Loading...
HomeMy WebLinkAbout1994-02-22 - AGENDA REPORTS - CMTY RECOVERY PLAN (2)AGENDA REPORT City Item to be presented by: George A. Caravalho PUBLIC HEARING DATE: February 22, 1994 SUBJECT: COMMUNITY RECOVERY PLAN DEPARTMENT: City Manager Background Council has directed staff to proceed with the preparation of a Community Recovery Plan pursuant to the Community Redevelopment Financial Assistance and Disaster Law. The primary purposes of the Plan are designed to: 1 . Provide earthquake disaster relief; 2. Provide community Infrastructure; 3. Conduct economic development/community revitalization activities as contained in the General Plan; and 4. Undertake improvements in community housing. State law requires a Public Hearing to be conducted as part of the City Council's formal consideration of the Plan. Such a hearing has been noticed and scheduled at this point on the City Council Agenda. Recommendation We recommend that the City Council conduct the Public Hearing following the City Attorney's guidelines. GAC:DD:scw walmth�dev.ai Adopted -,j Aguia-.13 Item: PROCEDURE FOR PUBLIC HEARING FOR SANTA CLARITA COMMUNITY RECOVERY PLAN BY THE CITY COUNCIL OF THE CITY OF SANT?. CLARITA FEBRUARY 22, 1994 MAYOR: This is the time and place set for the public hearing before the City Council of the City of Santa Clarita for the purpose of considering the approval and the adoption of the proposed Santa Clarita, Community Recovery Plan by the City Council of the City of Santa Clarita. Has the agenda for this meeting been posted in the manner prescribed by law and has notice of this hearing been given in the time and manner prescribed by law? CITY CLERK: The agenda for this meeting was duly posted in accordance with applicable provisions of the Brown Act. I have in my possession affidavits of publication relating to the notice of this hearing which notice was duly given as required by law. MAYOR: The Affidavits of Publication are ordered filed and marked as Exhibit 1. MAYOR: The record of this meeting should disclose that copies of the proposed plan, and attached exhibits, the report required rAKU163.3 a pursuant to Section 33352, and attached exhibits, and rules governing participation and reentry references for property I owners, operators of businesses and tenants have been on file in the office of the Secretary of the Agency and the office of the City Clerk of the City of Santa Clarita for public insp'ection. All of those documents have also been presented to each member of this City Council. MAYOR: The Agency caused the proposed Santa Clarita Community Recovery Plan to be prepared in accordance with the provisions of the Community Redevelopment Law of the State of California (commencing at Section 33000, et sea. of the Health and Safety Code) and in accordance with the provisions of the Community Redevelopment Financial Assistance and Disaster Project Law (commencing at Section 34000 et seq. of the Health and Safety Code). The evidence presented as a_part of the proceeding before '�7 ,X"96fT-5 I—L-7 aL- VOS>��C. the Agency(�,is deemed to have been presented to the City Council at this meeting. The purpose, as stated previously, is to avoid the problem of a lengthy presentation before the Agency and then duplication of that same evidence before the City Council in view of the fact that the membership of'the Agency Board and the City Council is identical. [At this time I will ask that the City Manager give us an overview of the purpose of this hearing. City Manager makes comments and presents consultants.] LAX: 94163.3 -2- r pursuant to Section 33352, and attached exhibits, and rules governing participation and reentry references for property owners, operators of businesses and tenants have been on file in the office of the Secretary of the Agency and the office of the City Clerk of the City of Santa Clarita for public inspection. All of those documents have also been presented to eac� member of this city Council. MAYOR: The Agency caused the proposed Santa clarita Community Recovery Plan to be prepared in accordance with the provisions of the Community Redevelopment Law of the State of California (commencing at Section 33000, �t sea. of the Health and Safety Code) and in accordance with the provisions of the Community Redevelopment Financial Assistance and Disaster Project Law (commencing at Section 34000 et sea. of the Health and Safety Code). The evidence presented as a part of the proceeding before the Agency is deemed to have been presented to the City Council at this meeting. The purpose, as stated previously, is to avoid the problem of a lengthy presentation before the Agency and then duplication of that same evidence before the City Council in view of the fact that the membership of the Agency Board and the City Council is identical. [At this time I will ask that the City Manager give us an overview of the purpose of this hearing Manager makes comments and presents consultants.] LAX;84163.3 -2- City MAYOR: Members of the City council have now heard evidence from the City'M'anager and from the City's consultants. It would be appropriate at this time for members of the.City council to put questions to any of those officials or make any other cemment that such member may deem appropriate with respect to the proposed plan. (MEMBERS ARE CALLED UPON) MAYOR: It is appropriate at this time in this public hearing to allow interested persons to present oral or written evidence or objections relating to the proposed Plan and/or the evidence presented by the staff and consultants. (Mayor then calls upon members of the public who desire to present their comments. Evidence is received from the public.] Note to Mayor: If there is no further evidence to be presented, and if there are no further questions by any member of the City council, I declare that this public hearing is closed. Note to Mayor: 1. Following the public comments, staff/consultants may respond to any oral objections from the public. LAX:94163.3 -3- 2. If written objections have been presented to the City Council at the hearing or delivered to the City Clerk prior to thelhearing, then must be adjourned to a time not less than one week after this hearing, and adoption of findings in response, pursuant to Health and Safety Code Sections 33363 and 33364, act upon the Plan. 3. If no written objections have been received, the City Council may proceed to adopt the Plan at this time. Note to Mayor: If the City council wishes to proceed, and no written objections have been filed, the following actions can be taken: (1) Adoption by motion of the Plan for the Encouragement, to the Maximum Extent Feasible, of the Provision of Dwellings Suitable For the Needs of Families Displaced by the Disaster or by the Redevelopment, Rehabilitation or Renewal Activities; (2) Adoption of Resolution No. — finding that the adoption of the Plan and related documents is exempt under CEQA; (3) Adoption of ordinance No. approving and adopting the Santa Clarita Community Recovery Plan. LAX:84163.3 -4- CITY OF SANTA CLARITA PUBLIC NOTICE HEARING RE PROPOSED ADOPTION OF THE SANTA CLARITA COMMUNITY RECOVERY PLAN TO ALL INTERESTED PERSONS: The City Council of the City of Santa Clarita will, on February 22, 1994, at 7:30 p.m. o'clock, or as soon thereafter as the matter can be heard, conduct a public hearing to consider whether the proposed Santa Clarita Community Recovery Plan (hereafter "Plan"), for a project area encompassing that portion of the City of Santa Clarita described below should be adopted. The hearing will be conducted at the Wm. S. Hart High School District, 21515 Redview Drive, Santa Clarita, 91350. Evidence will be considered at the hearing concerning whether the Plan should be adopted by the City Council of the City of Santa Clarita. All interested persons, or persons having objections, are urged to attend and present their views or objections, and show cause, on whether such Plan should or should not be adopted, and on the regularity of the prior proceedings. The purpose of the Plan is to alleviate the damage caused by the January 17, 1994, so called "Northridge" earthquake, and succeeding and following aftershocks and related earthquakes, and to provide for and facilitate the repair, restoration, demolition, and/or replacement of property or facilities damaged as a result of a disaster in the Project Area; to take all action necessary to prevent or mitigate emergencies arising out of the disaster; to eliminate blight in the Project Area; and to cause economic redevelopment and community revitalization of the Project Area as provided in the adopted General Plan. Persons interested in this matter may contact Lynn M. Harris, Deputy City Manager, at (805) 253-0577, for information concerning the nature and extent of the Plan and other related documents. Copies of the Plan and related documents, including, but not limited to, the Rules for Owner Participation under the Plan, are on file at the following location and available for public inspection: Office of the City Clerk 21444 Golden Triangle Road Santa Clarita, California 91350 The legal description of the boundaries of the area designated in the proposed Plan is as follows: The boundaries of the City of Santa Clarita as the same existed as of the effective date of its incorporation, December 15, 1987, excluding therefrom ally and all territory annexed to the City of Santa Clarita as of December 31, 1993; and further excluding therefrom the following real properties: Assessors Parcel Number: 2801-001-003 2801-001-005 2801-001-023 through -027 2801-001-270 through -272 2805-001-001 2805-001-009 2805-001-011 2805-001-023 2812-008-003 2812-008-020 2812-008-022 2812-038-002 2825-001-035 through -036 2825-001-901 2827-001-901 through -908 2827-008-015 2827-008-032 2827-008-918 2827-011-005 through -006 2827-011-009 2827-013-003 through -004 2827-026-013 through -014 2827-026-023 through -024 2827-027-007 2827-027-012 2827-030-006 through -008 2827-040-004 through -005 2827-040-009 2836-010-907 2836-013-083 through -084 2836-013-088 2836-013-090 2836-013-114 through -118 2836-013-120 through -123 2836-013-125 through -129 2836-013-134 2836-013-271 through -272 2836-013-277 through -278 2836-013-801 through -803 2836-014-052 2839-002-028 through -029 2839-002-032 2839-003-018 through -019 2839-003-027 2839-003-030 through -031 2839-003-902 2842-002-039 through -041 2842-002-018 2842-002-020 2842-002-023 through -024 2842-004-027 through -029 2842-004-270 through -271 2842-004-800 2842-006-020 2849-002-017 2849-002-272 2849-002-275 through -276 2849-002-278 through -279 2851-002-001 2861-002-058 2861-002-061 2861-002-089 2861-004-900 2861-004-902 2864-002-004 through -005 2864-002-011 through -013 2864-002-900 through -901 2866-005-803 All interested persons are urged to attend the said hearing and present their views to the City Council. Dated: February 10, 1994 Donna M. Grincley, City Clerk wal�th\�dev.pn RESOLUTION NO. 94-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA FINDING THAT THE ADOPTION OF THE SANTA CLARITA COMMUNITY RECOVERY PLAN AND ALL RELATED DOCUMENTS IS EXEMPT AS A PROJECT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY OF SANTA CLARITA HEREBY DOES RESOLVE AS FOLLOWS: SECTION 1. The City of Santa Clarita does hereby find, determine and declare as follows: A. Commencing on January 17, 1994, an earthquake registering at least 6.6 on the Richter scale occurred, and was followed by a continuing series of aftershocks in and along fault lines in and/or adjacent to the City ("Disaster"); and B. Preliminary estimates of damage to buildings and structures within the City indicate that damage caused by the Disaster in the City is estimated at Two Hundred Ten Million Dollars ($210,000,000.00); and C. President Bill Clinton declared the area in the City to be a major disaster under federal law an January 17, 1994; and LAX:94204.1 D. Governor Pete Wilson of the State of California declared a State of Emergency in Los Angeles County on January 17, 1994; and E. The City Manager and City Council of the City issued a Proclamation of Local Emergency in the City of Santa Clarita on January 17, 1994; and F. The City Council of the City responded in part to the Disaster by directing the Santa Clarita Redevelopment Agency to prepare a Redevelopment Plan for the Santa Clarita community Recovery Project Area (the "Project Area") pursuant to the Community Redevelopment Law of the State of California (Health and Safety code section 33000 et seq.) ("CRL") and the community Redevelopment Financial Assistance and Disaster Project Law (Health and Safety Code Section 34000 et secl.) ("Disaster Law"); and G. The Santa Clarita Redevelopment Agency has prepared the proposed Santa Clarita Community Recovery Plan ("Plan") in response to said direction; and H. The adoption of the Plan and all related documents ("Project") is a Project under the California Environmental Quality Act, Public Resources Code Section 21000 et sea. (110EQA11); and LAX:84204.1 -2- I. The City Council has examined the Declaration of Lynn M. Harris, Deputy City Manager and the Director of Community Development for the City who serves as the Environmental Officer in the City; and J. The City Council concurs with Ms. Harris's findings and conclusions that the proposed adoption of the Plan and its related documents is exempt from CEQA as stated below; and K. That the Project is exempt from CEQA under Public Resources Code Section 21080(b)(3) because it is a project undertaken and carried out by the Santa Clarita Redevelopment Agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster -stricken area which the Governor of California has proclaimed a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code; and L. The Disaster constitutes an "emergency" within the meaning of Public Resources Code Section 21060.3 ("Emergency") in that the Disaster was a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services; and that the Project is exempt as a LAX:94204.1 -3- project from the provisions of CEQA under Public Resources Code Section 21080(b)(4) because the Project is necessary to mitigate such an emergency. M. Further, that the Project is exempt from CEQA under CEQA Guidelines Section 15269(a) and (c) for the above - stated reasons. SECTION 2. That the City Council has reviewed the proposed Notice of Exemption relating to the Project and has determined that the same was properly prepared in accordance with CEQA and the State and local guidelines. The said Notice of Exemption is hereby accepted and ordered filed. SECTION 3. That the City Clerk shall certify the adoption hereof, and forward a certified copy hereof, to the City Manager. PASSED, APPROVED AND ADOPTED this _ day of 1 1994. MAYOR LAX:84204.1 -4- ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of 1 19 — , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK LAX:84204.1 -5- ORDINANCE NO. 94-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA APPROVING AND ADOPTING THE SANTA CLARITA COMMUNITY RECOVERY PLAN THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. THE CITY COUNCIL of the CITY OF SANTA CLARITA (hereafter "City") does hereby find, determine and declare as follows: (a) That the Redevelopment Agency of the City (hereinafter referred to as the "Agency") has formulated and prepared the proposed Santa Clarita Community Recovery Plan for the City (hereinafter referred to as "Plan"); and (b) That the City Council of the City has determined that proposed Plan is in conformity with the City's General Plan; and (c) That the Agency submitted to the Council the proposed Plan, and related and required documents; and (d) That the Agency heretofore adopted Rules Governing Participation by property owners, operators of businesses and tenants in the redevelopment process pursuant to the Plan; and (e) That the City and the Agency both conducted duly noticed public hearings to consider the adoption of the proposed Plan; and (f) That the evidence adduced at said hearing established that, as a result of the January 17, 1994 earthquake, which was rated at 6.6 on the Richter Scale, and the numerous aftershocks resulting therefrom, as well as earthquakes caused by other faults, (hereafter "Disaster") the entire City has been declared to be a Disaster area within the meaning of Section 34003 of the Health and Safety Code by the Governor of the State of California and the President of the United States has declared the Disaster to be a major federal disaster; and IAX:82048.7 (g) That the City Council of the City has heretofore issued a proclamation of local emergency based upon said Disaster; and (h) That the damage to buildings and structures, public and private, located with the City caused by the Disaster has been extensive; and (i) That evidence presented at the hearing demonstrated that as of the time of the hearing, 13,899 property units, including City infrastructure, other public facilities and private property were damaged by the Disaster, ranging from severe structural damage to damage to chimneys, walls, roofs and windows at a total estimated damage to be in excess of over Two Hundred Twenty Million Dollars ($220,000,000.00); and (j) That public utility services, including but not limited to gas, electric and telephone, have been completely disrupted by the Disaster so that utility services as of the time of the hearing in many cases is problematic and/or sporadic; and (k) That surface transportation between points within the City as well as to points outside the City has been severely impacted and is severely restricted by the Disaster; and (1) That the damage occasioned by the earthquakes and aftershocks has resulted in the entire city being a disaster area within the meaning of Section 34003 of the Health and Safety Code; and (m) That administrative proceedings have been conducted as a result of which it was determined that: The adoption of the Plan and all related activity which constitutes a project ("Project") under the California Environmental Quality Act, Public Resources Code Section 21000 et sea. ("CEQAII), is exempt from CEQA because: (1) under Section 21080(b)(3) of the Public Resources Code because the Project is undertaken and carried out by the Agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of the Disaster in a disaster -stricken area in which a state of emergency has been proclaimed by the Governor; (2) under Section 21080(b)(4) of the Public Resources Code because the Project is necessary to mitigate an emergency as emergency is defined in section LAX:82048.7 -2- 21060.3 of the Public Resources Code; and (3) under Section 15269 of the CEQA Guidelines for the above -stated reasons and that a Notice of Exemption shall be duly and timely filed evidencing the determination made to such exemption; and (n) That at said public hearings, the Santa Clarita Redevelopment Agency and the City Council heard and passed upon all oral and written objections; and (o) That all actions required by law for the adoption of a Plan have been duly taken by the City and the Agency. SECTION 2. The purpose and intent of the City Council and Agency with respect to the adoption of the proposed Plan is to: (a) Remediate and/or eliminate the conditions in the Project Area resulting from the disaster, and to eliminate blight existing in the Project Area; and (b) Prevent recurrence of blighting conditions within the Project Area; and (c) Provide for participation by owners and tenants and preferences to persons engaged in business within the Project Area to participate in the redevelopment of the Project Area; and (d) Encourage and ensure the redevelopment of the Project Area in the manner set forth in the proposed Plan; and (e) Provide for the relocation of residents, if any, displaced by the implementation of the proposed Plan; and (f) Improve, construct, reconstruct and provide for the construction of public facilities, roads, and other public improvements and public utilities and to improve the quality of the environment in the Project Area to the benefit of the Project Area and the City as a whole; and (g) Encourage and foster the economic revitalization of the Project Area by protecting and promoting the sound redevelopment and revitalization of the Project Area and by replanning, redesigning or redeveloping portions of the Project Area which is required as a result of the disaster, and/or which LAX:92048.7 -3- is stagnant or improperly utilized because of the lack of adequate facilities, utilities and other causes; and (h) Provide housing as required to satisfy the needs and desires of the various age, income and ethnic groups of the community. SECTION 3. After due consideration and considered responses, all written and oral objections to the Plan be, and are hereby overruled. SECTION 4. The proposed Plan is hereby approved and adopted and designated as the Official Redevelopment Plan for the Santa Clarita Community Recovery Project Area. A true and correct copy of the Plan is attached hereto and incorporated herein by reference as if set forth in full and marked as Exhibit "A". that: SECTION 5. The City Council hereby finds and determines (a) The redevelopment of the Project Area is necessary to effectuate, mitigate or remediate the effect of the Disaster, and to eliminate blighted areas included within the Project Area, in a manner consistent with the public purposes as set forth in the Community Redevelopment Law, Health and safety code, Section 33000 et seq. (hereafter "CRL") of the State of California; and (b) The Plan will effectively redevelop the Project Area in conformity with the CRL and the Community Redevelopment Financial Assistance and Disaster Project Law (hereafter "Disaster Law") (34100 et sea., Health and Safety Code) in the interests of the public peace, health, safety and welfare of the community; and (c) That the adoption of this Plan, and its implementation, is economically sound and feasible; and (d) The condemnation of real property, as provided for in the Plan, is necessary for the execution of said Plan and adequate provisions have been made for payment for property to be acquired, as required by law; and (e) The Agency has a feasible method or plan for the relocation of families and persons to be temporarily or permanently displaced from facilities within the Project Area; and LAX82048.7 -4- (f) 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, 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; and (g) 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 disaster or by redevelopment, rehabilitation or renewed utilities; and (h) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 34111 and 34111.1. Dwelling units housing persons and families of low and moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5, 33413 and 33413.5; and (i) Inclusion within the Project Area of any noncontiguous areas or any properties, buildings, or improvements which are not neglected, and thus detrimental to the public health, safety, or welfare is necessary for the effective redevelopment of the areas of which they are a part; any such properties included are necessary for effective redevelopment under the Plan, and are not included for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Section 33670 of the CRL without other substantial justification for its inclusion; and (j) The remediation of the effect of the Disaster and the elimination of blight and redevelopment of the Project Area will not be accomplished by private enterprise acting alone without the aid and assistance of the Agency; and (k) The Project Area is predominantly urbanized as defined in subdivision (b) of Section 33320.1 of the CRL; and LAX:82048.7 -5- (1) The time limitation and the limitation on the number of dollars to be allocated to the Agency that are contained in the Plan are reasonably related to the proposed projects to be implemented in the Project Area; and (m) The carrying out of this Plan will promote the public peace, health, safety and welfare and will effectuate the purposes and policies of the CRL. SECTION 6. In order to implement and facilitate the effectuation of the 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 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, this City Council hereby: (a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Plan; (b) Requests the various officials, departments, boards, commissions, and agencies of the City having administrative responsibilities in the premises to cooperate with the Agency in such proceedings and to exercise the respective functions and powers in a manner consistent with said Plan. SECTION 7. This council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the project are displaced and that pending the development of such facilities there will be available to such displaced occupants adequate temporary facilities at rents comparable to those in the City at the time of the displacement. SECTION 8. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Secretary of the Santa Clarita Redevelopment Agency, and the Agency is hereby vested with the responsibility for carrying out the Plan. SECTION 9. Pursuant to Section 34013 of the Health and Safety Code, this ordinance is hereby declared to be an emergency ordinance and shall take effect immediately upon its adoption. A statement of facts constituting the basis of its status as an emergency ordinance is as follows; as set forth above a Disaster within the meaning of the Disaster Law occurred within and adjacent to the City; that factually supported findings regarding the existence of the Disaster have been made as described above; that the adoption of the Plan is required immediately to advance LAX:82048.7 -6- the public interest, convenience and necessity; that the public peace, health and safety required the immediate adoption of the Plan. SECTION 10. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. APPROVED and ADOPTED this _ day of February, 1994. MAYOR CITY OF SANTA CLARITA ATTEST: CITY CLERK CITY OF SANTA CLARITA LAX:82048.7 -7- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing ordinance No. — was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of P 19—. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the — day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK LAX:82048.7 -8-