1989 03 21 RDA Minutes - Joint CC & RDA JOINT MEETING
CITY COUNCIL/REDEVELOPMENT AGENCY
MINUTES
MARCH 21, 1989
Joint meeting of the La Quinta City Council and La Quinta
Redevelopment Agency was held on March 21, 1989, Mayor/Chairman
Pena presiding.
CITY COUNCIL ROLL CALL:
PRESENT: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
ABSENT: None
REDEVELOPMENT AGENCY ROLL CALL:
PRESENT: Mr. Bohnenberger, Mrs. Bosworth, Mr. Rushworth, Mr.
Sniff, Chairman Pena
ABSENT: None
Mayor Pena advised that prior to proceeding with the public
hearing on the Redevelopment Plan and Final EIR, the Agency must
first approve the Owner Participation Rules, the Method of
Relocation, and the Agency Report to the City Council on the
Redevelopment Plan.
He continued, that a blighted area is one which is characterized
by one or more of those conditions set forth in Sections 33031
or 33032, causing a reduction of, or lack of, proper utilization
of the area to such an extent that it constitutes a serious
physical, social or economic burden on the community which
cannot reasonably be expected to be reversed or alleviated by
private enterprise acting alone.
At this time, Mr. Kiedrowski proceeded to introduce the City's
consultants Mark Huebsch with Stradling, Yocca, Carlson; and
Frank Spevacek with Rosenow Spevacek Group.
RESOLUTION NO. RA 89-5
A RESOLUTION OF THE LA QUINTA, CALIFORNIA REDEVELOPMENT AGENCY
RATIFYING AND CONFIRMING THE OWNER PARTICIPATION RULES AND
METHOD OF RELOCATION AND APPROVING AND AUTHORIZING TRANSMITTAL
OF ITS REPORT TO THE CITY COUNCIL WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR PROJECT AREA NO. 2.
It was moved by Mr. Sniff, seconded by Mr. Bohnenberger, that
Resolution No. RA 89-5 be adopted. Motion carried unanimously.
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1. JOINT PUBLIC HEARING ON FINAL EIR AND REDEVELOPMENT PLAN FOR
PROJECT AREA NO. 2.
Mayor/Chairman Pena advised that the proposed Redevelopment
Plan for Project Area No. 2 and the Final Environmental
Impact Report on the Redevelopment Plan.
Mr. Huebsch advised that after review of the Agency and
Council Members Statements of Economic Interests disclosing
interest in real property located within the Project Area, it
is his opinion that none of the members is disqualified from
participating or voting on the plan for adoption.
Mr. Huebsch requested that the following documents be entered
into the record:
a. The affidavit of publication of Notice of the Public
Hearing.
b. The certificate of mailing of Notice of Public Hearing
to each property owner in the Project Area as shown on
the last equalized assessment roll.
c. The certificate of mailing of Notice of Public Hearing
to the governing bodies of each taxing agency with the
Project Area.
Mayor/chairman Pena advised that the State law under which we
are acting is Part 1 of Division 24 of the Health and Safety
Code commencing with Section 33000, commonly referred to as
the *?California Redevelopment Law:) and the California
Environmental Quality Act commonly referred to CEQA'),
commencing with Section 21000 of the Public Resources Code.
Mr. Huebsch advised that the purpose of the hearing is to
consider evidence and testimony for and against the
certification of the Final EIR and adoption of the
Redevelopment Plan for Project Area No. 2. Evidence will be
introduced for consideration by the City Council and Agency
in connection with certain findings and determinations that
will be made with respect to the Ordinance adopting the Plan.
Mr. Huebsch proceed to review the findings and determinations?
as are set forth in Section 33367 of the Health and Safety
Code as follows:
1. The Project Area exhibits the conditions of blight as
outlined in Sections 33031 & 33032 of the Health and Safety
Code and Agency action is necessary to effectuate the public
purposes declared in the Redevelopment Law.
2. The Redevelopment Plan would address conditions present
in the area in conformity with the Redevelopment Law and in
interests of the public peace, health, safety and welfare.
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3. The adoption and carrying out of the Redevelopment Plan
is economically sound and feasible.
4. The Redevelopment Plan conforms to the General Plan of
the City.
5. The carrying out of the Redevelopment Plan would promote
the public peach, health safety and welfare and would
effectuate the purposes and policy of the Redevelopment Law.
6.- The condemnation of real property may be necessary to the
implementation of the Redevelopment Plan and adequate
provisions have been made for payment for property to be
acquired as provided by the Redevelopment Law.
7. If implementation activities result in the temporary or
permanent displacement of any occupants of housing facilities
in the Project Area, the Agency has a feasible method or plan
for the relocation of families and persons displaced by
project activities.
B. There are, or are being provided, in the project area or
in other areas not generally less desirable in regard to
public utilities and public and commercial facilities and at
rents or prices within the financial means of the families
and persons displaced from the project area, decent, safe and
sanitary dwellings equal in number to the number of and
available to the displaced families and persons and
reasonably accessible to their places of employment.
9. The inclusion of any lands, buildings, or improvements
which are not detrimental to the public health, safety or
welfare is necessary for an effective redevelopment program.
No area is included in the Project Area solely for the
purpose of obtaining an allocation of tax increment revenues
from the area pursuant to Section 33E70 of the Health and
Safety Code.
10. The elimination of blighting conditions and the
development of needed public facilities and utilities within
the Project Area could not reasonably expected to be
accomplished by private enterprise acting alone without the
aid and assistance of the Agency.
11. The effect of tax increment financing will not cause a
significant financial burden or determent on any taxing
agency deriving revenues from the Project Area.
12. In view of Health and Safety Code Section 33320.1 it is
proposed that the City Council make a finding that no less
than 80% of the Project Area is urbanized.
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Mr. Huebsch advised that the Council/Agency will be called
upon to make findings regarding Section 33367 if it elects to
adopt a Redevelopment Plan. The findings have to be
supported by substantial evidence which has been defined as
relevant evidence that a reasonable mind might accept as
adequate in support of a conclusion. In terms of blight, in
addition to having factors of blight be present, blight must
be considered on the area as a whole and conditions of blight
must pervade and predominate within the project area.
The Mayor declared the public hearing OPEN.
Mr. Kiedrowski briefly reviewed the history of this project.
He advised that this hearing will be continued to April 18th.
Mr. Spevacek then summarized the contents of the Agency
Report to the City Council, which is the basic supporting
documentation for the Redevelopment Plan and is on file in
the City Clerk's office and he also summarized the Final
Environmental Impact Report which evaluates the potential
significant environmental impacts of Plan implementation
activities and asked that they be made a part of the record.
Mr. Huebsch then asked that the following documents be
entered into the record:
a. Final Environmental Impact Report;
b. Additional letters, comments and responses, if any, from
responding agency;
c. Written public communications regarding the Final EIR.
Mr. Spevacek then summarized the Redevelopment Plan advising
that the Plan that was circulated earlier basically serves as
the constitution to the Agency guiding and implementing
redevelopment in the project area. The Plan defines the
boundaries of the project area; provides the Agency authority
to acquire property; provides for relocation; provides for
property rehabilitation, constructs specified improvements;
provides for property management if the Agency owns any
property during the duration of the Plan; and establishes
limits on the amount of tax increment revenue that the Agency
can receive. He noted that in response tc the Fiscal Review
Committee report, the staff is proposing that the limits that
were established for tax increment and bonded indebtedness
that were put forth in the draft Redevelopment Plan be
reduced from the four hundred million dollar limit on tax
increment to two hundred fifty million dollars and to
establish a two hundred million dollar cap on the total
amount of bonded indebtedness the agency may have outstanding
at any one time. The Plan also provides for the Agency to
use its authority of eminent domain to acquire property
within the project area.
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Mr. Huebsch asked that the following documents be entered
into the record:
a. The Redevelopment Plan for Project Area No. 2.
b. The Preliminary Report.
Mr. Kiedrowski advised that there have been no written
comments other then those previously listed. Any that are
received will be placed into the record prior to closing of
this hearing.
The Mayor then called for oral testimony in favor of adoption
of Redevelopment Project Area No. 2. or the EIR.
There was none.
The Mayor then called for oral testimony in opposition to
adoption of Redevelopment Project Area No. 2 or the EIR.
There was none.
The Mayor entertained a motion to continue the public hearing to
7:30 P.M. on Tuesday, April 18, 1989.
MOTION It was moved by Council Member Bohnenberger, seconded
by Council Member Sniff to continue this public hearing to 7:30
P.M. on Tuesday, April 18, 1989. Motion carried unanimously.
Upon motion by Council Member Sniff, seconded by Council Member
Bosworth, the meeting was adjourned. Motion carried unanimously.
SAUNDRA L. JU City Clerk/Secretary
City of La Quinta/La Quinta Redevelopment Agency
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