HomeMy WebLinkAboutRDA 02 SO. CENT REDEV 03-06-00~,i)A 2
03-06-00
DATE:
MARCH 6, 2000
lnter-Com
TO'
FROM'
SUBJECT:
WILLIAM A. HuSTON, EXECUTIVE DIRECTOR
REDEVELOPMENT STAFF
THE SECOND FIVE-YEAR IMPLEMENTATION PLAN FOR THE TOWN
CENTER AND SOUTH CENTRAL REDEVELOPMENT PROJECT AREAS FOR
FISCAL YEARS 2000-2001 TO 2004-2005.
SUMMARY: Agency approval is requested of Second Five-Year Implementation Plan for the
Town Center and South Central Redevelopment Project Areas for fiscal years 2000-2001 to
2004-2005.
RECOMMENDATION
It is recommended the Agency adopt Resolution No. RDA 00-3 approving the proposed Second
Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project
Areas for fiscal years 2000-2001 to 2004-2005.
FISCAL IMPACT.
This action will have no fiscal impact on the Redevelopment Agency. State Law requires the
Agency to adopt a five (5) year Implementation Plan outlining, in general terms, its intentions for
the coming five years. This Plan does not appropriate Agency funds, nor does it require the
Agency to appropriate Agency funds in the future.
DISCUSSION
On February 7, 2000 the Agency held a public hearing for the proposed Second Implementation
Plan as required by state Law. Prior to the Public hearing, Agency staff received written
comments from the Public Law Center (PLC) for which staff recommended the preparation of a
response prior to the Agency taking action on the proposed Implementation Plan. No other
public comments were received at the public hearing and the Agency continued action on the
item until staff could prepare its response to the comments received from the PLC. Staff's letter
response to the PLC comments is attached for the Agency's review.
Section 33490 of The California Redevelopment Law (CRL) requires each redevelopment
agency to adopt an Implementation Plan every five years. The Tustin Community
Redevelopment Agency adopted its first Implementation Plan for fiscal years 1995-1996 to
1999-2000 on December 4, 1994 (RDA Resolution No. 94-16).' A mid-term review and public
hearing on an Implementation Plan is also required which was held in 1998.
As was noted in the February 7, 2000 staff report, the Implementation Plan is intended to
identify programs, projects and expenditures the Agency proposes to undertake in both Town
Center and the South Central Redevelopment Project Areas the during the next five-year
period. In reviewing the Implementation Plan, the Agency should note the following:
William A. Huston
March 6, 2000
Page 2
,
,
,
o
o
The purpose of the Implementation Plan is to provide basic information about the
Agency's intentions over the coming five years. It is not intended to take the place of the
Agency's ability to establish its priorities and direct staff accordingly.
By its nature, redevelopment is opportunistic and must remain fluid in order to respond
to the marketplace. The Implementation Plan does not limit the Agency from developing
additional or alternative programs or projects in the future.
If the Agency wishes to alter the Implementation Plan in the future, it may do so easily.
The State has not included any penalties in the CRL if the Agency does not meet
expectations of the implementation Plan.
The Implementation Plan includes more projects and programs than the Agency expects
to be able to fund. If the Agency cannot afford all of the activities and programs outlined
in the Plan, there is no penalty. However, Staff feels it is important to list all possible
projects and programs, particularly in light of the history of the State to take from local
agencies money the State feels is unencumbered.
Staff will be available at the Agency meeting to answer any questions the Agency may have.
Christine Shingleton. /'/
Assistant City ManageN'
~ameis~raughon ,//~/
Senior Project Manger
Attachment
Community Redevelopment Agency
February 22, 2000
Catherine A. Rodman
Public Law Center
600 Civic Center Drive West
Santa Aaa, CA 92701-4002
Ci
Administration
Development
Housing
MCAS-Tustin
ty of Tustin
300 Centennial Way
Tustin, CA 92780
714.573.3107
714.573.3121
714.573.3128
714.573.3116
714.573.3124
FAX 714.573.3113
RE: Tustin Community Redevelopment Agency Draft Implementation Plan (2000-2005)
Dear Ms. Rodman:
On February 7, 2000 the Tustin Community. Redevelopment Agency held a public heating as duly noticed
for its draft Second Implementation Plan. Based on the receipt of your letter dated February 7, 2000 prior
to the public hearing, the Agency took public testimony and closed the public hearing but continued the
item to the March 6, 2000 meeting so that staff could review your comments and prepare an appropriate
response.
Our responses to your comments are as follows:
1. Aeere~ation of Housing Production Requirements
The staff report reference to aggregating the affordable housing production requirements was erroneous
and will be deleted in that aggregation is unnecessary. Since the Town Center Project Area is comprised
largely of commercial properties with a relatively small component of properties or sites that are zoned
for residential uses, there is limited potential for housing construction and very few potential substantial
rehabilitation projects in the Town Center Project Area. Therefore, affordable housing production
requirements during the next five years and through the expiration of the Town Center Redevelopment
Plan is likely to be very minimal. Moreover, the current inventory of affordable units actually produced
in excess of the low and moderate income production required which may be applied toward meeting the
Agency's requirements during the next ten years, will offset future, if any, affordable housing production
requirements in the Town Center Project Area.
2. Proportionality
You state that the Agency misinterprets and misapplies the proportionality requirement by calculating the
percentage that each income category bears to the region's future growth. Our attorneys have reviewed
the requirements and advise us that the application of the SCAG RHNA for the City of Tustin is
appropriate. The City's fair share allocation is based on an assessment of existing and future needs for
the City and most accurately reflects the proportion of housing units needed for very low, low and
moderate income persons and households within the community. The proposed policy reflects the
allocation of housing funds in proportion to the units needed for very low (35%), low (25%) and moderate
(40%) income in the community. In fact, application of Section 33334.4 adjusted to reflect a reduction of
the number of units being provided by other government programs, would indicate the following
allocation: 28.3% for very low; 27.6% for low; and 44.1% for moderate income housing.
Ms. Catherine Rodman
Public Law Center
February 22, 2000
Page 2
3. Rer)lacement Housing
Appendix B provides a detailed calculation of the Agency's replacement housing obligations based on
dwelling units housing persons and families of low or moderate income destroyed or removed from the
low and moderate income housing market as part of a redevelopment project which was subject to a
written agreement with the Agency. The vacant and uninhabitable 'Cosmopolitan Apartments (Shea
Homes/Tustin Grove) were not destroyed or removed fi.om the housing market by the Agency. In fact,
the units were not a part of the low and moderate income housing market for a period over five years prior
to their demolition or any Agency actions on the site. Based on the above and a legal opinion provided to
the Agency, the subsequent agreement with Shea Homes for the development of the Tustin Grove project
was not subject to the replacement housing obligations under Section 33413 (a) of.the CRL.
4. Inclusionarv Obligations
To clarify, the Tustin Community Redevelopment Agency has not nor does it plan to in the future
develop low and moderate income units itself- thus the calculations properly reflect the 15% (6% and
9%) affordable housing production requirements per Section 33213 Co)(2) of the CRL. Appendix A
provides a summary of the calculations and the supporting detail tables for housing production are being
added to the draft Implementation Plan for additional documentation. Appendix A identifies how the
Agency's obligations have been met prior to 1995, to 2000, and estimated to 2005. While the current
Section 33413 provision may or may not be extended beyond January 1, 2001, for planning purposes for
the years 2000 to2005, it is reasonable for the agency to assume that provisions similar to Section 33413
may be extended in the CRL as indicated by AB 1855' (Lowenthal). At such time as the legislators take
action on the Section 33413 provision, the Agency may amend its implementation plan to reflect such
changes. This assumption is being added to the Draft Implementation Plan for clarification purposes.
5. H°usin~ Fund Programs
All proposed housing fund expenditures are in accordance with the CRL.
To clarify, the First Time Homebuyer program funding as reflected in Figure. 11I-2 is only used for
assisting affordable units under the Down Payment 2nd Mortgage Loans as reflected in Figure 111-4 and
the program does provide the level of affordability required by the CRL.
Applicable provisions of the CRL are identified in the draft Implementation Plan and the Agency
understands its obligations under the CRL and ensures compliance with such requirements over the
duration of all applicable restrictions and covenants. There is no need for additional discussion of the
CRL requirements in the Implementation Plan.
To further clarify, the Homeless Housing Partnership Program undertaken by the Agency to provide
transitior~al housing for very low income persons and families under the Support and Ancillary Services
Program is identified as being funded b.y non-local resources and is not funded by Housing Fund (see
Figures 111-2 and 111-3).
The draft Implementation Plan estimated administrative and. planning expenses are only applied against
eligible housing program activities and represent only approximately 13 percent of the total anticipated
Housing Fund expenditures.
Ms. Catherine Rodman
Public Law Center
February 22, 2000
Page 3
6. Public Comment
It is unfortunate that there appeared to be some confusion in your telephone message to the Senior Project
Manager, which indicated that you would contact him when you returned to the office on Friday, January
28, to make arrangement for pick up or delivery of the draft document. For this we apologize.
The proposed Second Implementati°n Plan is a reporting and planning document prepared to reflect to
past activities and accomplishments of the Agency and to identify anticipated projects, programs and
expenditures during the next five-year per/od. The proposed plan was prepared based on existing and/or
proposed policies of the Agency, and is subject to approval and/or revisions by the Agency. The Public
Law Center's comments in the February 7, 2000 letter and the Agency Staff's responses will be reviewed
by the Agency prior to its-action on the proposed Second Implementation Plan.
If you have any questions please contact me at (714) 573-3107, or Jim Draughon, Senior Project Manager
of my staffat (714) 573-3121.
Cordially,
Attachment
cc: Bill Huston, City Manager
Lois Jeffrey, City Attorney
RESOLUTION NO. RDA 00- 3
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING THE SECOND FIVE YEAR
IMPLEMENTATION PLAN FOR THE TOWN CENTER AND SOUTH CENTRAL
REDEVELOPMENT PROJECT AREAS.
WHEREAS, the City Council adopted the Town Center Redevelopment Plan on
November 22,1976 by Ordinance No. 701 and subsequently amended the Redevelopment
Plan on September 8,1981 by Ordinance No. 855, further amended the Redevelopment Plan
on March 20, 1989 by Ordinance No. 1021 and further amended the Redevelopment Plan on
November 21, 1994 by Ordinance No. 1141;
WHEREAS, the City Council adopted the South Central Redevelopment Plan on
August 1,1983 by Ordinance No. 890 and subsequently amended the Redevelopment Plan on
July 15, 1985 by Ordinance No. 939, and further amended the Redevelopment Plan on
November 21, 1994 by Ordinance No. 1142, and further amended the Redevelopment Plan on
November 1, 1999 by Ordinance No. 1223;
WHEREAS, the City by Resolution 93-111, and the Agency by Resolution RDA No.
93-15, on November 1., 1993, adopted a finding that the use of tax increment housing set-
aside funds allocated from the South Central Project Area and from the Town Center Project
Area for the purpose of increasing, improving and preserving the community's supply of Iow
and moderate income housing outside the Project Areas and within the City of Tustin will be of
benefit to both the South Central and Town Center Redevelopment Project Areas.
WHEREAS, Section 33490(a) (1) (A)of the Community Redevelopment Law requires
the Agency to adopt a Five (5) Year Implementation Plan, outlining specific programs,
including potential projects and expenditures proposed by the Agency to be made during the
next five (5) years;
WHEREAS, the Tustin Community Redevelopment Agency adopted Resolution RDA
No. 94-16 on December 5, 1994, approving the Implementation Plan for the Town Center and
South Central Project Areas for the fiscal years 1995-1996 to 1999-2000;
WHEREAS, a Second five (5) year Implementation Plan for the Town center and
South Central Redevelopment Project Areas for fiscal year 2000-2001 to 2004-2005 is now
required.
WHEREAS, Section 33490(a)(1)(B) the Community Redevelopment Law states that
the adoption of an Implementation Plan is not a "project" within the meaning of Section 21000
of the Public Resources Code and is not subject to environmental review.
WHEREAS, a public hearing was duly noticed, called and held by the Redevelopment
Agency on February 7, 2000;
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The Second Five (5) Year Implementation Plan for the Town Center and
South Central Redevelopment Project Areas for fiscal years 2000-2001 to 2004-2005 attached
hereto as Exhibit "A" is hereby approved.
Passed, approved and adopted this 6 th day of March , 2000.
Tracy Wills Worley
Redevelopment Chairperson
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
ILl
I--
Z
ILl
l--
Z
0
0
Z
Z
0 ~
Z
I,LI
I!1 UJ UJ LU UJ UJ III LU UJ
0 ~
D D D D D D D
E
~ o
'------' ou~'= ~ ~ o~ o~._~'~ ..... ~ ~ = ~ ~ =
..... ~ = ~ ~ ~ ~<~ ~
> ~ ~ ~ ~ ~ ~ o
~'-, = = ~ o ~ ~ ~'~ o ~ ~ =~o ~ ~ = ~ =
_ ~ o _ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~.-- ~
= ~__ > ~ ~ .--- ~ - -' x _ ~ ~ ~ = ~ =~
~ o > =~ ~
.~ ~ ~ ~ = ~-- = ~ ~ 0'~ ~ - ~ ~ o o ~
--'- ~ ~-- '~ ~ ~ ~ ~ ~ ~ ~ = ~ -- o.~--
~o~m
~ '~ ~ = .~ = -- ~_
~ ~ = _ ~ o~.~ ~ ~ o ~ ~ .- ~ ~ < ~ E ~ ~~ ~ E
~ ~ 0 ~ ~0
o ~ ~ '~ = = ~ = ~.~ ~ = o_ ~
~ ~ ~ = ~= ~ __= =°~=
~-- ~ ~ ~o ~o ~0 o ~o
~ ~ > = ~, = ~ ~ o ~ ~ -~-=0 ~ ~ ~ =
-- _. . _ ~ ~ ~ 0 ~
imm ~ ~ = ~o ~ ~ ~ = = = = ~ =-- -'~ = ~
--~ o ~ ~ '~o o ~ ~ -- ~ ~ = ~ ~ ~ = = o~
~ = uo ~ ~o ~ ~ ~
~ ~ ~ ~ o= ='~ ~ ~ ~ =
· · · ·
0 0
0
-- 0
--
.--
I--
Z
LU
LLI
-- o
o
LL'
Z
Z
Ill
ILl
Z
Z
I--
Z
o
-- 0
Q.- r..- ~ Q.) ~ .-- ._
'~ ~ _== _~ o _ ...,
8~ = I:"5
= ~'= 8.0 o' o==
~....., -r'-
.- ,-, '~ ~ o= '~ o~
...-, ~...-- (~ 0 ~'~
o ~.-'~ ~ eo
~",.q '= '~ :8 -o e '~ ._ ,- =
g8
I--
!.1.1
§g
0
-- 0
0
O'
--
._
g___
I....
0 ~-
o° ° ~"' o°:o
>-
0 0
I--
Z
LLI
Z
0
0
o
~ o
o
ILl
;I
0
-- 0
~J
-- 0
'--
~ -t-
O o
__ (/3
×-.~
Z
I--
Z
LLI
Z
0
-- C~
0
0
I,--
--
o--
0
0
0 x
0
-- 0
0
0
0
~ o'~
,4--,
0
>
x .--~
Z ~> 0 >
~ ~.~ _
· · · · ·
g___
g
~ 0
88
Itl
<~
o
-- 0
E
0
n~
0
:z:z
0
-- 0
~ o
Itl
i.1.113-
gg
E
i.i.!
o
~ o
~ o
Z
F: o
o~oo
c: o
o
-- o
o
o
--
._
E
0
-- 0
0
0
--
o--
"8 o .,::: .~o
°oo -~~>o=
o 0
0
'E 8 '~ 8 ~ ~ ~
~ ~ ~ ~ o ~ ~
~ N ·
o_~._~ sa~ --~
oO ~ ~ ~
o ~ ~
~. ~< o ~ o.~ ~ ~
0 0 0 ~ ~ ~
LLI
go°
E ~
0
0
0
.--
~ 0
0 ~
o ~o
0
0
o ~.~-
L~) 0
o--
0 X X
CZ)
-- 0
0
0
--
.--
0 ~0~-- m~- 0
88
0
-- 0
~ 0
0
o o
0 0
0 o
o o
o o
0
0 0
~ ~ ~ ~ E
Z Z Z Z Z
o
m
o
~ o
o
o
Z
0
0
0
0 ~-'
'0__0 0
o_o
.o '-~ o
EL .¢~ .__
o
-- 0
0
0
o
~ 0
;I
~ A
-0 ..
¢-
0'1:3
~--~oo
0
o oz
0
::3
I::: 0 -'¢::
_=_o8
0
~ 0
0
0
ttJ
0 ~
C7~ A
o
-- 0
o
o
I,..
--
.--
~o=~ ~
0 '""
0
~.. ,4--'
-
0 ~ ~
~ E ~--'~
0 a: '-'~ ~o
0 '~- 1.0
r,~ z
X
Z
o
0,4
Z
o
l:::: ~ '
0
C~
.It..
LLI
0
0
0
0
0 0
:D
C:) ~'
C) o~
o
o o
o
~ o
L
.__.
§g
Z
Z
I.U
Q=
Q=
::::3
~E