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