Loading...
HomeMy WebLinkAbout2009-04-28 City Council Item No. 17 CITY OF LAKE ?' � LS I NO ICE DREAM EXTREME., REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 28, 2009 SUBJECT: SECOND READING - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCES NOS. 815, 987 AND 1249, AND APPROVING AND ADOPTING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III Discussion The above - referenced Ordinance was introduced at a regular City Council meeting on April 14, 2009, and is now being presented for second reading and adoption. Recommendation Waive further reading and adopt the attached Ordinance entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCES NOS. 815, 987 AND 1249, AND APPROVING AND ADOPTING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III Prepared By: Barbara Leibold, City Attorney Approved By: Robert A. Brady, City Manager Agenda Item No. 17 Page 1 of 8 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCES NOS. 815, 987 AND 1249, AND APPROVING AND ADOPTING THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR RANCHO LAGUNA REDEVELOPMENT PROJECT AREA NO. III WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") is a community redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the California Community Redevelopment Law (Part 1 of Division 24, commencing with Section 33000, of the Health and Safety Code of the State of California ( "CRL ")); and WHEREAS, the Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan ( "Redevelopment Plan ") for the Lake Elsinore Rancho Laguna Redevelopment Project Area No. III ( "Project Area ") which was adopted by the Agency's legislative body, the City Council of the City of Lake Elsinore ( "City Council "), by Ordinance No. 815 on September 8, 1987 and thereafter amended by Ordinance No. 987 on November 22, 1994 and Ordinance No. 1249 on February 26, 2008 ( "Project Area No. III "); and WHEREAS, the Agency desires to amend the Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. I ( "Third Amendment ") pursuant to CRL Sections 33450 -33458 to incorporate into a single Amended and Restated Redevelopment Plan all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan; and WHEREAS, the Agency has prepared and completed an Amended and Restated Redevelopment Plan in draft form for the Rancho Laguna Redevelopment Project Area No. III the ( "Amended and Restated Plan "); and WHEREAS, the ordinances adopting the Redevelopment Plan and subsequent amendments (collectively, the "Original Ordinances "), including the findings and determinations made by the City Council therein are made a part hereof by reference, and are final and conclusive, there having been no action timely brought to question the validity of the Redevelopment Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore ( "Planning Commission ") has reviewed the Amended and Restated Plan, recommended the approval and adoption of it and certified that the Amended and Restated Plan conforms to the General Plan; and WHEREAS, the City Council has received from the Agency the proposed Amended and Restated Plan, a copy of which is on file at the office of the City Clerk, Agenda Item No. 17 Page2of8 130 South Main Street, Lake Elsinore, California, together with the Agency's Report to the City Council, including a description and reasons for the Amended and Restated Plan; goals and objectives, proposed projects and blight elimination; the proposed method of financing, economic feasibility and reasons for including division of taxes pursuant to CRL Section 33670; the implementation plan; the method or plan for relocation; the report of the Planning Commission of the City with respect to the conformity of the Amended and Restated Plan with the General Plan; the Negative Declaration; a neighborhood impact report; and a summary of consultations with affected taxing agencies; and WHEREAS, a Project Area Committee was not required to be formed in connection with the Amended and Restated Plan because the proposed Amended and Restated Plan does not alter or provide the Agency with the authority to use eminent domain and does not add any territory to the Project Area; and WHEREAS, the City Council and the Agency held a joint public hearing on March 24, 2009, in the Cultural Center, 183 N. Main Street, Lake Elsinore, California, to consider the adoption of the Amended and Restated Plan; and WHEREAS, notice of said joint public hearing was duly and regularly published in a newspaper of general circulation in the City, once a week for four successive weeks prior to the date of such joint public hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Riverside; and WHEREAS, copies of the notice of joint public hearing were mailed by first class mail to all residents and businesses in the Project Area; 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 that receives taxes from property in the Project Area; and WHEREAS, the City Council has considered the report and recommendation of Agency Staff, the Planning Commission, the Agency's Report to the City Council, the Negative Declaration and the Amended and Restated Plan, 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 Amended and Restated Plan and has made written findings in response to each written objection of an affected property owner or taxing entity, if any, filed with the City Clerk before or during such joint public hearing; and WHEREAS, all actions required by law have been taken by all appropriate public bodies. Agenda Item No. 17 Page 3 of 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The purpose and intent of the Amended and Restated Redevelopment Plan is to incorporate into a single document all prior amendments, update the provisions of the Redevelopment Plan to reflect current CRL provisions, clarify and restate the time limits and financial limits of the Redevelopment Plan, update the land use designations for consistency with the City's General Plan as may be amended from time to time, and improve the format and presentation of the Redevelopment Plan. This action will improve the readability of the Redevelopment Plan and clarify ambiguities that currently present challenges in implementation. SECTION 2. Based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council prepared in accordance with CRL Section 33457.1, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amended and Restated Plan held on March 24, 2009, the City Council hereby makes the following findings and determinations: a) The Amended and Restated Plan will permit the continued redevelopment of the Project Area in conformity with the CRL and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the Amended and Restated Plan will update the provision of the Redevelopment Plan to reflect current CRL provisions. Also, the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan. In addition, the Amended and Restated Plan will clarify that any shortfall within the allowable annual allocation of tax increment is carried forward to the following year or years and is available to the Agency until the period of receipt of tax increment/repayment of debt has terminated, thereby providing funding for projects and programs to further eliminate existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. b) The adoption and carrying out of the Amended and Restated Plan is economically sound and feasible. This finding is based on the fact that under the Amended and Restated Plan, 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 Project Area; that under the Amended and Restated Plan, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the Amended and Restated Plan does not alter the financing plan previously prepared and included within the Agency's Reports to the City Council prepared for the Redevelopment Plan or the Amended and Restated Redevelopment Plan. Agenda Item No. 17 Page 4 of 8 c) The Amended and Restated Plan 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 Amended and Restated Plan conforms to the General Plan as set forth in its Resolution No. 2008 -106. d) The carrying out of the Amended and Restated Plan 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 the Amended and Restated Plan will provide for the ongoing consistency of permitted land uses between the Amended and Restated Plan and the City's General Plan for property within the Project Area, clarify ambiguities on the collection of tax increment and will improve the ease of administration of the Redevelopment Plan. This action will enable the Agency to fully achieve the goals and objectives for redevelopment of the Project Area pursuant to the Amended and Restated Plan and allow for the future development and redevelopment of the Project Area in accordance with the General Plan thereby further eliminating existing blighting conditions that remain in the Project Area and preventing the reoccurrence of blighting conditions. e) 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 Project Area. This finding is based upon the facts set forth in the Agency's Report to the City Council, in particular that: 1) the Agency has adopted the relocation guidelines promulgated by the California Department of Housing and Community Development requiring that relocation assistance and benefits be provided; and 2) the Amended and Restated Plan does not contemplate any actions that would lead to the displacement of any occupants of housing facilities in the Project Area. f) There are, or shall be provided, within the 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 number of and available to such displaced families and persons and reasonably accessible to their places of employment. 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 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. g) Upon the approval of this Ordinance amending Ordinances Nos. 815, 987, and 1249, and approving and adopting the Amended and Restated Redevelopment Plan for the Rancho Laguna Redevelopment Project Area No. III, the Amended and Restated Redevelopment Plan for Rancho Laguna Redevelopment Project Area No. III shall become the official redevelopment plan of the project area. Agenda Item No. 17 Page 5of8 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. 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. The City Council is satisfied that written findings have been adopted in response to each written objection, if any, of an affected property owner or taxing entity received either before or during the noticed joint public hearing on the Amended and Restated Plan. Having considered all evidence and testimony presented for or against any aspect of the Amended and Restated Plan, the City Council hereby overrules all written and oral objections to the Amended and Restated Plan. SECTION 5. The Agency and the City Council have reviewed and considered the Initial Study /Negative Declaration on the Amended and Restated Plan, as prepared and submitted pursuant to CEQA, the CEQA Guidelines, and CRL Section 33352, and determined that the Amended and Restated Plan will not have a significant effect on the environment. SECTION 6. The Redevelopment Plan, as adopted by the Original Ordinance, is hereby further amended as set forth in the Amended and Restated Plan distributed to the City Council and on file as a public record in the office of the City Clerk and incorporated herein by this reference. The Amended and Restated Plan and when filed with the City Clerk and the Secretary of the Agency, shall constitute the official Amended and Restated Redevelopment Plan for the Project Area. SECTION 7. In order to implement and facilitate the effectuation of the Amended and Restated Plan hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended and Restated Plan; (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 Amended and Restated 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 Amended and Restated Plan. SECTION 8. 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 Amended and Restated Plan. Agenda Item No. 17 Page 6of8 SECTION 9. The City Clerk is hereby directed to record with the County Recorder of the County of Riverside a notice of the approval and adoption of the Amended and Restated Plan pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amended and Restated Redevelopment Plan have been instituted under the CRL. SECTION 10. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same or a summary thereof to be published in a newspaper of general circulation, which is published and circulated in the City of Lake Elsinore. SECTION 11. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. SECTION 12. If any part of this Ordinance or the Amended and Restated Plan that it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or of the Amended and Restated Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amended and Restated Plan, if such invalid portion thereof had been deleted. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, of this 14 day of April, 2009. ROBERT MAGEE, MAYOR ATTEST: DEBORA THOMSEN, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Agenda Item No. 17 Page 7 of 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, DEBORA THOMSEN, Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. was duly introduced at a regular meeting of the City Council of the City of Lake Elsinore, on the 14 day of April 2009, and was passed by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CITY CLERK Agenda Item No. 17 Page 8 of 8