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Home My WebLink AboutRDA Agenda Packet 042704NOTICE OF A SPECIAL MEETING COMMUNITY REDEVELOPMENT AGENCY OFATASCADERO Tuesday, April 27, 2004 4:00 p.m. Pavilion on the Lake 9315 Pismo Ave. Atascadero, California REVIEW OF RETAIL TRADE ASSESSMENT ROLL CALL: PUBLIC COMMENT: PRESENTATION: 1. Presentation by Buxton of Retail Zones Analysis (Phase 1) Staff recommendation: Board to give direction to Buxton concerning focus of Phase II of their services. ADJOURNMENT: STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO CITY OF ATASCADERO MARCIA MCCLURE TORGERSON, being fully sworn, deposes, and says: That she is the duly elected City Clerk of the City of Atascadero and that on Wednesday, April 21, 2004, she caused the above Notice to be posted on the door of the City Hall Annex, 6905 EI Camino Real, Suite 6, Atascadero, California. MARCIA MCCLURE TORGERSON, C.M.CJ City Clerk City of Atascadero (ml a n a 1918 ® 1 7a 6' CITY OF ATASCADERO COMMUNITY REDE VEL OPMENT A GENC Y AGENDA TUESDAY, APRIL 27, 2004 6:30 P.M. Atascadero Lake Pavilion 9315 Pismo St. Atascadero, California ROLL CALL: Chairperson O'Malley Vice Chairperson Pacas Board Member Luna Board Member Clay Board Member Scalise APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Colony Square Presentation COMMUNITY FORUM: A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes — March 23, 2004 ■ Board Secretary recommendation: Board approve the Community Redevelopment Agency minutes of March 23, 2004. (Board Secretary) B. EXECUTIVE DIRECTOR REPORT: Wade McKinney, Executive Director 1. Redevelopment Plan Amendment: ■ Fiscal impact: There is a minor fiscal impact associated with public noticing and consultant and counsel review of the proposed amendments to the Redevelopment Plan. ■ Staff recommendation: Board consider and approve the proposed amendments to the Redevelopment Plan and forward a recommendation to the Planning Commission and City Council to hold appropriate hearings and amend the Redevelopment Plan. (Executive Director) C. ADJOURNMENT 2 Z ITEM NUMBER: RA A-1 ITEM NUMBER: RA A-1 DATE: 04/27/04 CITY OFATASCA DERO COMMUNITY REDEVELOPMENT AGENCY DRAFT MINUTES TUESDAY, MARCH 23, 2004 6:30 P.M. Chairperson O'Malley called the meeting to order at 6:34 p.m. ROLL CALL: Present: Board Members Clay, Luna, Scalise and Chairperson O'Malley Absent: Vice Chairperson Pacas Others Present: Board Secretary Marcia McClure Torgerson, Recording Secretary Grace Pucci Staff Present: Executive Director Wade McKinney, Redevelopment Specialist Marty Tracey, Board Treasurer Rachelle Rickard, Community Development Director Warren Frace, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Fire Chief Kurt Stone, Police Lt. John Couch and City Attorney Roy Hanley APPROVAL OF AGENDA: MOTION: By Board Member Luna and seconded by Board Member Clay to approve the agenda. Motion passed 4:0 by a roll -call vote. COMMUNITY FORUM: None RDA 03/23/04 Page 1 of 2 3 ITEM NUMBER: RAA -1 ITEM NUMBER: RAA -1 DATE: 04/27/04 A. CONSENT CALENDAR: 1. Community Redevelopment Agency Minutes — February 24, 2004 ■ Board Secretary recommendation: Board approve the Community Redevelopment Agency minutes of January 24, 2004. (Board Secretary) MOTION: By Board Member Clay and seconded by Board Member Scalise to approve Item #A-1 Motion passed 4:0 by a voice vote. B. DIRECTOR'S REPORT: Wade McKinney, Executive Director Executive Director Wade McKinney announced that the Buxton Company has started their market research, all contracts are approved and it is expected the report will be on time. The facade improvement program is expected to be on the next Redevelopment Agency agenda. Board Member Scalise asked for an update on the Carlton Hotel. Mr. McKinney gave a brief progress report. C. ADJOURNMENT Chairperson O'Malley adjourned the meeting at 6:37 p.m. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary RDA 03/23/04 4 Page 2 of 2 ITEM NUMBER: RA B-1 DATE: 04/27/04 Community Redevelopment Agency of Atascadero Office of the Executive Director Redevelopment Plan Amendment RECOMMENDATION: Board consider and approve the proposed amendments to the Redevelopment Plan and forward a recommendation to the Planning Commission and City Council to hold appropriate hearings and amend the Redevelopment Plan. DISCUSSION: As a result of the Strategic Planning sessions held in January of 2004 the City Council and the Redevelopment Agency of Atascadero desire to make amendments to the Redevelopment Plan (Plan) adopted in July 1999, and amended in May of 2003. The amendments discussed consist of changes to the following sections of the Redevelopment Plan that was approved and adopted by Ordinance 362 on July 13, 1999 by the Atascadero City Council: Section 320.1 Property Acquisition and Management; Analysis: The Board reached consensus at their January 2004 sessions that the current adopted Plan has limited the Agency's ability to initiate and progress with redevelopment activities by requiring that eminent domain be used only to acquire non- conforming properties. Amendments proposed to the Redevelopment Plan involve the use of eminent domain. The current Redevelopment Plan forbids the use of eminent domain on properties that are zoned residential, used for residential purposes, or property that is a conforming use as defined by the Atascadero General Plan and the Atascadero Zoning Ordinance. 5 ITEM NUMBER: RA B-1 DATE: 04/27/04 The proposed amendments are as follows: Section 1. That the Redevelopment Plan shall be amended as follows: Section 320.1 However, eminent domain shall not be used for any of the following: a) property zoned residential, according to the Atascadero Zoning Ordinance, b) property used for residential purposes. Following consideration and approval of the proposed Redevelopment Plan amendments by the Agency Board, the proposed amendments to the Plan will be forwarded to the City Council to conduct a joint meeting of the Redevelopment Agency and City Council and hold a public hearing to take comment from interested parties on the proposed Plan amendments. The proposed changes have been deemed "minor changes" by Agency legal counsel because they do not involve changes to the boundaries of the Project Area or ones that "affect the local taxing agencies". Therefore, review by the Planning Commission, environmental documentation, and a re -certification of the findings of blight are not required. The proposed amendments and the process governing such amendments are in conformance with California Health and Safety Code ("HSC") §33450-33458. The proposed Plan amendment and public hearing have been duly noticed per HSC §33450- 33458. The tentative timeline for completion of the Plan amendment process is as follows: 1. Agency Board initiates Plan amendment. (current) 2. Agency prepares Plan amendment and report to Council as necessary. 3. Agency Board transmits report to Council and sets date for joint public hearing. 4. Agency Board and City Council conduct joint public hearing on Plan amendment. Agency Board and City Council vote on proposed amendments. Approval requires a two-thirds majority vote per Section 640 of the current Plan. (May 2004) Approval of the proposed amendments to the Plan by joint conduct of the City Council and Agency will amend Atascadero City Ordinance 362 and adopt and approve draft Ordinance (Attachment 2) amending the Redevelopment Plan. 1. The City Council (which also serves as the Agency Board) discussed potential changes to the Eminent Domain regulations and directed staff to identify potential changes and their impact. Currently the Agency's Eminent Domain 0 ITEM NUMBER: RA B-1 DATE: 04/27/04 Authority is limited. According to the Redevelopment Plan eminent domain shall not be used for any of the following: a) property zoned residential, according to the Atascadero Zoning Ordinance; or, b) property used for residential purposes; or c) property that is a conforming use as defined by the Atascadero General Plan and the Atascadero Zoning Ordinance. As the City has learned from implementing the Downtown Revitalization Plan and working with the Main Street Association, the limits on eminent domain prohibit certain projects that are widely supported in the community. There are downtown properties that are in need of redevelopment where the property owner (sometimes an absentee land owner) is reluctant to make improvements. Eminent domain is one of the few sources of leverage the Agency could have to deal with these properties. Pursuant to the Redevelopment Plan, a vacant property downtown could not be subject to eminent domain, yet it could be a significant barrier to downtown improvement. Likewise, a building that is either vacant or contains a use consistent with current regulations is not eligible for eminent domain even if it is boarded -up. The City had and continues to have concerns regarding the use of the eminent domain authority. The Agency sought to insure property owners that land would not be condemned for any arbitrary reason. At the same time, the Agency established downtown revitalization, as the main goal and eminent domain could be critical to the success of this goal. Limited eminent domain authority has reduced the efficacy of the Agency in addressing blighted properties and recalcitrant owners. Absent the ability to deal with key properties, downtown revitalization could be stifled. There are potential limitations that could be placed upon eminent domain that could still meet all of the objectives. The authority could still be restricted to non- residential property thus protecting homes. By State law an eminent domain vote requires a super majority before implementation. In this way, the Agency has assurance that the project has wide spread support before approval. 2. Direct staff to amend other Sections of the Redevelopment Plan not discussed in this report. FISCAL IMPACT: There is a minor fiscal impact associated with public noticing and consultant and counsel review of the proposed amendments to the Redevelopment Plan. rA