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HomeMy WebLinkAboutrda min 1982/03/18 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, March 18, 1982 Council Conference Room 4:00 p.m. City Hall ROLL CALL MEMBERS PRESENT Chairman Cox; Members Gillow, Campbell, McCandliss, Scott MEMBERS ABSENT None STAFF PRESENT Executive Director Cole, Community Development Di rector Desrochers, Special Counsel Reed, Redevelopment Coordinator legler, Development Services Administrator Robens, Development Specialist Kassman ALSO PRESENT Mi chael Cowett, Wi 11 ene Whiteman, Richard Zogob, Lyle Jenkins, Tom Hamilton ITEM NO.1 - PUBLIC HEARING - DETERMINING AND DECLARING THE PUBLIC NECESSITY OF THE ACQUISITION OF PROPERTY OWNED BY WILLENE WHITEMAN At the March 4 meeti ng, Agency members were informed of the status of negotiations among Mrs. Whiteman, Mr. Gurnee, and the Agency. Because Mrs. Whi ternan has been out of the country and has not been abl e to revi ew the amended Owner Participation Agreement, the action to condemn the property is at the point where adverti sing for a public hearing has been made and notification of such has been given. Community Development Director Desrochers reported that the owner, Mrs. Whiteman, has been notified of today's public hearing, and the hearing has been advertised in the Chula Vista Star-News. This being the time and place as advertised, the public hearing was declared open. Mr. Desrochers noted that Mrs. Whiteman has returned from her trip to the Far East and had indicated that she would be at this afternoon's meeting; however, she is not in attendance yet. MOTION TO TRAIL ITEM MSUC (McCandliss/Cox) to trail this item to the end of this afternoon's meeting. Redevelopment Agency Meeting -2- March 18, 1982 ITEM NO.2 - REPORT: BAY PRODUCE VEGETABLE STAND The construction of a temporary vegetable stand at the terminus of "E" street adjacent to Bay Boulevard is proposed by Mr. James Hobel. MOTION TO ACCEPT REPORT MSUC (Scott/Campbell) to accept the report (to approve Mr. Hobe 1 's vegetable stand on a temporary basis, to be reviewed annually, with a condition that once development of the neighboring Street property is approved, the temporary stand must be removed). ITEM NO.3 - REPORT: FOCUS AREA DEVELOPMENT STATUS - COMMERCIAL The developer of the Town Centre Focus Area, Mr. Zogob, has assured staff that he will have financing to construct the retail center by April 1. Meanwhile, the United Artist Theatre and the Marie Callender Restaurant principals have commissioned their architects to establish designs for the theater complex and the restaurant, respectively. Wi th regard to the parking structure, bidding or prebidding on the structure will not take place until staff is assured that the retail center will proceed. The Di rector rei terated that the Focus Area developer intends to have hi s financing committed by April 1, 1982. On display was a cardboard model of the Focus Area development. MOT! ON TO ACCEPT REPORT MSUC (Scott/Gillow) to accept the report. Discussion ensued relative to the owner obtaining financing by the April 1 date. Mr. Desrochers indicated that the developer would like to start groundbreaking by July 1; however, a more realistic date would be September 1. Special Counsel Reed stated that if the developer does obtain his financing by April 1, a Writ of Possession can be filed for the condemnation action. However, he noted that he woul d need 35 days noti ce of when the property is needed in order to file this writ. In response to Executi ve Di rector Col e' s questi on, Mr. Desrochers remarked that the demolition contract commences on June 1. This includes not only the South Bay Auto Parts buil ding, but streets, utilities, etc. He also noted that the City has a two-month leeway period to release the buildings. Mr. Reed added that the property owner, Mr. Jenkins, shoul d have 30 days notice to vacate the premises and after notification is made he cannot legally challenge this in court. 3/18/82 Redevelopment Agency Meeting -3- March 18, 1982 In response to Chairman Cox's question, Mr. Jenkins indicated that he could not possibly be out of his building until the middle of July at the earliest. Mr. Desrochers noted that the United Artist Theatre would like to begin construction by July 1 of this year. ITEM NO.4 - REPORT: SOUTH BAY REGIONAL CENTER The information provided for the Agency today has been docketed at the request of the Sweetwater Authority. The material is relative to the sale of a portion of Agency-owned South Bay Regional Center property. Community Development Director Desrochers indicated that the material provided today is for the Agency's review only, no action is suggested. Discussion followed with regard to the bond indenture documents and the Agency's involvement in this matter. Special Counsel Reed stated that he was not in a position to speak for bond counsel, but he will attempt to contact bond counsel later this week. Further discussion followed with regard to the ownership of the property, and it was suggested that the Quit Claim deed be investigated. TOM HAMILTON, SUPERVISOR 1ST DISTRICT County Board of Supervisors 1600 Pacific Highway, Rm. 335 San Diego, CA 92101 Supervi sor Hami 1 ton suggested that it woul d be appropri ate to refer the item to staff and bond counsel. C. MICHAEL COWETT Jennings, Engstrand & Henrikson, Inc. 2255 Camino del Rio South San Diego, CA 92108 Mr. Cowett, representing the Sweetwater Authority, informed Agency that the proposal has been thought out by County and bond counsels. He al so fel t that it would be appropriate to refer thi s item to staff for further recommendation. He noted that the Sweetwater Authori ty is most anxi ous to move on this. MOTION TO CONTINUE ITEM MSUC (Cox/Campbell) to continue this item until the next regular Agency meeting on April 1,1982, at 7:00 p.m. 3/18/82 Redevelopment Agency Meeting -4- March 18, 1982 In response to Chairman Cox's question, Supervi sor Hami 1 ton indicated that parking facilities behind the South County Regional Center, as well as future developments by the Sweetwater Authori ty, will not be impacted by this relocation. ITEM NO.1 - RESOLUTION NO. 358 - PUBLIC HEARING - DETERMINING THE PUBLIC NECESSITY OF THE ACQUISITION OF PROPERTY OWNED BY WILLENE WHITEMAN (Continued) (This item was trailed from the beginning of the meeting pending the arrival of the property owner; therefore, the public hearing was reopened.) Community Development Di rector Desrochers stated that a correcti on shoul d be made to the 1 ast sentence of the third paragraph under "DISCUSSION" in the report: "Therefore, there will be an increase in property value but not an annual increase in tenant improvements." Mr. Desrochers continued that the reason the Agency is consldering proceeding with eminent domain is because the owner contemplates tying up the property for a long period of time. Furthermore, the property is designated as open space in both the Bayfront Plan and the City-approved Local Coastal Plan. Special Counsel Reed noted that the use contemplated by the owner is inconsistent with the adopted plan and would appear to interfere with the adopted plan. WILLENE WHITEMAN 5 The Point Coronado, CA 92118 Mrs. Whiteman testified that she is in disagreement with three of the condi ti ons of condemnati on because they are contrary to the publ i c interest. Due to today's economic conditions, the citizens should have revenue from this property. She noted that there is a probl em park near her property and the addition of another park would not be in the best interest of the citizens. C. MICHAEL COWETT Jennings, Engstrand & Henrikson, Inc. 2255 Camino del Rio South San Diego, CA 92108 Mr. Cowett, representing Mr. Ted Gurnee, explained that the revised Owner Participation Agreement, in draft form, had been prepared while Mrs. Whiteman was out of the country. He felt, however, that it is now up to the Agency's discretion as to whether or not condemnation should take place. In response to members' questions, Special Counsel Reed advised that if the Agency took acti on today to condemn the property, and in the next week or so an Owner Participation Agreement is prepared, eminent domain proceedings can be called off. He noted, however, that an agreement is not relevant to a determination of necessity. 3/18/82 Redevelopment Agency Meeting -5- March 18, 1982 Mr. Reed expl ained that a proposed amended Owner Parti ci pati on Agreement was negotiated, however, the owner disagrees with the substance of the agreement, whi ch is paragraph 5. Di scussi on foll owed wi th regard to readverti si ng the public hearing if it is not determined today that there is a public necessity for condemnation, accepting the amended Owner Participation Agreement as presently written, and the procedure to be followed should the Local Coastal Land Use Pl an not be adopted. With regard to the latter, Special Counsel Reed indicated that if the land use plan is revised somewhere in the future, the Agency's previous action to acquire by eminent domain would be reversed. PUBLIC HEARING CLOSED There being no further comments, the public hearing was declared closed. RESOLUT!ON OFFERED by Chairman Cox, the reading of the text was waived by unanimous consent, passed and adopted unanimously. Special Counsel Reed clarified that with the action taken by the Agency today he will file a lawsuit for eminent domain. DIRECTOR'S COMMENTS Executive Director Cole told Agency members that a Council Conference has been scheduled for March 25 with regard to the Block Grant budget. Chairman Cox commented on the MTDB meeting scheduled for this evening with regard to soliciting public interest for the location of a trolley station at "E" and "L" Streets. Development Services Administrator Robens informed the Agency that he and Bill Gustafson, Transit Coordinator, will be attending this meeting. ADJOURNMENT at 4:52 p.m. to the regular meeting of Thursday, April 1, 1982, at 7:00 p.m. WPC 0066H 3/18/82