HomeMy WebLinkAboutOrdinances - No. 1812ORDINANCE NO. 181 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR
THE LODl COMMUNITY IMPROVEMENT PROJECT
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WHEREAS, the Community Redevelopment Law (California Health and Safety Code
Division 24, Part 1) (the “CRL”) permits the adoption of redevelopment plans and specifies the
procedure for doing so; and
WHEREAS, the Redevelopment Agency of the City of Lodi (the “Agency”) has prepared
a redevelopment plan dated as of April 18, 2008, and entitled “Redevelopment Plan for the Lodi
Community Improvement Project” (the “Redevelopment Plan”), which includes the creation of
the Lodi Community Improvement Project Area (the “Project Area”); and
WHEREAS, the City Council of the City of Lodi (the “City Council”) proposes by this
Ordinance to adopt the Redevelopment Plan and to establish the Project Area, and
WHEREAS, the Agency has forwarded to the City Council and the City Council has
received a copy of the Redevelopment Plan, which is on file with the City Clerk at the Office of
the City Clerk of the City of Lodi, 221 West Pine Street, Lodi, California 95240, together with the
Report to the City Council of the Agency prepared pursuant to Section 33352 of the CRL (the
“Report to Council”), which includes a description and discussion of the Lodi Community
Improvement Project, and which discusses certain other matters as set forth in Section 33352 of
the CRL and including the Environmental Impact Report prepared for the Project (the “EIR”);
and
WHEREAS, consistent with the direction earlier given by the City Councif, the
Redevelopment Plan does not provide for the Agency to have or utilize the power of eminent
domain; and
WHEREAS, a Project Area Committee was not required to be formed in connection with
the subject Redevelopment Plan because the Redevelopment Plan does not include
authorization for the Agency to acquire by eminent domain property upon which people lawfully
reside (the Redevelopment Plan, in this case, does not contain any power of eminent domain of
the Agency); and
WHEREAS, by adoption of Resolution No. PC 08-09 of the Lodi Planning Commission on April 23, 2008, the Planning Commission has submitted to the City Council its report that the
Redevelopment Plan conforms to the Lodi General Plan and its rewmmendation for approval of
the Redevelopment Plan; and
WHEREAS, the City Council and the Agency held a joint public hearing on the proposed
adoption of the Redevelopment Plan in the City Council Chambers, City Hall, 221 West Pine
Street, Lodi, California; and
WHEREAS, notice of the joint public hearing was duly and regularly published in a
newspaper of general circulation in the City of Lodi (the “City) once a week for four (4)
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 Lodi and Secretary of the
Agency; and
WHEREAS, copies of the notice of the joint public hearing were mailed by first-class mail
to the last known address of each assessee, as shown on the last equalized assessment roll of
the County of San Joaquin, of each parcel of land in the Project Area, to each resident, and to
each business as practicable at least thirty (30) days prior to the joint public hearing; and
WHEREAS, copies of the notice of the joint public hearing were mailed by certified mail
with return receipt requested to the governing body of each taxing agency which receives taxes
from property in the Project Area; and
WHEREAS, in accordance with CRL Section 33350, each assessee whose property
would be subject to acquisition by purchase or condemnation was provided notice, either by
statement, list or map; and
WHEREAS, the City Council has considered the Report, the Redevelopment Plan, and
its effects, and the 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 adoption of the Redevelopment Plan; and
WHEREAS, the Agency and the City Council have reviewed and considered the EIR for
the Redevelopment Plan, prepared and submitted pursuant to Public Resources Code Section
21000 et seq. and Health & Safety Code Section 33352, and certified said EIR on June 18,
2008, by Agency Resolution No. RDA2008-05 and by City Council Resolution No. 2008-1 15;
and
WHEREAS, the City Council has received and has considered the Report to Council
from the Agency with regard to the Redevelopment Plan, 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 has made a written response to
each written objection of an affected property owner and taxing entity filed with the City Clerk
before the hour set for such joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODl DOES ORDAIN AS
FOLLOWS:
SECTION 1. The overall purpose of the City Council formulating the Redevelopment
Plan is to provide for the elimination or alleviation of physical and economic blighting conditions,
as defined in Sections 33030 and 33031 of the CRL, that exist within the Project Area. Broadly
stated, these conditions include, without limitation: physical deterioration of buildings and
facilities; potential threats to the public health and safety, inadequate public improvements and
facilities that are essential to the health and safety of local residents and property owners; areas
of incompatible land uses; lots of irregular form and shape and of inadequate size for proper
development; land contaminated by hazardous materials; and land suffering from depreciated or
stagnant values.
In eliminating blighting conditions, the Redevelopment Plan is intended to achieve the
Enhance existing business and residential neighborhoods, and encourage new in-fill
development as appropriate.
Encourage development according to the City’s General Plan, as it currently exists or
may be amended in the future.
following goals and will institute the following programs or activities:
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Help preserve and enhance existing conforming residential neighborhoods through
landscaping, street and other infrastructure improvements.
Work with business and property owners to upgrade their properties in the Project
Area.
Rehabilitate deteriorated residential and commercial properties to eliminate safety
deficiencies to extend the useful lives of these structures.
Encourage policies that protect historic structures and ensure historic preservation in
the Project Area.
Work with property owners and businesses to clean up properties that are or have
been exposed to hazardous materials.
Work with property owners to eliminate the negative impacts related to non-
conforming land uses.
Provide for an appropriate buffer to residential neighborhoods from noise, odors, and
vibrations for non-residential uses.
Promote and ensure an environment that is friendly and safe for pedestrians.
Strengthen pedestrian connections between neighborhoods, and from the Project
Area to the rest of the City.
Create successful commercial and industrial employment areas to serve local
residents, businesses, employees and visitors.
Develop infrastructure improvements that facilitate private investment in the Project
Area.
Assist economically depressed properties to reverse stagnant or declining property
investment through infrastructure improvements and programs.
Expand opportunities for shopping and services by encouraging the development of
new commercial uses that fulfill unmet needs in the community and rehabilitation of
existing commercial properties.
Work with property owners to consolidate parcels to induce new or expanded
business development.
Promote the development of new commercial and industrial opportunities that
provide for diverse employment opportunities.
Provide relocation assistance to businesses and residents in accordance with current
law.
Establish the Project Area as a community with a high-quality housing stock that
includes a variety of housing unit types affordable to a wide range of households.
Improve the appearance and attractiveness of residential neighborhoods through
neighborhood improvement programs, and code enforcement efforts.
Protect the health and general welfare of the Project Area’s low- and moderate-
income residents by utilizing 20% of the property tax increment revenues to improve,
increase and preserve the supply of low- and moderate-income housing.
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Provide replacement housing as required by law if any dwelling units affordable to
low- or moderate-income persons or families are lost from the housing supply as a
result of Agency activities.
Provide relocation assistance to businesses and households displaced by Agency
activities.
Provide housing rehabilitation programs to upgrade properties to eliminate blight and
adverse code conditions.
Improve the Project Area’s public infrastructure system to ensure public health,
safety and welfare of residents, businesses, and properties.
Provide for improvements to the infrastructure system that cannot be undertaken by
a single property owner, but must be improved on an area-wide basis such as
drainage improvements, water distribution lines, flood control facilities, and under-
grounding of utilities.
Provide a range of public infrastructure improvements that induce or facilitate private
investment such as intersection upgrades, streets, curbs and gutters, sidewalks,
street medians, and parking management facilities.
Work with property owners on the location and timing of improvements to
economically assist the repositioning and development of parcels.
Ensure that the Lodi Community Improvement Project is managed in the most
efficient, effective and economical manner possible.
Encourage the cooperation and participation of property owners, tenants, residents,
public agencies, and community organizations in the elimination of blighting
conditions and the promotion of new or improved development in the Project Area.
Establish programs and activities which assist, complement, and coordinate with
public and private development and encourage revitalization and enhancement in
the Project Area.
Oversee the necessary infrastructure improvements in a coordinated and efficient
manner.
SECTION 2. The City Council hereby finds and determines, based on the evidence in
the record, including, but not limited to, the Report and all documents referenced therein, and
testimony received at the joint public hearing on adoption of the subject Redevelopment. Plan
that:
a) The Project Area is a blighted area pursuant to the CRL, the redevelopment of which
is necessary to effectuate the public purposes of the CRL. These findings are based
in part on testimony and the Report to Council.
b) The Redevelopment Plan will redevelop 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 redevelopment of the Project Area will implement the
objectives of the CRL by aiding in the elimination and correction of the conditions of
blight, providing for planning, development, redesign, clearance, reconstruction or
rehabilitation of properties which need improvement, and providing for higher
economic utilization of potentially useful land and on testimony and the Report to
Council.
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c) The adoption and carrying out of the “Project” (as described in the Redevelopment
Plan) is economically sound and feasible. This finding is based in part on the fact
that within the passage of the Project, the Agency will engage in activities within the
financial capability of the Agency based upon the revenues that will be available to
the Agency and will pursue those activities which are consistent with revenues
realized after adoption of the Project. Furthermore, this finding is based upon the
fact that the Agency’s Report further discusses and demonstrates the economic
soundness and feasibility of the Project and undertakings pursuant thereto, even
after adoption of the Project and on testimony and the Report to Council.
d) The Redevelopment Plan is consistent with the City of Lodi’s 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 1 of Title 7 of the Government Code. This finding is based in part on the
Lodi General Plan (Planning Commission Resolution No. PC 08-09, adopted April
23,2008) and on testimony and the Report to Council.
e) The carrying out of the Redevelopment Plan would promote the public peace, health,
safety and welfare of the community and will effectuate the purposes and policies of
the CRL. This finding is based on the fact that redevelopment will benefit the Project
Area and the community by allowing the Agency to correct continuing 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 the Project Area and the community and on testimony and the
Report to Council.
f) The Agency has a feasible method for the relocation of families and persons
displaced, if any, from the Project Area. The City Council and the Agency recognize
that the provisions of Sections 7260 to 7276 of the California Government Code
would be applicable to any relocation that would occur due to the implementation 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.
g) 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 any families and persons
displaced from the Project Area, if any, decent, safe and sanitary dwellings equal in
number to the number of and available to the displaced families and persons, and
reasonably accessible to their places of employment.
h) Families and persons shall not be displaced prior to the adoption of a relocation plan
pursuant to Sections 3341 1 and 3341 1 .I of the CRL and other applicable provisions
of law. 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 the applicable provisions of Sections 3334.5, 33413 and 33413.5 of the
CRL. The Agency has adopted a method of relocation for the Project Area which
incorporates the California Relocation Assistance and Real Property Acquisition
Guidelines. The method provides that no persons or families of low and moderate
income shall be displaced 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.
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i) All noncontiguous areas of the Project Area, if any, 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 of the CRL without
other substantial justification for their inclusion. The Project Area is a blighted area
which is characterized by a combination of conditions which are prevalent and so
substantial that it causes a reduction of, and lack of, proper utilization of the area to
such an extent that it constitutes a serious physical and economic burden on the
community which cannot be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without redevelopment.
j) Inclusion of any lands, buildings or improvements into the Project Area, 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 CRL without other substantial
justification for its inclusion. This finding is based in part upon the fact that the
boundaries of the Project Area were specifically drawn to include only those lands
that were underutilized because of blighting influences, or to include land affected by
the existence of blighting influences or land uses significantly contributing to the
conditions of blight, or to include land that is necessary for effective redevelopment,
which inclusion is necessary to accomplish the objectives and benefits of the
Redevelopment Plan and on testimony and the Report to Council.
k) 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 in part upon the
continued existence of blighting influences including, without limitation, the
demonstrated lack of private sector interest in redeveloping properties in the Project
Area, structural deficiencies and other indications of blight more fully enumerated in
the Report, and the infeasibility due to cost of requiring individuals (by means of
assessment or otherwise) to eradicate or significantly alleviate existing deficiencies
in properties and facilities and the inability and inadequacy of other governmental
programs and financing mechanisms to eliminate the blighting conditions and on
testimony and the Report to Council.
I) The Project Area is predominately urbanized, as defined by subdivision (b) of CRL
Section 33320.1. This finding is based in part on testimony and the Report to
Council.
m) The time limitations contained in the Redevelopment 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. This finding is based on testimony
and the Report to Council.
n) The limitation on the number of dollars to be allocated to the Agency as contained in
the Redevelopment Plan is reasonably related to the proposed projects to be
implemented in the Project Area and the ability of the Agency to eliminate blight
within the Project Area. This finding is based on testimony and the Report to
Council.
0) The implementation of the Redevelopment Plan will improve or alleviate the physical
and economic conditions of blight in the Project Area, as described in the Report.
This finding is based on testimony and the Report to Council.
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p) The Redevelopment Plan contains adequate safeguards so that the work of
redevelopment will be carried out pursuant to the Redevelopment Plan, and it
provides for the retention of controls and the establishment of restrictions and
covenants running with the land on land sold or leased for private use for periods of
time and under conditions specified in the Redevelopment Plan, which the City
Council deems necessary to effectuate the purposes of the Health and Safety Code.
This finding is based on testimony and the Report to Council.
q) Based upon the record of the joint public hearing held on the Redevelopment Plan
and the various reports and other information provided to the City Council, the City
Council is satisfied that permanent housing facilities will be available within three
years from the time occupants of the Project Area, may be displaced and that
pending the development of such facilities, there will be available to such occupants
who may be displaced adequate temporary housing facilities at rents comparable to
those in the City at the time of their displacement.
-. The City Council is satisfied that permanent housing facilities will be
available within three years from the time residential occupants of the Redevelopment Project
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 statement 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 is a suitable housing unit available and ready for occupancy
by such displaced persons or families at rents comparable to those at the time of their
displacement and on testimony and the Report to Council. 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. This statement is made pursuant to the requirements of the CRL
notwithstanding the expectation that there will not be displacement of residential occupants in
connection with the actions of the Agency in implementing the Redevelopment Plan.
SECTION 4. The City Council has considered written objections, if any, to the
Redevelopment Plan and all evidence and testimony for and against the adoption of the
Redevelopment Plan. All written objections, if any, have been overruled.
SECTION 5. The City Council has previously approved all appropriate environmental
findings and determinations required in connection with the adoption of the Redevelopment
Project.
SECTION 6. That certain “Redevelopment Plan for the Lodi Community Improvement
Project” (also referred to above as the “Redevelopment Plan”) a copy of which is on file in the
office of the Agency and the office of the City Clerk, having been duly reviewed and considered,
is hereby approved and adopted. The Redevelopment Plan, which is incorporated herein by
reference, is hereby designated, approved, and adopted as the official redevelopment plan for
the Project Area and the Lodi Community Improvement Project.
SECTION 7. In order to implement and facilitate the effectuation of the Redevelopment
Project 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 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
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appropriate action upon proposals and measures designed to effectuate the Redevelopment
Plan, and (d) declares its intention to undertake and complete any proceeding, including the
expenditure of moneys, necessary to be carried out by the City under the provisions of the
Redevelopment 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 Redevelopment Plan.
SECTION 9. The City Clerk is hereby directed to record the subject Redevelopment
Plan or a notice that such Redevelopment Plan has been adopted in the Official Records of
San Joaquin County as promptly as practicable. The City Clerk is further directed to record,
within sixty (60) days of the passage of this Ordinance, in the Official Records of San Joaquin
County, the notice required pursuant to Section 33373 of the CRL, which notice must include 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 CRL.
SECTION 10. The City Clerk is hereby authorized and directed to certify to the passage
of this Ordinance and to cause the same to be published in the Lodi News Sentinel, a
newspaper of general circulation which is published and circulated in the City of Lodi.
SECTION 11. If any part of this Ordinance or the subject Redevelopment Plan which it
approves is held to be invalid for any reason, such decision shall not effect the validity of the
remaining portion of this Ordinance or of the subject Redevelopment Plan, and this City Council
hereby declares that it would have passed the remainder of the Ordinance or approved the
remainder of the subject Redevelopment Plan if such invalid portion thereof had been deleted.
SECTION 12. This Ordinance shall be in full force and effect at the earliest date
provided by law.
Approved this 2"d day of July, 2008
Attest: kkL
City Clerk
d/ Mayor
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State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1812
was introduced at a regular meeting of the City Council of the City of Lodi held June 18, 2008,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held July 2, 2008, by the following vote:
COUNCIL MEMBERS - Hansen, Johnson, and Katzakian
COUNCIL MEMBERS - Mayor Mounce
AYES:
NOES;
ABSENT: COUNCIL MEMBERS - Hitchcock
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1812 was approved and signed by the Mayor on the date of
its passage and the same has been published ant to law. &
RAND1 JOHL
City Clerk
Approved as to Form:
A-
City Attorney -
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