HomeMy WebLinkAboutORD 1223 (1999) 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 EXttIBIT "I"AND IS INCORPORATED
HEREIN BY REFERENCE
WHEREAS, this Council heretofore has aclmowledged that the Tustin Conununity
Redevelopment Agency, City of Tustin, California CRedevelopment Agency" hereinafter), has
initiated proceedings for the adoption of the 1999 Amendment to the Redevelopmerit Plan for the
South Central Redevelopment project Area ("1999 Amendment" hereinafter). The
Redevelopment Agency consented to hold a joint public hearing 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 hearing required by law to be given upon this Council consenting to and setting the day,
hour and place for that hearing; and
WHEREAS, this Council consented to hold a joint public hearing with the
Redevelopment Agency in regard to the 1999 Amendment, at which hearing 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 hearing was held at 7:00 p.m. on October 4, 1999 in the Council
Chambers, 300 Centennial Way, Tustin, California; and
V, rHEREAS, notice of the joint public hearing 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
~VHEREAS, the joint public hearing 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
WI-IEREAS, 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 FOLLOI,VS:
SECTION 1. All facts set forth above are hereby found to be true and correct,.
SECTION 2. The South/Central Redevelopmerit 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 payrnent for property to be acquired and provided by la~v.
SECTION 7. The Redevelopment Agency has a feasible/nethod 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 tess 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
a,;,ailable 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 redevelopmerit 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 desig-nates 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 Redevelopmerit 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 1 st day of November, 1999.
ATTEST:
EXHIBIT I
1999 AMENDMENT
TO THE
REDEVELOPMENT PLAN
FOR THE
SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT
Prepared:
May, 1999
Adopted:
Ordinance No.:
Prepared for:
Rede.velopment 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 Aria, California 92705
(714) 541-4585
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TABLE OF CONTENTS
Section Page
Introduction .................................................................................................................................1
Amendment No. 1 .......................................................................................................................2
Exhibits
Exhibit A - Map of the South/Central Area Redevelopmerit Project
Exhibit B - Legal Description for the South/Central Area Redevelopment Project
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1999 AMENDMENT
TO THE
REDEVELOPMENT PLAN
FOR THE
S OUTH/CENTRAL ,M1EA lIEDEVELOPMENT 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 Redevelopmerit Law, Health and Safety Code Section 33000, et. seq., ("CRL") on
August 1, 1983 by Ordinance No. 890. The Redevelopmerit 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 Redevelopmerit
Plan. This authority is needed within the South/Central Area Redevelopment Project Area to
complete redevelopmerit and revitalization activities in the Project Area.
This 1999 Amendment to the Redevelopment Plan for the South/Central Area Redevelopmerit
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 Redevelopmerit 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 I-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 E'xhibit A.
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 er. actc..-i. ';,'it~2r.. twelve years from the effective date of the
ordinance adoptin~ the 1999 Amendment to the Redevelopmerit Plan or the South/Central
Area Redevelopment Proiect. Such limitation may only be extended bv amendment of
the Plan. of the ~'~;~ ~'+*'~ ~' ~'~ .... ' ..... + ~'~":~+ ^ '~
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 properly ox~mer 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 a~eement.
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. secl.), the guidelines of
the California Department of Housing and Community Development adopted and
" ' promulgated pursuant thereto, and the Agency's rules and regulations thereto.
EXHIBIT A
MAP OF THE SOUTH/CENTRAL AREA REDEVELOPMENT PROJECT
SOUTH CENTRAL REDEVELO'PVEENT 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 !0 and Lots 33, 48, 49, 63 and 64, all in Block 1t
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 of Miscellaneous 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
Miscellaneous Maps, Records of Orange County, that portion of Section 16, 17, 20 and 21
To~mship 5 South, Range 9 West, San Bernardino Meridian, all..being in the City of Tusti~
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 concared 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 Southeaster]
prolongation of the Southwesterly line of Edinger Avenue (formerly Moulton parkway)
described in a deed to the County of Orange, recorded September 7, 1960 in Book 5406, Pa~_
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 sho~rn on a map entitled ,,PARCEL D, IRVINE-MYFORD AlqNEXATION 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 aiong the existing C]~ 0f Tustin boundary per said Parcel -D,,,IRVINE-MYFOPa
A/~NEY~kTION N0. 81 and the South Tustin Avenue A~nexation No- 2 per Ordinance No. !46
adopted'February 6, 1961, through the following courses: North 39*53'38" East !87.08 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
7-0P~-55" per File No. 9638 in the Office of the County Surveyor of
Orange County;
EXHIBIT B
Page 2
LEGAL DESCRIPTION
FOR THE
CENTRAL REDEV1ELOPMENT 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.
~70!, 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
50'0t'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 Redevelopmerit 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 Book362,,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
=eet 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 50'00'3t" 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.
City of Tustin
ORDINANCE CERTIFICATI ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1223
Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Ordinance No. 1223 was introduced at a
regular meeting of the City Council on October 18, 1999, and was passed and adopted at a
regular meeting of the .City Council held on November 1, 1999 by the following vote:
COUNCILMEMBER AYES: Worley, Thomas, Doyle, Ports, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk