Loading...
HomeMy Public PortalAbout96-065 RESOLUTION NO. 96-065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. TWO AND THE PROPOSED SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. THREE THE CITY COUNCIL OF THE CITY OF CARSON HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1 . The Carson Redevelopment Agency (the "Agency" ) has prepared a proposed Fifth Amendment (the "Fifth Amendment") to the Redevelopment Plan, As Amended, for Project Area No. Two ("Project Area No. Two" ) and a proposed Second Amendment (the "Second Amendment") to the Redevelopment Plan for Project Area No. Three ( "Project Area No. Three" ) of the Agency. The Agency and the City Council of the City of Carson (the "City Council") have held a duly noticed joint public hearing on the proposed Fifth Amendment and the proposed Second Amendment on June 18, 1996 . Any and all persons having any objections to the proposed Fifth Amendment or the proposed Second Amendment, or who deny the existence of blight in the territory proposed to be added to Project Area No. Two and Project Area No. Three by the Fifth Amendment and the Second Amendment, or the regularity of any of the prior proceedings, were given an opportunity to submit written comments prior to the commencement of or at the joint public hearing and to give oral testimony at the joint public hearing and show cause why the proposed Fifth Amendment and Second Amendment should not be adopted. Written objections, communications and suggestions were received before or at such joint public hearing and are attached hereto as Exhibits A-1 through A-9 and incorporated herein. The City Council has heard and considered all evidence, both written and oral, presented in support of and in opposition to the adoption of the Fifth Amendment and Second Amendment. 960628 C1371-00001 sas 1672598 1 City Council Resolution No. 96-065 Page 2 of 27 Section 2 . Having reviewed such written objections, communications and suggestions, the City Council, pursuant to Health and Safety Code Sections 33363 and 33364, hereby adopts written findings, attached hereto as Exhibits B-1 through B-9 and incorporated herein, in response to each written objection, communication and suggestion, which written objections, communications and suggestions are set forth in Exhibits A-1 through A-9, attached hereto. The City Council has not accepted specified written objections, communications and suggestions for the reasons set forth in the attached written findings in response to such written objections, communications and suggestions . PASSED, APPROVED AND ADOPTED this 2nd day of July , 1996 . h ACTING MAY/ R ATTEST: / i 4 4 fTw CITY CLERK APPROVED AS TO FORM: )(0- l olw ASSISTANT CITY ATTORNEY STATE OF CAL)FORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) 1, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole numt er of members of the City Council of said City is five; that the foregoing resolution,being Resolution No. 96-065 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 2nd day of July, 1996, and that the same was so passed and adopted by the following vote: AYES: CCUNCIL MEMBERS: Calas, Olaes, O'Neal and Fajardo NOES: CCUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor .Mitoma City Clerk, City of Carson,F alifornia 960628 C1371-00001 sas 1672598 1 - 2 - City Council Resolution No. 96-065 Page 3 of 27 Exhibit A WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS IN CONNECTION WITH THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. TWO AND THE PROPOSED SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. THREE 960628 =71-00001 sas 1672598 1 City Council Resolution No. 96-065 Page 4' of 27 Exhibit B WRITTEN FINDINGS OF THE CITY COUNCIL OF THE CITY OF CARSON IN RESPONSE TO WRITTEN OBJECTIONS, COMMUNICATIONS AND SUGGESTIONS PREPARED PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33363 AND 33364 IN CONNECTION WITH THE PROPOSED FIFTH AMENDMENT TO THE REDEVELOPMENT PLAN, AS AMENDED, FOR PROJECT AREA NO. TWO AND THE PROPOSED SECOND AMENDMENT TO THE REDEVELOPMENT PLAN FOR PROJECT AREA NO. THREE 960628 C1371-00001 sas 1672598 1 City Council Resolution No. 96-065 Page 5 of 27 The preceding Exhibit "A-1, " which is incorporated herein by reference, is a written communication from Mr. Charles M. Gale, Cameron, Madden, Pearlson, Gale and Sellars, on behalf of Niklor Chemical Co. , Inc. , addressed to the City and Agency, dated May 7, 1996 . The following are the written findings of the City Council in response to such communication: The communication was a comment on the 1996 Eminent Domain Amendment for Project Area No. Three, and related Negative Declaration, and not a comment on the subject Fifth Amendment or Second Amendment . To the extent that reference is made to the Fifth Amendment and the Second Amendment, Mr. Gale alleges, that for purposes of the California Environmental Quality Act ( "CEQA") , the 1996 Eminent Domain Amendments and the merger of Project Area No. Two and Project Area No. Three should be considered together. The 1996 Eminent Domain Amendments have already been adopted. The projects being evaluated in the environmental impact report prepared in connection with the Fifth Amendment and the Second Amendment (the "EIR" ) are the proposed Fifth Amendment and Second Amendment . The 1996 Eminent Domain Amendments are a separate project from the Fifth Amendment and Second Amendment . CEQA doesn' t mandate that cities combine separate projects for the purposes of environmental review. Under CEQA, it is not inappropriate to do a separate review for two projects where, as here, the adoption of the first project accomplishes a different purpose than the second project and the adoption of the first project does not commit the City in any way to the adoption of the second project . The City Council finds that on the basis of information in the record and the foregoing specific response, the objection stated by Mr. Gale is hereby overruled. 960628 C1371-00001 sas 1672598 1 8-1-�- City Council Resolution No. 96-065 Page 6 of 27 The preceding Exhibit "A-2, " which is incorporated herein by reference, is a written communication from Mr. Charles M. Gale, Cameron, Madden, Pearlson, Gale and Sellars, on behalf of Niklor Chemical Co. , Inc . , John and Myra Wilhelm, and Stephen and Elizabeth Wilhelm, addressed to the City and Agency, dated June 11, 1996 . In such communication, Mr. Gale alleges that the "merger" statute is contrary to Article XVI, Section 16 of the California Constitution and, therefore, the merger of Project Area No. Two and Project Area No. Three is unconstitutional . Mr. Gale alleges that the draft EIR (the "DEIR" ) prepared in connection with the Fifth Amendment and the Second Amendment does not accurately describe the project' s impact on traffic and circulation after feasible mitigation measures are adopted. He states that the DEIR contains an incorrect assumption on page 2-11 that the project shall contribute its proportionate share of the costs to certain regional improvements . He alleges that redevelopment funds must be used for "redevelopment activity" which means funds must be used in a way which primarily benefits the project area. Therefore, he concludes that it is not permissible to use redevelopment funds to pay a proportionate share of the cost of mitigation measures T-1 through T-11 and T-13 through T-16 because they are improvements of community-wide benefit which do not primarily benefit the redevelopment project . He concludes that without the use of these funds, these improvements cannot be considered feasible. Mr. Gale alleges that the DEIR does not accurately compare the Project Alternative with the No Project Alternative . Mr. Gale further alleges that the DEIR does not disclose that the traffic mitigation measures are expected to mitigate not only the traffic impacts from Project Area Nos . Two and Three, but also from the Sixth Amendment to the Redevelopment Plan for Project Area No. 1 . Mr. Gale concludes by indicating that Niklor and the Wilhelms oppose the proposed Amendments and request the City Council and the Agency to vote against the Amendments . The following are the written findings of the City Council in response to such communication: With respect to the allegation that the merger is unconstitutional, Mr. Gale has presented the City with no evidence of any court ruling substantiating this position. The City Council is not aware of any such ruling, or of any other evidence in support of this position. It is the belief of the City Council that merger of redevelopment project areas is not prohibited by the California Constitution. 960628 C1371-00001 sas 1672598 1 B-2-1 City Council Resolution No. 96-065 Page 7 of 27 The remaining comments are comments on the DEIR, not an objection to the Fifth Amendment and Second Amendment . All comments on the DEIR which were timely received are addressed in the Comments and Responses portion of the final EIR (the "FEIR" ) . Mr. Gale' s letter, attached as Exhibit A-2, was received after the public comment period on the DEIR was closed; thus, no response is required to be contained in the FEIR. Accordingly, no response is required from the City or Agency. Nevertheless, the City Council responds as follows : Regarding the comment that the DEIR contains an incorrect assumption on page 2-11 that the project shall contribute its proportionate share of the costs to certain regional improvements, Mr. Gale alleges that redevelopment funds cannot be used for these mitigation measures. On the contrary, pursuant to Health and Safety Code Section 33445, redevelopment funds can be used for public improvements outside the redevelopment project area, so long as certain findings can be made. One of the required findings is that the public improvement be "of benefit" to the project area. Providing a mitigation measure necessary to permit redevelopment of the project area benefits the project area. Further, even if redevelopment funds are not available, City funds can be used for these improvements . Regarding the comment that the DEIR does not accurately compare the Project Alternative with the No Project Alternative, this comment appears to be based on Mr. Gale' s argument that the DEIR "exaggerates the benefits of the project alternative" . This assumption ignores the fact that the no project alternative would not allow the project area to benefit from several roadway infrastructure improvements that would be directly funded by the redevelopment action. See EIR Section 3 . 7 . 1, Public Improvements . The Project Alternative also provides a systematic program for the implementation of the mitigation measures. The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Mr. Gale are hereby overruled and the suggestion that the City Council and Agency not adopt the Amendments is not accepted. 960628 C1371-00001 sas 1672598 1 13-2-2 City Council Resolution No. 96-065 Page g of 27 The preceding Exhibit "A-3, " which is incorporated herein by reference, is a written communication from Mr. Charles M. Gale, Cameron, Madden, Pearlson, Gale and Sellars, on behalf of Niklor Chemical Co. , Inc. , John and Myra Wilhelm, and Stephen and Elizabeth Wilhelm, addressed to the City and Agency, dated June 17, 1996 . In such communication, Mr. Gale alleges that the Report to City Council on the Fifth Amendment and the Second Amendment (the "Report" ) does not contain information sufficient to support a finding of blight -- that the facts do not support the conclusions and that there is no attempt to identify how the conditions of blight cause a reduction of or lack of proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community. He alleges that the survey of physical conditions is defective because it does not contain a description of the methodology used to gather the information or a description of the qualifications of those conducting the survey. Mr. Gale also alleges that the categories are vague and ill-defined and that it appears that a building could be classified as dilapidated and deteriorated only because it needs a coat of paint or that a building which only lacks landscaping could be classified as suffering from substandard design. Mr. Gale alleges that the analysis of depreciated assessed valuation in the Report is defective because it fails to differentiate the decline in property values in the area added to Project Area Nos . Two and Three by the Fifth Amendment and the Second Amendment (the "Added Area" ) from the general decline in assessed values in the Southern California region. He indicates his expectation that the analysis would contain a comparison of the decline in assessed valuation of property in the Added Area with the decline in assessed valuation of property in the City and the region over the past five years. He also asserts that it is no longer true that valuations can be expected to increase by 2 percent per year and has not been the experience of the older developed cities in Southern California for the last five years . Mr. Gale alleges that the data in the Report contained in the discussion of declining industrial property sales prices does not support a finding that the Added Area is blighted because it contains no data on sales occurring in the Added Area and does not document that sales elsewhere in the City are indicative of values in the Added Area. Mr. Gale alleges that the discussion in the Report regarding business license information is misleading because figures for a one-year period are not reliable for an area the size of the Added Area and because the indicated decline was caused by a decrease of only two licenses . Mr. Gale alleges that the analysis of crime in the Report is misleading because the correlation between the 960628 C1371-00001 sas 1672598 1 B-3-1 City Council Resolution No. 96-065 Page 9 of 27 reporting areas and the Added Area is not explained (with no indication of whether the Added Area is a relatively large or small portion of the reporting areas) . He also alleges that the reliance on a one-year "snapshot" from 1994-95 is misleading since the Report actually shows a significant decrease in criminal activity over a four-year period. Mr. Gale alleges that the discussion in the Report regarding building permit activity is invalid because it is based on City-wide data and no information is presented which allows a conclusion that City-wide conditions are comparable to the Added Area. He also alleges that the decline in building permit activity from 1991 through 1995 is readily explained by the reduction in real estate development activity in the entire Southern California region. Mr. Gale alleges that the discussion in the Report regarding inadequate public infrastructure consists entirely of conclusory statements unsupported by any facts. Mr. Gale alleges that the Report mistakenly states that the Added Area is contiguous to existing project areas because one parcel (located on Lomita Boulevard approximately midway between Main Street and Avalon Boulevard) is not contiguous and does not appear to be described. Therefore, he alleges that it is impossible to make a finding that all non-contiguous areas are either blighted or necessary for effective redevelopment . Mr. Gale asserts that the method of relocation contained in the Report is inadequate and incorrectly attaches the relocation assistance law instead of the Relocation Guidelines as purported. Mr. Gale alleges that the neighborhood impact report contained in the Report is not sufficiently detailed for project areas residents to evaluate the impact of the project on their lives . In addition, he alleges that since the neighborhood impact report discloses that implementation of the redevelopment plan could result in the displacement of as many as 189 households, a project area committee should have been formed. Mr Gale alleges that the Comments and Responses portion of the FEIR for the Fifth Amendment and the Second Amendment does not include three letters received during the comment period (letter dated May 7, 1996 from Caltrans; letter dated May 2, 1996 from the County of Los Angeles Fire Department; and letter dated April 12, 1996 from the California Regional Water Quality Control Board, Los Angeles Region) . In conclusion, Mr. Gale requests that the City Council and Agency vote against the amendments . The following are the written findings of the City Council in response to such communication: 960628 C1371-00001 sas 1672598 1 B-3-2 City Council Resolution No. 96-065 Page 10 of 27 With respect to the allegation that the survey of physical conditions is defective because it does not contain a description of the methodology used to gather the information or a description of the qualifications of those conducting the survey, pages B-3 and B-4 of the Report describe the methodology used to gather information (a physical survey conducted by the Agency' s redevelopment consultant, with accompanying photographs, and research of City records and other data sources) . As for the qualifications of those conducting the survey, the survey was conducted by the Agency' s redevelopment consultant, Rosenow Spevacek Group, Inc. ( "RSG" ) , a qualified, professional and established redevelopment consulting firm, which has been providing redevelopment consulting services, including redevelopment plan adoptions and amendments, for 17 years and which has assisted governmental entities with over 60 adoptions, mergers, and amendments. The survey and all plan amendment work was supervised by Felise Acosta of RSG, the managing principal in charge of this project . Ms . Acosta has over 20 years of direct redevelopment experience. Ms . Acosta was assisted on this project by Ramona Castaneda, Associate and Michelle Loving, Analyst . For a statement of RSG' s qualifications and resumes of those individuals who conducted the survey, reference is made to RSG' s Statement of Qualifications, on file with the Carson Community Development Department . Pages B-3 and B-4 of the Report describe the criteria used to conduct the survey for determining the presence of blighting conditions. The categories utilized to describe the conditions of blight are reflective of the California Community Redevelopment Law (Health and Safety Code 33000, et sea. ) (the "Redevelopment Law" ) and are accepted in the professional community. With respect to the allegation that the categories are vague and ill-defined and that it appears that a building could be classified as dilapidated and deteriorated only because it needs a coat of paint or that a building which only lacks land- scaping could be classified as suffering from substandard design, none of the surveyed parcels that were identified as dilapidated or deteriorated only need a coat of paint (any parcel designated as suffering from dilapidation or deterioration was found to be unfit or unsafe for occupancy) and none of the parcels classified as suffering from substandard design lack only landscaping. All of the parcels suffering from substandard design are either too narrow in physical layout given current market development demands or are partially vacant and underutilized. The lack of landscaping is noted as substandard design because, even in industrial areas, any new development would be required to comply with design guidelines and have a certain amount of landscaping. Further the Tables in Section B of the Report provide summaries of survey results which are further detailed by parcel in Appendices 1 and 2 of the Report-- allowing for a determination of the seriousness of the conditions in the Added Area. 960628 C1371-00001 sas 1672598 1 B-3-3 City Council Resolution No. 96-065 Page 11 of 27 With respect to the allegation that the identified blight does not constitute a serious physical and economic burden on the community, the documentation provided in the Report provides sufficient data and evidence for the City Council and Agency to make such a determination. When taken together, all of the conditions of physical and economic blight documented in the Report provide sufficient information and data to support the conclusion that conditions within the Added Area do constitute a serious physical and economic burden on the community which has not been alleviated by private enterprise acting alone . The Report documents that approximately 98 percent of the total land area in the Added Area suffer from conditions of blight, with approximately 68 percent of the parcels suffering from blighting conditions, and that the Added Area suffers from other blighting conditions which cannot be directly linked to a specific parcel . These blighting conditions are so substantial and prevalent that they cause a reduction of, and lack of, proper utilization of the area to the detriment of the health, safety, and welfare of the people of Carson. With respect to the allegation regarding depreciated assessed valuation, with the exception of fiscal year 1995-96, the Los Angeles County Assessor has imposed an inflation factor of 2 percent over the past five years on secured property. Therefore, the statement that secured assessed valuations are expected to increase annually up to a maximum of 2 percent is true and correct . The inflation factor for 1995-96 utilized by all county assessors statewide was 1 . 19 percent . Additionally, Table B-4 on page B-10 of the Report was revised to include the City of Carson' s secured assessed valuations for fiscal years 1992-93 and 1993-94 in order to provide a better comparison between the Added Area and the City (and shows an increase in City assessed valuation from fiscal year 1994-95 to fiscal year 1995-96 while the Added Area suffered a decrease) . Unfor- tunately, the County of Los Angeles is unable or unwilling to provide this data for the County for these two years. Secured assessed valuations for the Added Area, City, and County are not readily available or easily accessible for fiscal year 1991-92 ; therefore, a four year comparison was made rather than a five year comparison. With respect to the allegation regarding the data contained in the Report' s discussion of declining industrial property sales prices, it is stated in the Report that because there are only 28 parcels in the Added Area and none have sold recently, Citywide sales data of industrial properties was utilized and used as an indicator for the Added Area. Since the Added Area consists primarily of industrial parcels, it is reasonable to assume that the Citywide industrial data is applicable to the Added Area. Given such large decreases in sales values, shown in Table B-6 of the Report, it is reasonable to assume that these decreases are attributable to more than the overall decline of real estate values in the region. 960628 C1371-00001 sas 1672598 1 B-3-4 City Council Resolution No. 96-065 Page 12. of 27 With respect to the allegation that the discussion of business license information in the Report is misleading, it is true that the Added Area is very small and there was a decrease of only two licenses from 1994 to 1995 . However, Table B-7 shows a steady decrease in the Added Area in the number of business licenses issued from 1992 to 1995 (compared to Citywide increases or a much smaller decrease [from 1994 to 95] for the same time period) . It is this three years of decreases, and not just one year, that is significant and reflective of the overall decline of the Added Area. With respect to the allegation that the analysis of crime is misleading, the correlation between the Added Area and reporting districts is that the County of Los Angeles Sheriff' s Department, which provides police services to the City, tabulates its crime data by reporting districts. The County Sheriff ' s Department identified and provided data for their reporting districts which cover the Added Area. The Added Area constitutes only a small portion (less than 20 percent) of each of the three districts . Nonetheless, reporting district data was used in the crime analysis because crime data is not available on a parcel level . In response to the comment that Table B-8 actually shows a significant decrease in criminal activity over the four year period, there was a significant increase from 1994 to 1995 in the number of crimes committed, which indicates that there is currently an increasing crime rate. With respect to the allegation that the discussion of building permit activity is invalid, Citywide data was used as an indicator for the Added Area because building permit data is not currently available for only the Added Area. Because the majority of the Added Area is comprised of industrial property, and as shown on Table B-9, the industrial valuation of building permits issued dropped by over $30 million from 1994 to 1995, it can be reasonably concluded that Citywide conditions are comparable to the Added Area. Such a significant decrease of over $30 million in industrial valuation of building permits cannot only be attributed to reduced real estate development activity in the entire Southern California region. With respect to the allegation that the discussion of inadequate public infrastructure consists entirely of conclusory statements, the discussion of inadequate public infrastructure on page B-14 of the Report is based on previous City studies conducted in 1994 and the City' s Five Year Capital Improvement Plan. These studies identify the inadequate infrastructure cataloged in the Report . RSG subsequently verified with the City (during the amendment preparation process) that the listed infrastructure was still considered inadequate. With respect to the allegation that the Report mistakenly states that the Added Area is contiguous to existing project areas because one parcel (located on Lomita Boulevard approximately midway between Main Street and Avalon Boulevard) is 960628 C1371-00001 sas 1672598 1 B-3-5 City Council Resolution No. 96-065 Page 13 of 27 not contiguous and does not appear to be described, the area in question is actually comprised of three parcels which are contiguous to the area being added via a portion of the Lomita Boulevard right-of-way. Even though Exhibit 1 of the Report does not clearly show that the area in question is contiguous, Exhibit A in the Fifth Amendment to the Redevelopment Plan for Project Area No. Two and the full size map sent to the State Board of Equalization, Los Angeles County Assessor and the other affected taxing entities shows the area as being contiguous . The full size map of the Added Area was also on display at the public information meeting held on April 16, 1996 and at the Joint Public Hearing held on June 18, 1996 . The conditions of this area are included as part of the third subarea discussion on page B-8 of the Report . The Report documents, on pages B-9 through B- 14, that each of the noncontiguous areas suffers from physical and economic blighting conditions which predominate in each area and injuriously affect the Added Area. With respect to the allegation that the method of relocation is inadequate and incorrectly attaches the relocation assistance law instead of the Relocation Guidelines, the Agency has adopted and intends to comply with the State Department of Housing and Community Development Relocation Guidelines . The correct documents were properly incorporated by reference and the clerical error regarding the wrong attachment has been corrected. In an effort to provide the most meaningful method of relocation to guide Agency activities, the Agency' s Method of Relocation for the Carson Merged and Amended Project Area is general in nature (because the need to relocate households, if such need arises, will arise from activities years in the future) , yet it provides for a concise procedure for the Agency to follow to evaluate and plan for any displacements which may be created by Agency activities . Prior to commencement of any acquisition activity which will cause displacement of residents, the Agency will adopt a specific relocation plan in accordance with the Redevelopment Law. The Agency' s current acquisition efforts in Project Area No. Two were initiated by the preparation of a detailed site specific relocation plan as called for in the Agency' s prior and current Method of Relocation. With respect to the allegation that the Neighborhood Impact Report is not sufficiently detailed and that a project area committee should have been formed, the Neighborhood Impact Report provides a reasonable amount of detail given that the Agency' s implementation plan for the Added Area only calls for the improvement of infrastructure . The Neighborhood Impact Report provides a best and worst case scenario of revitalization of the Added Area by setting forth the maximum number of housing units that could be affected over time (the Amended and Restated Redevelopment Plan does not present a specific plan for the redevelopment of any area, but instead, establishes a process and framework for implementation over the duration of the Redevelopment Plan). A project area committee was not established because, as presented in the Report, there is 960628 C1371-00001 sas 1672598 1 B-3-6 City Council Resolution No. 96-065 Page 14 of 27 currently only 1 residential dwelling unit in the Added Area. The other 188 dwelling units identified in the Neighborhood Impact Report are planned units and will not be completed for some time, if ever. With respect to the allegation that the Comments and Responses portion of the FEIR does not include three letters received during the comment period, all three referenced letters relate to the EIR for the Sixth Amendment to Project Area No. 1 (not to the subject EIR for the Fifth and Second Amendment) , and are addressed in the Comments and Responses to that EIR. The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Mr. Gale are hereby overruled and the suggestion that the City Council and Agency not adopt the Amendments is not accepted. 960628 C1371-00001 sas 1672598 1 B-3-7 City Council Resolution No. 96-065 Page 15 of 27 The preceding Exhibit "A-4, " which is incorporated herein by reference, is a written communication from Ms . Kaye E. Tucker, Tucker and Baum, on behalf of Robert Stein, Ronald Stein and William Levine and TST, Inc . , addressed to the Mr. Adolfo Reyes, dated May 15, 1996, and a written communication from Ms . Kaye E. Tucker, on behalf of Alpert & Alpert Iron & Metal Company I, Alpert & Alpert Iron & Metal, Inc . d/b/a Alpert & Alpert, Inc . , and Clean Steel, Inc. , addressed to Mr. Adolfo Reyes, dated May 16, 1996 . In such communications, Ms . Tucker alleges that the merger of Project Area No. Two and Project Area No. Three could jeopardize the tax status of the existing debt for Project Area No. Two (assuming that the merger results in the cancellation of projects and/or programs in Project Area No. Two for which the 1992 and 1993 bonds were floated and the money earmarked in order to use the money in Project Area No. Three and/or provide money to a single owner in Project Area No. Three) . The following are the written findings of the City Council in response to such written communication: The Agency and the City Council, with advice from Agency counsel, bond counsel, staff and consultants, is aware of the limitations on the use of tax-exempt bond proceeds and the Agency has no intention of using tax exempt bond proceeds in a manner that would jeopardize such bonds' tax-exempt status . The Agency intends to comply with all of its covenants with respect to any outstanding bonds for Project Area No. Two or Project Area No. Three, including any covenants regarding the maintenance of the tax-exempt status of the bonds . The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Ms . Tucker are hereby overruled. 960628 C1371-00001 sas 1672598 1 B-4-1 City Council Resolution No. 96-065 Page 16 of 27 The preceding Exhibit "A-5, " which is incorporated herein by reference, is a written communication from Ms . Kaye E. Tucker, Tucker and Baum, on behalf of Robert Stein, Ronald Stein and William Levine and TST, Inc. , addressed to Mr. Adolfo Reyes, dated June 18, 1996 . In such communication, Ms . Tucker repeats the concern that the merger could jeopardize the tax-exempt status of the existing debt . In addition, Ms . Tucker alleges that news of the proposed merger will bring about more publicity and will continue to lessen sales and rental activity, curtail maintenance of land and buildings and forestall new development in the area. She asserts that because the Agency does not have the funds necessary to implement the Redevelopment Plan, the "stigma" damages TST is likely to suffer in the future will increase by virtue of the proposed merger. Ms . Tucker also asserts (based on the Implementation Plan dated December 21, 1994) that TST does not believe that there will be any significant public benefit as a result of the proposed merger because the Agency will not be able to acquire the properties in Project Area No. Three necessary to carry out the goals of the Plan. The following are the written findings of the City Council in response to such communication: With respect to the concern regarding the tax-exempt status of outstanding bonds, that concern has been addressed in Exhibit B-4 . With respect to the concern that news of the merger will lessen sales and rental activity, curtail maintenance of land and buildings and forestall new development in the area, the City Council and Agency anticipates that the merger will provide the Agency with the needed flexibility and resources to address blight within Project Area No. Two, Project Area No. Three and the Added Area, thereby stimulating interest and investment in the areas and encouraging property owners to maintain their properties . The City Council anticipates that such effects will be positive in that it is the goal of the City Council and the Agency to improve and enhance the conditions in Project Area No. Two, Project Area No. Three and the Added Area by undertaking appropriate redevelopment projects pursuant to the Redevelopment Law. Implementation of the redevelopment plan for the merged project area will improve the economic and physical conditions in the project areas and promote the health, safety and welfare of the residents and taxpayers of the area. With respect to the allegation that the Agency does not have the funds necessary to implement the redevelopment plan and acquire property in Project Area No. Three, the Agency' s inability to finance redevelopment activities in Project Area No. Three is one of the primary reasons for consideration of the 960628 C1371-00001 sas 1672598 1 B-5-1 City Council Resolution No. 96-065 Page 17 of 27 merger. Because Project Area No. Two and Project Area No. Three are adjacent to one another, the blighting conditions found in one area adversely effect the revitalization of the other area. The merger will allow the Agency to pursue and fund revitalization of both areas in a coordinated manner, thereby creating the greatest benefit with the least amount of funds expended. Under the Redevelopment Law, tax increment attributable to each constituent project area may be allocated to the entire merged project area to finance the merged redevelopment project (except that tax increment will first be used to pay indebtedness to the extent that prior to the merger, the Agency incurred indebtedness on behalf of a constituent project area) . The City Council disagrees with the allegation that what is in the Five Year Plan with regard to projects and revenues is not feasible. The Report in Section E provides detailed financial estimates of revenues and expenditures for the merged project area and provides updates to the five-year cash flow and makes findings showing the merger is feasible . Consistent with established Agency policies, the Agency will move forward with the revitalization of Project Area No. Three by prudently using its financial resources . It will select only those projects that have the highest opportunity to succeed and have the greatest impact on Project Area No. Three, Project Area No. Two and the City at large . Further, the Agency will not proceed with a specific revitalization project without first studying estimated project costs . The examination of project costs would include, if applicable, property acquisition costs, relocation assistance costs, and compensable loss of goodwill costs . Only after reviewing such costs and determining that it has the financial resources available would the Agency consider pursing such a project . The Agency will continue its practice of encouraging owner participation in redevelopment activities in both Project Area No. Two and Project Area No. Three, as well as assisting or providing needed infrastructure to support its redevelopment activities . The Agency' s Five Year Implementation Plan sets forth the Agency' s desired projects and programs to meet the Five Year Plan' s goals and objectives. The Five Year Plan additionally estimates the costs of these potential projects and programs, as well as estimate anticipated revenues . The Five Year Plan was amended in February of 1995 to provide for the redevelopment of the Cormier Chevrolet site in Project Area No. Three. The Report also provides an updated look at the extent of expenditures and receipt of revenues since the Five Year Plan' s adoption in December of 1994 . The Agency' s desire to merge Project Area No. Two and Project Area No. Three reflects the Agency' s desire to deal with the continuing blight in both areas, as well as the need to better utilize Agency resources to implement its revitalization efforts. Pursuant to the Redevelopment Law, the Agency will hold a public hearing some time before December of 1996 to review its progress . As part of the Five Year Plan' s review hearing, actual program expenditures and revenues will be 960628 C1371-00001 sas 1672598 1 B-5-2 City Council Resolution N0. 96-065 Page 18 of 27 presented to the Agency including an update on the needs and conditions within the project areas . The Agency may determine that it is necessary to amend the Five Year Plan to address specific concerns or may reallocate resources to programs and projects according to need. The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Ms . Tucker are hereby overruled. 960628 C1371-00001 sas 1672598 1 B-5-3 City Council Resolution No. 96-065 Page 19 of 27 The preceding Exhibit "A-6, " which is incorporated herein by reference, is a written communication from Ms . Gretchen B. Farrell and Ms . Kay Cummings, Carson Courtyard Cafe, addressed to the Mayor and City Council, dated June 11, 1996 . In such communication, Ms. Farrell and Ms. Cummings express concern that two of the parcels they own (Parcel No. 7406-025-029 -- developed with a restaurant and Parcel No. 7406- 025-023 -- a corner vacant lot) are included in the Added Area, but that a third parcel they own (Parcel No. 7406-025-028) is not . They state their belief that it would be more beneficial if all three parcels were treated alike and fear they may not be able to develop all three parcels as a single parcel or to sell the three parcels as a single parcel . They also fear that putting the two parcels in a project area will produce even more city restrictions which will make it difficult to develop the properties and find tenants . They also express their disturbance at being subject to eminent domain and having a cloud on their title. They also allege that Parcel No. 7406-025-029 is not blighted and that Parcel No. 7406-025-023 is too small to develop, except in conjunction with the other contiguous parcels . The following are the written findings of the City Council in response to such communication: The City Council' s and Agency' s purpose of adding area to Project Area No. Two was to identify and include only those parcels which were found to be blighted or necessary for effective redevelopment . Only two of the three parcels referred to in the letter qualified to be in a redevelopment project area. At the time of conducting the survey which documented the conditions existing in the Added Area, the parcel developed with the restaurant was in need of redevelopment . The corner parcel was and still is of substandard size and vacant and, therefore, in need of redevelopment . Although the restaurant has been refurbished, this parcel is necessary for effective redevelopment because of its proximity to the small vacant corner parcel . City staff and the Agency' s redevelopment consultant have explained in detail procedures for applying for a Certificate of Conformance . When an application for a Certificate of Conformance is submitted, the Agency will review the application and grant or deny the Certificate of Conformance. If a Certificate of Conformance is granted, the Agency waives its right of eminent domain with respect to the property pursuant to certain conditions being met . Agency staff has advised the owners that there is a strong possibility that the restaurant parcel will qualify for a Certificate of Conformance. In any event, the Agency intends to accomplish all redevelopment with as little displacement as possible and will make every effort to accomplish redevelopment without the use of eminent domain. A goal of the Agency and City Council is to accomplish the 960628 C1371-00001 sas 1672598 1 B-6-1 City Council Resolution No. 96-065 Page 20 of 27 retention and expansion of as many existing businesses as possible by means of redevelopment and rehabilitation activities and by encouraging and assisting the cooperation and participation of owners and businesses. There are no current plans to condemn the owners' property. Inclusion of two of the three parcels in a redevelopment project area will not diminish the owners' control of the two parcels and will not hinder the ability of the small corner parcel from borrowing parking from the adjacent larger parcel, especially when the parcels in question are owned by the same persons . Similarly, the owners will not be precluded from reconfiguring existing buildings, landscaping, and parking as long as the reconfiguration meets City standards (reconfiguration must meet City standards regardless of whether or not the parcels are in a redevelopment project area) . Inclusion of the two parcels in a redevelopment project area will not pose a threat to the owners' ability to carry out a common architectural theme . On the contrary, the Agency encourages adjacent buildings to have one common architectural theme for design continuity. Because the three parcels are owned by your family, the property can be viewed as one large corner piece for purposes of selling them. Inclusion of the two parcels in a redevelopment project area will not necessarily produce more City restrictions . The redevelopment plan provides for uses that are consistent with the City' s General Plan and Zoning Ordinance. The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Ms . Farrell and Ms . Cummings are hereby overruled and the suggestion to delete their property from the Added Area is not accepted. 960628 C1371-00001 sas 1672598 1 B-6-2 City Council Resolution No. 96-065 Page 21 of 27 The preceding Exhibit "A-7, " which is incorporated herein by reference, is a written communication from Mr. Gerald C. Weeks, Vice President, Watson Land Company, addressed to the City, dated June 17, 1996 . In such communication, Mr. Weeks requests further clarification of two issues prior to certification of the FEIR for the Fifth Amendment and the Second Amendment, as follows : 1 . The DEIR assumes a potential buildout of approximately 1 . 5 million square feet of new development in the Watson Corporate Center, but Watson Land Company provided the City with a development concept with 2 .2 million square feet of new development at the Watson Corporate Center. Mr. Weeks requests clarification that the amount of build-out potential listed in the EIR for the Watson Corporate Center is not intended to be, and will not be construed in the future, as a finite limitation of future development, but is merely intended to be an indication of a range of the level of development that may occur in the future for purposes of analyzing the overall potential environmental impacts from development within the project area. 2 . Mr. Weeks requests clarification in the FEIR that all future development projects within the Project Area will be required to participate in a fair-share funding program to provide needed improvements at intersections for acceptable levels of service. The following are the written findings of the City Council in response to such written communication: The comment is a comment on the EIR, not an objection to the Redevelopment Plan. All comments on the EIR timely received are addressed in the Comments and Responses portion of the Final EIR. Comment A-7 was received after the public comment period on the EIR was closed; thus, no response is required to be contained in the EIR. Accordingly, no response is required from the City or Agency. Nevertheless, the City Council responds as follows : Regarding the first comment, the amount of build-out potential listed in the EIR for the Watson Corporate Center is not intended to be a finite limitation of future development . A project specific EIR will be prepared for the Watson Corporate Center; the contract with a consultant to prepare that EIR has already been executed. Regarding the second comment, the formula for a fair- share funding program has not yet been established. The funding mechanism for these improvements will be established at the appropriate time; this program EIR is not the appropriate vehicle for that purpose. 960628 C1371-00001 sas 1672598 1 B-7-1 City Council Resolution No. 96-065 Page 22 of 27 The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Mr. Weeks are hereby overruled. 960628 C1371-00001 sas 1672598 1 B-7-2 City Council Resolution No. 96-065 Page 23 of 27 The preceding Exhibit "A-8, " which is incorporated herein by reference, is a written communication from Mr. David Yamahara, Assistant Deputy Director, Planning Division, County of Los Angeles, Department of Public Works, addressed to Mr. James Campbell, City of Carson, dated May 21, 1996 . The following are the written findings of the City Council in response to such communication: The comment is a comment on the EIR, not an objection to the Amendments. All comments on the EIR timely received are addressed in the Comments and Responses portion of the Final EIR. Comment A-8 was received after the public comment period on the EIR was closed; thus, no response is required to be contained in the EIR. Accordingly, no response is required from the City or Agency. Nevertheless, the City Council responds as follows : Drainage Planning The commentator states that there are several unmet storm drainage needs in the proposed project area, and that these should be addressed. Mitigation Measure W-1 specifies that individual projects should be reviewed by the City and that their drainage characteristics accommodated with proper design. As a separate but related matter, the Carson Street storm drain between Wilmington and Alameda would be improved as part of the public improvement program. Please see Section 3 . 7 . 1 of the Project Description. Environmental Programs The commentator discusses particulars of the California Solid Waste Reuse and Recycling Access Act of 1991 . The EIR discusses the City' s compliance efforts with this and AB 939 in Section 5 . 10, Utilities and Services. The EIR provides the mitigation measures to mitigate cumulative impacts. Please see measures US-7 (a) , (b) , and (c) . The commentator' s suggestion to provide standards for "waste storage areas" is noted, and will be considered by the decision-makers . The commentator discusses information provided in the EIR regarding the shortage of Los Angeles County landfill space, and the impact of demolition activity on the solid waste stream. See preceding response, and proposed mitigation measure US-7 (b) , which encourages use of recycled materials in new construction. The EIR includes a discussion of hazardous materials in Section 5 . 7, Hazards . The issue of household hazardous waste is noted. All proposed new development would be required to comply with federal, state, regional, and local law and ordinances related to the disposal of such materials . 960628 C1371-00001 sas 1672598 1 B-8-1 City Council Resolution No. 96-065 Page 24 of 27 Hydraulic/Water Conservation In response to this information, page 5 .4-1 of the EIR will be modified as follows : Historically, flooding problems have occurred in low lying areas and in areas where slopes are very flat and peak storm flows are unable to be quickly conveyed into the stormwater collection system. The City is divided by the Dominguez Channel, a regional flood control system operated and maintained by the County of Los Angeles Department of ; ji' ;i;; g Flows in the City are conveyed by several networks of large drainage facilities to Dominguez Channel . Areas of the City that do not convey flows to the Dominguez Channel include the very southwest portion of the City and two smaller areas to the northeast . The EIR incorporates the City of Carson Master Plan of Drainage (1987) by reference. Page 6 if that document states that the level of protection assumed is 10- , 25- year events . Facilities that are served by sumps or natural water courses are assumed to provide 25-year event protection. Street flow and storm drains are assumed to handle 10-year events . The commentator reminds the City of Carson that, for storm drainage systems that would be transferred to the County of Los Angeles, county standards must be met . The information that the Master Plan of Drainage states that a reasonable level of flood protection is provided and that two locations are susceptible to flooding hazards is not necessarily inconsistent . The Master Plan recommends follow-up study, prioritization of improvements, and pursuit of new funding mechanisms for areas which experience flooding problems . The commentator recommends that the City consider on- site detention basins as an alternative to the production of storm drainage systems . He outlines several benefits of this approach to flood control, which are duly noted. It should be noted that the proposed project is a highly urbanized environment, and that the flood control system is largely in place . In some cases, larger redevelopment projects may have an opportunity to incorporate on-site retention or retardation systems, and such an approach would be desirable. Materials Engineering The commentator reiterates information provided in the EIR. Please see Section 5 .3 , Geologic Problems . Traffic and Lighting Measures to mitigate project impacts area outlined in the Draft EIR. The ICU calculation sheets provided in the 960628 C1371-00001 sas 1672598 1 13-8-2 City Council Resolution No. 96-065 Page 25 of 27 Technical Appendix indicate that these measures will adequately mitigate the project impacts to a level of insignificance. The technical evaluations applied in the traffic analysis are consistent with those outlined in the County' s Traffic/Access Guidelines . Due to the relatively large size of the project area, a list of study intersections was developed in consultation with City staff and the City' s Consulting Traffic Engineer to provide representative data regarding the potential impacts assuming maximum allowable development data of all parcels in the project area. As plans are submitted for development of individual parcels, a more focused review will be applied by the City of the roadway system that will be the most immediately impacted and any related improvements will be conditioned to these projects . Waterworks and Sewer Maintenance In response to the comment, Section 5 . 10, Utilities and Services, will be modified as follows : The City of Carson contracts with the County Sanitation Districts (CSD) of Los Angeles County to maintain the sewer lines within the City limits . The project area is within County Sanitation District #8 . CSD is—pai-t of—the Les Aiageles GeuntyDepartment of Publie Werks and is located in Whittier. The EIR, a program level document analyzing a redevelopment plan, cannot analyze site specific projects with a reasonable degree of accuracy at this time. Instead, the program EIR addresses site development-specific impacts through mitigation measure US-3, which requires individualized sewer studies which could be used by both City and County to understand case-by-case impacts on lines. The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Mr. Yamahara are hereby overruled and the suggestions made by Mr. Yamahara are not accepted, except as otherwise indicated herein. 960628 C1371-00001 sas 1672598 1 B-8-3 City Council Resolution No. 96-065 Page 26 of 27 The preceding Exhibit "A-9, which is incorporated herein by reference, is a written communication from Mr. Bill Piazza, Environmental Health and Safety Branch, Los Angeles Unified School District, addressed to Ms. Joan Friedman, dated June 17, 1996 . In such communication, Mr. Piazza responds to the City' s response to the District' s concerns regarding air quality impacts associated with projects involving heavy construction and related earthmoving activities. He alleges that it appears that the City discounts regulatory guidance and the appropriate methodology to assess air quality impacts and does not provide for a reasonable disclosure of the project' s potential to degrade local air quality. He further alleges that the City' s reliance on Section 15145 of CEQA is not valid for failure to conduct a "thorough investigation. " He also alleges that the City further discounted the need to prepare an appropriate analysis by noting that CEQA Section 15146 (b) does not require a detailed analysis for construction projects prepared under the auspices of an "amendment of a comprehensive zoning ordinance or a local general plan, " but that this Section does not preclude the City form preparing an analysis with enough detail to determine project significance . He alleges that the City' s claim of no impact appears speculative and that the City provides no quantification or related documentation to validate the viability of their claim that the mitigation measures will be effective nor do they dispute the District' s analysis and conclusion of potential significance; and that the determination of impact presented by the District remains unmitigated. The District requests that the FEIR contain the following: "The City of Carson and the Los Angeles Unified School District (LAUSD) shall develop a mutually acceptable methodology for a detailed analysis of construction related emissions . The methodology shall involve coordination with LAUSD staff to develop an approach, mitigation measures, control efficiencies to be applied to site-specific activities, as well as appropriate mitigation measures beyond standard regulatory require- ments where on-site control measures are not effective in reducing impacts to a level of significance . " The following are the written findings of the City Council in response to such communication: The comment is a comment on the EIR, not an objection to the Amendments . All comments on the EIR timely received are addressed in the Comments and Responses portion of the Final EIR. Comment A-9 was received after the public comment period on the EIR was closed; thus, no response is required to be contained in the EIR. Accordingly, no response is required from the City or Agency. Nevertheless, the City Council responds as follows : 960628 C1371-00001 sas 1672598 1 B_9-1 City Council Resolution No. 96-065 Page 27 of 27 The comment consists of an objection to the response offered to the May 14, 1996 letter from Joan Friedman of the District, contained in the Comments and Responses section of the FEIR. The City stands by the previous responses . As part of the previous response, a modified form of the requested new mitigation measure was added to Section 5 . 9 (Public Services) of the EIR. See page 9-32 of Comments and Responses portion of FEIR. Regarding the comment that the City did not undertake a thorough analysis of air quality impacts, the comment ignores the fact that this is a program EIR, prepared for a redevelopment plan. As such, the City does not know at this time the precise location of each specific development project authorized by the redevelopment plan. If appropriate, additional site specific air quality analysis will be prepared for specific development projects . The City Council finds that on the basis of information in the record and the foregoing specific response, the objections stated by Mr. Piazza are hereby overruled. 960628 C1371-00001 sas 1672598 1 B-9-2