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HomeMy WebLinkAboutResolutions - No. 2008-204 ERRESOLUTION NO. 2008-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 3,2009, FOR THE SUBMISSION TO THE QUALIFIED VOTERS AN ORDINANCE WHEREAS, the City Council of the City of Lodi on July 2, 2008, adopted Ordinance No. 1812 approving and adopting the Redevelopment Plan for the Lodi Community Improvement Project; and WHEREAS, the ordinance was published as required by law; and WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 2, (commencing at §9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Lodi signed by more than ten percent (10%) of the registered voters of the City to repeal the ordinance or submit it to a vote of the voters; and WHEREAS, the City Clerk, through the County Registrarof Voters, examined the records cf registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the repeal of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Lodi, California, on Tuesday, March 3, 2009, a Special Municipal Election for the purpose of submitting the following ordinance: Shall Ordinance No. 1812 entitled, "An Ordinance of the City Council of YES the City of Lodi Approving and Adopting the Redevelopment Plan for the Lodi Community Improvement Project," be adopted? NO SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk, through the County Registrar of Voters, is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls shall be open at seven o'clock a.m. Cr the day cf the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code §10242, except as provided in §14401 cf the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required bylaw. SECTION 8. That the City Clerk shall certify to the passage and adoption cf this resolution and enter it into the book of original resolutions. Dated: October 15, 2008 I hereby certify that Resolution No. 2008-204 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 15, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Katzakian COUNCIL MEMBERS — Mayor Mounce COUNCIL MEMBERS — None COUNCIL MEMBERS — None 2008-204 2 ZI JOHL City Clerk ORDINANCE NO. 1812 EXHIBIT Al AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LODI COMMUNITY IMPROVEMENT PROJECT WHEREAS, the Community Redevelopment Law (California Health and Safety Code Division 24, Part 1 )the "CRC`) permits the adoption of redevelopment plans and specifies the procedurefor doing so; and WHEREAS, the RedevelopmentAgency 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 Ordinanceto 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 Council, 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 reportthat the Redevelopment Plan conformsto the Lodi General Plan and its recommendationfor 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 maa to the last known address cf 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 cf the joint public hearing were mailed by certified mad with return receipt requested to the governing body cf each ging 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 cr 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 cr against any and all aspects cf the adoption cf the Redevelopment Plan; and WHEREAS, the Agency and the City Council have reviewed and considered the E i R 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. 2008-115; 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 CJOUNCL OF THE CITY OF LODI DOES ORDAIN AS FOLLOWS: SECTION 1. The overall purpose cf the City Council formulating the Redevelopment Plan is to provide for the elimination or alleviation cf physical and economic blighting conditions, as defined. in Sections 33030 and 33031 cf the CRL, that exist within the Project Area. Broadly stated, these conditions include, without limitation: physical deterioration cf buildings and facilities; potential threats to the public health and safety, inadequate public improvements and facilities that are essential to the health and safety cf local residents and property owners; areas cf incompatible land uses; lots cf irregular form and shape and cf 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 following goals and will institute the following programs or activities: Enhance existing business and residential neighborhoods, and encourage new infill development as appropriate. • Encourage development according to the City's General Plan, a s it currently exists or may be amended in the future. 2 • 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 deficienciesto 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 bufferto residential neighborhoods from noise, odors, and vibrations for non-residential uses. • Promote and ensure an environmentthat 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 investmentthrough 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 affordableto 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 propertytax increment revenues to improve, increase and preserve the supply of low- and moderate -income housing. 3 O 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 cf 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 cf utilities. • Provide a range cf 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 cf improvements to economically assist the repositioning and development cf parcels. • Ensure that the Lodi Community Improvement Project is managed in the most efficient, effective and economical manner possible. • Encourage the cooperation and participation cf property owners, tenants, residents, public agencies, and community organizations in the elimination cf blighting conditions and the promotion cf 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 cf which is necessary to effectuate the public purposes cf 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 cf the public health, safety and welfare. This finding is based in part upon the fact that redevelopment cf the Project Area will implement the objectives cf the CRL by aiding in the elimination and correction cf the conditions Cr blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement, and providing for higher economic utilization cf potentially useful land and on testimony and the Report to Council. 4 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 Reportto Council. d) The Redevelopment Plan is consistent with the City of Lodi's General Plan including, but not limited to, the Housing Elementthereof, 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 benefitthe 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 Reportto 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 cf 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 33411 and 33411.1 of the CRL and other applicable provisions cf 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 33413.5of the CRL. The Agency has adopted a method cf 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. 61 i) All noncontiguous areas cf the Project Area, if any, are either blighted or necessary for effective redevelopment and are not included for the purpose cf obtaining the allocation cf taxes from such area pursuant to Section 33670 cf the CRL without other substantial justification fortheir 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 cf 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 cf any lands, buildings cr improvements into the Project Area, which are not detrimental to the public health, safety or welfare, is necessary for the effective redevelopment cf the entire area cf which they are a part, and any such area is not j included for the purpose of obtaining the allocation cf tax increment revenues from such area pursuant to Section 33670 cf 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 cf blighting influences or land uses significantly contributing to the conditions cf 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 cf the Agency. This finding is based in part upon the continued existence cf blighting influences including, without limitation, the demonstrated lack cf private sector interest in redeveloping properties in the Project Area, structural deficiencies and other indications cf blight more fully enumerated in the Report, and the infeasibility due to cost cf requiring individuals (by means of assessment or otherwise) to eradicate or significantly alleviate existing deficiencies in properties and facilities and the inability and inadequacy cf other governmental programs and financing mechanisms to eliminate the blighting conditions and on testimony and the Report to Council. 1) 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 cf 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 ff 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 cf the Agency to eliminate blight within the Project Area. This finding is based on testimony and the Report to Council. o) The implementation cf the Redevelopment Plan will improve or alleviate the physical and economic conditions cf blight in the Project Area, as described in the Report. This finding is based on testimony and the Report to Council. Gl p) The Redevelopment Plan contains adequate safeguards so that the work cf redevelopment will be carried out pursuant to the Redevelopment Plan, and it provides for the retention of controls and the establishment cf 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 effectuatethe purposes cf the Health and Safety Code. This finding is based on testimony and the Report to Council. q) Based upon the record cf 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. SECTION 3. 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 cf their displacement. This statement is based upon the City Council's finding that no persons or families cf 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 cf 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 cf residential occupants in connection with the actions cf 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 cf 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 cf which is on file in the office cf 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 cf 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 cf the Project Area, (c) stands ready to consider and take 7 appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan, and (d) declares its intention to undertake and complete any proceeding, includingthe expenditure of moneys, necessaryto 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 responsibilityfor carrying outthe Redevelopment Plan. SECTIONS. 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 cf this Ordinance, in the Official Records of San Joaquin County, the notice required pursuantto Section 33373 of the CRL, which notice must includea description of the land within the Project Area and a statement that proceedingsfor the redevelopmentof the ProjectArea have been instituted underthe CRL. SECTION 10. The City Clerk is herebyauthorized and directedto certifyto the passage of this Ordinance and to cause the same to be published in the Lodi News Sentinel, a newspaperof general circulation which is publishedand circulated in the City of Lodi. SECTION 11. If any part of this Ordinance or the subject Redevelopment Planwhich it approves is heldto be invalidfor any reason, such decision shall not effect the validityof the remaining portion of this Ordinanceorof the subject Redevelopment Plan, andthis CityCouncil hereby declares that it would have passed the remaindercf the Ordinance or approved the remaindercfthe subject RedevelopmentPlan if such invalid portionthereof had beendeleted. 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 1 6" JOANNE M®1HM Mayor Attest: �&JOHL City Clerk 8 State of California County of San Joaquin, ss. I, RandiJohl, City Clerkcf the City of Lodi, do hereby certify that Ordinance No. 1812 was introducedat a regular meeting of the City Council of the City cf Lodi held June 18,2008, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council heldJuly 2, 2008, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, and Katzakian NOES; COUNCIL MEMBERS—Mayor Mounce ABSENT: COUW-M MEMBERS —Hitchcock ABSTAIN: COUNCIL MEMBERS— None further certify that Ordinance No. 1812was approved and signed by the Mayoron the date of its passageandthe same has been published ant to law, RANDIJOHL City Clerk Approved as to Form: _ Com• DSCH ' $AUER City Attorney 9