HomeMy WebLinkAboutAgenda Report - August 2, 1989 (66)INDICATED ACTION: Consider the recommendation of the Planning Coinmission to
ire a consultant to conduct a feasibility study on the formation of a
Redevelopment Agency for the City of Lodi.
BACKGROUND INFORMATION: At its July 10, 1989 regular session the Planning
Commission receive a presentation from the City Attorney of the purpose and
mechanics of creating a Redevelopment Ageccy. This presentation had been at the
request of the Planning Commission. The City Attorney's memorandum is attached
for City Council review.
It is probable that some members of the Planning
express their ideas on this recommendation.
JESB. SC RO ER
nity Development Director
Attachment
CC8917/TXTD.OIC
Commission will be present to
July 25, 1989
MEMORANDUM
To: Planninq Commission Members
James B. Schroeder, Community Development Director
David Morimoto, Associate Planner
From: Bob McNatt, City Attorney
Date: Kay 16, 1989
Re: Overview of Purpose For and Mechanics of Creating a
Redevelopment Agency
At the request of the Planning Commission, this n= has Seen prepared
as a brief overview of the purpose for and mechanics of creating a
Redevelopment Agency. I t is somewhat brief because the topic is a
broad one, and an attempt to cover it comprehensively would require
something the size of a textbook.
The applicable law is found in the Community Redevelopment Law (Health
and Safety Code (H&S) 933000 et seq., the California Environmental
Quality Act (CEQA) (Public Resources Code §21000 et seq.),
miscellaneous provisions of the Political Reform Act (Government Code
§81000) and the Relocation Assistance Law (Government Code §7260 et
seq.).
The general
purposes and goals of a
Redevelopment Agency are
to prepare
pl ans for
the
E r-,
blighted areas, to
disseminate
information
on
redevelopment, and
to accept or obtain
financial
as,.istancc
from
public and private
so,,rces, to acquire or
dispose of
e:�;�:�h7
or
To: Planninq Commission Members
James B. Schroeder, Community Development Director
David Morimoto, Associate Planner
From: Bob McNatt, City Attorney
Date: Kay 16, 1989
Re: Overview of Purpose For and Mechanics of Creating a
Redevelopment Agency
At the request of the Planning Commission, this n= has Seen prepared
as a brief overview of the purpose for and mechanics of creating a
Redevelopment Agency. I t is somewhat brief because the topic is a
broad one, and an attempt to cover it comprehensively would require
something the size of a textbook.
The applicable law is found in the Community Redevelopment Law (Health
and Safety Code (H&S) 933000 et seq., the California Environmental
Quality Act (CEQA) (Public Resources Code §21000 et seq.),
miscellaneous provisions of the Political Reform Act (Government Code
§81000) and the Relocation Assistance Law (Government Code §7260 et
seq.).
The general
purposes and goals of a
Redevelopment Agency are
to prepare
pl ans for
the
redevelopment of
blighted areas, to
disseminate
information
on
redevelopment, and
to accept or obtain
financial
as,.istancc
from
public and private
so,,rces, to acquire or
dispose of
land, build
or
rehabilitate real property, and thereafter to manage or
operate it
(H
& S 533000 et seq.;
51 Cal .Jur. 3d, Public Housing,
^37).
As stated in H&S § 33100, there is a Redevelopment Agency in every
community, which cannot function until the City Council declares the
need for such Agency by ordinance. This ordinance is then filed with
the Secretary of State in order to officially activate the
Redevelopment Agency (H & S § 33101).
She members or the kgency are appointed by the Council (H&S § 3311011
and may constitute a hoard of 5 or 7 members. In the alternative, the
Council may desionati itself as the Redevelopment Agency (H&S §33114.5;
§33200).
The activities which L Redevelopment Agency may carry out are also
specified by statute. Generally, the first activity involves the
drafting and adoption of a Redevelorment Plan (H&S § 33131) and a
determination of the are? which is to be redeveloped. Certain findings
are also reauired for the determination of this "bliohted area" which
is to be the redevelopment are? (H&S E 33320.11'. "8iioht" is defined
as "unfit or unsafe buildings" or. "p"operti' suf erin0 from economic
dislocation; deterioration or disuse oecause of:
11
Memorandum
May 16, 1989
Page Two
1. Faulty planning
2. Physical conditions
3. Depreciated values
4. Inadequate public improvements
5. Impaired investment, or
6. Flooding
d
The Planning Commission is charged with responsibility for the formal
selection of the redevelopment project area (H&S § 33322, § 33325).
In addition to the study and adoption of the redevelopment plan and
designation of the redevelopment area, an environmental impact report
(EIR) is required under Public Resources Code § 21000 et seq. The
Planning Commission would also be involved in that process, since the
designation of a redevelopment area is a "project" within the meaning
of CEQA.
If a Redevelopment Agency is deemed appropriate, some of -she benefits
associated with the function of such Agency include the ability to
accept certain public or private aid (including Federal grants if
available), the power to issue certain types of bonds or certificates
of participation which may be utilized to pav for projects, and such
financing vehicles as tax increment financing.
In addition, the Kedevelopment Agency is deemed an independent entity
for purposes of eminent domain, possessing independent authority under.
the Government Code and Code Gf Civil Procedure. The Redevelopment
Agency can do some things that the City Council cannot in conjunction
with redevelopment projects, such as the acgUsition, rehabilitation
and sale of private property. The Council is generally prohibited from
rehabilitating and then selling on the open market, the real property
acquired by condemnation. This is one of the attributes of a
Redevelopment Agency, however.
I would be happy to address specific questions wnich you might have.
Bob Mchatt
City Attorney
BM :vc
REGEVELO TX, TA.011'