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HomeMy Public PortalAboutOrdinance 741:MOOING REQUESTED BY: \ND W'iEN RECORDED MAIL TO: City Clerk City of Beaumont P. 0. Box 158 Beaumont, Ca 92223 ORDINANCE NO. 741 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE BEAUMONT REDEVELOPMENT PROJECT WHEREAS, the Beaumont Redevelopment Agency (the "Agency"), has formulated, prepared and approved the Redevelopment Plan for the Beaumont Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, the Planning Commission of the City of Beaumont, California (the "Planning Commission"), has been requested pursuant to a duly adopted Resolution of the Agency to submit its report and recommendations to the City Council of the City of Beaumont, California (the "City Council"), and to recommend approval of the proposed Redevelopment Plan; and WHEREAS, the Planning Commission has made certain recommendations pursuant to a Resolution adopted by the Planning Commission on November 16, 1993, in which the Planning Commission recommended approval of the Redevelopment Plan and the Final Environmental Impact Report for the Beaumont Redevelopment Project; and WHEREAS, the Agency has recommended that no need presently exists to form a project area committee in connection with the review and consideration of the Redevelopment Plan in view of the fact that very few, if any persons of low- and moderate - income who may reside within the Project Area shall be displaced as a result of the adoption of the Redevelopment Plan; and WHEREAS, the Agency has adopted rules for owner participation and business re-entry for the Project Area; and WHEREAS, the City and the Agency have prepared and offered for review a Draft Environmental Impact Report (the "Draft EIR") regarding the Redevelopment Plan and the Planning Commission of the City has reviewed said Draft EIR and recommended the certification thereof; and WHEREAS, the City Council has received the recommenda- tions of the Planning Commission regarding the Draft EIR and the City Council and the Agency have reviewed the Draft EIR, and, following a full and fair public hearing thereon, the City Council and the Agency have certified the EIR in connection with the adoption of the Redevelopment Plan; and -1- CERTIFIED 10 BE A TRUE AND CORRECT COPY OF THS ORIGINAL DOCUMENT ON FILE �N 1E�FF E OF TH TY BY TITLE DATE /2.2 19 WHEREAS, pursuant to public notice duly given, a full and fair public hearing has been held on the Redevelopment Plan and the Draft EIR; and WHEREAS, the Agency has,adopted its Resolution entitled: "Resolution of the Beaumont Redevelopment Agency Making Certain Findings With Respect to Blight Within the Project Area of the Beaumont Redevelopment Project" ; and WHEREAS, the Agency has adopted its Resolution entitled: "Resolution of the Beaumont Redevelopment Agency Approving the Redevelopment Plan for the Beaumont Redevelopment Project and the Redevelopment Plan Report; and Certifying the Final EIR for the Beaumont Redevelopment Project" ; and WHEREAS, the above entitled Resolutions were transmitted to the City Council; and WHEREAS, the City Council has adopted its Resolution entitled: "Resolution of the City Council of the City of Beaumont, California, Approving the Redevelopment Plan for the Beaumont Redevelopment Project and the Redevelopment Plan Report; and Certifying the Final EIR for the Beaumont Redevelopment Project" ; and WHEREAS, after consultations with the Agency, the City of Beaumont, California (the "City"), the County of Riverside (the "County") and various affected taxing agencies, said affected taxing agencies have agreed to the allocation of taxes and the other financial provisions as specified in the Redevelopment Plan and Section 7 hereof; and WHEREAS, all actions required with respect to the Redevelopment Plan by the Community Redevelopment Law, being found as Section 33000, et seq., of the Health and Safety Code, the California Environmental Quality Act of 1970, as amended ("CEQA"), and other applicable laws have been taken in an appropriate and timely manner. -2- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, AS FOLLOWS: Section 1. The Redevelopment Plan as transmitted to the City Council by one of the above referenced Resolutions of the Agency, is hereby adopted and incorporated herein by this reference and made a part hereof, as if set out fully herein. Section 2. The purposes and intent of the City Council with respect to the adoption of the Redevelopment Plan are to: 1. Eliminate the conditions of blight existing in the areas included with in the redevelopment project area boundaries of the Project Area; 2. Ensure to the greatest possible extent that the causes of blighting conditions in the areas included within the Project Area will be either eliminated or protected against; 3. Provide participation opportunities for owners and business tenants in the areas included in the Project Area subject to the overall redevelopment objectives of the Redevelopment Plan; 4. Encourage and ensure the redevelopment of the areas included in the Project Area; 5. Encourage and foster the economic revitalization of the areas included in the Project Area; 6. Finance and construct the public improvements described in the Redevelopment Plan and attachments thereto; and 7. Implement the goals and objectives of the General Plan of the City of Beaumont, California (the "General Plan"). Section 3. The City Council hereby designates the Redevelopment Plan as incorporated by reference pursuant to Section 1 hereof, as the official Redevelopment Plan for the Beaumont Redevelopment Project. Section 4. The City Council hereby finds and determines that: 1. The following physical and economic conditions exist within the Project Area, as stated in the Report to the City Council, dated December, 1993, prepared in accordance with Health and Safety Code Section 33352 as on file with the City Clerk: -3- (a) The subdividing and sale of lots of irregular form and shape and inadequate size for proper usefulness and development; (b) The laying out of lots in disregard of the contours and other topography or physical characteristics of the ground and surrounding conditions; (c) The existence of inadequate public improvements, public facilities, open spaces, and utilities which cannot be remedied by private or governmental action without redevelopment; and (d) A prevalence of depreciated values, impaired investments, and social economic maladjustment. Such conditions as set forth above are the basis for the City Council hereby finding and determining that the areas included within the Project Area are predominantly urbanized and are blighted areas, and thatthe redevelopment of these areas is necessary to effectuate the public purposes set forth in the Community Redevelopment Law. These conditions cause deterioration and a lack of proper utilization of the areas included within the Project Area to such an extent that they constitute serious physical, social and economic burdens on the City which cannot reasonably be expected to be reversed or alleviated either by private enterprise acting alone or by the City without the assistance of community redevelopment powers; 2. The Redevelopment Plan will provide for the redevelopment of the areas included within the Project Area in conformity with the Community Redevelopment Law and in the interest of the public peace, health, safety and welfare; 3. The adoption and implementation of the Redevelopment Plan is economically sound and feasible; 4. The Redevelopment Plan conforms to the General Plan, including but not limited to the community's housing element; 5. The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City and will effectuate the purposes and policies of the Community Redevelopment Law; 6. The condemnation of real property within the Project Area as provided in the Redevelopment Plan is necessary for the execution of the Redevelopment Plan and adequate -4 - provisions have been made for payment for property to be acquired as provided by law; 7. Although it is not currently anticipated that any residential displacement will occur as a result of the implementation of the Redevelopment Plan, the Agency has a feasible method or plan for the relocation of any families and persons who may be displaced from the Project Area if such displacement may in fact occur; 8. Although it is not currently anticipated that any residential displacement will occur as a result of the implementation of the Redevelopment Plan, there are or shall be provided in 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 may be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of dwellings within the Project Area and available to such displaced families and persons and reasonably accessible to their places of employment; 9. All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment of the Project Area and are not included for the purpose of obtaining the allocation of taxes from any such area pursuant to Health and Safety Code Section 33670 without other substantial justification for its inclusion; 10. The inclusion of any lands, buildings or improvements in the Project Area which are not detrimental to the public health, safety or welfare, is necessary for the effective redevelopment of the areas within the Project Area, and any such lands, buildings or, improvements included are necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of tax increment revenues from such areas pursuant to Health and Safety Code Section 33670 without other substantial justification for their inclusion; 11. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone or by the City without the aid and assistance of the Agency through the community redevelopment process; and 12. The effect of tax increment financing will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area and to the extent that such a taxing agency can demonstrate the presence of a significant financial burden or detriment, -5- the Redevelopment Plan authorizes the Agency to provide for the mitigation of such detriment in accordance with Health and Safety Code Section 33401. 13. The Project Area is predominantly urbanized as defined by subdivision (b) of Section 33320.5 and as established pursuant to the Resolutions referenced in the Recitals hereof. Section 5. The City Council is satisfied that permanent housing facilities shall be available within three (3) years from the time residential occupants of the Project Area may be displaced, and that pending the development of such facilities, there will be available to such displaced residential occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. Section 6. The City Council is convinced that the effect of tax increment financing, which will finance The redevelopment activities, as provided in the Redevelopment Plan in whole or in part, will not cause a severe financial burden or detriment on any taxing agency deriving tax revenues from the areas within the Project Area as set forth in Section 7 hereof. Section 7. Those taxes allocated to the Agency pursuant to Health and Safety Code Section 33670 with respect to the Project Area shall be paid to the Agency, except as may be qualified in accordance with Health and Safety Code Section 33401 by agreements, if any, by and between the Agency and any other affected taxing agency to the extent the findings and determinations as required pursuant to said Section may be made by the Agency and, except as further hereinafter noted, shall be allocated to and when collected shall be paid into a special fund of the Agency to pay the principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the implementation of the Redevelopment Plan. Unless and until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in the Project Area as shown by the applicable last equalized assessment roll, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies. When said loans, advances and indebtedness, if any, and interest thereon, have been paid, all moneys thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds of the respective taxing agencies as taxes on all other property are paid. Section 8. A full and fair public hearing having been held on the Redevelopment Plan, as stated in the recitals herein, and the City Council having considered all evidence and testimony for and against the adoption of the Redevelopment Plan and all -6- written and oral objections thereto, and this City Council being fully advised in the premises, all written and oral objections to the Redevelopment Plan are hereby overruled. Section 9. In order to facilitate and implement the Redevelopment Plan, which is hereby approved and adopted, certain official actions must be taken by the City. The City Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Redevelopment Plan, including without limitation, changes in zoning, the location and relocation of public facilities, and other similar public actions. Pursuant thereto, and without limitation, the City Council hereby: 1. Pledges its cooperation in helping to carry out the Redevelopment Plan; and 2. Directs the various officials, departments, boards and agencies of the City having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with said Redevelopment Plan; and 3. Agrees that any agreements, deeds or leases submitted by the Agency to the City Council for its approval or disapproval will be deemed approved if not acted upon within thirty (30) days after submission to the City Council. Section 10. The City Council may authorize loans of funds to the Agency and may expend funds of the City from time to time, in accordance with the applicable provisions of the Redevelopment Plan. Section 11. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. Section 12. The City Clerk is hereby directed to record with the County Recorder of the County of Riverside (the "County Recorder") a description of the land within the Project Area and a statement that proceedings for the redevelopment of the areas included within the Project Area have been instituted under the Community Redevelopment Law. Section 13. The City Manager and appropriate City Staff are 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 areas included within the Project Area that the site for which a building permit is sought for the -7- construction of buildings or for other improvements is within a redevelopment project area. Section 14. The City Clerk is hereby directed to transmit, on or before five (5) calendar days from, and after the second reading of this Ordinance: (i) a copy of the description and statement recorded by the City Clerk pursuant to Section 12 of this Ordinance; (ii) a copy of this Ordinance; and (iii) a map or plat indicating the territory encompassed by the areas included in the Project Area, to the following parties: (1) the Auditor and Assessor of the County of Riverside; (2) the officer or officers performing the functions of the auditor or assessor for any taxing agencies which, in levying or collecting taxes which do not use the county assessment roll or do not collect taxes through the County of Riverside; (3) the governing body of each of the taxing agencies which levies taxes upon any property in the areas within the Project Area; and (4) the State Board of Equalization. Section 15. The City Clerk shall notify the Building Department of the City by a writing transmitted thereto that the Redevelopment Plan has been adopted. Section 16. The City Clerk shall transmit a copy of this Ordinance to Record Gazette for publication in the manner required by law. Section 17. In case any one or more of the provisions of this Ordinance shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance but this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. Section 18. This Ordinance shall become effective thirty (30) days after its passage and adoption. MOVED, PASSED, and ADOPTED this 27th day of laramhar , 1993 by the following vote: AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo ansL M r 11 THE CITY OF BEAUMONT A ST: CITY C rPRO RTEM CERTIFICATION I, Dayle Keller, City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 13th day of December, 1993, and was duly adopted upon second reading on the 27th day of December, 1993, upon the following roll call vote: AYES: Council Member Berg, Brey and Mayor Pro Tem Parrott. NOES: None. ABSTAIN: None. ABSENT: Council Member Russo and Mayor Leja. ---:;::: 14-1'A."..." CITY ERK CITY OF BEAUMONT RECORDING REQUESTEE Y: AND WHEN RECORDED MAIL TO: City Clerk City of Beaumont P. 0. Box 158 Beaumont, Ca 92223 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ,, 1DEC 2 8 '5 5i6923 has not Q * WILLIA.M E. i ONEtiLY Count''a rder t )IJNTI .v;.L.FORNi AFFIDAVIT AND STATEMENT Julia White, being first duly sworn, deposes and says: That she is now and at all times herein mentioned the duly appointed and qualified Secretary of the Beaumont Redevelopment Agency, a public body. That by proceedings instituted under the California Community Redevelopment Law the Beaumont City Council did on December 27, 1993, by final adoption of its Ordinance No. 741, approve and adopt the Redevelopment Plan for the Beaumont Redevelopment Project as described in the boundary description attached hereto as Exhibit "A" and incorporated herein. Proceedings for the adoption of the Redevelopment Plan for the Beaumont Redevelopment Agency were instituted under the California Community Redevelopment Law. WITNESS MY HAND this 28th day of December, 1993 Secr ary, Beaumont Redevelopment Age ey Subscribed and sworn to before me this 28th day of December, 1993 for the -•- •• - Z alifornia LYNELL YOUNG COMM. 4958482 Nosy Public -California RIVERSIDE COUNTY My comm. expires MAR 01,1996 IN THE SUPERIOrt COURT OF THE STATt OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No # 628 NOTICE REGARDING ORDINANCE NO 741 STATE OF CALIFORNIA County of Riverside ss' I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The DAILY RECORD -GAZETTE a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737 that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit: PUB: 12/20 ONLY all in the year 19__93 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date December 20, et Riverside, California , 1993 AMENDED :e is for the County Clerk's Filing Stamp NOTICE TO BEAUMONT CITIZENS REGARDING PROPOSED ORDINANCE 741 On December 27, 1993, the Beaumont City Council will consider adopting Ordinance No. 741, approving and: adopting the redevelop- ment plan for the Beaumont Redevelop- ment Project. Consideration of adop- tion of this Ordinance was previously noticed for Monday, December 20, 1993. You may wish to ex- amine the certified copy of Ordinance No. 741, which is posted in Room 9, City Hall, 550 E. 6th St. Dated: December 16, 1993 -s-Julia, White Julia White, Deputy City Clerk Posted: Room 9, City Hall, Beaumont -Cherry Valley Water District, Beaumont District Library, Council Cham- bers Publish The Record - Gazette No. 628 12-20,1993