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HomeMy WebLinkAboutCC RES 09-68RESOLUTION NO. 09-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 FOR RIGHT-OF-WAY ACQUISITION, DESIGN AND CONSTRUCTION OF TUSTIN RANCH ROAD EXTENSION PROJECT IMPROVEMENTS FROM VALENCIA AVENUE TO WALNUT AVENUE, INCLUDING RELATED RIGHT-OF- WAY AND IMPROVEMENTS IN THE VICINITY OF THE INTERSECTION OF TUSTIN RANCH ROAD AND WALNUT AVENUE The City Council of the City of Tustin finds as follows: A. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), the Community Redevelopment Agency of the City of Tustin (the "Agency") is carrying out the Redevelopment Plan (the "MCAS Tustin Redevelopment Plan") for the MCAS Tustin Redevelopment Project (the "MCAS Tustin Redevelopment Project"); and B. Section 33445 of the California Community Redevelopment Law provides that a redevelopment agency is authorized, with the consent of the legislative body, to pay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure, or other improvement which is publicly owned either within or without the project area if the legislative body determines that: 1) the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located, regardless of whether the improvement is within another project area, or in the case of a project area in which substantially all of the land is publicly owned that the improvement is of benefit to an adjacent project area of the Agency; and 2) no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community; and 3) the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project area,. and is consistent with the Implementation Plan adopted pursuant to Section 33490 of the Community Redevelopment Law; and C. The obligation of the Redevelopment Agency under the contract shall constitute an indebtedness of the Agency for the purpose of carrying out the redevelopment project for the project area, which indebtedness may be made payable out of taxes levied in the project area and allocated to the agency under subdivision (b) of Section 33670 or out of any other available funds; and, Resolution 09-68 Page 1 of 7 D. Work has been completed on certain roadways within the MCAS Tustin Redevelopment Project Area, including construction of Tustin Ranch Road from Barranca Parkway to Wamer Avenue; and E. Two remaining portions of Tustin Ranch Road that will connect existing completed portions of Tustin Ranch Road from Warner Avenue north to Walnut Avenue remain to be completed: 1) Segment 1- a segment from Warner Avenue to Valencia Avenue; and, 2) Segment 2-a segment from Valencia Avenue to Walnut Avenue. All needed right-of-way and street improvements within Segment 1 are all completely located within the MCAS Tustin Redevelopment Project Area. A portion of the needed right-of-way and street improvements within Segment 2 (the portion of Tustin Ranch Road from Valencia Avenue to the southerly right-of-way line of Edinger Avenue as determined as being 60 feet southwesterly of the Edinger Avenue centerline) is located within the MCAS Tustin Redevelopment Project Area. The remaining portions of needed right-of-way and street improvements (including portions of a bridge overcrossing of Edinger Avenue) are contiguous to and immediately north of the MCAS Tustin Project Area. F. Remaining portions of the design, right-of-way acquisition, and construction of Tustin Ranch Road from Valencia Avenue north to Walnut Avenue include a bridge overpass structure over Edinger Avenue, the Santa Ana-Santa Fe Channel, and the OCTA/SCRRA Railway, and completion of a new six-lane major arterial north to Walnut Avenue, including related improvements in the vicinity of Walnut Avenue (east and west of Tustin Ranch Road) and Tustin Ranch Road (between Walnut Avenue and I-5 interchange) (collectively, the "Street Improvements"); and G. The Street Improvements are all located within the City of Tustin boundaries outside of and contiguous to the MCAS Tustin Redevelopment Project Area (the "MCAS Redevelopment Project"); and H. The City has identified that certain additional real property is required for completion of the Street Improvements and will need to be acquired by the City ("Right- of-Way Property"); and I. The Street Improvements have been identified in environmental impact reports prepared for the MCAS Tustin Redevelopment Project and Tustin Legacy Project as necessary to provide primary arterial access to the MCAS Tustin Redevelopment Project and were identified as committed improvements in the Joint Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of the Tustin Marine Corps Air Station certified by the City of Tustin on January 16, 2001,and a Supplement to the FEIS/EIR for the Reuse and Disposal of MCAS Tustin Environmental Impact Report for the Extension of Tustin Ranch Road between Walnut Avenue and the Future Alignment of the Valencia North Loop was certified on December 6, 2004 and an Addendum to the FEIS/EIR was adopted on April 3, 2006 (collectively, the "Final Program EIR"); and Resolution 09-70 Page 2 of 7 J. Additional costs are now anticipated as a result of a reduced payment from the Irvine Company for the acquisition of Right-of-Way Property and design and construction of Street Improvements for Segment 2, increasing costs for the Project. K. Without securing additional financing for the Right-of-Way Property and Street Improvements, implementation of the MCAS Tustin Redevelopment Project, including, without limitation, the Tustin Legacy Project would be significantly negatively impacted in that the inability to construct these Street Improvements would result in delays and preclude the full implementation of the MCAS Tustin Redevelopment Project and the Tustin Legacy Project. II. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In accordance with section 33445(a)(1) of the Community Redevelopment Law, the City Council hereby finds and determines that the costs for acquisition of land, engineering design, permits, and the installation and construction of the Street Improvements will benefit the MCAS Tustin Redevelopment Project Area. The foregoing finding is based on the following facts: (a) The Right-of-Way Property and Street Improvements are necessary to support the Tustin Legacy Project which is located within the MCAS Tustin Redevelopment Project Area. (b) The Final Program EIR assumes the Right-of-Way Property and completion of the Street Improvements in order to provide improved traffic circulation within the project and mitigate unacceptable levels of service at key intersections. (c) Currently, the Tustin Legacy Project is a dilapidated neighborhood with blight that has been declared surplus former military property and has been partially redeveloped yet remains largely undeveloped since the site was vacated by the military. The Tustin Police Department reports that, in its present state, the MCAS Tustin Project attracts constant trespassers and vandals. (d) The Tustin Legacy Project will improve the MCAS Tustin Redevelopment Project Area by transforming this blight into a well-maintained master planned community which provides the following community benefits: elimination of blighting influences in the MCAS Tustin Redevelopment Project Area by placing vacant parcels of land into productive use; the assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the MCAS Tustin Redevelopment Project Area; the reuse and redevelopment of portions of the MCAS Tustin Redevelopment Project Area which are improperly utilized, the strengthening of the economic base of the MCAS Tustin Redevelopment Project Area by stimulating new investment and economic growth; the creation of job opportunities; the expansion and improvement of the community's supply of affordable housing, and the installation of new or replacement of existing public improvements, facilities and Resolution 09-68 Page 3 of 7 utilities in areas currently inadequately served with regard to such improvements, facilities and utilities. (e) The Right-of-Way Property and Street Improvements are required to provide primary access routes to the Tustin Legacy Project and to connections to regional transportation systems including the Interstate 5 via the existing interchange at Tustin Ranch Road and the I-5. (f) Construction of the Street Improvements will also benefit the MCAS Tustin Redevelopment Project Area by stimulating and encouraging the build-out of the Tustin Legacy Project and avoiding delays in full implementation of that project. Section 2. In accordance with section 33445(a)(1) of the Community Redevelopment Law, the City Council hereby finds and determines that acquisition of Right-of-Way Property and construction of the Street Improvements will benefit the immediate neighborhood of the MCAS Tustin Redevelopment Project Area. The foregoing finding is based upon the following facts: (a) A portion of the Street Improvements are located within the MCAS Tustin Redevelopment Project Area and a portion of the Street Improvements proposed outside of the boundaries of the MCAS Tustin Redevelopment Project Area are still located immediately adjacent and contiguous to the MCAS Tustin Redevelopment Project Area. (b) The Street Improvements will improve the carrying capacity of the public streets which serve as the primary access routes for both the MCAS Tustin Redevelopment Project Area and the areas adjacent to the project area, including connections to regional transportation systems, thereby assisting in transforming the MCAS Tustin Redevelopment Project Area from its current state of dilapidation into community assets. Section 3. In accordance with Section 33445(a)(2) of the Community Redevelopment Law, the Agency hereby finds and determines that there are no other reasonable means available to the community for financing the additional Right-of-Way Property acquisition costs and for the installation or construction of the Street Improvements to be paid for by the Agency. While common sources of financing Street Improvements include the Gas Tax, General Fund, Redevelopment Agency capital project fund, and State and Federal Highway Grants, these sources have are exhausted and not reasonably available to the community for financing the additional acquisition and construction costs. Specifically: (a) Gas Tax. Revenue in the gas tax fund has declined, resulting in insufficient gas tax funding for capital projects to allocate for the additional costs anticipated for the Right-of-Way Property and Street Improvements. Resolution 09-70 Page 4 of 7 (b) General Fund. The City has been unable to appropriate funds towards the Right-of-Way Property and Street Improvements. Increasing operating costs and more significantly declining revenues have reduced General Funds available for capital improvement projects. Specifically, increases in retirement and workers compensation costs and revenue losses due to current economic conditions and the State's confiscation of City generated revenues have prevented the general fund from funding the increased costs of the Street Improvements as a capital project funding source. (c) State and Federal Highway Grants. Historically, road projects in the City have received significant funding from State and Federal Highway Grants which are administered and allocated through the Orange County Transportation Agency (the "OCTA"). Economic conditions in the region and state have depleted the availability of this revenue source for the City this fiscal year and in subsequent fiscal years. Section 4. In accordance with Section 33445(a)(3) of the Community Redevelopment Law, the City Council hereby finds and determines that the payment of funds for the cost of land or the cost of installation and construction of the Street Improvements will assist in the elimination of one or more blighting conditions inside the MCAS Tustin Redevelopment Project Area. The foregoing finding is based on the following facts: (a) As set forth in the Community Redevelopment Law, the existence of buildings such as those that exist within the MCAS Tustin Redevelopment Project Area, in which it is unsafe or unhealthy for persons to live or work, are conditions that cause blight. (b) Large portions of the Tustin Legacy Project have been vacant since the land was vacated by the military. Dilapidated buildings located in the former base were designed primarily for military-specific aviation operations and these buildings do not have the appropriate capacity or utility for civilian reuse, nor would they be compatible or consistent with the current market uses identified in the Redevelopment Plan for the MCAS Tustin Redevelopment Project Area. (c) Structures in the Tustin Legacy Project are both unsafe and unhealthy as they lack many services such as basic plumbing and electricity and do not meet basic habitability standards. Infrastructure and utilities also represent a major constraint to the effective development of the Tustin Legacy Project, requiring significant new installations and replacements. (d) Both on-site and off-site transportation/circulation systems within the MCAS Tustin Redevelopment Project Area lack the additional capacity needed to serve uses proposed with the Tustin Legacy Project without major new street improvements to enhance capacity. (e) Development of the Tustin Legacy Project will replace the existing blighted conditions within the MCAS Tustin Redevelopment Project Area with a modern, safe and well-maintained master planned community. Acquisition of Right-of-Way Property Resolution 09-68 Page 5 of 7 and construction of the Street Improvements are necessary for the development of the Tustin Legacy Project. Section 5. In accordance with Section 33445(a)(3) of the Community Redevelopment Law, the City Council hereby finds and determines that payment of funds for the cost land for and the cost of construction and installation of the Street Improvements is consistent with the MCAS Tustin Redevelopment Plan and the Five-Year Implementation Plan adopted by the Agency for the MCAS Tustin Redevelopment Project Area pursuant to Section 33490 of the Community Redevelopment Law. The foregoing finding is based upon the following facts: (a) Attachment 3 of the MCAS Tustin Redevelopment Plan specifically identifies as an authorized use of Agency resources off-site transportation circulation mitigation which would add lanes, change lane movements, or enhance intersections to increase roadway capacity to reduce any impacts of development within the MCAS Tustin Redevelopment Project Area and to increase operational efficiency. This includes the acquisition of additional rights- of-way necessary for the off-site transportation/circulation improvements for the benefit of the Project Area. (b) The Agency's Second Five-Year Implementation Plan for MCAS Tustin, dated June 2008, (the "Implementation Plan") anticipated the design, construction., and acquisition of right-of-way associated with the Street Improvements occurring during the following five year period. The improvement and/or extension of existing roadway systems is specifically identified, including off-site roadway EIS/EIR traffic mitigations/dedications. The installation of such improvements is for the express purpose of aiding in the redevelopment of the MCAS Tustin Redevelopment Project, eliminating blight and providing the community benefits articulated above. Section 6. The City Council hereby approves and authorizes the Executive Director and his Assistant Executive Director to pay from Agency funds derived from the MCAS Tustin Redevelopment Project the cost of acquisition of land, design, or installation and construction of the Street Improvements, as defined herein (and including engineering design and legal costs), in the amount necessary and consistent with any appropriation amounts contained in the City's approved Capital Improvement Program. PASSED AND ADOPTED at a regular meeting c.~ the City Council of the City of Tustin on the 1st day of December, 2009. 'I vert, M ATTEST: Pamela Stoker, City Clerk Resolution 09-70 Page 6 of 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-68 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of December, 2009, by the following vote: COUNCILMEMBER AYES: Davert, Amante, Gevello, Nielsen, Palmer (5) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PA ELA STOKER City Clerk .' •:. ,° Resolution 09-68 Page 7 of 7