HomeMy WebLinkAboutrda min 1986/07/22
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
Tuesday, July 22, 1986 Council Chamber
9:29 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Chairman Cox; Members Malcolm, Moore,
Campbell, McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: Executive Director Goss, Agency Attorney
Harron, Community Development Director
Desrochers, Assistant Community
Development Director Gustafson
1. RESOLUTION 707 APPROVING ESCROW AGREEMENT WITH ONE PARK
LIMITED FOR SATISFACTION OF DEVELOPMENT
APPROVAL CONDITION ON SCHOOL MITIGATION
(Community Development Director)
At their meeting of July 17, 1986, the Agency directed that a
special meeting be held to consider an escrow agreement for school
fees for the subject project. A further impediment to issuance of
building permits for the project may also exist. The agreement
will include the following three conditions desired by the Agency
Attorney:
1. The full amount of fees being requested by the school
districts be deposited into escrow.
2. The Agency have the absolute right to release the full
escrowed amount to the school districts on December 1, 1986 or
upon issuance of occupancy approval, whichever comes first.
3. The developer indemnifies the Agency from legal action by the
school districts.
Approval of this agreement will cause $350,880 to be deposited
into escrow by the developer. The payment of the fine arts fee
based on evaluation will result in $61,461 being deposited into
the Town Centre Fine Arts Fund.
Community Development Director Desrochers recommended the Escrow
Agreement be approved as satisfaction of the school mitigation
condition for the One Park Limited project.
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Minutes - 2 - July 22, 1986
Agency Attorney Harron referred to the escrow agreement
distributed to the Agency this evening, noting the following
corrections:
Bottom page 1, the escrow fee should read "$350,880";
Figures required by Sweetwater Union High School District and
Chula vista School District is transposed on page 2;
The following language should be added at the end of number 1
of the escrow agreement, page 2, to read "Said amount shall be
deposited in an interest bearing account and all interest
earnings shall be paid to the respective parties in proportion
to the final fee paid."
MS (Cox/McCandliss) make changes to the proposed Escrow Agreement.
William Taylor, County Counsel, 1600 Pacific Highway, San Diego
92101, representing Chula Vista and Sweetwater Union High School
Districts declared it is the legal right of the school districts
to have money paid to them before issuance of building permits; no
reasonable basis to postpone Agency's action for another 6 months;
requested the Agency adopt the resolution, as amended; referred to
letter submitted to the Agency dated July 22, 1986.
The motion to approve the amendments passed unanimously.
Discussion ensued relative to preparing a child generation study;
method for collecting fees relating to SB 201; no agreement ever
signed by County regarding preparation of child generation study;
wording change by the Redevelopment Agency was only indication to
prepare such a study; questioned if Senior Housing Projects were
exempt from paying school developer fees.
In answer to Member Malcolm's question, Mr. Taylor stated he has
been directed by the Sweetwater Union High School District to
develop a formal contract to be entered into with an owner
restricting occupancy to adults and waiving fees for all other
projects.
Mr. Andrew Campbell, representing the Sweetwater Union High School
District, stated the City of San Diego and some other
municipali ties have ruled that senior housing should not have a
charge; he will return to the School Board with a document to
address this issue and not charge for senior housing; if it is
discovered students are being generated in these housing projects,
then all fees are due and payable; a demographic program is being
prepared as well; anticipated legislation capping school fees at
$2,000 will be passed; if this bill is passed in September or
October, developers will probably withhold applying for building
permits.
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Minutes - 3 - July 22, 1986
In answer to Member Malcolm's question, Agency Attorney Harron
concurred there is no question the City can call on the funds
deposited in escrow.
RESOLUTION OFFERED BY MEMBER MALCOLM, as amended, the reading of
the text was waived by unanimous consent, passed and approved
unanimously.
2. DIRECTOR'S COMMENTS None.
3. CHAIRMAN'S COMMENTS None.
4 . MEMBERS' COMMENTS
a. Member Moore announced tickets for the 75th Anniversary picnic
are available in the City Clerk's office.
ADJOURNMENT AT 9:46 p.m. to the Joint Council/Agency meeting on
Monday, July 28 at 4:00 p.m. and the regular Redevelopment Agency
meeting on Thursday, August 7, 1986 at 7:00 p.m.
0845/ak
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