Loading...
HomeMy WebLinkAboutOrd. No. 1987-815ORDINANCE NO. 815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LAKE ELSINORE REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Lake Elsinore hereinafter referred to as the "Agency", has formulated and prepared the proposed Redevel- opment Plan for the Lake Elsinore Redevelopment Project, hereinafter referred to as the "Redevelopment Plan"; and, WHEREAS, the Planning Commission of the City of Lake Elsinore submitted its report and recommendation finding said proposed Redevelopment Plan to be in conformity with the General Plan and recommending approval of said proposed Redevelopment Plan; and, WHEREAS, the Agency has adopted rules governing participation and rules for reasonable reentry preferences to property owners, operators of businesses and tenants in the Project Area; and, WHEREAS, the Agency has adopted a Relocation Method as required by law; and, WHEREAS, the Agency submitted to the City Council of the City of Lake Elsinore, hereinafter referred to as the "City Council", said proposed Redevel- opment Plan; and, WHEREAS, the Agency has submitted the Report to City Council accompanying the Redevelopment Plan to the City Council; and, WHEREAS, that Report describes conditions of blight existing within the Project Area; and, WHEREAS; after due notice, a Joint Public Hearing has been held by the Agency and the City Council; and, WHEREAS, all actions required by law have been taken by all appropriate public agencies; and, WHEREAS, after said joint public hearing, the Agency approved said Redevelopment Plan and recommended adoption of said Redevelopment Plan to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, does hereby ordain as follows: SECTION 1. The purposes and intent of the City Council with respect to the Lake Elsinore Redevelopment Project Area, hereinafter referred to as the "Project Area" are: a) To eliminate and prevent the spread of physical, social and economic blight and deterioration by acquiring blighted properties for redevelopment to new uses, by constructing essential public improvements, and by providing financial assistance for rehabilitation of existing structures. b) To provide for construction which in turn will provide short-term and long-term employment opportunities and new goods and services for community residents. c) To alleviate conditions of social and economic maladjustment, including: Low per capita income levels, above average poverty and unemploy- ment rates, and higher incidences of criminal activity. d) To improve and expand the community's supply of low and moderate income housing by constructing new housing and rehabilitating existing housing affordable to all income segments of the community. e) To revitalize the decaying Central Business District. SECTION 2. The Redevelopment Plan for the Lake Elsinore Redevelopment Project is hereby approved and adopted and designated as the official Redevelopment Plan for the Lake Elsinore Redevelopment Project Area, and is incorporated herein by reference. SECTION 3. The City Council hereby finds and determines that: a) The Project Area is a blighted area for the reasons described in the Report to the City Council accompanying the Redevelopment Plan, the redevelop- ment of which is necessary to effectuate the public purposes declared in the California Health and Safety Code, Section 33000 et. seq.; b) The Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000 et. seq. in the interests of the public peace, health, safety and welfare; c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; d) The Redevelopment Plan conforms to the General Plan of the Lity of Lake Elsinore; e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Lake Elsinore and will effectuate the purposes and policies of the California Health and Safety Code, Section 33000 et. seq.; f) The condemnation of real property, as provided far in the Redevelop- ment Plan, may be necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as required by law; g) The Agency has adopted a feasible method for the relocation of families and persons who are temporarily or permanently displaced from facilities in the Project Area; h) 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, 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; i) All noncontiguous 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 such area pursuant to Section 33670 without other substantial justification for their inclusion; j) Inclusion of any land, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effec- tive redevelopment of the area of which they are a part; that any such area- included is necessary for effective redevelopment and is not included for the purposes of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code, Section 33670, without other substantial justification for its inclusion; k) The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 1) The effect of tax increment financing will not cause a significant burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 4. The City Council is satisfied permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Lake Elsinore at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family 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. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 5. The Redevelopment Plan for the Lake Elsinore Redevelopment Project Area provides for the expenditure of money by the City of Lake Elsinore in carrying out the Redevelopment Plan, and authorizes the City to finally assist the Agency by way of loans, grants or other financial assistance. The City Council hereby provides that such financial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency based on terms to be established by an agreement between the City and Agency, unless the City Council shall provide in specific cases that such assistance shall be treated other than as a loan. SECTION 6. To facilitate the implementation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to development approvals, the location and relocation of sewer and water facilities, and other public actions and accordingly, the City Council hereby: a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Lake Elsinore under the provisions of the Redevelopment Plan; and, b) Requests the various officials, departments, boards and agencies of the City of Lake Elsinore having administrative responsibilities for the City likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 7. All written and oral objections to the Redevelopment Plan hereby are overruled. SECTION 8. The City Clerk hereby is directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. SECTION 9. The City Clerk hereby is directed to record with the County Recorded of Riverside County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Health and Safety code, Section 33000 et. seq. The Agency hereby is directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10. The Community Development Department is hereby directed for a period of two years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a Redevelopment Project Area. SECTION 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance and a map or plan indicating the boundaries of the Lake Elsinore Redevelopment Project to the Auditor and Tax Assessor of the County of Riverside; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not collect their taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the Lake Elsinore Redevelopment Project and to the State Board of Equalization. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event, such documents shall be transmitted within thirty (30) days following the adoption of the Redevelopment Plan. SECTION 12 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law within fifteen (15) days after its passage. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of August, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS DOMINGUEZ, MATSON, STRIGOTTE VERMILLION NONE WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of September, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER J. yam/ R GOTT , MAYOR .CITY OF LAKE ELSINORE ATTEST: ~~ VICKI LYNN KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: `w'I/~~ JOHN R. HARPER, I Y ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 11, 1987, and had its second reading on September 8, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS DOMINGUEZ, MATSON, STRIGOTTE, VERMILLION NONE WINKLER i V..¢;. ~~Jk~~ VICKI LY.1vN KASAB, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 815, of said Council, and that the same has not been amended or repealed. DATED: September 10, 1987 ~~ ~~ 2.~~. ~~ VICKI LYNN KASAD, CITY CLERK CITY OF L~AI~E ELSINORE (SEAL)