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HomeMy WebLinkAboutReso 1991-16407 RESOLUTION NO. 16407 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING, AFTER PUBLIC HEARING, THE SALE OF CERTAIN DESIGNATED PROPERTY OF THE COMMUNITY REDEVELOPMENT AGENCY FOR REDEVELOPMENT TO SCRIPPS MEMORIAL HOSPITALS PURSUANT TO, AND IN FURTHERANCE OF, THE REDEVELOPMENT PLAN, MAKING CEQA FINDINGS, APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM. WHEREAS, the Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California, "Agency" herein, is charged with the elimination of blighting influences in the City; and, WHEREAS, in conjunction with its responsibility to eliminate blight, the Agency has formed the Town Centre II Redevelopmerit Project Area, consisting of various non-contiguous Project Locations, one of which, Project Location No. 4, includes a certain designated area described as follows: is a rectangular area of land approximately 8.9 acres bounded on the south by H Street, on the east by the western boundary of the parcel commonly known as 435 H Street (the parcel on which the existing Scripps Hospital is currently located), on the west by Fifth Avenue, and on the north by the southern boundary of the parcel on which the Chula Vista Junior High School is located, commonly known as 415 Fifth Avenue, and is diagrammatically presented as the shaded area within the bolded area designated in Exhibit A ("Property"); WHEREAS, on or about July 12, 1988, the Agency had become seriously concerned about the blighting influences located in and around said Property; and, WHEREAS, in conjunction with a plan for the expansion of their existing hospital facility currently adjacent to the Property (to wit: 435 H Street), Scripps Memorial Hospital ("Scripps") has submitted a redevelopment plan ("Scripps Plan") with the Agency for use of the Property as a hospital campus containing an expanded hospital, as well as related medical facilities such as one or more medical office buildings and surface and structured parking, all as more fully set forth as the proposed project in the EIR No. 90-07 ("Scripps Plan" or alternatively "Proposed Project"); and as a result thereof, at a joint special meeting of the City Council and the Agency held on November 7, 1991 ("Meeting"), the City Council adopted resolutions including a resolution finding that the Environmental Impact Report was prepared in compliance with CEQA ("Council Certification Resolution"), and a resolution making various other findings required by CEQA, adopting a statement of overriding considerations, and Resolution No. 16407 Page 2 approving a mitigation monitoring and reporting program ("Council CUP Resolution") and a resolution of necessity ("Necessity Resolution"); and, WHEREAS, at said public meeting the Agency had rejected all other plans for the development of the Property other than Scripps, and had presented to it by Scripps, an irrevocable option to contract with Scripps for the redevelopment of the subject Property, all as articulated in the Scripps Hospital Expansion Owner Participation Agreement between the Agency and Scripps Memorial Hospitals, dated for the purposes of reference as of November 7, 1991, {"OPA" herein); and, WHEREAS, the OPA proposes the sale of the aforementioned Property now owned or to be acquired by the Agency to Scripps; and, WHEREAS, under the provisions of Health and Safety Code Section 33433, before any property of the Agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, the sale or lease shall first be approved by the City Council after public hearing, duly called, noticed and held in the manner required by law; and, WHEREAS, the Agency has caused to be prepared, and has made available to the public for public inspection and copying a copy of the OPA and a report containing the requirements of Section 33433, which report was entitled, "PUBLIC REPORT: DISPOSITION OF PROPERTY PARCEL NUMBERS: BOOK 568, BLOCK 370, PARCELS 30, 31, 32, 33, 34, 40, 42, 47, 48, BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA" dated October 2, 1991 {"Section 33433 Report", herein}, which by reference thereto is incorporated herein and maintained on file in the Office of the City Clerk; and, WHEREAS, at said public meeting, pursuant to the requirements of Health and Safety Code Section 33433, the City was called upon to approve the OPA involving the sale of property owned or to be acquired by the Agency; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS: 1. The Section 33433 Report was made available to the public no later than the time of publication of the first notice of the hearing, to wit: October 2, 1991. 2. The public hearing at or after which this resolution was adopted was duly noticed at to its time and place in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing. 3. The Agency has not provided that the approval of sale of property should be by a vote of two-thirds of its members, and accordingly, only a majority vote is required for the adoption of this resolution. Resolution No. 16407 Page 3 4. The Agency hereby finds that the consideration for the Property is not less than fair market value in accordance with covenants and conditions governing the sale. 5. The consideration which the Agency is receiving for the sale of the Property is necessary to effectuate the purposes of the Town Centre II Redevelopment Plan. 6. The Section 33433 Report has been prepared, and filed in the Office of the City Clerk and in the Office of the Executive Director, and made available for public inspection and copying, all in the manner required by law. Same is incorporated herein by reference as if set forth in full herein. 7. All protests, if any, to the proposed project, and the sale of property contemplated therein, were made and received at said public hearing. 8. The City Council of the City of Chula Vista does hereby approve the sale of the Property in the manner set forth in the OPA. g. Compliance with CEQA. In related proceedings held by the City Council and Agency Board, at the Meeting at which this resolution was passed and adopted, the Agency Board, acting as the City Council, reviewed and approved the Final Environmental Impact Report ("FEIR") which considered this approval as part of the Project and which was prepared in contemplation that condemnation of all or a portion of the Property, referred to in the FEIR as a "acquisition and disposition by voluntary sale or use of eminent domain, including the possible use of redevelopment agency eminent domain powers" (see FEIR, page 26) would be one of the discretionary actions. Said City Council certified that the FEIR was prepared in accordance with CEQA all as more fully set forth in their Resolution {"Council Certification Resolution"}, made certain findings in the manner required by law, and adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program as permitted by CEQA all as more fully set forth in their Resolution {"Council CUP Resolution") incorporated herein by reference. A. Adoption of Findings. The Council has reviewed, considered, and wholly agrees with the contents and does hereby approve, accept as its own, incorporate as if set forth in full herein, and makes each and every one of the CEQA Findings attached to the Council CUP Resolution as Exhibit B, except as noted below in subsection {C). Resolution No. 16407 Page 4 B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in Exhibit B attached to the Council CUP Resolution, the Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the FEIR are feasible, and will become binding upon the Agency. C. Infeasibility of Alternatives. As set forth in Exhibit B to the Council CUP Resolution except for the "No G Street Access" alternative, the Council hereby finds that none of the proposed project alternatives set forth in the Final EIR can feasibly and substantially lessen or avoid the potentially significant adverse cumulative environmental effects that will not be substantially lessened or avoided by the adoption of all feasible mitigation measures. The Council specifically rejects the language in Exhibit B, relating to the "No G Street Access" alternative (Exhibit B, Section IX {C) (2}, which states that the No G Street Access Alternative is infeasible because the impacts are the same as the Project. The Council finds that the No G Street Access Alternative is in fact feasible. The Council finds that because G Street is a largely residential area (FEIR, Page 131), local residents may still be bothered by the sirens and emergency vehicle traffic. Although these impacts will still be less than significant from an environmental perspective, they could be eliminated altogether by prohibiting access from G Street. The No G Street Access Alternative does not result in any different traffic or noise impacts than the project. There are two other entrances for emergency vehicle and staff (H Street and Fifth Avenue). Diversion of emergency vehicles and staff from the G Street Access does not change the conclusion in the FEIR that the traffic impacts (after mitigation) are less than significant (FEIR, Page 131). The noise impacts will also be less than significant as there are less sensitive receptors on H Street and Fifth Avenue, and emergency vehicles will turn off their vehicles as they approach the hospital (FEIR, Page 88-89). As discussed in the FEIR, other impacts will remain the same as the Project (FEIR, Page 130-132). Although the FEIR states that the "land swap" with the junior high school "should not be necessary," this does not mean that it may not occur. D. Adoption of Mitigation and Monitoring Program. As required by Public Resources Code section 21081.6, the Council hereby adopts the mitigation monitoring and reporting program ("Program") set forth in Exhibit C to the Council CUP Resolution, incorporated herein by reference. The Council hereby finds the Program is designed to ensure that, during project implementation, Resolution No. 16407 Page 5 the Permittee/Project applicant, and any other responsible parties, implement the Project components and comply with the feasible mitigation measures identified in the Exhibit B to the Council CUP Resolution. E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant adverse environmental effects caused by the Project will remain. Therefore, the Council hereby issues, pursuant to CEQA Guidelines Section 15093 and as set forth in Exhibit D attached to the Council CUP Resolution, a statement of overriding considerations identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effect acceptable. Presented by Approved as to for by Chr~s Salomone ' ruce M. Boogaard Director of Community Development ~ty Attorney Resolution No. 16407 Page 6 Exhibit A to 33433 Resolution Diagram of Property ~ ~ f"FT'* ' f · "" Resolution No. 16407 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November, 1991, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Nader',~yor ATTEST: Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16407 was duly passed, approved, and adopted by the City Council at a Redevelopment Agency meeting held on the 7th day of November, 1991. Executed this 7th day of November, 1991. Beverly~.Au~helet, City Clerk