Legislation Details

File #: HIST-4948    Version: 1 Subject:
Type: Historical Status: Consent Agenda
In control: HISTORICAL - REDEVELOPMENT
On agenda: 5/8/2007 Final action: 5/8/2007
Title: Approve Minutes of April 9, 16 and 23, 2007
Attachments: 1. Approve Minutes of April 9, 16 and 23, 2007 - CCRA MTG Minutes - April 9 2007.doc, 2. Approve Minutes of April 9, 16 and 23, 2007 - CCRA MTG Minutes - April 16 2007.doc, 3. Approve Minutes of April 9, 16 and 23, 2007 - CCRA MTG Minutes - April 23 2007.doc
These Minutes are not Official until Approved by the Culver City Redevelopment Agency CULVER CITY REDEVELOPMENT AGENCY MINUTES April 9, 2007 Call to Order The meeting of the Culver City Redevelopment Agency was called to order at 6:30 p.m. with five members present and immediately recessed to closed session. -0- CS-1 Conference with Real Property Negotiators Re: 700 Corporate Pointe Agency Negotiator: Jerry Fulwood, Executive Director, Todd Tipton, Redevelopment Administrator and Murray Kane, Agency General Counsel Other Parties Negotiators: Bank of Montreal Under Negotiation: Price, Terms and Conditions Purusant to Government Code Section 54956.8 -0- Reconvene Chair Rose called the meeting back to order at 7:15 p.m. -0- Invocation/Pledge of Allegiance The invocation was led by Assistant City Manager, Martin Cole and the Pledge of Allegiance was led by City Historian, Julie Lugo Cera. -0- Roll Call Members Present: Steven Rose, Agency Chair Scott Malsin, Agency Vice Chair Alan Corlin Gary Silbiger Carol Gross CCRA Meeting Minutes April 9, 2007 Page 2 of 3 -0- Staff Present Murray Kane, Agency General Counsel and Todd Tipton, Interim Assistant Executive Director. -0- Report on Closed Session Chair Rose indicated that there was nothing to report. -0- Public Comment - Non-Agendized Items None. -0- C-1 Secretary's Report Moved by Ms. Gross, seconded by Mr. Malsin and unanimously passed to receive and file the Secretary’s Report. -0- C-2 Cash Disbursements Moved by Ms. Gross, seconded by Mr. Malsin and unanimously passed to approve cash disbursements from March 3, 2007 through March 16, 2007. -0- C-3 Minutes of March 19, 2007 Moved by Ms. Gross, seconded by Mr. Malsin and unanimously passed to approve the minutes of March 19, 2007. -0- Staff Reports, Announcements, Receipt of Correspondence and Requests for Future Agenda Items Moved by Ms. Gross, seconded by Mr. Malsin and unanimously passed to receive and file correspondence. Chair Rose moved to adjourn the meeting in memory of Dooray Hassin, mother of Steve Hassin. Ms. Gross seconded the motion and a voice vote reflected unanimous approval. -0- CCRA Meeting Minutes April 9, 2007 Page 3 of 3 Adjournment There being no further business, it was moved by Ms. Gross, seconded by Mr. Malsin and unanimously passed to adjourn the meeting in memory of Doraye Hassin at 7:18 p.m., to the next regular meeting on Monday, April 16, 2007, at 7:00 p.m. in the Mike Balkman Council Chambers. -0- ________________________ ALICE PRASAD Agency Secretary ____________________________ STEVEN ROSE, Chairperson Redevelopment Agency These Minutes are not Official until Approved by the Culver City Redevelopment Agency CULVER CITY REDEVELOPMENT AGENCY MINUTES April 16, 2007 Call to Order The meeting of the Culver City Redevelopment Agency was called to order at 6:30 p.m. with five members present and immediately recessed to closed session. -0- CS-1 Conference with Legal Counsel Existing Litigation RE: Culver City Redevelopment Agency v. S.J. Woo, a limited liability company et al. Case No. Los Angeles Superior Court No. BC348488 Pursuant to Government Code Section 54956.9(a) -0- Reconvene Chair Rose called the meeting back to order at 7:08 p.m. -0- Invocation/Pledge of Allegiance The invocation was led by Executive Director Jerry Fulwood and the Pledge of Allegiance was led by Fred Iglesias. -0- Roll Call Members Present: Steven Rose, Agency Chair Scott Malsin, Agency Vice Chair Alan Corlin Gary Silbiger Carol Gross -0- CCRA Meeting Minutes April 16, 2007 Page 2 of 9 Staff Present Murray Kane, Agency General Counsel, Martin Cole, Assistant City Manager; Jerry Fulwood, Executive Director, John Fisanotti, Acting Redevelopment Administrator and Todd Tipton, Interim Assistant Executive Director. -0- Report on Closed Session Chair Rose indicated that there was nothing to report. -0- Public Comment - Non-Agendized Items Michael Ritchie, Center Theatre Group, thanked the Agency and Council for their support of the Center Theatre Group and the Kirk Douglas Theatre. He reported that Culver City students would be attending “Sleeping Beauty Awakes” in April and May and he presented the proposed dates for Community Nights in 2007. He also announced the upcoming season consisting of six theatrically varied shows. Jane Leonard, Air Quality Programs Manager and Employee Transportation Coordinator, gave kudos to employees participating in the Rideshare Program and she identified winners in the first quarter drawing. She indicated that employees were traveling up to 75 miles to work each day using various methods of transportation including carpools, trains, buses, and bikes and walking. Mr. Malsin presented facts illustrating the merits of ridesharing or taking public transit and he thanked Ms. Leonard and all the participants in the Ride Share Program. Lester Wagner praised the Agency’s efforts in the City and cited a Los Angeles Times article about neighborhoods where residents can walk to services. He reported much enthusiasm about the Sepulveda Project. -0- C-1 Secretary's Report Moved by Mr. Malsin, seconded by Ms. Gross and unanimously passed to receive and file the Secretary’s Report. -0- C-2 Cash Disbursements Moved by Mr. Malsin, seconded by Ms. Gross and unanimously passed to approve cash disbursements from March 17, 2007 through March 30, 2007. CCRA Meeting Minutes April 16, 2007 Page 3 of 9 -0- A-1 Authorization to Terminate the Exclusive Negotiation Agreement with Olson Urban Housing LLC for the Washington Boulevard/Centinela Avenue Redevelopment, the Purchase of Certain Documents Relative to the Property, and Issuance of a Request for Proposal for the Redevelopment of the Site Project Manager Susca provided a summary of the material of record. Mr. Corlin observed that the cost for the reports almost exactly matched the amount of cash the developer had given the Agency, and he questioned which reports would be valuable in the next year and which would become obsolete after that. Project Manager Susca stated that all the reports would have continued value except for the appraisals, which lose value after six months; he noted that the appraisals were 6- 18 months old. He indicated that while the value of the acoustics study would be reduced with a different design, it would retain some value. Mr. Corlin supported having an RFP so the City could retain control of the project and he pointed out that as a result of previous actions, the Agency is aware of what the neighborhood wants and what the neighborhood is looking for. Mr. Silbiger felt the best thing to do would be to allow the new developer to contact Olson, and let them have whatever reports they want so the Agency did not have to worry about losing money. Responding to Ms. Gross, Project Manager Susca explained that the appraisals would continue to have value, as the cost to update them would be less than to order a new full appraisal. Agency General Counsel Kane concurred noting that there is a significant amount of useful data in the full appraisal. Ms. Gross questioned what the difference in cost would be to the net bottom line for the Agency between an RFP process and selling the property. Acting Redevelopment Administrator Fisanotti suggested that selling the property may bring as much as 50% more CCRA Meeting Minutes April 16, 2007 Page 4 of 9 than the values they have been bringing to the Agency through the RPFs, ENAs, and DDAs. Mr. Malsin received clarification that development of the two pieces of property the City sold downtown was not drastically different than what was originally proposed, and he questioned whether the Agency had been able to use the documentation of the sale to retain a certain amount of control of the property. Project Manager Susca indicated that in one instance the project was attached to the deed, as part of the land sale transaction. Mr. Malsin questioned whether a provision in the purchase agreement would be able to prevent a developer from buying the land and not developing anything on it. Agency General Counsel Kane stated that the various methods would be to have a power of termination of conveyance, which would return the property to the Agency if the development did not occur, or they could have an option to take back the property at an agreed upon price, and restrictive covenants could be placed on the property limiting what could be developed. He added that these controls were not normally placed on the sale of properties, and that in the past that had reduced the amount of money offered for a property. He indicated that the Agency had the ability to impose restrictions including a requirement that the purchaser would have to demonstrate ability, credit worthiness, track record, etc., but that would diminish the number of people who would qualify. Mr. Malsin questioned what type of controls for tenanting the retail portion of the property would be possible. Agency General Counsel Kane acknowledged that could theoretically be required, but if it were intended to be an open market offer, to sell the property, those types of conditions would be highly unusual, and would probably result in some people not bidding. He added that the conditions were turning the process into an RFP that is on the market for sale. CCRA Meeting Minutes April 16, 2007 Page 5 of 9 Mr. Malsin did not see that as a negative, but expressed concern about efforts to devalue the property because of the conditions. He felt that conditions placed on the RFP made it a complex process to respond to but he did not feel that the requirements were that material and he supported selling the property on the open market. Responding to Mr. Corlin, Agency General Counsel Kane noted that the Agency would have the full discretion to review and reject all bids but he noted instances where people thought they were reserving discretion and they had not. Mr. Corlin stated that he would have to be assured that if a sale is done, the Agency would have enough control of the project that they would cover all the important issues; such as mitigation of the area and the size of the massing of the property. He noted that they might be doing an RFP by proxy and he questioned whether it was worth the risk. He noted that every condition put on the property would come back to in a lower offer, and he felt the Agency would have a higher return on an RFP than they would with a flat sale that is loaded. Mr. Malsin pointed out that the Agency had not tried to reduce the massing of the Olson project; the Coast Media Project was substantially less dense than it might have been, and the Planning Commission review process would be the same. He did not think the City would wind up with a significantly different project. Ms. Gross explained the differences between an RFP, and a market sale noting that if the Agency specified the kind of project they want that would start out more circumscribed than the RFP process would. She added that they would still have to comply with building codes, and the project needed to incorporate what the neighborhood wanted and have to be a more viable project relative to what the land is worth. Mr. Malsin questioned whether they were constrained to take the highest value offer, and Agency General Counsel Kane clarified that was in the City’s control and depended on the way the document that puts the property up for sale is CCRA Meeting Minutes April 16, 2007 Page 6 of 9 written. He added that the Agency could reserve the right to reject all offers. Mr. Malsin received clarification that street level requirements could be imposed on the offer for sale, and he wanted the Agency to consider retail uses, in that section of the West Washington Corridor that was designated as neighborhood serving in the revitalization action plan adopted a few years ago by the Agency. He expressed concern about the erosion of space for retail use and felt it would be advisable to require retail in that area. The Agency discussed whether there was an overlay zone, and Acting Redevelopment Administrator Fisanotti explained that there were workshops after West Washington was added to the project area, but most of those recommendations had to do with public improvements and were never adopted. Mr. Malsin clarified that Street Level Use Design Standards were meant to apply to certain areas in the City, but were never adopted. Responding to Ms. Gross, Agency General Counsel Kane indicated that the City could get in trouble if someone made an offer the City could not reject, but he felt the document could be worded to prevent that from happening. Mr. Malsin moved to approve recommendations 1, 2 and 4 and Ms. Gross seconded the motion. Mr. Silbiger amended the motion to indicate that Olson should not be reimbursed since the Agency is under no obligation to repay that expense. Mr. Malsin stated that Olson put in an enormous amount of work into the project, and he felt it would be reasonable to offer the reimbursement. Mr. Corlin expressed concern that about retaining control of the project, to protect the neighborhood, and he pointed out that all developers comes in with the largest project because they know it will be reduced. He felt the RFP system worked, and he noted that a lot had to do with the way the CCRA Meeting Minutes April 16, 2007 Page 7 of 9 Agency handled the process. Responding to Mr. Corlin, Project Manager Susca indicated that two RFPs were issued for the 9900 Culver parcel and the Coast Media lot, but they were subsequently sold through purchase, and sale agreements, and the deed on one parcel reflected a statement of what the proposed project was. The group discussed various ways other parcels in the City had been handled and Ms. Gross pointed out that the Agency did not normally acquire land unless they were holding the reins on development. Mr. Corlin commented on the unsuccessful RFP noting that he was not sure whether it was Olson, the property, or the Agency. He noted that they were balancing protections to the City against dollars, and he wanted to be convinced that the City would have protections. Mr. Malsin felt certain the City would be protected with the same types of controls implemented, and he pointed out that RFPs were time consuming whereas, a sale could be handled quickly which would be a benefit as the property has been an eyesore for long enough. Agency General Counsel Kane pointed out that item 4 as written indicated sale to the highest bidder whereas, the discussion focused on an RFP and a straight sale. He suggested placing parcels A&B up for sale for a firm purchase price; reserving the right to pick any bid, not necessarily the highest bid; requiring certain specific development, minimum qualifications of finance-ability, track record, credit worthiness; and requiring certain details about land use sensitivity to the neighborhood and street level development. Moved by Mr. Malsin and seconded by Ms. Gross to approve the Acknowledgment of Termination of Exclusive Negotiation Agreement, Purchase of Documents and Release with Olson Urban Housing LLC in the amount of $50,616 and authorize the Executive Director to sign the agreement on behalf of the Agency. The motion passed by the following vote: AYES: Corlin, Gross, Malsin and Chair Rose. NOES: CCRA Meeting Minutes April 16, 2007 Page 8 of 9 Silbiger Moved by Mr. Malsin and seconded by Ms. Gross to Acknowledge that though the Agency previously approved an Exclusive Negotiation Agreement with SJ Woo LLC and PCKW LLC, they have decided not to enter into the ENA for Site A; Approve placing Site A and B up for sale, including the 12331 to 12333 Washington Boulevard parcel as an option for potential inclusion in the sale with the inclusion of additional wording specified by Agency General Counsel Kane. The motion passed by unanimous vote. The Agency all agreed that an item should be agenized to address street level retail requirements in the area. -0- Staff Reports, Announcements, Receipt of Correspondence and Requests for Future Agenda Items Moved by Mr. Corlin, seconded by Ms. Gross and unanimously passed to receive and file correspondence. Mr. Silbiger suggested offering educational programs for the new Sepulveda Community Advisory Committee and to help others understand development and smart growth. Ms. Gross noted that was already in process as staff had created a presentation to educate the Advisory Committee and she suggested that same education for the Planning Commission. Executive Director Fulwood indicated that staff had been working to expand training including a retreat with Council members and Commissioners to attend educational programs and joint meetings. He reported that a number of special conferences were available for Commissioners to keep current on Planning issues, and staff was encouraged to help make Commissioners aware of what conferences and programs are available. He added that he and Assistant City Manager Cole would also be meeting with various Commissions. Chair Rose asked that the meeting be adjourned in the memory of Paula Olsen. CCRA Meeting Minutes April 16, 2007 Page 9 of 9 Chair Rose announced that he and Mr. Malsin would paint a garage door for the Education Foundation on Saturday, April 21. He added that the Historical Society Quarterly meeting would be held on Wednesday, April 18 at 7:30 p.m. at the Leftridge Garden Room. -0- Adjournment There being no further business, it was moved by Mr. Malsin, seconded by Ms. Gross and unanimously passed to adjourn the meeting in memory of Paula Olsen at 8:21 p.m., to the next regular meeting on Monday, April 23, 2007, at 7:00 p.m. in the Mike Balkman Council Chambers. -0- ________________________ ALICE PRASAD Agency Secretary ____________________________ STEVEN ROSE, Chairperson Redevelopment Agency These Minutes are not Official until Approved by the Culver City Redevelopment Agency CULVER CITY REDEVELOPMENT AGENCY MINUTES April 23, 2007 Call to Order The meeting of the Culver City Redevelopment Agency was called to order at 8:39 p.m. with five members present. -0- Invocation/Pledge of Allegiance Covered under City Council. -0- Roll Call Members Present: Steven Rose, Agency Chair Scott Malsin, Agency Vice Chair Alan Corlin Gary Silbiger Carol Gross -0- Staff Present Murray Kane, Agency General Counsel, Martin Cole, Assistant City Manager; and Jerry Fulwood, Executive Director. -0- Public Comment - Non-Agendized Items None. -0- C-1 Secretary's Report Moved by Mr. Corlin, seconded by Ms. Gross and unanimously passed to receive and file the Secretary’s Report. -0- A-1 Culver City Redevelopment Agency Reorganization, April 2007 through April 2008 Chair Rose opened up nominations for Chair of the Redevelopment Agency. Moved by Mr. Corlin and seconded by Ms. Gross to nominate Mr. Malsin to serve as Chair of the Redevelopment Agency. CCRA Meeting Minutes April 23, 2007 Page 2 of 6 Moved by Mr. Silbiger, seconded by Ms. Gross and unanimously passed to close the nominations. Voting on the original motion to appoint Mr. Malsin to serve as Chair of the Redevelopment Agency was unanimous. Chair Rose turned the meeting over to Chair Malsin. Agency members thanked Mr. Rose for his service as Chair of the Redevelopment Agency and congratulated Chair Malsin on his new position. Chair Malsin opened the nominations for Vice Chair. Moved by Mr. Rose, seconded by Mr. Corlin and unanimously passed to nominate Mr. Silbiger to serve as Vice Chair of the Redevelopment Agency. Agency members discussed subcommittee nominations and noted the disruptions caused by changing subcommittee members on active committees or those in the process of negotiations. Mr. Silbiger pointed out that there were 12 positions so each Agency member should be allowed to serve on two or three subcommittees, but he only serves on one. He asked for fairness and to be allowed to serve on an additional committee. He reported enjoying his service on the Sepulveda Boulevard Committee with Ms. Gross and asked to serve on either the Hayden Tract, West Washington or Corporate Pointe committees. Ms. Gross stated that significant negotiations were going on with Hayden Tract and Corporate Pointe and she expressed reluctance to relinquish her position. Mr. Rose indicated that he was also serving on only one committee and he was not able to give that up. Chair Malsin offered to let Mr. Silbiger have his position on the Brotman subcommittee but it was noted that had already been voted on in the City Council session. CCRA Meeting Minutes April 23, 2007 Page 3 of 6 Mr. Silbiger observed that if the criteria to change committees is that there be nothing going on, no one would ever get a chance to change committees. Assistant City Manager Cole suggested that if there is a conflict between Agency committee appointments and Council committee appointments, the matter could be reconsidered on May 14 when the Council will consider certain committees again. Mr. Silbiger asked to apply to each Committee individually. Agency members discussed reasons for holding on to positions and voting processes. Mr. Rose moved to keep all Agency Committee assignments the same for the upcoming year, except for the GDRC with the addition of Mr. Silbiger. Ms. Gross seconded the motion. Mr. Silbiger objected to the different way of voting noting that he wanted a separate vote on each committee so he could apply for each one. Ms. Gross withdrew her second to the motion. Moved by Mr. Rose and seconded by Ms. Gross that Mr. Corlin and Chair Malsin serve on the Washington National Committee. The motion was carried by a unanimous vote. Moved by Ms. Gross and seconded by Mr. Corlin that Ms. Gross and Chair Malsin serve on the Hayden Tract Committee. Mr. Silbiger asked to serve on the Hayden Tract Committee. Chair Malsin stated that he wanted to continue to serve on that committee. Ms. Gross indicated that she wanted to continue to serve and she noted that they had accomplished significant work in the past week and it would be difficult to make a change. CCRA Meeting Minutes April 23, 2007 Page 4 of 6 Mr. Silbiger made a substitute motion that he serve on the Hayden Tract Committee. Mr. Rose seconded the motion and the motion failed on the following voice vote: AYES: Rose and Silbiger. NOES: Corlin, Gross and Malsin. Voting on the original motion to keep Ms. Gross and Mr. Malsin on the Hayden Tract Committee passed with the following voice vote: AYES: Corlin, Gross, Malsin and Rose. NOES: Silbiger Moved by Ms. Gross and seconded by Mr. Corlin that Ms. Gross and Mr. Silbiger continue to serve on the Sepulveda Boulevard Committee. A voice vote reflected unanimous approval with the exception of Mr. Rose who abstained. Moved by Mr. Silbiger that he be allowed to serve on the West Washington Committee. Motion died for lack of a second. Moved by Ms. Gross and seconded by Mr. Rose that Mr. Corlin and Chair Malsin continue to serve on the West Washington subcommittee. The motion passed on the following voice vote: AYES: Corlin, Gross, Malsin and Rose. NOES: Silbiger Moved by Mr. Silbiger that he and Mr. Rose serve on the Corporate Pointe Committee. The motion died for lack of a second. Moved by Mr. Corlin and seconded by Mr. Rose that Mr. Rose and Ms. Gross continue to serve on the Corporate Pointe Committee. The motion passed on the following voice vote: AYES: Corlin, Gross, Malsin and Rose. NOES: Silbiger. Chair Malsin indicated that he would withdraw his name from the Brotman Medical Center subcommittee so that Mr. Silbiger could serve. Moved by Mr. Rose and seconded by Ms. Gross that Mr. Silbiger serve on the Brotman Medical Center subcommittee. CCRA Meeting Minutes April 23, 2007 Page 5 of 6 The Agency discussed how to handle the change procedurally and agreed that the item should be brought back to the City Council as soon as possible and the committee would not be allowed to meet under any circumstances in the interim. The motion passed on a unanimous voice vote. Chair Malsin stated that the rest of the Agency committees were formed jointly with the City Council. Moved by Mr. Corlin and seconded by Ms. Gross to appoint members to serve on the General Design Review Committee, the Audit and Financial Planning Committee, the Treasurer’s Investment Committee, the Economic Development Committee, the School District Liaison Committee and the Metro Committee as previously designated at the April 23, 2007 City Council meeting. Assistant City Manager Cole clarified that the General Design Review Committee as approved by Council designated Ms. Gross and Mr. Silbiger to serve with Mr. Corlin and Chair Malsin serving as alternates. The motion passed by unanimous voice vote. -0- Staff Reports, Announcements, Receipt of Correspondence and Requests for Future Agenda Items Moved by Mr. Corlin, seconded by Mr. Rose and unanimously passed to receive and file correspondence. Executive Officer Fulwood and Assistant City Manager Cole thanked the former Chair and Vice Chair of the Agency for a challenging year and congratulated the new Chair and the new Vice Chair. Agency members congratulated the new and outgoing Chairs of the Agency. -0- CCRA Meeting Minutes April 23, 2007 Page 6 of 6 Adjournment There being no further business, it was moved by Ms. Gross, seconded by Mr. Rose and unanimously passed to adjourn the meeting in memory of Congresswoman Juanita Millender McDonald at 9:06 p.m., to the next regular meeting on Monday, May 7, 2007, at 7:00 p.m. in the Mike Balkman Council Chambers. -0- ________________________ ALICE PRASAD Agency Secretary ____________________________ STEVEN ROSE, Chairperson Redevelopment Agency