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HomeMy Public PortalAbout2002 JTM JAN 29 Unofficial Until Approved By Council/Agency MINUTES CARSON CITY COUNCIL % REDEVELOPMENT AGENCY ADJOURNED REGULAR JOINT MEETING JANUARY 299 2002 i 6:00 P.M. AGENDA POSTED: JANUARY 24, 2002 CALL TO ORDER: The meeting was called to order at 6:10 P.M. by Mayor/Chairman Sweeney in the Council Chambers, Carson City Hall, located at 701 E. Carson Street, Carson, California 90745. FLAG SALU'T'E: Council/Agency ember Ontal led the Pledge of Allegiance to the Flag. g y i ROLL CALL: City Clerk/Agency Secretary Kawagoe called the roll: I Present: Council/Agency Members: Sweeney, Frank, Calas, Dear, and Ontal Absent: Council/Agency Members: None Also Present: City Manager/Executive Director Groomes, Assistant City i Manager/Assistant Executive Director Penn, Assistant City/Assistant Agency Attorney Thorson, City Clerk/Agency Secretary Kawagoe, City/Agency Treasurer Avilla, and staff. Gallant, Winkler, Mann, Masura, and Higaki APPROVAL OF AGENDA: The Agenda was Approved as Submitted on motion of Frank, seconded by Ontal and unanimously carried. SPECIAL ORDERS OF THE DAY (Item 1) ITEM NO. (1) JOINT PUBLIC HEARING FOR CONSIDERATION OF REDEVELOPMENT AGENCY & CITY COUNCIL APPROVAL OF EXECUTION OF (1) A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN ANSCHUTZ SOUTHERN CALIFORNIA SPORTS COMPLEX, LLC, CARSON REDEVELOPMENT AGENCY, AND THE CITY OF CARSON (REDEVELOPMENT PROJECT AREA NO. 1, AND (2) A COOPERATION ` AGREEMENT BETWEEN THE CITY OF CARSON AND THE CARSON REDEVELOPMENT AGENCY, AND (3) A LEASE AGREEMENT BY AND BETWEEN CARSON REDEVELOPMENT AGENCY AND CARSON-91, LLC REGARDING ASSESSOR'S PARCEL NUMBER 7339-001-012 (ECONOMIC DEVELOPMENT) Unofficial Until Approved By Council/Agency Joint Public Hearing Mayor/Chairman Sweeney declared the Joint Public Hearing open for Consideration of Redevelopment Agency and City Council Approval of Execution of (1) A Disposition and Development Agreement By and Between Anshutz Southern California Sports Complex, LLC, Carson Redevelopment Agency, and the City of Carson (Redevelopment Project Area No. 1 and (2) a j Cooperation Agreement Between the City of Carson and the Carson Redevelopment Agency, and (3) 1 a Lease Agreement By and Between Carson Redevelopment Agency and Carson-91, LLC Regarding assessor's Parcel Number 7339-001-012. City Clerk's/Agency Secretary's Report City Clerk/Agency Secretary Kawagoe reported that notice of the public hearing has been given pursuant to applicable law, including but not limited to the timely publication and postings as required by law and other mailings as requested by individuals and organizations. The affidavits attesting to mailing and publishing such notice is on file in the City Clerk's/Agency Secretary's Office. One (1) written communication was received as follows and was read in its entirety by City Clerk/Agency Secretary Kawagoe: • Letter, dated January 29, 2002, addressed to Mr. Peter Thorson, City Attorney, Carson, Richards, Watson & Gershon, 333 S. Hope Street, 38 h Floor, Los Angeles, California 90071, from Chris Modrzejewski, Vice President, Public Affairs, Anshutz Southern California Sports Complex, LLC, with courtesy copies to Jerry Groomes, Ann Marie Gallant, Terrence Boga, Ted Tanner, Amy Freilich, and Kevin Conwick, serving as official request that the City of Carson acknowledge the inherent conflict of interest in Dr. Boggs' position and that she be required to recuse herself from all discussions regarding the NTC in her official capacity as a City Planning Commissioner due to a conflict of interest as it relates to her role on the City of Carson's Planning Commission. Dr. Rita Boggs, a Planning Commissioner for the City of Carson, has been a party to litigation on the National Training Center (NTC) (Concerned Residents of Carson Committee, Inc. Rita Boggs as an individual, and Robert Les1eL individual v. Board of Trustees of the California State University, and Anshutz Southern California Sports Compex, LLC, as a real parties in interest). This is particularly critical for any hearings before the Planning Commission or discussions with Planning Department staff. Assistant City/Assistant Agency Attorney Thorson reported that Mr. Boga has been in contact with Dr. Boggs, and we have advised her not to participate as a member of the Planning Commission on the basis of her participation in the litigation. Mayor/Chairman Sweeney directed that all affidavits and notices be made a part of the record and requested the City Manager's/Executive Director's report. i E Staff Report City Manager/Executive Director Groomes summarized the report and recommendation and presented an overview of the item. He informed the City Council/Redevelopment Agency that staff would try to make clear what they were not here to talk about this evening. He further indicated that staff wanted to be clear what they would talk about, and what staff would not talk about tonight Carson RedevetopmentAgency/City Council JANUARY 29,2002 PAGE 2 Unofficial Until Approved By Council/Agency Economic Development General Manager Winkler explained that the Disposition and Development Agreement (DDA) and the lease provide for the lease of certain property and for the development and operation of an off-site electronic message center marquee sign at Avalon Boulevard and the 91 ! - Freeway. The DDA ensures that any lease or property disposition arrangements will be at no cost to the Agency, i.e., no tax increment funds will be used. All costs will be paid as a pass-through payment from Anshutz to the property owners. The Cooperation Agreement provides for cooperation I between the City and the Agency in connection with approving (1) a proposed amendment of the Zoning Ordinance of the Carson Municipal Code authorizing the creation of the electronic Marquee Signage Overlay District for the properties described above; (2) the rezoning of the properties; and (3) the improvements for the off-site electronic message center marquee signs for the National training center. City Manager/Executive Director Groomes reported that the DDA contractually obligates the Developer to complete mitigation measures in accordance with the NTC EIR and to provide certain public benefits as stated in Section 4.5 of the DDA and reviewed the Public Benefits required to be provided as a condition of the DDA as follows: • Local Employment Opportunities: Local hiring and job training, including a one-time commitment of$100,000 to the City. • Community Programs: Youth Training camps, youth facility support from fundraising efforts for$50,000 to $100,000, including a commitment from the Developer of$250,000 within five years of the stadium groundbreaking, and opening the NTC facilities for a variety of City and school uses and events at reduced costs. • Increased Tax Revenues: Reasonable commercial efforts to maximize point of sale revenues to the City. • Public Services Assurances: Provide up to $50,000 for public improvement damages associated with construction or operation. • Public Safety, Traffic, and Parking Management Programs: Coordinate with City and Sheriff to develop events management plan. • New Business and Development Opportunities: Work with the City and Agency to support City's Economic Development objectives. t Development Services General Manager Gallant clarified that tonight's actions of the City Council and Redevelopment Agency focus exclusively on the DDA and the Cooperation Agreement. Subsequent actions that can be expected and anticipated of the City Council through the entitlement process include action on an ordinance amendment, which would create an electronic marquee signage overlay district. Subsequent to that, actions on a zone change application which would be submitted by the developer requesting a zone change on the parcels on which these two marquee signs would be located. At that time, through the zone change application public hearing, additional comments can be made with respect to the design standards and any concerns can be expressed with respect to the aesthetics of the sign. Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGES Unofficial Until Approved By Council/Agency Assistant City/Assistant Agency Attorney Thorson reported that with respect to notice for tonight's public hearing, there was a published notice on fourteen days and seven days prior to tonight's hearing. In addition, the notices were sent to all people who normally request copies of the Council agenda and public notices. Additionally, notices were mailed to all property owners within five hundred feet of the sites that were discussed in the DDA since those people would be particularly affected by tonight's action. Staff has complied with all of the noticing requirements under Redevelopment Law for the two agreements as well as the other notices that are normally required for planning applications before the Planning Commission and the City Council. Mayor Sweeney requested all interested persons who wish to be heard regarding this evening's public hearing, as previously described, should stand and take the oath to testify. Whereupon, City Clerk/Agency Secretary Kawagoe administered the oath. Public Testimony The following persons offered comments in support of (1) a Disposition and Development Agreement By and Between Anshutz Southern California Sports Complex, LLC, Carson Redevelopment Agency, and the City of Carson (Redevelopment Project Area No. 1 and (2) a Cooperation Agreement Between the City of Carson and the Carson Redevelopment Agency, and (3) a Lease Agreement By and Between Carson Redevelopment Agency and Carson-91, LLC Regarding assessor's Parcel Number 7339-001-012. William Brown, 17701 Avalon Boulevard, Sp. 410, Carson, California 90746, representing Carson Harbor Village Home Owners Association. Daniel Gasso, 20232 S. Enslow Drive, Carson, California 90745, representing Roca De Salvacion. Del L. Huff, 868 E. Meadbrook, Carson, California 90746, representing Stevenson Village Homeowners. Ahmad Rahman, 19616 Leapwood Avenue, Carson, California 90746. Ricardo Pulido, 22'06 Gulf Avenue, Carson, California 90745. Paimo A. Guerrero, 1602 Tyler Street, Carson, California 90810, with interpretation assistance by Mr. Pulido. Carlos Gutierrez, 11 Eastridge Lane, Carson, California 90745. Pedro Teran, Jr. 2632 E. 2101 Place, Long Beach, California 90810. Walter Clark, 20212 Annalee Avenue, Carson, California 90746. John C. Goolsby, 17700 Avalon Boulevard, Sp. 321, Carson, California 90746. Lazo Javier, 11 Eastridge, Carson, California 90745. Carson Rede elopmentAgency/City Council JANUARY 29,2002 PAGE 4 Unofficial Until Approved By Council/Agency Ruth McBride, 20525 Campaign Drive, Carson, California 90746, representing Zeta Phi Beta Sorority. Robert Levenson, 211 E. 222nd Street, Carson, California 90745, for Isaac Canales, who was sick. f Jose Marios Arredondo, 6773 Harbor Avenue, Long Beach, California 90805, requested to speak in support, but was not available when called. Gladyce Wall, 16315 Tarrant, Carson, California 90746. Robert Castillo, 10 Cactus Lane, Carson, California 90745. Gerardo Torres, 2614 E. Cargo, Carson, California 90810. Sybil Brown, 17701 Avalon Boulevard, Sp. 410, Carson, California 90746. James Drew Lawson, 510 W. Carson Street, No. 102, Carson, California 90745, representing Carson Chamber of Commerce and WIN. Raphael Brooks, 12423 Merimac Court, Carson, California 90746, representing Steven Village Homeowners. Doris Wilson, 20108 Nestor Avenue, Carson, California 90746, Rod Wilson, , EMT, 4737 w. 156th Place, Carson, California 90745. Brian Raber, 1843 E. Abbottson, Carson, California 90746. Daniel Gasso, 20232 S. Enslow Drive, Carson, California 90745, representing Roca De Salvacion. Nelson Bartie, 24519 S. Avalon Boulevard, Wilmington, California 90744, representing Victory Outreach. Jose Solache, 1000 E. Victoria, Carson, California 90220, representing Associated Students of CSLDH.. Chris Modrzejewski, 1100 S. Flower Street, Los Angeles, California 90015, representing ASC. r The following persons offered comments in opposition to (1) a Disposition and Development Agreement By and Between Anshutz Southern California Sports Complex, LLC, Carson Redevelopment Agency, and the City of Carson (Redevelopment Project Area No. 1 and (2) a Cooperation Agreement Between the City of Carson and the Carson Redevelopment Agency, and (3) a Lease Agreement By and Between Carson Redevelopment Agency and Carson-91, LLC Regarding assessor's Parcel Number 7339-001-012. Dr. Rita Boggs, 21328 Island Avenue, Carson, California 90745, read a statement in its entirety. Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGES i Unofficial Until Approved By Council/Agency i f Harry Barron, 286 E. 215th Street, Carson, California 90745. Robert Lesley, 19919 Alonda Drive, Carson, California 90746, representing Alonda Drive Block Club. Louise Campbell, 17701 S. Avalon Boulevard, Sp. 332, Carson, California 90746. i k Craig Barker, 22008 Newkirk Avenue, Carson, California 90745. H. R. Norwood, 19307 Harlan Avenue, Carson, California 90746, representing CRCC. Judy Coleman, 993 Gladwick Street, Carson, California 90746. Herbert Johnson, 17623 Maple Drive, Carson, California 90746. Diane Thomas, 20219 Nestor, Carson, California 90746. Michael Rasberry, 19209 Galway Avenue, Carson, California 90746, representing CRCC. Patricia Hellerud, 21526 Nicolle, Carson, California 90745. Carl Robinson, 17700 S. Avalon Boulevard, Sp. 177, Carson, California 90746. Marion Fisk, 17700 S. Avalon Boulevard, Sp. 80, Carson, California 90746, representing CRCC. The following persons expressed general comments to: 1) a Disposition and Development Agreement By and Between Anshutz Southern California Sports Complex, LLC, Carson Redevelopment Agency, and the City of Carson (Redevelopment Project Area No. 1 and (2) a Cooperation Agreement Between the City of Carson and the Carson Redevelopment Agency, and (3) a Lease Agreement By and Between Carson Redevelopment Agency and Carson-91, LLC Regarding assessor's Parcel Number 7339-001-012. Cindy Grager, 17701 S. Avalon Boulevard, Sp. 239, Carson, California 90746, suggested that the Mayor and City Council consider standards for the signage to be included in the agreement. Carlie McDonald, 17701 Avalon Boulevard, Sp. 44, Carson; California 90746, read a statement wherein she urged the City to maintain control of the land where the signs would be located and ensure that the signs do not adversely impact the surrounding neighborhoods. There being no further persons wishing to testify, Mayor/Chairman Sweeney declared the Joint Public Hearing closed. RECESS: The meeting was Recessed at 7:40 P.M. by Mayor/Chairman Sweeney. RECONVENE: The meeting was Reconvened at 8:07 P.M. by Mayor/Chairman Sweeney with all members previously noted present. Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 6 Unofficial Until Approved By Council/Agency { { Joint Public Hearing Reopened Mayor/Chairman Sweeney declared the Joint Public Hearing reopened, at the request of Council/Agency Member Calas, for Council/Agency deliberation only. f Council/Agency Member Calas expressed concern that due to the close proximity of the sign to the channel, f the land would have a high water level, especially during hard rains or a one hundred-year rain, and inquired whether that condition had been checked. She also indicated that land testing ought to be conducted before even thinking about putting up a sign. Development Services General Manager Gallant stated that they had not yet submitted an application. She explained that the process was that the applicant seeks approval of the signs, then the applicant goes through the structural engineering process through Building and Safety. p Council/Agency Member Calas could not comment about the signage near the 91 Freeway, but with respect to the sign near her, she stated that she would like to see the tests before she would be able to vote on { anything for that sign. Council/Agency Member Dear briefly discussed the following: 1) wind factor in the case of a severe hurricane-grade storm and 2) earthquake seismic studies. He stated that the City would not want a sign that was slightly at risk of coming down in a storm, as Council/Agency Member Calas had discussed. Gene Wilson, General Manager, EMI, reported that they were relying on engineering data that had been accumulated from a present sign on the same property, as well as a City water pump on the same property. He stated that there were a number of footing designs that would withstand the wind and seismic forces. Upon inquiry by Mayor Pro Tem/Chairman Pro Tem Frank, Mr. Wilson explained that the public would see a sign similar to the Staples signs. Additionally, Caltrans does not allow continuous motion or animation, similar to the movie-type images at California State University Dominguez Hills, and each message would remain static for four seconds, off for one second, and then the next message comes on. The message will come on in black and white and then it will fade off. Upon inquiry by Council/Agency Member Dear, Mr. Wilson explained that the Coliseum sign was approximately 150 feet in overall height. His firm had not installed the Coliseum sign, but his firm had installed the Staples Center signs. They were required, as here in Carson, to install directional lighting, louver system along with a photocell-dimming device, that reads the brightness of the sun. This will allow the lights to go down as the sun goes down. The directional louver system will actually take away that brightness or glare that is seen on older electronic signs. The Crystal Park sign was approximately 85 to 90" feet tall, below freeway grade, as are these marquees. They are currently working with the Crystal Park to replace the sign and put in more updated, modern technology on the sign. Joint Public Hearing Closed There being no further testimony, Mayor/Chairman Sweeney declared the Joint Public Hearing closed. Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 7 Unofficial Until Approved By Council/Agency Council/Agency Deliberation Upon inquiry by Mayor Pro Tem/Chairman Pro Tem Frank,Development Services General Manager Gallant reported that California State University Dominguez Hills was the lead agency on both the environmental document and the addendum. Throughout this process, the City has used Mr. Frank Weems consistently to j evaluate any of the actions and the environmental and mitigation measures and impacts. Staff was completely in agreement with the fact that the existing EIR and the addendum, approved by the University,, fulfills the City's responsibilities and more than adequately meets the impacts of the two signs. Council/Agency Member Calas stated that she was not in support of going ahead with signs of that caliber and danger. She stated that it was taking a chance, and she would like the tests conducted first. Development Services General Manager Gallant referred to the issues raised with respect to structural, water-grade tables, and seismic issues, when the applicant submits an application, the City goes through a strenuous engineering and building plan check and review. The signs cannot be built unless they pass all of the structural and engineering requirements because they need a permit for construction. That would be the point where those tests would be conducted and review, not necessarily at the point of approving this particular agreement because that would come next in the process. Upon inquiry by Council/Agency Member Ontal, Development Services General Manager Gallant reported that the DDA does not preclude any actions for on-site electronic marquee signs on any of those properties. This particular potential action that will be coming forward to the City Council, is for off-site electronic advertising signs. Further, any signs that will be on-site on any of the businesses you referred to along the Auto Row or any existing businesses, perhaps along Recreation Road, would not be affected outside of the existing requirements in the existing ordinance for heights, and signs, etc. Joint Public Hearing Reopened Mayor/Chairman Sweeney declared the Joint Public Hearing reopened, at the request of Council/Agency Member Ontal. Upon inquiry, Mr. Modrzejewski stated that the DDA discusses specific opportunities that they will be funding activities in the City. But it also references an obligation that they create a foundation focused on giving to local charitable organizations serving the City of Carson. He will continue discussions with homeowner organizations. They have set up a citizens' advisory committee as part of their settlement with the University Heights Homeowners Association, and they will meet every sixty (60) days during the construction process to discuss any issues that may be outstanding and discussing any neighborhood mitigation issues that will be related to the operation of the facility. They will continue discussions with Colony Cove ownership. They have made a proposal on some improvements to the park area that they think will help with the training center. The second thing they have done is that they will have a project office on the campus and will be designating a management-level employee to be staffing an "800" number that will be available for public comment, and it will be publicized and given to all the homeowners associations and city staff. Additionally, it would be their intent, as per discussions with Mayor Pro Tem/Chairman Pro Tem Frank, to do a newsletter and get it out as much as possible so people will be aware of issues and concerns related to the construction or a concern that they are not adhering to anything that they have agreed to do, there will a number where they can be contacted. Also, that the City would be in contact with them as well. Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 8 Unofficial Until Approved By Council/Agency They have had discussions with that business owner and will continue to do so and come up with some solutions. Council/Agency Member Calas requested to see that in writing. 3 Mayor/Chairman Sweeney referred to the "management-level employee" who will be answering phone calls and commented that if they are, not doing the right thing, they will be calling Mr. Modrzejewski, Mr. Tanner, or Mr. Liewicke—not some "management-level employee." He wants his phone number on the information, ' not a"management-level employee" —maybe Martha might be okay. Mr. Modrzejewski stated that it would be Martha or he. Upon inquiry by Council/Agency Member Dear, Mr. Modrzejewski indicated that the City has his commitment to be available. They have programs to track telephone calls received and how the issues were resolved. They will be available to the City Council as well as to the residents to address any issues that do come up. i Upon inquiry by Mayor Pro Tem/Chairman Pro Tem Frank, Mr. Modrzejewski gave his commitment to continue to work together in a partnership with the City. As a part- of any partnership, there are ongoing discussions and may sometimes require either of the parties to make changes to correct anything that may not be up to satisfaction. Additionally, it is specifically called out in the DDA that any of the non-profit or City events that have been discussed previously would have the right to be on the message board and receive advertising in the same rotation as the other events at the facility. Further, the City's name would be on there and provides assistance to where they're heading when bands are coming to events. Upon inquiry by Council/Agency Member Dear, Mr. Modrzejewski clarified that there were only two signs, and it was not in their plans to build a third sign. Council/Agency Member Dear clarified that he opposed to taking people's private property for a commercial venture and thereby deprive them of their rights. He wanted to make it clear that the City was not doing that. He referred to Ms. Grager's earlier comments, and read the following statement: "Whereby the Anshutz Southern California Sports Complex, LLC (ASC) entered into an agreement with the Carson Harbor Village, Ltd., which sets forth neighborhood improvements and operational measures to be implemented in connection with the operation of the National Training Center and whereby these operational procedures specifically address concerns associated with the operation of a marquee sign adjacent to the SR- 91 Freeway (the "Marquee Sign") and whereas the City desires to ensure that the proposed marquee signs are , attractive and highlight the presence of the NTC in the City of Carson. These issues must be incorporated into the City Council and Redevelopment Agency's decision. I, therefore move that the following restrictions be incorporated into the Mitigation Monitoring Program for the Signage Project and that the Mitigation Monitoring Program, the Cooperation Agreement and the DDA and all related documents and applications be modified by the City Manager as necessary to incorporate these provisions: Carson RedevelopmentAgengy 10(y Council JANUARY 29,2002 PAGE 9 Unofficial Until Approved By Council/Agency 1 (1) Require that the overall height of the Marquee Sign is no taller than 105 feet above the freeway grade of the SR-91 Freeway. (2) Restrict the commercial sponsor advertising on the Marquee Sign so that no individual commercial sponsorship message, display or message board exceeds eighteen (18) feet in height. r (3) Require all lighting on the Marquee Sign to be turned off every evening by no later than 12 a.m., including on these evenings when there are Events. (4) Require all logo and sponsorship signage on the Marquee Sign, which is internally or externally illuminated to be inset in frame shield or other device or mechanism to substantially or completely restrict light spillage from the Marquee Sign to the northern area of the Carson Harbor Village Park. ! (5) Limit external lighting to trivision displays and place shields or other appropriate devices around the Marquee Sign to reduce glare and light emanating from the Marquee Sign onto the Park. (6) Prohibit on the Marquee Sign any decorative trimming with neon or any other exposed light elements. = (7) Prohibit any rapid animation of lighting or other display on the Marquee Sign, including without limitation the Message Center, as defined in California Business and Professions Code, Section a 5216.4, provided however, and notwithstanding said Section 5216.4, that such animation of lighting or other advertising shall not be charged no more than once every four (4) seconds with respect to i Trivision and five (5) seconds with respect to messages. (8) If the Marquee Sign is upgraded or improved after the initial erection thereof, such upgrade or improvement shall conform to Caltrans regulations and remain within the parameters specified in the FOR and this Agreement. 4 (9) With regard to both proposed signs at the SR-91 and I405, that they incorporate a decorative screen p that may be up to a maximum of 46 feet to improve the appearance of the marquee sign (10) Require that the name of the City of Carson be included on the Marquee sign. Go Kart World, a local business and the closes neighbor to the proposed 1-405 Marquee Sign site and Anschutz Southern California Sports Complex, LLC (ASC) have recently begun discussions on strategies to promote Go Kart World. ASC has agreed to continue these conversations and develop solutions to several of the issues that have been identified. 1 r I move that City Planning staff report back to the City Council's Sign Task Force in 90 days on the status of discussions between ASC and the owners of Go Kart World." Mayor/Chairman Sweeney stated that his recommendation was just a reduction in the sign height. He asked that Mr. Modrzejewski work with staff and the Planning Department to reduce that maybe ten or fifteen feet — somewhere around 90 to 9.5 feet. He offered this recommendation as a friendly amendment to the motion offered by Council/Agency Member Dear. Upon inquiry by Council/Agency Member Calas, Assistant City/Assistant Agency Attorney Thorson clarified the neither the City nor the Agency would be liable in the event the signs fall due to a catastrophe. The criteria that would be used to determine whether the City is liable is if the City maintains a dangerous condition of its property, and this sign will be built on private property. In addition, as Mrs. Gallant pointed out, that when they come in for the permit, they will have to comply with all the requirements of the Uniform Building Code and comply with all of the structural and footing requirements. And there is an immunity for issuing a permit and missing some of those points. So, it would be their liability. The fourth issue would be that in all of the leases that they will have with respect to these properties, they are indemnifying the City and 6 the Agency for anything that might happen there. j Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 10 Unofficial Until Approved By Council/Agency { Joint Public Hearing Closed There being no further testimony, Mayor/Chairman Sweeney declared the Joint Public Hearing closed. t Upon inquiry by Council/Agency Member Ontal, Council/Agency Member Dear clarified that he took those notes from the agreement between Carson Harbor Village and Anschutz, except for requiring the name of the City of Carson. He further clarified that he intended that City Planning staff report back to the City Council's Sign Sub-Committee, not Task Force, in 90 days on the status of discussions between ASC and the owners of Go Kart World. City Manager/Executive Director Groomes recommended that all the conditions stated by Council/Agency Member Dear be included as conditions of approval as opposed to items added into our formal agreement. Council/Agency Member Dear concurred with the recommendation of City Manager/Executive Director Groomes. Council/Agency Member Ontal expressed concern that staff does not have the time to analyze those conditions. He expressed his desire to have an analysis by staff. He concurred with the suggestion by City Manager/Executive Groomes. He expressed his willingness to place those comments into the record, but not to the point where it is enforceable. Mayor Pro Tem/Chairman Pro Tem Frank felt that the Council/Agency could make their decision tonight based on the information they have already review and the public comments without having to make those comments an official part of their decision. Council/Agency Member Ontal expressed his willingness to go along with the suggestions by Mayor Pro Tem/Chairman Pro Tem Frank. RECOMMENDATION for the Redevelopment Agency / City Council: TAKE the following actions: 1. OPEN the public hearing, TAKE public testimony, CLOSE the public hearing. 2. WAIVE further reading and ADOPT Resolution No. 02-03, "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON, • CALIFORNIA, MAKING CERTAIN FINDINGS THAT ALL APPLICABLE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLIED WITH AND CERTIFYING THE ADDENDUM TO FINAL EIR FOR APPROVAL OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ANSCHUTZ SOUTHERN CALIFORNIA SPORTS COMPLEX, LLC, COOPERATION AGREEMENT BETWEEN CITY OF CARSON AND REDEVELOPMENT AGENCY OF THE CITY OF CARSON, AMENDMENT OF CARSON MUNICIPAL CODE SECTION 9113.2 PROVIDING FOR AN ELECTRONIC MARQUEE SIGN Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 11 Unofficial Until Approved j By Council/Agency f OVERLAY DISTRICT AND DESIGNATION OF TWO PROPERTIES FOR SUCH OVERLAY DESIGNATION." 3. WAIVE further reading and ADOPT Resolution No. 02-017, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, MAKING CERTAIN FINDINGS THAT ALL APPLICABLE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT HAVE BEEN COMPLIED WITH AND CERTIFYING THE ADDENDUM TO FINAL EIR FOR APPROVAL OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ANSCHUTZ SOUTHERN CALIFORNIA SPORTS COMPLEX, LLC, COOPERATION AGREEMENT BETWEEN CITY OF CARSON AND REDEVELOPMENT AGENCY OF THE CITY OF CARSON, AMENDMENT OF CARSON MUNICIPAL CODE SECTION 9113.2 PROVIDING FOR AN ELECTRONIC MARQUEE SIGN OVERLAY DISTRICT AND DESIGNATION OF TWO PROPERTIES FOR SUCH OVERLAY DESIGNATION." 4. WAIVE further reading and ADOPT Resolution No. 02-04, "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON, CALIFORNIA, 1 APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON, THE CITY OF CARSON AND ANSCHUTZ SOUTHERN CALIFORNIA SPORTS COMPLEX, LLC." 5. WAIVE further reading and ADOPT Resolution No. 02-018, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON, THE CITY OF CARSON, AND ANSCHUTZ SOUTHERN CALIFORNIA SPORTS COMPLEX, LLC." 6. WAIVE further reading and ADOPT Resolution No. 02-05, "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON, CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN THE E REDEVELOPMENT AGENCY OF THE CITY OF CARSON AND THE CITY OF CARSON." i r 7. WAIVE further reading and ADOPT Resolution No. 02-019, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, APPROVING A COOPERATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CARSON AND THE CITY OF CARSON." 8. AUTHORIZE the Executive Director/City Manager and Agency Secretary/City Clerk to execute the aforementioned agreement after it has been signed by the Agency/City Attorney and by Anschutz Southern California Sports Complex, LLC. � Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 12 Unofficial Until Approved By Council/Agency ACTION: WITH FURTHER READINGS WAIVED, Resolution No. 02-03, Resolution No. 02- 04, Resolution No. 02-05, and Resolution No. 02-018, and Resolution No. 02-019 were PASSED, APPROVED and ADOPTED, as read by title only, along with staff recommendation No. 8 and to require the name of the City of Carson be included on the marquee signs and also the comments of Mayor/Chairman Sweeney regarding the height of the signs on motion of Frank and seconded by i Dear. Council/Agency Member Ontal reminded staff about a policy statement to avoid scheduling dual meetings, especially for the City Council and Planning Commission, who would like to participate in the process. f; Mayor/Chairman Sweeney offered a friendly amendment to include that City Planning staff report �. back to the City Council's Sign Task Force in 90 days on the status of discussions between ASC and the owners of Go Kart World, which was accepted by Frank and Dear and unanimously carried with Calas voting Noe. ORAL COMMUNICATIONS - Audience James Saxon, 21233 Moneta Avenue, Carson, California 90745, requested to speak, but was not available when called. I I James C. Hanks, 21312 Lynton Avenue, Carson, California 90745, concurred with the prior comments expressed by Council/Agency Member Calas for a solution to the problem of giving more representation to the citizens of Carson by having the City Council members appoint two (2) members to the Planning Commission and the Mayor appoint one (1) member to the Planning Commission for a total of nine (9). Sybil Brown, 17701 Avalon Boulevard, Sp. 410, Carson, California 9.0746, wanted to ensure that each member of the City Council has a copy of the agreement.that was signed by Anshutz and Carson Harbor Village. She stated that she will see that each of the members receive a copy. I - Staff (None) - Agency / Council (None) Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 13 Unofficial Until Approved By Council/Agency ADJOURNMENT: The meeting was Adjourned at 9:07 P.M. by Mayor/Chairman Sweeney, seconded by Dear and unanimously carried without objection. f 3 i MAY R/CHAIRMAN ATTEST: i CITY CLERK/ CY'SEARY AGEN APPROVED AND ADOPTED RY CITY COUNCIL f Carson RedevelopmentAgency/City Council JANUARY 29,2002 PAGE 14