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Home My WebLink Aboutrda min 1996/06/18 CC MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA 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: Councihnelnber Padilla ALSO PRESENT: John D. Goss, Director/City Manager; Ann Moore, Interim Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: May 21, 1996 MSC (Rindone/Horton) to approve the minutes of Muy 21, 1996 as presented, approved 4-0-1 with Padilla absent. CONSENT CALENDAR (Items pulled: none CONSENT CALENDAR OFFERED BY CIIAIR/MAYOR HORTON, feuding of the text was waived, passed and approved 3-0-1-1 with Padilla absent and Rindone uhstaining. 3. WRITTEN COMMUNICATIONS: None submitted. 4.A. RESOLUTION 1504 AUTHORIZING AMENDMENT OF TIlE EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY, AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND TIlE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS llOME PROJECT--On 10/19/95 escrow was opened with a closing date of 12/1/95. Due to State legislation delays, escrow was extended. Due to additional time needed to complete this transaction, the exchange agreement again ne~ds t~) be amended. Stal~" recommends approval of the resolutions. B. RESOLUTION 18348 AUTHORIZING AMENDMENT OF TIlE 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 Developmcot Agreelnent was approved by the Minutes June 18, 1996 Page 2 Agency/Council on 8/2/95 tbr redevelopment of the fl)truer Fuller Ford site. Due to protracted processing time and added expense, the Agency is requested to deter payment of permit l~es. The Agency conceptually approved a loan for this purpose and authori~d staff to negotiate specific terins. Staff recommends the Agency and Council open the Public Hearing and continue the Public Hearine to a date and time certain, that being Tuesday~ July 16, 1996 at 6:00 p.m., immediately IbllnwinE the City Council meetinE. (Community Development Director) This being the time and place as advertised, the public hearing was declared open. MSC (Horton/Alevy) to continne the public hearing to July 16, 1996, approved 4-0-1 with Padilla absent. 6. PUBLIC HEARING: JOINT PUBLIC HEARING OF TIlE 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 prqject, the Final Enviromnental Impact Report and Precise Plan required a fully signalized concentric intersection he constructed at Norfl~ Fmn'th Avenne and Brisbane in order to mitigate traffic impacts. The purpose of this public hearing is to determine public necessity tn acqnire 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 Director) RESOLUTION 18253 and RESOLUTION 1493 FINDING AND DETERMINING PUBLIC lNTEREST 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 Comnmnity Development, stated the item had been continued tbr live weeks while it was determined whether the Rule of Necessity was deemed appropriate as two Members appeared to have conflicts of interests. With Member Padilla ahsenta 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 conflict of interest and the city obtained an FPPC ruling that one member could participate by envoking the Rnle of Necessity. However, there was still a need for an additional Member to be present. In order to contim~e the item lo the 6/25/96 meeting, the process described by the FPPC would have to be fullowed so the public hearing could be opened and continued to a special meeting. If the Rule of Necessity was not invoked, it would atttomatically be contim~ed 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. Membem 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 required to participate. She stated it was for ali purposes regarding the decision. Member Alevy called heads. City Clerk Authelet flipped the chin which landed heads. Member Moot left the dais. Minutes June 18, 1996 Page 3 Mrs. Moore read the following into the record: "Member Scett Alevy was employed by Nelson Communications Group. Nelson Group had been, and was expected to be in the future, nnder contract with Gatlin to provide governmental relations consulting services for the benefit of Gatlin's development projects. 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 tYmn Gatlin Development Company in consideration of such services. Nelson Group had also been under cuntract with WalMart Stores, Inc., the primary owner/operator of the shopping center. Under those circumstances Member Alevy may have a conflict of interest that would usually preclude his participation in any action with respect to thc resolution.' MSC {Rindone/ltorton) to continue the item to a speciul meeting nf the RDA on 6/25/96, approved 3-0-1-1 with Padilla absent and Moot abstainiug. ORAL COMMUNICATIONS None ACTION ITEMS None Submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: mme. The minutes ,,viii retl~ct the published agenda order. OTHER BUSINESS 7. DIRECTOR'S/CITY MANAGER'S REPORT SI~_ - None 8. CHAIR'S/MAYOR'S REPORT(S) - None 9. AGENCY/COUNCIL MEMBER COMMENTS - None ADJOURNMENT ADJOURNMENT AT 10:14 P.M. to a Joint Regular Redevelopment Agency/City Council Meeting on July 16, 1996 at 6:00 p.m., immediately fk)llowing the City Cmmcil meeting, ill the City Council Chambers. Respectt'u}ly submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Vicki C. Snderquist, C44NC, Deputy City Cerk