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HomeMy WebLinkAbout15 AMEND SO. CENTRAL 11-01-99 NO. 15 11-01-99 DATE: NOVEMBER 1, 1,999 Inter-Corn TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1223 - 1999 AMENDMENT, SOUTH CENTRAL REDEVELOPMENT PLAN SUMMARY: Proposed Ordinance No. 1223, adopting the 1999 Amendment to the Redevelopment Plan for the South Central Redevelopment Project area, will re-establish the Tustin Community Redevelopment Agency's eminent domain authority for twelve years. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1223 (roll call vote). BACKGROUND: The following Ordinance No. 1223 was introduced at the October 18, 1999 City Council meeting: ORDINANCE NO. 1223 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA, CITY OF TUSTIN, CALIFORNIA, A TRUE AND CORRECT COPY OF WHICH IS INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "1" Valerie Crabill Chief Deputy City Clerk I:MEMOORD ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH CENTRAL REDEVELOPMENT PROJECT AREA, CITY OF TUSTIN, CALIFORNIA, A TRUE .AND CORRECT COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "I"AND IS INCORPORATED HEREIN BY REFERENCE WHEREAS, this Council heretofore has acknowledged that the Tustin Community Redevelopment Agency,'City of Tustin, California ("Redevelopment Agency" hereinafter), has initiated proceedings for the adoption of the 1999 Amendment to the Redevelopment Plan for the South Central Redevelopment Project Area ("1999 Amendment" hereinafter). The Redevelopment Agency consented to hold a joint public heating with this Council in regard to the 1999 Amendment in accordanCe with Health and Safety Code Section 33458 and directed the Executive Director and Secretary of the Redevelopment Agency to cause the notices of that joint public heating required by law to be given upon this Council.consenting to and setting the day, hour and place for that heating; and WHEREAS, this Council consented to hold a joint public heating with the Redevelopment Agency in regard to the 1999 Amendment, at which heating any and all persons having any objections to the 1999 Amendment, or the regularity of any prior proceedings, would be allowed to appear before this Council and show cause why the 1999 Amendment should not be adopted. The joint public heating was held at 7:00 p.m. on October 4, 1999 in the Council Chambers, 300 Centennial Way, Tustin, California; and WHEREAS, notice of the joint public heating has been given by publication and by mailing as required by Health and Safety Code Sections 33350 and 33452. Said notices all were timelY published and mailed; and WHEREAS, a copy of the 1999 Amendment is attached hereto, marked Exhibit 'T' and incorporated herein by reference. The boundaries of the South Central Redevelopment Project Area ("Project Area" hereinafter), which boundaries are not proposed to be modified by the 1999 Amendment, are described on Exhibits "A" and "B" attached thereto; and WHEREAS, the joint public heating referred to above was duly concluded prior to the first reading of this ordinance and, WHEREAS, this Council has considered all written objections and oral objections received on the 1999 Amendment and the'written responses prepared pursuant to Section 33363 of the Health and Safety Code describing the disposition of the issues raised in the written and oral objections; and WHEREAS, all legal prerequisiteS to the passage of this ordinance have occurred. Ordinance No. 1223 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. All facts set forth above are hereby found to be true and correct. SECTION 2. The South/Central Redevelopment Plan (the "Plan" hereinafter), as amended by the 1999 Amendment, would develop the Project Area in conformity with Health. and Safety Code, Division 24, Part 1, and in the interests of the public peace, health, safety, and welfare. SECTION 3. The adoption and carrying out of the Plan, as amended by the 1999 Amendment, is economically sound and feasible. SECTION 4. The Plan, as amended by the 1999 Amendment, conforms to the General Plan of the City of Tustin. SECTION 5. The carrying out of the Plan, as amended by the 1999 Amendment, would promote the public peace, health, safety, and welfare of the City of Tustin and would effectuate the purposes and policy of Health and Safety Code, Division 24, Part 1. SECTION 6. The condemnation, if any, of real property as provided for in the 1999 Amendment is necessary to the execution of the plan 'and adequate provisions have been made for payment for property to be acquired and provided by law. SECTION 7. The Redevelopment Agency has a feasible method and plan for the relocation of families and persons displaced from the Project Area if the Plan, as amended by the 1999 Amendment, should result in the temporary or permanent displacement of any occupants of housing facilities in the Project Area. SECTION 8. There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons, if any, displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment. SECTION 9. This Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area, if any, are displaced and that pending the development of the facilities there will be available to the displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Tustin at the time of their displacement. SECTION 10. The purpose and intent of this Council with respect to the 1999 Amendment is to protect and promote the sound redevelopment of the Project Area and the general welfare of the inhabitants of the City of Tustin by providing a method of property acquisition through the potential use of eminent domain in order for the Agency to be able to attract private redevelopment interest by insuring its ability to deliver property for that purpose. Ordinance No. 1223 Page 3 SECTION 11. The effect of tax increment financing as used to implement the plan, as amended by the 1999 Amendment, will not cause a significant financial burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 12. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to California Health and Safety Code Sections 33411 and 33411.1. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to California Health and Safety Code Sections 33334.5, 33413, and 33413.5. SECTION 13. The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. SECTION 14. This Council hereby approves and adopts the 1999 Amendment, attached hereto as Exhibit 'T' and incorporated herein by reference, and designates the previously amended redevelopment plan for the South Central Redevelopment Project Area, as again amended hereby, as the official Redevelopment Plan for the South Central Redevelopment Project Area. .. SECTION 15. This Council hereby authorizes and provides for the City of Tustin's expenditure of money provided for in the Plan as amended by the 1999 Amendment. SECTION 16. This Council hereby declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Tustin under the provisions of the Plan, as amended by the 1999 Amendment. SECTION 17. The City Clerk of the City of Tustin ("City Clerk", hereinafter) shall cause a copy of this ordinance to be transmitted to the Redevelopment Agency. SECTION 18. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed, approved and adopted this 1st day of November, 1999. TRACY WILLS WORLEY, Mayor ATTEST: PAMELA STOKER City Clerk 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 Ana, California 92705 (714) 541-4585 F:W. sgXTustinksoeentamendX,redamend, doc TABLE OF CONTENTS Section Page Introduction ................................................................................................................................. 1 Amendment No. 1 ....................................................................................................................... 2 Exhibits. Exhibit A - Map of the South/Central Area Redevelopment Project Exhibit B - Legal Description for the South/Central Area Redevelopment Project F:h~,sg\Tustin~ocentamen d~redamenc[ doc 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE SOUTH/CENT~ 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. seq., ("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 authorit~ 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 Exhibit A. F:W. sg\Tustin~socentam~ndkreclamend, 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 enactca witF2n 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 by amendment of the Plan. ^*'+~ ................................ ~ .......... ~,~,~t Area. 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 right 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:'u~g\Tustin~$o~entamend~redamend.do~ 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 a~eement 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. seq.), 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:~sg\Tustin",soccntamcnd~'cdamcnd. doc EXHIBIT A MAP OF THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT F:~Rsg\Tustin~socentamend~redamend. doc 'iI . SOUTH CENTRAL REDEVELOPIdENT PLAN PROJECT'AREA MAP dj EXHIBIT B LEGAL DESCRIPTION FOR THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT F:XRsg~TustinXsocentamend~redamcnd.doc EXHIBIT B LEGAL DESCRIPTION FOR T~IE 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, Page 445 of Official Records, Orange County; 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-MYFORD ANNEXATION 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 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 Surveyor of orange County; EXHIBIT B Page 2 LEGAL DESCRIPTION FOR THE CENTRAL REDEVELOPMENT 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'S7'46" West 1S0.00 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 feet to 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. 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 ahd is contiguous with the existing City of Tustin Redevelopment boundaries.