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Home My WebLink Aboutcc min 1996/06/18 RDA MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF TIlE CITY OF CIIULA VISTA Tuesday, June 18, 1996 Council Chambers 10:11 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members: Alevy, Moot, Rindone, and Chair/Mayor Horton ABSENT: Councihnember Padilia ALSO PRESENT: John D. Goss, Director/City Manager; Ann Moore, Interim Agency/City Attorney; and Beverly A. Anthelet, City Clerk 2. APPROVAL OF MINUTES: May 21, 1996 MSC (Rindone/Horton) to approve the minutes of May 21, 1996 us presented, approved 4-0-1 with Padilia absent. CONSENT CALENDAR (Items ptdled: nt>ne CONSENT CALENDAR OFFERED BY CIIAIR/MAYOR ItORTON, reading nf the text was waived, passed and approved 3-0-1-1 with Padilia absent and Rindone abstaining. 3. WRITTEN COMMUNICATIONS: None submitted. 4.A. RESOLUTION 1504 AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY, AND SWEETWATER UNION HIGH SCHOOL DISTR1CT TO EXTEND TIlE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT--On 10/19/95 escrow was opened with a closing date of 12/1/95. Due to State legislation delays, escrow was extcnded. Due to additional time needed to complete this transaction, the exchange agreement again needs to be amended. Staff reconunends approval of the resolutions. B. RESOLUTION 18348 AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF CHULA VISTA, AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING: JOINT PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER A LOAN FROM THE REDEVELOPMENT BROADWAY VILLAGE BUSINESS HOMES, L.P., DATED AUGUST 2, 1995--The Disposition and Development Agreement was approved by the Minutes Jnne 18, 1996 Page 2 Agency/Council on 8/2/95 tbr redevelopment of the former Fuller Ford site. Dne to protracted processing time and added expense, the Agency is requested to defer payment of permit fees. The Agency conceptually approved a loan for this purpose and authorized staff to negotiate specific terms. Staff recommends the Acenov and Council open the Public Hearing and continue the Pnblic Hearin~ to a date and time certain, that bein~ Tuesday. July 16. 1996 at 6:00 ram., inunediately fi~llowin~ the City Council meetinC. (Community Development Director) This being the time and place as advertised. the public hearing was declared open. MSC (Horton/Alevy) to continue lhe pnblic hearing to .July 16, 1996, approved 4-0-1 with Padilia absent. 6. PUBLIC HEARING: JOINT PUBLIC HEARING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER CONDEMNATION OF INTEREST IN CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9978 SQUARE FEET, LOCATED AT 40 NORTH FOURTH AVENUE (TARGET SHOPPING CENTER), CHULA VISTA, CALIFORNIA--As a condition to issuance of building permits for the project, the Final Environmental Impact Report and Precise Plan required a fully signalized concentric intersection be constructed at North Fourth Avenue and Brisbane in order to mitigate traffic impacts. The purpose of this public hearing is to determine public necessity to acquire the property by means of eminent domain. Staff recommends the Agency/Council hold the public hearing and approve the resolutions. [4/Sths Vote Required] (Community Development Directnr) RESOLUTION 18253 and RESOLUTION 1493 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9978 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 Chris Salomone, Director of Community Development, stated the item had been continued for five weeks while it was determined whether the RuIe of Necessity was deemed appropriate as two Members appeared to have conflicts of interests. With Member Padilia absent a 4/5th's vote could not obtained. Therefore, staff recommended that the item be continued to a special meeting on Tuesday. June 251h. A three week delay could create a construction problem. Mrs. Moore stated two Members had a clm~lct of interest and the city obtained an FPPC ruling that one member could participate by envoking the Rule of Necessity. However, there was still a need for an additional Meraber to be present. In order to continne the item to the 6/25/96 meeting, the process described by the FPPC would have to be followed so the public hearing could be opened and continued to a special meeting. If the Rule of Necessity was not invoked, it would automatically be continued to the next scheduled RDA meeting which was 7/16/96. Member Moot questioned if under the Rule of Necessity both he and Member Alevy would be allowed to vote on the item. Mrs. Moore felt the Rule of Necessity should be envoked as set forth by the FPPC which stated one Member could participate. She questioned whether Members Alevy and Moot agreed to the application of the Rule of Necessity with respect to their participation in the decision. Members Alevy and Moot stated they agreed. Mrs. Moore stated the city clerk would toss a coin. Member Alevy would call, if Member Alevy correctly called the coin toss he would participatate, if he incorrectly called the coin toss Member Moot would be r~quired to participate. She stated it was for all purposes regarding the decision. Member Alevy called heads. City Clerk Anthelet flipped the coin which landed heads. Member Moot left the dais. Minutes June 18, 1996 Page 3 Mrs. Moore read the following into the record: ~'Member Scott Alevy was employed by Nelson Communications Group. Nelson Group had been, and was expected to be in the future, under contract with Gatlin to provide governmental relations consulting services/br the benefit of Gatlin's development prqjects. Although Nelson Group had provided no services in connection with Gatlin's project within the city, Nelson Group had received or may reasonably be expected to receive in excess of $10,000 of payments frum Gatlin Development Company in consideration of such services. Nelson Gronp had also been nnder contntct with WalMart Stores, Inc., the primary owner/operator of the shopping center. Under those circnmstances Member Alevy may have a conflict of interest that would usually preclude his participation in any action with respect to the resolution." MSC (Rindone.tHorton) to continue the item tn a special meeting nf the RDA un 6/25/96, approved 3-0-1-1 with Padilia absent and Moot abstaiuing. ORAL COMMUNICATIONS None ACTION ITEMS None Sabmitted. ITEMS PULLED FROhi TIlE CONSENT CALENDAR Items pulled: none. The minntes will tellcot the pul~lished agenda order. OTHER BUSINESS 7. DIRECTOR'S/CITY MANAGER'S REPORT(S) - Nune 8. CHAIR'S/MAYOR'S REPORT(S) - None 9. AGENCY/COUNCIL MEMBER COMMENTS - None AD.IOURNMENT ADJOURNMENT AT 10:14 P.M. to a Joint Regtdar Redevelopment Agency/City Council Meeting on July 16, 1996 at 6:00 p.m., immediately following the City Cuuncil meeting, in the City Council Chambers. Respecttifily submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk hy: Vicki C. Soderquist, C~ Deputy City Cerk