O1747
ORDINANCE NO. 1747 (CCS)
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE SANTA .MONICA
EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT,
DECLARING THIS ORDINANCE'TO BE AN EMERGENCY
ORDINANCE, AND STATING THE REASONS THEREFO'R
WHEREAS, on January 17. 1994 and thereafter, the "Northridge Earthquake,"
followed by a multitude of severe aftershocks, occurred, with disastrous consequences ,
in the City of Santa Monica; and~,. ':,;:' .., , .' -
WHEFjEAS, the Governor of the Stq.te has certified the need for assistance and has
officially designated an earthquake disaster area which ,includes the City of Santa Monica;
Md' '
, ,
WHEREAS, the President of the United States has declared the earthquake to be
a major disaster under federal law; and
WHEREAS, at the direction of the City Council of the City of Santa Monica, a
Redevelopment Plan was prepared by the Redevelopment Agency of the City of Santa
Monica ("Agency") for a proposed Santa Monica Earthquake Recovery Redevelopment
Project (the "Project"), pursuant to the Community Redevelopment Law (California Health
and Safety Code, Section 33000 et seq.) and the Community Redevelopment Financial
Assistance and Disaster Project Law (California Health and Safety Code, Section 34000
et seq., "Disaster Project Law"); and
WHEREAS, the Disaster Project Law provides for the redevelopment of areaS
pursuant to the Community Redevelopment Law which have been devastated by' a
disaster as defined and designated in the Disaster Project Law, and without regard to
certain . specified procedures and requirements normally found in the Community
Redevelopment Law for the adoption of redevelopment projects; and
WHEREAS, Section 34003 of the Disaster Project Law defines a "Disaster" as any
flood, fire, hurricane, earthquake, storm, tidal wave, or other catastrophe occurring on or
after March 1, 1964, respecting which the Governor of the State has certified the' need for
assistance and which the President of the United States has determined to be a major
disaster pursuant to federal law; and
WHEREAS, Section 34004 of the Disaster Project Law defines "Disaster Area" as
a redevelopment area designated by the legislative body of the community as provided
in the Community Redevelopment Law, which redevelopment area the legislative body has
determined to be in need of redevelopment, rehabilitation or renewal as the result of the
disaster; and
WHEREAS, the Disaster Project Law permits a redevelopment agency and the
legislative body of a community to plan, undertake, approve and carry out a
redevelopment project in a disaster area pursuant to the Community Redevelopment Law
without regard to certain early planning and other requirements of the Community
Redevelopment laW in order to speed-up the process of correcting damage caused by
the disaster; and
,-,
dg
,e
n
WHEREAS, Section 34013 of the Disaster Project Law provides that the ordinance
adopting the redevelopment plan for a disaster area may be adopted as an emergency
ordinance; and
WHEREAS, the . City Council of the City of Santa Monica by Resolution adopted
March 22, 1994 designated the Earthquake Recovery Redevelopment Survey Area and
author!zed the commencef0ent of actions to determine ira redevelopment project within
said area was feasible; and
" , WHEREAS, on March 29, 1994. the Redevelopment Agency of the City of Santa
Monica (the "Agency") by Resolution designated the 1993/94 assessment roll as the base
year assessment roll to be used, for the allocation of taxes pursuant to Section 33670 of
the Community Hedevelopment Law for the pro'posed Redevelopment Project and
authorized the transmittal of documents to the State Board of Equalization and County
taxing officials and entities which levy taxes or for whom taxes are levied on property in
the proposed Project Area (the "Affected Taxing Entities"); and
(::.
WHEREAS~on March 31, 1994, the Agency transmitted applicable documents to
the State Board of Equalization and all County Affected Taxing Entities which included a
statement that a Redevelopment Plan for a proposed Earthquake Recovery Project was
being prepared, and offered to consult with all Affected Taxing Entities; and
WHEREAS, the Agency has formulated and prepared 'a proposed Redevelopment'
Plan for the Santa Monica Earthquake Recovery Redevelopment Project Area (the "Project
Area") and a Preliminary Report and'Report to the City Council on the Adoption of the
Proposed Redevelopment Plan for the Santa Monica, Ear:thquake .Recovery
Redevelopment Project Area (the "Report to Council") in accordance with the provisions
of the Disaster Project Law and the Community Redevelopment Law; and
WHEREAS, the. City Council has received from, the Agency, the proposed
Redevelopment Plan together, with the Preli,minary Report. and Report to Council which
Report includes: facts establishing that a disast~r has occurred; the reasons for the
selection of the Project Area; specific projects proposed by the Agency; why
redevelopment cannot be accomplished by private enterprise or by alternatives to tax
increment financing; the need for redevelopment; a description of the physical, social and
economic conditions existing in the Project Area; a proposed implementation plan; the
proposed ,method of financing the redevelopment of the Project Area; the plan and
- 2 -
method of relocation; a neighborhood impact report; and facts showing that the area is
predominantly urbanized; and
WHEREAS, on June 21, 1994, by Resolution the Agency found and determined:
(1) that the approval and adoption of the Red~velopment Plan is being undertaken as the
result of a disaster, and the Project is in a disaster~stricken area in which a state of
emergency has been proclaimed by the Governor of the State pursuant to Chapter 7
(commencing with Section 8550) of Division 1, Tit[e 2 of the California GovernmentCode;
and (2) that the approval and adoption of the Redevelopment Plan is exempt under
California Public Resources Code Section 21080(b) and Section 15269 of Title 14 of the
California Code of Regulations; and
WHEREAS, on May 24, 1994, by Resolution the Agency adopted rules governing.
participation by and preferences to property owners' and business occupants in the
Project Area; and ' ,
WHEREAS, the City Council and the Agency held a join~;public hearing on June
21, 1994 to consider the approval and adoption of the proposed Redevelopment Plan;
and
WHEREAS, a notice of joint public hearin,g was duly published at the time and in
the manner required by law; and
WHEREAS,copies of the notice of joint public hearing W!3re mailed by certified mail
with return receipt requested to the governing body of each Affected Taxing Entity which
receives taxes from property in the Project Area, along with the proposed Redevelopment
Plan and the Report to Council; and
WHEREAS, all actions required by law have been taken by all appropriate public
, agencies;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOllOWS;
SECTION 1. Purposes and Intent. The purposes and intent of the City Council
with respect to the Project Area are to undertake, carry out, or approve projects to
maintain, repair, restore, or replace property and facilities damaged and destroyed as a
result of the Earthquake, and to perform actions necessary to prevent or mitigate an
emergency located within the Project Area, in accord with the General Plan, specific plans
and local codes and ordinances, in order to:
1. Provide financial and technical assistance to owners and tenants of residential,
commercial and other real property and improvements damaged as a result of the
Earthquake.
- 3 -
2. Maintain and promote private sector investment within the Project Area to prevent
the loss of and to restore commercial sales activity.
3. Achieve an environment reflecting a high level of concern for architectural,
landscape, and urban design and land use principles appropriate for attainment
of the 'objectives of the Redevelopment Plan.
4~ Retain and restore' as many existing. businesses as possible, by means of
redevelopment and rehabilitation activities and by encouraging and assisting the
cooperation and participation of owners, businesses and public agencies in the
redevelopment of the Project Area.
5. . Preserve, and restore sales, business license, and other fees, taxes arid revenues
to the City of Santa Monica to' at least pre-Earthquake levels.
, 6. Preserve the area's existing employment base and restore local job opportunities
affected by the Earthquake~
7. Replan, redesign and develop areas which are damaged, stagnant or improperly
utilized as a result of the Earthquake.
8.
Repair 'or ameliorate vehicular circulation systems; water, sewer and storm
drainage systems; off-street parking; and other similar public improvements,
facilities and utilities whose deficiencies adversely affect the Project Area. '
~.,~~i"l:'
:~ .,
~~-../
9. Replace and improve the community's supply of housing (inside or outside the
Project Area), including opportunities for low- and moderate-income ~ouseholds.
SECTION 2. Emergency Ordinance. This Ordinance is adopted as an
emergency ordinance, and shall take effect upon its adoption and is not subject to
referendum. The City Council hereby finds and determines that the Earthquake and
continuing aftershocks beginning on January 17. 1994 were of sufficient severity and
magnitude to make this measure necessary for the immediate preservation of the public
peace, health, and safety.
This finding is based upon substantial evidence in the record, including, but not limited
to, the Agency's Report to Council and al/ documents referenced therein, and evidence
and testimony received at the joint public hearing on adoption-of the Redevelopment Plan.
The legal authority for the enactment of this Ordinance as an emergency ordinance is
Section 34013 of the Disaster Project Law.
SECTION 3. Desiqnation of Disaster Area. The City Council hereby designates
the Project Area as a "Disaster Area" as defined in Section 34004 of the Disaster Project
Law and hereby determines that such Area is in need of redevelopment and rehabilitation
- 4 -
as the result of a disaster, as such term is defined in Section 34003 of the Disaster Project
Law.
This designation is based on substantial evidence in the record, including, but not
limited to, the Agency's Report to Council and all documents referenced therein, and
evidence and testimony received at the joint public hearing on adoption of the
Redevelopment Plan.
SECTION 4. Findings. The City Council hereby finds and determines, based
on substantial evidence in the record including but not limited to the Agency's Report to
Council, and all documents referenced therein, and evidence and testimony received at
the joint public hearing on adoption of the Redevelopment Plan held on June' 21, 1994,
that:
(a). The Project Area is in need of redevelopment and. rehabilitation as the result
, of a' disaster,as such term is .defined in Section 34003 of the Disaster
Project J:..aw. . ..., '
This finding is based in part on the Report to Council. and all documents
referenced therein, and evidence and testimony received at the joint public
hearing including but not limited to the following facts and conditions which
characterize the Project Area:
(1) Ah Earthquake occurred in the area on January 17, 1994 and
was followed by continuing aftershocks.
(2) The Governor of the State has certified the need for assistance
as a result 6f the Earthquake.
(3) The President of the United States has determined that the
Earthquake was a major disaster pursuant to Public Law 875,
81 st Congress.
(4) Improved properties within the Project ,Area were damaged and
destroyed as a result of the Earthquake. '
[Report to Council, Intro., 9 C, pp. 7-8]
(b) The Project Area is predominantly urbanized, as defined by Health and
Safety Code Section 33320.1.
This finding is based upon the fact that the Project Area is a part of an area
developed for urban uses, and only includes approximately 45 scattered
vacant parcels of approximately 9.5 acres which represents less than one
percent of the total acres in the Project Area. [!g.,' Part VIII, p. 50}
- 5 -
(c)
The Redevelopment Plan would redevelop the Project Area inconformity
with the Community Redevelopment Law and the Disaster Project Law and
in the interests of the public peace, health, safety and welfare, and is
necessary to effectuate the ' public purposes of, the Community
Redevelopment Law and the Disaster Project Law.
..f'-'"" .,
~r .
"
The proposed Earthquake Recovery Redevelopment Project will provide
financial assistance to affected landowners and tenants so that the repair
and'reconstruction of the areas Which sustained significant damage can be
. accomplished expeditiously. Immediate action is needed to prevent further
deterioration of damaged structures, to allow the resumption of business
and limit losses and prevent further loss of clients for local merchants~ to
revive the economic vitality of the area and to prevent further dislocation of
, businesses out of toe 'area.:' Similarly, expeditious action is needed to
replace multi-family housing which was destroyed and damaged by the
Earthquake. '[!g., Intro., 9 B, p. 6] ,
(d)
The adoption and carrying out of the Redevelopment Plan is economically
sound and feasible.' ,
This findingJs based on the facts that the Redevelopment Plan authorizes'
the Agency to finance Project implementation activities with financial
assistance from the City, State, Federal government, tax increment funds"f"-"'"
interest income, Agency bonds, donations,' loans from private financial '\t::~y
institutions, the lease and sale of Agency-owned property, participation in
development or any other available sources, both public and private.
Potential revenue sources include'taxincrement receipts, proceeds from tax
increment bonds, loans, grants, contributions from the City, State, Federal
, government and project developers, sale or lease proceeds, special
assessment districts and development fees, [lQ., Part V.B. & C.,pp. 34""36]
Estimated Project costs and projected Project revenue show that sufficient
financial resources will be available, and that the carrying out of the
Redevelopment Plan is economically sound anq feasible. [!Q., Part V.D, pp.
36-38] . '
(e) The carrying out of the Redevelopment Plan would promote the public
peace, health, safety and welfare of the City of Santa Monica, and would
effectuate the purposes and policy of the Community Redevelopment Law
and the Disaster Project Law.
This finding is based on the fact that redevetopmenfwiU benefit the Project
Area by correcting' the severe damage suffered as a result of, the
Earthquake[!Q., Part III.A, pp. 14-20], by providing financial assistance to
affected owner$ and tenants, by preventing further deterioration of damaged
structures through, immediate repair and reconstruction, by allowing a _
- 6 -
resumption of business so as to limit losses and prevent the erosion of the
client base for local merchants, by reviving the economic vitality of the area
by preventing further relocation of businesses out of the. area and by
coor~inating public and private actions to improve the economic, social and
physical conditions of the Project Area. lJQ., Intro.,9 S, p.6; pa'rt IV.A, p.
27]
(f) The Agency has presented a plan for the encouragement, to the maximum
extent feasible, of the provision of dwellings suitable for the needs of
families displaced by the Northridge Earthquake and aftershocks' or by
redevelopment, rehabiUtation or renewal activities, in accordance with
Section 34013 of the Disaster Project Law, and has' a feasible method' and
plan for the relocation of families and persons who might be displaced,
temporarily or permanently by the Agency from housing facilities in the
P.roject Area~ ' ~,':, .' : ',". ," '
'... ", ",'J." ,..,( , ,'. ',' .',....:, "
.. ....' "": ~:. ~ ,.
~ . . .~?
, This finding. is based upon the ' Report to Council and all documents
referenced therein, and evidence and' testimony received at the joint public
hearing and the fact that the Agency has ,a comprehensive program for
assisting persons, families, businesses and tenants displaced as a result of
the Earthquake or as a result of Plan implementation activities. [!Q., Part
iV.A, pp. 27-32; Part V, pp. 39-49] The proposed Plan does not include the
use of eminent domain. if displacement occurs, the Agency will provide
persons, families, business owners and tenants displaced hy Agency
activities with monetary and advisory relocation assistance consistent with
the California Relocation Assistance Law (Government Code, Section 7260
et. seq.), and the State' Guidelines adopted and promulgated pursuant
, thereto, and relocation assistance rules adopted by the Agency. 1lQ., Part
. VI.A. & B, pp. 39-46] There shall be 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 ~nd available to the
displaced families and persons and re'asonably accessible to their places
of employment. 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. '
(g) 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 area of which they are a part; any such area included
is necessary for effective redevelopment and is not included for the purpose
of obtaining the allocation of tax increment revenues from such area
pursuant to Section 33670 without other substantial justification for its
inclusion.
- 7 -
This finding is based upon the Report to Council alE
referenced therein, and eVidence and testimony receivec
hearing, and the fact that the Project boundaries were sel"
Area is comprised of the majority of commercial carr
residential housing, and pubHc facilities damaged by the
financial and technical assistance available to the Proje
help the most severely damaged section of the City re-
from the Earthquake. [part I.A, p. 9] ,
(h) The redevelopment at the Project Area could not be rea
to be accomplished by private enterprise actingaloneVw
assistance of the Agency.
~ '".
This finding is based upon the facts that-, landowners
suffered debilitating losses as a result of the' Earthquake.
landowners are straining to bear the losses caused by,ui.
repairs, rebuilding,. and restoration of facilities in the
infeasible without additional financial assistance. CostE
investment in the Project Area, because there are other
available which do not bear such extra costs. Obstacles
control hinder repair and reconstruction. Rnancial ana
repair and reconstruction incentives indicate that in certE
the level of economic return would not be sufficient
repairing and/or rebuilding. [!Q., Part I, pp. 10-11 J
(i) The time limitation on the dollars to be allocated to-
reasonably related to the proposed projects to be ilT1l
, Project Area.
Q) That all actions required by law have been taken by all c
agencies, while certain procedures have been omittec
procedural requirements exempted for the preparation c
a redevelopment plan pursuant to Section 34013 of the,
Law.
SECTION 5. Objections. All written and oral objections to U-
Plan filed with and presented to the City Council before, during and at
and all written responses thereto, have been considered by the City C
and in the manner required by law, and such written and oral objec
overruled. '
SECTION 6. Recovery Redevelopment Plan Adopted. That
entitled "Redevelopment Plan for the Santa Monica Earthquake Recave..
Project," the map and legal description contained therein, and such ott-
are incorporated therein by reference, having been duly reviewed 81
- 8 -
hereby incorporated [n this Ordinance by reference and made a part hereof, and as so
incorporated is hereby designated, approved, and adopted as the official "Redevelopment
Plan for the Santa Monica Earthquake Recovery Reqevelopment Project Area."
SECTION 7. Cooperation. In order to implement and facilitate the
implementation of the Redevelopment Plan hereby approved, this City Council hereby
declares its intention to undert,ake and complete any proceeding necessary to be carried
out by the City of Santa Monica under the provisions of the Redevelopment Plan.
SECTION 8. Certification and Transmittal. 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. Recordation. The City Clerk is hereby directed to record with the
County Recorder of Los Angeles 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 and the Disaster 'Project lqw.
SECTION 10. Building Permit Notice. The Department of Building and Safety
of the City of Santa Monica is hereby directed for a period of two (2) years after the
effective date of this Ordinance to advise al/ 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: Notice to Taxino Authorities. The City Clerk is hereby directed
to transmit a copy of the description and statement recorded by the City Clerk pursuant
to Section 9 of this Ordinance, and a map or plat indicating the boundaries of the ProjeCt
Area, to the Auditor and Tax Assessor of Los Angeles County, to the governing body of
each of the taxing agencies which levies taxes upon any property in the Project area, and
to the State Board of Equalization.
SECTION 12. 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 in a
newspaper of general circulation printed and published in the City of Santa Monica.
SECTION 13. 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 Council hereby declares that it would have passed the remainder of the Ordinance
or approved the remainder of the Redevelopment Plan if such invalid portion thereof had
been deleted.
SECTION 14. Effective Date. This Ordinance shall be in full force and effect
immediately upon its adoption pursuant to Section 2 of this Ordinance.
- 9 -
SECTION 15. If any section, subsection, sentence, clause, or phrase of this ,/"'\
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any' f.1,.
court of any competent jurisdiction, such decision shall not affect the :validity of the
remaining portions of this Ordinance. The City Council hereby deaares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional. '
SECTION 16. The Mayor shall sign and the City, Clerk shall attest to. the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper of the City within fifteen days, from the date of its adoption
': ~.: '. 1;, ..; .
ApPRQVED AS TO,FORM:,:'; , ,;..: '
. ", '. :-.. ..' ". '. . .
;'.
:;.:,_.,
....: . '. . .
-:, .....
. . If . .:
. '.". . ."".<
: ',,-...
, };,.' "'f '.'~ ' .. )r. '.,";. ..'
>~t:..,( ~ L\....~\.. ...7!r....,.... ' ~l...... L ft.-t...
MARSHA JONES MOUTRIE
City Attorney
rf~
'~f,q.,:;
.\,'....
- 10 -
Adopted and approved this 21st day of June, 1994.
.~d'
yor
I hereby certify that the foregoing Ordinance No. 1747 (CCS) was duly'and regularly
. .
adopted at a meeting of The City Council on the 21st day of June, 1994; by the following
. '
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen. Rosenstein
Noes:
Counciltnembers:
None
Abstain: Councilmembers: None
Absent: CounciImembers:
Vazquez
ATIEST:
-7 A/ t;~
City Clerk