The City Council has received from the Community Redevelopment Agency of the city (the “agency”) the proposed redevelopment plan (the “redevelopment plan”) for the Livingston community redevelopment project (the “project”), as approved by the agency. The following is a copy of said plan:
Section 1: That the purposes and intents of the City Council with respect to the project area are to promote the elimination of blight, reverse the trend of economic stagnation and ensure the realization of the project area potential for residential, commercial, industrial, public and other appropriate land uses. Toward this end, the plan is designed and oriented to achieve the following objectives:
(A) The elimination of existing blighted conditions and the prevention of recurring blight within the project area.
(B) The provision of public services and facilities as necessary and required for the development of the project area.
(C) The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services.
(D) The upgrading of the pedestrian environment within the project area, particularly the downtown.
(E) The enhancement of the visual image of the project area, including the provision of an environment with a positive image and sense of identity.
(F) The preservation and enhancement of any historic structures that may be identified.
(G) The encouragement of the participation of project area residents in the formation, refinement and implementation of this plan in order to ensure that plan proposals included herein are directly beneficial to the people who live and work within the project area.
(H) The encouragement, promotion and assistance in the development and expansion of local commerce, needed commercial and industrial facilities and increased employment opportunities within the project area.
(I) The retention, relocation, and expansion of any businesses and industries impacted by the freeway realignment.
(J) The creation of a more cohesive and unified Livingston community by strengthening the physical, social and economic ties between residential, commercial, industrial, recreational and public land uses within the project area.
(K) The provision of a procedural and financial mechanism by which the agency can assist, complement and coordinate public and private development, redevelopment, revitalization and enhancement of the Livingston community.
Section 2: The 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 California community redevelopment law (Cal. Health and Safety Code §§ 33000 et seq.). This finding is based upon the following conditions which characterize the project area:
(1) The existence of unfit or unsafe buildings and structures due to age, obsolescence, faulty interior arrangements or exterior spacing and mixed character and shifting of uses;
(2) The existence of properties which suffer from deterioration and disuse because of: inadequate public improvements, facilities, utilities and open spaces, including inadequate and insufficient traffic circulation, parking and street lights which cannot be remedied with private or governmental action without redevelopment;
(3) The existence of properties which suffer from economic dislocation, deterioration and disuse resulting from faulty planning;
(4) A lack of proper utilization of property, resulting in a stagnant and unproductive condition of land potentially useful and valuable; and
(5) A prevalence of economic maladjustment and impaired investment evidenced by an increase in the number of vacant commercial buildings.
(B) It is further found and determined that such conditions are causing and will increasingly cause a reduction and lack of proper utilization of the 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 finding 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 required to correct the blighting conditions are beyond the capacity of the city and cannot be undertaken or borne by private enterprise acting alone or in concert with available governmental action.
(C) The redevelopment plan 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 redevelopment of the project area will implement the objectives of the community redevelopment law by aiding in the elimination and correction of the conditions of blight, providing for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement and providing for higher economic utilization of potentially useful land.
(D) The adoption and carrying out of the redevelopment plan is economically sound and feasible. This finding is based on the fact that under the redevelopment plan no public redevelopment activity will be undertaken unless the agency can demonstrate that it has adequate revenue to finance the activity.
(E) The redevelopment plan conforms to the general plan of the City of Livingston. This finding is based on the finding of the Planning Commission that the redevelopment plan conforms to the general plan for the City of Livingston.
(F) The carrying out of the redevelopment plan will promote the public peace, health, safety and welfare of the City of Livingston and will effectuate the purposes and policy of the community redevelopment law. The finding 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, social and physical conditions of the project area.
(G) 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 the payment for property to be acquired as provided by law. This finding is based upon the need to ensure that the provisions of the redevelopment plan will be carried out and to prevent the recurrence of blight.
(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. This finding is based upon the fact that the redevelopment plan provides for relocation assistance according to law.
(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 finding is based upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available.
(J) 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 for the purpose of obtaining the allocation of tax increment revenues from such area pursuant to Cal. Health and Safety Code § 33670 of the community redevelopment law without other substantial justification for its inclusion. This finding is based upon the fact that the boundaries of the project area were chosen as a unified and consistent whole to include lands that were underutilized because of blighting influences, or affected by the existence of blighting influences, and land uses significantly contributing to the conditions of blight, whose inclusion is necessary to accomplish the objectives and benefits of the redevelopment plan.
(K) 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 finding is based upon the existence of blighting influences, including the lack of adequate public improvements and facilities, and the inability of individual developers to economically remove these blighting influences without substantial public assistance in providing adequate public improvements and facilities, and the inadequacy of other governmental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities.
(L) The redevelopment plan for the project area will afford the maximum opportunity, consistent with the sound needs of the city as a whole, for the redevelopment of such area by private enterprise.
(M) The redevelopment plan contains adequate safeguards so that the work of redevelopment will be carried out pursuant to the redevelopment plan, and it provides for the retention of controls and the establishment of restrictions and covenants running with the land sold or leased for private use for periods of time and under conditions specified in the redevelopment plan, which this Council deems necessary to effectuate the purposes of the community redevelopment law.
Section 3: The Council is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area are displaced, if any, and that pending the development of such facilities, there will be available to any such displaced occupants temporary housing facilities at rents comparable to those in the City of Livingston at the time of their displacement. No persons or families of low or 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 dwellings. The agency shall not displace any such persons or families until such housing units are available and ready for occupancy.
Section 4: The Council is convinced that the effect of tax increment financing will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the project area.
Section 5: Written objections to the redevelopment plan filed with the City Clerk before the hour set for hearing and all oral objections presented to the Council at the hearing having been considered are hereby overruled.
Section 6: That certain document entitled “redevelopment plan for the Livingston community redevelopment project”, the maps contained therein and such other reports as are incorporated therein by reference, a copy of which is on file in the office of the City Clerk, having been duly reviewed and considered 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 Livingston community redevelopment project”.
Section 7: In order to implement and facilitate the effectuation of the redevelopment plan hereby approved, this Council hereby:
(A) Pledges its cooperation in helping to carry out the redevelopment 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 the redevelopment of the project area;
(C) Stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the redevelopment plan; and
(D) Declares its intention to undertake and complete any proceeding necessary to be carried out by the city under the provisions of the redevelopment plan.
Section 8: The City Clerk is hereby directed to send a certified copy of this ordinance to the agency, whereupon the agency is vested with the responsibility for carrying out the redevelopment plan.
Section 9: The City Clerk is hereby directed to record with the County Recorder of Merced 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 10: The City Clerk is hereby directed to transmit a copy of the description and statement recorded by the Clerk pursuant to Section 9 of this ordinance, a copy of this ordinance and a map or plat indicating the boundaries of the project area, to the Auditor and Assessor of the County of Merced, 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.
(Ord. 288, passed 9-12-1985, eff. 10-12-1985)