1 Deliverable: Work Element Restorative Justice
Restorative Justice Framework and Policy - DRAFT
Table of Contents
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Section Content
Section 1- Executive Summary Summarizes the key takeaways from the Restorative Justice Framework (RJF).
Section 2 – Project Context Provides context for the specific harms that the RJF intends to address.
Section 3- Methodology Outlines the methodology to develop the RJF.
Section 4- Background Describes the approaches and theories of restorative justice that informed this process
Section 5- Defining Pasadena-
Focused Restorative Justice
Introduces Pasadena’s working definition of restorative justice for the SR-710 vision plan. This includes a set of guiding principles that ground this work and support the case study analysis and identification of promising practices.
Section 6- Restorative Justice
Elements
Establishes elements of restorative justice that the City may employ. This includes interventions that address the following:
(1) acknowledging the past, (2) establishing inclusive
processes, (3) focusing on equitable outcomes, and (4)
promising tools that support the City’s restorative justice goals.
Section 7- Restorative Justice Case
Study Analysis
Analyzes case studies to surface relevant examples of how other jurisdictions have applied concepts of restorative justice.
The case studies will be part of the final Restorative Justice Framework, informing recommendations, best practices, and pathways for the City of Pasadena’s consideration.
Attachment A - Restorative Justice Framework and Policy Document 2 Section 8- Pasadena- Focused
Restorative Justice Promising
Practices
Summarizes input from the 710 Advisory Group, 710 Advisory Group subcommittees, and the broader public. This section informs the prioritization of the restorative justice elements and recommendations.
Section 9- Recommendations:
Outlines recommendations to inform the City’s Reconnect Pasadena Vision Plan process. Together, these items will act as the north star for the RJF.
1. Executive Summary
Introduction
Estolano Advisors (EA) developed a Draft Restorative Justice Framework (RJF) for the City of Pasadena to inform the 710 “stub” Vision Plan. The research was grounded in theoretical, historical, and case study analyses, with the goal of producing a tool that helps the City of Pasadena weigh land use, development, sustainability, and mobility options. To support the planning process, the consultant team worked with the City of Pasadena and project stakeholders to develop the following: (1) a working definition of restorative justice, (2) an overview of key restorative justice themes and promising practices; (3) a list of key restorative justice elements to help weigh options and measure success; and (4) a set of case studies that contain relevant best practices for the City of Pasadena. Using these inputs, the consultant team created a list of recommendations to inform the City’s next steps.
Pasadena's Restorative Justice Definition
The guidance and feedback of several stakeholders – including representatives from City Council, city staff, and the 710 Advisory Group – informed Pasadena’s working definition of restorative justice:
Restorative Justice is a dynamic process which takes action to repair direct and indirect harms caused by the proposed construction of the 710 and the construction of the 210 freeways and their broader impact in Pasadena. It will identify, publicly inform, officially acknowledge, respond to, and remedy these injustices through open and responsive engagement with the disproportionately impacted communities. This will ensure the development of community-driven solutions, including non-repetition of harm, integrated through the vision plan design elements for City Council’s consideration.
Key Themes
EA reviewed academic literature to guide the development of Pasadena’s RJF and surface key themes. Restorative, transformative, and reparative planning frameworks are theoretical approaches developed to address harms such as displacement, gentrification, and environmental injustice.
3 Remedy, healing, restitution, and reform are key themes for these planning approaches.
They emphasize the needs of unfairly burdened communities and ask decision-makers to examine – and address – the underlying conditions that harm marginalized groups.
Participants may define success by evaluating the depth of community engagement, the inclusivity of the decision-making process, as well as the outcomes for priority populations Restorative Justice Elements
The literature review informed the development of practices, interventions, and approaches that ground Pasadena’s Restorative Justice Framework. These elements highlight model policies, inclusive processes, and holistic evaluation criteria from across the country. For Pasadena, these draft Restorative Justice Elements can be used to examine alternatives, articulate priorities, and ensure alignment between community members and local government.
The Restorative Justice Elements are grouped into four categories:
• Past: acknowledging historic harms
• Process: fostering inclusive engagement to ensure community priorities and preferences are clearly defined
• Outcomes: evaluation frameworks to measure progress
• Tools: promising policy interventions that support more equitable outcomes Within these four categories, there are 12 elements:
1) Historical Acknowledgement (past): The project connects to the historical legacy of a project that harmed a marginalized community. The history of the project is acknowledged, documented, and incorporated in future planning efforts, with an eye for creating interventions that respond to historic inequities. 2) Open Dialogue (process): A formal mechanism whereby impacted community members are heard. This allows them to air grievances with the expectation that decision-makers will take action to address their issue(s) and recognize the importance of their lived experiences.
3) Clear Feedback Process (process): The project has a transparent and accessible mechanism for community members and local leaders to provide feedback.
Community members have a clear understanding of how their input will be considered and incorporated into the final product.
4) Co-Creation Planning (process): The planning process is collaborative and considers the community as a designer and decision-maker. It acknowledges that community members are well-equipped to articulate what they want to see in their community.
5) Support Community Oversight (outcomes): The project gives community representatives an official supervisory duty, formally establishing their role in the implementation process.
6) Impacted Communities Wealth Generation (outcomes): The project articulates an inclusive approach to economic development. It specifies how wealth is generated, 4 who stands to gain financially, and identifies the populations that are typically excluded. It includes mechanisms for impacted low-income communities to share in the project’s economic benefits.
7) Policy Adoption (outcomes): The project led to city-wide policy implementation. This could include a variety of opportunities that meet Restorative Justice priorities such as, updating the city-wide approach to community engagement, adopting policies that require community benefits agreements when certain conditions are met, and/or formalizing mechanisms that enable community members to formally prioritize investment priorities (e.g., participatory budgeting).
8) Community Benefits Agreement (tools): A legally binding agreement between community representatives and a developer that defines specific benefits. These may include construction and operations labor standards, provision of community spaces, and/or affordable housing requirements.
9) Affordable Housing (tools): The project includes required affordable housing units. 10) Procurement Intervention (tools): The project requires the inclusion of Disadvantaged Business Enterprises (DBE) and Minority/Women-Owned Business Enterprise (WMBE).
11) Small Business/Workforce Investment (tools): The project integrates a workforce training and/or small business development program for community members and entrepreneurs.
12) Hard Infrastructure (tools): The project includes public improvements – such as multi-modal transportation, open spaces and greening, sustainability enhancements, climate resilient infrastructure, and/or monuments.
Case Study Profiles
The consultant team used the elements listed above to screen for and evaluate promising practices in other jurisdictions. As part of the case study research, the consultant team identified projects from across the country that are pursuing inclusive, large-scale redevelopment projects like Pasadena’s. Researchers used the elements to evaluate case studies and surface projects, policies, and outcomes that were most aligned with Pasadena’s stated goals. Based on this analysis, three key case study profiles rose to the top:
• Portland, OR - Broadway Corridor Community Benefits Agreement:
The project area is a 32-acre site, 14 of which is a former United States Postal Service site and is located within the Central City in northwest Portland. It has the potential to create nearly four million square feet of new economic, business, social, and community development opportunities. Prosper Portland is pursuing the planning and redevelopment of the Broadway Corridor with an intentional focus on ensuring that all communities have an opportunity to engage in and benefit from its redevelopment. Robust community engagement informed the approved Vision Plan that will guide future development and priorities for public benefits via public and private investment.
• Portland, OR – I-5 Rose Quarter Improvement Project:
5 The I-5 Rose Quarter Improvement Project will construct a cap over a portion of I-5 that displaced members of the Black and Japanese Albina neighborhood in the 60s and 70s. These Reconnecting Communities projects support the reconnection of the previously displaced Northeast Albina neighborhood. This project will build a highway cover, new streets over the highway to connect existing streets, a pedestrian bridge, ramp to ramp highway connections, and relocate the I-5 South-bound off ramp to increase mobility, safety and connection in Northeast Albina. Benefits include improving safety and mobility on local streets, creating new space for community development, and developing a diverse and skilled workforce. • St. Paul, MN – Reconnect Rondo:
This project aims "to create Minnesota’s first African American cultural enterprise district connected by a community land bridge."i The aim is to repair, restore, and revitalize the Rondo neighborhood and address the racial disparity gaps in Minnesota. The project's benefits will help improve the realities for African Americans in Minnesota while addressing the historical harms inflicted by the construction of the I-94 freeway. The concept for this project is "restorative development," where the project provides new housing, jobs, business, and nonprofit workspace. Ultimately, the goal is to inclusively grow Rondo’s economic base and increase the City's revenues by $3.8 - 4.2 million annually.ii
Promising Practices for Pasadena
This section analyzes community input and the current utilization of the restorative justice element in Pasadena. This will incorporate landscape research, additional landscape research on the Pasadena context, and key information from the Reconnecting Pasadena Vision Plan process to articulate the applicability of the restorative justice element.
Here are current examples of each restorative justice element and its utilization in the City of Pasadena.
Restorative Justice
Element Definition Current Application in
Pasadena
Open Dialogue (OD)
A formal mechanism
whereby impacted
community members are
heard. This allows them to
air grievances with the
expectation that decision-
makers will take action to
address their issue(s) and
recognizes the importance
of their lived experiences.
Our Pasadena- Putting the
Plan in Motion
The City of Pasadena’s
Planning and Community
Development Department
launched the Our Pasadena
Plan in 2018. The process
has included a series of
community open houses and
rounds of community
workshops to collect input
6 on the City’s General and
Specific Plans.
Clear Feedback
Process (CFP)
The project has a
transparent and accessible
mechanism for community
members and local leaders
to provide feedback.
Community members have
a clear understanding of
how their input will be
considered and
incorporated into the final
product.
Reconnecting
Communities 710
Advisory Group (RCAG)
The RCAG was formed by
the Pasadena City Council
and members appointed to
provide a mechanism in
Pasadena’s planning
process that creates
opportunity for residents and
local stakeholders to weigh
in, give feedback to the
ongoing process, and advise
council members.
Co-Creation
Planning (CCP)*
*This is a very high bar
requiring community members
to have decision-making
authority in the process.
The planning process is
collaborative and
considers the community
as a designer and
decision-maker. It
acknowledges that
community members are
well-equipped to articulate
what they want to see in
their community.
None
Historical
Acknowledgement
(HA)
The project connects to the
historical legacy of a
planning or development
project that harmed an
under-resourced or
marginalized community.
The history of the project is
acknowledged,
documented, and
incorporated in future
planning efforts, with an
eye for creating
interventions that respond
to historic inequities.
Historic Report on the SR-
710 Displacement
Part of the City of
Pasadena’s scope for the
710 Planning process
includes the Historic Project
work led by three
consultants, ARG, Allegra,
and UCLA. ARG will
document the demographics
of the people displaced &
number, types of buildings,
and institutions. Allegra is
tasked with identifying
persons or descendants of
persons displaced or
7 impacted by the construction
of the 710 freeway. UCLA
will document the impact the
construction of 710 and 210
freeways had on the
Pasadena community by
analyzing census data from
1950 to the present and
other factors like redlining,
racial covenants, and urban
renewal.
Impacted
Communities
Wealth Generation
(ICWG)
The project articulates an
inclusive approach to
economic development. It
specifies how wealth is
generated, who stands to
gain financially, and
specifies the populations
that are typically excluded.
It includes mechanisms for
impacted low-income
communities to share in
the project’s economic
benefits.
Pasadena Local
Preference and Priority
System Guidelines
The City of Pasadena
outlines preference and
prioritization requirements to
allocate affordable housing
units. Sixth priority is given
to households that have
been “involuntarily
displaced” from the City.
*Although California’s Prop
209 bars public agencies
from giving preference
based on race or gender,
preference to directly
impacted community
members is not.
Support Community
Oversight (SCO)
The project gives
community representatives
an official supervisory duty,
formally establishing their
role in the implementation
process.
None
Community
Benefits Agreement
(CBA)
A legally binding
agreement between
community representatives
and a developer that
Heritage Square Senior
Apartments – Local
Benefits Plan
8 defines specific benefits.
These may include
construction and
operations labor
standards, provision of
community spaces, and/or
affordable housing
requirements.
Housing developers
negotiated a local benefits
plan with the Fair Oaks
Project Area Committee to
codify community benefits
including workforce,
contracting, and housing.
Affordable Housing
(AH)**
**Can be part of CBA
The project includes
required affordable
housing units.
PMC 17.42.040-
Inclusionary Housing
Ordinance
Pasadena’s Zoning Code
requires 20 percent of
residential dwelling units in a
project be sold or rented at
an affordable rate.
Procurement
Intervention (PI)
The project requires the
inclusion of Disadvantaged
Business Enterprises
(DBE) and
Minority/Women-Owned
Business Enterprise
(WMBE).
Pasadena First Buy Local
Where applicable, the City of
Pasadena offers a 5 percent
bid preference to certified
small businesses and local
businesses in procurement,
contracting, and hiring
efforts. Prop 209 precludes
preferences for minority or
women-owned businesses
in public contracting.
Small
Business/Workforce
Investment (SBWI)
The project integrates a
workforce training and/or
small business
development program for
community members and
entrepreneurs.
First Source Hiring
Program – This is a
program that creates
voluntary and mandatory
local hire requirements for
development projects.
Hard Infrastructure
(HI)
The project includes
specific multi-modal
transportation
improvements, open
spaces and urban
Reconnecting Pasadena
710 Vision Plan Process –
This project seeks to
“enhance connectivity,
mobility and quality of life” in
9 greening, sustainability
enhancements, climate
resilient infrastructure, and
monuments.
and around the 710 Stub
through “transportation
infrastructure, economic
opportunities, cultural
attractions and green
space.”
Policy Adoption
(PA)
The project led to city-wide
policy implementation. This
could include updating the
approach to community
engagement for all
planning projects, adopting
policies that require
community benefits
agreements when certain
conditions are met, and/or
formalizing mechanisms
that enable community
members to formally
prioritize investment
priorities (e.g., participatory
budgeting).
None
Based on the current utilization in Pasadena and community prioritization, here are the elements in which the City has the most opportunity to build promising practices. • Affordable Housing (AH): The current provision of 20% affordable housing in Pasadena’s zoning code presents an opportunity to steward the development of more housing for Pasadena’s most vulnerable residents. The City could increase this provision through the 710 Vision Plan.
• Historical Acknowledgement (HA): Akin to the ReConnect Rondo case study, the City of Pasadena could issue a formal apology codified through City Council acknowledging the harm caused by the construction of the freeway interchange that connected SR-710, SR-134, and I-210. The harm cited could include findings from the Historic Project work led by three consultants, ARG, Allegra, and UCLA. • Community Benefits Agreement (CBA): Similar to the Portland Broadway Corridor Community Benefits Agreement, the City could codify through City Council a community benefits plan to ensure all Pasadena residents have the opportunity to benefit from the subsequent development of the Site. Benefits could include but are not limited to provisions to promote workforce construction equity around hiring and
10 wages, targeted procurement requirements for disadvantaged business enterprises (DBE), and affordable housing requirements.
2. Project Context
2.1 – The 710 Harm
Caltrans’ decision to build a freeway interchange that connected State Routes 710, 134, and Interstate 210 (the SR-710 interchange) resulted in the displacement of residents and businesses – primarily low-income renters and people of color in Pasadena.iii An alternative route through the more sparsely populated Arroyo Seco adjacent to the Rose Bowl was heavily opposed by wealthy, white homeowners in areas such as La Cañada Flintridge and by groups such as the Pasadena Citizens Committee on Freeways.iv This opposition found a receptive audience in state elected leaders and Pasadena city officials at the time.v
The SR-710 interchange displaced an “active central business district,”vi characterized as a “walkable work community” of primarily Black and Japanese residents.vii This neighborhood was home to many prominent and thriving Black, Mexican, and Japanese-owned and led institutions in Pasadena, including Carrie McAdoo’s Grocery, Jesusita’s Tortilla Factory (now known as Mijares Restaurant), the Bellefontaine Nursery, James Woods Mortuary, and the 1st AME Church.viii Although many of the businesses relocated, the construction of the SR- 710 interchange fragmented a thriving community of color.
UCLA researchers found that, in 1950, the neighborhood where the SR-710 interchange was built was home to a diverse neighborhood where people of color comprised a majority.
However, by 1980, that share dropped to 23%.ix The SR-710 Interchange displaced more Black residents than any other racial group. In 1950, the Black community was the second largest racial group in the stub area. By 1980 there were fewer than 100 Black residents remaining, making the Black community the smallest racial group in the area.x
Restrictive covenants, codified in home deeds, left limited housing options for non-white households, forcing communities of color into a few neighborhoods. Throughout the country, these communities were systemically targeted as the preferred location for an expansive freeway network, leading to the displacement of many low-income residents of color, cultural institutions, and community-serving businesses.xi In the 1930’s the federal mortgage loan agency created policies that deemed communities of color as “hazardous” for mortage lending purposes.xii This practice, known as redlining, systematically undervalued properties and created barriers to homeownership for non-white residents. In 1962, when restrictive covenants and redlining became illegal, the City of Pasadena deemed formerly redlined communities as “blighted” to justify neighborhood demolition and redevelopment in a process called “urban renewal.”xiii
Although Caltrans ultimately facilitated the displacement, discriminatory redlining practices and the City’s restrictive housing policies supported residential segregation. By consigning lower-income people of color to neighborhoods that public and private institutions deemed less desirable, local actors played a role in the displacing residents and businesses. 11 Caltrans’ decision was informed by a local political landscape that prioritized the desires of wealthier, whiter residents, while setting aside the concerns voiced by Black residents and communities of color.xiv Furthermore, these same policies made it difficult for displaced residents of color to move into other Pasadena neighborhoods. The interchange represents another chapter in U.S. history where freeway construction disproportionately harmed communities of color by displacing families, lowering land values, and depressing rents.xv
2.2 – The Response
After building the interchange that displaced residents and businesses 60 years ago, the state never completed the freeway. In 2022, Caltrans relinquished portions of the SR-710 interchange to the City of Pasadena.xvi In that same year, the City received a U.S.
Department of Transportation (USDOT) Reconnecting Communities planning grant, creating an opportunity to address the 710’s legacy of displacement.xvii Utilizing this funding, the City of Pasadena began the Reconnecting Pasadena Vision Plan Process to develop land currently occupied by highway infrastructure. The goal of the vision plan is to redevelop the site for the benefit of Pasadena and its residents, with an emphasis on addressing the harms faced by communities that were displaced.
Through the vision planning effort, the City of Pasadena aims to set forth a reparative vision for this site -- one where investments, benefits, and the built environment respond to past harms and reflect a more inclusive future. The City engaged Perkins Eastman and Estolano Advisors (EA) to develop a Restorative Justice Framework (RJF) that will address the history of harm that the SR-710 interchange has brought to the surrounding community. The RJF will accompany and guide the visioning, planning and future re-development of the site, helping to ground decision-making and set forth a process by which the City, residents, businesses, and relevant stakeholders can evaluate the effects of proposed land use alternatives to repair and prevent future harm.
3.Methodology
In February 2024, the City secured Perkins Eastman as a Vision Plan consultant to develop a vision for the SR-710 study area. As part of the Perkins Eastman team, Estolano Advisors (EA) led the process of developing the Restorative Justice Framework (RJF). Outside of the Perkins Eastman team, additional consultants have been engaged to document the social, economic, and demographic history of the study area. The information gathered by this wider consultant team will also be integrated into final RJF document. Below, we outline the process to develop the RJF.
3.1 – Phase 1 Scope Refinement and Information Gathering (Q1 2024 – Q3 2024):
Staff from the City of Pasadena worked with the consultant team to conceptualize and refine the concept of restorative justice in the context of the SR-710 interchange. Initially, the EA team drafted a definition based on a literature review of racial justice and the guiding
12 principles included in the City of Pasadena’s General Plan. This definition was refined over the course of the project. Phase 1 activities included:
• Information gathering, landscape scan of restorative justice practices and principles in urban planning and development.
• Development of restorative justice guiding principles. • Definition of 12 core elements of restorative justice. • Identification of select case studies.
EA conducted an assessment and prioritization of case studies in coordination with the City.
The 12 elements were used to identify the most relevant case studies and will be deployed to inform the community’s prioritization of promising practices in Section 8 (“Promising Practices for Pasadena”). Section 7 (“Restorative Justice Case Study Analysis”) includes a description of the three most relevant case studies, while the appendix highlights two additional case studies.
3.2 – Phase 2 Options and Alternatives (Q3 2024 – Q1
2025):
The consultant team conducted case study research and refined the RJF through interviews with relevant stakeholders. The team also held a series of conversations with City staff and the City Council Ad Hoc Committee to present case studies, refine the restorative justice definition, and discuss the 12 RJF elements. The Reconnecting Communities Advisory Group, its subcommittee, and the broader public informed prioritization of restorative justice elements. Section 8 (“Promising Practices for Pasadena”) documents the outcomes of Phase 2. Ultimately, those promising practices will inform the policy recommendations in Section 9 (“Recommendations”).
3.3 – Phase 3 Plan Integration (Q1 2025- Q2 2025):
The final RJF will include findings and recommendations from Phases 1 and 2, codifying commitments and priorities in Section 9 (“Recommendations”).
13 4.Background
This section includes a primer on restorative justice in an urban planning context. It outlines how planning practitioners and decision-makers can recognize, acknowledge, and address historic harms. Because this report uses terminology that may not be widely recognized, the consultant team is listing the terms that we commonly use and explaining how this report defines those concepts.
4.1 – Commonly Used Terms
Pasadena 710 Project
• SR-710 Interchange: In the 1970’s the SR-710 Northern Interchange was constructed to connect the 710 Long Beach Freeway to the 210 and 134 freeways. The construction of the 710 was never completed, resulting in the 710 northern “stub.”xviii
• 710 Northen Stub: The northern stub is the area of land between Union Street, Columbia Street, St John Avenue and Pasadena Avenue. This area was relinquished to the City of Pasadena in 2022.xix
• Reconnecting Communities Grant: In 2023, the City of Pasadena was awarded a $2 million Reconnecting Communities grant from the US Department of Transportation (USDOT) to fund the planning of the 710-stub redevelopment.
The Reconnecting Communities and Neighborhoods (RCN) program is a federal infrastructure program operated by the USDOT to support community-centered connection projects that address the repercussions of previous transportation developments.xx
Urban Planning Harms
• Highway construction displacement: the forced removal of residents or businesses to build highways. The Federal Aid Highway Act of 1956 created a national movement of highway construction that resulted in 475,000 households and over one million people being displaced between 1957 to 1977.xxi As part of this process, property owners sold their properties to the public agency through “hardship acquisition” or “eminent domain.”xxii
• Redlining: a practice of discriminatory lending established by the Federal Housing Authority and the Home Owners Loan Corporation (HOLC) in 1933 that graded neighborhoods on the perceived risks of extending loans. The HOLC
14 assessed a neighborhood’s desirability using the race and ethnicity of residents, where neighborhoods with more residents of color were more likely to be assigned a “D” rating and “redlined.” Redlining increased the barriers to home ownership for communities of color and lowered property values in predominantly non-white neighborhoods.xxiii
• Urban Renewal: refers to the policy era in the 1950s and 1960s that leveraged funding from the 1949 American Housing Act and the 1956 Federal Aid Highway Act programs to demolish “blighted” neighborhoods in cities across the country.
Urban Renewal processes – like highway construction in Pasadena – displaced, separated, and destroyed many predominantly Black neighborhoods in the country.xxiv
Restorative Justice
• Harms: In restorative justice, harms involve an action that has a negative impact on an individual or community.xxv The displacement of neighborhood residents and businesses in and around the SR-710 stub is an example of a specific harm. • Reparative Justice: This is a framework that centers those who were harmed, with the intent of repairing past harm, stopping present harm, and preventing future harms from occurring through: 1) transformation, 2) restoration, and 3) nourish and uplift.xxvi
• Restorative Justice: This is a holistic and empathetic conflict remediation process that functions as an alternative to the conventionally punitive criminal justice system.xxvii Through this process, the victims, the offenders, and the broader community come together to define reparations, take accountability, and reconcile harms.xxviii
• Transformative Justice: This framework seeks to heal communities by transforming the systems that enabled harms. The approach focuses on rectifying underlying, systemic issues to prevent negative outcomes.xxix
Urban Planning Frameworks
• Rationalism/Rational Planning: This refers to a planning framework that uses objective reason to guide decision-making. It tends to value data and practitioner expertise over community input when making planning decisions. Large infrastructure projects like highways were developed during an era when rational planning was pervasive. xxx In Pasadena, rational planning was used to justify the alignment of the I-210 Foothill Freeway through a densely populated community of color, despite the objections of residents.xxxi
15 • Reparative Planning: This refers to a planning framework that addresses past planning harms. Reparative planning goes beyond the process of restorative planning by focusing on community empowerment and the historical and current context of racism and capitalism.xxxii
• Restorative Planning: This is a planning framework that aims to directly address and resolve past harms through remedy and reform.xxxiii • Transformative Planning: This refers to a planning framework that builds on the goals of restorative planning to address and repair harm with an understanding that the existing processes and procedures that create harm must be transformed to address the harms.xxxiv
4.2 – Critiques of Rational Planning Approaches
Traditionally, urban planners have operated under a top-down “rational” approach where planners and government officials make decisions for diverse constituencies with limited community input.xxxv These planning decisions historically created disproportionate burdens on communities of color, even if the intent was not explicitly discriminatory. Challenges in top-down planning approaches include:
• Power and Privilege: Rational Planning assumes that a planner’s professional expertise enables them to determine what is best for a community, privileging “scientific and technical knowledge over” the public’s lived experience.xxxvi Rational planning also perpetuates systemic inequities based on race, class, gender, and ability. Historically, practicing planners – as well as white-collar government officials and elected leaders – have not been fully representative of the diverse communities they serve. In cases where public input is considered, this creates an advantage for well-resourced communities that are able to navigate a system centered on protecting dominant white, middle-class interests. Under rational planning, this may lead to a narrow conception of what constitutes the public interest in community engagement and decision making. • Fractured Relationships: The power and privilege awarded to some community interests over others in rational planning creates distrust amongst historically harmed communities. The Allegra Group’s oral history research cited a lack of trust in the City’s efforts because of Pasadena’s role in perpetuating the displacement associated with the SR-710 interchange and I-210 freeway construction.xxxvii
• Biases and an Overreliance on Technical Expertise: A planner’s implicit biases can unconsciously guide decision making. As noted earlier, the planning profession has not historically represented the ethnic, racial, class, and gender identities of the communities they serve. Rational Planning assumes that a planner can and will understand the complexities and realities of a community
16 strictly through research and data.xxxviii By centering formal education and technical expertise, Rational Planning relegates decision-making to an elite group that often lacks transparency. For individuals and communities outside of this process, this framework can create confusion and perpetuate distrust in systems and the actors that uphold them.
17 4.3 – Theories of Restorative Justice in Planning
Figure 1: Restorative Justice Planning Frameworks
Figure 1 illustrates the relationship of planning frameworks to specific and systemic harms. The top row establishes how systemic harms like inequitable wealth generation and decision-making authority enable rational planning to perpetuate certain harms. The bottom row visualizes the evolution of planning frameworks from restorative, to transformative, then reparative and what each framework seeks to address.
In the past half century, in response to these critiques, alternative frameworks for planning for racial equity and community healing have created an evolving discourse in planning theory. These practices, focused on equity and repair, are rooted in philosophies of justice to address systemic harms. Below, we summarize these approaches to provide context for Pasadena’s approach.
18 1. Restorative Planning frameworks promote equitable communities and focus on repairing harm by adapting restorative justice models from the criminal justice system. Where practitioners in the legal field focus on healing interpersonal harms, restorative justice in planning and public policy spaces emphasizes addressing systemic inequities.xxxix In a 2014 analysis of restorative planning ethics, Lisa Schweitzer outlines a set of actions that public institutions and Planners must take to restore communities after a harm:xl a) Remedy of wrong
b) Healing and public atonement
c) Group-level compensation or restitution
d) Enacted reforms to confront historical institutional values.
2. Transformative Planning builds on restorative planning theories and requires practitioners to examine the systemic inequities that planning perpetuates.xli Transformative planning rests on the assumption that traditional planning approaches reinforce unfair social, health, and economic systems; and, thus, it is not the solution to repair harms.xlii The core tenants of transformative planning include the following:
a) Focus on the specific needs of diverse groups and the redistribution of resources
b) Define a process to challenge the structural inequities of status quo planning processes
c) Embed the intersections of oppressionsxliii
3. Reparative Planning incorporates Black radical thought into the framework of transformative planning to develop systems to repair communities.xliv Reparative planning expands on restorative planning frameworks by incorporating the following values: xlv
a) Recognize the history of racialized expropriation
b) Address the structural inequalities of power
c) Implementing material redistribution, adapting social hierarchies to make decision-making more just, and transforming spaces to acknowledge and center marginalized communities.
i.
For each of these frameworks, the core values can inform metrics to evaluate and assess processes and outcomes.
19 4.4 – Evaluating Restorative Justice in Practice
For Pasadena’s planning effort, the consultant team drew on the theories outlined above to create the 12 elements that inform the Restorative Justice Framework. The elements will serve as an evaluation tool for the City to assess land use alternatives and policies that may be incorporated into the approved mater plan. To provide additional context for the elements, we are including some key questions that informed the consultant team’s selection of the restorative justice elements:xlvi
a) Are there community and public spaces that are safe, inclusive, easy to access via public transport, and allow for access and use of space without spending money?
b) Is there adequate affordable housing?
c) Is the community served by sufficient amenities such as clean water, reliable electricity, high-speed internet, and regular refuse collection? d) Are there high-performing local schools and accessible leisure spaces? e) Does the current infrastructure support the local environmental sustainability and climate resilience goals?
f) Are there barriers hindering meaningful participation in planning processes? g) How can current urban planning processes change so that decision-making does not perpetuate structural inequalities?
h) What types of infrastructure are prioritized over others? Does this serve the needs of the community?
5. Defining Restorative Justice in Pasadena
5.1 – Pasadena’s Definition of Restorative Justice
Restorative Justice takes action to address past harm caused by construction of the 710 freeway in Pasadena. It seeks to identify, acknowledge, remedy, and respond to these harms through open and responsive engagement with impacted communities. Our goal is to develop meaningful community-identified solutions for City Council’s consideration.
This definition reflects iterative feedback from City staff, the City Council Ad Hoc Committee, the Advisory Group, and the community. The following subsections outline the process stakeholders used to define restorative justice for Pasadena and the 710 stub.
20 5.2 – Guiding Principles
Estolano Advisors reviewed the City of Pasadena’s General Plan land use Guiding Principles and highlighted four elements that are most aligned with the landscape of restorative justice principles:
1. Target growth to enhance quality of life
2. Community participation is welcomed
3. Regional leader
4. Economic vitality through jobs, services, and opportunities The consultant team pulled key themes from its landscape scan with these general plan principles in mind. City staff and the Ad Hoc Committee refined those themes to develop five guiding principles:
1. Acknowledge, respond to, and address past harm
(target growth, regional leader)
2. Engage all parties involved in harm
(community participation)
3. Open dialogue and communication
(community participation)
4. Accountability, honesty, and taking responsibility
(regional leader)
5. Resolution with community-supported interventions
(target growth, regional leader, economic vitality)
These principles will inform and guide how we define and evaluate restorative justice for the purpose of the SR-710 Vision Planning process.
5.3 Definitions of Restorative Justice
Estolano Advisors led an iterative process to draft and review the Pasadena-focused definition of Restorative Justice with City staff, the City Council Ad Hoc Committee (Ad Hoc Committee), and the Advisory Group. Through landscape research, EA proposed several potential definitions for restorative justice, including a planning- and process-focused approaches. City staff met with EA several times to adjust the definition’s language before presenting a working draft directly to the Ad Hoc Committee. After a July 31, 2024, meeting with the Ad Hoc Committee, comprised of Mayor Victor Gordo, Vice Mayor Steve Madison, Councilmember Jason Lyon, and Councilmember Tyron Hampton, the City confirmed the current working definition of Restorative Justice. For context, we are providing the process- and planning-focused definitions below:
21 Process-Focused: Restorative Justice is a process that engages impacted communities in a dialogue to address past harm. Participants collectively develop solutions focused on: (1) holding parties accountable for the harm caused and (2) by providing restitution to those harmed.1
Planning-Focused: Restorative Justice builds community by addressing and remedying the impacts of past harm perpetuated by government institutions. It asks decision- makers to account for historic wrongs by working with affected communities to co- develop solutions.2
Pasadena’s definition merges the process and planning approaches and aligns with Schweitzer’s criteria for restorative planning. This definition of Restorative Justice is the north star of the framework and will inform case study analysis, best practices, and planning decisions for the SR-710 stub. Using Pasadena’s working definition, and based on outcomes from the landscape scan, the consultant team developed the restorative justice framework elements described below.
6.Restorative Justice Elements
6.1 Twelve Restorative Justice Elements
The RJF led us to a working Restorative Justice definition for Pasadena. Based on that definition, restorative justice theories outlined in the RJF, and feedback from the Ad-Hoc committee, EA proceeded to develop a restorative justice case study analysis matrix (matrix) of ten significant project elements. These initial ten elements quickly expanded to thirteen as the team researched specific case studies and received feedback from City Staff and the Ad-Hoc Committee.
Using planning efforts that surfaced during the RJF landscape scan, and in consultation with the Advisory Committee and the UCLA historical consultants,xlvii EA began researching eight case studies. As the team began to measure these case studies against the thirteen restorative justice elements, EA expanded its analysis. This included a more explicit focus on highway construction-related projects and other U.S. Department of Transportation Reconnecting Communities Grant projects, which expanded the universe of total case studies reviewed to eighteen. Given that many examples were chosen because they responded to the socioeconomic, environmental, and policy implications related to highway
1 Here for reference only, The Pasadena-Focused definition will be used. 2 Here for reference only, The Pasadena-Focused definition will be used.
22 construction projects, EA eliminated one element: Highway Construction. This rounded out the list of twelve restorative justice elements.
Finally, after initial rounds of feedback from the City of Pasadena’s Executive committee and internal assessments within the Consultant team, Estolano Advisors concluded that the twelve elements should be divided into larger themed categories: (1) Past, (2) Process, (3) Outcomes, and (4) Tools. These four categories represent a more concise representation of how implementers of this framework should think about these restorative justice elements.
Estolano believes that these categories serve to make this conceptual material more digestible, while also presenting the opportunity to the City to better analyze its existing systems, programs, and policies. Those four categories, twelve elements, definitions, and examples are noted below:
RJ Element Definition Case Study Example
PAST
Historical
Acknowledgement
(HA)
The project connects to the historical
legacy of a planning or development
project that harmed an under-resourced or
marginalized community. The history of the
project is acknowledged, documented, and
incorporated in future planning efforts, with
an eye for creating interventions that
respond to historic inequities.
For this element, we ask: Does the project
go beyond acknowledging the historic
significance of this place? How does it
meaningfully incorporate lessons learned to
create more just and inclusive spaces?
St. Paul, MN – Reconnect Rondo
In 2015, the City of St. Paul and
Minnesota Department of
Transportation both issued a formal
and public apology for the
displacement and destruction of the
Rondo community for the
development of the I-94 highway. The
Rondo Commemorative Plaza also
acts as a physical historical landmark.
Stockton, CA - Downtown
Transformation Project
Caltrans is leading this project, not the
City, and revitalizing the area with
hard infrastructure that builds on TCP
grant funding to create greater multi-
modal options across the downtown
area. While mainly a hard
infrastructure place making project,
the agency and City have worked with
local CBOs like Little Manila Rising as
part of the historical acknowledgment
of the displacement of what was once
the largest Asian immigrant population
in the U.S.
23 PROCESS
Open Dialogue (OD)
A formal mechanism whereby impacted
community members are heard. This
allows people to air grievances with the
expectation that decision-makers will take
action to address their issue(s) and
recognize the importance of their lived
experiences.
Here EA asked: Does the case study
reflect responsive community engagement
through direct open dialogue with the
community?
St. Paul, MN – Reconnect Rondo
The state of Minnesota and the City of
St. Paul have opened several
channels for the community to speak
on the project, with ReConnect Rondo
serving as the community-led anchor
organization. ReConnect Rondo has
used community meetings,
partnerships with technical assistance
providers like the Urban Land
Institute, and non-traditional methods
of engagement like hackathons to
support diverse, community-led input.
Clear Feedback
Process (CFP)
The project has a transparent and
accessible mechanism for community
members and local leaders to provide
feedback. Community members have a
clear understanding of how their input will
be considered and incorporated into the
final product.
Here, we ask: Is there evidence that
community feedback was received by
diverse stakeholders and responded to
meaningfully?
Detroit, MI - I-375 Reconnecting
Communities Project
The project is analyzing the
community feedback to develop a
comprehensive Neighborhood
Framework Plan to serve as a
guideline for the vision and outcomes
of the project to benefit City and
community needs. In this way, the City
and State are looping back with
stakeholders by being responsive to
needs and directions to guide the
goals for the project.
Co-Creation
Planning (CCP)*
*This is a very high bar
requiring community
members to have decision-
making authority in the
process.
The planning process is collaborative and
considers the community as a designer and
decision-maker. It acknowledges that
community members are well-equipped to
articulate what they want to see in their
community.
Here, we ask: Does the community have
some direct influence on decision-making?
Portland, OR - Broadway Corridor
Community Benefits Agreement
The planning and engagement
process was guided by the goal of co-
designing the site with community
members early in the process. Robust
community engagement informed the
approved Vision Plan that will guide
future development and priorities for
public benefits via public and private
investment.
24 OUTCOMES
Support Community
Oversight (SCO)
The project gives community
representatives an official supervisory duty,
formally establishing their role in the
implementation process.
Here EA asks: How are impacted
communities ensuring accountability?
Los Angeles, CA - ULA Citizen
Oversight Committee
The Citizen Oversight Committee was
created to oversee and monitor the
implementation of Measure ULA
(United to House LA). This committee
is comprised of fifteen stakeholders to
manage and audit the funds
administered as part of the ULA
property sale tax for affordable
housing.
Impacted
Communities
Wealth Generation
(ICWG)
The project articulates an inclusive
approach to economic development. It
specifies how wealth is generated, who
stands to gain financially, and specifies the
populations that are typically excluded. It
includes mechanisms for impacted low-
income communities to share in the
project’s economic benefits.
Here EA asks: How does the impacted
community directly and financially benefit?
Evanston, IL - Local Reparations
Restorative Housing Program
Evanston, IL’s reparations for Black
residents’ program held community
meetings where residents consistently
lifted affordable housing and
economic development as priorities.
As a result, the first round of
reparations payments in Evanston, IL
was allocated to housing payments,
home improvements, and mortgage
assistance.
Policy Adoption
(PA)
The project led to city-wide policy
implementation. This could include
updating the approach to community
engagement for all planning projects,
adopting policies that require community
benefits agreements when certain
conditions are met, and/or formalizing
mechanisms that enable community
members to formally prioritize investment
priorities (e.g., participatory budgeting).
For this, we ask: Did this project lead to
lasting policy change beyond the study
area? Did community members and local
leaders institutionalize lessons learned,
best practices, and model policies?
San Jose, CA - Tenants Preference
Program
A citywide policy prioritizes
households facing significant
displacement risks when evaluating
affordable housing applicants. While
unrelated to highway construction, this
is an example of a mitigation policy to
reduce harm to low-income
communities where new real estate
development can exacerbate
residential displacement.
25 TOOLS
Community
Benefits Agreement
(CBA)
A legally binding agreement between
community representatives and a
developer that defines specific benefits.
These may include construction and
operations labor standards, provision of
community spaces, and/or affordable
housing requirements.
For this element, we ask: Does the project
incorporate a legally binding agreement
that articulates specific benefits, goals, and
accountability mechanisms that community
members can rely upon?
Portland, OR - Broadway Corridor
Community Benefits Agreement
Prosper Portland’s Broadway Corridor
community benefits agreement for the
redevelopment at the former USPS
site with the Portland Housing Bureau.
Community benefits include
construction and operations workforce
goals, wage standards, affordable
housing provisions, requirements to
provide opportunities for
underrepresented businesses and
entrepreneurs, sustainability
requirements, and community
oversight.
Affordable Housing
(AH)
***Can be part of CBA
The project includes required affordable
housing units.
Here, we ask: Does the project incorporate
an affordable housing component?
Portland, OR - Broadway Corridor
Community Benefits Agreement
A 10% affordable housing baseline is
set in the Broadway Corridor CBA,
with tenant preferences for Black,
Indigenous, Japanese, and Chinese-
American Communities.
Evanston, IL - Local Reparations
Restorative Housing Program
Evanston, IL’s reparations for Black
residents’ program held community
meetings where residents consistently
lifted affordable housing and
economic development as priorities.
As a result, the first round of
reparations payments in Evanston, IL
is allocated to housing payments,
home improvements, and mortgage
assistance.)
Procurement
Intervention (PI)
The project requires the inclusion of
Disadvantaged Business Enterprises
(DBE) and Minority/Women-Owned
Business Enterprise (WMBE).
Portland, OR - Broadway Corridor
Community Benefits Agreement
Prosper Portland’s Broadway Corridor
project included specific mechanisms
26 Here, we ask: Does the project include
mechanisms that support equitable
contracting opportunities that prioritize
disadvantaged businesses?
to expand contracting opportunities for
woman- and minority-owned
businesses during the construction
and operations phases.
Small
Business/Workforce
Investment (SBWI)
The project integrates a workforce training
and/or small business development
program for community members and
entrepreneurs.
Here, we ask: Does the project prioritize
investments and opportunities related to
small business entrepreneurship? Do those
investments target communities that bore
the negative effects of small business
displacement?
Inland Empire - IE Works - The
Inland Empire’s water and wastewater
utilities consortium, IE Works,
partnered with the California High
Road Training Partnership (HRTP),
and the US Department of Education
to develop pathways to water and
wastewater careers in the region. The
IE Works program creates internships,
pre-apprenticeship, and registered
apprenticeship programs that prioritize
women, Black and Latinx
communities, transition-age youth,
low-income communities, and those
re-entering the workforce.
Hard Infrastructure
(HI)
The project includes specific multi-modal
transportation improvements, open spaces
and urban greening, sustainability
enhancements, climate resilient
infrastructure, and monuments.
Here, we ask: Do infrastructure
improvements provide multiple benefits? To
whom do those benefits accrue? Who may
be harmed?
Detroit, MI - I-375 Reconnecting
Communities Project
The I-375 Reconnecting Communities
Project will guide a transformational
project that proposes to reconnect the
City of Detroit from the physical and
emotional division created decades
ago in the name of “urban renewal.”
The plan will replace I-375 and the
Gratiot Connector with a surface-level
boulevard and grid that creates a
mobility vision prioritizing pedestrians
in walkable connections.
7. Restorative Justice Case Study Analysis
7.1 – Case Study Analysis Overview
EA analyzed eighteen case studies and measured each against the twelve restorative justice elements. EA employed a matrix to evaluate how well each case study embodied
27 these twelve restorative justice framework elements. Below is an overview of the matrix’s function:
• The matrix uses a cumulative measurement system, with case studies that contain more framework elements receiving higher scores (e.g., least alignment = 0; most alignment = 13)
• If a particular element has “0,” this means the element is not present; if the element has a “1,” this means that it is present.
Based on the analysis, the average case study had roughly seven elements, with a range of three to eleven elements. The bolded and highlighted cases included the most restorative justice elements and aligned closely with the Pasadena-focused restorative justice definition. The most aligned case studies are:
1. Portland, OR - Broadway Corridor Community Benefits Agreement
2. Portland, OR – I-5 Rose Quarter Improvement Project
3. St. Paul, MN – Reconnect Rondo
Case Study Restorative Justice
Elements Present
Portland, OR- Broadway Corridor Community Benefits
Agreement
11 Portland, OR – I-5 Rose Quarter Improvement Project 10 St. Paul, MN – Reconnect Rondo 10
Austin, TX – I-35 Cap & Stitch 9
Detroit, MI – I-375 Reconnecting Communities Project 8 Evanston, IL - Restorative Housing Program 8
San Jose, CA- Google Community Investment Project 8
Atlanta, GA – The Stitch Phase 1 7
Los Angeles, CA – Transit Oriented Communities (TOC)
Incentive Program
7 New Orleans, LA – Reconnecting Claiborne 7
Rochester, NY – Inner Loop North Project 7
Philadelphia, PA – Chinatown Stitch 6
Los Angeles, CA – ULA Citizen Oversight Committee 5
Oakland, CA – Encampment Management Policy 5
Los Angeles, CA - Black Owned and Operated Community Land Trust
4 San Jose, CA - Tenants Preference Program 4
Stockton, CA Downtown Transformation Project 4
Inland Empire, CA - IE Works 3
28 7.2 – Case Study Trends
This section highlights key themes and takeaways from the matrix, revealing some insights for each stakeholders’ consideration.
Case Study Project Type
Key Trend/Takeaway
Historical Acknowledgement
Projects: 12
Roughly 61% of the case studies had elements of historical acknowledgment. This means 11 projects included a
component that marked the historical significance of a
community, populace, and/or individual(s) in the project area.
Impacted Communities Wealth
Generation Projects: 10
Nearly 56% of projects supported income and wealth
generation for impacted community members. This means
that over half the projects were focused on building
community wealth for underserved populations.
Reconnecting Communities
Grant Project: 9
Like the Pasadena SR-710 project, exactly half of the case studies are previous or current participants in the USDOT Reconnecting Communities Pilot Planning Grant program.
Support Community Oversight
Projects: 8
Roughly 44% of cases aligned with this element, which
indicates that, among this sample, community-led
accountability mechanisms are not widespread.
California-Based Projects: 8
California-based case studies accounted for less than half (44%) of the case studies. This ensured the opportunity for Pasadena to learn from other municipal and regional
approaches to restorative justice.
Community Benefits
Agreement Projects: 2
The least aligned element (11%) across projects may be
indicative of the relatively difficult task of codifying community benefits through a CBA. While community benefits like
income wealth generation (56%), small business support
(56%), or affordable housing (61%) were present in more case studies, only two had CBAs.
29 7.3 – Case Study Profiles
Below is a more in-depth analysis of the three most aligned case studies.
Portland, OR – Broadway Corridor Community Benefits
Agreement
BACKGROUND
The project area is a 32-acre site, 14 of which is a former United States Postal Service site and is located within the Central City in northwest Portland. The project area presents the potential to create nearly four million square feet of new economic, business, social, and community development opportunities.
The overall project is a part of the Central City 2035 Plan, with most of the properties within the Broadway Corridor owned by Prosper Portland, an economic and urban development agency for the City of Portland. Prosper Portland is pursuing the planning and redevelopment of the Broadway Corridor with an intentional focus on ensuring that all communities have an opportunity to engage in and benefit from its redevelopment.
Robust community engagement informed the approved Vision Plan that will guide future development and priorities for public benefits via public and private investment.
RESTORATIVE JUSTICE ELEMENTS PRESENT
PAST
Historical
Acknowledgment
The project’s explicit focus on benefiting disadvantaged communities is an acknowledgment that the City has fallen short of this effort in the past.
PROCESS
Open Dialogue
Mechanisms such as the Broadway Corridor Labor-Management Community Oversight Committee (LMCOC) and the Steering Committee allow for all parties involved to communicate throughout planning and implementation.
Clear Feedback
Process
The Steering Committee, town halls, and public engagement events allow for public feedback throughout the planning process.
Co-creation
Planning The planning and engagement process was guided by the goal of co- designing the site with community members early in the process. 30 OUTCOMES
Support
Community
Oversight
The Broadway Corridor Labor Management Community Oversight Committee (LMCOC) holds developers and employers accountable to the CBA goals.
Impacted
Communities
Wealth
Generation
The USPS Master Plan promotes equitable wealth creation by establishing opportunities for minority-owned small business participation, establishing wage standards for construction and operations, as well as by setting job recruitment and placement targets for historically underrepresented populations.
TOOLS
Community
Benefits
Agreement
A Community Benefits Agreement (CBA) has not been signed by a contracted developer for the project but was approved by Portland’s City Council in September 2020.xlviii
Affordable
Housing
A 10% affordable housing baseline is set in the CBA, with tenant preferences for Black, Indigenous, Japanese, and Chinese American Communities.
Procurement
Intervention
Business and workforce goals were set in the CBA that incentivizes minority- owned and COBID firms. While a developer has not implemented these requirements, City Agencies, including Prosper Portland have adhered to the CBA’s guidelines in their own procurement processes in the demolition and relocation of the USPS building.
Small Business
Workforce
Investment
$3 million invested toward affordable commercial tenanting.
RACIAL EQUITY IMPACT ASSESSMENT
Before the project began, Prosper Portland conducted a Racial Equity Impact Assessment to guide the project’s implementation. The document articulates a plan for Prosper Portland to achieve equitable outcomes for the project. “A Racial Equity Impact Analysis (REIA) is an assessment of how institutional racism historically impacts decision-making on a project and an analysis of how the project can be done differently to address historical inequities. According to Race Forward, a REIA is ‘used to reduce, eliminate, and prevent racial discrimination and inequities.’ A
31 REIA process examines who the affected stakeholders are in the project, identifies the racial inequities through data and analysis of past projects, and examines ways to interrupt the status quo through the decision- making process to lead to more equitable outcomes.”xlix
EQUITY AUDIT FINDINGS
The audit yielded ten ideas that act as grounding principles for this project:
1. Engage regionally diverse stakeholders
2. Hold a conversation about equity before the project starts
3. Structure deals with equity goals in mind
4. Find development partners who will achieve equity objectives.
5. Leverage equity goals from institutional partners and industry
6. Engage stakeholders in a meaningful and effective way
7. Check our own assumptions; question every process
8. Be more creative in finding ways to support minority owned and community owned assets.
9. Make the competitive process more welcoming, and designed in the eyes of those we want to include
10. Have a long-term perspectivel
OUTCOMES
While the original developer for the project backed out of the project during the COVID- 19 pandemic, the City of Portland unanimously approved the project’s CBA and overall language in September 2020.li This allowed the City of Portland to ensure that its agencies and bureaus met these standards of the CBA throughout their own project work on the site. As of January 2024, the demolition and movement of the USPS site has yielded the following outcomes:
• $36,000,000 has been spent on minority-owned firms.
• 93% of costs spent on the Certification Office for Business Inclusion and Diversity (COBID)
• 24% of total project hours were worked by apprentices, 70% by minority workers, and 20% by women
• Labor-Management Community Oversight Committee (LMOC) independently coordinates data tracking
PROCESS
Two members of the Prosper Equity Council (an internal organizational governing body focused on achieving equity through training, caucusing, meetings, etc.) facilitated five meetings with the Broadway Corridor Redevelopment Team. These meetings involved an equity audit of past projects with similar goals, highlighting lessons learned on project success. Following these meetings, Prosper Portland engaged with the project Steering Committee to:
32 • Use the equity audit to identify revised project goals and success metrics for the Broadway project.
• Identify a comprehensive list of stakeholders that may be involved in the vision planning process as key partners in implementing the project’s desired equity outcomes.
• Key partners are defined as – (1) Community Experts, (2) Partners, (3) Technical Experts, and (4) End Users
Portland, OR – I-5 Mitigation: Rose Quarter Improvement Project
BACKGROUND
In 2024, the I-5 Rose Quarter Improvement project was one of two projects addressing the negative impacts of I-5 in Portland, Oregon to receive Reconnecting Communities grant funding. The I-5 Rose Quarter Improvement Project will construct a cap over a portion of I-5 that displaced members of the Black and Japanese Albina neighborhood in the 60s and 70s.lii These Reconnecting Communities projects support the reconnection of the previously displaced Northeast Albina neighborhood.
The purpose is to improve safety and congestion where three major interstates converge and to reconnect the Albina neighborhood. This project will build a highway cover, new streets over the highway to connect existing streets, a pedestrian bridge, ramp to ramp highway connections, and relocate the I-5 South-bound off ramp to increase mobility, safety and connection in Northeast Albina. Benefits include improving safety and mobility on local streets, creating new space for community development, and developing a diverse and skilled workforce.liii
Before these communities were cut off from Downtown Portland by this interstate highway, they were redlined. Historians note that “in 1919, the Portland Realty Board mandated that real estate agents do not sell property to Black or Asian populations in ‘white neighborhoods,’ leaving them few other options outside Albina. This mandate wasn't changed until 1956.”liv Despite these racist policies, Albina turned into a thriving and culturally rich community by mid-century as the historic Vanport Flood and migration for jobs during World War II forced Black families to move to the neighborhood.lv By 1960 four out of five Black Portlanders lived in the neighborhood. However, urban renewal policies, the construction of the I-5 highway of the 70s, and the upzoning and gentrification of Albinalvi displaced hundreds of Black families.
33 RESTORATIVE JUSTICE ELEMENTS PRESENT
PAST
Historical
Acknowledgement
This project has a substantial historical element. It uses a documentary-style approach that employs community storytelling through video diaries. It stands as a living testament to the community, its history, and what occurred due to I-5’s construction.
PROCESS
Open Dialogue
The process has included several community-led bodies, including a Community Advisory Committee, the Historic Albina Advisory Board, the Community Oversight Advisory Committee, and the Executive Steering Committee.lvii
Clear Feedback
Process
The project established several clear lines of feedback for the community to engage with the City and the State. Initially, the Executive Steering Committee considered feedback from the Historic Albina Advisory Board (HAAB), the Community Oversight Advisory Committee (COAC), and the Independent Cover Assessment team. As of September 2021, the Historic Albina Advisory Board assumes the advisory role to the Oregon Department of Transportation.lviii
*Although ODOT’s process was intended to include clear community feedback, ODOT dissolved the Executive Steering Committee and created the HAAB in 2021 for criticism of the project.lix
OUTCOMES
Support
Community
Oversight
The Historic Albina Advisory Board plays a role in ensuring that community- led recommendations are conferred to ODOT, while the Community Oversight Advisory Committee monitors the construction contractor to ensure that DBE and workforce goals are met.lx
Impacted
Communities
Wealth Generation
The project includes several mechanisms to enable community wealth generation, including workforce development programs to build “capacity in local underrepresented populations to meet local construction workforce needs” and establishing a DBE/On-the-Job Training Advisory Committee to provide recommendations on project development.lxi
34 TOOLS
Procurement
Intervention
The construction contractor was required to develop a Diversity plan that articulated the DBE goal of ensuring that 18% to 22% of contracting opportunities go to disadvantaged enterprises. The plan also includes mechanisms to increase DBE participation and retention, including receiving technical assistance, training, and mentorship.lxii
Small Business
Workforce
Investment
The diversity plan also discusses the project's workforce and small business investment goals, as directed by the COAC. This includes working “with workforce providers to increase access for underrepresented local populations” and providing opportunities to “facilitate new relationships between minority subcontractors and prime contractors.”lxiii
Hard
Infrastructure
This is a transportation infrastructure project aimed at reducing traffic congestion through infrastructure upgrades. The goal is to increase neighborhood connections through local street improvements to offer greater visibility, protection, and access for people walking, biking, and rolling.
Improvements include:
o Highway Cover
o East-West Roadway crossing over I-5
o Multimodal Local Street Improvements
o Pedestrian and Bicycle Bridge
o Auxiliary Lanes and Shoulders
o I-5 Southbound Off-Ramp Relocation
Policy Adoption
The project, which originally started as a freeway widening project, exemplifies how community and local advocacy can drive policy adoption at the state level. The community’s desire to limit freeway expansions, include a freeway cap, and remove sensitive uses (e.g., schools) from the I-5 corridor led to changes in state policy. This includes allocating funding for the re-siting of Harriet Tubman Middle School, allocating funding to support the Albina Vision Trust’s freeway cap idea, and securing Reconnecting Communities grant to support cap construction without widening the freeway.lxiv
35 PROCESS & TIMELINElxv
2017: Oregon House Bill 2017 is passed partially funding the I-5 Rose Quarter Improvement Project. The Federal Highway Administration (FHWA) and ODOT initiated the National Environmental Policy Act (NEPA) environmental review process.
2018: The Central City 2035 Plan and 2035 Transportation Systems Plan are adopted and are included in the project. Metro includes this project in its 2018 Regional Transportation Plan.
2019: Oregon Department of Transportation (ODOT) and FHWA release the NEPA Environmental Assessment followed by a 45-day public comment period
2020: ODOT issues notice of intent to award a Construction Manager/General Contractor. ODOT and FHWA prepare a Revised Environmental Assessment and FHWA signs a “Finding of No Significant Impact” for the I-5 Rose Quarter Improvement Project
2021: ODOT dissolved the Executive Steering Committee and replaced the body with the Historic Albina Advisory Board, causing the organization to lose strong community supporters, including the Albina Vision Trust.
2021: An updated design package is released and reflects community input from the 2019 Environmental Assessment, and Independent Cover Assessment, and an Environmental Peer Review. The Project Advisory Committee recommends adopting the Proposed Hybrid 3 Cover Concept design option as an outcome of the Independent Cover Assessment Process.
2021: Governor Karen Brown facilitated negotiations between Albina Vision Trust and ODOT to compromise on the Hybrid 3 Cover Concept Design and regain community stakeholder buy-in.lxvi
2022: ODOT and FHWA release a Supplemental Environmental Assessment incorporating the new design package update, followed by a 50-day public comment period.
2023: In response to public comments made during the project’s Supplemental Environmental Assessment comment period, ODOT implemented design refinements, including a new flyover southbound I-5 off-ramp and a bicycle/pedestrian-only bridge over I-5 near the Moda Center that will enhance safety by reducing conflicts between cars and trucks and people walking, biking, or rolling in the area.
2024: ODOT receives federal approval to proceed with the project and can continue moving forward with more detailed project design and construction. The project was also a recipient of the USDPT Reconnecting Communities and Neighborhood grant, totaling $450 million.
36 Figure 3. Portland I-5 Mitigation/Rose Quarter Improvement Project Timeline
OUTCOMES
Restorative Justice is an explicit component of this project. While the process has been fraught as detailed in the timeline above, the potential for this outcome is clear. The existing Albina community has been integral in supporting the project, documenting the history of the community, ensuring acknowledgment of past harms, and exercising oversight of the project.
Creation of the Community Oversight and Advisory Committee (COAC) to monitor the construction contractor, ensuring that disadvantaged business requirements and targeted hiring mandates are met.lxvii Restorative Justice is included in the Project Fact Sheet and Diversity Plan. It includes an emphasis on supporting small businesses and Tim providing workforce development opportunities.
St. Paul, MN – Reconnect Rondo
BACKGROUND
Once the largest concentration of African Americans in the City of St. Paul (80%), Rondo was a thriving community for businesses and homeowners. From 1956 to 1968 the construction of the I-94 highway split the community in half.lxviii As a result of freeway construction:
• 300 businesses were destroyed
• 700 African American-owned homes were destroyed
• $270 million home ownership equity gap in Rondo due to inadequate compensation for the home’s true market value.
This project aims "to create Minnesota’s first African American cultural enterprise district connected by a community land bridge."lxix The aim is to repair, restore, and revitalize the Rondo neighborhood and address the racial disparity gaps in Minnesota. The project's benefits will help improve the realities for African Americans in Minnesota while addressing the historical harms inflicted by the construction of the I-94 freeway. The concept for this project is "restorative development," where the project provides new housing, jobs, business, and nonprofit workspace. Ultimately, the goal is to inclusively
37 grow Rondo’s economic base and increase the City's revenues by $3.8 - 4.2 million annually.lxx
This project is ongoing, and Reconnect Rondo is a 501(c)3 nonprofit organization leading the effort. They received a $2 million USDOT Reconnecting Communities Grant in fiscal year 2022 but did not receive any funding in 2023.
RESTORATIVE JUSTICE ELEMENTS PRESENT
PAST
Historical
Acknowledgment
The City and State both issued a formal and public apology for the displacement and destruction of the Rondo community. The Rondo Commemorative Plaza also acts as a physical historical landmark.
PROCESS
Open Dialogue
The state of Minnesota and the City of St. Paul have opened several channels for the community to speak on the project, with ReConnect Rondo serving as the community-led anchor organization. ReConnect Rondo has used community meetings, partnerships with technical assistance providers like the Urban Land Institute, and non-traditional methods of engagement like hackathons to support diverse, community- led input.
Clear Feedback
Process
There has been a direct process set up for the community to receive feedback and have a back-and-forth conversation with the State, City, and relevant stakeholders on the vision for this project. This includes formal community engagement mechanisms to inform feasibility studies and inform design priorities, as well as community-supported recommendationslxxi embedded in the project’s 4P (people, public, private, and philanthropic) funding model.
Co-Creation
Planning
Intentional on space and making sure community understands the concepts before making the decisions.
OUTCOME
Support
Community
Oversight
Community steering and oversight committees have guided the project's goals and hold the government accountable for delivering on the collective vision form the community. While these entities have existed at different stages of the project, there is now a separate entity that has been formed, the Rondo Roundtablelxxii, that is an independent group of 14 members 38 including local businesses, neighborhood leaders, and elders that have a strong commitment to overseeing this project’s ultimate success and Rondo’s community-led revitalization.
Impacted
Communities
Wealth Generation
Restorative Development is the guiding light for this project, with an emphasis on providing economic benefits for the community. As outlined in the project’s proposed funding document, this may include establishing a community enterprise trust that would manage air and development rights, providing title and land to community members in perpetuity, developing a community-driven vision plan, and creating standards for operational governance.lxxiii
TOOLS
Affordable
Housing
The project aims to create 468-576 housing units in Rondo with a stated goal to “Provide mechanisms to minimize barriers, and provide financial incentives, to promote the production and preservation of a diverse, safe, healthy, and affordable housing stock for residents to build wealth.”lxxiv Procurement
Intervention
Rondo’s Anti-Displacement and Community Investment Strategylxxv calls for a full economic cycle of benefits that are envisioned for the community.
Key among them is a Community Investment Fund to ensure that the Rondo community directly benefits from the physical development of the land bridge, which would include contracting opportunities for small businesses and employment opportunities for local residents.
Small Business
Workforce
Investment
The project's 4P financing plan calls for the creation of “an enterprise or system of economic business capacity building, workforce development, and wealth building.”lxxvi
Hard Infrastructure
The entire project is grounded in the creation of a physical land bridge that will cover or “cap” the I-94 freeway and build a restorative development.
The development proposed would include physical housing, office, transportation upgrades, and green space.lxxvii
39 PROCESS & TIMELINElxxviii
Figure 1. Reconnect Rondo Process Timeline
2009: First discussion of a possible “cap” over I-94 (i.e., the Rondo Land Bridge)
2015: MnDOT Commissioner Charlie Zelle and Saint Paul Mayor Chris Coleman apologize to Rondo residents for the negative effects of freeway construction
2016: Urban Land Institute (ULI) and MnDOT complete Healthy Communities Initiative
2016: U.S. DOT selects Rondo for Everyplace Counts Design Challenge
2017: ReConnect Rondo, Inc. is formed
2017: ULI supports the Rondo land bridge in developer dialogue
2017: Nobel Peace Prize Forum pushes efforts to rebuild Rondo neighborhood
2018: The National ULI Advisory Service panel recommendation calls for 21 acres of new land over I-94 through the Rondo land bridge
2018: Macalester College completes Place-Based Study of Gentrification and Housing Resiliency for Rondo
2018: Public Spaces Proximate to I-94 Analysis completed. Rondo Ave, Inc. and Friendly Street Initiative Form ReConnect Rondo to study the potential of a land bridge
2019: ReConnect Rondo presents to the Saint Paul Planning Commission
2020: ReConnect Rondo receives Ramsey Court revitalization grant
2020: Rondo land bridge feasibility study completed
2020: Nordic City Solutions select Rondo for Net-Zero Energy development exploration
2020: Rondo Roundtable is relaunched in pursuit of African American cultural district planning and coordination
40 2020: ReConnect Rondo initiates master planning discussion with the City of St.
Paul
2021: ReConnect Rondo prepares for bonding year, pre-planning resources 2022: ReConnect Rondo bond request for pre-planning
2022: Reconnecting Communities grant awarded
Figure 2. Detailed Reconnect Rondo Process Timeline
OUTCOMES
MDOT and the St. Paul Mayor officially apologized for their institutional role in perpetuating historical wrongs. Thus far, project stakeholders have conducted a series of historical, planning, economic impact, development, and feasibility studies, including:
o Rondo Past Prosperity Study
o Rondo Land Bridge Feasibility Study
o Rondo Land Bridge Health Impact Assessment
o ULI Advisory Service Panel Report
o Neighborhood Master Planning Study
The planning efforts have yielded significant community engagement outcomes, building substantial local support for the project. The level of community support, advocacy, and organizing around this collective vision to repair the harm from the splitting in half of Rondo has led to several community-led events, projects, and initiatives, including:
o Formation of ReConnect Rondo as an official organization
41 o Creation of Rondo Days, a festival planned and held in celebration of Rondo since 1983
o Rondo Commemorative Plaza completed in 2016
Figure 3. Rondo Commemorative Plaza
lxxix
7.4 – Case Study Lessons Learned
Portland Broadway Corridor - Community Benefits Agreement Developer Partnership
The negotiations facilitated by Prosper Portland between the Steering Committee and developers created delays in the development of the former USPS site. This case uplifts the necessity to ensure that developers are aware of and committed to the community goals of a CBA or RJF at the front end of project solicitation. It is also important for the government body to support the community and ensure a selected developer follows through and adheres to outlined agreements.
I-5 Rose Quarter – Transparency and Delivery
ODOT’s lack of transparency and accountability to the Executive Steering Committee deepened the existing distrust of government with the Albina Community. Although the process has been fraught, the governor’s facilitation to compromise with community has realigned the development plan with community needs, but the distrust and apprehension because of ODOT’s actions remain. This case uplifts the importance of
42 transparency throughout the process to rebuild community trust. It also emphasizes how overpromising and underdelivering will create further harm and deepen distrust.
Reconnect Rondo – Timing and Intention
Reconnect Rondo as an organization centered on community decision making and community context throughout its planning process. Their timeline showcases the importance of intention and consistency to meet community needs. This case uplifts the value to slow down the process and educate the community to make well-informed decisions.
8. Promising Practices for Pasadena
8.1 – Community Input on Restorative Justice Elements
This section outlines summaries of EA’s engagement with the 710 Advisory Group on October 16, 2024, the Advisory Group subcommittee, and the January 25, 2025 Open House. During this Open House, EA gathered input from community members on their prioritization of the restorative justice elements.
710 Advisory Group Meeting Summary
October 16, 2024: EA presented a project update to Advisory Group members in October. In this meeting, the EA team introduced the working Pasadena focused Restorative Justice definition and 12 case study elements. Along with this broader summation of the Restorative Justice Framework development, EA provided an in-depth view into two case study profiles, Reconnect Rondo and Portland’s Broadway Corridor.
Advisory Group members asked questions about process, expectations, and clarifications to case study elements and the two case study profiles. They generally responded positively to the 12 case study elements developed by EA, and the initial proposal to categorize them into four larger themes.
The City suggested the Advisory Group members organize themselves into subcommittees to dive deeper into topic areas of the vision planning project. Members discussed how the process and subcommittees will center Restorative Justice throughout all the planning elements and recommendations. One of the subcommittees created was for Restorative Justice, which will take EA’s presented materials to carry forward the development and further feedback of the vision plan’s Restorative Justice Framework.
710 Advisory Group Subcommittee Summary
[placeholder text]
Community Open House Summary
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43 8.2 – Restorative Justice Scenarios in the Pasadena
Context
Based on community’s prioritization of restorative justice elements, this section analyzes scenarios based on the restorative justice elements community input prioritized and the current utilization of the restorative justice element in Pasadena. This will incorporate landscape research, additional landscape research on the Pasadena context, and key information from the Reconnecting Pasadena Vision Plan process to articulate the applicability of the restorative justice element.
Here are current examples of each restorative justice element and its utilization in the City of Pasadena.
Restorative Justice
Element Definition Current Utilization in
Pasadena
Open Dialogue (OD)
A formal mechanism
whereby impacted
community members are
heard. This allows people
to air grievances with the
expectation that decision-
makers will take action to
address their issue(s) and
recognizes the importance
of their lived experiences.
Our Pasadena- Putting the
Plan in Motion
The City of Pasadena’s
Planning and Community
Development Department
launched the Our Pasadena
Plan in 2018. The process
has included a series of
community open houses and
rounds of community
workshops to collect input
on the City’s General and
Specific Plans.
Clear Feedback
Process (CFP)
The project has a
transparent and accessible
mechanism for community
members and local leaders
to provide feedback.
Community members have
a clear understanding of
how their input will be
considered and
incorporated into the final
product.
Reconnecting
Communities 710
Advisory Group (RCAG)
The RCAG was formed by
the Pasadena City Council
and members appointed to
provide a mechanism in
Pasadena’s planning
process that creates
opportunity for residents and
local stakeholders to weigh
in, give feedback to the
44 ongoing process, and advise
council members.
Co-Creation
Planning
(CCP)*
*This is a very high bar
requiring community
members to have decision-
making authority in the
process.
The planning process is
collaborative and
considers the community
as a designer and
decision-maker. It
acknowledges that
community members are
well-equipped to articulate
what they want to see in
their community.
N/A
Historical
Acknowledgement
(HA)
The project connects to the
historical legacy of a
planning or development
project that harmed an
under-resourced or
marginalized community.
The history of the project is
acknowledged,
documented, and
incorporated in future
planning efforts, with an
eye for creating
interventions that respond
to historic inequities.
Historic Report on the SR-
710 Displacement
Part of the City of
Pasadena’s scope for the
710 Planning process
includes the Historic Project
work led by three
consultants, ARG, Allegra,
and UCLA. ARG will
document the demographics
of the people displaced &
number, types of buildings,
and institutions. Allegra is
tasked with identifying
persons or descendants of
persons displaced or
impacted by the construction
of the 710 freeway. UCLA
will document the impact the
construction of 710 and 210
freeways had on the
Pasadena community by
analyzing census data from
1950 to the present and
other factors like redlining,
racial covenants, and urban
renewal.
45 Impacted
Communities
Wealth Generation
(ICWG)
The project articulates an
inclusive approach to
economic development. It
specifies how wealth is
generated, who stands to
gain financially, and
specifies the populations
that are typically excluded.
It includes mechanisms for
impacted low-income
communities to share in
the project’s economic
benefits.
Pasadena Local
Preference and Priority
System Guidelines – The
City of Pasadena outlines
preference and prioritization
requirements to allocate
affordable housing units.
Sixth priority is given to
households that have been
“involuntarily displaced” from
the City.
*Although California’s Prop
209 bars public agencies
from giving preference
based on race or gender,
there are other
socioeconomic
characteristics that the City
may consider. One example
would include the State of
California’s designation of
priority populations.
Support Community
Oversight
(SCO)
The project gives
community representatives
an official supervisory duty,
formally establishing their
role in the implementation
process.
None
Community
Benefits Agreement
(CBA)
A legally binding
agreement between
community representatives
and a developer that
defines specific benefits.
These may include
construction and
operations labor
standards, provision of
community spaces, and/or
affordable housing
requirements.
Heritage Square Senior
Apartments – Local
Benefits Plan
Housing developers
negotiated a local benefits
plan with the Fair Oaks
Project Area Committee to
codify community benefits
including workforce,
contracting, and housing.
46 Affordable Housing
(AH)**
**Can be part of CBA
The project includes
required affordable
housing units.
PMC 17.42.040-
Inclusionary Housing
Ordinance
Pasadena’s Zoning Code
requires 20 percent of
residential dwelling units in a
project be sold or rented at
an affordable rate.
Procurement
Intervention
(PI)
The project requires the
inclusion of Disadvantaged
Business Enterprises
(DBE) and
Minority/Women-Owned
Business Enterprise
(WMBE).
Pasadena First Buy Local
Where applicable, the City of
Pasadena offers a 5 percent
bid preference to certified
small businesses and local
businesses in procurement,
contracting, and hiring
efforts. Prop 209 precludes
preferences for minority or
women-owned businesses
in public contracting.
Small
Business/Workforce
Investment (SBWI)
The project integrates a
workforce training and/or
small business
development program for
community members and
entrepreneurs.
First Source Hiring
Program
This is a program that
creates voluntary and
mandatory local hire
requirements for
development projects.
Hard Infrastructure
(HI)
The project includes
specific multi-modal
transportation
improvements, open
spaces and urban
greening, sustainability
enhancements, climate
resilient infrastructure, and
monuments.
Reconnecting Pasadena
710 Vision Plan Process
This project seeks to
“enhance connectivity,
mobility and quality of life” in
and around the 710 Stub
through “transportation
infrastructure, economic
opportunities, cultural
attractions and green
space.”
47 Policy Adoption
(PA)
The project led to city-wide
policy implementation. This
could include updating the
approach to community
engagement for all
planning projects, adopting
policies that require
community benefits
agreements when certain
conditions are met, and/or
formalizing mechanisms
that enable community
members to formally
prioritize investment
priorities (e.g., participatory
budgeting).
None
8.3 – Restorative Justice Promising Practices
Based on the current utilization in Pasadena and community prioritization, here are the elements in which the City has the most opportunity to build promising practices. • Affordable Housing (AH): The current provision of 20% affordable housing in Pasadena’s zoning code presents an opportunity to steward the development of more housing for Pasadena’s most vulnerable residents. The City could increase this provision through the 710 Vision Plan.
• Historical Acknowledgement (HA): Akin to the ReConnect Rondo case study, the City of Pasadena could issue a formal apology codified through City Council acknowledging the harm caused by the construction of the freeway interchange that connected SR-710, SR-134, and I-210. The harm cited could include findings from the Historic Project work led by three consultants, ARG, Allegra, and UCLA. • Community Benefits Agreement (CBA): Similar to the Portland Broadway Corridor Community Benefits Agreement, the City could codify through City Council a community benefits plan to ensure all Pasadena residents have the opportunity to benefit from the subsequent development of the Site. Benefits could include but are not limited to provisions to promote workforce construction equity around hiring and wages, targeted procurement requirements for disadvantaged business enterprises (DBE), and affordable housing requirements.
48 9. Recommendations
EA recommends the following approaches to further integrate a restorative approach to the Reconnecting Pasadena Vision Plan Process.
[placeholder for recommendations]
49 10. Appendix
Section 4.3 – Theories of Restorative Justice in Planning The various planning frameworks of justice highlight the necessity for substantive changes in procedure and systems to create equitable results. A 2021 report used the Reparative Planning framework to develop a matrix of recommended practices through an empirical analysis of ACT-LA’s organizing methods.lxxx
• Build scalable decision making and coalition building infrastructure • Operate cross-spatially and create counter spaces for organizing outside of institutional forums
• Align visions internally and externally
• Work regionally and multi-disciplinary
• Plan for the current population
• Remain flexible
Section 7.3 – Case Study Profiles
Evanston, IL – Restorative Housing Program
BACKGROUND
This is the first reparations initiative developed by the City of Evanston. The initiative acknowledges the harm caused to Black/African American Evanston residents due to discriminatory housing policies and practices and inaction on the part of the City from 1919 to 1969. The goal of the Program is to:
• Revitalize, preserve, and stabilize Black/African American owner-occupied homes in Evanston
• Increase homeownership and build the wealth of Black/African American residents.
• Build intergenerational equity amongst Black/African American residents • Improve the retention rate of Black/African American homeowners in the City of Evanston
50 RESTORATIVE JUSTICE ELEMENTS PRESENT
PAST
Historical
acknowledgment
The Restorative Housing Reparations Program seeks to address a specific harm to Evanston’s Black residents. The City acknowledges that discriminatory housing policies and practices from 1919 to 1969 deprived Black families the opportunity to pursue economic opportunities and build generational wealth.
PROCESS
Open Dialogue
The city has established several bodies to solicit community input and ensure open dialogue on the policy throughout. This includes the Reparations Committee comprised of a majority of community members, as well as several working groups focused on topics such as Community Unity, Economic Development, and Education Initiatives, among others.
Clear Feedback
Process
The Equity and Empowerment Commission and the Reparations Committee have established formal feedback loops for community-identified recommendations to be considered by council. This includes hosting a series of community meetings and town halls. In addition, the Committee-approved community outreach plan will identify how community members will participate in the process moving forward.lxxxi
OUTCOME
Support
Community
Oversight
Two-thirds of the Reparations Committee -- which oversees and monitors reparations payments --is held by non-aldermanic community members.
Impacted
Communities
Wealth
Generation
The Council developed a 3% sales tax on gross Cannabis sales to produce revenue to fund the reparations payments. By dedicating this revenue to support Black families that missed out on wealth building opportunities through homeownership, the fund supports wealth generation for marginalized populations.
TOOLS
Affordable
Housing
This program focuses on supporting housing and homeownership for the Black community of Evanston.
Policy adoption
Evanston City Council passed Resolution 58-R-19 in June 2019, affirming the City’s commitment to end structural racism and achieve racial equity. In November 2019, the Council passed Resolution 126-R-19, which established the “Adult Use Cannabis
51 Tax” to fund reparations efforts to create direct benefits to housing and economic development, and in 2020 codified the Reparations Committee.
PROCESS & TIMELINE
This section provides an overview of the project process and timeline.
June 5, 2019: Evanston passed Resolution 58-R-19 affirming the City’s commitment to end structural racism and achieve racial equity.
July 2019: The City Council’s Equity and Empowerment Commission held two community meetings to gather public input on reparations in July 2019.
• “The purpose of the Equity & Empowerment Commission is to identify and eradicate inequities in City services, programs, human resource practices, and decision-making processes. The goal is to ensure that all residents receive equal service and treatment regardless of race, color, religion, ancestry, national origin, veteran status, sexual orientation, age, marital status, familial status, disability, gender identity, and gender expression.”lxxxii
• Participation is citizen-centered, with only one alderman assigned to qualify for the commission, and the remaining eight participants having expertise in areas of human rights, social justice, physical and mental disability, and the Spanish language.
September 2019: Council accepted the Commission’s report
November 14, 2019: City Council passed Resolution 126-R-19 “Establishing a City of Evanston Funding Source Devoted to Local Reparations.”lxxxiii This resolution approved a September 9, 2019, recommendation from the Equity & Empowerment Commission regarding local reparations for African American residents to the City. It called for the following:
• Creation of a City Council subcommittee to conduct a feasibility study of Commission recommendations on housing assistance and economic development projects.
• Establishes the “Adult Use Cannabis Tax” as a new revenue source as of 2020 and seeks to dedicate this funding source to local reparations programs, effectively establishing the “Local Reparations Fund.”lxxxiv • It committed the first $10,000,000 of the City’s Municipal Cannabis Retailers’ Occupation Tax (3% on gross sales of cannabis) to fund local reparations for housing and economic development programs for Black Evanston residents.lxxxv
November 9, 2020: Council adopted Ordinance 102-O-20 amending portions of the city code to codify the Reparations Committee. The new committee expands membership to include citizens, two Alderman, and four at-large members. The committee is tasked with the following:
52 • Oversight of the Reparations Fund
• Evaluation of applications and providing recommended funding allocations to housing and economic development programs that address historical discrimination by the City
• Monitoring how funding recipients are affected and measuring programmatic impacts in each ward
September 21 – November 5, 2021: The City opened applications for the program
May 2, 2022: The City selected the first 16 beneficiaries of the Local Reparations Restorative Housing Program, with recipients receiving financial compensation totaling $400,000. lxxxvi
August 16, 2023: As of this date, Evanston’s Reparations Committee announced it had dispersed $1,092,924 in reparations through the housing and $439,397 was pending disbursement for mortgage assistance and/or construction and remodeling projects.
FUNDING
The program receives its funding from a tax levied on cannabis dispensaries and sales.
Participants in the program, receive a $25,000 direct benefit to support and address discriminatory housing policies of Evanston. Funds support the following initiatives:
1. Home Ownership: The Home Ownership initiative provides down payment/closing cost assistance to purchase real property located within the City.
2. Home Improvement: The Home Improvement initiative provides funds to repair, improve, or modernize real property located within the City.
3. Mortgage Assistance: Mortgage Assistance initiatives provide funds to pay down mortgage principal, interest, and/or late penalties for real property located within the City
PARTICIPANTS
Eligibility for the program is limited to “Black Residents that lived in Evanston during the period of harm, which was 1919 - 1969, or their direct descendants are eligible.”lxxxviiCurrently, City staff anticipates disbursing reparations funds to at least 80 direct descendants in 2024. There might be more disbursement pending the revenues received from the second cannabis dispensary, which opened in February 2024.lxxxviii
53 Rochester, NY – Inner Loop North Planning Project
BACKGROUND
This project is a continuation of the successful completion of the Inner-Loop East Project that concluded in 2019. The Inner Loop East Project converted a sunken section of the inner-city expressway ("loop"). Originally designed and developed in the 1950s as the City of Rochester was growing, the highway was seen as a way for residents to quickly access the downtown business district.
The City demolished 1,300 homes and businesses to make way for the expressway.
However, the federal government added to the construction of interstate highways to the South, East, and West of Downtown. Rochester's population has since plummeted, and the "loop" was a displacement vessel that never achieved its intended utility. In 2012 through a Transportation Investment Generating Economic Recovery (TIGER) Grant, the City filled in the eastern portion of the 6-lane sunken expressway, freeing up 5.7 acres of land that was converted into a roadway with several infrastructure enhancements such as mixed-use developments, crosswalks, and cycle tracks. Inner Loop North’s Planning Study was conducted in 2022 and took a community-centered co-design approach to the development. Unlike Inner Loop East, the Inner Loop North project is more centered around elements of Restorative Justice, especially in the co-creation of the development.
Many U.S. cities, like New Orleans and Baltimore, are looking at Rochester’s case study and are interested in replicating it by using federal dollars from USDOT’s Reconnecting Communities Pilot Program.
RESTORATIVE JUSTICE ELEMENTS PRESENT
PAST
Historical
Acknowledgment
Historical documentation is built into the project from the start. All community events and engagement sessions begin with a historical recounting and acknowledgment.
PROCESS
Open Dialogue
Community-based groups, like Hinge Neighbors, are actively working with the City to identify priorities and share concerns about how the engagement process should be altered to avoid some of the more top-down planning that characterized the Inner Loop East project.lxxxix The City has hosted ten public workshops, six Community Advisory Committee meetings, six Technical Advisory Committee Meetings, three pop-up events, and an online survey.xc
Clear Feedback
Process
Hinge Neighbors has played a central role in influencing the process, including hosting four community workshops in 2021 and creating a refined community-
54 generated plan. The City has incorporated this feedback and the plan in the preferred concept.xci
Co-Creation
Planning
Community-identified needs were codified in Hinge Neighbor’s Plan and the community’s Screening Tool for Equity Analysis of Projects.xcii
OUTCOME
Support
Community
Oversight
Two-thirds of the Reparations Committee --which oversees and monitors reparations payments --is held by non-aldermanic community members.
Impacted
Communities
Wealth
Generation
The Council developed a 3% sales tax on gross Cannabis sales to produce revenue to fund the reparations payments. By dedicating this revenue to support Black families that missed out on wealth building opportunities through homeownership, the fund supports wealth generation for marginalized populations.
TOOLS
Affordable
Housing Element
One strong example of Co-creation planning is the affordable housing element of this project. Unlike the Inner Loop East project, community members want to see lower density affordable housing and a pathway to full home ownership, not mixed-use development and condos as in the Inner Loop East Project.xciii
Hard
Infrastructure
The project calls for filling in the highway trench and includes new bicycle and pedestrian facilities, new development at varying intensities (including lower-density housing, mixed-use developments, and commercial zoning), as well as open space.xciv
PROCESS & TIMELINExcv
1990s: Local Leaders began exploring the removal of the inner loop highway as a form of redevelopment in Downtown Rochester.
2014: The highway’s least-utilized eastern segment was closed to traffic and the City launched a $21 million public works project to fill in the freeway trench. Proposed improvements included:
Bulb-outs, protected bike lanes, apartment buildings with varied brick faces, first-floor retail, and landscaped sidewalks hugging the downtown side of Union Street
2019: The Inner Loop East Project is completed. Neighborhood of Play, a mixed-use development serving downtown, is created. It included a $75 Million, 90,000 sq ft. museum
55 expansion, 238 apartment units, with 100 for people making 60-80% are median income, and a new hotel.
2021: The U.S. House of Representatives approved $4 million in funding to transform Rochester's 1.5-mile-long stretch of Inner Loop North into a street-level boulevard. The project aims to reconnect northern neighborhoods to downtown. The Federal funding will support the study, design, and planning phases of the project, which is estimated to cost up to $50 million to complete.
2022: Governor Kathy Hochul announced that New York was committing $100 million to remove the last 1.5 miles of the Inner Loop’s northern stretch, opening another 22 acres for development and public space.
OUTCOMES
• Inner Loop East Economic Payoff: More than $200 million in new investment has been generated since the expressway was filled in and there is 95% occupancy of new apartment developments. However, vacant and unused lots still exist, with the idea of possible expansion of hotels, parking garages, and a 60-unit affordable housing complex with ground-floor retail.
• Inner Loop Planning Study – The planning project took a community-centered approach to re-design the corridor based on community-identified needs. Historical documentation and analysis of the "inner loop" and the displacement that occurred is a component of this project. Much more community-engaged focused than Inner Loop East in terms of community oversight and guidance of the project.
o “The City developed six different concepts for what the area would look like without the Inner Loop. The community settled on one anchored by a traditional grid layout. One of the most symbolic improvements is a full restoration of Franklin Square, a city park dating back to 1826 that had been split apart by the Inner Loop.”
o Community-led planning process revealed that residents do not want to see a replica of a large development like in Inner Loop East, but rather they want low- density, affordable housing.
56 i ReConnect Rondo. “The Big Idea - ReConnect Rondo,” July 27, 2021. https://reconnectrondo.com/vision/the-big-idea/.
ii ReConnect Rondo. “ReConnect Rondo Fact Sheet,” n.d. https://reconnectrondo.com/wp- content/uploads/2021/08/ReConnect-Rondo-Fact-Sheet-1.pdf
iii “State Route 710 Northern Stub Relinquishment,” cityofpasadena.net, accessed August 21, 2024, https://www.cityofpasadena.net/transportation/transportation-improvements/710-northern-stub/.
iv Loukaitou-Sideris, Anastasia, Handy, Susan L., Ong, Paul M., et al.. “The Implications of Freeway Siting in California: Four Case Studies on the Effects of Freeways on Neighborhoods of Color.” UCLA Institute of Transportation Studies, 2023. https://escholarship.org/uc/item/7mj2b24q.
v Loukaitou-Sideris, Anastasia, Handy, Susan L., Ong, Paul M., et al.. “The Implications of Freeway Siting in California: Four Case Studies on the Effects of Freeways on Neighborhoods of Color.”
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viii Brian Biery, “Brian Biery- Eminent Domain 710 Freeway Talk.”
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xxviii Wachtel, Ted. “Defining Restorative.” International Institute for Restorative Practices, November 2016.
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xxxviii Admin. 2020. “Rational Planning Model | Planning Theory.” Planning Tank. August 25, 2020. https://planningtank.com/planning-theory/rational-planning-model.
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xlviii “Portland City Council Unanimously Approves Broadway Corridor Project,” September 23, 2020. https://www.portland.gov/wheeler/news/2020/9/23/portland-city-council-unanimously-approves-broadway- corridor-project.
xlix Prosper Portland, Race Forward, and Prosper Portland Equity Council. “Broadway Corridor Racial Impact Equity Analysis,” n.d.
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lxv “Welcome | I-5 Rose Quarter Improvement Project,” n.d. https://www.i5rosequarter.org/.
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lxxv Alexandra Miller Consulting, The Housing Workshop, RECONNECT RONDO, and Marvin R.
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lxxix Demetria Murphy, Rondo Commemorative Plaza, September 11, 2024, Photograph.
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lxxxiv “Resolution 126-R-19: Establishing a City of Evanston Funding Source Devoted to Local Reparations.”
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lxxxvii Broaddus, Adrienne. “Evanston City Council Votes in Favor of Expanding Its Reparations Program to Repair Housing Discrimination.” CNN, March 28, 2023. https://www.cnn.com/2023/03/27/us/evanston- illinois-reparations-housing-discrimination-expand/index.html.
lxxxviii “Evanston Local Reparations | City of Evanston.”
lxxxix Byrnes, Mark. “Rochester’s Inner Loop Project Shows What Happens After a Highway Dies.” Bloomberg.Com, April 13, 2024. https://www.bloomberg.com/news/features/2024-04-13/rochester-s- inner-loop-project-shows-what-happens-after-a-highway-dies.
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xciii Byrnes, Mark. “Rochester’s Inner Loop Project Shows What Happens After a Highway Dies.”
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