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Home My WebLink About1999-10-19; City Council; 15445; South Carlsbad Coastal Redevelopment Project- 28 CITY OF CARLSBAD -AGENDA BILL iB# 15,445 ATG. 10/19/99 DEPT. HD.~ TITLE: Determination of No Project Area Committee formation for South Carlsbad Coastal CITY ATW. 4s- IEPT. HlRED CITY MGR. Redevelopment Project RECOMMENDED ACTION: Adopt City Council Resolution No. 99-466 determining that a project area committee shall not be formed in connection with adoption of the South Carlsbad Coastal Redevelopment Project. ITEM EXPLANATION: Backaround On July 20, 1999, the City Council authorized staff and a team of consultants to proceed with actions necessary to establish a second redevelopment area within Carlsbad. This area is to be known as the South Carlsbad Coastal Redevelopment Project Area. On October 19, 1999, under separate action, the Housing and Redevelopment Commission approved the project area boundaries and the Preliminary Plan formulated for the redevelopment area, as recommended for approval by the Planning Commission. The Housing and Redevelopment Commission also authorized and directed staff to prepare and transmit the necessary documents to the State, County and other taxing agencies to establish the 1999-2000 equalized assessment roll as the base year valuation roll for the Project Area. These actions by the Commission initiated the Redevelopment Plan adoption process for the proposed second redevelopment project area. Proiect Area Committee As mentioned in previous reports to the City Council on adoption of a Redevelopment Plan, there are a number of actions required to proceed with establishment of a redevelopment area. One of those actions may be the creation of a Project Area Committee. Section 33385(a)(I) of the California Community Redevelopment Law (CRL) requires that a Project Area Committee (PAC) be formed if “a substantial number of low-income persons or moderate-income persons, or both, reside within the project area and the redevelopment plan as adopted will contain authority for the redevelopment agency to acquire, by eminent domain, property on which any persons reside, or the redevelopment plan as adopted contains one or more public projects that will displace a substantial number of low andlor moderate income persons, or both.” As intended by CRL, the role of a PAC is to provide advice concerning policy matters that deal with the planning and provision of residential facilities or replacement housing for those displaced by redevelopment activities. If a PAC is established, the redevelopment agency is required to consult with the PAC on other policy matters that affect residents of the project area. During a project adoption process, a PAC reviews the redevelopment plan, project proposals, environmental impact report and other related reports and documents. The PAC may then recommend for or against adopting the Redevelopment Plan. If a PAC opposes adoption, the legislative body may only adopt the Redevelopment Plan by a two-thirds majority of those eligible to vote. I AB# 15.445 Page 2 If a PAC is formed, the membership of a PAC must include elected representatives of residential owner-occupants, residential tenants, business owners and existing organizations within the project area. There is a complete public process that must be followed for the election of members. This process must begin within the next thirty days. The PAC representative election must occur within 100 days after a project area is selected. Based on review of the appropriate regulations and the intent of the Redevelopment Agency regarding displacement of low andlor moderate income households, it is staffs recommendation that a PAC be formed for the proposed redevelopment plan adoption. The reasons for this recommended action are outlined below. It is important to note, however, that a decision not to form a PAC does not eliminate the opportunity for public input into the redevelopment plan adoption process. The Agency must consult with residents and community organizations before submitting the redevelopment plan to the legislative body for approval. Reasons for No Proiect Area Committee The proposed redevelopment project area includes residential uses (or residences) within the Lanakai Mobile Home Park and within the Ponto Industrial Area. Within the Lanakai Mobilehome Park, there are low and moderate income households. Staff does not have income information, however, on the residents residing within the Ponto Area. Therefore, we do not know whether or not the residents within the Ponto Area would qualify as low and/or moderate income households. Based on a field survey on October 7, 1999, it appears that there are approximately four (4) residences located within the Ponto Area and within industriallheavy commercial uses. Based on initial discussions on the formation of a redevelopment plan for the subject project area, it is intended that the plan will include Redevelopment Agency authority to acquire property through eminent domain. This authority is often required to facilitate redevelopment activities. However, if the Lanakai Mobile Home Park remains within the project area boundaries, staff will also recommend that this property be excluded from the area for eminent domain authority . Staff does not believe that the authority to use eminent domain will be necessary to facilitate desired redevelopmenVimprovement activities within or for the Park. In the Ponto Area, it is intended that eminent domain authority will be necessary in order to facilitate redevelopment of underutilized properties. Although there are no reuse proposals being considered at this time, redevelopment activity could include the assembly of land and generate the need for the Agency to assist with property acquisition. As currently being considered, the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project Area will not include public projects that displace a substantial number of low or moderate income households, nor will eminent domain authority result in the displacement of a substantial number of low or moderate income households. Therefore, staff has determined that a PAC is not required for this Project. AB# 15,445 Page 3 STAFF RECOMMENDATION Staff is recommending that the City Council approve the attached resolution which makes the determination that a PAC is not required and shall not be formed for the South Carlsbad Coastal Redevelopment Project. A summary of the reasons for not forming the PAC are: Eminent domain authority will not be used for Lanakai Lane Mobile Home Park property. Given the limited number of residences in the Ponto Area, a substantial number of low or moderate income households would not be displaced through redevelopment activities. The Redevelopment Plan will not include one or more public projects that displace a substantial number of low andlor moderate income persons. As indicated above, due to the anticipated redevelopment activities, a PAC is not required by redevelopment law. In addition, staff will be consulting with property owners, residents, business owners and community organizations during the Redevelopment Plan adoption process. This public review activity will include review of the redevelopment plan, redevelopment project proposals, and potential environmental impacts. As a result, the community consultation process envisioned by the CRL will occur. FISCAL IMPACT: There is no fiscal impact. EXHIBITS: 1. City Council Resolution No. 99-446 determining that a Project Area Committee shall not be formed in connection with the South Carlsbad Coastal Redevelopment Project. 3 1 < c i 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - CITY COUNCIL RESOLUTION NO. 99-466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DETERMINING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED IN CONNECTION WITH THE SOUTH CARLSBAD COASTAL REDEVELOPMENT PROJECT WHEREAS, on October 6, 1999, the Planning Commission of the City of Carlsbad selected the )oundaries of the South Carlsbad Coastal Redevelopment Project Area (“Project Area”), adopted a ’reliminary Plan for the South Carlsbad Coastal Redevelopment Project (“Project”), and authorized ubmission of the Preliminary Plan to the Carlsbad Housing and Redevelopment Commission “Commission”) by Resolution No. 4656; and WHEREAS, on October 19, 1999, the Commission received the Preliminary Plan and directed iat the Redevelopment Plan for the South Carlsbad Coastal Redevelopment Project (“Redevelopment ‘Ian”) be prepared; and WHEREAS, Section 33385(a) of the California Community Redevelopment Law (Health and afety Code Section 33000, requires that the legislative body of a city and county shall form a roject area committee for a redevelopment project in the event that a substantial number of low income ersons or moderate income persons, or both, reside within the project area, and the redevelopment plan s adopted will contain authority for the agency to acquire, by eminent domain, property on which any ersons reside, or the redevelopment plan as adopted contains one or more public projects that will isplace a substantial number of low income persons or moderate income persons, or both, and WHEREAS, the Redevelopment Plan as adopted will result in the displacement of a lbstantial number of low and/or moderate-income persons who reside in the Project Area or include one r more public projects that will displace a substantial number of low andor moderate-income persons. :C Reso. No. -b I d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as Follows: 1. The City Council finds and determines that the formation of a project area committee is lot required prior to the adoption of the Redevelopment Plan for Project; therefore, a project area :ommittee shall not be formed. 2. The Commission is hereby authorized and directed to consult with and obtain the advice Jf residents, property owners, and community organizations (if any) within the Project Area and to xovide such residents, owners, and organizations with the proposed Redevelopment Plan prior to its ;ubmission to the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of 2arlsbad, California, held on the 19th day of October 1999, by the following vote, to wit: AYES: Lewis, Finnila, Nygaard, Kulchin NOES: None ABSENT: Hall ABSTAIN: None h.42ALh.m -THh L. RAUTENKRANZ, City Clerk LORRAINE M. WOOD, Deputy City Clerk SEAL) 2 5