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HomeMy WebLinkAboutRDA Minutes 030999Approved as submitted DATE: 04/13/99 MINUTES REDEVELOPMENT AGENCY MEETING TUESDAY, MARCH 09,1999 (immediately following City Council Regular Session) Chairman Johnson called the meeting to order at 10:53 p.m. ROLL CALL: Present: Board Members Arrambide, Clay, Lerno, Luna and Chairman Johnson Absent: None Others Present: Board Secretary Marcia Torgerson and City Treasurer David Graham Staff Present: Executive Director Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Administrative Services Director Rachelle Rickard, Community and Economic Development Director Paul Saldana, Greg Greeson, Assistant City Manager and City Attorney Roy Hanley. APPROVAL OF AGENDA: MOTION: By Board Member Luna and seconded by Vice Chairman Arrambide to approve the agenda and extend meeting past 11:00 p.m. Motion passed 5:0 by a roll -call vote. COMMUNITY FORUM: None. A. CONSENT CALENDAR: 1. Redevelopment Agency Minutes - February 09, 1999 - (Board Secretary recommendation: Approve) [Marcia McClure Torgerson] 2. Redevelopment Agency Minutes - February 23, 1999 - (Board Secretary recommendation: Approve) [Marcia McClure Torgerson] MOTION: By Board Member Luna and seconded by Board Member Clay to approve the Consent Calendar. Motion passed 5:0 by a roll -call vote. B. PROJECT STATUS REPORTS: None C. MANAGEMENT REPORTS: Exclusive Right to Negotiate Westar Associates - Fiscal Impact: None (Staff recommendation: Agency Board authorize Chairman and Executive Director to enter into an Exclusive Right to Negotiate Agreement with Westar Associates) [Paul Saldana] Chairman Johnson announced that Board Member Lerno was stepping down on this item to avoid an appearance of impropriety (Disqualification may not be legally required under this circumstance). Community and Economic Development Director Paul Saldana gave the staff report and answered questions of the Board. The Board expressed concern about the individual property owners' rights and the language in the agreement concerning condemnation and eminent domain. Board Member Luna pointed out some of his concerns with this agreement using overheads (see Attachments A & B). PUBLIC COMMENT Peter Koetting, one of the owners of Westar, explained the procedure of exclusive right to negotiate. He stated that Rite-Aid wants to sell the Thrifty building to Von's for their expansion and remodel the Payless building. The proposed redevelopment of the center would come next. He also answered questions of the Board. Jerry Taft, Santa Clara Road, owner of Video Palace, stated that he is opposed to the term condemnation in the agreement. He said that this process favors the large developers and does not favor the small property owners. He urged the Council to remove the eminent domain language from this agreement. David Morgan, City of Orange, stated his family owns the parcel where Town & Country Motors now stands. He stated that he has the same concerns as Mr. Taft. John McGoff, 9192 Maple, expressed his concerns about this agreement and its implications. Peter Koetting, Westar, asked that if the Board approves this agreement, they encourage the owners of the properties to be available to communicate with Westar. Alex Coslino, Half Moon Bay, stated he is the owner of one of the properties, stated that he is not pleased with the approach of Westar. He was told that he must agree with their intentions, let Westar buy them out, or have the City condemn the property. He stated that he's opposed to the eminent domain. Chairman Johnson closed the Public Comment period. There was lengthy discussion on the details of this agreement and the Agency's options. There was discussion concerning pulling the language relating to condemnation and eminent domain. RA 03/09/99 Page 2 of 3 Chairman Johnson stated that he did not feel that language needed to be removed but will support it if it means this issue could move forward. Board Member Arrambide stated to Chairman Johnson that the Board should approve the agreement without the condemnation language and see how it goes. MOTION: By Board Member Clay and seconded by Board Member Luna to . remove Item #F in Section 2 of the Exclusive Agreement to Negotiate, Westar Associates. Motion passed 3:1 by a roll -call vote. (Arrambide opposed) MOTION: By Board Member Luna and seconded by Board Member Clay to authorize the Chairman and Executive Director to enter into an Exclusive Right to Negotiate Agreement with Westar Associates, as amended above. Motion passed 4:0 by a roll -call vote. D. ADJOURNMENT: Chairman Johnson adjourned the meeting at 12:20 p.m. to the next regularly scheduled meeting on March 23, 1999. MEETING RECORDED AND MINUTES PREPARED BY: At -(A., Marcia McClure Torgerson, Board cretary ATTACHMENTS: Attachment A & B — Board Member Luna's overhead presentation concerning Westar agreement. RA 03/09/99 Page 3 of 3 DDA. The. Redeveloper shall be responsible for undertaking and overseeing all improvements upon the Site. (old) Nature of Shopping Center and Ownership. The Redeveloper may acquire fee title to all or a portion of the Site up.on.or prior to entering into the DDA or within a certain period of time thereafter, as set forth in the DDA. The Redeveloper shall be responsible for undertaking and overseeing all improvements upon the Site. E. Use Transfer, and Maintenance Restrictions. The DDA will generally be subject to restrictions on use and transfer of the Site and Project during construction and for a specified period thereafter (i) to assure that the use will be consistent with and promote the Redevelopment Plan, (ii) to protect the character of the Project and to provide an adequate long-term financial return to the City of Atascadero, the . Agency and the Redeveloper, (iii) to prevent speculation, and (iv) to assure that any transferee has the resources, capability, and experience to successfully operate the Shopping Center. In addition, restrictions shall be recorded against the Site to assure proper maintenance of landscaping and improvements. F. Property Acquisition. To the extent provided by law, the DDA will contain provisions that the Agency will consider the ' use of its power of eminent domain for site assemblage'. should voluntary negotiations be unsuccessful and subj ect to the Agency's having the lawful authority to use eminent domain.