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Home My WebLink Aboutrda min 1990/06/12 MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY OF THE ~rtY, OF CHI3LA VISTA, CAI~ORNIA Tuesday, June 12, 1990 Council Chambers 10:55 p.m. Public Services Building CALL TO ORDER 1, ROLL GALL: PRESENT: Members McCandliss, Moore, Nader, and Chairman Cox ABSENT: Member Malcolm ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, Agency Attorney; and Beverly A. Authelet, City Clerk *** JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL *** 2. RESOLUTION 1087 OF THE REDEVELOPMENT AGENCY OF THE ~'IY OF CHULA VISTA AUTHORIZING TRANSMYI'FAL OF REDEVF2LOPMENT DOCUMENTS FOR '13:tE S~)UTHWEST REDEVELOPMENT PROJECT AREA, AND APPROPRIATING $25,000 FROM THE UNAPPROPRIATED BALANCE OF THE BAYFRONT/TOWN CENTRE BOND FUND FOR ASSOCIATED COSTS (4/5'S VOTE REQL~IRED) Attorney Boogaard stated it was his opinion, that despite the fact that Mr. Nader lives within a 300 ft. distance of one of the proposed sites of the Southwestern Project area, he could participate in the decision to appropriate money if he first identifies his specific interest for the record. Member Nader stated he owned property currently within 300 feet of that portion of the proposed project area, which is bounded by Broadway, K Street, and L Street. Chris Salomone, Director of Community Development, stated the Agency had sixty days and felt action should be taken in a timely manner. The calendar was set into motion by the Planning Commission hearing held on May 23rd. RESOLUTION 1087 OFFERED BY' CHAIRMAN COX, reading of the text was waived. M (Nader) to amend Section 6B (page 7) to indicate that it will be Council policy to avoid involuntary use of eminent domain on residences, aside from the parcel which is adjacent to his property. Attorney Boogaard cautioned Member Nader regarding possible conflict and asked the Agency if they would bifurcate the appropriation decision. Member Nader stated his vote on the appropriation was contin§ent on the rest of the motion and questioned whether the Agency could blfurcate our just the parcel that raises the potential conflict. Member McCandliss stated it was her understanding that the referral to staff stated there would be an area where there would be no relocation, but there would also be an area where there could be relocation. She did not want to give a blanket statement that there would not be relocation. M~NUTES -2- June 12, 19~0 MS OVlcCandlizs/Cox) to have the wording on the last sentence on page 7 and top of page 8, to indude wording to indicate 'as a last resort', and to be brought back on Thursday for final approval. Member Nader stated he would like to have included, "it is Council's intention to avoid the use of eminem domain'. Ghairman Cox stated he would not support a redevelopment project without an eminent domain tool. Attorney Boogaard stated the Agency f'wsr needed to address the wording as it applies to the K Street parcel, referred to as the Ordway Parcel. The motion would be to refer the :ording on the bottom of page 7 and top of page 8, as to a plan exclusive of the Ordway Parcel. Member Nader can not participate. MSG (Cox/Moore) to amend the wording on the bottom of page 7 and top of page 8 as to a plan exclusive of the Ordway Parcel. Approved 3-0-1-1 with Member MalcoLm absent and Meinber Nader abstaining. MSG (McCandiiss/Cox) to approved the non-Ordway Parcels with any additional verbiage related. Approved 4-0-1 with Member MalcoLm absent. RESOLUTION 1087 OFFERED BY MEMBER MCCANDLISS, reading of the text was waived. Attorney Boogaard requested the Agency reconsider the proposed motion to just limit the Resolution to Section 5, which Member Nader would be permitted to participate in. The motion would be to offer Section 5 of Resolution 1087. Member McCandliss stated that was the intent of her motion. MSC (Nader/McCandliss) to ~ the appropriation to Thursday, approved 4-0-1 with Member Malcolm absent. Attorney Boogaard stated the Agency had dealt with Section 5 and now needed to take action on Sections 1-4 of Resolution 1087. Member Nader will not be able to participate in the balance of the resolution. MS (McCandliss/Moore) to continue the remainder of Resolution 1087 to Thursday. Chairman Cox questioned if there was any value in transmitting the resolution to the County without the authority to spend the $25,000. Mr. Salomone stated staff could not send out notices without an appropriation. Chairman Cox questioned if the Agency could take action on this in conjunction with the redevelopment agency budget which will be before them on July 12th. Attorney Boogaard stated the Chatter allows the budget to be adopted by a simple majority. Member Nader would not be permitted to participate. MSC (Cox/Moore) to approve the balance of Resolution 1087. Approved 3-0-1-1 with Member Malcolm absent and Member Nader abstaining. 3. RESOLUTION 15661 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING PROCEDURES FOR 'I3qE FORMA3]ON OF THE SOLFFHVVEST REDEVELOPIvIENrl' PROJECT ~ COMMITTEE ('PAC') MINUTES -3- June 12, 1990 RESOLU'rION 15661 OlVbZRED BY CHAIRMAN COX, reading of the text was waived. Member Moore referred to page 2, Exhibit A, Eligibility to Vote, paragraph 6, where it stated the person must attend meetings. On the handout under Notice of Public Meetings, it stated you are encouraged to attend. He noted that a person must attend if they want to vote or be elected, and he questioned if the verbiage could be changed. Mr. Salomone stated staff would correct the error. Attorney Boogaard stated in order for Member Nader ro abstain, he would have to announce the reason and have it recorded in the minutes and not participate in the discussion of the item. He stated the Agency was dealing with the PAC procedures involving the Ordway Parcel and Member Nader was nor participating due to reasons previously given. Chairman Cox stated it was his understanding that the notices going out regarding the pubic meeting would state the City Gouncfl and Redevelopment Agency are currently considering taking steps in Attachment B and include t~e letter concerning the Ordway Parcel. AMENDMENT TO MOTION: (Cox) to include in the notices that go out for the public hearing that the City Councnl and Redevelopment Agency are currently considering taking steps as included in Attachment B and the letter concerning the Ordway Parcel. Approved 3-0-1-1 with Member Malcolm absent and Member Nader abstaining. Member McCandliss stated page two, under Questions and Answers, refers to eminent domain. She felt a statement should be included to reflect the intent not to condemn residential units. Whatever language is finally adopted on Thursday, should also be included there. MSC (McCandliss/Cox) to approve the Ordway Parcel only. Approved 3-0-1-1 with Member Malcolm absent and Member Nader abstaining. MSC (Cox/McCandliss) to approve as amended, the non-Ordway Parcels. Approved 40-1 with Member Malcolm absent MSC (CoxdMcCandliss) to approve the balance of the Southwest Redevelopment Project area as amended. Approved 4-0-! with Member Malcolm absent. 4. ORDINANCE 2377 AMENDING THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 2.04.600 - ALrrHORITY TO FORM SUBCOMMI I-I'I/F.S CONSISTING OF NOT MORE THAN TWO OF ITS MEMBERS FOR THE PURPOSE OF PERFORMING ADMINISTRATIVE OR EXECLrrlVE FUNCTIONS RESOLLrrION 1088 AL1THOPdZING THE FORMATION OF AND EMPOWF_21ING A SUBCOMMi t fv2F, CONSISTING OF CHAIRMAN GREG COX AND MEMBER MALCOLM OF THE AGENCY FOR THE PIJRPOSE OF OBTAINING NOISE MITIGATION CONDITIONS WITH REGARD TO THE SUDBERRY PROPERTY DEVELOP ,MENT AT 1669 BRANDYWINE AVENUE Member McCandliss stated she did nor have a problem in forming a subcommittee but was uncomfortable with the wording of the resolution which gives authority to the subcommittee to administer administrative and executive functions. Attorney Boogaard stated the Charter provisions require the Ci~ Council not to participate in administrative or executive functions except by: 1) Charter amendment, or 2) ordinance. He felt the ordinance, would give MINUTES -4- June 12, 1990 the necessary legal protection to protect Cquncit in the subcommittee s~ucture. If the Council is going to appoint subcommittees, he would sU'ongly urge .adoption. ' City Manager Goss felt the ordinance was to broad and there needed to be some effort to get a better handle on "administrative functions". He stated there is an outstanding Council referral on subcommittees. M_SC (Cox/MeCandliss) to file this item. Approved 4-O-1 with Member Malcolm absent. 5. ORAL COMMUNICATIONS - None 6. D1RECTOR~ REPORT(S) - None 7. CH~PaVU~S ~ORT(S) a. Scheduling a Redevelopment Agency Meeting for July 12, 1990. M~C (Cox/Moore) to schedule a Redevelopment Agency Meeting for July 12, 1990. Approved 40-1 with Member Malcolm absent. b. Re-appointment of Members Gary Harper and Dale Ohlau to the Town Cenl~'e Project Area Committee for one term. MSC (Cox/Nader) to appoint Gary Harper and Dale Oblau to the Town Cenll'e Project Area Committee for one term. Approved 4-0-1 with Member Malcolm absent. 8. NIEMBER COlVllVlF~rI~ - None MSC (Cox/Nader) to continue the Closed Session items over to the meeting of Thursday, June 14, 1990. Approved 4-0.1 with Member Malcolm absent. Potential acquisition of property located at: 350 Third Avenue (One Park, Ltd., owner) ADJOURNMENT AT 11:45 P.M. to the Budget Session scheduled for June 14, 1990 at 6:00 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk x",,~ 'cki C. Soderquist. Deputy (~ Clerk