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HomeMy WebLinkAboutOrdinance #2742 Not Voted On • • �!/or Uoko oN e4T /J,97- O ORDINANCE NO. 2742 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE PROPOSED/TALBERT GAP FLOOD CONTROL REDEVELOPMENT PROJECT PLAN i� WHEREAS, the City Council of the City of)Huntington Beach has received from the Redevelopment Agency of the City of Huntington Beach hereinafter referred to as/"Agency" , the proposed Redevelopment Plan for the TalberJt ---Gap 'Flood Control 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 2000 Main Street, Huntington Beach, California, and at the Office of the City Clerk, City Hall, 2000 Main Street, Huntington Beach, California, together with the Report of the Agency, including Ahe 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 Huntington Beach, hereinafter referred to as "Pl.anning Commission", 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 The Planning Commission has submitted to the City Council of the City of Huntington Beach its report and recommendations for not approving the Redevelopment Plan and its certification that the Redevelopmen((t Plan conforms to the General Plan for the City of Huntingt/on Beach; and The City Councjil and the Agency held a joint public hearing on November 19 1984, on adoption of the Redevelopment Plan and on certificatiL of the Final Environmental Impact Report on the Redevelopment Plan in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California; and A notice of said hearing was duly and regularly published in the Orange Coast Daily Pilot, a newspaper of general circulation/ in the City of Huntington Beach, once a week for four succe,Asive 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 Huntington Beach and Clerk of the Agency; and 1. Copies of the notice of joint public hearing wer mailed by certified mail with return receipt requested to t e last known address of each addressee, as shown on the la t equalized assessment roll of the County of Huntington Beach, f each parcel of land in the proposed Project Area; and Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested/to the government body of each taxing agency which receives taxes from property in the Project Area; and / The City Council has considered the report and recommendations of t —.Planning Commission, the report of the i5 Agency, the Redevelopment Plan and its economic feasibility, 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 The Agency and City Council hav reviewed and considered the Environmental Impact Report for7he Redevelopment 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 19, 1984 , by Agency Resolution No. and City Council Resolution No. a16 5 y � NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 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 eliminiaton of environmental deficiencies in the Project Area, including, among others inadequate public improvements. 2. Assisting in the financing, reconstruction and/or construction of flood control improvements and other public facilities. SECTION II. The City Council hereby finds and determines that: 1. The Project Area is a predominantly urbanized area which is aiblighted area, the redevelopment of which is necessary Ao effectuate 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 conditons which characterize the Project Area: (a) Existence of lot or other areas which are subject to being submerged by water. 2 . r (b) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including ina equate and insufficient drainage, which cannot be remedied ith private and governmental action without redevelopme t. (c) The existence of- properties which suff� from economic dislocation, deterioration and disuse r sulting from faulty planning. 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 can �t 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 on the fact that governmental action available to the City without redevelopment would be insufficient to cause any ignificant 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 or is developed for urban ,uses, as demonstrated by the Agency' s Report to Council. In addition, as demonstrated by the Agency' s Report to Council, the Project Area is part of an area developed for urban uses, such as residential and quasi-public. 3 . The Redevelopment Plan will redevelop the Project Area in conformity y�r1th the Community Redevelopment Law and in the interests of/the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of VAe conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of facilitiesr which need improvement, and providing for higher economic utAization 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 redevel/opment activity will be undertaken unless the Agency can demonstrate that it has adequate revenue to finance those aatiTities to be financed by the agency pursuant to the Redevelopment Plan; the Agency's Report to City Council pursuant to Health and Safety Code Section 33352 further demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. 3 . 5. The Redevelopment Plan conforms to the General Plan of the City of Huntington Beach. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Huntingt n Beach. 6. The carrying out of the Redevelopment P1 will promote the public peace, health, safety and welf e of the City of Huntington Beach and will effectuate the purposes and policy of the Community Redevelopment Law. Thi finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight by providing flood control improvements. 7 . 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 d required to prepare a precise plan to implement the relocation of families and persons displaced from the Project Area. The Agency recognizes that the provisions of Sections 7260 to 727% of the California Government Code would be applicable is the event such relocation would occur due to the implementaion by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation/ 8 . No housing facilities are included within the Project Area as to which occupants could be displaced by activities of the Agency; and no person or family will be required to move from any dwelling unit until suitable replacement housing is available. 9. There are no noncontiguous areas within the Project Area. 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 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Project Area were chosen on the basis that properties therein are similarly situated with respect to possible flooding or are necessary as potential sites for flood control improvements and whose inclusion is necessary to accomplish the objectives and benefits of the Redevelopment Plan. ll. ,'/ 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 4 . r existence of blighting influences, including the lack o� adequate public improvements and facilities, and the infeasibil}ty due to cost of requiring individuals to eradicate or signi/ficantly alleviate existing deficiencies in public improvements. SECTION III. The provisions of Section 33334 .5/of the Health and Safety Code are applicable. Nevertheless no displacement of residents will be cause by the development plan. SECTION IV. 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 V. Written objections to the Redevelopment Plan filed with the City Clerk of the City of Huntington Beach 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 VI. That certain document entitled "Redevelopment Plan for the Talbert Gap Flood Control Redevelopment Project, " 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 Huntington Beach, having been duly reviewed andAconsidered, ' 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 Talbert Gap Flood Control Redevelopment Project. "/ SECTION VII: In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this City Council hereby ,(�a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City of Huntington Beach 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 any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. SECTI...ON VIII: 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 Redevelopment Plan. 5. SECTION IX. The City Clerk is hereby directed to r cord with 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 X. The City Clerk is hereby directed to transmit a copy of the description and statement recorded b. the City Clerk pursuant to Section IX of this Ordinance, a copy of this Ordinance and a map or plat indicating the bound vies of the Project 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 Progrect Area and to the State Board of Equalization. SECTION XI. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION XII. Publication. The City Clerk is hereby ordered r and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Orange Coast Daily Pilot or the Huntington Beach Independent, both of which are newspapers of general circulation for the City of Huntington Beach. SECTION XIII. Severability. 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/ PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1984 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk 4 ity Attorney O► 1� -�. 6 . I REVIEWED AND APPROVED: INITIATED AND APPROVE : City Administrator uty Directo o / Redevelopme 7 . y ,�P ORDINANCE NO. 2742 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE PROPOSED TALBERT GAP FLOOD CONTROL REDEVELOPMENT PROJECT PLAN WHEREAS, the City Council of the City of Huntington Beach has received from the Redevelopment Agency of the City of Huntington Beach hereinafter referred to as "Agency" , the proposed Redevelopment Plan for the Talbert 'Gap Flood ,Co.ntrol 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 2000 Main Street, Huntington Beach, California, and at the Office of the City C1erk, .City" 'Hall, 2000 Main Street, Huntington Beach, 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 Huntington Beach, hereinafter referred to as "Planning Commission" , 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 The Planning Commission has submitted to the City Council of the City of Huntington Beach its report and recommendations for not approving the Redevelopment Plan and its certification that the Redevelopment Plan conforms to the General Plan for the City of Huntington Beach; and The City Council and the Agency held a joint public hearing on November 19 , 1984 , on adoption of the Redevelopment Plan and on certification of the Final Environmental Impact Report on the Redevelopment Plan in the City Council Chambers, City Hall, 2000 Main Street, Huntington Beach, California; and A notice of said hearing was duly and regularly published in the Orange Coast Daily Pilot, a newspaper of general circulation in the City of Huntington Beach, 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 Huntington Beach and Clerk of the Agency; and 1. 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 Huntington Beach, of each parcel of land in the proposed Project Area; and Copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the government body of each taxing agency which receives taxes from property in the Project Area; and The City Council has considered the report and recommendations of the--Planning Commission, the report of the Agency, the Redevelopment Plan and its economic feasibility, 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 The Agency and City Council have reviewed and considered the Environmental Impact Report for the Redevelopment 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 19 , 1984 , by Agency Resolution No. and City Council Resolution No. 8 ' Sy 63 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 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 eliminiation of environmental deficiencies in the Project .Area, including, among others inadequate public improvements. 2 . Assisting in the financing, reconstruction and/or construction of flood control improvements and other public facilities. SECTION II . The City Council hereby finds and determines that: 1. The Project 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 Sections 33000 et seq. ) . This finding is based upon the following conditons which characterize the Project Area: (a) Existence of lot or other areas which are subject to being submerged by water. 2 . (b) The existence of properties which suffer from deterioration and disuse because of inadequate public improvements, facilities and utilities, including inadequate and insufficient drainage,--which cannot be remedied with private and governmental action without redevelopment. (c) The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning. 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 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. 2 . The Project Area is an urbanized area. This finding is based upon the fact that not less than eighty percent (800) of the privately owned property in the Project Area has been or is developed for urban uses, as demonstrated by the Agency' s Report to Council. In addition, as demonstrated by the Agency' s Report to Council, the Project Area is part of an area developed for urban uses, such as residential and quasi-public . 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 redevelopment 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 facilities 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 those activities to be financed by the agency pursuant to the Redevelopment Plan; the Agency ' s Report to City Council pursuant to Health and Safety Code Section 33352 further demonstrates the economic soundness and feasibility of the Redevelopment Plan and undertakings pursuant thereto. 3 . 5 . The Redevelopment Plan conforms to the General Plan of the City of Huntington Beach. This finding is based on the finding of the Planning Commission that the Redevelopment Plan conforms to the General Plan for the City of Huntington Beach. 6 . The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Huntington Beach and will effectuate the purposes and policy of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight by providing flood control improvements . 7 . 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 implement the relocation 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 implementaion by the Agency of the Redevelopment Plan. The City Council finds and determines that the provision of relocation assistance according to law constitutes a feasible method for relocation. 8 . No housing facilities are included within the Project Area as to which occupants could be displaced by activities of the Agency; and no person or family will be required to move from any dwelling unit until suitable replacement housing is available. 9 . There are no noncontiguous areas within the Project Area. 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 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the Project Area were chosen on the basis that properties therein are similarly situated with respect to possible flooding or are necessary as potential sites for flood control improvements and 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 4 . existence of blighting influences, including the lack of adequate public improvements and facilities, and the infeasibility due to cost of requiring individuals to eradicate or significantly alleviate existing deficiencies in public improvements . SECTION III . The provisions of Section 33334 .5 of the Health and Safety Code are applicable. Nevertheless no displacement of residents will be cause by the development plan. SECTION IV. 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 V. Written objections to the Redevelopment Plan filed with the City Clerk of the City of Huntington Beach 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 VI. That certain document entitled "Redevelopment Plan for the Talbert Gap Flood Control Redevelopment Project, " 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 Huntington Beach, 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 Talbert Gap Flood Control Redevelopment Project. " SECTION VII : In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this City Council hereby (a) pledges its cooperation in helping to carry out the Redevelopment Plan, (b) requests the various officials, departments, boards and agencies of the City of Huntington Beach 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 any proceeding necessary to be carried out by the City under the provisions of the Redevelopment Plan. SECTION VIII : 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 Redevelopment Plan. 5 . SECTION IX. The City Clerk is hereby directed to record with 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 X. The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the City Clerk pursuant to Section IX of this Ordinance, a copy of this Ordinance and a map or plat indicating the boundaries of the Project 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 Project Area and to the State Board. of Equalization. SECTION XI. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage. r. SECTION XII . Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Orange Coast Daily Pilot or the Huntington Beach Independent, both of which are newspapers of general circulation for the City of Huntington Beach. SECTION XIII. Severability. 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. A PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1984 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk U" ity Attorney 6 . I REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator puty Directo of Redevelopme 7 .