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HomeMy WebLinkAboutrda min 1993/09/28 CC MINUTES OF A SPECIAL JOINT MEETING OF THE REDE3/KLOPMENT AGENCY/ CI'I'Y COUNCIL OF THE CITY OF CHUId~ VISTA Tuesday, September 28, 1993 Council Chamber 7:35 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Horton, Fox, Moore, Rindone, and ChairmanYMayor Nader ALSO PRESENT: John D. Goss, Director/City Manager; Brace M. Boogaard, Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: August 17, 1993 MSUC (Fox/Moore) to approve the minutes of August 17, 1993 as presented. CONSENT GAI2ENDAR (None Submitted) 3. WRI 1 llmn COMMUNICATIONS: None * * END OF CONSENT CALENDAR PUBLIC I-IFAPd NGS 4. PUBLIC HEARING CONSIDERATION OF A LAND USE PFe. RMIT TO ALLOW THE RE- SALE OF GH1LDREN'S GLOTHING IN CONJUNCTION WITH THE SALE OF NEW CHILDREN'S GLOTHING AT 257 THIRD AVENUE--The "Kids Only" store located at 257 Third Avenue proposes to sell near new children's clothing. The re-sale of retail merchandise requires the Agency's review and may only be allowed through the issuance of a Land Use Permit. The Downtown Business Association Board of Directors is in support but with strict conditions. Staff recommends approval of the resolution. (Director of Community Development) Continued from the meeting of September 21, 1993. RESOLIYrlON 1353 GRANTING, WITH CONDITIONS, A LAND USE PERMIT TO ALLOW THE RE-SALE OF CHILDREN'S CLOTHING IN CONJUNCTION WITH THE SALE OF CHILDREN'S NEW CLOTHING AT 257 THIRD AVENUE Chris Salomone, Director of Community Development, informed the Agency/Council that the Town Centre Project Area Committee voted to approve the land use permit subject to the conditions listed in the report. The vote was 4 0-3. Chairman/Mayor Nader stated it would have been helpful if the minutes had been attached. This being the time and place as advertised, the public hearing was declared open. There being no requests to speak, the public hearing was closed. Minutes September 28, 1993 Page 2 RESOLUTION 1353 OI'lqeiRED BY CHAIRMAN/MAYOR NADER, reading of the text was waived. Agency/Council Member Moore questioned if there was a way to verify "high quality, slightly worn" clothing. If it was going to be verified, he questioned what the frequency of that verification would be. He was concerned with the percent and quality. Mr. Salomone responded that staff had developed some criteria based on what high quality was. The enforcement of the condition could result in revocation of the permit. Staffhad relied upon complaints and staff had not developed a frequency of enforcement as it was the first of its kind use other than the bookstore. Staff would be in constant contact with the Town Centre PAC and would receive input through them. Agency/Council Member Moore did not feel Council should receive their information from someone that could be bias either way. There should be some type of check and balance, possibly a check a month for three months by someone that had a child and knew about childrens clothing. Agency/Council Member Rindone stated that was reasonable, but there needed to be an annual check thereafter. He felt Member Moore's intent was obvious, i.e. if it became a second-hand district the City would lose the economic viability of the downtown area. He wanted an informational memorandum from staff on how they would be providing those assurances. - The public hearing was reopened to take public testimony. Margarita Martinez, 418 Naples Street, Chula Vista, CA, representing Kids Only, informed the Agency/Council there was a great demand for their product. She felt it would be beneficial to the community. Agency/Council Member Moore questioned whether Ms. Martinez had a problem with the inspections. Ms. Martlnez replied that she welcomed the inspections. There being no further public testimony, the public hearing was declared closed. VOTE ON RESOLUTION 1353: approved unanflnously. ORAL COMMUNICATIONS None ACTION ITEMS 5. AGENCY/COUNCIL REPORT STATUS OF MIDBAYFRONT NEGOTIATIONS-On September 7, 1993 staff_ presented the status of the Midbayfront negotiations to the Agency. The Agency directed staff to continue negotiations with the developer and return with new proposal. Staff recommends the Agency accept the report, indicate its preference for terms and conditions of Agency financial participation, and direct staff to Minutes September 28, 1993 Page 3 negotiate for the preferred terms and conditions in the Development Agreement; and, adopt the resolution authorizing staff to proceed with a Redevelopment Plan Amendment and appropriating funds therefor. (Community Development Director) Staff requests the item be continued to a Special Joint Meeting of October 26, 1993. A. RESOLUTION 1355 AUTHORIZING CONTINUED NEGOTIATIONS WITH THE M]DBAYFRONT DEVELOPER IN ACCORDANCE WITH APPROVED INSTRUCTIONS TO NEGOTIATORS B. RE. SOLLrIION 13S6 ALFFHORIZING THE PREPARATION OF AN AMENDMF24T TO THE BAYFRONT RFJ)EVF. LOP~ PLAN AND APPROPRIATING FUNDS TIIEREFOR [4/5ths Vote Required] MS (Nader/Fox) to continue the report to the meeting of October 26, 1993. Agency/Council Member Rindone questioned whether there had been any efforts on the part of the applicant to try to appeal directly to the Council and bypassing staff. Chris Salomone, Director of Community Development, responded that negotiations were open and on-going and that had not occurred. There was always that specter over the negotiations, but the applicant had notified him that he was willing to come back to the table and try to work it out before the meeting of the 26th. Agency/Council Member Rindone stated he hoped it was understood by the applicant, and staff needed to reinforce it. Council was looking forward to a staff recommendation. It was not a one-sided negotiation and if that was not the case, it would have a chilling prospect on the receptiveness by the Council. He felt it was important that negotiations continue until a staff recommendation could be reached and if that did not happen the applicant should go directly to Council. Agency/Council Member Fox questioned whether the applicant was in concurrence with the continuance. Mr. Salomone responded that they were. VOTE ON MOTION: approved unanimously. I'FFJ~S PULLED FROM THE CONSENT CAI.FNDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 6. DIRECTOR/CITY MANAGER'S RFJ~ORT - None 7. CHAIRMAN/MAYOR'S REPORT - None 8. AGENCY/COUNCIL MEMBERS' COMMENTS - None Minutes September 28, 1993 Page 4 ADJOURNMENT ADJOURNMENT AT 7:50 P.M. to the regular meeting of the Redevelopment Agency on Tuesday, October $, 1993 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~--~ ~X'~ '~-'~' ~ ,~ \, ~ Vicki C. Soderquist, Deputy Cit~!erk