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HomeMy WebLinkAboutcc min 1996/04/09 RDAMINUTES OF A JOINT SPECIAL MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA April 9, 1996 8:50 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: ALSO PRESENT: Agency/Council Members Alevy, Moot, Padilla, Rindone, and Chair/Mayor Horton John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINLrFES: March 26, 1996 MSUC (Rindone/Horton) to approve the minutes of March 26, 1996 as presented. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING REGARDING THE SALE OF SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK--This is a request to authorize the sale of Space 152 at Orange Tree Mobilehome Park. The Community Development Director will be authorized to execute the purchase contract and escrow instructions and take such other action as deemed necessary to consummate the sale. Staff recommends approval of the resolution. (Comn~unity Development Director) RESOLUTION 1492 APPROVING THE SALE OF SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS This being the time and place as advertised, the public hearing was declared open. There being no public testimony, the public hearing was declared closed. RESOLUTION 1492 OFFERED BY MEMBER PADILLA, reading of the text was waived, passed and approved unanimously. 4. PUBLIC HEARING TO CONSIDER CONDEMNATION OF INTEREST IN CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9977.88 SQUARE FEET, LOCATED AT 40 NORTH FOURTH AVENUE (TARGET SHOPPING CENTER), CHULA VISTA, CALIFORNIA--On 11/15/94 the Council and Agency held a joint public hearing and approved the Final Environmental Impact Report and Precise Plan, along with other discretionary land-use approvals for the Channelside Shopping Center project. The FEIR and Precise Plan require a fully signalized concentric intersection in order to mitigate traffic impacts. The purpose of this public hearing is to determine the public necessity to acquire the property by means of eminent domain. Staff recommends approval of the joint resolution. (Community Development Director) RESOLUTION 1493 and RESOLUTION 18253 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,978 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY Minutes April 9, 1996 Page 2 Member Alevy stated the applicant was a client of the firm he was employed by, therefore, he would abstain from participation in order to avoid a conflict of interest. Member Moot stated he had not been able to contact Albert Borgerding to see if he was related to William Borgerding as he had worked on legal matters for Albert Borgerding. Because he was not able to confirm that he felt it best that he abstain from participation in order to avoid a conflict of interest. Mr. Boogaard stated four votes were required to pass a resolution of necessity. If Member Alevy felt confident that he had a conflict and Member Moot was uncertain, it was better to verify Member Moot's ability to participate before the use of the rule of necessity. Member Moot stated he was not going to take a chance with the Fair Political Practices Commission by evoking the rule of necessity and participating to subsequently learn from the FPPC that he should not have participated. Mr. Boogaard questioned if the item could be deferred until an opinion could be received from the FPPC because it could not be done without four affirmative votes. Chris Salomone, Director of Community Development, stated staff preferred that action be taken in order to proceed with the project, but he did feel that they could sustain a delay. This being the time and place as advertised, the public hearing was declared open. · Scott Biel, 550 West "C" Street, San Diego, CA, representing Target Stores, stated they were not opposed to · Jack Duncan, 3250 Sports Arena Boulevard, San Diego, CA, representing Dixieline Lumber Company, stated Dixieline agreed about six months ago to a temporary traffic arrangement on Fourth Avenue/Highland for the purpose of providing public safety in lieu of a signalized, realigned, concentric intersection. They had been assured in writing that construction would start on the intersection shortly after the first of the year with completion about April 1996. Dixieline was wiling to forego a signalized intersection over the protests of the City of National City for a temporary period of time because it was a slow time of the year for Dixieline. They were presently in the height of Dixieline's business period. They preferred a continuance over a defeat of the resolution, but he urged the Agency/Council to act with a great deal of dispatch to get the issue resolved as it had seriously affected their business. A continuance would give staff more time to talk to Target and it's management about resolving the issue outside of the courtroom. MS (Horton/Rindone) to continue the public heating to the meeting of 4/16/96. Mr. Biel stated it was his understanding that it was a continuance of the matter and that arguments would be heard at that time. Member Rindone stated he had a number of reservations and concerns regarding the item. He was especially concerned that there was a presumption of the will of the Agency/Council by staff and requested that if there were any commitments made in writing that copies be forwarded to Members prior to the hearing next week. VOTE ON MOTION: approved 3-0-0-2 with Alevy and Moot abstaining. ORAL COMMUNICATIONS None Minutes April 9, 1996 Page 3 ACTION ITEMS 5. RESOLUTION 1493 APPROVING A CONSULTING CONTRACT WITH KEYSER MARSTON ASSOCIATES, INC. FOR THE PROVISION OF REDEVELOPMENT CONSULTING SERVICES TO DETERMINE WHETHER THE BAYFRONT REDEVELOPMENT PROJECT CAN BE AMENDED TO INCLUDE THE CHULA VISTA TIDELANDS--Recent changes in Community Redevelopment Law require new redevelopment areas to meet stringent urbanization and blight criteria. It is requested the consulting firm of Keyset Marston, in collaboration with the law firm of Kane, Ballmer and Berkman be retained to provide expert opinion as to whether this area qualifies for redevelopment assistance. Staff recommends approval of the resolution. (Community Development Director) Chris Salomone, Director of Community Development, stated the action would initiate a process to investigate the addition of the Port lands to the redevelopment area. Staff felt that would be a great benefit to the development of the Bayfront. Member Rindone questioned if the City Attorney supported the belief that the Agency needed legal counsel to evaluate the Redevelopment Agency requirement and apply them to the Bayfront tidelands. Mr. Boogaard responded that staff had not made new determinations under AB 1290 that were set forth in the Health and Safety Code. Kane, Ballmer and Berkman were experts in the field. His deputy had been working with staff on the matter and felt the retention of an expert was appropriate. RESOLUTION 1493 OFFERED BY CHAIR HORTON, reading of the text was waived. Mr. Boogaard stated the consulting agreement omitted the inclusion of the hourly rate schedule should it be necessary to apply it to Kane, Ballmet and Berkman. He requested that it be included as Exhibit B-1 to the proposed agreement. Chair Horton questioned if they were a local firm. Mr. Boogaard responded that they were a Los Angeles firm, but had a state-wide reputation. They were one of two state-wide legal experts in redevelopment law and had been selected by Keyser Marston as a sub-consultant to advise them on the blight determinations. Chair Horton questioned if there was a San Diego firm that would fit the requirements needed. Mr. Boogaard replied that he was unaware of a San Diego firm with the same reputation. Member Moot noted that the hourly rates were quite low. VOTE ON MOTION: approved 4-1 with Rindone opposed. OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORT(S) - None 7. CHAIR'S/MAYOR'S REPORTf S) - None Minutes April 9, 1996 Page 4 8. AGENCY/COUNCIL MEMBER COMMENTS Member Rindone * Member Rindone requested that staff utilize the Agency binders whenever there was more than one item on the agenda. ADJOURNMENT ADJOURNMENT AT 9:09 P.M. to the Regular Re. development Agency Meeting on April 16, 1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: Vicki C. Soderquist, ~MC,~uty City Clerk