It is hereby found and declared, pursuant to Section 33101 of the Community Redevelopment Law that there is a need for the Redevelopment Agency created by Section 33100 of said law to function in the City of Imperial Beach, and said Agency is hereby authorized to transact business and exercise its powers under the Community Redevelopment Law.
(Ord. 95-891 § 1)
Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, this body hereby declares itself to be the Agency provided in Section 2.30.010 hereof and that all rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in such Agency shall be and are invested in this body.
(Ord. 95-891 § 2)
The purposes and intent of the City Council with respect to the project are to accomplish the following:
A. 
The revitalization of the Palm Avenue and 13th Street business corridor through the rehabilitation of existing structures, the redevelopment of opportunity sites and through business retention and attraction programs.
B. 
Improve the City's bayfront as a recreational area to serve both passive and active recreational uses, visitors and as an asset for a healthy tourist industry.
C. 
The elimination and prevention of blight and deterioration; and the conservation, rehabilitation and redevelopment of the project area in accord with the General Plan, specific plans, the Redevelopment Plan and local codes and ordinances.
D. 
The achievement of an environment reflecting a high level of concern for architectural, landscape, and urban design and land use principles appropriate for attainment of the objectives of the Redevelopment Plan.
E. 
The provision for increased revenues to the City, including sales, business license, and other fees, taxes and revenues to the City.
F. 
The provision for tax increment to provide funds as necessary to finance rehabilitation and development programs which cannot be accomplished through existing publicly funded programs or by the private sector acting alone to eliminate blighting influences in the project area.
G. 
The encouragement of neighborhood serving commercial uses such as markets, movie theaters, family recreation and general goods stores.
H. 
The creation and development of local job opportunities and the preservation of the area's existing employment base.
I. 
The conservation and rehabilitation of urban reserve bay frontage.
J. 
The elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems; inadequate water, sewer and storm drainage systems; insufficient off-street parking; and other similar public improvements, facilities and utilities deficiencies adversely affecting the project area.
K. 
The encouragement of investment by the private sector in the redevelopment of the project area by assisting in the alleviation of impediments to such redevelopment.
L. 
The elimination of blight through abatement or code compliance, reconstruction and assembly of parcels into more developable sites for more compatible uses.
M. 
The expansion and upgrading of housing opportunities in the community to eliminate blight and improve housing stock and standards for the present population.
N. 
The encouragement of participation of project area businesses, property owners, and community organizations in the redevelopment of the project area.
O. 
The expansion and upgrading of public transportation facilities.
P. 
To attract state, federal and other grants, loans and funds.
Q. 
To improve the public view through the purchase and rehabilitation of private facades and signage.
R. 
To develop or construct various public facilities, including fire, law enforcement, transportation, library, recreational or academic facilities as may be beneficial to the public welfare or enjoyment.
(Ord. 96-901 § 1)
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 Redevelopment Plan for the Palm Avenue/Commercial Redevelopment Project, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Redevelopment Plan held on January 17, 1996, that:
A. 
The project 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 seq.). This finding is based on the existence of the following conditions present in the project area that cause blight:
1. 
Buildings in which it is unsafe or unhealthy for persons to live or work caused by deterioration and dilapidation, building code violations, and faulty or inadequate utilities and other similar factors; and
2. 
Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots including substandard design and other factors; and
3. 
Adjacent or nearby uses that are incompatible with each other; and
4. 
The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership; and
5. 
Depreciated or stagnant property values indicated by declining land values, declining retail sales tax revenues and impaired investments; and
6. 
Abnormally low lease rates; and
7. 
High crime rates.
These conditions combined are so prevalent and so substantial that it causes a reduction of, or lack, of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment, requiring the use of 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 actions 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.
B. 
The project is predominantly urbanized as defined by subdivision (b) of Section 33320.1 of the Community Redevelopment Law. This finding is based upon the fact that no less than 80% of the property in the project 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 is an integral part of an area developed for urban uses.
C. 
The Redevelopment Plan will redevelop the project 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: by eliminating areas suffering from economic dislocation or disuse; by replanning, redesigning and/or revitalizing 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; by improving the general welfare of the citizens of the City by remedying such injurious conditions through appropriate means; and by other appropriate activities.
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, the Agency will be authorized to seek and utilize a variety of po-tential financing resources, including property tax 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; that under the Redevelopment Plan, no public redevelopment activity can be undertaken unless the Agency can demonstrate that it has adequate revenue to finance the activity; and that the financing plan included within the Agency's report to City Council demonstrates that sufficient public and private financial resources will be available to carry out the project.
E. 
The Redevelopment Plan conforms to the General Plan of the City of Imperial Beach, including, but not limited to, the housing element which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the finding of the Planning Commission of the City of Imperial Beach that the Redevelopment Plan conforms to the General Plan of the City of Imperial Beach.
F. 
The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Imperial Beach and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based on the fact that redevelopment will benefit the project 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, and by increasing employment opportunities within the City.
G. 
The condemnation of real property, to the extent and limitations 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, 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, 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 for occupancy which meets the standards established in state law and regulations.
I. 
There are, or shall be provided, within the project 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, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonable accessible to their places of employment. This finding is base upon the fact that no person or family will be required to move from any dwelling unit until suitable replacement housing is available for occupancy which meets the standards established in state law and regulations.
Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Community Redevelopment Law. Dwelling units housing persons and families of low or 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 of the Community Redevelopment Law. This finding is made in accordance with Community Redevelopment Law and on the fact that adequate and appropriate sites within the project and other locations throughout the City are projected to be available for replacement housing.
J. 
The project does not include any non-contiguous areas. 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 finding is based upon the fact that all properties within project 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 Redevelopment Plan or because of the need to impose uniform requirements on the project as a whole.
K. 
The elimination of blight and the redevelopment of the project 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 substantial blighting conditions and influences, and the inability of individual owners and developers to economically remove these blighting conditions and influences without substantial public assistance.
L. 
The time limitations contained in the Redevelopment Plan are reasonably related to the proposed projects to be implemented in the project and to the ability of the Agency to eliminate blight within the project. This finding is made based on the fact that the Redevelopment Plan contains a debt establishment, a plan effectiveness, and a debt repayment limit pursuant to Section 33333.2 of the Community Redevelopment Law, and the Agency's Report to City Council adequately demonstrates this relationship.
(Ord. 96-901 § 2)
The City Council is satisfied that permanent housing facilities will be available within three years from the time residential occupants of the project are displaced, and that pending the development of such facilities, there will be available to any such displaced residential occupants temporary housing facilities at rent comparable to those in the City of Imperial Beach at the time of their displacement. 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 dwellings.
(Ord. 96-901 § 3)
Written objections to the Redevelopment Plan 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 property owners and affected taxing agencies, having been responded to in writing, are hereby overruled.
(Ord. 96-901 § 4)
That certain document entitled "Palm Avenue/Commercial Redevelopment Plan Final Environmental Impact Report," 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 chapter by reference and made a part hereof. All activities undertaken by the Agency, and/or the City of Imperial Beach pursuant to or in implementation of the Redevelopment Plan 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 reviews as necessary at the time of implementation of such activities.
(Ord. 96-901 § 5)
That certain document entitled "Redevelopment Plan for the Palm Avenue/Commercial Redevelopment Project," the map contained therein, and such other reports as are incorporated therein by reference, copies of which are on file in the office of the agency and the office of the City Clerk, having been duly reviewed and considered, is incorporated in this chapter by reference and made a part hereof, and as so incorporated is designated, approved and adopted as the official "Redevelopment Plan for the Palm Avenue/Commercial Redevelopment Project."
(Ord. 96-901 § 6)
In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved, this City 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 likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with redevelopment of the project; (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, including the expenditure of monies, necessary to be carried out by the City under the provisions of the Redevelopment Plan.
(Ord. 96-901 § 7)