It is found, determined and declared that there is a need for a redevelopment agency to function in the county in accordance with the provisions of the Community Redevelopment Law.
(Ord. CS 423 §1, 1990)
Note: Prior ordinance history: Ords. CS 313 and CS 415.
The board of supervisors finds and determines that the designation of the board as the agency will serve the public interest and promote the public safety and welfare for the following reasons, conditions and/or goals and objectives for the future of the county:
A.
Providing or correcting generations of deferred or nonexistent infrastructure improvements in unincorporated communities in the county;
B.
Creating an important vehicle for increasing economic development opportunities and employee-intensive industry to reduce the economic and environmental impacts of long range commuting and to secure the strongest possible employment and economic base for the county and its citizens;
C.
Eliminating hazardous and blighted conditions from existing communities, by containing or reducing to the extent practicable existing incompatible uses, providing environmental controls, incentives and/or relocating sensitive residential uses away from hazardous circumstances;
D.
Developing programs and funding to assist in the maintenance and improvement of existing housing, the creation of new housing ownership opportunities for low and moderate income households; and
E.
Enhancing the quality of the environment and life for the citizens of Stanislaus County by providing or improving all manner of public facilities including social services, criminal justice systems and transportation.
(Ord. CS 423 §1, 1990)
The following terms when used in this title shall have the following respective meanings:
A.
"Agency" means the Stanislaus County redevelopment agency of Stanislaus County, California.
B.
"Cooperative agreement" means the document containing the terms for sharing redevelopment powers with other lead agencies.
C.
"County" means Stanislaus County of California.
D.
"Lead Agency" means the entity proposing to undertake redevelopment planning and implementation activities in unincorporated areas on behalf of the county.
E.
"Map" means the redevelopment plan map.
F.
"Memorandum of understanding" means a summary statement of the terms of agreement for undertaking cooperative actions for planning and implementation of redevelopment.
G.
"Person" means the individual, or any public or private entity.
H.
"Plan" means the redevelopment plan for Stanislaus County redevelopment plan No. 1.
I.
"Planning agency" means the board of supervisors of Stanislaus County, California.
J.
"Project area" means the area included within the boundaries of the Stanislaus County redevelopment project No. 1.
K.
"Redevelopment commission" means the Stanislaus-Ceres redevelopment commission.
L.
"Redevelopment Law" means the Community Redevelopment Law of the State of California (California Health and Safety Code, Sections 33000 et seq.)
M.
"State" means the State of California.
(Ord. CS 423 §1, 1990)
The redevelopment agency is established pursuant to Section 33101 of the Community Redevelopment Law, to be known as the Stanislaus County redevelopment agency (the agency). The agency is authorized to transact business and exercise its powers under the provisions of the community redevelopment agency (the agency). The agency is authorized to transact business and exercise its powers under the provisions of the Community Redevelopment Law.
(Ord. CS 423 §1, 1990)
Pursuant to the provisions of Section 33200 of the Community Redevelopment Law, the board of supervisors declares itself to be the agency.
(Ord. CS 423 §1, 1990)
Pursuant to the provisions of Section 33210 and 33213 of the Community Redevelopment Law, the agency may delegate and assign its redevelopment powers and authority from time to time to legally constituted entities under the law for the express purpose of undertaking permitted redevelopment activity permitted by said law in unincorporated portions of the county.
(Ord. CS 423 §1, 1990)
Proposed project areas which are the subject of delegation of powers from the Stanislaus County redevelopment agency and board of supervisors shall be individually delineated and described as required by law. Such locations shall be limited to those which are the subject of a memorandum of understanding between the county and the appropriate lead agency. Additional project areas may be added or formed from time to time subject to the terms of the agreement or amendment thereto between the county and the lead agency by resolution of the Stanislaus County redevelopment agency and the board of supervisors.
(Ord. CS 423 §1, 1990)
Binding cooperative agreements for the conduct of planning execution of redevelopment agencies shall be required between the county and the lead agency undertaking redevelopment activity on behalf of the county in unincorporated areas. Such agreements will have provisions for the monitoring of progress, sharing of revenues and liabilities of project execution.
(Ord. CS 423 §1, 1990)
Pursuant to the provisions of Section 33201, 33205 and 33210 of the Community Redevelopment Law, an entity to be known as the Stanislaus-Ceres redevelopment commission (the commission) is created. The commission is authorized to transact business and exercise its powers under the provisions of the Redevelopment Law and the memorandum of understanding and the cooperation agreement between the county and the City of Ceres.
(Ord. CS 423 §1, 1990)
Membership shall consist of seven members. Members shall consist of two members recommended for appointment by the Ceres city council from among their number, two members appointed by the county board of supervisors from among their number, and three other members to be appointed at large by the board of supervisors, including one recommended to the board of supervisors for appointment by the Ceres city council. Members of the board of supervisors or the city council shall be appointed by the board of supervisors for overlapping terms of four years or for periods which would be concurrent with the respective terms of the selected board of supervisors or city council members.
(Ord. CS 423 §1, 1990)
Pursuant to Sections 33210 and 33213 of the Redevelopment Law, the Stanislaus County redevelopment agency and board of supervisors hereby authorizes the city of Modesto and the Modesto redevelopment agency to undertake planning and redevelopment implementation activities in the unincorporated areas of the county within the sphere of influence of the city of Modesto in accordance with the provisions of Sections 2.06.050 and 2.06.060 of this chapter.
(Ord. CS 423 §1, 1990)
Pursuant to Health and Safety Code Sections 33210 and 33213, the Stanislaus County redevelopment agency and board of supervisors hereby authorizes the city of Ceres and the Ceres redevelopment agency to undertake planning and redevelopment implementation activities in the unincorporated areas of the county within the sphere of influence of the city of Ceres in accordance with the provisions of Sections 2.06.050 and 2.06.060 of this chapter.
(Ord. CS 793 §1, 2002)
Pursuant to Health and Safety Code Sections 33210 and 33213, the Stanislaus County board of supervisors authorizes the city of Riverbank and the Riverbank redevelopment agency to undertake planning and redevelopment implementation activities in the unincorporated areas of the county within the sphere of influence of the city of Riverbank in accordance with the provisions of Sections 2.06.050 and 2.06.060 of this chapter.
(Ord. CS 926 §1, 2005)
A.
The redevelopment plan for the Modesto redevelopment project, as previously amended by County Ordinance C.S. 580 on December 20, 1994, and by Modesto City Ordinance No. 2931-C.S., is hereby amended to eliminate the time limits on the establishing of loans, advances and indebtedness with respect to that portion of the project referred to as the added area located within the unincorporated area of the county, as set forth in the last paragraph of Section 502 of the redevelopment plan.
B.
In accordance with Section 33333.6 of the Health and Safety Code(e)(2)(C) , the time limit on the effectiveness of the redevelopment plan with respect to that portion of the added area, located within the unincorporated area of the county, as set forth in Section 800 of the redevelopment plan, and as previously amended by County Ordinance C.S. 580 and by Modesto City Ordinance No. 2931-C.S., currently scheduled to terminate on November 5, 2031, with respect to the added area, shall be extended by one year. Based upon such extension, the effectiveness of the redevelopment plan with respect to the added area shall terminate on November 5, 2032.
C.
In accordance with Section 33333.6 of the Health and Safety Code(e)(2)(C) , except for loans and indebtedness approved or incurred prior to December 31, 1993, the agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 from the added area after ten years from the termination of the effectiveness of the redevelopment plan. Based upon the termination date established in subsection B of this section, the agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after November 5, 2042, with respect to the added area; provided, however, that loans or other indebtedness approved or incurred by the agency prior to December 31, 1993, to finance the project, may be repaid in accordance with the terms relating to such indebtedness, and the agency may receive property tax increments after the dates establish above to repay such debt accordingly.
D.
The ordinance codified in this section amending the redevelopment plan is adopted pursuant to Health and Safety Code Section 33333.6. In addition to the specific limitations established and amended as provided in subsections A through C of this section, this section incorporates by reference those provisions of subsections (g) and (h) of Section 33333.6.
(Ord. CS 579 §1, 1994; Ord. CS 580 §1, 1994; Ord. CS 1019 §1, 2008)
A.
This board of supervisors of Stanislaus County authorized a survey area under Health and Safety Code Section 33310 for redevelopment purposes within which the project area of the proposed redevelopment plan of Stanislaus County redevelopment project No. 1 (the "proposed plan") is designated.
B.
The Stanislaus County redevelopment agency (the "agency") is designated as the official redevelopment agency within the county under the Community Redevelopment Law of the State of California (Health and Safety Code Sections 33000 et seq.) and has carried out all its plan adoption functions under that law.
C.
The proposed plan has been through several drafts and an extensive public participation program which complies with California State Law under Health and Safety Code Sections 33000, et seq.
D.
The planning commission of Stanislaus County (the "planning commission") has reviewed the proposed plan and recommended the approval and adoption of the proposed plan, together with its certification that the proposed plan conforms to the general plan of the county.
E.
The board received from the agency the proposed plan, as a part of the report of the agency on the proposed plan and the final environmental impact report ("EIR") relating thereto.
F.
The board and the agency held a joint public hearing on June 25, 1991, on the adoption of the proposed plan and certification of the final EIR on the proposed plan, in the Tuolumne River Room of the Modesto Centre Plaza at 1000 L Street, Modesto, California.
G.
A notice of the hearing was duly and regularly published in the Modesto Bee, a newspaper of general circulation in the county, once a week for four successive weeks prior to the date of the hearing, and a copy of the notice and affidavit of publication are on file with the clerk of the board and the agency.
H.
Copies of the notice of public hearing were mailed by certified mail with return receipt requested to the last known address of each assessee of each parcel of land in the project area, as shown on the last equalized roll of the county.
I.
The board of supervisors has considered the report and recommendations of the planning commission, the report of the fiscal review committee, the report to the board of supervisors, the proposed plan and the final EIR and 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 proposed plan.
(Ord. CS 440, 1991)
A.
Purpose of Plan. The purpose and intent of the board of supervisors with respect to the project area is to:
B.
Designation of Plan. The proposed plan as set forth in the "Proposed Redevelopment Plan of the Stanislaus County Redevelopment Project No. 1," attached to the ordinance codified in this section and incorporated by reference, is designated as the official redevelopment plan for the Stanislaus County redevelopment project No. 1 ("the plan").
C.
Findings. The board does specifically find and determine based upon the entire record of the redevelopment plan proceedings that:
1.
The project area is a blighted area and redevelopment is necessary to effectuate the public purposes of redevelopment law. This finding is based upon the preliminary report, the report on the survey area designation, the redevelopment plan and the report to the board pursuant to Health and Safety Code Section 33352.
2.
The proposed plan will enable the project area to be redeveloped 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 proposed plan will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the project area and will further the objectives of the redevelopment plan by facilitating development of the project area.
3.
The adoption and carrying out of the proposed plan is economically sound and feasible. This finding is based upon the preliminary report, redevelopment plan and the report to the board pursuant to Health and Safety Code Section 33352.
a.
Activities of the redevelopment plan shall terminate on or before June 25, 2031, forty years from June 25, 1991, the date of the adoption of the redevelopment plan.
b.
Repaying of indebtedness with the proceeds of tax increment shall not extend beyond June 25, 2041, fifty years from June 25, 1991, the date of the adoption of the redevelopment plan.
4.
The proposed plan conforms to the general plan of the county. This finding is based upon the finding of the planning commission of the county that the proposed plan conforms to the general plan for the county.
5.
The carrying out of the proposed plan will promote the public peace, health, safety and welfare of the county and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based upon the fact that redevelopment pursuant to the proposed plan 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.
6.
The condemnation of real property as provided in the redevelopment plan is necessary for execution of the plan, and adequate provisions have been made for payment for property to be acquired as provided by law. This finding is based upon the preliminary report and the redevelopment plan.
7.
The agency has developed a feasible method or plan for the relocation of families and persons who may be displaced from the project areas. This finding is based upon the relocation plan, neighborhood impact report and preliminary report prepared for the redevelopment plan.
8.
The agency and the board of supervisors have deleted from the redevelopment agency the power of eminent domain over residential property and, therefore, no involuntary displacement or relocation of residents by the agency is anticipated.
9.
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 allocated taxes for the area without other substantial justification for their inclusion. This finding is based upon the preliminary report and the redevelopment plan.
10.
The inclusions 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 area of which they are a part. Any area included is necessary for effective redevelopment and not included for the purpose of obtaining the allocation of tax increment revenues from the area without other substantial justification for its inclusion. This finding is based upon the report to the board, the redevelopment plan, and the preliminary report.
11.
The elimination of blight and the redevelopment of the project area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the agency. This finding is based upon the preliminary report, the redevelopment plan and the report to the board.
12.
The effect of tax increment financing to carry out the proposed plan will not cause a severe financial burden or detriment on any taxing agency deriving revenues from the project area. This finding is based on the response to the fiscal review committee report and the fact that:
a.
Tax increment revenue allocated to the agency is a relatively small percentage of each affected taxing agency's total property tax revenue;
b.
Without the proposed plan the redevelopment of the project cannot occur as planned and the increasing property taxes from the project area will not occur; and
c.
The agency will make payments to affected taxing agencies which are necessary and appropriate to alleviate any financial burden or detriment that may be caused to such taxing agencies by the proposed plan.
13.
This board of supervisors is satisfied that permanent housing facilities will be available within three years from the time occupants of the project area should be displaced, if indeed there is any displacement of such occupants, pending the development of the facilities, and there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement.
D.
Written Findings. Written objections to the proposed plan filed with the clerk of the board of supervisors before or at the hour set for hearing and all oral objections presented to the board at the hearing have been considered. The board has reviewed the responses to the written objections and said objections are hereby overruled based on the adoption of written findings pursuant to Health and Safety Code Section 33363.
E.
Declaration of Intent. In order to implement and facilitate the effectuation of the plan hereby approved, it may be necessary for the board to take certain actions, and accordingly, this board hereby (a) pledges its cooperation in helping to carry out the plan, (b) requests the various officials, department, boards and agencies of the county 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 pursuant to the plan, (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the plan, and (d) declares its intention to undertake and complete any proceedings necessary to be carried out by the county under the provisions of the plan.
F.
Certified Copy. The clerk of the board of supervisors is directed to send a certified copy of the ordinance codified in this section to the agency, whereupon the agency is vested with the responsibility for carrying out the plan.
G.
Notice of Approval. The clerk of the board of supervisors is directed to record with the county recorder of Stanislaus County a notice of the approval and adoption of the plan pursuant to this section containing a statement that proceedings for redevelopment of the project area pursuant to the plan have been instituted under the California Community Redevelopment Law.
H.
Mitigation Measures. The mitigation measures contained in Exhibit A of Board Resolution No. 91-933 adopted on July 2, 1991, making findings and adopting a statement of overriding considerations after consideration of the final EIR on the plan are adopted and incorporated as a part of the plan.
I.
Effective Date. The ordinance codified in this section shall be in full force and effect thirty days after its passage.
J.
Publication. The clerk of the board of supervisors is hereby ordered and directed to certify the passage and adoption of the ordinance codified in this section and to cause the same to be published in the Modesto Bee, a newspaper of general circulation, published and circulated in the county.
K.
Severability. If any part of the ordinance codified in this section, or the plan which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining ordinance or of the remaining plan, and this board declares that it would have passed the remainder of the ordinance codified in this section or approved the remainder of the plan if such invalid portion thereof had been deleted.
(Ord. CS 440, 1991; Ord. CS 562 §1, 1994)