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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