Ord 117ORDINANCE NO. 117
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF POWAY APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE PAGUAY
REDEVELOPMENT PROJECT
WHEREAS, the Poway Redevelopment Agency (the "Agency") has
formulated, prepared and approved a Redevelopment Plan for the
Paguay Redevelopment Project Area (the "Redevelopment Plan")
and has recommended that the City Council of the City of Poway
approve and adopt the Redevelopment Plan; and
WHEREAS, the Planning Commission of the City of Poway has
submitted its report and recommendation on the proposed
Redevelopment Plan finding that the proposed Redevelopment Plan
is in conformity with the General Plan of the City of Poway,
and has recommended approval of the proposed Redevelopment
Plan; and
WHEREAS, the Agency has adopted Rules Governing Partici-
pation and Reentry Preferences for Property Owners, Operators
of Businesses and Tenants within the Project Area; and
WHEREAS, the Agency has adopted a Relocation Plan providing
for the relocation of persons, families and businesses from the
Project Area, the payment of relocation benefits and the giving
of relocation assistance to such persons, families and
businesses; and
WHEREAS, the Agency has consulted with taxing agencies
which levy taxes, or for which taxes are levied on property
within the Project Area with respect to the proposed
Redevelopment Plan and to the allocation of taxes pursuant to
California Health and Safety Code Section 33670; and
WHEREAS, the Agency has consulted with property owners and
businesses within the Project Area; and
WHEREAS, the Agency has submitted the proposed
Redevelopment Plan and its Report thereon to the City Council,
which Report contains, among other things, the Planning
Commission's reports and recommendations, the Report of the
County Fiscal officer and responses thereto by the Agency; and
WHEREAS, the Agency and this City Council have approved and
adopted a Final EIR for the adoption of the proposed
Redevelopment Plan and have certified as to their review and
consideration thereof in accordance with the California
Environmental Quality Act of 1970 and the State and local
guidelines and regulations adopted pursuant thereto; and
WHEREAS, a joint public hearing has been fully noticed and
held by the Agency and the City Council as required by law on
December 6, 1983, all objections have been heard and passed
upon by this City Council, the Agency and Council have received
written and oral testimony concerning the proposed
Redevelopment Plan and have duly considered all thereof and the
proceedings for the adoption of the proposed Redevelopment Plan
have been duly conducted and completed as provided by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The purposes and intent of this City Council
with respect to the Redevelopment Plan for the Paguay
Redevelopment Project are as follows:
(a) To eliminate the conditions of blight existing in
the Project Area.
(b) To prevent recurrence of blighting conditions
within the Project Area.
(c) To provide for participation by owners and
tenants and reentry preferences to persons engaged in
business within the Project Area to participate in the
development of the Project Area; to encourge and ensure the
development of the Project Area in the manner set forth in
the proposed Redevelopment Plan; and to provide for the
relocation of any residents, if any, displaced by the
implementation of the proposed Redevelopment Plan.
(d) To improve and construct or provide for the
construction of public facilities, roads, and other public
improvements and to improve the quality of the environment
in the Project Area and the general public as a whole.
(e) To encourage and foster the economic revitaliza-
tion of the Project Area by protecting and promoting the
sound development and utilization of the Project Area and
by replanning, redesigning, or developing portions of the
Project Area which are stagnant or improperly utilized
because of the lack of adequate utilities and because of
other causes.
(f) To provide housing as required to satisfy the
needs and desires of the various age, income and ethnic
groups of the community.
SECTION 2: The proposed Redevelopment Plan for the Paguay
Redevelopment Project is hereby approved and adopted. The
Redevelopment Plan is hereby designated as the official
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redevelopment plan for the Project Area and is incorporated
herein by reference and made a part hereof. The City Council,
having reviewed all written objections to the Redvelopment Plan
which have been delivered prior to the hour set for the public
hearing and after considering all oral objections presented
during the public hearing, hereby overrules these objections.
SECTION 3: The City Council hereby finds and determines
that:
(a) the Project Area is a blighted area, the
redevelopment of which is necessary to effectuate the
public purposes declared in the Community Redevelopment Law
of the State of California and specifically that the
Project Area is characterized by properties which suffer
from economic dislocation, deterioration or disuse because
of one or more of the following factors:
(1) economic dislocation, deterioration, or
disuse resulting from faulty planning;
(2) the laying out of lots in disregard of the
contours and other topography or physical
characteristics of the ground and surrounding
conditions;
(3) the existence of inadequate public
improvements, public facilities, open spaces, and
utilities which cannot be remedied by private or
governmental action without redevelopment;
(4) the prevalence of depreciated values,
impaired investments and social and economic
maladjustment;
(5) the existence of recurrent flooding
conditions on lots and other areas;
which conditions cause a reduction of, or lack of, proper
utilization of the area to such an extent that it constitutes a
serious physical, social or economic burden on the community
which cannot reasonably be expected to be reversed or
alleviated by private enterprise acting alone;
(b) The Redevelopment Plan will redevelop the Project
Area in conformity with the Community Redevelopment Law of
the State of California in the interests of the public
peace, health, safety, and welfare;
(c) The adoption and implementation of the
Redevelopment Plan is economically sound and feasible;
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(d) The Redevelopment Plan conforms to the General
Plan of the City of Poway;
(e) The implementation of the Redevelopment Plan will
promote the public peace, health, safety and welfare of the
City of Poway and will effectuate the purposes and policies
of the Community Redevelopment Law of the State of
California;
(f) The condemnation of real property, as provided
for in the Redevelopment Plan, is necessary to the
execution of the Redevelopment Plan and adequate provisions
have been made for payment for property to be acquired as
provided by law;
(g) The Agency has a feasible method or plan for the
relocation of families and persons, if any, to be
temporarily~or permanently displaced from housing
facilities in the Project Area;
(h) There are or are being provided in the Project
Area or in other areas not generally less desirable in
regard to public utilities and public and commercial
facilities and at rents or prices within the financial
means of the families and persons displaced from the
Project Area, if any, decent, safe and sanitary dwellings
equal in number to the number of and available to such
displaced families and persons and reasonably accessible to
their places of employment;
(i) Inclusion within the Project Area 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; and 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 California Health and Safety Code
Section 33670 of the Community Redevelopment Law without
other substantial justification for its inclusion; and
(j) The elimination of blight and redevelopment of
the Project Area cannot reasonably be expected to be
accomplished by private enterprise acting alone without the
aid and assistance of the Agency; and
(k) Pursuant to California Health and Safety Code
Section 33334.2(g), the use of tax increment funds
allocated to the Agency pursuant to California Health and
Safety Code Section 33670 for the purposes of increasing
and improving the community's supply of low and moderate
income housing outside of the Project Area will be of
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benefit to the Project and that the provision of low and
moderate income housing outside the Project Area will be of
benefit to the Project.
SECTION 4: In order to implement and facilitiate the
effe~tuation of the Redevelopment Plan hereby approved and
adopted, it is found and determined that certain official
actions must be taken by the City Council with reference, among
other things, to the vacating and removal of the streets,
alleys, and other public ways, the establishment of new street
patterns, the location and relocation of sewer and water mains
and other public facilities, and other public action, and
accordingly, the City Council hereby:
(a) Declares its intention to undertake and complete
any proceedings necessary to be carried out by the City of
Poway under,the provisions of the Redevelopment Plan; and
(b) Requests the various officials, departments,
boards, commissions, and agencies of the City of Poway
having administrative responsibilities with respect to the
Project likewise to cooperate to such end and to exercise
their respective functions and powers in a manner
consistent with the Redevelopment Plan.
The City Council hereby provides for the expenditure of funds
by the community in order to carry out the Redevelopment Plan
in such amounts, at such times, for such purposes and under
such conditions as set forth in subsequent resolutions of the
City Council.
SECTION 5: The City Council is satisfied permanent housing
facilities will be available within three (3) years from the
time occupants of the Project Area are displaced, if any, an'd
that pending the development of such facilities there will be
available to such displaced occupants adequate temporary
housing facilities at rents comparable to those in the City of
Poway at the time of their displacement. No persons or
familities of low and moderate income shall be displaced from
residences unless and until there is a suitable housing unit
available and ready for occupancy by such displaced person or
family at rents comparable to those at the time of their
displacement. Such housing units shall be suitable to the
needs of such displaced persons or families and must be decent,
safe, sanitary and otherwise standard dwellings. The Agency
shall not displace such person or family until such housing
units are available and ready for occpancy.
SECTION 6: The City Council is convinced that the effect
of t~x increment financing, as provided for in Article VI of
the Redevelopment Plan, will not cause a severe financial
burden or detriment to any taxing agency deriving revenues from
the Project Area.
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SECTION 7: The City Clerk is hereby directed to send a
certified copy of this Ordinance to %he Agency, and the Agency
is hereby vested with the responsibility for carrying out the
Redevelopment Plan, subject to the provisions of the
Redevelopment Plan.
SECTION 8: The City Clerk is hereby directed to record
within thirty (30) days from the adoption of this Ordinance
with the County Recorder of San Diego County a description of
the land within the Project Area and a statement that the
proceedings for the redevelopment of the Project Area have been
instituted under the California Redevelopment Law. The Agency
is hereby directed to effectuate recordation in compliance with
the provisions of Section 27295 of the Government Code to the
extent applicable.
SECTION 9: The Building Department of the City of Poway is
hereby directed for a period of two (2) years after the
effective date of this Ordinance to advise all applicants for
building permits within the Project Area that the site for
which a building permit is sought for the construction of
buildings or for other improvements is within a redevelopment
project area.
SECTION 10: The City Clerk is hereby directed to transmit
within thirty (30) days of the adoption of this Ordinance a
copy of the description and statement recorded by the city
pursuant to Section 8 of this Ordinance, a copy of this
Ordinance, and a map or plat indicating the boundaries of the
Project Area to the Auditor Tax Assessor of San Diego 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 11: The City Clerk shall certify to the passage of
this Ordinance and cause a copy thereof to be published as
required by law in a newspaper of general circulation in the
City of Poway, and this Ordinance shall take force and effect
thirty (30) days after its adoption in the manner provided by
law.
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Introduced and first read at a re~,]ar m~cting of the City Council of the
City of Poway held the 6th day of December, 1983, and thereafter PASSED
ADOPTED at a regular ~cting of said City Council held the 13th day of
December , 1983, by the following roll call vote:
AYES: COUNCIIMt~: finERY, KRUSE, SHEPARDSON, ORAV~C
NOES: COUNCI~RS: NONE
ABSENT: COUNCII~9~S: TARZY
Linda Oravec, May~r
Marjorie ~,~. Wahlsten, City Clerk