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Home My WebLink AboutS24 - Mesa-Birch Park SiteCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S24 July 25, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2006 -_ Mesa -Birch Park Site Santa Ana Heights ISSUE: Should the City Council adopt a resolution relating to redevelopment law findings for the Mesa -Birch Park in Santa Ana Heights? RECOMMENDATION: Adopt Resolution 2006- making findings relating to the conveyance of public property from the County to the City for the Mesa -Birch Park. DISCUSSION: Background: The Santa Ana Heights region is within a redevelopment area, which means that property taxes generated above a certain "base year' are allocated according to a "redevelopment plan" to both remove blight within the Santa Ana Heights neighborhood and to provide low- and moderate - income housing in the region. The County of Orange administers the redevelopment area via its OCDA. Santa Ana Heights has a Specific Plan (which shows zoning and land uses) and a Redevelopment Plan (which shows, among other things, specific improvements that will eliminate blight in a "project area "). The City adopted the Santa Ana Heights Specific Plan when the City annexed the eastern Santa Ana Heights area effective July 1, 2003. The Redevelopment Plan yields to the General Plan of the County and of the City where noted in the Redevelopment Plan. Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 2 Santa Ana Heights has limited park space, excepting the large expanse of the Upper Newport Bay Nature Preserve and the roughly 2 -acre "Bayview Park" at the easternmost end of Mesa Drive. Almost all of the Birch Street and Acacia Street area of SAH is zoned `Business Park" in the Specific Plan. In recent years, many of the non - conforming uses (single- and multi- family residences) along Birch Street and Acacia Street have been replaced by modern office structures. The Business Park designation was part of an effort to reduce residential uses that are subjected to significant noise from John Wayne Airport. The southeast corner of Mesa Drive and Birch Street is also zoned "BP" and is also slated for development. Two parcels at the corner (APNs 439 - 381 -02 and 439 - 381 -01 or 2081 Mesa Drive) and a portion of another parcel are today owned by the OCDA. These parcels are highlighted below: Mesa -Birch Parcels In 1994, the Santa Ana Heights Project Advisory Committee (PAC) corresponded both with the County and the City to ask that the parcels NOT be used for parking associated with the Business Park development. Instead, the PAC asked that the parcels be used Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 3 for a "passive park." On July 13, 2004, the City Council agreed with PAC, a short time later, the County concurred. The City then embarked upon a planning process for the proposed park. We hired Dave Pederson of David A. Pederson, Inc. to develop the following design — the PAC, the Parks, Beaches, and Recreation (PB &R) Commission, and the City Council each saw the design and approved it in concept. $250,000 in redevelopment funds are set aside for the design and construction of the park. Mr. Pederson is now in final design stages. In order to construct the park, the City must own the parcel. In February 2006, City and County staff developed a Property Conveyance Agreement including the following Terms and Conditions: • A deed restriction requiring the parcels to be used as parkland • The City to develop the park within two years. • The City must maintain the monument sign at the comer of Mesa and Birch • The City must protect existing utility easements • The City must vacate the former Birch Street alignment • The City must make findings associated with the use of RDA funds for this Project (see Attachment B — CA Health and Safety Code Section 33445) Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 4 Manage and maintain the park in perpetuity. The property will be transferred in "as is" condition The City will work with SAH PAC and to "be sensitive" to the needs of area residents during the construction of the park. Council approved those Terms and Conditions at its February 14, 2006 meeting, including authorization for the Mayor to sign the Property Conveyance Agreement (he later did so). This agenda item allows the City to meet the obligation under the Agreement relating to Health and Safety Code Section 33445, which requires us to adopt a resolution making specific findings about blight and the redevelopment plan. These findings are: (a) That the Park will be of benefit to the Project Area. Additional open space and park amenities will be created by this project, which will primarily be used by residents within the Project Area and visitors to the Project Area. (b) That no other reasonable method of financing the conveyance of the Property for the development of the Park is available to the community. The most reasonable method of financing the conveyance of the Property for the development of the Park is to use RDA funds. There are no other direct sources of funds available to the Santa Ana Heights Community, given that the City has a long list of park sites in need of finances for park construction already. (c) That the Park will assist in the elimination of one or more blighting conditions inside the Project Area. One blighting condition listed in the Orange County Development Agency's Redevelopment Plan for the Santa Ana Heights Project Area is the presence of inadequate public facilities. As noted in Section L (5) of the Plan, "the Project Area is currently lacking a significant level of public improvements, including "recreational facilities. The proposed park is a recreational facility. (d) That the Agency's conveyance of the Property for the development of the Park is consistent with the Agency's current Implementation Plan. The proposed Project is consistent with the current Implementation Plan (OCDA 2005 -06 Budget and Work Program, Work Program Section, Activity B (4) — "Continue activities to plan, design, and construct the public improvement projects prioritized as "A" projects by the Project Advisory Committee ( "PAC')...'). Committee Action: The Santa Ana Heights Project Advisory Committee (PAC) supports this project. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 5 Funding Availability /Potential Future General Fund Impact: As noted, funding for capital projects like park development in Santa Ana Heights is available within the OCDA's annual allocations of tax increment. Should OCDA honor the City's request to hold the site for the future development of a passive park, and if a park was developed on the lots, the City would be responsible for funding the park maintenance and enforcement costs. Redevelopment funds are not allowed to be used for these purposes. General Services today estimates this amount to be roughly $10,000 per year. Submitted by: D6W Kiff Assistant City Manager Attachments: A — Resolution 2006- Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 6 RESOLUTION 2006 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA MAKING FINDINGS UNDER HEALTH AND SAFETY CODE SECTION 33446 RELATING TO THE CONVEYANCE OF PUBLIC PROPERTY TO THE CITY OF NEWPORT BEACH SO THAT THE CITY OF NEWPORT BEACH MAY DEVELOP THE PROPERTY TO BE USED AS A PASSIVE PUBLIC PARK WHEREAS: A. The Board of Supervisors (the 'Board ") of the County of Orange (the "County ") has adopted the Redevelopment Plan for the Santa Ana Heights Project Area, as amended (the "Redevelopment Plan "). B. The Orange County Development Agency (the "Agency ") is vested with responsibility pursuant to the Community Redevelopment Law (Part 1 of Division 24 of Health and Safety Code of the State of California) (the "Law ") to implement the Redevelopment Plan in the Project Area. C. The Santa Ana Heights Project Area is in need of public open space to provide the Project Area with community recreational activities. D. The City of Newport Beach (the "City ") seeks to acquire land for and to construct a Passive Public Park (the "Park ") to provide public open space and community recreational activities to the Santa Ana Heights Project Area and other areas in the City and in the unincorporated Resolution Relating to the Mesa -Birch Pails July 25, 2006 Page 7 area of the County. The Agency is willing to convey land (the "Property ") to the City for the Park at no cost to the City. E. The land acquisition, new construction and improvement conform to the General Plans of the City and the County. F. The Park will address the goals and objectives of the Redevelopment Plan for the Project Area by alleviating blighting conditions, improving public safety, increasing the availability of public space and providing recreational opportunities to those who live or work in the Project Area. G. The Park is consistent with and will promote the Agency's Implementation Plan. H. A staff report (the "Staff Report," incorporated herein by reference), which sets forth facts supporting the findings made in this resolution pursuant to Section 33445 of the Health and Safety Code, has been prepared to accompany this resolution. I. Pursuant to Health and Safety Code Section 33445, the Agency may, with the consent of City and the Board of Supervisors, convey to the City the Property for the development of the Park, if the City and Board of Supervisors make certain specified findings. NOW, THEREFORE BE IT RESOLVED that the City does hereby find and resolve: 1. That all of the above recitals are true and correct and the City has based the findings and actions set forth in this Resolution, in part of such recitals. 2. That the City hereby finds and determines that: (a) the Park will be of benefit to the Project Area; (b) no other reasonable method of financing the conveyance of the Property for the development of the Park is available to the community; (c) the Park will Resolution Relating to the Mesa -Birch Park July 25, 2006 Page 8 assist in the elimination of one or more blighting conditions inside the Project Area; and (d) the Agency's conveyance of the Property for the development of the Park is consistent with the Agency's current Implementation Plan. The factual and analytical basis used by the City in making these findings and determinations is set forth in the Staff Report, and materials regarding the Park provided to the City. 3. The City hereby authorizes the Mayor or his designee to execute the Property Conveyance Agreement on behalf of the City subject to such minor changes as shall be approved by the City Manager and City Attorney, and further authorizes the Mayor or his designee to accept on behalf of the City the conveyance of the property for the Park. 4. That this Resolution will take effect immediately upon adoption. ADOPTED this 25th Day of July, 2006 DON WEBB Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk