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HomeMy WebLinkAbout1998-12-08; City Council; 14975; Energy Related Consulting ServicesCITY OF CARLSBAD - AGENDA BILL AB# /y 9 75 TITLE: . MTG. 12/8/98 DEPT. CM & H/RED Amending GRA contract for energy related consulting services; Designating a Redevelopment Survey Area; and CITY ATTY. authorizing staff to retain Rosenow Spevacek Group Inc. for consultant services to study the feasibility of establishing a CITY Redevelopment Project Area II. RECOMMENDED ACTION: Adopt Resolution No. 9 8 w 4 (3 9 Atmrovinq the following actions: 1) amendment to contract with Grueneich Resource Advocates (GRA) authorizing additional funding for energy related consultant services; (2) designation of a Redevelopment Survey Area for study purposes; 3) authorization of funding for consultant services required to study the feasibility of establishing a second redevelopment area; and 4) authorization to City Manager to prepare the appropriate documents to retain the services of Rosenow Spevacek Group, Inc. for the purposes of studying the feasibility of establishing a second redevelopment project area. ITEM EXPLANATION: The pending sale of the Encina Power Plant presents a possible opportunity for the City to mitigate the negative impacts of the plant and to influence the future uses of the associated coastal property. As a result, over the past year the City has undertaken several courses of action to reduce the environmental impacts of this plant and eliminate or minimize this incompatible land use in the community. Since January, the City has been an active participant in the California Public Utilities Commission review of the proposed sale to try to ensure that the City’s land use and environmental concerns related to the plant are considered in the divestiture. Last May, Council authorized a land use study to consider amendments to the General Plan, zoning designations and the zoning ordinances pertaining to the plant and surrounding properties presently under the ownership of SDG&E to evaluate potential uses for this land that may better serve the community. Finally, in September, to ensure that all means possible to protect the community’s interests are identified and thoroughly evaluated, Council retained the energy related technical, environmental and public policy consulting services of Grueneich Resource Advocates (GRA). GRA has performed work in the areas of environmental studies, finance, regulatory review, legal research and strategic planning to help the City identify and explore additional options for actions to eliminate or reduce the environmental impacts of the plant and to achieve more compatible land uses on this property. One such option the City is exploring is the possibility of acquiring the plant with the ultimate goal of shutting it down as soon as is feasible. The City is seeking acquisition through negotiations with SDG&E; however, the City may need to invoke its right of eminent domain and acquire the plant independent of the scheduled auction, or after the plant has been transferred to a new owner through the auction process. Staff has been and continues to work closely with GRA on these alternatives. Page 2 of Agenda Bill No. Iy 9 75 Another possible option is the establishment of a second redevelopment project area which would include the power plant and other surrounding properties. To initiate this action, the first planning step is to have the City Council designate by resolution a redevelopment survey area. This area can then be studied to determine whether a redevelopment project within the subject area is feasible. The designation of the survey area is important because the final project area for the redevelopment plan, if ultimately adopted, must be within the boundaries of the survey area. Designation of the survey area allows the City of Carlsbad the opportunity to study the feasibility of creating a second redevelopment project area. The focus of the study would be 1) to make a preliminary determination of the blighting conditions within the area, 2) determine the feasible land uses, 3) identify the market demand for such land uses, and 4) analyze the financial feasibility of establishing a second redevelopment project area. The study will determine if there are physical and blighting conditions existing within the area which demonstrate a need to implement redevelopment activities. If a determination is made that redevelopment activities would be beneficial, the City may continue the process to establish a Redevelopmenf Project Area II and adopt a Redevelopment Plan. At this time, the City Council is being asked to designate the redevelopment survey area. The proposed survey area is described as being generally bounded by Chinquapin Avenue on the North, the Pacific Ocean on the West, eastern edge of the Agua Hedionda Lagoon on the East, and Cannon Road on the South. The attached map identifies the survey area to be studied. In addition to designating the redevelopment survey area, the City Council is being asked to authorize a maximum of $20,000 in funding (from the Contingency Fund) for consultant services to complete the redevelopment feasibility study. Staff is recommending that Rosenow Spevacek Group Inc. (RSG) be retained to complete the feasibility study. RSG completed a study of a separate survey area for the City in January of 1993, which included the subject area. At that time, the City decided not to pursue establishment of a second project area. Staff is now proposing to narrow the study and focus specifically on the survey area noted in the attached exhibit. Because RSG has completed a similar study for the City in past years, staff believes that it would be most appropriate to initiate a new contract with this consultant to save time and money. RSG is familiar with the area to be studied, the City organization, and is well known for its expertise in the area of redevelopment. It is estimated that the study of the survey area will take approximately 60-90 days to complete. If the City then decides to pursue establishment of a second project area, it would take approximately 6 months to one (1) year to establish the second redevelopment project area through adoption of a Redevelopment Plan. To continue the study of other actions that will further the City’s efforts to strike a balance between the region’s energy needs and the need to protect and enhance this environmentally sensitive area of the coastline, staff is also recommending that the Council authorize an additional $100,000 in funding (from the Contingency Fund) for continuing consultant services from GRA. .- Page 3 of Agenda Bill NO. /“r, ‘? 7 5 Requested Actions: Staff is recommending that the City Council approve the attached resolution which will designate the redevelopment survey area and authorize the City Manager to obtain the consultant services of RSG with a maximum funding of $20,000. If the City Council ultimately takes action to establish a second redevelopment project area, the cost of the consultant services may be considered a loan to the redevelopment agency and subsequently repaid through future tax increment. The attached resolution also authorizes a maximum of $20,000 for related legal counsel costs which may be incurred as a result of the survey area study and recommended actions. The City will continue to use Kane, Ballmer & Berkman, specifically Glen Wasserman, for its redevelopment legal counsel. In order to continue studies of other potential actions related to the plant and subject property(ies), the attached resolution also authorizes the Mayor to sign an amendment to the contract with GRA, increasing the limit by $100,000 (from $250,000 to $350,000) to fund additional consultant services. FISCAL IMPACT: Approval of the attached resolution will authorize the expenditure of a maximum of $40,000 for consultant and legal counsel services related to a study of the designated redevelopment survey area. The approval will also authorize an additional $100,000 in funding for continuing consultant services to be provided by GRA. Staff has recommended that this funding, $140,000, be II a ocated from the Contingency Fund. EXHIBITS: 1. City Council Resolution No. 9 8 - 4oq . 2. Boundary Map for Redevelopment Survey Area. File: Library: GRA Amendment & Rosenow 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 98-409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DESIGNATING A REDEVELOPMENT SURVEY AREA, AUTHORIZING FUNDING FOR CONSULTANT SERVICES TO COMPLETE A STUDY OF THE REDEVELOPMENT SURVEY AREA AND OTHER RELATED STUDIES, AND AUTHORIZING STAFF TO RETAIN SERVICES OF ROSENOW SPEVACEK GROUP TO COMPLETE A FEASIBILITY STUDY OF THE REDEVELOPMENT SURVEY AREA. WHEREAS, the City Council of the City of Carlsbad, California has been considering options for actions to eliminate or reduce the blighting influences of the San Diego Gas and Electric Power Plant on the community, and to achieve more compatible land uses in the designated area of the coastline within the City of Carlsbad; and, WHERAS, the City Council finds that there is a need to establish a Redevelopment Survey Area and to complete an initial feasibility study to determine if it would be appropriate to establish a redevelopment project within the designated area; and, WHEREAS, the Redevelopment Survey Area to be designated for study is generally described as being bordered by Chinquapin Avenue on the North, Cannon Road on the South, the Pacific Ocean on the West, and the eastern edge of the Agua Hedionda Lagoon on the East, and more specifically detailed on Exhibit “A” to this resolution which is herein incorporated by reference; and, WHEREAS, the City Council finds it necessary to retain consultant and legal counsel services and authorize the funding , in an amount not to exceed $40,000, for these consultant and legal counsel services to complete the initial feasibility study of the designated Redevelopment Survey Area; and, WHEREAS, the City Council also finds it necessary to amend its contract with Grueneich Resource Advocates to provide additional funding in the amount of $100,000 for continuing consultant services as related to further exploration of additional options for addressing the impacts on the community created by the San Diego Gas and Electric power plant. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the attached “Exhibit A” accurately represents the boundaries of the Redevelopment Survey Area, and that this area requires study to determine if a Redevelopment Project Area is feasible. 3. That the City Council authorizes the City Manager to prepare and execute the appropriate documents to retain the consultant services of Rosenow Spevacek Group, Inc. to complete an initial feasibility study of the designated Redevelopment Survey Area. 4. That the City Council authorizes the Finance Director to appropriate $40,000 from the Contingency Fund to finance the costs of the consultant services and related legal counsel for the initial feasibility study and to establish a new account for the survey area. 5. That the $40,000 in funding for the initial feasibility study and related legal services shall become a loan to the Redevelopment Agency, which shall be repaid in full with interest from future tax increment, if a second Redevelopment Project Area is established in the future for the designated area. 6. That the City Council author&es the Mayor to sign an amendment to the agreement with Grueneich Resource Advocates to provide additional funding in the amount of $100,000 for continuing consultant services related to the exploration and study of other actions to address the impacts of the San Diego Gas & Electric power plant on the community. 7. That the City Council authorizes the Finance Director to appropriate an additional $100,000 from the Contingency Fund to the City Manager Professional Services Account (001-101 l-7490) for continuing consultant services to be provided by Grueneich Resource Advocates. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 8”’ day of December, 1998, by the following vote to wit: AYES: Council Members Lewi NOES: None ABSENT: Council Member Ha (SEAU CC ResoNo. 98-409 PACIFIC OCEAN EXHIBIT “A” CITY OF CARLSBAD REDEMLOPMENT SURVEY AREA DECEMBER, 1996 EXHIBIT “A” P’ZHIBIT 2 . PACIFIC OCEAN CITY OF CARLSBAD REDEVELOPMENT SURYEY AREA DECEMBER, 1998 EXHIEIT “A” - - Terramar Association December 8, 1998 City Council Members City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Council Members: I read about the public hearing in today’s North County Times regarding the proposed acquisition of the Encina Power Plant and the possible creation of a redevelopment district to cover that land and additional land in the vicinity. Unfortunately, because of the short notice, a representative of the Terramar Association is unable to attend the hearings tonight. However, please let this letter serve notice that our community of 271 homeowners is very interested in any discussion regarding our neighboring properties. As you are aware, our community is a virtual island of homes between Cannon Road and Palomar Airport Road and is especially vulnerable to development. We recognize the need to plan for sensible growth around our homes and support any effort to do so. As our community stands to be impacted the most by any development in the immediate area, we expect to consulted through out the process. Therefore, we are formally requesting that a liaison from the planning department be assigned to our community during this process. Thank you for your consideration of this matter. Please feel free to call me with any questions at 760-438-8530. Jemoolson President fc:ltr59622.doc P.O. Box 860, Carlsbad, California 92018-0860