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HomeMy WebLinkAboutcc min 2006/12/14 CVRC/RDA MINUTES OF A REGULAR MEETING OF THE CHULA V1STA REDEVELOPMENT CORPORATION (CVRC) AND REDEVELOPMENT AGENCY, AND AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 2006 6:00 P.M. A Regular Meeting of the Chula Vista Redevelopment Corporation, Redevelopment Agency and an Adjourned Regular Meeting of the City Council of the City ofChula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. CVRC ROLL CALL PRESENT: Directors: Castaneda (arrived at 6:03 p.m.), Desrochers, Lewis, McCann, Paul, Ramirez, Rindone (arrived at 6:44 p.m.), Rooney, and Chair Cox REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Chair Cox CITY COUNCIL ROLL CALL PRESENT: Councilmembers: Castaneda (arrived at 6:03 p.m.), McCann, Ramirez, Rindone (arrived at 6:44 p.m.), and Mayor Cox ALSO PRESENT: Interim Executive Director/City Manager Thomson, General Counsel/City Attorney Moore, Assistant Chief Financial Officer/Finance Director Davis, Secretary Smith, Acting Community Development Director Hix, Planning Manager Ladiana, Principal Community Development Specialist Lee, Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE 1 . APPROVAL OF MINUTES - November 16, 2006 Staff Recommendation: That the CVRC and Redevelopment Agency approve the minutes of November 16.2006. Chair Cox stated that due to the temporary absence of Vice Chair Rindone, and the need for her and Agency member Ramirez' abstentions, the approval of the November 16, 2006 Redevelopment Agency minutes would be tabled until the arrival of Vice Chair Rindone. APPROVAL OF MINUTES (continued) ACTION: Director McCann moved approval of the CVRC minutes of November 16, 2006. Director Lewis seconded the motion and it carried 5-0, with Directors, Paul, Ramirez and Chair Cox abstaining, and Vice Chair Rindone absent. 2. WRlTTEN COMMUN1CATIONS Memorandum from Director Doug Paul requesting an excused absence from the CVRC/Redeve1opment Agency/City Council meeting of November 16, 2006. Staff Recommendation: That the CVRC/Redevelopment Agency/City Council excuse the absence. ACTION: Director/Agency member/Councilmember Castaneda moved to excuse the absence. Director/Agency member/Councilmember McCann seconded the motion and it carried 7-0, with Director Paul abstaining and Vice Chair/Deputy Mayor Rindone absent. RECESS At 6:06 p.m. Mayor/Chair Cox recessed the City Council and Redevelopment Agency. DEVELOPMENT PROJECT UPDATES Staff will present updates to the CVRC on any new development applications or proposals that have been received, are located within the City's Redevelopment Project Areas, and have been through the first RAC review. These items are for information only and do not require any formal action by the Board of Directors. Acting Community Development Director Hix introduced the staff report stating that a project update section had been added to this and all future agendas. She then introduced Planning Manager Ladiana who provided an update of the projects currently in the review process, and explained the application process for the projects. 3. PROJECTS/APPLICATIONS/PROPOSALS a. Vasquez Multi-Tenant Building, 144 - 27th Street b. Public, 354 Church Street c. Exterior Remodel, 357-369 Third Avenue d. Savon Storage, 3712 Main Street e. Douglas Wilson ENA Project, Davidson and Church West f. Social Security, 626 L Street (Social Security building) Page 2 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov December 14, 2006 PROJECTS/ APPLICA TIONS/PROPOSALS (continued) Chair Cox confirmed that the projects would go to the RAC for public review and interaction and once they come back with their redesigns will be forwarded on to the CVRC. She then inquired as to when the issue of removing parking for buildings would come back to the CVRC. Principal Community Development Specialist Lee responded that the parking study was an approximately four-month process and should be completed in late-March, early-April of 2007. Additionally, he stated that the purpose of the study was to look at both long-term management strategies as well as short-term management strategies such as the immediate parking needs if some of the lots were to be redeveloped. Director Desrochers expressed concerns with the sequence of how things were being processed and what the developers were being told. Principal Community Development Specialist Lee explained that all of the Exclusive Negotiating Agreement (ENA) developers were aware that the progress of their projects was dependant upon the passage of the Urban Core Specific Plan, were making a conscientious effort to make their own decisions about what they were willing to invest at this time, and were aware of the parking management studies. Mr. Lee also stated that each of the developers who have ENAs for parking lots understand the timing of the management study and how that will fit into overall negotiations. Additionally, he stated that the ENA's originally entered into were amended to be predicated upon the adoption of the Urban Core Specific Plan to allow for flexibility, and most are set to expire around March of2007. RECONVENE At 6:21 p.m., Mayor/Chair Cox reconvened the City Council and Redevelopment Agency with the Chula Vista Redevelopment Corporation. All members were present except for Vice Chair/Deputy Mayor Rindone. PUBLIC HEARINGS 4. CONSIDERATION OF THE 2006 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE TOWN CENTRE I PROJECT AREA Director/Agency member Castaneda recused himself from participation on this item stating he had interest in a piece of property within the project area. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. Principal Community Development Specialist Lee stated that staff is recommending a continuance of the public hearing because it involves items that are companion actions to the proposed Urban Core Specific Plan which are contingent upon the Urban Core's Environmental Impact Report, and need to move forward concurrent with or after the Urban Core Specific Plan. Page 3 - CVRC/RDA Minutes http://www.chulavistaca.gov December 14, 2006 PUBLIC HEARINGS (continued) There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Director/Agency member McCann moved to continue the public hearing to a future date to be determined and directed staff to re-notice the hearing. Director Desrochers seconded the motion and it carried 7-0 with Director/Agency member Castaneda abstaining and DirectorNice Chair Rindone absent. 5. CONSIDERATION OF ADOPTION OF A RESOLUTlON AUTHORlZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS FOR SPACE 2 AT ORANGE TREE MOBILEHOME PARK Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Cox opened the public hearing. Acting Community Development Director Hix recommended the item be continued to January 11,2007, as minor changes to the contract are required. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Agency member McCann moved to continue the public hearing to January 11, 2007. Agency member Ramirez seconded the motion and it carried 4-0, with Vice Chair Rindone absent. PUBLIC COMMENTS There were none. ACTION ITEMS 6. YEAR-END LEGISLATIVE REPORT ON 2006 REDEVELOPMENT BILLS Staff will provide a year-end report on 2006 legislation affecting the Redevelopment Agency. This report is for informational purposes only and does not require formal acti on. Acting Community Development Director Hix introduced Principal Community Development Specialist Lee, who provided the report. Mr. Lee's report included a background of the United States Supreme Court case of Kelo v. City of New London, which resulted in the California statewide ballot measure pertaining to eminent domain known as Proposition 90. Although Proposition 90 failed in the November election, the Legislature passed eight separate bills that directly impacted the powers and procedural requirements of California's 386+ redevelopment agencies. Seven of the bills were signed and will become effective on January 1, 2007. Page 4 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov December 14, 2006 ACTION ITEMS (continued) Mr. Lee highlighted Senate Bill 1206 (Kehoe) which drew the greatest amount of attention in Sacramento of the seven bills and carried the broadest number of sweeping changes to state redevelopment law, including multiple provisions tightening the definition of "blight." Redevelopment agencies must make findings of "blight" to include territory in a redevelopment project area where their redevelopment powers may be exercised. The expansion of redevelopment project areas is already arduous, timely, and costly today. SB 1206 would make it all the more arduous, timely, and costly, which has important ramifications for Chula Vista since the Agency's 2005-2009 Five Year Implementation Plan prioritizes the expansion of the City's project areas as a key redevelopment and housing objective during the next few years. Mr. Lee also emphasized the uncertainties of new laws in their implementation and that, as with any state law, would take time and new case law to determine how certain provisions and defmitions should be applied and carried out in the future. Director Desrochers inquired as to how the local Chula Vista ordinance regarding eminent domain dovetails into the legislation that is taking effect. General Counsel Moore responded that the new Charter amendment created by Proposition C prohibits for the most part, condenmation for economic development purposes period. This is stricter than the State Constitution, and thus, any of the new legislation. General Counsel Moore stated that the legality of Proposition C's ability to supersede the State Constitution has not been analyzed and is not proposed to be analyzed since there has been no challenge to Proposition C. Staff Recommendation: That the CVRC/Redevelopment Agency receive and file the Legislative report. ACTION: Chair Cox noted no objection to staffs recommendation to receive and file the report. Vice Chair Rindone was absent. 7. CHIEF EXECUTIVE OFFICER'S REPORTS Interim Chief Executive Officer Thomson requested Acting Community Development Director Hix and her staff present the reports. Mr. Thomson requested Acting Community Development Director Hix report on both items 7.a. and 7.b. a. Report on Pipeline Process Acting Community Development Director Hix responded that this was a follow-up to a request from the last meeting for information. Ms. Hix stated that pipeline typically refers to how to regulate projects that are already in the process when the land use regulations are adopted. Both Community Development staff and the City Attorney's Office had provided memorandums, which drew the same conclusion, that there is already an existing section of the Chula Vista Municipal Code, Section 19.07.030 which related to specific plans and adequately addressed the pipeline issue for the Urban Core Specific Plan or others, although each would be taken on its own merits. The City Attorney's memorandum also addresses the A VCO rule, which essentially Page 5 - CVRC/RDA Minutes http://www.chulavistaca.gov December 14,2006 CHIEF EXECUTIVE OFFICER'S REPORTS (continued) requires projects to have all required permits and be substantially under construction to be considered in the pipeline. Further, Ms. Hix noted that Attachment 2 to the memorandum was a draft policy, which was shared with Mr. O'Neill, who felt it adequately addressed his concerns, and several other developers who seemed pleased, and would be brought back as part of the plan. Director Ramirez expressed concerns that the latitude given would increase the risk for the developer and give them false hope in entering into a project. b. EPA Brownfields Grant Principal Community Development Specialist Lee provided the report noting that this was a positive informational item that could present tremendous opportunities in the Southwest Redevelopment Project Area by looking at how contaminated properties, considered Brownfield sites, could be redeveloped. Mr. Lee explained that staff had submitted an application to the Environmental Protection Agency (EP A) for a $200,000 grant for a community-wide assessment of Brownfield sites in the Main Street industrial corridor. If approved, the grant would provide the City and Redevelopment Agency an opportunity to assess and eventually work with individual property owners and developers to identify and clean-up their sites. There are currently over 300 facilities that use or generate hazardous substances or petroleum products in the Main Street area, 39 of which have leaking underground storage tanks, and there have been several emergency responses for hazardous substance spills. There are existing, incompatible land uses where residential properties are located adjacent to industrial areas with brownfield contamination. The inventory and eventual clean-up program would seek to address these issues. The Main Street industrial corridor also is located in the middle of a regional watershed, which dumps water into the bay and thus poses environmental risks to sensitive habitat areas and the regional watershed as well. The inventory would be the first step in assessing the risk and challenges ahead, would provide an educational tool for the community about the risks, and a notification to property owners who may have contamination on their sites. They then could approach the City and Agency to partner to address the issues and assess at a more detailed level what the contamination levels are and move forward toward clean up. The EP A grant process involves the announcement of the grant, application submittal, selection and award (May 2007), submission of a detailed work plan, entering into a cooperative agreement between the City and the Federal government, and then beginning the inventory. Director Castaneda inquired as to how staff would work with property owners to obtain permission to enter properties to do the inventory. Mr. Lee responded that there would be a historical research of the sites to create the inventory first. The next step would be site specific clean up opportunities that would allow property owners to approach the City for redevelopment oftheir properties. The intent is not for staff to go after the property owners. Director Paul inquired as to whether City staff would be used to do the inventory. Mr. Lee responded that most of the funds would be used to obtain outside consultants and an RFP would be brought back to the CVRC should the grant be received. The Agency will provide in-kind staffing to support the program. Mr. Lee also clarified that the inventory will not require property access. Page 6 - CVRC/RDAlCC Minutes http://www.chulavistaca.gov December 14,2006 8. CHAIR'S REPORT There was none. 9. DIRECTOR'S REPORT Director Rindone arrived at 6:44 p.m. and announced his delay was due to his attendance at the Chula Vista Chamber's sharing ofthe International Partnership between Hilltop High School, the City of Chula Vista, the Sweetwater School District and now, for the first time, the Chula Vista Chamber of Commerce. They had a real-time, live, international teleconference with Mainland China and our Sister School in China. He then requested his colleagues calendar February 6th for a City Banquet to honor the Chinese Delegates. Chair Cox stated she was prepared to offer approval of the trailed November 16, 2006 Redevelopment Agency Minutes, however now Vice Chair Rindone was present but Agency member McCann had left the dais. Chair Cox requested the minutes be deferred to the next meeting. ADJOURNMENT At 6:53 p.m., Mayor Cox adjourned the City Council to its regularly scheduled meeting on December 19, 2006, at 6:00 p.m., and the Chula Vista Redevelopment Corporation and Redevelopment Agency to their regularly scheduled meetings on January 11,2007, at 6:00 p.m. g~pqL/ Dana M. Smith, Secretary Page 7 - CVRC/RDA Minutes http://www.chulavistaca.gov December 14, 2006