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Home My WebLink AboutRDA Minutes 2000-03-22 Y'o/,, 13'o -- MINUTES ! REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MARCH 22, 2000 MUNICIPAL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE CALL TO ORDER: 7:07 p.m. (Cassette Tape No. 1) ROLL CALL Present: Boardmembers Datzman, Mullin and Penna, Vice Chair Fernekes and Chair Matsumoto Absent: None. AGENDA REVIEW CONSENT CALENDAR 1. Motion to approve the minutes of March 8, 2000 regular meeting 2. Motion to confirm expense claims of March 22, 2000 in the amount of $40,456.62 3. Resolution No. 5-2000, authorizing Subordination Agreement with MP Greenridge Associates in favor of Savings Associations Mortgage Company, Inc., (SAMCO) Boardmember Penna asked that Item No. 2 be pulled from the Consent Calendar. Motion Fernekes/Second-Mullin: To approve Consent Calendar Item Nos. 1 and 3. Unanimously approved by voice vote. Consent Calendar Item No. 2: Boardmember Penna asked for clarification from staff on expense claims for Impact Sciences Inc./E1 Camino Corridor SEIR; North Peninsula/housing rehab improvements; Forensic Analytical/lead abatement services; Evolve Architecture/architectural consultant services; and extension of Redevelopment Project Manager Beyer's consultant contract. Motion-Penna/Second-Mullin: To approve Consent Calendar Item No. 2. Unanimously approved by voice vote. PUBLIC HEARING 4. Receive comments regarding the proposed Implementation Plan and adopt the Implementation Plan for the City's four redevelopment project areas Open public hearing and continue to April 12,2000 Public hearing opened. Motion-Fernekes/Second-Mullin: To continued the hearing for the proposed Implementation Plan for the city's four redevelopment project areas to April 12, 2000. Unanimously approved by voice vote. 5. Resolution determining that the public interest and necessity require the acquisition of certain real property located at 201 Grand Avenue and directing eminent domain proceedings Boardmember Penna announced he would be abstaining from the item in accordance with FPPC regulations. Staff report presented by Redevelopment Project Manager Beyer. Agency Counsel Mattas asked that the resolution, fourth paragraph, be corrected to read San Mateo County instead of Monterey County. Mr. Curtis Dowling, attorney with Dillingham and Murphy, San Francisco, representing property owner, Ms. Maria Alyea, stated Ms. Alyea's objections to the eminent domain proceedings for the following reasons: the inadequacy of the written summary that was served, asserted values and no explanation on how the fair market value was determined, the taking of her property for a parking lot, whereas Haga Auto Body on Baden Avenue, should be considered instead. He stated that the Copacabana is a social gathering place for the Latino community, the Agency is discriminating against her business, and relocating her business is not guaranteed. He stated there has been non-compliance by the Redevelopment Agency with any applicable statutes, including the national environmental policy act, CEQA, and any other related environmental laws. Mr. Dowling stated Ms. Alyea may consider a partial taking of her warehouse parcel that may accommodate thirteen parking spaces, without having to demolish the entire site, or relocate her business. He stated that Ms. Alyea has remodeled the restaurant and plans on remodeling the coffee shop. Counsel Mattas responded to comments and stated the Agency is only obligated to provide a summary of the appraisal under California law regarding condemnation; improving parking in the downtown is identified as a goal of the redevelopment plan; this parcel was recommended by staff, but the Agency can consider other parcels; the Agency's acquisition is not discriminatory as there are many other social gathering areas in the downtown, and there is no intention to displace any ethnic group; this matter is exempt from CEQA as environmental issues were originally identified as part of the Downtown/Central Redevelopment Plan; the letter sent to Ms. Alyea identified the purpose as redevelopment activities, which is an appropriate activity. Counsel Mattas further explained the process and that after this action the Agency would move forward · with the condemnation process, which will involve further discussions between the parties for the appropriate value and ultimately resolution of that issue, if necessary a court decision. REGULAR REDEVELOPMENT AGENCY MEETING MARCH 22, 2000 MINUTES PAGE 2 Mayor Matsumoto and Counsel Mattas explained to the audience that comments on this hearing are only received from the property owner or representative, comments may be made under City Council's "Public Comments". Boardmember Datzman asked Mr. Dowling for clarification on the site, the restaurant that has been vacant for four years, the disrepair of Haga Auto Shop, and the coffee shop that no longer has a liquor license. Ms. Alyea, 1547 Alabama Street, #2, San Francisco, felt the Agency's offer was insulting and stated her objection to the action that was being taken. At the request of Boardmember Mullin, Project Manager Beyer responded to comments regarding the appraisal that was conducted, the property owners right to have their own appraisal performed, and the condemnation process. Counsel Mattas reviewed the noticing procedure and the Agency's obligation to pay fair market value that is identified by an independent appraiser. Public hearing closed. Motion-Mullin/Second-Datzman: To adopt Resolution No. 6-2000, determining that the public interest and necessity require the acquisition of certain land and directing the filing of eminent domain proceedings. Approved by the following roll call vote: AYES: Boardmembers Datzman and Mullin, Vice Chair Fernekes and Chair Matsumoto. NOES: None. ABSTAIN: Boardmember Penna. ABSENT: None. Boardmember Penna returned to his seat. (Recess: 7:45 p.m. - 10:03 p.m.) ADMINISTRATIVE BUSINESS 6. Resolution authorizing the execution of an Exclusive Negotiating Rights Agreement (ENRA) with Terranomics Development Staff report presented by Project Manager Beyer. (Cassette Tape No. 3) Boardmember Penna stated his objection to an ENRA with Terranomics and suggested the process be opened up and an RFP be issued. Boardmember Mullin questioned the direction Boardmember Penna was suggesting and felt it had merit. Staff felt its approach has been an open process, the approach being proposed is not unique, and no other developers have shown interest. Boardmember Datzman, Vice Chair Fernekes and Chair Matsumoto stated their support for staff's recommendation, they felt comfortable with Terranomics, and emphasized that the Agency may reject Terranomics proposal if it is not acceptable. A lengthy discussion between the Board and staff regarding opening up the process ensued. REGULAR REDEVELOPMENT AGENCY MEETING MARCH 22, 2000 MINUTES PAGE 3 Mr. Steve Weir, Terranomics Development, stated his eagerness to start working on the project. Motion-Datzman/Second-Fernekes: To adopt Resolution No. 7-2000, authorizing the execution of an exclusive negotiating rights agreement between the City of South San Francisco, the Redevelopment Agency, and Terranomics Development. Approved by the following roll call vote: AYES: Boardmember Datzman, Vice Chair Fernekes and Chair Matsumoto. NOES: Boardmembers Mullin and Penna. ABSTAIN: None. ABSENT: None. ADJOURNMENT Motion-Fernekes/Second-Mullin: To adjourn the meeting at 10:50 p.m. Unanimously approved by voice vote. Respectfully Submitted: Approved: Syl(~i'a M. mayne, Cleric ~r --- j City of South San Francisco City of South San Francisco The entries of this Redevelopment Agency meeting show the action taken by the Board to dispose of an item. Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. REGULAR REDEVELOPMENT AGENCY MEETING MARCH 22, 2000 MINUTES PAGE 4