real property located in the Project, an interest in such property, and any improvements on such property may be acquired by the Agency by any means authorized by law, including by eminent domain, in order to remove blighting influences, provide land for public improvements or facilities, promote historic or architectural preservation or provide land for redevelopment and other plan objectives. Except as provided herein, the public interest and necessity require the use of the power of eminent domain by the Agency to acquire those real properties in the Project which cannot be acquired by other lawful means, including but not limited to properties upon which persons reside. Eminent domain proceedings to acquire property in the Project shall be commenced within twelve (12) years from the effective date of the Ordinance adopting the Third Amendment to this Plan, Such time limit may be extended only by amendment of this Plan." 5 SECTION 5: In order to implement and facilitate the effectuation of the Plan, as amended by the Amendment as hereby approved, the City Council hereby (a) restates its pledge of cooperation in helping to carry out the Plan, (b) restates its request that the various officials, departments, boards and agencies of the City of Redlands having administrative responsibilities in the Project Area likewise cooperate to such end and exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area, (c) reaffirms that it stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Plan, and (d) re-declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Redlands under the provisions of the Redevelopment Plan, as amended. SECTION 6: The Amendment is incorporated herein by this reference, and the Plan, as amended by the Amendment, is hereby approved as, and declared to be, the official Redevelopment Plan for the Project Area. 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 Plan, as amended. SgCILON 8. The City Clerk is hereby directed pursuant to CRL Section 33456 to record with the San Bernardino County Recorder a statement that the Amendment No. 4 to the Plan for the Redlands Redevelopment Plan has been approved in conformity with the CRL. SgqTION 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 7 of this Ordinance to such other parties as may be directed by the Agency, SECTIO N 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 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 Amendment, and the 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, The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED by the Redlands City Council this 7"' day of October 2003. A ,JVqayor ro Tem, City f e�dlands�� ATTEST: City Clerk, City of Redtap& 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was adopted by the City Council at a regular meeting thereof held on the 7day of October, 2003 by the following vote- AYES: Councilmembers Gilbreath, George, Harrison,- Mayor Pro Tern Peppier NOES: None A13SENT: Mayor Haws City 5)6rk