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<br />2. <br /> <br />He was never notified of the date and time when it <br />was presented to the Commission; and <br /> <br />-'-- <br /> <br />3. <br /> <br />He never had an opportunity <br />proposal to the Commission. <br /> <br />to <br /> <br />present <br /> <br />his <br /> <br />. <br /> <br />The City Manager told the members of the Agency that the <br />direct recommendation of the Commission to the Agency was to <br />establish the date of December 15, 1981 for the public <br />hearing to adopt a Resolution authorizing execution of a <br />Disposition and Development Agreement in which all parties <br />could be heard. <br /> <br />Chairman Bricken informed the City Manager that the question <br />that was being raised was whether such Public Hearing was <br />heard before the Commission, and if it was, Mr. Des Rochers <br />was not aware of it. <br /> <br />. <br /> <br />The Executive Director informed the members of the Agency <br />that the Redevelopment Commission does not hold public <br />hearings on Development Agreements, only the Agency does. <br />In addition, the Redevelopment Agency sets the time and date <br />of the Disposition and Development Agreement consideration <br />for public hearing. Chairman Bricken then confirmed that it <br />was not the Commission's function to hold the public <br />hearing. <br /> <br />Mr. Terry M. Moshenko, Moshenko, Bradley & Assoc., Douglas <br />Plaza, Suite 102, 18952 MacArthur Blvd, Irvine, CA 92715, <br />requested that the Agency postpone the setting of the public <br />hearing for ninety (90) to one-hundred twenty (120) days to <br />allow them to have further input in the process. He also <br />mentioned that they had submitted a proposal to the Agency, <br />but that the Agency never wrote or called him about their <br />acceptance or rejection, and that he would like to have been <br />told. Mr. Moshenko mentioned that this proposal violates <br />Section IV. 6.b.(4)g. "Off-Street parkin~--Parking facili- <br />ties shall be located on the same lot or slte or on a lot or <br />site contiguous thereto. Any property used for required <br />parking shall be under the same ownership as the uses served <br />or shall be restricted in such a manner as to prevent the <br />severance of the parking facilities and use by sale, trade, <br />lease or any other conveyance." Chairman Bricken said that <br />such dialog should be for the future public hearing. <br /> <br />. <br /> <br />Mr. Cooper suggested that Mr. Moshenko finalize his thoughts <br />and submit them to his office and that he would be glad to <br />go over them. <br /> <br />Mr. Des Rochers stated that what was discussed last year and <br />what was approved by the Agency was not Mr. Fainbarg's <br />proposal. He also stated that the proposal did not ask that <br />Mr. Fainbarg take his propery rights and it did not include <br />the parking lot. <br /> <br />11 <br /> <br />-3- <br />