Loading...
HomeMy WebLinkAboutrda min 1981/12/17 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, December 17, 1981 - 4:00 p.m. Council Conference Room - City Hall ROLL CALL t1EMBERS PRESENT Chairman Cox; Members Gillow, Campbell, McCandliss, Scott Members Absent None STAFF PRESENT Executive Director Cole, Community Development Director Desrochers, Special Counsel Reed, Redevelopment Coordi- nator legler, Development Services Administrator Robens, Development Specialist Kassman, Agency Attorney Lindberg ALSO PRESENT James Cappos, Ted Gurneé, Willene Whiteman ITEM NO.1 - REPORT: ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH WILLENE WHITEMAN At the Agency meeting of December 8, staff was directed to return to the Agency this date with an owner participation agreement between Mrs. Whiteman and the Redevelopment Agency. A meeting held the following day (December g) resulted in an impasse. Community Development Director Desrochers reiterated his recommendation as stated in the written report. He noted that a letter was delivered from Mrs. Whiteman for the Agency's review. (Letter distributed at City Council meeting of December 15, 1981.) Special Counsel Reed advised that Agency members may wish to recess to Closed Session in order to amplify statements made in his previous "Confidential" memo. MOTION TO RECESS TO CLOSED SESSION MSUC (Cox/Scott) to recess to Closed Session. MEETING RECESSED/RECONVENED The meeting recessed at 4:03 p.m. and reconvened at 4:22 p.m. Member Campbell informed the property owner that it would seem appropriate at this time that the Agency commence eminent domain proceedings. MOTION TO COt1MENCE EMINENT DOMAIN PROCEEDINGS MSUC (Campbell/McCandliss) to commence eminent domain proceedings to acquire the property, and, while doing so, however, request that staff (because there is time involved in commencing proceedings) exhaust any and all efforts to see that the impasse can be broken. 12/17/81 ------------------------------- Adjourned Regular Meeting - Redevelopment Agency -2- December 17, 1981 Chairman Cox explained that the Agency has taken action to begin eminent domain pro- ceedings. And while these proceedings are going on, staff has been directed to con- tinue negotiating with the owner and tenant on the subject property in order to affect some type of owner participation agreement. In response to Mrs. Whiteman's questions, Chairman Cox commented that a compromise agreement could be reached in light of the letter received by Mrs. Whiteman's attorney. / TED GURNEE PACIFIC COAST WELDING & MACHINE, INC. P.O. Box 1355 National City, CA Mr. Gurneé stated that the language of the draft owner participation agreement is the special counsel's proposal. It is not the proposal of either he or Mrs. Whiteman. He remarked that the Agency's action calling for commencement of eminent domain pro- ceedings is very premature. Member McCandliss noted that these proceedings take approximately 30 days; in the meantime, further negotiations should be encouraged. Discussion followed regarding the letter prepared by Mrs. Whiteman's attorney, the risk involved to the tenant, and the appreciated value of the subject property. Member Scott pointed out that the decision at hand is to either allow the property owner to use the property in the manner she wants, or to purchase the property. Mr. Desrochers stated that he has communicated all sides of this subject to the Agency. He suggested that the property owner and tenant submit a proposal, in writing, for the proposed use of the property as any other property owner in the redevelopment area must do. Chairman Cox suggested that the owner and tenant prepare their proposed owner parti- cipation agreement for consideration at the Agency meeting on January 7. ITEM NO.2 - REPORT: LOCAL COASTAL PLAN LITIGATION AND NEGOTIATION Special Counsel has been directed to report to the Agency with regard to the status of the Coastal Commission litigation. Chairman Cox stated that we are awaiting a letter from the Coastal Commission Chairman indicating their choice for a negotiating committee. Special Counsel Reed stated that the brief will be filed in Supreme Court tomorrow (December 18, 1981). The Supreme Court will inform us in about three weeks whether or not they have accepted the case. If they accept the case, a decision should be reached within three or four months. Copies of this brief will be provided for Agency members. 12/17/81 ------------ --------- Adjourned Regular Meeting - Redevelopment Agency -3- December 17, 1981 MOTION TO ACCEPT REPORT MSUC (Cox/Campbell) to accept the report. ITEM NO.3 - REPORT: SCHEDULE FOR DESIGN, BIDDING AND CONSTRUCTION OF THE TOWN CENTRE PARKING GARAGE Construction of the parking structure has been projected to begin July 1, 1982. The starting date is contingent upon the Focus Area developer's progress towards con- structi ng the proposed commerci a 1 center. MOTION TO ACCEPT REPORT MSUC (Scott/Cox) to accept the report. In response to Member Campbell's questions, Mr. Hauser, the parking structure con- sultant, explained the pre-bid method for the construction of the parking garage. ITEM NO.4 - REPORT: REQUEST FOR PROPOSAL FOR THE DESIGN OF THE TOWN CENTRE PARKING STRUCTURE A draft of a Request for Proposal soliciting architectural and engineering services for the design of the parking structure has been prepared per Agency direction. MOTION TO ACCEPT REPORT MSUC (Scott/McCandliss) to accept the report. ITEM NO.5 - RESOLUTION NO. 345 - a) APPROPRIATING THE SUM OF $12,900 TO CONDUCT SOIL AND GEOLOGIC INVESTIGATION FOR THE PROPOSED TOWN CENTRE PARKING STRUCTURE RESOLUTION NO. 346 - b) AUTHORIZING AN AGREEMENT BETWEEN WOODWARD-CLYDE CONSULTANTS AND THE REDEVELOPMENT AGENCY FOR SOILS AND GEOLOGIC INVESTIGATIONS OF THE TOWN CENTRE PARKING STRUCTURE SITE Proposals have been requested to analyze subsurface soil and geologic conditions beneath the site of the Town Centre parking structure in order to determine their suitability as foundation material and to provide recommendations regarding grading and drainage design. Member Campbell addressed the proposal of Woodward-Clyde Consultants recommended for approva 1 by staff. Under the "COST ESTmATE" paragraph on page 4 of thei r proposal, it is stated that "11e wi 11 not exceed the amount of $12,9OO without your approva 1. " Member Campbell pointed out that this statement should not be understood as a fixed price. A cost estimate should be understood as a "not to exceed" figure. He sug- gested that in the future this type of statement be properly worded. RESOLUTIONS OFFERED by Member Campbell, the reading of the texts was waived by unani- mous consent, passed and adopted unanimously. 12/17/81 .----- --..----.-.------.--.----- --.---.---------- Adjourned Regular Meeting - Redevelopment Agency -4- December 17, 1981 ITEM NO.6 - REPORT: FINANCING FOR THE TOWN CENTRE FOCUS AREA On December 3,1981, the Agency approved financing documents for the Marie Callender facility. It was reported at that time that the financing negotiations for the retail area and the theatre were progressing but that no commitments had yet been made. MOTION TO ACCEPT REPORT MSUC (Scott/Cox) to accept the report. ITEM NO.7 - RESOLUTION - APPROPRIATING FUNDS FOR ACQUISITION IN THE FOCUS AREA Chairman Cox noted that the resolution for this item was not included in the packets. MOTION TO CONTINUE ITEM MSUC (Scott/Cox) to continue this item following the regular City Council meeting on Tuesday, December 22, 1981. ITEM NO.8 - REPORT: EL PRIMERO HOTEL LAND USE PERt~IT A commercial kitchen and restaurant within the El Primero Hotel located at 416 Third Avenue is proposed. The addition of this restaurant use requires the review and approval of the Redevelopment Agency. The project is exempt from environmental re- view, and the Project Area Committee recommends approval of the proposal. MOTION TO ACCEPT STAFF RECOMMENDATION MSUC (Scott/Cox) to approve the establishment of a commercial kitchen and restaurant facility with a maximum seating capacity for 16 patrons within the El Primero Hotel. ITEM NO. g - RESOLUTION NO. 347 - AUTHORIZING REPAYMENT OF CITY LOAN IN THE AMOUNT OF $325,000 In 1977, the Redevelopment Agency borrowed $325,000 from the City's Capital Outlay Funds to assist in the initial stages of the Town Centre I development. Sufficient funds are now available so that these funds will be repaid to the City. RESOLUTION OFFERED by Member Scott, the reading of the text was waived by unanimous consent, passed and adopted unanimously. ITEM NO. 10 - REPORT: BROADWAY STUDY STATUS On October 15, the Agency concurred with the Broadway Association's request to con- tinue the topic of the Broadway Redevelopment Study. This extension was requested in order to further study the draft report. A letter has been prepared by the Broadway Association explaining that the time extension was not sufficient to clarify questions regarding the proposed redevelopment of certain sections of Broadway yet to be designated. Mr. Desrochers distributed copies of the letter prepared by the Broadway Association dated December 14, 1981 to Agency members. 12/17/81 ---. - ----.------------ - --------------------------- Adjourned Regular Meeting - -- Redevelopment Agency -5- December 17, 1981 Community Development Director Desrochers, referring to the Association's letter, stated that perhaps a liaison with the Association should be maintained in the form of an ad-hoc committee. MOTION FOR PROPOSED AD-HOC COMMITTEE MSUC (Cox/Scott) to direct staff to come back with a report giving reasons for an ad-hoc committee and come back to the Agency with their suggestions. MOTION FOR POSSIBLE EXTENSION OF BAYFRONT REDEVELOPMENT AREA MSUC (Cox/Scott) to direct staff to consider whether the Bayfront Redevelopment project area should be extended to include the area east of Interstate 5 on "E" Street. MOTION AUTHORIZING POSSIBLE REDEVELOPMENT NEAR "H" STREET MSUC (Scott/Cox) authorizing staff to look into the possibility of redevelopment around the "H" Street Trolley Station. ADJOURNMENT at 5:19 p.m. to the special meeting of December 22, 1981 and the regular meeting of January 7, 1982. 12/17/81 ----- -------