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HomeMy WebLinkAboutNS-2662 - Approving and Adopting the Fifth Amendment to the Redevelopment Plan for the Bristol Corridor Redevelopment Project 8 LES 8/23/04 ORDINANCE NO. NS-2662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BRISTOL CORRIDOR REDEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOVVS: Section 1. The City Council of the City of Santa Ana ("City Council") hereby, finds, determines and declares as follows: A. 8 8 The Santa Ana Community Redevelopment Agency ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seq., ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council. B. On December 4, 1989, by Ordinance No. NS-2039, the City Council approved and adopted the Redevelopment Plan for the Bristol Corridor Redevelopment Project ("Project Area") and subsequently amended the Redevelopment Plan ("Existing Plan") four (4) times to exempt certain properties from eminent domain, extend plan effectiveness, and establish financial and time limits in compliance with Assembly Bill 1290, Assembly Bill 1342, Senate Bill 1054, and other provisions of the CRL. C. The ordinances adopting the Existing Plan, as amended (collectively, the "Original Ordinances"), including the findings and determinations made by the City Council therein are made part hereof by this reference. D. The Agency is vested with the responsibility to carry out the Existing Plan. E. As a part of this amendment proceeding, the Agency desires to amend the Existing Plan ("Amendment") to merge the Project Area with the Central City, Inter-City Commuter Station, North Harbor, South Harbor, and South Main Redevelopment Projects ("Merged Project Area") to allow the combining of tax increment revenues from each and all of these constituent project areas so that taxes attributable to each constituent project area which are allocated to the Agency pursuant to CRL Section 33670(b) are allocated to the entire Merged Project Area for the purpose of paying principal of, and interest on, indebtedness incurred by the Agency to finance or refinance, in whole or in part, the Merged Project Area; except that any such taxes attributable to any constituent project Ordinance No. NS-2662 Page 1 of 9 J. area shall first be used to pay indebtedness in compliance with the terms of any bond resolution or other agreement pledging such taxes from the constituent project area, which resolution or other agreement was adopted or approved by the Agency prior to the merging of these projects; and except as otherwise noted above, tax increment revenue attributed to each constituent project may be used for any lawful purpose in any constituent project now within the Merged Project Area. F. Further, the Amendment (as well as the concurrent amendments to the other constituent project areas) creating the Merged Project Area will best facilitate the revitalization of blighted areas through economic vitality and increased and improved housing opportunities pursuant to CRL Article 16, Section 33485, et. seq. G. The City Council has received from the Agency the proposed Amendment, a copy of which is on file at the office of the Clerk of the Council, 20 Civic Center Plaza, Santa Ana, California, together with the Agency's Report to the City Council on the Amendment, including the reasons for the Amendment; proposed projects and programs; the proposed method of financing the redevelopment of the Merged Project Area which includes the Project Area; a method and plan for relocation; the report of the Planning Commission of the City with respect to the conformity of the Amendment with the General Plan of the City of Santa Ana ("General Plan"); a neighborhood impact report; a summary of consultations with Project Area property owners, businesses and community organizations; and a summary of consultations with affected taxing agencies. H. A project area committee was not required to be formed in connection with this Amendment because it does not affect the existing authority of the Agency to acquire, by eminent domain, property on which a substantial number of low and moderate income persons reside and because this Amendment does not contain additional public projects and does not grant the Agency authority to fund or develop additional public projects that would displace a substantial number of low and moderate income persons. I. Although this Amendment, and each of the proposed plan amendments causing the merger, will be considered and adopted separately pursuant to the CRL to facilitate their consideration, this Amendment and each of the proposed plan amendments causing the merger have been aggregated and presented together in a single joint public hearing. The City Council and the Agency held a joint public hearing on September 7,2004, on the adoption of the Amendment in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California. Ordinance No. NS-2662 Page 2 of 9 8 8 8 K. Notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for at least four successive weeks prior to the date of such joint public hearing, and a copy of said notice was mailed, by first class mail, to each last known assessee of each parcel and to all known residents and businesses located on each parcel in the Project Area not less than thirty days prior to the date of commencement of the joint public hearing. Affidavits of such publication and such mailing are on file with the Clerk of the Council and the Agency. L. Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the governing body of each affected taxing agency receiving taxes from property in the Project Area. M. The Agency, in accordance with CRL Section 33488, has timely notified the State of California - Department of Housing and Community Development of its intent to merge the Project Area with the Central City, Inter-City Commuter Station, North Harbor, South Harbor and South Main Redevelopment Projects. N. In conformity with the requirements of CRL Section 33490, the Agency has previously adopted and has in place an implementation plan for the Existing Plan and each of the constituent project areas ("Implementation Plan") that describes the redevelopment project areas, the specific goals and objectives for the project areas, and the specific programs, including potential projects and estimated expenditures proposed during the five (5) year term of such Implementation Plan, and further, the Implementation Plan includes an explanation of how the goals, objectives, programs, and expenditure will eliminate blight in the Project Area and implement the affordable housing requirement of the CRL. o. The Implementation Plan in place is current for the applicable five-year period, and does not require amendment in connection with this Amendment or other merger proceedings. P. These proceedings for the merger of all existing project areas have proceeded pursuant to and in conformity with CRL Section 33486 through the proposed amendment of each affected redevelopment plan for each constituent project area as provided in Article 12 of CRL Section 33450, et. seq. Q. Section 33457.1 of Article 12 provides that to the extent warranted by a proposed amendment to a redevelopment plan, the reports and information required by Sections 33352 and 33367 will be prepared. R. The Agency prepared and circulated a Negative Declaration on the proposed Amendment in accordance with the California Environmental Ordinance No. NS-2662 Page 3 of 9 Quality Act (Public Resources Code § 21000 et. seq.), the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, § 15000 et. seq.), and environmental procedures adopted by the Agency pursuant thereto. S. The City Council has considered the report and recommendation of the Planning Commission, the Negative Declaration, the Report to the City Council by the Agency, the Amendment to the Existing Plan, has provided an opportunity for all persons to be heard, and has re(;eived and considered all evidence and testimony presented for or against any and all aspects of the Amendment and has made written findings in response to each written objection of an affected property owner or taxing entity, if any, filed with the Clerk of the Council before or during such joint public hearing. T. All actions required by law have been taken by all appropriate public bodies. Section 2. Based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the Amendment prepared in accordance with CRL Section 33352, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendment held on September 7, 2004, and the Original Ordinances, the City Council hereby makes the following findings and determinations as warranted by the Amendment: A. The implementation of the Amendment (and the other amendments causing the merger) will promote the public peace, health, safety and welfare of the City of Santa Ana and will effectuate the purposes and policies of the CRL. This finding is based on the fact that the Amendment is and will be of substantial benefit to the community and contribute to the revitalization of blighted areas through increased economic vitality of such areas, and increased and improved housing opportunities, in particular the financial benefits and feasibility of the Merged Project Area that will accrue due to the merger. B. The carrying out of the Amendment would promote the public peace, health, safety and welfare of the City and would effectuate the purposes and policies of the CRL. This finding is based on the fact that redevelopment will benefit the Project Area and the Merged Project Area as a whole by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Merged Project Area including the Project Area. C. The adoption and carrying out of the Amendment is economically sound and feasible. This finding is based on the fact that under the Existing Plan Ordinance No. NS-2662 Page 4 of 9 8 8 8 and the Amendment the Agency will continue to be authorized to seek and utilize a variety of potential financing resources, including property tax increment revenues; that the nature and timing of public redevelopment assistance within the Project Area will continue to depend upon the amount and availability of such financing resources, including tax increment generated by new investment in the Merged Project Area; that under the Existing Plan and the Amendment no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the financing plan included within the Agency's Report to the City Council prepared for the Amendment demonstrates that sufficient financial resources will be available to carry out the implementation of the Existing Plan and will allow flexibility within the Merged Project Area in addressing the most pressing needs and respond to market forces more effectively. D. The Amendment is consistent with the General Plan, including, but not limited to, the Housing Element of the General Plan, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based upon the General Plan and the findings of the Planning Commission that the Amendment conforms to the General Plan. E. Pursuant to CRL Section 33367(d)(6), the condemnation of real property, if provided for in the redevelopment plan, is necessary to the execution of the redevelopment plan and adequate provisions have been made for payment for property to be acquired as provided by law. F. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from housing facilities in the Merged Project Area by means other than the use of eminent domain. The Agency also has a feasible method and plan for relocation of businesses. This finding is based upon the fact that in conjunction with the adoption of the Original Ordinances, the Agency had prepared a method or plan for relocation of families, persons and businesses that may be displaced by Agency projects. The relocation plans prepared for the Project Area, included within the Reports to the City Council prepared for the Existing Plan and Amendment, provides for relocation assistance within the Project Area according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. G. There are, or shall be provided, within the Merged 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 Ordinance No. NS-2662 Page 5 of 9 number of and available to such displaced families and persons and reasonably accessible to their places of employment. This finding is based upon the provisions of the Existing Plan and Original Ordinances which require that families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to CRL Sections 33411 and 33411.1, and that dwelling units housing persons and families of low or moderate-income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to CRL Sections 33334.5, 33413 and 33413.5. Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rents comparable to those in the City at the time of their displacement. This finding is based upon the City Council's finding that no persons or families of low and 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 displacement. 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. Section 4. Written objections to the Amendment filed with the Clerk of the Council before the hour set for the hearing on the Amendment and all written and oral objections presented to the City Council at the hearing having been considered and, in the case of written objections received from Project Area property owners, occupants and affected taxing agencies having been responded to in writing, all such objections are hereby overruled. Section 5. The Existing Plan, as adopted by the Original Ordinances, is hereby further amended as set forth in the Amendment attached hereto as Exhibit A. As so amended, the Existing Plan is hereby incorporated herein by reference. The Executive Director of the Agency is hereby authorized to combine the Amendment attached hereto as Exhibit A with the Existing Plan prepared for the Bristol Corridor Redevelopment Project, and when filed with the Clerk of the Council and the Secretary of the Agency, shall constitute the official Redevelopment Plan for the Bristol Corridor Redevelopment Project. Section 6. In order to implement and facilitate the effectuation of the Amendment hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amendment, (b) authorizes and directs the various officials, departments, boards, and agencies of the City 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 redevelopment of the Project Area, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment, and (d) declares its intention to undertake and complete any Ordinance No. NS-2662 Page 6 of 9 8 8 8 proceeding necessary to be carried out by the City under the provisions of the Amendment. Section 7. The Clerk of the Council 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 Clerk of the Council is hereby directed to record with the County Recorder of the County of Orange a statement that proceedings for the redevelopment of the Project Area, pursuant to the Amendment, have been instituted under the CRL. Section 9. 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 that it would have passed the remainder of the Ordinance or approved the remainder of the Amendment if such invalid portion thereof had been deleted. ADOPTED this 20th day of September, 2004 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney ~. By: &. . ^ '- (. ~ Lisa E. Storck Assistant City Attorney AYES: Councilmembers: Alvarez, Bist. Christy, Franklin. Garcia. Pulido, Solorio (7) NOES: Councilmembers: None (0) ABSENT: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) Ordinance No. NS-2662 Page 7 of 9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2662 to be the original ordinance adopted by the City Council of the City of Santa Ana on September 20, 2004, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ltJ ~ /6) ~ / / Clerk of the Council City of Santa Ana Ordinance No. NS-2662 Page 8 of 9 8 FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE BRISTOL CORRIDOR REDEVELOPMENT PROJECT BACKGROU~Q The Redevelopment Plan rRedevelopment Plan") for the Bristol Corridor Redevelopment Project ("Project" or *Project Area") was approved and adopted by the City Council of the City of Santa Ana rCity Council") on December 4, 1989 by Ordinance No. NS-2039. The Project Area contains approximately 781 acres. The Redevelopment Plan has been previously amended on October 3, 1994 by Ordinance No. NS-2231 and Ordinance No. NS-2234, on August 2, 1999 by Ordinance No. NS-2396, and on May 17,2004 by Ordinanœ No. NS-2652. 8 The Santa Ana Community Redevelopment Agency rAgency") Is proposing a fifth amendment ("Fifth Amendmentj to the Redevelopment Plan, the sole purpose of which is to merge the Project Area with the Central City Redevelopment Project. Inter-City Corrmuter Station Redevelopment Project. North Harbor Redevelopment Project. South Harbor Redevelopment Project, and the South Main Redevelopment Project ("Merged Projectsj. No amendment is proposed to the financial or time &mits or the boundaries of the Project Area. The financial and time Omits stated in the Redevelopment Plan, as amended, for the Project Area shaD remain in force and effect. The Redevelopment Plan is hereby further amended to include a new Part X to the Redevelopment Plan to read as foßows: x. (§1000) MERGER Upon the effective date of the ordinance adopting the Fifth Amendment to the Redevelopment Plan. and provided the ordinances become effective amending the Redevelopment Plans for the Merged Projeœ, the Bristol Corridor Redevelopment Project will hereby be merged with the Central City Redevelopment Project. Inter-City Commuter Station - Redevelopment Project, North Harbor Redevelopment PrOjeà.South Harbor Redevelopment Project. and the South Main Redevelopment Project. collectively referred to as the "Merged Redevelopment Projects". 8 EXHIBIT A Ordinance No. NS-2662 Page 9 of 9