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HomeMy WebLinkAboutRDA 01 SO CENT DEV 10-04-99JATE: /-,GENDA October 4, 1999 TO' FROM' SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DI1LECTOR REDEVELOPMENT AGENCY STAFF ACTIONS 'RELATING TO JOINT PUBLIC HEARING IN CONNECTION WITH THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL AREA REDEVELOPMENT PROJECT. SUMMARY: Agency is requested to open and hold a joint public hearing of the City Council and Redevelopment Agency on the 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. The 1999 Amendment proposes to re-establish the Agency's eminent domain authority for twelve years. RECOMMENDATION It is recommended that the City Council and Redevelopment Agency: . 1. Transmit and receive the proposed 1999 Amendment and Report to City Council. 2. Open and hold the joint public hearing of the City Council and the Redevelopment Agency on the proposed 1999 Amendment to the Redevelopment Plan for the South Central Area Redevelopment Project. 3. Take public testimony. Close the joint public hearing; 5. Schedule action on the Ordinance adopting the 1999 Amendment to October 18, 1999 and instruct staff to prepare written responses to written objections received on the 1999 Amendment. . FISCAL IMPACT None at this time. BACKGROUND The City Council approved and adopted the Redevelopment Plan for the South central Redevelopment Project ("Redevelopment Plan") on August 1, 1983, by Ordinance No. 890. Thereafter, the Redevelopment Plan was amended on two occasions; the first amendment, adopted on July 15, 1985,. by Ordinance No. 439, added approximately 138 acres to the South Central Area Redevelopment Project. The second amendment, adopted on November 21, 1994, established certain time limitations required by .the passage of Assembly Bill 1290. The Redevelopment Plan, as adopted and amended, included eminent domain authority over all property in the South Central Area Redevelopment Project Area ("Project Area"). Under California Community Redevelopment Law, eminent domain authority may be granted for 12-year periods. The initial eminent domain authority within both the original Project Area and the area added by the first amendment expired recently. According to the William A. Huston, City Manager October 4, 1999 Page 2 requirements of the Redevelopment Law, the authority for eminent domain can only be re-established by amendment to the Redevelopment Plan. The. authority is needed within the Project Area to complete redevelop .rnent and revitalization activities. The Proposed 1999 Amendment would re-establish the Agency's eminent domain author/ty for an additional period of 12 years from the adoption of the ordinance. A draft of the proposed 1999 Amendment is included as EXHIBIT I. ~Report to Cit'5, Council Pursuant to California Redevelopment Law Section 33352, every redevelopment plan or amendment submitted to the City Council must be accompanied by a report on the proposed plan amendment. The purpose of this Report to City Council is to provide, in one document, all information, documentation and evidence regarding the project to assist the City Council in its consideration of the proposed amendment and in making various findings and determinations that are legally required to adopt the proposed amendment. This Report to City Council has been prepared in accordance with all the requirements of Sections 33352 and 33457.1 of the California Community Redevelopment Law and includes sections such as the reasons for amending the redevelopment plan, as well as a record of the Project Area Committee and environmental review processes. The Report to City Council is included as EXHIBIT II. The 1999 Amendment, if adOpted, will facilitate the continued mitigation of substandard conditions in South Central Redevelopment Project, 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. .. Christine A. Shinglet~fi'; Assistant City Manager' Attachments /~mes .~r'}u.ghon Senior Project Manager S:'4~I)AkllM~SOI. fTId CENTRAL PROJECT',I999 Arncndmnet Agency Tnmamitlal [o Council Staff P,~port. cloc EXHIBIT I 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT Prepared: May, 1999 Adopted: Ordinance No.: Prepared for: Redevelopment Agency of the City of Tustin 300 Centennial Way Tustin, California 92780 Prepared by: Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Aha, California 92705 (714) 541-4585 F:'~tsg'.T ust, in ~.~'ntamendxredarnend- doc TABLE OF CONTENTS Section Page Introduction ................................................................................................................................. 1 Amendment No. 1 ....................................................................................................................... 2 Exhibits Exh/bit A - Map of the South/Central Area Redevelopment Project Exh/bit B - Legal Description for the South/Central Area Redevelopment Project F:LR~g\T usumsocemamenc['~'edamend, doc 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT INTRODUCTION The City Council of the City of Tustin ("City Council") adopted the Redevelopment Plan for the South/Central Area Redevelopment Project ("Redevelopment Plan") pursuant to the California Community Redevelopment Law, Health and Safety Code Section 33000, et. se__¢.~., ("CRL") on August 1, 1983 by Ordinance No. 890. The Redevelopment Plan was subsequently amended on two occasions; the first amendment, adopted on July 15, 1985, by Ordinance No. 439, added approximately 138 acres to the South/Central Area Redevelopment Project. The second amendment adopted on November 21, 1994, established certain time limitations required by the 'passage of Assembly Bill 1290. The Redevelopment Plan, as adopted, and amended, included eminent domain authority over all property in the South/Central Area Redevelopment Project Area (',Project Area"). However, the initial eminent domain authority within both the original Project Area and the area added by the first amendment expired in 1983 and 1985, respectively. The power of eminent domain can only be re-established by amendment to the Redevelopment Plan. This authority is needed within the South/Central Area Redevelopment Project Area to complete redevelopment and revitaliZation activities in the Project Area. This 1999 Amendment to the Redevelopment Plan for the South/Central Area Redevelopment Project makes certain changes to the text of the Plan. More specifically, .the proposed 1999 Amendment would re-establish the Agency's eminent domain authority for a period not to exceed 12 years. The changes made by this 1999 Amendment are not to be construed to amend, modify, change, or affect in any way the text of the Redevelopment Plan as it applies to the territory within the original boundaries of the South/Central Area Redevelopment Project. The South/Central Area Redevelopment Project Area is comprised of three areas: the South Area, the Central Area, and the Amended Area. The South Area is generally located south of the 1-5 Freeway and is bounded by the Costa Mesa Freeway (55 Freeway) on the west, Newport Avenue on east and Edinger Avenue on the south. The Central Area is' generally located south of Main and Bryan Streets bounded by Newport Avenue on the west, C.C. Lambert School on the east and Bonita Street on the south. The Amended Area is bounded by Edinger Street, Red Hill Avenue, Valencia Avenue and the Costa Mesa Freeway (55 Freeway). The boundaries of the South/Central Area are shown as Exh/bit A. F:'d~g~T u~tin'~:n~endu'ectam~d-doc AMENDMENT NO. 1 That Section 405.1 ACquisition of Real Property of E. Section 405 Property Acquisition, of IV. Section 400 PROPOSED REDEVELOPMENT ACTIONS be revised to read as follows: Except as specifically exempted herein, the Agency may acquire but is not required to acquire, any real property located in the Project area, by any means authorize by law. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute the Plan, for the power of eminent domain to be employed by the Agency to acquire the real property in the Project area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. In the event that eminent domain proceedings shall become necessary, they must be commenced no 'later than cnacte~ witk2n twelve years from the effective date of the ordinance adopting the 1999 Amendment to the Redevelopment Plan or the South/Central Area Redevelopment Project. Such limitation may only be extended bv amendment of the Plan. of tke. If the Agency has adopted a redevelopment 'plan but has not commenced an eminent domain proceeding to acquire any particular parcel of property subject to eminent domain thereunder within three years after the date of adoption of the plan, the owner or owners of the entire fee at any time thereafter may offer in writing to sell the property to the Agency for its fair market value. If the Agency does not, within 18 months from the date of receipt of the original offer, acquire or institute eminent domain proceedings to acquire the property, the property owner or owners may file an action against the Agency in inverse condemnation to recover damages from the Agency for any interference with the possession and use of the real property resulting from the Plan, provided that this section shall not be construed as establishing or creating a presumption to any fight to damages or relief solely by reason of the failure of the Agency to acquire the property within the time set forth in this section. The Agency is authorized to acquire structures without acquiring the land upon which these structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use withOut the consent of the owner, unless: (1) such building-requires structural alteration, improvement, modernization or rehabilitation; (2) the site, or lot on Which the building is situated, requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the controls, limitations or restrictions and requirements of this Plan and the Design for Development and the owner fails or refuses to participate in this Plan by executing a participation agreement. F:~Rsg',Tustin~socentnmend~'r. damen& doc The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before the Project is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under a participation agreement. As part of the cost of acquisition of all property acquired in the Project area, the Agency shall compensate each displaced person and business, as provided in the California Relocation Assistance Law (Government Code, Section 7260, et. se__q.), the guidelines of the California Department of Housing and Community Development adopted and promulgated pursuant thereto, and the Agency's rules and regulations thereto. F: h~ag\T u~tin~aoc~mam~nd~redan~n d-doc EXHIBIT A MAP OF THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT F: ~g\Tu~tin~ocemamendu'e~tamenddoc · SOUTH CENTRAL REDEYELOPMENT PLAN PROJECT'AREA MAP EXHIBIT B LEGAL DESCRIPTION FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT EXHIBIT B LEGAL DESCRIPTION FOR THE SOUTH REDEVELOPMENT PROJECT CITY OF TUSTIN That portion of Lots 65 and 66 in Block 10 and Lots 33, 48, 49, 63 and 64, all in Block 11 of the Irvine Subdivision, as shown on a map recorded in Book 1, Page 88 of Miscellaneous Maps, records of Orange County, that portion of Stafford and Tustin Tract as shown on map recorded in Book 1, Pages 15 and 16 0fMiscellaneous Records of Los Angeles County, that portion of Tustin City as shown on a map recorded in Book 1 , Pages 52, 53 and 128 of Miscellaneous Records of Los Angeles County, that portion of Newport Avenue Tract as shown on a map recorded In Book 4 , Page 76 of Miscellaneous Maps, Records of Orange County, that portion of Ballards Addition as shown on a map recorded in Book 1, Page 48 of Miscellaneous Maps, Records of Orange County, that portion of Section 16, 17, 20 and 21 in Township 5 South, Range 9 West, San Bernardino Meridian, all being in the City of Tustin, County of Orange, State of California as followed. BEGINNING at the West corner of Lot 16 as shown on a map of Tract No. 4527 recorded in Book 163, Page 38 and 39 of Miscellaneous Maps, Records of Orange County, said point also being the Northerly corner of the land described in a deed to Tustin School District of Orange County, recorded October 22, 1968 in Book 8762, Page 508, in official Records of Orange County; Thence along the Westerly line of said land to Tustin School District of Orange County,. South 39*54'46" West 95.02 feet to the beginning of a curve concaved Northerly having a radius of 75.00 feet; thence Southwesterly along said curve though a central angle of 89-59'07"a distance of 117.79 feet; thence North 50*06'07", West 48.30 feet;thenCe South 39'55'51" West .310.00 feet to a point in the Northeasterly line of the land described in the deed to the Orange County Flood Control District recorded August 6, 1963 in Book 662, ~age 445 of Official Records, Orange C°unty; Thence Southeasterly along the Northeasterly line of said land to Orange County Flood Control District and its Southeasterly prolongation South 50*06'07" East 1600.18 feet to the most Westerly Northwest corner of Lot 204, as shown on a map of Tract No. 6647, recorded in Book 251, Pages 4 through 7, inclusive, Miscellaneous Maps, Records of Orange County, said point also being on the Southeasterly line of Redhill Avenue (110.00 feet wide) as shown on said map on Tract No. 6447; Thence along the Southeasterly line of said Redhill Avenue. and its Southwesterly prolongation, South 39*56'54" West 545.00 feet to a point in the Southeasterly prolongation of the Southwesterly line of Edinger Avenue (formerly Moulton Parkway) as described in a deed to the County of Orange, recorded September 7, 1960 in Book 5406, Page 473, in Official Records of Orange County; Thence .North 50*06'07" West along said Southwesterly line of Edinger Avenue and its prolongation,, 2730.77 feet to a point in the Northwest line of Newport Avenue (60.00 feet wide) as shown on a map entitled "PARCEL D, IRVINE-MYFORD ANNEXATION NO. 81 (AMENDED)" to the City of Tustin, as adopted by Ordinance No. 716 dated April 4, 1977 by the City Council of said City; Thence along the existing Ci~ of Tustin boundary Per said Parcel "D",IRVINE-MYFOP~ ANNEY~TION NO. 81 and the South Tustin Avenue Annexation No. 2 per Ordinance No. 146 adopted February 6, 1961, through the following courses: North 39*53'38" East 187.08 feet, North 0*24'28" East 64.27 feet,South 89*56'36" West 111.63 feet, North 50*06'22" West 43.06 feet, North 19'42'14" East 255.71 feet, North 39*53'38" East 50.00 feet, South ~0-16'22" East 36.70 feet to a point in the West line of Old Tustin venue as shown on a map entitled "Newport Freeway Right of Way Map, Road ,-ORA-55" per File No. 9638 in the Office of the County Surveyor of Orange County; EXHIBIT B Page 2 LEGAL DESCRIPTION FOR THE CENTRAL REDEVELOP~fENT PROJECT CITY OF TUSTIN That portion of the Irvine Subdivision in the City of Tustin, County of Orange, State of California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps, records of said County, described as follows: BEGINNING at a point in the existing boundary of the Town Center Area Redevelopment Project in the City of Tustin as approved by the Council of said' City per Ordinance No. 701, said point being the centerline intersection of Bryan Avenue (73.00 feet wide) and Main Street (80.00 feet wide) as established by Tract No. 5390, as per map recorded in Book 202, pages 8 and 9 inclusive, of Miscellaneous Maps, records of said County; Thence along said existing boundary through the following bearings and distances: South 89'59'11" West.1217.52 feet; South 39*57'46" West 359.69 feet; South 50-01'32" East-130.00 feet; South 39*57'46" West 150.00 feet; North 50'01'32" West'50.00 feet; South 39*57'46" West 680.00 feet; North 50'01'32" West 50.00 feet; South 39*57'46" West 250 feet; South 50'01'32" East 640.00 feet to an angle point in said existing boundary; said point lying in the Southeasterly line of Orange Street (50.00 feet wide) and being an angle point in the City of Tustin boundary as established by the High School Annexation per Resolution adopted by the Board of Supervisors of said County dated June 19, 1957; Thence leaving said existing Redevelopment boundary North 39*57'46" East 870.00 feet along said Southeasterly line of Orange Street to a point in the Southwesterly line of San Juan Street (60.00 feet wide); Thence along said Southwesterly line Of San Juan Street South 50'01'32" East 642.77 fe.z~' to a point'of intersection with the Southwesterly prolongation of the most Northweste~ line of Tract No. 8760, as per map recorded in Book 362,,pages 15 and 16 of Miscellaneo Maps, Records of said County; Thence along said Northwest line and its ~rolongation North 39*55'55" East 360.51 feet to the most Northerly Northwest corner of said Tract No. 8760; Thence along the Northeasterly boundary of said Tract *No. 8760 South 50'01'16" East 10.00 feet to the Southwesterly corner of Tract No. 4334 as per map recorded in Book 153, pages 13 to 15 Inclusive of Miscellaneous Maps, Records of said County; Thence along the Northwest line of said Tract No. 4334 North 39-55'55" East 688.52 feet to an angle point in the boundary of said tract; thence continuing along said boundary South 50'00'30" East 200.00 feet to an angle point in said boundary; thence continuing along said boundary North 39*55'55" East 303.00 feet to the most Easterly Northeast corner of said Tract No. 4334, said corner being a point in the centerline of Bryan Avenue (80.00 feet wide); Thence leaVing said tract along said centerline 'North 50-00'31" West 589.05 feet to the POINT OF BEGINNING. The above described land contains 45.490 acres more or less and is contiguous with the existing City of Tustin Redevelopment boundaries. F_XHIB1TII Proposed 1999 Amendment to the Redevelopment Plan for the South/Central Area Redevelopment Project Report to the City Council. Prepared for: Redevelol~ment Agency of the City of Tustin 300 Centennial Way Tustin, CA 92780 Rosenow Spevacek Group, Inc. 540 N. Golden Circle, Suite 305 Santa Ana, CA 92705 Phone 714.541.4585 Fax 714.836.1748 E-Mail: RSGINCCA@aol.com TABLE OF CONTENTS SECTION PAGE. INTRODUCTION SECTION A ........................................................................................................... 1 Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B ........................................................................................................... 2 A Description of the Physical and Economic Conditions Existing in the Areas Affected by the Proposed 1999 Amendment Including a List of Blighting Conditions and Maps Showing Where the Conditions Exist SECTION C ........................................................................................................... 3 A Five-Year Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures and a Description of How These Projects Will Improve or Alleviate Blighting Conditions SECTION D .............................................................................................. Why the Elimination of Blight and Redevelopment Cannot Be Accomplished by Private Enterprise Acting Alone or by the Legislative Body's Use of Financing Alternatives Other Than Tax Increment SECTION E ....................................................................................... : ............. The Method of Financing SECTION F The Relocation Plan SECTION G ....................................................................... Analysis of the Preliminary Plan . SECTION H ........................................................................................................... 5 Report and Recommendation of the Planning Commission (Not Applicable) SECTION I ............ i .............................................................................................. 5 Project Area Committee Requirement SECTION J ........................................................................................................... 6 General Plan Conformance PAGE SECTION , , SECTION K .. .......................................................................................................... 7 Environmental Documentation SECTION L ...................... ; .................................................................................... 7 Report of the County Fiscal Officer SECTION M ........................................................................................................... 7 Neighborhood Impact Report SECTION N ........................................................................................................... 8 Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Agency Consultation With Affected Taxing Agencies, and Responses to Affected Taxing Agencies' Concerns Regarding the 1999 Amendment APPENDIX 1 APPENDIX 2 APPENDIX 3 Map of the South/Central Area Redevelopment Project Project Area Photographs PAC Meeting Minutes INTRODUCTION The Redevelopment Agency of the City of Tustin ("Agency") is taking steps leading to the adoption of an amendment to the Redevelopment Plan for the South/Central Area Redevelopment Project ("1999 Amendment"). The Redevelopment Plan for the South Central Area Redevelopment Project ("Redevelopment Plan" or "Plan") was approved and adopted by the Tustin City Council on August 1, 1983, by Ordinance No. 890. The Redevelopment Plan was subsequently amended on two occasions; the first amendment, adopted on July 15, 1985, by Ordinance No. 439, added approximately 138 acres to the South/Central Area Redevelopment Prc;ject. The second amendment adopted on November 21, 1994, established certain time limitations required by the passage of Assembly Bill 1290. The Redevelopment Plan, as adopted, and amended, included eminent domain authority over all property in the Project Area. However, the initial eminent domain authority within both the original project area and the area added by the first amendment expired in 1995 and 1997, respectively. The power of eminent domain can only be re-established by amendment to the Redevelopment Plan. This authority is needed within the South/Central Area Redevelopment Project Area to assure that the Agency has the tools necessary to complete redevelopment and revitalization activities in the Project Area. The 1999 Amendment to the Redevelopment Plan for the South/Central Area Redevelopment Project makes certain changes to:the text of the Plan. The changes made by this 1999 Amendment are not to be construed to amend, modify, change, or affect in any way the text of the Plan, with the exception of Section 405.1, Acquisition of Real Property, located on page 24 of the Plan. If adopted, the 1999 Amendment would re-establish the Agency's authority to acquire property by eminent domain within the Project Area for a period of twelve years. The South/Central Area Redevelopment Project ("Project .Area") is comprised o.f three areas: the South Area, the Central Area, and the Amended Area. The South Area is generally located south of the 1-5 Freeway and is bounded by the Costa Mesa Freeway (55 Freeway) on the west, Newport Avenue on the east and Edinger Avenue on the south. The Central Area is generally located south of Main and Bryan Streets bounded by Newport Avenue on the west, C. C. Lambert School on the east and Bonita Street on the south. The Amended Area is bounded by Edinger Street, Red Hill Avenue, Valencia Avenue and the Costa Mesa Freeway (55 Freeway). A map of the South/Central Area Redevelopment Project has been attached as Appendix 1. This document is the Agency's RepOrt to the City Council ("Report") on the proposed 1999 Amendment and has been prepared pursuant to Section 33457.1 and 33352 of the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq., "Redevelopment Law"). Pursuant to Section 33352 of the.Redevelopment Law, the Agency is required to submit a Report containing specific documentation regarding the proposed 1999 Amendment. The purpose of th.is Report is to provide the information, documentation, and evidence required to support the adoption of the 1999 Amendment. This information, documentation, and evidence is provided to assist the City Council in its consideration of the proposed 1999 Amendment, and in making the various determinations in connection with its adoption. ,, r Rosenow Spevacek Group, Inc. October J 999 Redevelopment Agency of the CiO' of Tustin Report to the CiO, Council The p'roposed 1999 Amendment proposes only one change to'the Redevelopment Plan: .the re- establishment of the eminent domain provision within the Project Area. The proposed 1999 Amendment will not enlarge the Project Area. Section 33457.1 of the Redevelopment Law states that the reports and information required by Section 33352, to the extent, warranted by the proposed 1999 Amendment, shall be prepared and made available to the public prior to the hearing on the proposed 1999 Amendment. Much of the information required for the sections of this Report was previously documented in the "A Report of the Redevelopment Agency of the City of Tustin to the City Council for the South/Central Redevelopment Project," dated July 18, 1983 ("1983 Report") prepared for the adoption of the Redevelopment Plan. The required repons and information which were part of the documentation prepared in connection with the adoption of the Redevelopment Plan are not again docun~ented in th_is Report but, instead, reference is made to prior documentation which is incorporated herein. It is also important to note that Section 33368 of the Redevelopment Law states that the City Council's adoption of the ordinances adopting the Redevelopment Plan and all subsequent amendments are final and conclusive, and it is thereafter conclusively presumed that the Project Area is a blighted area as defined by Sections 33031 and 33032 of the Redevelopment Law and that all prior proceedings have been duly and regularly taken. The contents of this Report are presented in 14 sections which generally correspond to the subdivisions presented in Section 33352 of the Redevelopment Law. The sections are as follows: . SECTION A Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area SECTION B A Description of the Physical and Economic Conditions Existing in the Areas Affected by the 1999 Amendment Including a List of Blighting Conditions and Maps Showing Where the Conditions Exist SECTION C An Implementation Plan that Describes Specific Goals, Objectives, Projects, and Expenditures for the Next Five Years and a Description of How These projects Will Improve or Alleviate Blighting Conditions SECTION D Why the Elimination of Blight and Redevelopment Cannot. be Accomplished by Private Enterprise Acting Alone or by the Legislative Body's Use of Financing Alternatives Other Than Tax Increment SECTION E The Method of Financing SECTION F The Relocation Plan SECTION G SECTION H Analysis of the Preliminary Plan Report and Recommendation of the Plann/ng Commission SECTION I Project Area Committee Requirement Rosenow Spevacek Group, Ink October 1999 ii. Redevelopment Agency of the City of Tustin Report to the City Council SECTION J General Plan Conformance SECTION K SECTION L SECTION M SECTION N Environmental Documentation Report of the County Fiscal Officer Neighborhood Impact Report Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Agency Consultation with Affected Taxing Agencies and Responses to Affected Taxing Agencies' Concerns Regarding the 1999 Amendment Rosenow Spevacek Group, Inc. October 1999 ¸iii Re~'evelopment Agency of the CiO' of Tustin Report to the Cio' Council SECTION A Reasons for Amending the Redevelopment Plan and a Description of Specific Projects Proposed and How These Projects Will lmpr°ve or Alleviate Blighting Conditions Found in the Project Area The Agency seeks to amend the Plan for the' following reasons: Re-Establish the Agency's Power of Eminent Domain The 1999 Amendment will re-establish the Agency's ability to use eminent domain proceedings to acquire property within the Project Area for a period not to exceed twvelve years. With the re- establishment of the eminent domain provision, the Agency will have the ability to acquire property in the Project Area in the event that it becomes necessary and only after meeting all legal requirements. Eliminate Blighting Conditions The 1999 Amendment will provide, the powers needed to continue to eliminate and prevent the spread of blighting conditions-and tO conserve, rehabilitate, and redevelop the Project Area in accordance with the Redevelopment Plan and Five-Year Implementation Plan. In addition to completing the redevelopment and revitalization of the Project Area, the Agency will directly confront the physical and economic blighting conditions remaining in the Project Area. The negative effect of substandard structures can be removed. In addition, underutilized lots and buildings can be replaced or rehabilitated to provide more productive development. New businesses will create new jobs and increase economic activity in the area, as well as assist in constructing needed public improvements in the Project Area. Although the Agency may be able to facilitate blight removal and prevention without the use of eminent domain, in some instances the use of these extraordinary powers may be necessary. Agency powers are required to assemble multiple contiguous parcels under separate ownership for consolidation into larger parcels. This type of consolidatiOn is frequently needed to entice new development which meets the criteria for modem development. This type of land assemblage prOject is often undermined by a single property owner who refuses to participate in the process, which typically leads to the abandonment of a new development project and the continuation of blighting conditions. It is in the community's best interest that the Agency retain the ability to resolve these-situations through the judicious use of eminent domain powers. Without these powers, implementation of the Plan may never be achieved. . Rosenow Spevacek Group, Inc. October 1999 Redevelopment Agency of the CiO, of Tustin Report to the CiO, Council AlthOugh the Agency has assisted in a number of projects and implemented programs in the Project Area, blighting conditions continue to exist. The 1983 Report identified the reasons for the selection of the Project Area, which included deteriorating housing conditions, a lack of public improvements, under-utilization of the land, traffic and circulation deficiencies, and the need to stem blight. The amended Redevelopment Plan, adopted on July 15, 1985, cites the need for public improvements and a circulation system as the reason additional territory was added to the original area. On May 21, 1999, Rosenow. Spevacek Group, Inc. ("RSG"), the consultants preparing the 1999 Amendment for the Agency, conducted a windshield survey to identify the existing conditions within the Project Area. The conditions observed during this survey included: deteriorated and dilapidated buildings, and exposed and damaged wiring; factors which prevent or substantially hinder the economically viable use or capacity of buildings, including substandard design and outdoor storage; incompatible or impacted uses; a lack of parking; and business vacancies. Photographs depicting these conditions are contained in Appendix 2 of this Report. These photographs are representative samples of blighting conditions present in the Project Area.' This Report does not contain the information required by subdivision (a) of Section 33352 because the reasons for selection of the Project Area remain the same and are not affected by the proposed 1999 Amendment. In addition, no specific projects outside the scope of the Redevelopment Plan are proposed by the Agency in connection with the 1999 Amendment. SECTI,ON B A Description of the Physical and Economic Conditions Existing in the Project Area Affected by the Proposed 1999 Amendment Including a List of Blighting Conditions and Maps Showing Where the Conditions Exist Section 33352(b) of the Redevelopment Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This information was provided in the documentation which was prepared and provided as evidence that the Project Area was deemed blighted at the time of adoption. Pursuant to Section 33368 of the Redevelopment Law, the adoption of the ordinances adopting the Redevelopment Plan and subsequent amendments are final, and conclusive, and it is thereafter conclusively presumed that the Project Area is a blighted area as defined by Sections 33031 and 33032 of the Redevelopment Law and that all prior proceedings have been duly and regularly taken. Given the language in both Sections 33368 and 33457.1 of the Redevelopment Law, additional description is not appropriate or required due to the fact that the proposed 1999 Amendment will not change the boundaries of the South/Central Area Redevelopment Project. 'R~senow Spe~acek Group, Inc. October 1999 Redevelopment Agency of the City of Tustin Report to the City Council AS CTION C Fl~ive-Year Implementation Plan That Describes Specific Goals, Objectives, Projects, and Expenditures and a Description of How These Projects Will Improve or Alleviate Blighting Conditions The Agency adopted the Five-Year Implementation Plan for the Project Area in 1994, pursuant .to Section 33490 of the Redevelopment Law. The Implementation Plan contains specific goals and objectives of the Agency for the Project Area, the specific projects and expenditures proposed to be made during the five-year period, and an explanation of' how these goals, objectives, and expenditures will eliminate blight within the Project Area. The Agency has initiated the process to update the Implementation Plan prior to the end of the current five-year cycle. SECTION. D. Why the Elimination of Blight and Redevelopment Cannot Be AccomPliShed by Private Enterprise Acting Alone or by the Legislative Body's Use of Financing Alternatives Other Than Tax Increment SectiOn 33352(d) of the Redevelopment Law requires an explanation of why the elimination of blight in the Project Area cannot be accomplished, by private enterprise alone, or by the City Council's use of financing alternatives other than tax increment financing. This information was previously provided in. the supporting documentation prepared and provided at the time the .Project was adopted. The proposed 1999 Amendment will not make any changes which would effect the validity of the previously prepared documentation. Rosenow $~oevacek Group, Inc October ] 99~1 Redevelopment Agency of the City of Tustin Report to the Cio, Council SECTION E The Method of Financing Section 33352(e) of the Redevelopment 'Law requires inclusion of a proposed method of financing the redevelopment of the Project Area. This documentation was provided at the time the Project Area was adopted. Additionally, Ordinance No. 1142, adopted by the City Council on November 21, 1994, established certain financial and time limitations for the South/Central Area Redevelopment Project. Because, the 1999 Amendment will not enlarge the Project Area or change the proposed method of financing, this 1999 Amendment will not change any aspect of the financing of the Project Area, or change the analysis prepared at the time the Project was adopted. SECTION F The Relocation Plan Section 33352(f) of the Redevelopment Law requires the inclusion of a plan and method of relocation in the'Project Area. This information was provided in the supporting documentation prepared and provided at the time t-he.Project was adopted. This proposed 1999 Amendment will not enlarge the Project Area, or change the previously prepared and adopted Relocation Plan. SECTION G Analysis of the Preliminary Plan Section 33352(g) of the Redevelopment Law requires the inclusion of an analysis of the Preliminary Plan. This information was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the Redevelopment Law, and because the analysis of the preliminary Plan remains the same and is not affected by the proposed 1999 Amendment, additional analysis is not required. October 1999 Redevelopmen't Agency of the City of Tustin Report to the City Council SECTION H Report and Recommendation of the Planning Commission Section 33352(h) of the Redevelopment Law requires inclusion of a report and recommendation of the Planning Commission of the City of Tustin ("Planning Commission"). This information was provided in the supporting documentation which was prepared at the time the Project Area was adopted. Because the proposed 1999 Amendment will not affect the land use provisions of the Plan and it was previously determined that the Plan was in conformance with the adopted General Plan of the City of Tustin, it was not necessary to require the Planning Commission to make additional findings. SECTION i Project Area Committee Requirement Pursuant to Section 33385.3 of the Redevelopment Law, if a redevelopment agency wishes to pursue an amendment to a redevelopment'plan and a Project Area Committee ("PAC") does not exist, a redevelopment agency shall establish a PAC pursuant to Section 33385 of the Redevelopment Law, if the proposed amendment would do either of the following: · grant the authority to the agency to acquire, by eminent domain, property on which persons reside in a project area in which a substantial number of low- and/or moderate-income 'persons reside; or · add territory in which a substantial number of low- and moderate-income persons reside and grant the authority to the Agency to acquire by eminent domain property on which persons reside in the added territory. A PAC was originally formed in conjunction with the adoption of the Redevelopment Plan in 1983 and their report was contained in the 1983 Report to Council. However, the City was unable to locate any of these original PAC members. Therefore, it was determined that a new PAC should be formed in connection with the 1999 Amendment. A PAC serves as an advisory body during the redevelopment plan adoption process to provide input to the Agency on policy matters that affect the residents, property owners, businesses and community organizations of a proposed Project Area. Pursuant to Section 33385(c) of the CRL, a PAC is an elected body comprised of residential owuer occupants, residential tenants, business owners (including non-resident property owners), and existing community organizations within a project area. Each group must be adequately represented. The specific role of a PAC is to review the proposed 1999 Amendment and prepare a report and/or make a recommendation regarding the 1999 Amendment to the City Council. If a PAC opposes the adoption of the 1999 · Rosenow Spevacek Group, Inc. October 1999 RedeVelopment Agency of the City Of Tustin Report to the City Council Amendment, the City Council must adopt the Amendment by a two, thirds vote, rather than a simple majority. Pursuant to Section 33385 of the CRL, a notice regarding the formation of the PAC was mailed on April 19, 1999 to Project Area property and business owners, residential and business tenants, and community organizations. A PAC information meeting was held on May 20, 1999, at 6:00 p.m. at the Council Chambers located at City Hall with approximately 30 people attending to discuss the proposed 1999 Amendment, the PAC's role and responsibilities and PAC selection process. A PAC was elected pursuant to the "Procedure for Formation and Election of the Project Area Committee" (adopted on April 15, 1999 by City Council Resolution No. 99-27) at an election held on June 2, 1999 at the City Council Chambers at City Hall. Approximately 35 people attended the election and a total of eight PAC members were elected in the following categories: Residential Owner Occupant, Residential Tenant, Business Owner, and Community Organization Representative. A ninth PAC member was elected to fill the vacant seat in accordance with the adopted PAC procedures by the PAC at its first meeting on July 15, 1999. The PAC conducted two meetings to review the 1999 Amendment. In addition, a third meeting and public workshop was conducted to provide an additional public forum to discuss the Amendment with all interested property owners, residents, and business owners. The agendas and minutes from each PAC meeting are included in Appendix 3. At the conclusion of the PAC meeting of September' 23, 1999, the PAC members voted 6 ayes and 3 noes to support adoption of the 1979 Amendment. .SECTION J General Plan Conformance Section 33352(j) of the Redevelopment Law requires a report of General Plan conformance per SeCtion 65402 of the Government Code. Information which determined that the Redevelopment Plan was in conformance with the General Plan was provided in the documentation which was prepared at the time the Project Area was adopted. The Agency is not required to prepare this section due to the fact that the proposed 1999 Amendment does not contain provisions which would alter land use designations, nor does the proposed 1999 Amendment affect the land use provisions of the Plan. - Rosenow Spevacek Group, Inc. October 1999 Redevelopment Agent3' of the City of Tustin Report to the City Council SECTION K Environmental Documentation Section 33352(k) of the Redevelopment Law requires the inclusion of the report prepared pursuant to Section 21151 of the Public Resources Code. The Initial Study prepared in connection with the proposed 1999 Amendment, pursuant to California Environmental Quality Act ("CEQA") guidelines, revealed that because the proposed 1999 Amendment will only make textual changes to the Redevelopment Plan, and will not result in the construction of any facilities or the establishment of any programs outside the scope of the Redevelopment Plan, the 1999 Amendment will not have a si~m'fificant adverse impact on the environment and a Negative Declaration for the proposed 1999 Amendment was prepared. The City Council and Agency will consider certification of the Negative Declaration for the proposed 1999 Amendment at the meeting scheduled for October 18, 1999. SECTION L Report of the County Fiscal Officer The proposed 1999 Amendment will not enlarge the Project Area; therefore, it is not necessary for the Agency to request a base year report from the County of Orange ("County") pursuant to Redevelopment Law Section 33328. This information was-provided in the supporting documentation which was prepared and provided at the time the Project was adopted. Because the 1999 Amendment will not. alter the boundaries of the Project Area, this report is not needed or required. SECTION M Neighborhood Impact Report Section 33352(m) of the Redevelopment Law requires the inclusion of a Neighborhood Impact Report. This information was provided in the supporting documentation which was prepared and provided at the time the Project was adopted. Pursuant to Section 33457.1 of the Redevelopment Law, because this proposed 1999 Amendment will not enlarge the Project Area, no additional analysis would be appropriate or required. 'Rosenow Spevacek Group, Inc. October 1999 Redevelopment Agency of the City of Tustin Report to the City Council SECTION N Analysis of the Report Prepared by the County Fiscal Officer, a Summary of Agency Consultation .with Affected Taxing Agencies, and Response to Affected. Taxing Agencies' Concerns Regarding .the 1999 Amendment The Agency did not submit a request to the County to prepare a report pursuant to Section 33328 of the Redevelopment Law. Because the proposed 1999 Amendment will not add area to the South/Central Area Redevelopment Project, it was neither required nor' appropriate to prepare sUch a report; therefore, a summary of this report is not included. With regard to consultations with affected taxing agencies, the proposed 1999 Amendment will not affect the financing of the Project Area in any way, nor will it significantly change land uses or public improvement projects and, therefore, additional consultations are not needed. ~osenow Spevacek Group, Inc. October 1999 Redevelopment Agency of the City of Tustin Report to the CiO, Council APPENDICES APPENDIX 1 Map of the South/Central Area Redevelopment Project SOUTH CENTRAL REDEVELOPMENT PLAN PROJECT AREA MAP EXHIBIT B LEGAL DESCRIPTION FOR THE SOUTH REDEVELOPMENT PROJECT CITY OF TUSTIN That portion of Lots 65 and 66 in Block 10 and Lots 33, 48, 49, 63 and 64, all in Block !1 of the Irvine Subdivision, as shown on a map recorded in Book 1, Pag~ 88 of Miscellaneous Maps, records of Orange County, that portion of Stafford and Tustin Tract as shown on map recorded in Book 1, Pages 15 and 16 0fMiscellaneous Records of Los Angeles County, that portion of Tustin City as shown on a map recorded in Book 1., Pages 52, 53 and 128 of Miscellaneous Records of Los Angeles County, that portion of Newport Avenue Tract as shown on a map recorded In Book 4 , Page 76 of Miscellaneous Maps, Records .of Orange County, that portion of Ballards Addition as Shown on a map recorded in Book 1, Page 48 of Miscellaneous Maps, Records of Orange County, that portion of Section 16, 17, 20 and 21 in Township 5 South, Range 9 West, San Bernardino Meridian, all being in the City of Tustin, County of Orange, State of California as followed. BEGINNING at the West corner of Lot 16 as shown on a map of Tract No. 4527 recorded in Book 163', Page.38 and 39 of Miscellaneous Maps, Records of Orange County, said point also being the Northerly corner of the land described in a-deed to Tustin School District of Orange County, recorded October 22, 1968 in Book 8762, Page 508, in Official Records of Orange County; Thence along the Westerly line of said land to Tustin School District of Orange County, South 39'54'46" West 95.02 feet to the beginning of a cu~¢e concaved Northerly having a radius of 75.00 feet; thence Southwesterly along said cu~¢e though a central angle of 89'59'07"a distance of 117.79 feet; thence North 50*06'07", West 48.30 feet;thence South 39'55'5i" West .310.00 feet to a point in ~he Northeasterly line of the land described in the deed to the Orange County Flood Control District recorded August 6, 1963 in Book 662, Page 445 of Official Records, Orange County; Thence Southeasterly along the Northeasterly line of said land to Orange County F!ooa Control District and its Southeasterly prolongation South 50'06'07" East 1600.18 feet to the most Westerly Northwest corner of Lot 204, as shown on a map .of Tract No. 6647, recorded in Book 251, Pages 4 through 7, inclusive, Miscellaneous Maps, Records of Orange County, said point also being on the Southeasterly line of Redhill Avenue (110.00 feet wide) as shown on said map on Tract No. 6447; Thence along the Southeasterly line of said Redhil! Avenue and its Southwesterly prolongation, South 39'56'54" West 545.00 feet to a point in the Southeasterly prolongation of the Southwesterly line of Edinger Avenue (formerly Moulton Parkway) as described in a deed to the County of Orange, recorded September 7, 1960 in Book 5406, Page 473, in Official Records of Orange County; Thence North 50'06'07" West along said Southwesterly line of Edinger Avenue and its prolongation,, 2730.77 feet to a point in the Northwest line of Newport Avenue (60.00 feet wide) as shown on a map entitled "PARCEL Di IRVINE-MYFORD ANNEXATION NO. 81 (AMENDED)" to the City of Tustin, as adopted by Ordinance No. 716 dated April 4, 1977 by the City . Council of said City; Thence along the existing Ci~ of Tustin boundary per said Parcel "D",IRVINE-MYFORD A/krNEX~TION NO. 81 and the South Tustin Avenue Arnuexation No. 2 per Ordinance No. 146 adopted February 6, 1961, through the following courses: North 39*53'38" East 187.08 feet, North 0*24'28" East 64.27 feet,South 89*56'36" West 111.63 feet, North 50*06'22" West 43.06 feet, North 19'42'14" East 255171 feet, North 39'53'38" East 50.00 feet, South 50'16'22" East 36.70 feet to a point in the West line of Old Tustin Avenue as shown on a map entitled "Newport Freeway Right of Way Map, Road 7-0RA-55" per File No. 9638 in the Office of the County Su-~-veyor of Orange County; EXHIBIT B Page ~2 LEGAL DESCRIPTION FOR THE CENTRAL REDEVELOPI~ENT PROJECT CITY OF TUSTIN That portion of the Irvine Subdivision in the City of Tustin, County of Orange, State of california, as shown on a map recorded in Book 1, page 88 of Miscellaneous Maps, records of said County, described as follows: BEGIN-NING at a point in the existing boundary of the Town Center Area Redevelopment Project in the City of Tustin as approved by the Council of said City per Ordinance No. 701, said point being the centerline intersection of Bryan Avenue (73.00 feet wide) and Main Street (80.00 feet wide) as established by Tract No. 5390, as per map recorded in Book 202, pages 8 and 9 inclusive, of Miscellaneous Maps, records of said County; Thence along said existing boundary through the following bearings and distances: South 89-59'11" West.1217.52 feet; South 39'57'46" West 359.69 feet; South 50'0!'32" East 130.00 feet; South 39'57'46" West 150.00 feet; North 50'0i'32" West'50.00 feet; South 39-57'46" West 680.00 feet; North 50'01'32" West 50.00 feet; South 39*57'46" West 250 feet; South 50'0!'32" East 640.00 feet'to an angle point in said existing boundary; said point lying in the Southeasterly line of Orange Street (50.00 feet wide) and being an angle point in the City of Tustin boundary as established by the High School A~nexation per Resolution adopted by the Board of Supervisors of said County dated June 19, 1957; Thence leaving said existing Redevelopment boundary North 39'57'46" East 870.00 feet along said Southeasterly line of Orange Street to a point in the Southwesterly line Of san Juan street (60.00 feet wide); Thence along said Southwesterly t~ne of San Juan Street South 50-01'32" East 642.77 feet~' %o a point of intersection with the Southwesterly prolongation of the most Northwesterly line of Tract No. 8760, as per map recorded in Book 362,,pages 15 and 16 of Miscellaneous Maps, Records of said County; Thence along said Northwest line and its prolongation North 39-55'55" East 360.51 feet to the most Northerly Northwest corner of said Tract No. 8760; Thence along the Northeasterly boundary of said Tract *No. 876© South 50'0!'16" East !0.00 feet'to the Southwesterly corner of Tract No'. 4334 as per map recorded in Book !53, pages 13 to 15 Inclusive of Miscellaneous Maps, Records of said County; Thence along the Northwest line of said Tract No. 4334 North 39-55'55" East 688.52 feet to an angle point in the boundary of said tract; thence continuing along said boundary South 50'00'30" East 200.00 feet to an angle point in said boundary; thence continuing along said boundary North 39'55'55" East 303.00 feet to the most Easterly Northeast corner of said Tract No. 4334, said corner being a point in the centerline of Bryan Avenue (80.00 feet wide); Thence leaving said tract along said centerline 'North 50-00'3!" West 589.05 feet to the POINT OF BEGINNING. The above described land contains 45.490 acres more or less and is contiguous with the existing City of Tustin Redevelopment boundaries. APPENDIX 2 ]Project Area Photographs APPENDIX 2 Project Area Photographs Photograph 1- AP'N 500-152-09 Photograph 2: APN 500-1-52-09 Roseno.' Spevacek Group,/nc. Maj' 1999 Appendix 2-1 Redevelopment Agency of the Ci0' of Tustin Report to the CiO' Council APPENDIX 2 'Project Area Photographs Photograph 3' APN 500-152-11 Photograph 4: APN 402-372-39 Roseno,' Spe,.acek Group, Inc. 999 Appendix Rede,,eioj~ment Agenc)' of the Cio'of Tustin Report to the CiO' Council APPENDIX 2 Project Area Photographs Photograph 5' APN 500-171'1'7 photograph 6' APN 402-171-03 Rosenow Sptn,acek Group, Inc. May 1999 Appenc[ix 2-3 Redevelopment Agency of the Cio'of Tustin Report to the Cio, Council APPENDIX 2 Project Area Photographs PhotograPh 7' ... APN 402-172'08 Photograph 8: APN 402-3.33-06 Rosenow Spevace,~' Group, Inc. 1999 Appendix 2-4 Redevelopment Agency of the Cio'of Tustin Report to the Cio, Council APPENDIX z Project Area Photographs Photograph 9' Photo§raph lO: APN 430-253-14 Rosenow Spm'acek Group, Inc. 31a. r ] 999 Appendix 2-5 Redcn,elopment ,4gency of the CiO'of Tustin Report to the CiO, Council APPENDI^ 2 Project Area Photographs Photograph 11. APN 430-251-08 Photograph 12' APN 430-251-09 Rosenbw Spcvacek Group, inc. May ] 999 Appendix 2-6 Redtn,elOpmen! Agency of the Cio'of Tustin Report to the CiO· Council APPENDIX 2 Project Area Photographs Photograph 13' APN430-263-03 Photograph 14: APN 402-361-10 Rosenow Spevacek Group, Inc. May ]999 Appendix 2-7 Red~,elopment Agency of the CiO, of Tustin Report to .the CiO' Council APPENDIX 2 Project Area Photographs Photograph 3.5' APN 402-3.5'1-03 Rosenow Spe~,acek Group, Inc. ~ay 1999 Appendix 2-8 Redevelopment Agency of the Cio'of Tustin Report to the CiO' Council \ APPENDIX 3 PAC Meeting Agendas and Minutes Members Present: Regina Amthauer John Beringer, Jr. Todd Nelson Steven Moore Jim Palmer Ray Desselle Carl Thielman Omar Sandoval Jim Draughon Kathleen Rosenow TUSTIN SOUTH CENTRAL REDEVELOPMENT PROJECT PAC MEETING MINUTES of Thursday, July 15,1999 Residential Tenant Residential Tenant Business Owner Business Owner Community Organization-O.C. Rescue Mission Owner Resident Owner Resident Assistant City Attorney Senior Project Manager Rosenow Spevacek Group, Inc. 1. Jim Draughon calls to order. Introductions. 2. Jim Draughon reviewed purpose of Plan Amendment and .reasons for formation of PAC. 3. Kathleen Rosenow review of CRL requirements related to PAC -- Provide input on housing displacement/relocatio'- Make recommendations.. Documents to be reviewed - Proposed Amendment~xistir~ Redevelopment Plan/Ordinance 4. Election of Officers. Moved, seconded, and unanimously approved: Jim, Palmer, Chair; Regina Amthauer, Vice Chair. 5. City Attorney Presentation: Brown Act - Open public meetings. Limits on "serial meetings, "No discussions of meetings with majority in private; questions and clarifications to be directed to Omar Sandoval. Political Reform Act - (see attached outline) 6. Application for Vacant PAC seat. Jocelyn Smith - Unanimously approved 7. Time of next meetings to be changed to 5:00 p.m - Unanimously approved -August 12 -September 9, tentatively, if PAC deems it necessary in advance of Public Workshop. September 23 - Public Workshop. Prepare/provide a hand-out on Acquisition and Relocation Process Want to lmow the Agency has used its eminent domain author/ty previously- where'? 8. Adjourned TUSTIN SOUTH CENTRAL'REDEVELOPMENT PROJECT PAC MEETING MINUTES of Thursday, August 12,1999 Members Present: Jim Palmer, Chr. John Beringer, Jr. Todd Nielsen Ray Desselle Carl Thielman Jocelyn Smith Omar Sandoval Jim Draughon Jim Simon Community Organization-O.C. Rescue Mission Residential Tenant Business Owner Owner Resident Owner Resident Owner Resident Assistant City Attorney Senior Project Manager Rosenow Spevacek Group, Inc. 1. Call to order; Introductions. 2. Minutes of July 15, 1999 meeting - Unanimously approved as revised to show Carl Theilman in attendance. 3. Nomination for Vacant Residential Tenant PAC seat. Retha Roberts - Unanimously approved and seated. 4. City staffpresentation (City Attorney and Jim Draughon): a. Property Acquisition authority, process and legal requirements; b. Relocation authority, process and legal requirements; c. Pass use of eminent domain by the Tustin Community Redevelopment Agency. 5. Jim Draughon reviewed proposed 1999 Plan Amendment. Motion to recommend adoption of 1999 Amendment by Carl Thielman, seconded by Ray Desselle; Motion withdrawn after discussion regarding desire for all members to be present and for additional public comment. 7. PAC Discussion: Expanding public outreach to Hispanic community and means for accomplishing outreach. Decided that next PAC meeting would provide public notice in Spanish and that local resident (Alice Accosta) along with others will assist in distribution of notices, as well as publishing in Tustin Weekly or other suitable publication. Objective to provide for more public comment on the proposed 1999 Amendment. Decided to hold September 9 PAC meeting to allow more PAC discussion of the Amendment and to receive additional public comment prior to Public Information Meeting on SePtember 23. o Next meeting to provide entire per/od for discussion, public comment and consideration of the 1999 Amendment. 8. Public Comments - continuing reservations expressed regarding the Agency's acquisition and relocation process. Next meeting to be at 6:00 p.m., September 9, - Unanimously approved 10. Adjourned TUSTIN b .... _, I'H CENTRAL REDEVELOPML. .... PROJECT PAC MEETING MINUTES of Thursday, September 23~1999 Members Present: Jim Palmer, Chr. Regina Amthauer John Beringer, Jr. Retha Roberts Todd Nielsen Steven Moore Ray Desselle Carl Thielman Jocelyn Smith Omar Sandoval Jim' Draughon Kathy Rosenow Community Organization-O.C. Rescue Mission Residential Tenant Residential Tenant l~esidential Tenant Business Owner Business Owner Owner Resident Owner Resident Owner Resident Assistant City Attorney Senior Project Manager Rosenow Spevacek Group, Inc. Public in attendance approximately 120 persons. 1. Call to order; Introductions. 2.. Minutes of August 12, 1999 meeting - Unanimously approved. 3. ,Open Public Information Meeting Presentation by City staff (Jim Draughon). Overview of proposed 1999 Amendment and South Central Redevelopment activities. Overview of Amendment process including PAC election and representation and statutory requirements under State Redevelopment Law. · Re-establishing Eminent domain - need and past use in Tustin redevelopment projects. 4. Public Comments and questions Substantial sentiment opposing eminent domain in principal and questioning City staff as to what project plans are in hand that would necessitate the use of eminent domain. Concerns expressed regarding adequate advance noticing being provided to property owners and tenants when the use of eminent domain is contemplated. Primary question regarding why the Agency needs the authority' if the City of Tustin already has it independently and as to why the Agency seeks the have the authority in place before identifying a specific property or project need. Staff response that the only action under the proposed 1999 Amendment is the re-establishment of eminent domain authority as a valuable tool as the need may arise; if required to initiate the process to re-establish while in negotiations with property owner(s) the time delay and process could subject the City to potential legal liabilities. In addition, under negotiated acquisitions with property owners the favorable tax consideration could be eliminated, which would otherwise be available through an acquisition "under the threat of eminent domain". 5. PAC Discussion & Consideration Steve Moore indicated his opposition to the Amendment citing the lack of a need for redevelopment in his view and made a motion that the PAC adopt a resolution opposing the 1999 Plan Amendment Motion seconded by Todd Nielson indicating that in his conversations with his customers they were overwhelmingly opposed the re-establishing eminent domain. Motion tabled to open discussion to allow all PAC members to express the views; PAC Discussion Continued. · · Jocelyn Smith indicated her opposition to the Amendment citing her coh~.,,~ about the potential to be displaced from her residence. · John Beringer indicated that he supported the Amendment citing his view that eminent domain is a valuable tool needed by the Agency to ensure that the objectives of the Redevelopment Plan were achievable. o Carl Thielman indicated his support for the Amendment on the basis that eminent domain is a necessary tool for the Agency and that the City's judicious past use reflects how little fear there should be regarding its use. · Regina Amthauer indicated the she also supports the Amendment as a necessary and valuable tool. · Ray Desselle indicated his support based on the need for the public good being served and the positive aspects in his experience of redevelopment in the City of Tustin. · Retha Roberts indicated her support citing numerous positive redevelopment activities and her feeling that its judicious use results in a win-win situation for property owners and tenants alike. Steve Moore's motion placed to vote; failing 6 noes to 3 ayes. Carl Theilman made motion that the PAC recommend to Council the approval of the proposed 1999 Amendment; motion seconded by Ray Desselle. Motion to approve passed with 6 ayes to 3 noes; city staff to reflect the PAC recommendation in the Staff report to City Council for the joint public heating to be held on October 4, 1999. 6. Adjourned Next meeting to be convened at the will of the PAC.