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HomeMy WebLinkAbout3/17/2004 - STAFF REPORTS (3) DATE: MARCH 17, 2004 TO: CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY& ECONOMIC DEVELOPMENT CONSENT OF CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TO A JOINT PUBLIC HEARING ON THE PROPOSED SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO. 2 AND DIRECTING THE CITY CLERK TO SET THE HEARING DATE AND TO COMPLY WITH ALL LEGALLY REQUIRED NOTIFICATION RECOMMENDATION: Staff recommends the following: 1. That the City Council adopt the resolution consenting to a joint public hearing on the proposed Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 and directing the City Clerk to set the hearing date and to comply with all legally required notification. 2. That the Community Redevelopment Agency ("Agency') adopt the resolution consenting to a joint public hearing on the proposed Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No. 2 and directing the City Clerk to set the hearing date and to comply with all legally required notification. SUMMARY: The Agency has proposed a Second Amendment to reestablish the authorityto use eminent domain within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No. 2, subject to certain limitations. Consideration of the Second Amendment would occur following a duly noticed joint public hearing by the City Council and Agency. The attached resolutions provide the City Council and Agency's consent to such a joint public hearing, which has been tentatively set for May 5, 2004. The Agency's authority to use eminent domain within the Tahquitz-Andreas Constituent Area would be subject to the following limitations: 1. Eminent domain may not be used to acquire a property legally devoted to a residential use. A parcel is devoted to a residential use if a residential structure has been legally constructed on such parcel, and such structure continues to be legally occupiable for a residence; 2. Eminent domain may not be used to acquire any parcels or interests in lands held in Trust by the United States for any individual Indian or for the Aqua Caliente Band itself. However, the power of eminent domain maybe used to acquire a leasehold or other interest from the lessee or holder(but not the fee interest of the allottee) which is on land held in Trust by the United States, but only with the written consent of the Tribal Council of the Agua Caliente Band; 3. Eminent domain may not be used to acquire propertyowned by a public body without the consent of that public body; and 4. Eminent domain must be commenced within 12 years following the date the Second Amendment is adopted by the City Council. These limitations are comparable to those applicable to the other nine Constituent C C'oanaWb io Areas of the Merged Project Areas Nos. 1 and 2,for which eminent domain authority was extended by the City Council on February 19, 2003. BACKGROUND: When originally adopted in 1983,the Tahquitz-Andreas Redevelopment Plan permitted the Agency to use eminent domain to acquire property within that project area. The California Community Redevelopment Law establishes a 12-year time limit on the commencement of eminent domain from the date of adoption of the redevelopment plan, though this time limit may be extended by an amendment to the redevelopment plan. Accordingly, the authority to use eminent domain in the Tahquitz-Andreas area expired in 1995. Subsequently, the City Council merged the Tahquitz-Andreas, Baristo-Farrell, and Canyon Redevelopment Plans in the year 2000, and formed the Merged Redevelopment Project Area No. 2, and in February 2003, reestablished eminent domain authority in the Baristo-Farrell and Canyon constituent areas,subject to certain limitations. Currently, among all of the Agency's ten constituent areas in Merged Project Area No. 1 and Merged Project Area No.2,onlythe Tahquitz-Andreas constituent area does not have any eminent domain authority. As such, the Agency initiated efforts to extend eminent domain in the Tahquitz- Andreas constituent area in the summer of 2002. At the outset of this amendment process, staff and the Tribe wished to explore the possibility of permitting the use of eminent domain not onlyon nonresidential property,but residential property as well,to avail the Agency of greater flexibility in acquiring property in the future. Redevelopment Law required the Agency to form a project area committee, representing Tahquitz- Andreas constituent area community organizations, residents, business owners, and property owners,to consider and make a report and recommendation on the proposed Second Amendment. The Tahquitz-Andreas Project Area Committee (PAC) was formed by an election process required by Redevelopment Law and prescribed by the City Council's July 2002 Procedure for Formation and Election of a Project Area Committee as adopted by City Council Resolution No. 20424. Notices were mailed to over 1,100 property owners, residents and business owners in July 2003 notifying them of the August 5, 2003 public information meeting to discuss the proposed Amendment and the opportunity for citizens to serve on the PAC. Beginning in December 2003, the PAC met to learn about redevelopment,the history of the Tahquitz-Andreas area,the need for eminent domain authority,and the Second Amendment. All meetings were open to the general public, and noticed in accordance with the Brown Act. After much deliberation and input by Agency staff, City Planning Department staff, representatives of the Tribe,and members of the public,the PAC voted unanimously to recommend that the City Council and Agency adopt the Second Amendment, but prohibit the use of eminent domain on residentially-occupied property, similar to the authority that exists for the other nine constituent areas. Itwas the opinion of the PAC that residential eminent domain is an extraordinary power that should only be put in place if a specific need for this authority exists. At this time, there are no specific projects proposed that could result in the condemnation of residential (or nonresidential)property, and the General Plan and proposed amendments sought by the Tribe for Section 14 did not foresee the need to redevelop residential uses into another use. On this basis,the PAC felt that residential property should remain free of eminent domain authority at this time. The PAC did leave open the possibility that at some time over the ensuing three years that the PAC remains in place, if the need for residential eminent domain surfaced as part of a specific project proposal,theywould entertain an amendment to the Agency's eminent domain authority at that time. c ra. b- z Staff concurs with the PACs recommendation,and has modified the proposed Second Amendment accordingly to exempt residentially occupied property from eminent domain as described above. This would result in the same type of limitations on eminent domain in existence in the balance of the Agency's project areas. Redevelopment Law requires that the Agency and City Council conduct public hearings on a redevelopment plan amendment before the City Council considers an amending ordinance. In lieu of conducting separate hearings, Section 33458 of the Law permits the Agency and City Council to hold a single joint public hearing. Attached are two separate resolutions (one for the Agency and one for the City Council)that provide for each entity's consent to the joint public hearing. Staff has tentatively scheduled the public hearing for May 5,2004. The purpose of the joint public hearing is to hear testimony from the public on the Second Amendment and the related Mitigated Negative Declaration. At the public hearing,staff and consultants will present a brief presentation on the Second Amendment and Mitigated Negative Declaration, and other pertinent information. After this presentation, the public will be given the opportunity to submit oral or written comments on the Second Amendment. Notice of the hearing is to be provided by first class mail to all residents, property owners, business owners, and affected taxing agencies in Redevelopment Project Area No. 2, not less than 30 days prior to the hearing. Notices will also be published in the Desert Sun for three successive weeks. Though not required by Redevelopment Law, staff and consultants will be holding an informational meeting for the public to ask questions and find out more about the Second Amendment prior to the public hearing. Notice of the informational meeting will be included in the public hearing notice. JOHNS.. YMON Dir ctor Commu ' & Economic Development APPROVE[)'-c City Manager/Execu i l3irecw,Ft r ATTACHMENTS: 1. City Council Resolution 2. Agency Resolution RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS CONSENTING TO A JOINT PUBLIC HEARING ON THE PROPOSED SECOND AMENDMENT TO THE MERGED REDEVELOPMENT PLAN FOR MERGED REDEVELOPMENT PROJECT NO.2 AND DIRECTING THE CITY CLERK TO SET THE HEARING DATE AND TO COMPLY WITH ALL LEGALLY REQUIRED NOTIFICATION WHEREAS, the City Council of the City of Palm Springs, California ("City Council") and the Community Redevelopment Agency of the City of Palm Springs("Agency')desire to amend the Merged Redevelopment Plan for Merged Redevelopment Project Area No. 2 to reestablish eminent domain authority on certain property within the Tahquitz-Andreas Constituent Area of the Merged Redevelopment Project Area No.2("Second Amendment'); and WHEREAS, pursuant to Sections 33458 and 33355 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et sea. ("Law"), a joint public hearing on the Second Amendment may be held with the consent of the City Council and Agency. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. That the Community Redevelopment Agency of the City of Palm Springs hereby consent to holding a joint public hearing with the City Council of the City of Palm Springs for the purpose of considering the proposed Second Amendment to the Merged Redevelopment Plan for Merged Redevelopment Project No.2, and directs the City Clerk to set the hearing date and to give notice of the joint public hearing in the form and manner required by Law. ADOPTED this day of , 2004. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS By Assistant Secretary Chairman REVIEWED &APPROVED 1 c r