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Item 10 - Second Reading Ordinance 415 - ~ AGENDA REPORT CITY OF POW A Y TO: Honorable Mayor and Members of the City Council FROM: James L, Bowersox, City Ma~ INITIATED BY: Marjorie K, Wahlsten, City Clerk~ DATE: June 15, 1993 SUBJECT: Ordinance No. 415 - Second Reading BACKGROUND On June 8, 1993, the City Council introduced and had the first reading on Ordinance No. 415 - "An Ordinance of the City Council of Poway Approving and Adopting an Amendment to the Redevelopment Plan for the Paguay Redevelopment Project and Adopting a Statement of Overriding Considerations ." There was no public testimony. Staff recommends approval. FINDINGS It is in order to have the second reading and adopt this Ordinance, FISCAL IMPACT This action will increase the amount of tax increment which the Agency can receive over the life of the Project and the amount of bonded indebtedness which the Agency can ,have outstanding at anyone time. ENVIRONMENTAL REVIEW An environmental impact report was adopted on June 8, 1993 for the Plan amendment. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE None RECOMMENDATION Read title and waive further reading of the Ordinance by unanimous vote. Close public hearing and adopt on a roll call vote. Attachment: ACTION: - l 1 of 10 10S JUN 1 5 1993 ITEM ---. ~~_._.____u_____.__..______ ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF POWAY APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE PAGUAY REDEVELOPMENT PROJECT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the City Council of the City of Poway (the "City Council") has received from the Poway Redevelopment Agency (the" Agency") the proposed Amendment (the "Plan Amendment") to the Redevelopment Plan (the "Plan") for the Paguay Redevelopment Project (the "Project"), a copy of which is on file at the office of the City Clerk, 13325 Civic Center Drive, Poway, California, together with the Report of the Agency including the reasons for the Pian , Amendment, a description of the physical, social and economic conditions existing in the Paguay Redevelopment Project Area (the "Project Area"), the proposed method of financing the redevelopment of the Project Area, a plan for the relocation of families and persons who may be tempolWily or permanently displaced from housing facilities in the Project Area, an analysis of ; the Preliminary Plan, the report and recommendations of the Planning Commission of the City of Poway, a report as to the conformity of the Plan Amendment with the City's General Plan, a summary of consultations with Project Area owners and businesses, an environmental impact report on the Plan Amendment, the report of the county fiscal officer and the Agency's analysis thereof, the report of the Fiscal Review Committee and the Agency's response thereto, and a summary of consultations with taxing agencies; and WHEREAS, the City Council sitting as the Planning Commission of the City of Poway has submitted to the City Council its report and recommendations concerning the Plan Amendment and its certification that the Plan Amendment conforms to the General Plan for the City of Poway; and WHEREAS, the City Council and the Agency held a joint public hearing on April 13, 1993, as continued to May 25, 1993, on the adoption of the Plan Amendment in Poway City Hall, 13325 Civic Center Drive, Poway, California; and WHEREAS, notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Poway, once a week for four successive weeks prior to the date of said hearing, and a copy of said notices and affidavits of publication are on file with the City Clerk and the Agency; and WHEREAS, copies of the notice of joint public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee as shown on the last equalized assessment roll of the County of San Diego for each parcel of land in the Project Area; and WHEREAS, each assessee in the Project Area whose property would be subject to acquisition by purchase or condemnation under the provisions of the Plan Amendment was sent a letter to such effect attached to the notice of the joint public hearing, including a map and legal description of the Project Area; and JUN 1 5 1993 ITEM lO.S 2 of 10 - ,-, . - WHEREAS, copies of the notice of 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, the Agency, as the lead agency, and the City, as a responsible agency, have certified the adequacy of the Final Environmental Impact Report (State Clearinghouse No. 92-061-007: the "Final EIR"), submitted pursuant to Public Resources Code Section 21151 and Health and Safety Code Section 33352; and WHEREAS, the Agency and the City have each independently found and determined that, for certain significant effects identified by the Final EIR, mitigation measures and a monitoring program therefor have been required in, or incorporated into, the Project as amended by the Plan Amendment (the" Amended Project") which avoid or substantially lessen such effects; and WHEREAS, the Agency and City have each independently found and determined that , potential mitigation measures or project alternatives not incorporated into the Project (including the "No Project" alternative) were rejected as infeasible based upon specific economic, social or , other considerations as set forth in the Final EIR and the "Statement of Facts;" and WHEREAS; the City Council has considered the report and recommendation of the City Council acting as the Planning Commission, the report of the Agency, the Plan Amendment and its economic feasibility, and the Final EIR, 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 Plan Amendment and has made written fmdings in 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, 'IfiEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: , Section 1. The purposes and intent of the City Council with respect to the Project Area as it relates to the Plan Amendment are to accomplish the following: 1. The elimination and prevention of the spread of blight and deterioration and the conservation, rehabilitation and redevelopment of the Project Area in accord with the General Plan, design guidelines, specific plans, the Plan, the Plan Amendment and state and local laws, regulations, codes and ordinances. 2. The promotion of new and continuing private sector investment within the Project Area to prevent the loss of, and to facilitate the recapture of, commercial sales activity . 3. The achievement of an environment reflecting a high level of concern for architectural, landscape, urban design, and land use principles appropriate for attainment of the objectives of the Plan and the Plan Amendment. 4. The retention and expansion of as many existing businesses in the Project Area as possible by means of redevelopment and rehabilitation activities and by 15.42 2 JUN 1 5 1993 ITEM 10/ 3 of 10 encouraging and assisting the cooperation of, and providing the opportunity of participation by, owners, businesses and public agencies in the revitalization of the Project Area. 5. The creation and development of local job opportunities and the preservation of the area's existing employment base. 6. The replanning, redesign and development of underdeveloped areas which are stagnant or improperly utilized. 7. The elimination or amelioration of certain public improvements, public buildings, public facilities and environmental deficiencies, including without limitation, substandard vehicular circulation systems; inadequate water, sewer, flood control and storm drainage systems; insufficient off-street parking; and other similar public improvements, facilities, utilities and deficiencies adversely affecting the , Project Area. oS: The improvement and expansion of the community's supply of housing (both , inside or outside of the Project Area), including opportunities for very low, lower and moderate-income households. 9. The maximization of the locational advantages of freeway accessibility. 10. The development of commercial and industrial uses which generate increased sales, business license, and other fees, taxes and revenues to the Agency and/or the City of Poway. II. The reduction of the City's annual costs of the provision of local services to and within the Project Area resulting from blighting conditions. , Section 2. The City Council hereby finds and determines, based on the evidence in the record, including, but not limited to, the Agency's Report to the City Council on the proposed Plan Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Plan Amendment held on April 13, 1993, and Ordinance No. 117 adopted in December 13, 1983 (the ordinance which adopted the Plan), that: a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et ~.). This fmding is based on the City Council's findings contained in the ordinance which adopted the Plan, which found the following conditions which characterize the Project Area: (1) The existence of buildings and structures used or intended to be used for living, commercial, industrial or other purposes which are characterized by deterioration, age and obsolescence, mixed character, shifting uses, and faulty exterior spacing; and 32345.42 3 JUN 1 5 1993 ITEM lif 4 of 10 - (2) The existence of properties which suffer from deterioration and disuse because of severe and widespread flooding which results in large areas being annually submerged in water inadequate public improvements, facilities and utilities, which cannot be remedied by private or governmental action without redevelopment, particularly deficiencies in the circulation system (including many miles of predominantly unpaved, dirt roads) street and infrastructure systems, storm drainage, water and trunk line sewer systems, public utilities; park and recreational facilities; and the existence of parcels that are of irregular form, shape, or size for proper usefulness and development; and (3) A prevalence of impaired investments and economic maladjustment throughout the Project Area, and declining rents and property values throughout the Project Area. Since the adoption of the Plan in 1983, the Agency has made efforts to eliminate such conditions of blight by funding needed infrastructure and assisting new development. , However, the City Council fmds that the majority of conditions described in the 1983 Report to the City Council have not changed, and that there is a substantial need to eliminate deficient public improvements and blighting conditions within the Project Area. This fmding is based . partly upon the comprehensive study of infrastructure and facility deficiencies within the Project Area conducted by Barryman, Stephenson, Inc. in February 1992, which concluded that more than 275 public improvement projects were needed at a total cost of $690 million. Such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the Project Area to such an extent that it constitutes a serious physical, social and economic burden - on the City which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone, requiring redevelopment in the interest of the health, safety and general welfare of the people of the City and the State. This fmding is based on the fact that governmental action available to the City without redevelopment would be insufficient to cause any significant correction of the blighting conditions, and that the nature and costs of the public improvements and facilities and other actions required to correct the blighting conditions are beyond the capacity of the City and cannot be undertaken or borne by private enterprise act!ng alone or in concert with available governmental action. b) The Project Area is a predominantly urbanized area. This fmding is based upon the City Council's fmdings contained in the ordinance which adopted the Plan, which found that not less than eighty percent (80 %) of the privately owned property in the Project Area has been or is developed for urban uses, as demonstrated by the Agency's Report to City Council. In addition, as demonstrated by the Agency's Report to City Council, the Project Area is part of an area developed for urban uses. c) The Plan, as amended by the Plan Amendment, will redevelop the Project Area in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that the purposes of the Community Redevelopment Law would be attained by the Project, as amended by the Plan Amendment; by the elimination of areas suffering from economic dislocation or disuse; by the replanning, redesign andlor redevelopment of areas which are stagnant or improperly utilized, and which could not be accomplished by private enterprise acting alone without public - participation and assistance; by protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City by remedying such injurious conditions through appropriate means; and through the installation of new, or replacement of 45.42 4 JUN 1 5 1993 ITEM 10,s 5 of 10 -~-~-------------- .,~- '., existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities. d) The adoption and carrying out of the Plan, as amended by the Plan Amendment, is economically sound and feasible. This fmding is based on the fact that under the Plan, as amended by the Plan Amendment, the Agency will be authorized to seek and utilize a variety of potential financing resources, including property and retail sales increment; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increment, generated by new investment in the Project Area; that under the Plan, as amended by the Plan Amendment, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the fmancing plan included within the Agency's Report to the City Council demonstrates that sufficient fmancial resources will be available to carry out the Amended Project. , e) The Plan Amendment conforms to the General Plan of the City of Poway, including~ but not limited to, the housing element of the General Plan. This fmding is based on . the fmdmg of the Planning Commission that the Plan Amendment conforms to the General Plan for the City of Poway. f) The carrying out of the Plan, as amended by the Plan Amendment, 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. This fmding is based on the fact that redevelopment will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic and physical conditions of the Project Area, and by increasing employment opportunities within the City. g) The condemnation of real property, as provided for in the Plan, as amended by the Plan Amendment, is necessary to the execution of the Plan, as amended by. the Plan Amendment, and adequate provisions have been made for the payment for property to be acquired as provided by law. This fmding is based upon the need to ensure that the provisions of the Plan, as amended by the Plan Amendment, will be carried out to prevent the recurrence of blight, and the fact that no property will be acquired Until adequate funds are available to pay full compensation therefor. h) The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently from housing facilities in the Project Area and the Existing Territory. The Agency also has a feasible method and plan for its relocation of businesses. This finding is based upon the fact that the Agency has adopted a plan for relocation of families, persons and businesses by Agency projects, and upon the fact that the Plan, as amended by the Plan Amendment, provides for relocation assistance according to law, and the fact that such assistance, including relocation payments, constitutes a feasible method for relocation. In addition, the Agency's Report to City Council fmds that only thirteen (13) residential dwellings are located in nonresidentiaIly-zoned locations and that even though there are no plans to destroy those units, that in the event they were destroyed the occupants could be relocated to either the existing Haley Ranch project or the adjacent proposed new low and moderate project. . 5.42 5 JUN 1 5 1993 ITEM 10,S- 6 of 10 - '. i) There are, or are being 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 the families and persons who might be displaced from the Project Area, 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. This fmding is based upon the fact that the Plan does not authorize the use of eminent domain to acquire property which is zoned and used for residential purposes, and that a.maximum of thirteen (13) dwelling units are currently existing in a nonresidentially-zoned location; however, no person or family is anticipated to be displaced from any dwelling unit as a result of the Agency's implementation of the Plan, and that no person or family will be required to move from any dwelling unit until suitable replacement housing is available for occupancy, and that such housing must meet the standards established in State law and regulations and will further be available in either the existing Haley Ranch project or the proposed adjacent new fifty- one (51) unit project. , j) All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from the area pursuant to Section 33670 of the Health and Safety Code without other substantial justification for their inclusion. This fmding is based upon the City Council's findings contained in the ordinance which adopted the Plan. k) 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 entire area of which they are a part, and any such area is not included solely for the purpose . of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the Community Redevelopment Law without other substantial justification for its inclusion. This fmding is based upon the fact that all properties within Project Area boundaries were included because they were underutilized because of blighting influences, or were affected by the existence of blighting influences, or were necessary either to accomplish the objectives and benefits of the flan Amendment or because of the need to impose uniform requirements on the Project Area as a whole. Such properties will share in the benefits of the Project. I) 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 fmding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these blighting influences without substantial public assistance. m) The effect of tax increment fmancing will not cause a significant fmandal burden or detriment to any taxing agency deriving revenues from the Project Area. This finding is based upon the fact that all affected taxing agencies were consulted with or had the opportunity to be consulted regarding the fiscal effects of the Plan Amendment, and the fact that with regard to certain taxing agencies, the Agency has or will enter into fiscal detriment mitigation agreements under which it will make payments to or on behalf of such agencies to alleviate -- identified fmancial burden or detriment. 7 of 10 45.42 6 JUN 1 5 1993 ITEM 10,.( --~--- -~._---_._-_._--- r Section 3. The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the Project Area, if any, 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 of Poway at the time of their displacement. This finding is based upon the City Council's finding that no residential occupants of the Project Area are likely to be displaced as a result of the Plan, as amended. 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. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwelIings. Section 4. Written objections to the Plan Amendment filed with the City Clerk before the hour set for hearing and all written and oral objections presented to the City Council at the , hearing having been considered and, in the case of written objections received from Project Area property owners and affected taxing agencies,.having been responded to in writing, are hereby overruled. . Section 5. That the Final EIR for the Redevelopment Plan Amendment, a copy of which is on file in the office of the Agency and in the office of the City Clerk, having been duly reviewed and considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All activities undertaken by the Agency and/or the City of Poway pursuant to or in implementation of the Plan, as amended by the Plan Amendment, shall be undertaken in accordance with the mitigation measures and monitoring program set forth in said Final EIR, and the Agency shall undertake such additional environmental review or assessment as necessary at the time of the proposed implementation of such activities. Section 6. The Final EIR for the Plan Amendment concludes that, except for impacts to air quality, all other environmental impacts which may result from the Plan Amendment can be ~tigated to a level of insignificance. The City Council fmds that, except for impacts to air quality, all other potentially significant impacts of the Plan Amendment, as identified in the "Statement of Facts" previously adopted by the Agency and the City Council and on file in the office of the City Clerk, have been reduced to a level of insignificance by the imposition of mitigation measures which shall be incorporated into the conditions of approval for the Plan Amendment. This finding is based partly upon information contained in the Final EIR and the Statement of Facts. The Poway Redevelopment Agency, as Lead Agency with respect to the Plan Amendment, upon its independent review and consideration of the information contained in the Draft and Final EIR for the Plan Amendment and the public record, has found, pursuant to the California Environmental Quality Act (Public Resources Code Section 2.1000 et ~.: "CEQA") and the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et ~,), that impacts on air quality may occur with future redevelopment projects which cannot be mitigated to a level of insignificance. The City of Poway is located within a "non-attainment" basin and further contributions of air polIution emissions to the basin are considered a significant impact. However, the Agency has issued a "Statement of Overriding Considerations" as required by Section 15093 and 15126(b) of the State CEQA Guidelines in connection with its approval of 8 of 10 B234S .42 7 JUN 1 5 1993 ITEM 10..5 - - the proposed Plan Amendment. The Statement of Overriding Considerations is on file with the office of the City Clerk and is incorporated herein by this reference. The City Council, as Responsible Agency with respect to the Plan Amendment, upon its own independent review and consideration of the information contained in the Draft and Final EIR for the Plan Amendment and the public record, frods that, as set forth in the Statement of Overriding Considerations, the remaining unavoidable significant impact to air quality is clearly outweighed by the economic, social or other benefits of the Project. The City Council further frods that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final EIR. The Statement of Overriding Considerations, which is on file with the office of the City Clerk and is incorporated herein by this reference, is hereby approved and adopted by the City Council. Section 7. That certain Amendment to the Redevelopment Plan for the Paguay , Redevelopment Project, the map contained therein, and such other reports as are incorporated therein by reference, 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, together with the Redevelopment Plan which was adopted in December 1983, is hereby incorporated in 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 Project, as amended by the Plan Amendment (the "Amended Plan"). - Section 8. In order to implement and facilitate the effectuation of the Amended Plan hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out the Amended 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 appropriate action upon proposals and measures designed to effectuate the Amended 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 Amended Plan. Section 9. 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 Amended Plan. Section 10. The City Clerk is hereby directed to record with the County Recorder of San Diego 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. Section 11. 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 12. 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, a copy of this 9 of 10 :345.42 8 JUN 1 5 1993 ITEM lO,S- -'-~-~-_._---- Ordinance, and a map or plat indicating the boundaries of the Project Area, to the Auditor-Controller and Assessor of the County of San Diego, to the governing body of each of . the taxing agencies which receives taxes from property in the Project Area, and to the State Board of Equalization, within thirty (30) days following the adoption of the Plan Amendment. Section 13. 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 a newspaper of general circulation which is published and circulated in the City of Poway. Section 14, If any part of this Ordinance or the Plan Amendment 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 Plan Amendment or Plan, and this City Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Plan Amendment if such invalid portion thereof had been deleted. , Section 15. This Ordinance shall be in full force and effect thirty (30) days after passage. liitroduced and fIrst read at a regular meeting of the City Council of the City of Poway , held the 8th day of June, 1993, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the _ day of , 1993, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Don Higginson, Mayor Marjorie K. Wahlsten, City Clerk 10 of 10 45.42 9 ITEM 10 JUN 1 5 1993