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HomeMy WebLinkAboutrda min 1990/11/01 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, November 1, 1990 Council Chambers 7:00 p.m. Public Services Buildin,! 1. ROLL CALL MEMBERS PRESENT: Chairman Cox; Members McCandliss, Nader and Malcolm MEMBERS ABSENT: Member Moore STAFF PRESENT: Assistant City Manager Asmus; Community Development Director Salomone; Agency Attorney Boogaard 2. APPROVAL OF MINUTES 9/20/90 and 10/4/90 MSUC (Cox/Nader) approve the minutes of 9/20/90 and 10/4/90 as submitted. CONSENT CALENDAR (Items 4 through 6) Chairman Cox noted that Item 3 was deleted from the agenda prior to the meeting. CONSENT CALENDAR ITEMS 4, 5 AND 6 WERE OFFERED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent, passed and were approved unanimously. 4. RESOLUTION 1126 AUTHORIZING A PAYMENT FOR RELOCATION EXPENSES TO SOUTH BAY COM~U3NITY SERVICES As part of the Agency effort to consolidate properties for redevelopment adjacent to the Windmill Farms site at the corner of Third Avenue and Alvarado in the downtown area, the Agency acquired the building located at 429 Third Avenue. Tenants of the building at that time included South Bay Community Services. In April 1990, South Bay Community Services was relocated to the City-owned building at 315 Fourth Avenue. The resolution authorizes payment of relocation expenses incurred during this move. 5. RESOLUTION 1127 RATIFYING FIRST AMENDMENT TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SHEPPARD, MULLIN, RICHTER AND HAMPTON FOR LEGAL SERVICES REGARDING THE SCRIPPS HOSPITAL EXPANSION AND AUTHORIZING CHAIRMAN TO EXECUTE SAME On July 20, 1989, the Redevelopment Agency approved an agreement with Sheppard, Mullin, Richter & Hampton to provide legal services associated with the Scripps Hospital expansion project. Funds Redevelopment Aqenc¥ Minutes -2- November 1, 1990 originally authorized for expenditure had been depleted. Authorization for expenditure of additional funds was requested. Member Malcolm questioned if it would be possible to be reimbursed for the cost of these services by Scripps Hospital. Agency Attorney Boogaard stated this had not been the subject matter of any pending negotiations. Community Development Director Salomone noted this would be a legitimate item of negotiation under the Semi-Exclusive Negotiation Agreement. Mr. Boogaard added it would be put on the table for negotiation and staff will report back to the Agency. Responding to questions of Member Nader, Mr. Salomone stated the major portion of the work on this project has been done by this firm and it would be difficult to stop at this point. Member Nader stated he is concerned that the Agency may be incurring obligations on a project that may not go forward depending upon the actions of the potential redeveloper. He would be more comfortable if he knew tkat Scripps would be reimbursing the Agency for these costs. 6~ RESOLUTION 1128 APPROVING AMENDMENTS TO THE TOWN CENTRE PROJECT AREA COMMITTEE'S BY-LAWS The Town Centre Project Area Committee recently amended the Committee's By-laws. The amendment includes two major items: 1) the creation of two additional positions for ex-officio members, and 2) the establishment of terms for its members. 7. WORKSHOP: SOUTHWEST REDEVELOPMENT PROJECT AREA Mr. Boogaard pointed out there are two Agency members (Members Malcolm and Nader) who have declared a potential conflict of interest regarding this project. He requested that Mr. Salomone state the urgency of the matter and why the rule of legally required participation must be followed at this meeting. Mr. Salomone stated that while the Agency will not be taking action at this meeting, there are three meetings coming up in quick succession that will require at least three Agency members' authorization in order to adopt the Southwest Redevelopment Project Area by December 31, 1990. It is staff's opinion that bifurcation is not an option since any part of the plan applies to the cumulative area. The bifurcation approach taken in the past at this point becomes no longer appropriate from a legal standpoint. The urgency is that action needs to be taken prior to November 30 in order to have the ordinance adopted by December 31, which will allow the Agency to capture a full year's tax increment. Redevelopment Aqenc¥ Minutes -3- November 1, 1990 Mr. Boogaard pointed out that the time line is such that if the.Agency delays a week it would create the intolerable loss of one year of tax increment. He stated it is his opinion that the rule of legally required participation can be followed and that rule requires that one of the two members with a potential conflict of interest remain at the meeting in order to keep a quorum. He suggested that a toss of a coin determine which member will participate in consideration of this matter. The toss of the coin determined that Member Malcolm would participate in consideration of this matter and that Member Nader would not participate in the discussion of this matter at this meeting. Chairman Cox suggested at this time that the Agency deal with the balance of the agenda and then return to the workshop session. 8. ORAL COMMUNICATIONS: None. 9. ITEMS PULLED FROM THE CONSENT CAL~DAR: None. 10. DIRECTOR'S REPORT: None. 11. CHAIRMAN'S REPORT: Chairman Cox asked when the Landis Parking Lot would be completed. Mr. Salomone responded that the lights were installed on this date and it is the intent to open the lot as soon as the lights are energized. A ribbon cutting ceremony will follow. Chairman Cox stated he would like staff to take a look at the signage at Chula Vista Towne Center. He noted it is difficult to read the signage during the day. MSUC (Cox/McCandliss) refer to staff to look at signage at Chula Vista Towne Center and report back to the Agency. MEMBERS' COMMENTS: None. The Redevelopment Agency went into closed session at 7:17 p.m. to discuss: Fourth and Oranqe Park Sit~: Potential acquisition of property located at 1427 Fourth Avenue (Muneo Torimaru, owner) pursuant to Government Code Section 54956.8; Pendinq Litiqation - SDG&E NOI pursuant to Government Code Section 54956.9; and Potential Litigation pursuant to Government Code Section 54956.9. The Redevelopment Agency reconvened in open session at 7:53 p.m. Redevelopment Aqenc¥ Minutes -4- November 1, 1990 Chairman Cox stated for the record that during discussion of the item concerning the Fourth and Orange Park Site in closed session that Member Malcolm excused himself because of a potential conflict of interest. During discussion of the item concerning Potential Litigation, Member McCandliss excused herself because of a potential conflict of interest. 7. WORKSHOP: SOUTHWEST REDEVELOPMENT PROJECT AREA Member Nader left the meeting at 7:53 p.m. and was not present for discussion of this matter. Mr. Frank Spevacek, representing Rosenow Spevacek Group, Inc., the Agency's consultant in the establishment of this project area, stated they would like to receive consensus from the Agency on the agreements that have been negotiated to date with the various taxing entities. Once consensus is received, they will proceed forward with a letter of understanding to each taxing agency. Carlos Flores, Rosenow Spevacek Group (RSG), stated the boundaries of the project area are the same that have been seen throughout the process, reflecting the recent change of the deletion of the northern parcels. Agency staff have informed RSG that they would like to process an amendment to the project area as quickly as possible after the completion of the main body of the project area. They hope to get that off the ground in January. RSG has added, as part of the agreements with the affected taxing entities, that they will not challenge that amendment when it is brought before them. This should expedite the process. Regarding the Redevelopment Plan, it is the same plan that was brought before the Agency previously. The provision on eminent domain is what was discussed at the previous meeting. Eminent domain will not be applied to residentially-used and residentially-zoned properties. Public notices that have gone out to the property owners in the project area have informed them as to whether or not they are subject to eminent domain. Mr. Flores further reported that the Plan has been reviewed by the Project Area Committee (PAC) over a series of meetings. The PAC has recommended two additions to the Plan. The first is a goal that states that they would like to see any jobs created by redevelopment projects be given to Chula Vista residents. The second change has to do with adding salt production to the allowable land uses. The PAC wanted a clarification on the fact that the H.G. Fenton plant would be allowed to continue its operations as a result of this plan being adopted. The exact language being added under the definition of vacant and other land uses (Section 602 of the Plan, pages 15 and 16) is as follows: "Includes vacant land and land use for agricultural purposes and salt production currently in place to the extent permitted under the Chula Vista Local Coastal Plan." Redevelopment Aqenc¥ Minutes -5- November 1~ 1990 Mr. Spevacek stated that a program EIR was prepared for this project; it was reviewed by the public agencies as well as the Project Area Committee. The Planning Commission is scheduled to review it on November 12. The document reviewed a variety of items and concluded that the only significant unmitigable impact was air quality. Mr. Spevacek further noted the public hearing on the Redevelopment Plan and Final EIR is scheduled for November 13. At that time staff will be requesting that the Agency open the public hearing and receive testimony, both for and against the redevelopment project and the EIR. After closing the public testimony part of the public hearing, it will be continued to November 20. The law requires that if any written communications in opposition to the plan are submitted prior to or at the public hearing, that the Agency must prepare written responses that are then adopted by the City Council. As such, the public hearing will be continued to November 20, and if appropriate, an ordinance will be introduced that night that adopts the Redevelopment Plan. The second reading of the ordinance will then be scheduled for either November 27 or 29. The ordinance will go through the 30 day referendum period and be in effect prior to January 1, 1991. Responding to questions, Mr. Spevacek stated that if no written objections to the plan are submitted prior to or during the public hearing, then it is possible to proceed to adopt the necessary resolutions that approve the Redevelopment Plan, certify the Final EIR and proceed with the introduction of the ordinance on November 13. Member McCandliss noted concern with the language added to the Redevelopment Plan concerning salt works. Rather than using the language "to the extent permitted", she would prefer that the language used be "to the extent currently permitted". She also noted that she will not be present at the meeting of November 20. Mr. Spevacek stated with regard to the issue of air quality, the EIR will conclude that the project as it is implemented will result in an unavoidable significant environmental impact. Because of that, the Council will be requested to adopt a resolution that states overriding considerations as to why it is believed that although that impact is significant, it is important to adopt the Redevelopment Plan. The Southwest Redevelopment Project Area is in a non-attainment air quality basin. As such, the area does not meet the federal and state air quality guidelines for the type of pollutants that they measure. Because of that and because any additional development would result in additional consumption of natural resources that create air pollution, any project that is approved in a non-attainment area results in significant unavoidable adverse impacts to air quality. Mr. Salomone stated staff would like a sense of the Agency's concurrence with the taxing agency agreements. If the Agency expresses concurrence with what has been done, staff will send a letter to those agencies expressing their concurrence. Responding to Redevelopment Aqenc¥ Minutes -6- November 1~ 1990 questions, Mr. Salomone stated that as of the 19th of October, it was necessary to either reach an agreement with the taxing agencies or they could have called for the establishment of a fiscal review committee which would have prolonged the process of establishing the project area for a considerable length of time. By negotiating a settlement, it is possible to begin receiving the tax increment earlier. Chairman Cox noted concern with the Project Area Committee's addition to the Redevelopment Plan regarding the goal that jobs created be made available to Chula Vista residents. Mr. Boogaard stated he would take a look into recent developments in case law with regard to this matter between now and November 13. MOTION MSC (Malcom/Cox) to accept the report. (The vote was 3-0; Members Moore and Nader were not present for the vote.) ADJOURNMENT at 8:15 p.m. to a joint meeting of the ~edevelopment Agency and City Council scheduled for Tuesday, November 13, 1990. Chris Salomone Community Development Director (MIN3)