HomeMy WebLinkAboutOB 1 TWN CTR REDEV 03-06-89TO:
FROM:
SUBJECT:
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¥ILLIMI A. HUSTON, CITY RA#AGER
COI~NITY DEVELOPMENT DEPARTHE~
JOI#T CITY COUNCIL/REDEYELOPIqENT AGENCY SESSION - PROPOSED SECOND
AMENDIqENT TO THE NqENDED REDEYELOPlqENT PLAN FOR THE TO'dH CENTER
REDE'VELOPIqENT PROJECT AREA
RECOI~ENDATION
It t s recommended that the Clty Council ·
1. Adopt Resolution No. 89-26 overruling written and oral objectlons and
adopting written flndtngs in response to wrttten objections received and
overruling such written objections.
2. M.O. - That Ordinance No. 1021 have first reading by title only.
M.O. - That Ordinance No. 1021 be introduced.
BACKGROUND
The City Council and Redevelopment Agency held a joint public hearing on
February 21st to consider the proposed Second Amendment to the Amended
Redevelopment Plan for the Town Center Redevelopment Project Area. At that
meeting all written comments were entered into the record and the public hearing
was closed. As required by State law, Agency staff have responded in writing to
the written objections received from affected Project Area property owners and
taxing agencies.
Written responses to written objections are attached as Exhibit A to Resolution
No. 89-26 City Council consideration. Staff have also attached a Summary of
Questions and Responses to many oral concerns received regarding the Proposed
Amendment (Attachment I to staff report). Once written responses are officially
received and placed into the record, staff would recommend City Council approval
of Resolution No. 89-26 and introduction of Ordinance No. 1021 approving and
adopting the Second Amendment to the Amended Redevelopment Plan for the Tustin
Town Center Redevelopment Project Area.
Director of Community Development
Attachments' Resolution No. 89-26
Ordinance No. 1021
ATTACI'IMENT I
QUESTIONS AND RESPONSES
SECOND AiqEN[MENT TO NqENDED REDEVELOPIqENT PLAN FOR THE TOgN CENTER
REDEYELOPIqENT PRO,1ECT AREA
WHY ARE AMENI:gqENTS BEING PROPOSED?
~ i i
The Second Amendment proposes some 32 changes and addltions to the Town
Center Plan. The major purposes of the Amendments are as follows:
1. TO ADD CERTAIN PUBLIC ]]NPROVEMENTS AND FACILITIES TO THE LIST
CONTAINED WITHIN THE PLAN TO BE FUNDED IN WHOLE OR IN PART BY TAX
INCREMENT REVENUES. The existin9 Town Center Redevelopment Plan
contains a list of public improvement projects on which the Agency may
spend redevelopment funds. In the .thirteen years since adoption of
the original Plan, the Agency has extensively evaluated the Plan's
original objectives and the progress of the Agency's public
improvement program in the Town Center Area. Based on this
evaluation, there are several additional public improvement projects
which the Redevelopment Agency may wish to use redevelopment funds in
the future in order to implement and further attain its goals and
objectives. Some of these improvements include: the construction of
the Tustin Area Senior Center; street, traffic and water improvements;
expansion/renovation of the Civic Center; renovation of. an existing
school site for recreational programs; renovation of Peppertree Park;
and additional improvements to Columbus-Tustin Park. A complete list
of specific projects is provided in the proposed Amendment and Report
to City Council. These projects should be listed in the Plan if there
is any expectation that even a portion of funding will be by
redevelopment tax increment revenues. Actual expenditures of
Redevelopment Agency funds for any individual project including any
future financing for such programs would require separate
discretionary approval by the Agency.
2. INCREASE THE LIMIT ON THE PRINCIPAL AMOUNT OF BONDED INDEBTEDNESS THAT
CAN BE OUTSTANDING BY THE AGENCY AT ANY ONE TINE FROFt $20 MILLION TO
$35 #ILLION TO COVER ALL' EXISTING PROJECT DEBTS AS WELL AS ANY
ADDITIONAL BONDED INDEBTEDNESS THAT PlAY BE NECESSARY AS A RESULT OF
ADDITIONAL PROGRAMS PROPOSED. This is essentially like a credit
limit. At the present time, the Agency is near its limit and in order
to ensure adequate funding of those projects to be added to the Plan,
as well as other projects which may come along in the future, the
bonded indebtedness limit for the Town Center Redevelopment Project
Area needs to be raised. A full financial analysis of the necessity
for the proposed increase is provided in the Report to Council on the
proposed Amendment. If the limit is not increased, the Agency will be
severely hampered in its ability to contribute to certain public
improvements within the Town Center Redevelopment Project Area, as
existing bond debts would have to be paid off p~ior to. issuance of
more bonds. It is important to note that bonds are paid off with tax
Attachment !
Questions & Responses
Page two
Increment revenues from wtthtn the Town Center Redevelopment Plan Area
and are not an obligation on the residents of the City or on the
Cl~cy's General fund.
3. RESTATE THE TAX INCREMENT LIMIT IN THE PLAN OF $3 MILLION PER YEAR AS
$90 MILLION OVER THE LIFE OF THE PLAN. This does not affect the
Increase.tn the Bond debt 11mtt.
4. EXTEND AGENCY'S POgERS OF EMINENT DOI~AIN FOR 12 YEARS (THE MAXIMUM
PERMITTEO BY STATE LAW). The Agency's current eminent domain
authority expired in November 1988. Eminent domain has not been and
would not be used as a method for wholesale property acquisition, but
rather it would be used selectively when there are significant
obstacles to achieving the goals and objectives of the Agency in its
efforts to facilitate improvement within the project area. For those
property owners who are desirous of developing or selllng their
properties for private development, there would be significant tax
advantages lost if they were unable to obtain a "friendly" threat of
condemnation letter from the Agency.
5. REVISE AND UPDATE PORTIONS OF THE TONN CENTER REDEVELOPMENT PLAN'S
LANGUAGE OR TEXT TO BE CONSISTENT tJITH RECENT REVISIONS IN STATE LAtl
ANO TO CLARIFY THE ROLES OF THE AGENCY, PROPERTY OtINERS ANO BUSINESSES
IN THE REOEVELOPMENT PROCESS. The majority of these changes are of a
"housekeeping" nature.
gHAT IS TAX ZNCRI-~/NT.?
When a Redevelopment Project area ts adopted, the extstlng assessed value
of all property within the area ts "frozen" for accounting purposes and is
termed "base valuation". Any additional increases in assessed valuatlon
over the base year is termed "tax Increment". One percent of tht s annual
tax increment would be returned to the Redevelopment Project fund to be
used on improvements within the project area or to repay bonds to finance
improvements.
For example, tf property was assessed at $100,000 this year, the taxes paid
by the property owner'at the tax rate of one percent (1~) would be $1,000
pursuant to Proposition 13. If, as a result of resale (changes in
ownership) or new construction on the property, the property increases in
assessed valuation to $500,000, the taxes paid by the property owner at the
same tax rate would be $5,000. The difference between $1,000 and $5,000 or
$4,000 is called "Tax Increment" and it is these funds which become the
revenue of the Redevelopment Agency.
With the establlshment of a Redevelopment Project, 1~ of the annual
Attachment I
Questions & Responses
Page three
Incremental increases tn the assessed value of improvements within the
project area are returned to the Redevelopment Project Fund (not the City's
General Fund) to be used on improvements within the Project area. Without
a Redevelopment Project, the City would receive approximately tS~ of the
total tax revenue of 1%, the remaining portion would go to the County.
Basically, a Redevelopment Project brings back.revenue to the Ctty, to be
used wlthtn the City rather than dispersed throughout the County and to
other taxlng agencies.
WILL THE PROPOSEO AMENDMENT INCREASE YOUR TAXES OR IMPACT EXISTING PROPERTY
LoANs? .....................
The Amendment wi11 not increase taxes or lmpact existing property loans.
NHAT IS THE IMPACT OF THE AMENDMENT ON PROPERTY VALUES?
The Amendment ts not expected to negatively Impact property values or
affect a proper, ty owner's ability to sell their property. Tn fact, since
creation of the Town Center Redevelopment Project, property values have
escalated dramatically tn the Project Area.
HILL PROPERTIES BE AFFECTED BY PROPOSED AMENDMENTS?
I ii I i i
The Amendments, themselves, are not expected to directly affect private
property. No change In the boundaries or additional uses In the Town
Center Redevelopment Plan are proposed.
DOES THE AGENCY HAVE ANY CURRENT PLANS OR SCHEDULES TO ..... ACQUIRE, OR,., CONDEMN
PROPl~RTY? ....................
The Agency currently has no plans or specific schedules for condemnation
of property. In thirteen years, since tt was created, the Redevelopment
Agency has-never used condemnation to acquire fee tttle to property.
WHAT IS "FRIENDLY" CONDEMNATION?
"Friendly" condemnation ts a situation where a property owner wishes to
sell to the City or Agency or a.private party. If the property tn question
ls located In a Redevelopment Area, the Agency can provtde a letter for tax
purposes threatening condemnation, thereby, providing the property owner
with the ability to extend the 12 month capital gains relnvestment
requirement. Additionally, the assessed valuation of the property sold
Attachment T
Questions & Responses
Page four
can be transferred to a similar property in the County so the owner is not
penalized by being reassessed a new purchase price at the new location.
WHAT 1S A CERTXFXCATE OF CONFORMANCE?
To allay any concerns that a property owner may have as to whether they
might ever be threatened with condemnation, the proposed Amendment provides
a process where an owner may request the Agency to approve a Certificate of
Compliance on their property. Once a Certificate of Compliance is approved
and recorded on a specific property, the Agency would be restricted in
their ability to acquire or condemn the property.
Staff have undertaken a cursory review of developments within the Town
Center Project Area that residents have voiced concern about. Based on
this review, staff would recommend if requests from specific Homeowner's
Association are received, that Certificates of Conformance be issued for at
least the Palmwood Condominium Project, Packers Circle Village Homes and
the Prospect Park Condominium Project.
HAS AN ENVIRONMENTAL XHPACT REPORT (EIR) BEEN COMPLETED ON THE PROPOSED
A~IE NOME kiT S?
i ii
A comprehensive Final EIR on the proposed Amendments has been completed and
was certified by the City' Council and Redevelopment Agency on December 6,
1988.
WHAT RXGHTS DO BUSINESSES HAVE UNDER THE TOWN CENTER REDEVELOPlqENT PLAN?
i i i i ii ii I i i
The Redevelopment Agency at its meeting on February 6, 1989 adopted rules
governing participation and references by property owners and business
occupants in the Town Center Project Area. Pursuant to these rules,
business within the project area will be given participation opportunities
and preferences.
WHY XS THE TOWN CENTER PROJECT AREA CONSIDERED 'BLIGHTED?
i ii II
The Town Center Project Area was found .to be a blighted area in 1976 when
the Town Center Redevelopment Project was originally adopted, the continued
redevelopment is necessary to effectuate the public purposes declared
under California Community Redevelopment law.
Attachment !
Ouestlons & Responses
Page ftve
gHAT ZS 'THE IIETHO0 THE AGENCY ¥OULD UTZL]ZE 'TO CALCULATE OR ESTABL]SH THE VALUE
0~'"' PROPE Y~'~Y~P ..........................
iii i
The Agency currently has no speciftc plan or schedule to acqutre property.
However, 'tf tn the future a declston ts made to acquire certatn property,
the Agency must follow the procedures outlined In State law. Professional
independent appraisals wtll be made to determine the fatr market value of
property. The owner of a bustness may also be entitled to compensation for
loss of goodwill. For more Information, please consult "A Summary of
Acquisition and Relocation Procedures Tusttn Redevelopment Agency, 1988.".
RESOLUTION NO. 89-26
A RESOLUTION OF" THE CITY. COUNCIL OF THE CITY OF
TUSTIN OVERRULING' 'WRITTEN AND ORAL OBJECTIONS AND
ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN
OBJECTIONS RECEIVED FROM AFFECTED PROPERTY OWNER.S.AND
TAXING ENTITIES AND OVERRULING SUCH WRITTEN
OBJECTIONS TO THE PROPO.SED SECOND AMENDMENT TO THE
AMENDED REDEVELOPMENT PLAN FOR THE TUSTIN TOWN CENTER
AREA REDEVELOPMENT PROJECT
WHEREAS, a proposed Second Amendment to the Amended
Redevelopment Plan for the Tustin Redevelopment Project has been prepared by
the Tustin Community Redevelopment Agency; and
WHEREAS, on 'February 21, 1989, a duly noticed joint public hearing on
the proposed Second Amendment to the Amended Redevelopment Plan was
conducted by the City Council and the Tustin Community Redevelopment Agency;
and
WHEREAS., any and all persona having any objections to the proposed
Second Amendment to the Amended Redevelopment Plan, or [he regularity of the
proceedings, were given an opportunity to submit written, comments prior to the
commencement of or at the joint public hearing, or tO give oral testimony aL ithe
joint public hearing, and 'show cause why 'the proposed Second Amendment to the
Amended Redevelopment Plan should not be ado'pLed; and.
WHEREAS, the City Council has directed Agency staff to respond to
written objections received from affected property owners and taxing entities in
detail, giving reasons for not accepting specified objections and suggestions; and
the City Council has re~rie'wed such responses; and
WHEREAS, the City Council has l~eard and considered all evidence,
both written and oral, presented in support ahd in opposition to the adopt/on of
the Second Amendment to the Amended Redevelopment Plan for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin 'as follows:
1. The City Council finds that' all persons have had the
opportunity to be heard or to file written objec'Lion to 'the proposed Second
Amendment to the Amended Redevelopmen'£ Plan for the Town Center Area
Redevelopment Project and to the regularity of the proceedings with regpect to
the proposed Second Amendment and having heard and reviewed ~uch ora] and
written objections, the City Council hereby makes findings in response to each
written objection as set-forth in 'Exhibit "A" and incorporated herein by this
reference, and determines that there a~e compelling reasons to just/fy adoption of
the Second Amendment as proposed, not withstanding written and oral objec'Li.orm.
2. The City Council and the Tustin Commbnity Redevelopment
Agency have duly complied with ail the provisions, requirements and procedures
of the California Community Redevelopn_~ent' Law. (Health and Safety Code, Sec'tion
2340. tus/4
021689/bl
33000 .e....t...S..~...Cl....) relating to the .preparation and adoption of an amendment to the
Amended Redevelopment Plan for the Town Center Area Redevelopment Project.
The City Council, accordingly, overrules any and all objections to the
adoption of the Second Amendment to the Amended Redevelopment Plan for 'the
Town Center Area Redevelopment Project.
PASSED, APPROVED, and ADOPTED this
day of , 1989.
ATTEST:
URSULA KENNEDY, MAYOR
CITY OF TUSTIN
MARY WYNN, CITY CLERK
CITY OF TUSTIN
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF TUSTIN )
I, Mary Wynn, City C].erk of the City of Tu,~tin, California, hereby certify
that Resolution was adopted by 'the City of Tustin at a regular meeting'
held on the day of , ].989, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARY WYNN, CITY CLERK
CITY OF TUSTIN
[ATTACH WRITTEN OBJECTIONS AND WRITTEN RESPONSES TO THIS RESOLUTION]
EXHIBIT A
¥1U:TTE# RESPONSES TO #RITTEN
OBJECTIOHS RECEIVED OH THE
SECOHD AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN
FOR THE TOWN CEHTER REDEVELOPMENT PROJECT AREA
Resolution No. 89-26
BACKGROUND
Section 33363 of the California Health and Safety Code provides that prior to adopting a
redevelopment project, the City Council must make written findings in response to
Written objections of affected property owners or taxing entities received on the Plan.'
The City Council must also respond in writing to the written objections received
describing the disposition of the issues raised and addressing the objections in detail,
giving reasons for not accepting certain specified objections and suggestions.
The following is a list of written objections received by the Tustin Community
Redevelopment Agency concerning the Second Amendment to the Amended Redevelopment Plan
for the Town Center Redevelopment Project Area'
.
Elizabeth M. Dreher (Mrs. M.M. Dreher), dated February 7, 1989 - property owner at
332 Prospect Park North
Dennis D. Hayden, Esq. on behalf of Shirley A. Griset and Virginia Stevens, dated
February 16, 1989 - property owner of Assessor Parcel No. 500-.101-01 through 05 and
500-102-01
Attached is a summary of each of the above written objections and written responses and
findings on each objection. The two written objection letters follow staff written
responses.
SII¥1ARY OF WRZTTEN OBJECTIONS AND RESPONSES
1. Written Objections: Recetved from Elizabeth Dreher
Summary of Objecti,on
While Mrs. Dreher does not have a specific objection to the proposed Second
Amendment to the Amended Redevelopment for the Town Center Area Redevelopment
Project, she indicates her concern about the Agency's potential condemnation of her
home.
Written. Response../Fi nding
The Town Center Area Redevelopment Plan was originally adopted in November, 1976.
The original Plan, pursuant to Section 33391 of the California Community
Redevelopment Law, authorized the Redevelopment Agency to acquire property In the
Redevel-opment Project Area through voluntary acquisition throughout the life of the
Plan, or eminent domain for twelve years from the date of adoption. Over the last
twelve years, the Agency has used its eminent domain authority only once and ha.s
never acquired a residential property in this manner. The Second Amendment to the
'btt A
,, .dlutton No. 89-26
Page two
orlgtnal redevelopment: plan ex1:ends 1:his exist:lng emlnent domaln aul:horll:y for an
addtl:tonal l:welve years. Eminent domain-has not, been and would not. be used as a
method of wholesale property acquisition, but, rather it would be used selectively
when there are significant: obstacles 1:o achieving the goals and object:ives of 1:he
Agency in its efforts to facilitate improvement, within the Project, Area. However,
for those property owners who are desirous of developing or selling t,heir
propert,tes for private development,, there would be significant 1:ax advant,ages lost
if they were unable to obtain a "friendly" condemnation 1.ett.er from the Agency,
thereby potentially inhibiting voluntary Improvement efforts In the Project Area.
The Agency fully intends- to continue t.o exercise il:s aul:hority prudent,ly and has no
plans or schedule to purchase the subject property or any other property al: this
time.
For your information, Section 406 of the Amended Redevelopment Plan provides for an
owner of a property within the Project Area to apply for a Certificate of
Conformance in accordance with the Amended Redevelopment Plan. The issuance of
this Certificate by the Agency would permanently ensure that property would not be
subject to eminent domain under the Redevelopment Plan. If a request is received
from the Prospect Park Homeowner's Assocation, Agency staff is recommending
approval of a Certificate of Conformance for Ms. Dreher's property.
For the reasons set forth in the foregoing responses to written objections to the
adoption of the Second Amendment, the Tustin Redevelopment Agency and City Council
of the City of Tustin affirm that adoption of the Second Amendment remains in the
best interest of the Project Area and the City at large.
Written Objection:
and Vtr~flta Stevens
Received from Dennls HaYden,
Esq. on behalf of Shirley Grtset
Summary of Objection
Mr. Hayden states in his letter that Ms. Griset and Ms. Stevens wish to be excluded
from the plan area and object to the following four provisions of the Second
Amendment: !) extension of the Agency's authority to acquire property for an
additional 12 years by eminent domain; 2) increasing the limit on the amount of
bonded indebtedness that can be outstanding at any one time; 3) restating the tax
increment limit; and 4) any action which would authorize Condemnation of their
property and deprive them of their right to continue to own and develop the
property.
Written Response/Finding
Responses to each of the above objections are outlined below:
As authorized under Section 33391 of the California Community Redevelopment
Law, the original Redevelopment Plan for the Town Center Area Project provided
for the Agency to acquire property by eminent domain. Pursuant to Section
33333.2 {3) the time limit for commencement of eminent domain proceedings was
originally limited to 12 years and is proposed to be extended an additional 12
'~lblt A
~olutton No. 89-26
Page three
years tn the Second Amendment. The Agency has determined that retention and
extension of. this provision is necessary to continue to effectuate
redevelopment of the Project Area. This determination Is based on the fact
that the legislature recognized In providing the po~er of emtnent domatn to
redevelopment agencies that properties cannot always be acqutred by negotiated
purchases and therefore, a property owner or group of property o~ners can
frustrate the achievement of the Agency's public purposes. Emtnent domaln has
not been and would not be used as a method of wholesale property acquisition,
but rather it would be used selectively when there are significant obstacles
to achieving the goals and objectives of the Agency In its efforts to
facilitate Improvements wtthtn the Project Area. However, for those property
o~ners who are desirous of developlng or selling thetr properties for prtvate
development, there would be significant tax advantages lost Jf they were
unable to obtain a "friendly" condemnation letter from the Agency, thereby
potentially Inhibiting voluntary Improvement efforts tn the Project Area.
However, tt is important that ~ls. Griset and ~ls. Stevens be aware that over
the last 12 years the Tusttn Redevelopment Agency has never acquired real
property by endnent domatn In the To~n Center Area Redevelopment Project. The
Agency fully tntends to contlnue to exercise 1ts authority prudently and has
no plans or schedule to purchase the subject property or any other property at
this time.
[n addition to the extension of the Agency's eminent domain authority, the
Second Amendment also proposes to add a section to the Plan (Section 406)
which provides for a property o~ner to apply for a Certificate of
Conformance. The Issuance of thts Certificate by the Agency would, subject to
the provisions of Section 406 of the Amended Plan, permanently ensure that the
subject property would not be acqulred by the Agency through emtnent domain
proceedings. ~ls. Grtset and l~s. Stevens would have the rtght to apply for a
Certificate of Conformance.
The Redevelopment Agency at its meeting on February 6, 1989 also adopted rules
governing participation and preferences by property o~ners and business
occupants tn the Town Center Project Area.
2. A complete financial analysis of the Second Amendment Is contaJned tn the
Agency's Report to City Council, a copy of which is available for public
Inspection at the offJce of the Tustin City Clerk. The Agency has determlned
that additional publtc improvements to those contained in the origtnal
redevelopment plan are needed in the Project Area In order to achieve the
revitalization goals and objectives contained in the Plan. Toward thts end,
the Agency proposes to add approximately $12 mlllton of addltlonal publtc
Improvements. Some of these Improvements ~lnclude: the constructlon of the
Tustln Area Sentor Center; street, traffic and water Improvements;
expansion/renovation of the Civtc Center; renovation of Peppertree Park; and
F ~btt A
lutton No. 89-26
Page four
additional Improvements to Columbus-Tustin Park. A complete 11st of. spectftc
projects Is provided in the proposed 'Amendment and Report to Ctty Council. In
order to finance extsttng and future Project costs, the Agency has determined
that the bonded Indebtedness 11mtt must be Increased from $20 mtlllon to. $35
mtllton to tnsure that all extsttng and future debts can be financed withtn
the parameters of the Amended Redevelopment Plan.
If the 11mtt ts not Increased,-the Agency Will be severely hampered tn
abtltty to contribute to certatn publlc Improvements wlthtn the Town Center
Redevelopment Project ,Area, as extsttng bond debts would have to be paid off
prtor to Issuance of more bonds. It is important to note that bonds are patd
off wtth tax Increment revenues from within the Town Center Redevelopment
Project Area and are not an obligation on the residents of the City or on the
Ctty's General Fund.
The Redevelopment Plan as amended by the First Amendment currently 11mits the
total tax Increment revenue that may be allocated to the Agency over the life
of the project to an average of $3 millton per year. Wtth a Project 11re
11mtted to 30 years, the Agency's intended tax increment 11mtt was $90
mtllton. As discussed In detail in the Agency's Report to City Council, the
Agency does not propose to tncrease the tax Increment 11mtt, only to restate
the tax increment 11mit to prOvtde maximum flexibility to retire outstanding
debts and future debts that may be incurred to complete the Project within the
existtng (re-stated) tax Increment 11mtt and the 30 year time frame of the
plan.
.
Objection number four is interpreted to be the same as objection number one,
therefore, response number one above is applicable to both comments.
For the reasons set forth in the foregoing responses to written objections to the
adoption of the Second Amendment, the Tustin Redevelopment Agency and City Council
of the City of Tustin affirm that adoption of the Second Amendment remains in the
best interest of the Project Area and the City at large.
7 February 1989
Ms. Christine Shingleton
Direc~r'of Community Development
TUSTIN COMMUNITY REDEVELOPMENT AGENCY
300 Centennial Way
Tustin, Ca. 92680
Dear Ms. Shingleton:
I received your letter of 3 February 1989, via Certified
yesterday and I must say I read it with shock and disbelief.
My husband and I purchased our home in Prospect Park in Oct-
ober of 1968 as a place to spend our last days and now you have
the unmitigated gall to advise me that if I do not sell my house
to you through a negotiated price, you will have it condemned
and take it anyway. What has Tustin turned into ? It sounds
more like the Soviet Union
I love my small home in Prospect Park not only because it is a
very nice place to live, but it holds many happy memories of my
life with my now deceased husband, who passed away about six
years ago.
What do you intend to do with. all this la~d you HOPE to acquire ?
Are you going to sell it to developers who in turn will build
high-rise .buildings on it, in your greedy hope that these build-
ings will generate more tax dollars that you can squander on
more high-rise buildings ?
Ms. Shingleton, THIS WILL NOT HAPPEN IN MY LIFETIME, of that you
may be sure and I am sure the other 39 Homeowners in Prospect Park
feel the same way I do. Ail I can say to you is, %hat you and
your ~reedy cohorts had better_~get a good attorney because you are
going to need him in this misbegotten scheme to take my home away
from me.
Most sincerely
EliZabeth M. Dreher
(Mrs. M.M. Dreher)
332 Prospect Park North
Tustin, Ca. 92680
cc: Mr.. M. Cibellis
President, Prospect Park H.O. Asso.
!
DENNIS D. HAYDEN
ATTORNEY AT LAW
:~014' NORTH BROADWAY
SANTA ANA. CALIFORNIA 92706
TELEPHONE (7141.542-3003
" February 16, 1989
RECEIVED
r ;,-,., :] _ 7989
CO,%t;,,IL/,'~iT'! DF~'.ELOPMENF'
Tustin Community-Redevelopment Agency
300 Centennial Way
Tustin, California 92680
City Council
City of Tustin
300 Centennial Way
Tustin, California 92680
Re:
Town Center Area Redevelopment Project
Property Owners:
Shirley A. Griset
and
Virginia Stevens
Property Located at:
Newport Boulevard, Irvine
Boulevard and Fourth Street
Assessor's Parcel Numbers:
500-101-01 through 05
and 500-102-01
Gentlemen:
I am writing on behalf of Shirley Griset and Virginia Stevens the
fee owners of the above-described real property which is located in
the Northeast corner of the Tustin Town Center Redevelopment Plan
Map. - .....
The property has been in the family of the current owners for well
over 30 years and is improved with commercial developments under
lease to various tenants.
The owners learned that a public hearing is scheduled regarding an
amendment to the redevelopment plan on Tuesday, February 21, 1989,
although they did not receive any notice from the City or the
Redevelopment Ag~.ncy of the hearing.
This letter is to advise you that the owners have no desire to sell
the property ~nd object to the inclusion of the property within the
redevelopment plan area.
The owners fully intend to continue ownership' of the property and
the improvements and management of the same and object strenuously
to any plan which would include the possible acquisition of the
propert~ by condemnation.
~ ...DE~IIS D. HAYDEN
ATTORNI~'Y AT LAW
' Tustin Community Redevelopment Agency
and
City Council, City of Tustin
February 16, 1989
Page Two'
Re:
Town Center Area Redevelopment Project '
Property Owners:
Property Located at:
Shirley A. Griset
and
·
Virginia Stevens
Newport Boulevard, Irvine
Boulevard and Fourth Street
Assessor's Parcel Numbers:
500-101-01 through 05
and 500-102-01
The .property is a vital source of support for the owners and in the
event of improvement of property in the area in close proximity to
theirs, they wish to improve their own property as owners in an
appropriate manner which will be beneficial to the neighborhood.
In summary, they wish to be excluded from the plan area;'they - -
object to any extension of the Agency's authority to acquire
property for an additional 12 years; they object to increasing the
limit on bonded indebtedness that can be outstanding at any one
time; they object to restating the tax increment limit and they
particularly and strenuously object to any action which would
authorize condemnation of their property and deprive them of their
right to continue to own and develop the same.
Please"make the objections of .the above owners to the proposed
second amendment known to the City Council and the Tustin
Redevelopment Agency.
DDH/e
Very truly yours,
ORDINANCE NO. 10~ 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING AND ADOPTING THE
SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT
PLAN FOR THE TUSTIN TOWN CENTER AREA REDEVELOP-
MENT PROJ~ECT
WHEREAS, the City Council of the City of Tustin adopted the
Redevelopment Plan for the Town Center Area Redevelopment Project ('the
"Redevelopment Plan") in November, 1976; and
WHEREAS, the City Council has previously amended the Redevelopment
Plan once in September, 1981, and as amended the Redevelopment Plan is known as
the "Amended Redevelopment Plan"; and
WHEREAS, the Tustin Redevelopment Agency (th.e "Agency") has
formulated and prepared the proposed Second Amendment to the Amended
Redevelopment Plan for the Town Center Area Redevelopment Project; arid
WHEREAS, the City Council of 'the City of Tustin has received from ';.he
Agency the proposed Second Amendment to the Amended Redevelopment Plan, a
copy of which is on file at the office of the City Clerk, 300 Cenkennial Way,
Tustin, California, and at the office of the Agency at the same address, together
with 'the Report of the Agency on the proposed Second Amendment; and
WHEREAS, the Planning Commission of the City of Tustin has submitted
to the Ci'~y Council its repor~ and recommendations concerning the propo.~ed
Second Amendment to the Amended 'Redevelopment Plan and its certification that
'the Second Amendment to the Amended Redevelopment Plan conforms to the General
Plan for the City of Tu'~tin; and
WHEREAS, the Agency, on August 15, 1988, held a duly noticed public
hearing on the Draft Environmental Impact Report ("EIR"), prepared and circulated
for public review and comment in accordance with the California Environmental
Quality Act (Public Resources Code Section 21000, ~.t....s....e.....Cl...), the Guideline,~ for
intplementation of '[.he California Environmental Quality Act ( 14 California
Administrative Code Section 15000, et seq.) arid environmental procedures adopted
by the Agency pursuant thereto; and the Draft EIR was thereafter revised and
supplemented to incorporate comments received arid responses thereto, and as so
[.e'vised and supplemented, a Final EIR was prepared by the Agency; and
WHEREAS, the Agency has considered and certified the adequacy of
the Final Environmental Impact Report, submitted .pursuant to Public Resources
Code Section 21151 and Health and Safety Code Section 33352, and has determined
that the redevelopment of 'the Project Area pursuant to '~.he Amended
Redevelopment Plan as further amended by the Second Amendment will have
significant effects on the environment based upon the impacts identified in
Resolution No. 88-14 adopted by the Agency on December 5, 1988, making certain
findings regarding 'the environmental impacts of the proposed actions with respect
to the Amended Redevelopment Plan as further am. ended by the Second Amendmen. t;
and
2340. tus/4
021689/bl
WHEREAS, the Agency has by said Resolution No. 88-14 adopted a
Statement of Overriding Considerations determining that the benefits of the Second
Amendment outweigh the unavoidable adverse environmental effects; and
WHEREAS, the City Council and the Agency held a joint public hearing'
on February 21,' 1989, on the proposed adoption of the Second Amendment to 'the
Amended Redevelopment Plan in the City Council Chambers, 300 Centennial Way,
Tustin, California; and
WHEREAS, a notice of said hearing was duly and r.egularly published
in the ..T.......u.~..i.:i....n..........N....e.,....w......s.., a newspaper of general circulation in the City of Tustin, once
a week for four successive weeks prior to the date of said hearing, arid a copy of
said notices and affidavits of publication are on file with the Ci$.y Clerk and the
Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by
reft, tried mail with return receipt requested to the last known address of each
assessee as shown on the last equalized assessment roll of the County of Orange
of each parcel of land in the Project Area; and
WHEREAS,. copies of the notice of joint public hearing were mailed by
certified niail return receipt requested 'to the governing body of each i, axing
agency which receives taxes from property in the Project Area, and to the last
known assessee of each parcel in the Project Area; and notices were also mailed to
community organizations, business tenants and posted in accessible locations for
notice to the general public from the Agency; and
WHEREAS, the City Council has evaluated the report of the Agency,
the proposed Second Amendment to the Amended Redevelopment Plan, and 'the Final
Environmental Impact Report, has provided an opportunity for all persons to be
heard, and has received and considered all evidence and testimony presented for
· or against any and all aspects of the Second Amendment and has made written
findings in response ko each written objection of an affected property owner or
taxing entity; and
WHEREAS, all actions re quired by law have been 'taken by all
appropriate public bodies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES
HEREBY ORDAIN AS FOLI,OWS:
.$..e..c..~.i...o...n.........!... Th~ legal description, of the boundaries of . the
Redevelopm. ent Project is contained in Instrument No. 36603, book 11976, pages 35-
48 of Official Records recorded on November 29, ~976, in the office of' the Coun~,y
Recorder of Orange County, California.
.S..e...c....t..i..o...n.........2... The purposes and intent of the City Council with respect
to '{.he Project area are and continue to be: '
1)
to create a mixed use '~.own center area that combines
commercial, office, residential, and public uses which will serve
the needs of the community as well as encourage the healthy
growth of the town center area;
to improve traffic circulation and access in the town center area
as a means of reducing congestion, encouraging business
development, attracting new customers to the area, alleviating
pa~s-through traffic congestion and conflict, and improving
safety;
3)
4)
to revitalize and develop amenities in the Project area, both
publicly and privately financed, as a means of aiding the
revitalization of the E1 Camino Real section in particular;
to increase 'the level of capital improvement~ such as the
development of Columbus-Tustin Park, parking facilities,
sidewalk and street landscaping, street im'provemen'~.s and
related public improvemen-~ projects;
.6)
to impro've controlled development o.f ~he area to aid in t. he
harmonious and efficient development of the redevelopment area;
and
6)
to encourage residential development by actively seeking private
development in the redeve].opmen~ area.
..S....e..q..tj.p..n.......,3., It hereby is determined that the Second Amendment
submitted by the Agency is necessary and desirable,
..S...e...,.q.~'.i..q.n......4... The Second Amendment is incorporated herein by this
reference and nmde a part .hereof as if fully set forth at length herein. The
Amended Redevelopment Plan for the Tustin Town Center Area Redevelopment
Project, as amended hereby, shah continue to be referred to as the Amended
Redevelopment Plan.
.S...e....q.t...i..o....n.....5... Ordinance No. 701 and the Redevelopment Plan adopted
pursuant thereto as the official Redevelopment Plan for the Town Center Area
Redevelopment Project, as amended by Ordinance No. 855, are hereby amended by
the Second Amendment so that the Redevelopment Plan adopted by Ordinance No.
701, and amended by Ordinance No. 855, 'is replaced by the Amended
Redevelopment Plan as further amended by the Second Amendment.
..~..e....c..~.~.q..n.......6... All written and oral objections to the Second Amendment
to tb.e Amended Redevelopment Plan for the Town Center Area Redevelopment
Project have been overr'uled by Resolution No. 89-26 adopted by this City Council
on rlarch 6 , 1989.
..S....e...c..t...i:q..n.......7... The Amended Redevelopment Plan as further amended by
the Second Amendment is hereby approved, adopted and designated as the official
Redevelopment Plan for 'the Town Center Area Rede'velopment Project and s~ict
Amended Redevelopment Plan as further amended by the Second Amendment is
· incorporated herein by this reference and made a part hereof aa if fully ~et for'th
herein.
Section 8. The City Council hereby finds and determines, based on
subs_tantia]. ~'X~a'~'~ .... in the record, including, but not limited-to, the 'Agency's
Report to {he Tustin Ci~,y Council on the Proposed' Second Amendment to the
Amended Redevelopment Plan for the Town Center Area Redevelopment Project, and
all documents referenced therein, and evidence and testimony received at 'the joint
public hearing on adoption of the Second Amendment to the Amended
Redevelopment Plan held'on February 21, 1989, that:
a) The Project Area has been found to be a blighted area in
Ordinance No. 701 adopted by the Ci't'y Co,~ncil on November 22, 1976, the
corJtinued redevelopment of which is necessary to effectuate 'the public purposes
declared in the California Community Rede'velopment Law (Health and Safety Code
Section 33000 p.t.....s.....e.....q....).
b) The adoption of the Second Amendment will assist in the
redevelopment of the Project Area in conformit'y with *.he Community Redevelopment
I,aw of the State of California and in the interest of the public peace, health,
safety and welfare. This finding in based on the fact that the Second Amendment
provides for the installation of new, or the replacement or rehabilitation of
existing public improvements, Pacilities and utilities tn areas which are currently
inadequately served in regard 'to such improvements, facilities and utilities.
c) The adoption and carrying out of the Amended Redevelopment
Plan as further amemded by the Second Amendment is economically sound and
feasible. This finding is based on the fact that the limit on the bonded
indebtedness that can be outstanding at any one time has been raised to. $35
million to in,~ure that all existing and future debts can be financed within the
parameters of the Amended Redevelopment Plan.
d) The Second Amendment conforms to 'the General Plan of the City
of Tustin. This finding is based on the finding of the Planning Commission that
'the Second Amendment conforms 'to the General Plan of the Cit'y of Tustin.
e) The carrying out of the Second A-mendment wi].l promote the
public peace, health, safety and 'welfare of the City of Tustin and will effectuate
the Amended Redevelopment Plan and the purposes and policies of the Community
Redevelopment Law of 'the State of California. Thin 'finding in based on ~he fac~
that the Second Amendment will benefit the Project Area by providing for the
installation, of new and the rehabilitation or replacement of existing public
improvements, facilities and utilities, thus helping to eliminate blighted conditions
and encouraging further growth and development in conformit'y with ~.he objectives
of the Amended Redevelopment Plan.
f) The condemnation of real property, (the time period during
which it may be exercised is extended in 'the Second Amendment to the 'Amended
Redevelopment Plan) is necessary to the execution of the Am. ended Redevek)pment
Plan, and adequate provisions have been made for the. payment for property to be
acquired as provided for by law.
g) The Agency has a feasible method and plan. for 'the relocation of
families and persons who might be displaced, temporarily or permanently from
housing facilities in the Project Area. This finding is based upon the fact 'that
the Amended Redevelopment Plan provides for. relocation assistance according to
law and' the fact that such assistance, including, r'elocatior~-' payments, constitutes a
feasible method for relocation.
· h) There are, or are being provided, within the Project Area or
within other areas not, generally less desirable with regard to public utilities and
public and commercial facilities arid at rents or prices, within the financial, means
of ~,he families and persons who might be displaced from the Project Area, decent,,
safe and sanitary dwellings equal in number to the number of and available to
such displaced families and persons and reasonably accessible to 'their places of
employment. This finding is based upon the fact that rio persori or family will be
required to move from any dwelling unit until s~,itable replacement housing is
available for occupancy, and that such housing must meet 'the standards
established in State law and regulations.
i) The Second Amendment enhances and strengthens the
safeguards contained irt the Amended Redevelopment Plan Lo assure ~hat ~he work
of redevelopment wiI1 be carried out pursuant to the Amended Redevelopment Plan.
j) The effect of tax increment financing, as contained in t.he
Second Amendment, will not cause a significant financial burden or detriment on
any taxing agency deriving revenues from the Town Center' Area Redevelopment
Project. This finding is based on the facts that: 1) 'the limit on the total tax
increment, revenue thak may be allocated to the Agency o'ver the life of t, he Project
bas only been re-stated from $3 million annually over 'the 30 year life of the
Project to $90 million over 'the life of the Project; and 2) all affected taxing
agencies were given the opportunity to consult with the Agency on the fiscal
impact of the Project as provided by the Community Redevelopment [,aw Section
33328 and such affected taxing agencies either choose not to do so or stated that
there 'was no fiscal impact.
.S.....e..q.t..i...o...n.........~. In order Lo implement arid facilitate the effec~uation of the
Amended Redevelopment Plan as further amended by the Second Amendment certair~
official actions must be taken by the City Council; accordingly the City Council
hereby:
i) pledges its cooperation 'in helping to carry out such Second
Amendment;
ii) requests the various officials, department, boards and agencies
of the City of Tustin having administrative responsibili'ties in '~,he Project Area
likewise to cooperate to such end arid to exercise their respective functions and
powers in a manner 'consistent with ,said Second Amendment; and
iii) stands ready to consider arid take appropriate action on
proposals and measures clesigned to effectuate the Second Amendment.
Section ].0. Thai certain document entitled "Final Environmental Impact
Report, Second Amendment to the Redevelopment Plan for Town Center Area
Redevelopment Project," a copy of which is on file in the office of the Agency,
and in the office of tb.e City Clerk, having been duly reviewed arid considered,
and Resolution No. 88-126, adopted by the City Council on December 5, 1989 making
qertain findings regarding the environmental impacts of the proposed actions with
respect to the Second Amendment and adopting a Statement of Overriding
Considerations, are hereb~ incorporated into this Ordinance bY reference and made
a part hereof. All activit, ies undertaken by the Agency and/or the City of Tustin
pursuant to or in implementation of the Amended Redevelopment Plan as further
amended by the Second Amendment shall be undertaken in accordance with 't, he
mitigation measures set forth in the said Final Environmental Impact Report.
Section 11. Ordinance Nos. 701 and 8.55 shall remain in full .force and
effect except 'to the extent changed by this amending ordinance.
.~.e...q-..t..i...0..n..........1....2... The City Clerk hereby is directed to send a certified copy
of this ordinance to the Agency and 'the Agency hereby is vested wi~h the
responsibility for carrying out the Amended Redevelopment Plan as further
amended by the Second Amendment for the Town Center Area Redevelopment
Project.
..S.....e...c.!..ig...!~....._!..3... The City Clerk hereby is direc'ked to record with the
County Recorder of Orange County a description of the land within the Project
Area and a statement [,hat the Redevelopment Plan for the Town Center Area
Redevelopment Project has been amended, and that redevelopment proceedings for
the redevelopment of ~he Project Area pursuant to the Amended Redevelopment
Plan have been instituted arid are continuing under the California Community
Redevelopment Law.
.S..e,....c...t..i...0...!!._...!....4.. If any part of this ordir~an, ce or the Second Amendmer,.t
which it approves is held to be invalid for any reason, such decision shah not
affect the validity of the remaining portion of this ordinance or of the Second
Amendment, and this Council hereby declares .'that it would have passed the
remainder of the ocdinance or approved-the remainder of the Second Amendment if
such invalid portion thereof had been deleted.
..
.~.~.~..~q.......~.~. This ordinance shall take effect thirty (30) days after its
final passage and within fifteen (15) days after its passage, the City Clerk shall
cause i~ to be published in the .~.~.~.~'~.q.......N.P.~.~, a newspaper of general circulation in
~he City of Tustin, and hereby designated for that purpose.
PASSED, APPROVED, and-ADOPTED this
day of , 1989.
ATTEST:
MAYOR
CITY OF TUSTIN
MARY WYNN, CITY CLERK
CITY OF TUSTIN
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS.
CITY OF TUSTIN )
I, MARY 'WYNN, City Clerk of the City of .Tustin, California, hereby certify
that Ordinance No. was adop'~ed by the City Council of t. he City of
Tustin at a regular meeting held on the day of , 1989, and that the
same was adopted by the following vote:
AYES:
·
NOES:
ABSENT:
ABSTAIN:
MARY WYNN, CITY CLERK
CITY OF TUSTIN