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Home My WebLink Aboutrda min 1993/06/22 CC MINUTES OP A SPECIAL JOINT ME. ETING OF REDEVELOPMENT AGENCY/CITY COUNCIL OF ~ CITY OF CHULA VISTA Tuesday, June 22, 1993 Council Chambers 11:23 p.m. Public Services Building GALL TO ORDER 1. ROLL CALL: PRESENT: Members/Councilmembers Horton, Fox, Moore, Rindone, and Chairman/Mayor Nader ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. APPROVAL OF MINUTES: May 18, 1993; June 8, 1993; and June 1, 1993 MSUC (Fox/Moore) to approve the minutes of May 18, 1993 and June 1, 1993 and June 8, 1993 as presented. CONSENT GAI.~NDAR (Items pulled: 4, 5, 6, and 7) 3. Will 111e24 COMMUNICATIONS: None. 4. RESOLUTION 1330 AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS {RFP) TO PERFORM PROFESSIONAL PLANNING AND DEVELOPMENT CONSULTANT SERVIGES FOR A FOCUSED ZONING, LAND-USE, AND ECONOMIC FEASIBILITY STUDY FOR THE MAIN ~iREET CORRIDOR AND SOUTH THIRD AVENUE AREAS LOCATED PRIMARILY WITHIN THE SOUTHWEST RF. DEVELOPMENT PROJECT AREA -- The zoning and land-use controls for the Southwest Redevelopment Project Area are administered through the Southwest Redevelopment Plan and the Montgomery Specific Plan (MSP). The MSP was created as a community planning element of the General Plan to help transition the area when it was incorporated from San Diego County in 1986. Many of the original County zoning and land-use components have been incorporated into the MSP which do not always conform with the General Plan, and may no longer be economically viable. Staff recommends approval of the resolution. (Community Development Director/Planning Director) Pulled from the Consent Calendar. Chairman Nader stated the Agency had adopted a policy indicating at least a preference to avoid involuntary residential condemnations as part of the southwest redevelopment project. He did not see anything to that effect in the RFP documents. Chris Salomone, Director of Community Development, responded that was correct. It was a policy in the Southwest Redevelopment Plan and with the Agency's direction it would be included in the RFP. MSC (Nader/Moore) to add the policy (as worded in the Southwest Redevelopment Plan) of preference to avoid residential condemnations in the RFP. Approved 3-0-2 with Fox and Rindone absent. RESOLLrHON 1330, AS AMFANDED, OPPERED BY CHAIRMAN NADER, reading of the text was waived, passed and approved 4-0-1 with Rindone absent. Minutes June 22, 1993 Page 2 SA. RESOLHTION 1331 APPROVING CERTAIN PROPOSED TENANTS FOR THE PALOMAR TROLI~'Y CENTER, DRI.RGATING AUTHORITY FOR FUTURE TENANT APPROVAL TO THE EXECUTIVE DIRECTOR, AND APPROPRIATING $20,000 IN UNANTICIPATED REVENUES RECEIVED FROM CYPRF. SS CRRF. K COMPANY TO THE PALOMAR TROI.I.ffY CENTER PROJECT AGGOUNT -- The Agency has executed a Disposition and Development Agreement (DDA) with Cypress Creek Company for the development of the approximately 160,000 square foot Palomar Trolley Center retail project and has approved a DDA which would approve an additional approximately 25,000 square feet to the project. Staff recommends approval of the resolution. (Community Development Director) Pulled from the Consent Calandar. B. RESOLUTION 1332 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND ALrrHoRIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE S OUTHWE5~ REDEVELOPMENT PROJECT AREA, CHULAVISTA, CALIFORNIA (PARCEL 10} -- Cypress Creek Company is in escrow for the purchase of DDA Parcel 10 from the Jehovah's Wimesses Church; that purchase being contingent on the Church relocating to the City-owned property at Ridgeback Road and East H Stteet. A question has arisen regarding the possibility of the presence of the g~atcatcher and coastal sage scrub on the site which could jeopardize that ttansaction. Therefore, staff and the developer are recommending that eminent domain be pursued on the Church parcel as a back-up. Staff recommends approval of the resolution. (Community Development Director) Pulled from the Consent Calendar. dames Moxham, 2801 Albatross Street, San Diego, CA, representing Cypress Creek Co., stated he was available to answer questions. Member Rindone referred to page 5-3 of the staff report, second paragraph from the bottom, indicating that the gnatcatcher was heard calling 100 yards off-site and questioned whether that was correct information. David Gustafson, Assistant Director of Community Development, responded that was correct. Staff had met with Fish and Wildlife and they had requested the City do an eight week survey to discover the occupancy or adjacency of the bird on site. Staff was currently getting bids for the survey. An initial study and small survey had been completed which cost $1,500. There was no choice as to whether to do the study if the Council wanted to avoid the taking of habitat. Chris Salomone, Director of Community Development, stated they had been informed by Fish and Wildlife that the City would have to do a survey but they felt it was a perfunctory action in order to comply with the law. Member Rindone stated the other issue was the request for eminent domain. Mr. Gustafson responded that Member Rindone was correct. In order to adopt the Resolution of Necessity there was a requirement for a private hearing. The property owner had been notified but was not in attendance. Presentation given by David Gustafson for adoption of the Resolution of Necessity - The hearing was being conducted to consider a Resolution of Necessity to condemn Parcel 10 of the Palomar Trolley Center which was Parcel No. 62203025. It was 1.05 acres and was currently occupied by the improvement of a 3,600 sq. ft. single story church owned by the Chula Vista congregation of Jehovah's Witnesses. In accordance with California Code of Civil Procedures, Section 1245.23S, the property owner received a notice of the hearing with a right to appear and be heard. The Civil Code section provided the property owner with fifteen day notice of the hearing. Agency Boogaard requested that the private hearing be open to make sure the evidence was received in the context of the hearing. Minutes June 22, 1993 Page 3 Chairman Nader opened the hearing and questioned whether there were any members of the public wishing to address the Agency. Seeing none, the hearing was declared closed. Testimony received to be incorporated into the hearing. Mr. Gustafson stated fifteen day period was not available for the hearing date but the property owner had waived the fifteen day requirement and determined that the eight day notice was adequate for them to make a response and had done so in writing. The property owner had signed and dated the Notice of the Resolution of Necessity which included language waiving that requirement. Agency Attorney Boogaard requested that be part of the record and the department was to provide the City Clerk's office with the document. Mr. Gustafson stated the Agency staff had conducted good faith negotiations with the Church. The Palomar Trolley Center project served the public good by eliminating blight from aggregation of non-compatible uses with inadequate access and by creating a tax base enhancing, job generating, and consumer serving shopping center. The parcel was necessary to the Palomar Trolley Center project which had been designed for the most public good and the least private injury. Without that property there was insufficient depth in the project area to build around the parcel Leaving the parcel would also block the necessary rear service road access to the commercial center. In fact, without the parcel the project could not be built. The developer and the Church were in escrow on the parcel and the Church had indicated they accepted a displacement as indicated by the fact they were in escrow. They wanted to move to the Ridgeback Road site owned by the City and the Agency had already heard about the environmental constraints there. The condemnation was to back up the escrow with the Ridgeback site if the site could not be developed. The Church did not contest condemnation as a backup but wanted to mediate the determination of value for the property so they could pursue being made whole on another site. Agency Attorney Boogaard requested that a hard copy of Exhibit B be incorporated into the proceedings with a copy being given to the City Clerk's office. It was his judgement that the findings existed and the Agency was permitted to make the findings allowed and set forth under the Resolution of Necessity. RESOLUTIONS 1331 AND 1332 OFFERED BY CHAIRMAN NADER, reading of the text was waived. Chairman Nader stated it was his intent that the Executive Director, in executing the authority granted to him under the resolution, keep the Agency apprised of how he was executing his authority. VOTE ON RESOLUTIONS 1331 AND 1332: approved 4-0-1 with Fox absent. 6. RESOLUTION 1338 FINDING THAT THE COMMUNITY OF GHULA VISTA IS MAKING A SUBSTANTIAL FA~ORT TO MEET ITS EXISTING AND PROJEL,-Iie~D HOUSING NF.F.I~S -- Redevelopment Law requires that the Agency either set-aside 20% of its tax increment for low- and moderate-income housing or make a finding annually that it has made a substantial effort, equivalent in impact, utilizing revenues other than tax increment. Although the City has made a substantial effort to provide low- and moderate- income housing opportunities, the Agency has not set-aside any low- and moderate-income housing funds from Town Centre II and Otay Valley Road for the past three years. This resolution will retroactively make a finding for 1990-91, 1991-92, and 1992-93 that the City has made a substantial effort, equivalent and greater in impact, to the funds which would have been set aside. Staff recommends approval of the resolution. (Community Development Director) Pulled from the Consent Galendar. Chairman Nader questioned whether the item was time sensitive. Minutes June 22, 1993 Page 4 Chris Salomone, Director of Community Development, responded there was a statutory deadline of June 30, 1993. Agency Attorney Boogaard stated he concurred with the comments made by Mr. Salomone. Chairman Nader stated he was concerned there was a set aside deficit of $153,254 and questioned the rationale for nwriting it oft'. Agency Attorney Boogaard responded the Agency had set aside, without being required to, over $2.3 million in low/moderate set asides from the subventions the Agency received. RESOLUTION 1338 O~ BY MEMBER MOORE, reading of the text was waived, passed and approved unanimously. 7. COUNCIL/AGENCY REPORT FLrrURE ROLE OF THE MONTGOIVIERY PLANNING COMMI Ftt~E AND THE POSSIBLE MERGER OF THE MPC WITH THE SOUTHWEST PROJECT AREA COMMI-I-I-I~E P[JRSUAb~ TO (:HULA VISTA ECONOMIC DEVELOP~ COMMISSION (E, DC) PE, RM]T STREAMLINING RECOMMENDATION #17 -- The Chula Vista EDC established a subcommittee to develop recommendations to streamline the Ci~s development review process to create a more "user friendly" environment for business development. One of the recommendations (#17) concerned the future role and function of the Montgomery Planning Committee and the possible merger of the MPC with the Southwest Project Area Committee. It - is recommended that Council/Agency discuss the alternatives presented in the report and provide additional direction to staff. (Community Development Director/Planning Director) Pulled from the Consent Calendar. MSUC (Nader/Moore) to continue Item 7 to the meeting of 7/13/93. * * END OF CONSENT CAI~.NDAR * * PUBLIC HEARINGS ITEM 8A-SF: [Staff recommends that Public Hearing Items SA, 8B, 8C, 8D, and 8E be continued to a time and date certain, that being Tuesday, July 13, 1993, at 6:00 p.m., in the Council Chambers, Public Services Building.] [Staff recommends that Public Hearing Item 8F be brought back to the Agency at a later date; said date, time and place of the public hearing to be Noticed upon completion of the Environmental Review (SPUO-93- 14).] MSUC (Nader/Rindone) to continue the public hearing to the meeting of 7/13/93. [Al PUBLIC HEARING: TO CONSIDER A REQUEST FROM tOT'S AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR THE AUTO STORAGE, WRECKING AND DISMANTLING AT 783-B ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VAI.LI~r ROAD PROJECT AREA (SUPO-93-O1) -- The land uses on the subject parcels were authorized by Conditional Use Permit #PCC-73-27 in 1973 as part ol: the Otay Industrial Park. The Conditional Use Permits expired in 1986. The Otay Valley Road Redevelopment Plan was formed in 1983. Under the Otay Valley Road Redevelopment Plan, the land uses allowed for this area is Limited Industrial/Research. In order to continue Minutes June 22, 1993 Page 5 the existing land uses, these being the storage, maintenance and repair of heavy equipment, the impounding, storage and dismantling, and wrecking of automobiles, a Special Permit is required under the Redevelopment Plan. (Community Development Director/Planning Director) RESOLLrrlON 1333 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO KIT'S AUTO RECYCLING FOR CERTAIN AUTO WRECI/ffNG USES AT 783-B ENERGY WAY, CHULA VISTA, CALIFORNI~ PARCRI. BEING LOCATED WITHIN THE OTAY VAI.I.~ff ROAD PROJECT AREA lB] pUBLIC HEARING: TO CONSIDER A REQUEST FROM ANY AUTO WRECKING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 783-A ENERGY WAY, CHULA VISTA' CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALL~ff ROAD PROJECT AREA (SUPO-93-02) RESOLUTION 1334 CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO ANY AUTO WRECKING FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 850 ENERGY WAY, CHULA VISTA, GALIFORNIA; PARCEL BEING LOCATED WITHIN THE OTAY VAI.LIEY ROAD PROJECT AREA [C] PUBLIC HEARING: TO CONSIDER A REQUEST FROM ROBERT AND MARY GUNTHROP FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGe, WRECKING AND DISMANTLING AT 789 ENERGY WAY, CHULA VISTA, CALIFORNIA; pABt'~i, BEING LOC~TF_~ IN THE OTAY VAI.I.EY ROAD PROJECT ARF~ (SUPO-93-07) RESOLUTION 1335 MAKING GERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO ROBERT AND MARY GUNTHROP FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 789 ENERGY WAY, GHULA VISTA' GALIFORNIA; PARC~.I. BEING LOCATED WITHIN THE OTAY VAI.I.EY ROAD PROJECT ID] PUBLIG HEARING: TO CONSIDER A REQUEST FROM SOUTH BAYAUTO WREGKERS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WREGKING AND DISMANTLING AT 811 ENERGY WAY, CHULA VISTA' GALIFORNIA; PARC~I. BEING LOCATED IN THE OTAY VAIJ.EY ROAD PROJECT AREA (SUPO-93-09) RESOLLrI'ION 1336 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO SODTrt BAY AUTO WRECKERS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR GERTAIN DESIGNATED AUTO WRECKING USES AT 811 ENERGY WAY, GHULA VISTA, CALIFORNIA; pABC!~I. BEING LOCATED WITHIN THE OTAY VAI2.E~ ROAD PROJECT ARF. A [E] PUBLIC HFARING: TO CONSIDER A REQUEST FROM COUNTY AUTO POOL FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WREGKING, DISMANTLING AND AUCTIONING AT 880 ENERGY WAY, CHULA VISTA' CALIFORNIA; PARCEl. BEING LOCATED IN THE OTAY VAI.I.'~/ROAD PROJECT AREA (SLrPO-93-13) RESOLUTION 1337 MAKING CERTAIN FINDINGS AND APPROVING SPEGIAL PERMIT TO GOUNTY AUTO POOL FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR GERTAIN DESIGNATED AUTO WREGKING USES AND AUCTIONING AT 880 ENERGY WAY, CHULA VISTA, CALIFORNIA; PARGEL BEING LOCATED WITHIN THE OTAY VAI.I.I~t' ROAD PROJECT AREA IF] PUBLIC HEARING: TO CONSIDER A REQUEST FROM ARIZONA TRUCK AND AUTO WRECKERS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 791 ENERGY WAY, GHULA VISTA, GALIFORNI~ PARGEL BEING LOCATED IN THE OTAY VAI.I.EY ROAD PROJECT AREA Minutes June 22, 1993 Page 6 ORAL COMblUNICATIONS None ACTION ITEMS None submitted. OTHER BUSINESS 9. DIRECTOR/CITY MANAGER'S REPORT - None 10. CHAIRMAN/MAYOR'S REPORT - None 11. MEMBERS/COUNCILMEMBERS' COMMENTS - None ADJOURNMENT AT 11:42 P.M. to a special meeting of the Redevelopment Agency on Tuesday, July 13, 1993 at 6:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy~--q~ Clerk