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Home My WebLink AboutRDA Packet 1995/10/10 Tuesday, October 10, 1995 6:00 p.m. (immediately following the City Council meeting) Council Chambers Public Services Building Soecial Meeting of the Redevelooment Agencv of the City of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency Members Alevy _, Moot_, Padilla_, Rindon" _, and Chair Horlon_ CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are pennitled by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best prated the interests of the City. The Agency is required by law to return to open session, issue any repons affinal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Agency's return from closed session, repons of final action taken, and adjournment will not be videotaped. Nevenheless, the repon affinal action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 2. CONFERENCE WITH LEGAL COUNSEL REGARDING: Anticipated litigation pursuant to Government Code Section 54956.9(b) . Chula Vista Auto Park developers - South Bay Chevrolet and Fuller Ford/Honda/Kia v. City/Redevelopment Agency based on statements made in June 8th letter from Auto Park developers to staff and consideration to Tolling Agreement 3. REPORT OF ACTION'S) TAKEN IN CLOSED SESSION ORAL COMMUNICATIONS This is an opporlunity for the general public to address the Redevelopment Agency on any subject motter within the Agency's jurisdiction that is not an item on this agenda, (State law, however, generally prohibits the Redevelopment Agency from taking action <>n any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting, Those who wish to speak, please give your name and address for record purposes and follow up action, Your time is limited to three minutes per speaker, I f erJ'ury that I am ". declare under pena ty 0 P . . employed by the City of C.::'ula ~'S~~;:~;~hat I posted Community Developm~nt lJepar m d t the this Agenda/Nolice on th let'~ Boar I a i Public Se...'ices Buildina an City Hal DAT.@ 6 9~G1' 0 . Agenda -2- October 10, 1995 OTHER BUSINESS 4. DIRECTOR'S REPORTlSI 5. CHAm'S REPORTiS) 6. AGENCY MEMBERS COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on October 17, 1995 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. *****. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least fOrly-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 619..691.5047 or Telecommunications Devices for the Deaf (TDD) at 619.585.5647. California Relay Service is also available for the hearing impaired. [C:IWP5! IAGENCYlAGENDASltO- to-95 .AGD] MEMORANDUM September 29, 1995 TO: Mayor Shirley Horton FROM: John D. Goss, Executive Director 0" Chris Salomone, Community Dev~opment Directort~S. VIA: SUBJECT: Special Meeting of the Redevelopment Agency - October 10, 1995 Staff has need to request a Special Meeting of the Redevelopment Agency on Tuesday, October 10, 1995 after the regular City Council meeting. The following items require immediate consideration, deliberation, and action by the Agency: . . Closed Session: City Attorney's Office has requested reconsideration of the Tolling Agreement with the Auto Park developers I hereby call a Special Meeting of the Redevelopment Agency for Tuesday, October 10, 1995: IBB\C:IWP51IAGENCYIMEMOSIINF09515.MEMI MEMORANDUM October 5, 1995 TO: The Honorable Chairman & Members Of~~. Redevelopment Agency John D. Goss, Executive Director VA \:)Ii ~ ~ -....A l ~ S Chris Salomone, Community Development Director [" _ I VIA: FROM: SUBJECT: Potential Auto Park Litigation: Request from Auto Dealers to Extend Tolling Agreement The Auto Park Developers requested to address the Agency earlier this year, but were unable to coordinate a presentation due to conflicts in the schedules of the auto dealers and their attorneys. As an alternative a meeting was held with Mayor Horton and staff to allow the Developers the opportunity to air their concerns and present their arguments for additional assistance. A follow up meeting was to occur with staff. In the interim the Developers, through their attorneys, requested a tolling agreement from the City which would assure that statutes of limitations applicable to any claims the Developers may have against the City/Agency did not expire before they had the opportunity to present their issues to the Agency. The City Attorney was authorized to issue a lettm extending the filing date for any claims until September 22, 1995. Although, the Developers requested to address the Agency directly, the Agency reviewed the following issues in Closed Session on September 12. · Delay in completion of Otay Valley Road which negatively impacted business at the new Auto Park. · The failure to maintain adequate control over the stockpiled contaminated soils on the Shinohara parcel, and delays in the remediation or removal of this material. · The establishment of an improper (too high) sales tax base and yearly escalator in the Disposition and Development Agreement which restricts the dealers in receiving any payback based upon sales tax revenues in excess of the base accruing from the dealerships. · The shortfall in anticipated funds accruing from the formation of an assessment district to refund the Developers for the construction of public streets and the sewer pump station within the Auto Park. The Honorable Chairman & Members of the Redevelopment Agency October 5, 1995 Page 2 The Agency determined that it would consider an adjustment of the sales tax base escalator to more closely reflect the current inflation rate and a name change for Otay Valley Road. No other financial assistance to the Auto Dealers was authorized. The Auto Dealers have been considering making a claim against the Agency to recapture their perceived lost revenues. By the attached letter, they have requested additional time to negotiate with the Agency. Since further negotiations may deter legal action, it is recommended that the tolling period be extended until October 31, 1995. FK/ss Attachment [FK/diskA/wpwin\toll ing .meml KIRK MILLER ATTORNEY AT LAW 1307 STRATFORD COURT DEL MAR. CALIFORNiA 92014 TELEPIIONE (619) 259-9826 FACSIMILE (619) 259-9884 -,- ; October 2, 1995 " //'. >" ~i\ .,~} - \ , ,-", ~ ... - ; (. -4 ':::.....,.. . ""'.' r,., ..-~, . _, .~ " ... 'fl ., ", ~vJ...' "",'.i {_. .1-,//( ,'I. ':_' . C ,1 i ';~ ,'; . _ .".....~... <t f "t' '.' , .r " '... : .Y ," [h.~ '-'/ Via Telefax and U.S. Mail ( 1. . l . . ..~' .' Glen R. Googins Deputy City Attorney City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 RE: Chula vista Auto Park Dear Mr. Googins: This letter will confirm that the City and Agency were unable to consider my clients' request that the tolling agreement currently in place be extended 15-30 days in order to allow the parties further time to negotiate a resolution of their disputes. However, the matter will be considered at the next meeting, set for October 10, 1995. In the meantime, you and Mr. Boogaard have agreed to extend the tolling agreement through Tuesday, October 10, 1995. Your cooperation in this matter is appreciated. If you have any questions or require any additional information, please contact me. Sincerely, ') / ' I )0 Jv;//L Kirk Mi1kr KM:km This page blank.