Loading...
HomeMy WebLinkAboutRDA MINUTES 1999 10 04 MINUTES REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY CITY OF TUSTIN, CALIFORNIA OCTOBER 4, 1999 CALL TO ORDER The meeting was called to order by Chair Worley at 7:20 p.m. at the Council Chamber, 300 Centennial Way, Tustin, California. ROLL CALL Members Present: Tracy Wills Worley, Chair Jeffery M. Thomas, Chair Pro Tern Mike Doyle Jim Potts Thomas R. Saltarelli Members Absent: None Recording Secretary: Pamela Stoker Others Present: William A. Huston, Executive Director Christine Shingleton, Asst. Executive Director Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Community Development Steve Foster, Chief of Police Tim Serlet, Director of Public Works Pat Sanchez, Director of Parks and Recreation Services Dana Kasdan, Engineering Services Manager Jim Draughon, Senior Project Manager Joe Meyers, Senior Management Analyst Valetie Crabill, Chief Deputy City Clerk Justina Willkom, Associate Planner Approximately 90 in the audience PUBLIC HEARING ( ITEM 1 ) 1. ACTIONS RELATING TO JOINT PUBLIC HEARING IN CONNECTION WITH THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL AREA REDEVELOPMENT PROJECT Mayor Worley stated this was a joint session of the City Council and the Redevelopment Agency of the City of Tustin, the members of the City Council also sat as members of the Redevelopment Agency; and she was the Mayor of the City Council and the Chair of the Redevelopment Agency. She stated the purpose of this session was to hold a public hearing to take public testimony and comments on the 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. She noted that because at least one written objection to the 1999 Amendment had been received, action on the 1999 Amendment would be deferred until October 18, 1999, when the E;ity Council and Redevelopment Agency would first consider the written objections and the Agency staff's written responses to written objections prior to taking action on the Ordinance adopting the 1999 Amendment. At 7:20 p.m., Mayor Worley called to order the joint session of the Redevelopment Agency and the City Council of the City of Tustin. The City Clerk recalled the roll of the City Council and called the roll of the Redevelopment Agency. All members of the City Council and Redevelopment Agency were present. Mayor Worley stated that, prior to opening the public hearing, the Redevelopment Agency was requested to approve the transmittal of the proposed 1999 Amendment and the "Report to City Council" to the City Council. It was moved by Chair Pro Tem Thomas, seconded by Agencymember Saltarelli, to approve the transmittal of the Redevelopment Agency documents to the City Council. Minutes - Redevelopment Agency October 4, 1999 - Page I Motion carried 5-0. Mayor Worley opened the joint public hearing at 7:23 p.m.; stated, as the Mayor, it was her responsibility to preside over the joint public hearing; and announced the purpose of the hearing was to consider: (:1) the proposed' 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project; (:2) the Report to the City Council on the proposed 1999 Amendment, and (:3) all evidence and testimony for and against 'the adoption of proposed 1999 Amendment. She stated notice of the joint public hearing had been mailed and published as required by law; emphasized that tonight's 1999 Amendment discussion was only to re-establish the Agency's authority for eminent domain and did not propose to change any boundaries or other actions for the South Central Redevelopment Project Area; copies of the tape recordings and minutes of the meeting would be available from the City Clerk; persons making statements and giving testimony would be subject to questions through the Chair; all persons desiring to speak in favor or opposition to the proposed 1999 Amendment would be given an opportunity to do so; and she read the Order of Procedures for conducting the public hearing. Christine Shingleton, Assistant City Manager, reported that the proposed 1999 Amendment would facilitate the continued mitigation of substandard conditions in the South Central Redevelopment Project area; the completion of redevelopment' implementation activities in the area; and the achievement of the goals, objectives and programs identified in the Redevelopment Agency's Five Year Implementation Plan. She noted that in accordance with Redevelopment Law, a public hearing was required; because written objections had been received, action beyond the public hearing would be deferred until October 18, 1999; writ'ten responses to the objections would be presented at that time; the City Council and Agency had received the proposed 1999 Amendment and Report to the City Council; the Amendment reflected the proposed revision to the existing Plan; the Report addressed reasons for the 1999 Amendment and provided other information in accordance with Redevelopment Law; prior to the October 18th meeting, the Council and Agency would receive the Negative Declaration completed for the 1999 Amendment and the Ordinance adopting the 1999 Amendment; and there was no fiscal impact, at this time, related to the proposed 1999 Amendment. Jim Draughon, Senior Redevelopment Project Manager, reported that the joint public hearing was for the proposed 1999 Amendment to the South Central Redevelopment Plan as required under State Redevelopment Law to re-establish eminent domain authority in the Project Area; stated public notices were mailed and published; eminent domain was authorized for 12-year periods and re-established through the plan amendment process; eminent domain authority was previously provided to the Agency with the adoption of the South Central Redevelopment Plan in 1983 and adoption of the Second Amendment in 1985; and the Agency's eminent domain authority had recently expired. He stated that the authority would provide the Agency flexibility, including the ability to extend certain tax advantages in its negotiations with property owners in the Project Area; was necessary to complete the redevelopment and revitalization activities in the Project Area; and described Agency activities in the Project area, residential rehabilitation grant and loan programs, and projects funded by the Agency. Mr. Draughon stated the City Council had initiated the process for amending the South Central Redevelopment Plan on April 5, 1999 with adoption of the Procedure for Formation and Election of the Project Area Committee (:PAC); he outlined the PAC's purpose, election process, and membership requirements; stated the current PAC was elected on June 2, 1999, and would serve 3 year terms; the PAC held two public meetings to review the proposed 1999 Amendment and documents related to the Redevelopment Plan; and a third PAC public information meeting was held to disseminate information, respond to questions and hear public comments regarding the proposed 1999 Amendment. He described the primary concerns expressed by the public at the information meeting and staff's response to those concerns; noted that at the conclusion of the information meeting, the PAC voted to recommend to the City Council adoption of the 1999 Amendment by a 6 to 3 vote; stated the Redevelopment Agency's past use of eminent domain was limited to two cases and Minutes - Redevelopment Agency October 4, 1999 - Page 2 described those projects; and emphasized that eminent domain was only a last resort option available to the Agency that required both lengthy proceedings and substantial findings by the City Council in order to approve proceeding with an eminent domain action. Mr. Draughon reported that the proposed 1999 Amendment included the following text change: "In the event that eminent domain proceedings shall become necessary, they must be commenced no later than twelve years from the effective date of the ordinance adopting the 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. Such limitation may only be extended by amendment of the Plan."; and the foregoing text change was the only action under the proposed 1999 Amendment. Kathleen Rosenow, representing Rosenow Spevacek Group, stated that the Report to the City Council was a requirement of law; the Report contained references to 1983 and 1985 documentation because most of those findings remained pertinent; the most significant new information in the Report was the summary of Project Area Committee proceedings and minutes; and with City Council receipt of the Report, the necessary legal process had been concluded. Lois Jeffrey, City Attorney, read the ten (10) major evidentiary findings of the proposed ordinance adopting the 1999 Amendment to the South Central Redevelopment Plan. Mayor Worley requested written comments on the 1999 Amendment be submitted for the record. The City Clerk read written comments from the following: Dr. Robert Chick-16811 Baruna Lane, Huntington Beach Andrew Fesler - Palmieri, Tyler, Wiener, Wilhelm & Waldron Law Offices ""'" The following member of the audience spoke in favor of the 1999 Amendment: ' Carl Thielmann, 15732 Pacific Street, Tustin The following members of the audience spoke in opposition to the 1999 Amendment: Dean Karels, 17191 Corla, Tustin John Landolfi, 15611 Myrtle Avenue, Tustin Steve Moore, 1001 E. Edinger, Tustin Todd Nielsen, 15822 Pasadena Avenue, Tustin Tim Manahan, 1032 Andrews Street, Tustin Speaker Karels/staff/Council discussion followed regarding the Agency not currently having eminent domain authority in the South Central Redevelopment Project Area; formation, proceedings and purpose of the Project Area Committee; the City Council would make the final decision regarding adoption of the 1999 Amendment on October 18, 1999; the City had eminent domain authority for twelve years and this joint session was to re-establish that authority; past mishandling of redevelopment funds by other cities; the Project Area Committee's lack of eminent domain authority; the City Council and Redevelopment Agency were separate entities; and a 4/5ths vote of the .... City Council was required to condemn property. Christine Shingleton, Assistant City Manager, in response to speaker Moore's statement that blighted conditions did not exist in the South Central Project Area, stated there was substantial documentation in the Report to the City Council, including photographs, that indicated continuing blighted conditions in the Project Area. The following member of the audience spoke regarding property at 14731 Newport Avenue and reflected a neutral position on the 1999 Amendment: Steve Perry, 1100 Irvine Blvd., Tustin Minutes - Redevelopment Agency October 4, 1999 - Page 3 Lois Jeffrey, City Attorney, clarified that Mr. Perry had received a notice of intent to appraise from the City related to the proposed widening of Newport Avenue, and those negotiations were unrelated to the 1999 Amendment. Mayor Worley stated because written objections had been presented on the proposed 1999 Amendment, the City Council would review and provide responses to each objection and give reasons for not accepting an objection; written responses to written objections from affected property owners or taxing agencies would be provided at continuation of this joint session of the City Council and Redevelopment Agency on October 18, 1999; and on October 18th, the Agency and City Council would proceed to consider certification of the Negative Declaration for the 1999 Amendment and introduction of an ordinance adopting the 1999 Amendment to the Redevelopment Plan. Mayor Worley closed the joint public hearing at 8:17 p.m., the joint session of the City Council and Redevelopment Agency was adjourned, and the Redevelopment Agency meeting was reconvened. REGULAR BUSINESS (ITEMS 2 THROUGH 3 ) 2. APPROVAL OF MINUTES - SEPTEMBER 20, 1999 REGULAR MEETING It was moved by Saltarelli, seconded by Doyle, to approve the Redevelopment Agency - Minutes of September 20, 1999. Motion carried 5-0. 3. APPROVAL OF DEMANDS It was moved by Saltarelli, seconded by Doyle, to approve Demands in the amount of $25,126.33. Motion carried 5-0. ' OTHER BUSINESS-None CLOSED SESSION - None ADJOURNMENT - Chair Worley adjourned the meeting at 8:20 p.m. The next regular meeting of the Redevelopment Agency was scheduled for Monday, October 18, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. TR~~RLEY, CHAiR~~ PAMELA STOKER, RECOR~DING SECRE RY TA Minutes - Redevelopment Agency October 4, 1999 - Page 4