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HomeMy WebLinkAboutrda min 1990/10/04 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIleORNIA Thursday, October 4, 1990 Council Chambers 7:00 p.m. Public Services Buildinq 1. ROLL CALL MEMBERS PRESENT: Chairman Cox; Members Moore and McCandliss MEMBERS ABSENT: Members Nader and Malcolm STAFF PRESENT: Executive Director Goss; Community Development Director Salomone; Agency Attorney Boogaard 2. APPROVAL OF MINUTES - September 6, 1990 Because Member McCandliss was not present at the September 6 meeting, Chairman Cox suggested continuing approval of these minutes to the next meeting of the Agency, CONSENT CALENDAR - (Items 3 through 5) Items 3 and 4 were pulled from the Consent Calendar. CHAIRMAN COX OFFERED CONSENT CALENDAR ITEM NO. 5, the reading of the text was waived by unanimous consent, passed and was approved. 5. RESOLUTION 1123 APPROVING AGREEMENT WITH SAIL SAN DIEGO, INC. FOR SAILING AND PROMOTIONAL ACTIVITIES The San Diego Unified Port District provided $50,000 in FY 1990- 91 funding for sailing events and related promotional activities which will attract the public to the Chula Vista Bayfront, enhance tourism and economic development, and promote recreation on South San Diego Bay and the Chula Vista Bayfront. A separate contract with the Port will be considered by the City Council to receive the $50,000 from the Port for these purposes. This contract with Sail San Diego, Inc. would provide up to $50,000 to Sail San Diego for conducting the sailing and promotional activities required in the contract with the Port District. In essence, the City and Redevelopment Agency will be acting as a pass-through agent between the Port and Sail San Diego. END OF CONSENT CALENDAR Redevelopment Aqencv Minutes -2- October 4~ 1990 PULLED ITEMS 3. RESOLUTION 1121 APPROVING THE FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT WITH SCRIPPS MEMORIAL HOSPITAL FOR THE REDEVELOPMENT OF THE NORTHEAST C6RNER OF FIFTH AVENUE AND H STREET WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA At its meeting of October 5, 1989, the Agency entered into an Exclusive Negotiation Agreement with Scripps Hospital to develop an Owner Participation Agreement (OPA) for the redevelopment of 8.9 acres at the northeast corner of Fifth Avenue and H Street. The agreement was for an initial period of 180 days and allowed for an automatic extension of an additional 180 days if an OPA had not been completed. On March 1, 1990, the Agency approved the extension of the agreement which expired on September 30 1990 . ' Chairman Cox stated that in view of the fact that two members of the Redevelopment Agency are not present at this meeting, it may be appropriate to continue this item to Tuesday, October 9 following the Council meeting. Chairman Cox noted he had received Request to Speak forms from a number of people present. He asked if any of these people would have concerns with continuing this matter to that date. Following discussion, it was determined that the most convenient date and time to continue this item to was October 18, 1990 at 7:00 p.m. Agency Attorney Boogaard pointed out that the pre-existing negotiation agreement expired two days ago. By continuing this item to October 18, it will be creating a "window" period of greater duration. It does not present legal constraints, however, it does create a lapse where neither the Agency nor Scripps will be bound to negotiate in good faith. Although, at the Agency staff level, it is desirable to continue the negotiations in the same manner. Richard Seiden, 2049 Century Park East, Los Angeles, representing Scripps Hospital, requested that if this matter is continued, that there be an extension of the term of the agreement to the date of the continuance so that they have the Exclusive Negotiation Agreement in place and do not create the "window" as mentioned by Mr. Boogaard. Mr. Boogaard stated he also would prefer not to create a "window" period. It would not be a problem to have a temporary extension of the current agreement for two weeks. Redevelopment Aqencv Minutes -3- October 4~ 1990 Jim Eishen, 2729 Fourth Avenue, Suite 3, San Diego, representing RTM, Arby's Restaurant, stated for the record that although they are agreeing to temporarily extend the Exclusive Negotiation Agreement, it would be their understanding that this temporary extension would not serve to change the analysis that will occur at a later date because it will be their intention ~o argue contrary. Chairman Cox asked if anyone present wished to speak in opposition to extending the Exclusive Negotiation Agreement during the interim period of two weeks~ No one responded. MOTION MSUC (Cox/McCandliss) to continue this~item to October 18, 1990 at 7:00 p.m. and that the Exclusive Negotiation Agreement currently in existence be continued during that interim period to terminate on October 18, 1990. Mr. Boogaard requested that Chairman Cox add as part of the motion that the Agency Attorney would have the authority to prepare the necessary extension agreemen~ and have the Chairman execute same. Chairman Cox stated this would be considered part of the motion. MSUC (Cox/Moore) to change the time of the regular Agency meeting from Tuesday, October 18 at 4:00 p.m. to October 18 at 7:00 p.m. 4. RESOLUTION 1122 APPROVING AND RATIFYING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MR. ANTHONY CIOTTI AND APPROPRIATING FUNDS THEREFOR MSUC (Cox/McCandliss) continue this item to October 9, 1990. **JOINT MEETING OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL** 6. RESOLUTION 1124 SETTING THE DATE AND TIME OF THE JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT AND CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Under Redevelopment Law, the Agency must notify all affected taxing agencies and property owners of the time and date of a public hearing held for the purpose of taking public testimony on the proposed redevelopment plan and Environmental Impact Report. This resolution will result in a joint Agency/City Council public hearing being set for November 13, 1990. Responding to questions of Member Moore, Mr. Salomone stated that 1,100 property owners will receive notice of the public hearing. Redevelopment Aqenc¥ Minutes -4- October 4, 1990 Display ads will be placed in the paper for four consecutive weeks. Member Moore suggested a news release be prepared. Member McCandliss commented that the City needs to be more sensitive with regard to the wording used on all public notices that go out to the City at large. In referring to the ~roposed notice to be sent to all property owners, she noted concern with the language used that is difficult to understand. RESOLUTION OFFERED BY CHAIRMAN COX with the notation that there should be a "plain language" version of the notice prepared, the reading of the text was waived by unanimous consent, passed and was approved unanimously. MOTION Member McCandliss moved that the property owner/interested citizen letter be referred back to staff for refinement and that it be presented to the Council/Agency prior to its mailing. Chairman Cox pointed out that this notice needs to be put in the mail in the very near future. He suggested that rather than have it come back to the Agency prior to its mailing, that it be made available to each member of the Agency to take a look at for comment. Mr. Boogaard suggested appointing Agency Member McCandliss as a subcommittee to review the letter before it is mailed. Member McCandliss withdrew her motion. Member McCandliss expressed her frustration with the tight time schedule involved in processing this project area. It has put the Agency/Council in the position that they are not allowed to object to anything because there is no time to make suggested or requested changes. **END OF JOINT MEETING** 7. ORAL COMMUNICATIONS: None. 9. DIRECTOR'S REPORT: Executive Director Goss distributed copies of the City's new Visitor's Brochure to the Agency members. 10. CHAIRMAN'S REPORT: Chairman Cox questioned if an opening date for the Landis Parking Lot has been determined. Mr. Salomone responded that a date has not yet been set. The custom lights that were delivered for the parking lot were not the right lights and new custom lights will Redevelopment Aqency Minutes -5- October 4r 1990 have to be made. The Engineering Department is considering liquidated damages against the contractor because it looks like it could be approximately two more weeks before the new lights are installed. Chairman Cox commented that there may be a need for an additional outdoor light over the trash enclosure; he would like staff to evaluate the need for additional lighting. 11. MEMBER COMMENTS: Member McCandliss commented that she recently read in the newspaper that the processing of the Bayfront project is being affected by the Mayor's influence because he wants it processed before he leaves office. She noted concern that one member of the Agency would be exerting any type of influence on processing a project. Chairman Cox responded that he does believe he has been bearing any influence. If the project can come before the Council while he is still Mayor he would welcome the opportunity to vote on it. However, the driving factor in processing the project at this point is the EIR process. Executive Director Goss stated that he personally has not received any pressure from the Mayor regarding the processing of the project. The schedule staff has for the processing is the same one that was given to the Agency some time ago. He noted there has been between 500 to 600 comments that have been received on the EIR. THE MEETING ADJOURNED to Closed Session at 7:30 p.m. to discuss potential acquisition of property located at: the northeast corner of Fifth Avenue and H Street - 8.82 acres (Fee Owner: Garrett, Ltd., a California Limited Partnership, David S. Casey, Sr., Wayne P. Lill, and Metropolitan Shopping Square, Ltd.); 4501 Otay Valley Road (Roderick and Patricia Davies, Owners); Parcels 624-060-27 and 624-060-09 on Otay Valley Road (Vincent and Margaret Davies, Owners); Parcel 624-040-45 on Otay Valley Road (Atomic Investments, Inc., Leonard Teyssier, Owner); pursuant to Government Code Section 54956.8. The Closed Session meeting adjourned at 8:10 p.m. to Tuesday, October 9, 1990, following the City Council meeting and to the regular meeting of Thursday, October 18, 1990 at 7:00 p.m. Chris Salomone Community Development Director