Loading...
HomeMy WebLinkAboutAgenda Statement 1976/03/23 Item 18a,b,c,dCITY OF CHULA VISTA COUNCIL AGENDA STATEMENT 18a,b,c,d ITEM N0. FOR MEETING OF: 3/23/76 ITEM TITLE: Resolutions A through D Relating to the South County Regional Center at Third Avenue and "H" Street in the City of Chula Vista as set forth herein SUBMITTED BY~ City Attorney ITEM EXPLANATION 8100 (a) Resolution/- Declaring City's Intention to Enter into a Joint Powers Agreement with the County of San Diego for the Creation of a Joint Powers Authority to Develop a South County Regional Center at the Intersection of Third Avenue and H Street in the City of Chula Vista and Agreeing to Participate in the Acquisition of Certain Real Property at said Location and Appropriating the Sum of $354,851 to Contribute to said Acquisition. 8101 (b) Resolution/ - Assigning that Certain Option Agreement dated January 13, 1976, as Amended, between Harbor Management Corporation and the City of Chula Vista to the County of San Diego. 8102 (c) Resolution/- Approving First Amendment to the Agreement between the City of Chula Vista and Harbor Management Corporation for Third Avenue and H Street Properties. Resolution 8103 - (d) /Appropriating $18,980.69 for the Payment of Taxes on the Property at Third Avenue and H Street in the City of Chula Vista In accordance with the program which was mutually agreed upon at the joint meeting of the City Council and the Board of Superisors on Thursday, March 11, 1976, it is necessary that the City now take affirmative action to implement their area of Continued EXHIBITS ATTACHED Agreement x Resolution x Ordinance Plat Other Environmental Document: Attached Submitted on STAFF RECOMMENDATION: Approval of Resolutions BOARD/ COMMISSION RECOMMENDATION A p p R O V E D by the City Council of COUNCIL ACTION Chula Vista, California Dated.........~.%..~,~.:..~,...~ ........................... ~a Form A-113 (Rev. 5-75) ~~ ~-7020-5561 Form No ,• F-229 i`/~3 CERTIFICATE OF CITY/DIRECTOR OF FINANCE Certification of. Unap$~-opriated Balance I HEREBY CEP.TILY tl.at the money required for tl:e appropriation of funds for the purpose set forth iri the attached resolution is available in the Treasury, or is anticipated to came into the Treasury, and is otherwise unappropriated. Amount $ 300,000 Fund Special Capital Outlay Purpose Acquisition of Property at 3rd and H with San Diego County Eidder N/A _~ ,/, Director of Fin1nce T±~e City of Chula Vista Date March 22, 1976 By Certification of Unencumbered 3a'ance I 'riF.REBY CEKTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by •t:~.e: atuached resolution can ne incurred ~rrit'raut the vielatior. of an_~ cf the provisions of the Charter of the City cf Chula Vista, or f.?'.e Corist7.tutl.On or the ? uw~, Of the Sti-ltf3 of Uct'_~fC'_'':'iict, tl'i8: sufficient monies have been appropriated for the purpose of tiai~~ contract, that sufficient monies to moot the oblig~3tions oL the contract are actually in the Treasury, ar are anticipated to rc~~ into the Treasury to the credit of the 4upropriation from which the same are to be drd~n, and that said r.~onies nc~a actually i,~ the Treasury, together wit'r. the monies anticipated to cor.2c. into t?^~e Treasury, 'ca the credz': of said appropriation aYe cthe~w'.s~ unencumbered. Amount Not to E'XCeed $ Dirnctcr of =~irar~a ~'?-,e City of nhul~ Vi ~•La. Date BY Fend Purpose F3idder Dept./Activity Certifi.cwte: I3c,. .._..__$2. A_-..._.._... "d0 Form No: F-229 . 22/?3 CERTIFICATE OF CITY/DIRECTGR OF FINANCE Cert~ f~ cation of. iJnapp~-~priated Ealance I HEREBY CERTIFY that the money required for the appropriation of funds for the nurpcse set forth irl the attached. resolution S_s available in the Treasury, or. is articipai;ed to came into the Treasury, and. is otherwise unappro~~riated. Amount 554,851.00 rund Federal Revenue Sharing Purpose Acquisition of Property at 3rd and H with San Diego County Eidder 9-8900-5561 Hate March 23, 1976 By ~~ ~~ ,~Z ' Director of Fin-.mince The City of Chula vista Certification of Unencumher?d 3alance I 'rIEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized bj, thF: atuached resolution can ne incurred ~n~it'rout the viciat_en of ar_,~ Cf the prOVlSionS of the Charter of t',',e C1ty Gf Chula V.i.Stc , n- f.1^.e Corstituti un or the laws of the State cf Califc_nia, t>•.a sufficient monies Nave been appropriated for the purpose of :~ai~:: contract, that sufficient monies to meet the oblig3tiors of th` contract are actually in the Treasury, or are anticipateC to co~~,~ into the Treasury to the credit of the4Lpropriation from cahici: the same are to be dra'run, and that saiu r.~onies nct~~ actuaiiy in the Treasury, togetlZer wit'r. the monies anticipated to comp i:itt> the Treasury, to the credit of said appropriation are athe~w~.s~ unencur.~ered. Amount Not to Exceed $ Director of ?irarce xl"iC; City of Chuls. Vi '~;r:. Date F ~~nd Purpose Bidder By Dept./Activity N/A ~Q Q TUESDAY, APRIL 6, 1976 No. 63 RESOLUTION AND NOTICE OF INTENTIOid TO PURCHASE REAL PROPERTY - COUNTY SOUTH BAY REGIONAL SITE On motion of Supervisor Conde seconded by Supervisor Walsh the following resolution is adopted: 'nfHEREAS, the City Council of the City of Chula Vista on December 11, 1975 found that the proposed project was in conformance with the adopted General Plan of the City of Chula Vista and WHEREAS, the Environmental Review Board on July 10, 1975 submitted to the City of Chula Vista a Notification of Concurrence with Negative Declaration on the proposed acquisition of land for tl-~is project. BE IT RESOLVED AND NOTICE IS HEREBY GIVEN that it is the intention of the Board of Supervisors of the County of San Diego to purchase on behalf of said County from the following named vendor at the following designated price the follotiving described real property located in the City of Chula Vista, County of San Diego, State of California: C Portions of the subdivision of quarter section 138 of the Rancho De La Nacion made by J. S. Baird, in the City of Chula Vista in the County of San Diego, State of California according to Map thereof No. 185 filed in the Office of the County Recorder of San Diego County. Vendnr • u- r_ - :: •• • :~arw, --~anagement Corporation Price: $1,776,348 BE IT FURTHER RESOLVED that this Board finds that the proposed project will not have a substantial adverse environmental impact. NOTICE IS FURTHER GIVEPJ that said Board will meet to consummate this purchase in its Chamber Room 310, San Diego County Administration Center, 1600 Pacific Highway, San Diego, California on __Apr it 2 8, 19 76 , at 10:00 a.m. .. March 25, 1976 's'he Council feels that it has r~et the requests of the Board as to the sharing of costs of acquisition and is looY.ing forward to a continuinc* close partnership with the County through the Joint Powers P.uthority, Y?h1Ch we hope will be establishes: in the near future to carry {ort?ard the interests of both the City. and the County in the development of a South County P.egional Center. The actions of the County provide a basis for your staff to move forward expeditiously to acquire the property thus avoid- ing any subsequent accelerations in cost. In closing, I am directed by my Council to express our apprecia- tion for the efforts of your staff through the many long ronths leading to this Mutually kreneficial conclusion. The unanir-ity of views expressed by both of our political bodies bodes well for the successful developm.en.t of this project. We believe that the pa~~ent, as indicated herein, fairly fulfills the obligations of the City of Chula Vista and we are hopeful that the County through the Joint Pourers Agreement will act in a vigorous Manner to carry fors?ard this project. Sincerely, Frank A. Scott ASayor Pro Teripore FAS:GDLslgk cc: City P2anager City Council David Speer Robert Pflimlin ~~, ~d G 8E IT FURTHER resolved that the clerk cause this notice to be published as required by Section 25350, Government Code. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 6th day of April, 1976, by the following vote: AYES NOES: ABSENT: Supervisors Walsh, Conde, Bates and Taylor Supervisors None Supervisor Brown .,~..~ ~~ ,~-~, ~ ~? ' ~t r ~ ~ w ~ t ._ 7 to ~ ~. ,,,. :~ ~: C , c''~.i'~ -- ~ A-i N ~3a- -mot STATE OF CALIFORI3LA ) ss. County of San Diego ) I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said Board, at a re gu 1 ar meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the. seal of said Board of Supervisors, this 6th day of April, 1976 (SEAL) ~~•~rn r_S T^ ~ rq^~ p,;VD LECP,LITY. =n.,, ~,.~ _ _ ,~zl ..~. ~ _ t DeP~tY PORTER D. CREMANS Clerk of the Board of Supervisors ~~ ~ , By Irene Guss ~~ _ ~~-t~ ~,., ~~_~-~ .~~ Deputy 'UG ~. ~ - ~*_arch 25, 1976 The Honorable Chairman and Members of the Foard of Supervisors County of San Diego County Ac'ninistration Center 1600 Pacific Highwzy - San Diego, California 92101 Gentlemen: In order to carry out the conr~itr:.ents and understandings at the joint rieeting of our City Council and your ~3oard on Parch 11, 1976, the City Counoil, at its .,,eating o~ ~3rc~: 23, 1976 u_^_c'?r- took certain actions to facilitate the acquisition of the pro- perty at Third 1±venue and Fi StrePt, under option to the Citr, for the location of the Sout`i County Regional Center. '='he Council has declared its intention to enter into a Joint Powers Agz~er.~ent ~..*ith the ^ounty and has aPc:ropriate~. the sure of $354,851, representing one-cuarter of the cast of acquisition. This figure takes into account an acceleration of the total land cost through the month of_ ?~pril, less the surfs paid by the City for the option and tam oblig~~tions which the City will pay, which becoz<?e due on 1":pril 10. The amount which we have appropriated is beinc; loaned to our ::edevelo~r^.ent Actency ~rhich, in turn, will transrlit the tr~onies to the Counts. Yxe recognize that there krill be escrow and title fees in the future which we Y:ill also share on a one-auartor basis. The Council by resolution has assicJnec~ the option to the County and are hopeful that this will make possible an early acquisition of the property. G ~/ ~:~i ~waC6 ~&ao 8 io O TUESDAY, APRIL 6, 1976 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ACCEPTING THE ~~~ APR 13 Ah1 ~~' 27 ASSIGNMENT OF THAT CERTAIN CPTION AGREEDIEN DATED JANUARY 13, 1976 AS AMENDED MARCH 23 1976 BETWEEN HARBOR MANAGEMENT CORpORATION~~IY ~~' ~~~~-b ~~S~A AND THE CITY OF CHULA VISTA ,Q,~'Y CLER~-~S t3~Ff.C1~ On motion of Supervisor Conde seconded by Supervisor _ Walsh the following resolution is adopted: WHEREAS, the City of Chula Vista has heretofore entered into an Option Agreement with Harbor Management Corporation, a copy of which is attached hereto and incorporated herein by reference as if set forth in full, for the acquisition of certain real property at the intersection of Third Avenue and H Street for the location of the South County Regional Center; and WHEREAS, the City and the County have agreed to proceed with the acquisition of said property; and WHEREAS, the City Council of the City of Chula Vista on March 23, 1976, by Resolution No. 8101, assigned all its right, title and interest in said Option Agreement, as amended, to the County of San Diego; and WHEREAS, the County of San Diego has indicated its intention to acquire the property and it is, therefore, now appropriate for the County to accept the assignment of the Option Agreement. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of tree County of San Diego does hereby accept the assignment of the Option Agreement dated January 13, 1976 as amended March 23, 1976 between Harbor Management Corporation and the City of Chula Vista. PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of California, this 6th day of April, 1976, by the following vote: AYES: Supervisors Walsh, Conde, Bates and Taylor NOES: Supervisors None ABSENT: Supervisor Brown STATE OF CALIFORNIA ) ss. County of San Diego ) I, PORTER D. CREMANS, Clerk of the Board of Supervisors of the County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original resolution passed and adopted by said Board, at a re~u lar meeting thereof, at the time and by the vote therein stated, which original resolution is now on file in my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors, this 6th day of April, 1976 . (SEAL) PORTER D. CREMANS Clerk of the Board of Supervisors i gy Irene Gus s ~~, ~ ~ ; ~~~~ Deputy /ca Agenda Item No. 18a,b,c,d Supplemental Page Two responsibility. It is especially desirable that action be taken at the earliest possible date to maintain the momentum which we observed. The County staff is moving as rapidly as possible although they have raised one issue of some impor- tance which could delay the program, i.e., the County Planning Commission must review the acqusition and determine whether the site conforms to the General Plan. This is a requirement that is generally adhered to although it is not mandatory that there be a prior approval by the Commission since the legislative body may overrule any decision that they make. I am sure that the County can pursue the matter in very short order. The City Attorney has prepared four resolutions which should serve to keep the program in line. The first resolution sets forth a brief history of the actions taken by both the City and the County up to and including the determination reached at the March 11 meeting. It indicates that we both agree to enter into a joint powers agreement and to share the responsibility for the purchase price in the amount of 25%, which amount according to the calculations of the Director of Finance, will be $444,087, less the $75,000 option payment 1_ess $14,235 repre- senting 3/4 of the tax payments due April 10, 1976, which comes to $354,851. That amount of money is to be appropriated from the Special Capital Outlay Fund and Revenue Sharing Funds with the understanding that both of those funds will be reimbursed by a loan from the Redevelopment Agency, which in turn we would expect to repay from the bonds sold by the Joint Powers Authority. It should be noted that a rough calculation of the City's annual contribution to the Joint Powers Authority is approximately $35,000 for the thirty year term of the bonds. The second resolution is an assignment of the Option Agreement, as amended, to the County of San Diego and the third resolution approves the First Amendment to the Option Agreement extending it for a one month period and appropriates the sum of $15,000, which is due to be paid on the first of April. The fourth and final resolution appropriates the sum of $18,980.69, which will be needed to pay the taxes for which an installment is due on April 10, 1976. It is very unlikely that the County will have accepted the assignment of the option and exercised it by that time. Therefore, it is the obligation of the City, pursuant to the Option Agreement, to pay the taxes. Three-quarters of the amount of the taxes would become the obligation of the County pursuant to the understanding which was agreed upon at the March 11 meeting. Therefore, that amount has also been deducted from the contribution being appropriated in Resolution (a). FINANCIAL STATEMENT: Resolution (a) - Appropriate $300,000 from the Special Capital Outlay Fund and $54,851 from Federal Revenue Sharing Funds. Resolution (c) - Appropriate $15,000 from Federal Revenue Sharing Funds Resolution (d) - Appropriate $18,980.69 from Federal Revenue Sharing Funds CITY OF CHULA VISTA ' COUNCIL AGENDA STATEMENT ITEM N0. 18a,b,c,d FOR MEETING OF: 3/23/76 ITEM TITLE Resolutions A through D Relating to the South County Regional Center at Third Avenue and "H" Street in the City of Chula Vista as set forth herein SUBMITTED BY~ City Attorney ITEM EXPLANATION P~~° (a) Resolution Declaring City's Intention to Enter into a Joint Powers Agreement with the County of San Diego for the Creation of a Joint Powers Authority to Develop a South County Regional Center at the Intersection of Third Avenue and H Street in the City of Chula Vista and Agreeing to Participate in the , Acquisition of Certain Real Property at said Location and Appropriating the Stun of $354,851 to Contribute to said Acquisition. p!a/ {b) Resolution,/ Assigning that Certain Option Agreement dated January 13, 1976, as Amended, between Harbor Management Corporation and the City of Chula Vista to the County of San Diego. ~/~ Y (c) Resolution Approving First Amendment to the Agreement between the City of Chula Vista and Harbor Management Corporation for Third Avenue and H Street Properties. ,Q/~/03 (d Appropriating $18,980.69 for the Payment of Taxes on the Property at Third Avenue and H Street in the City of Chula Vista In accordance with the program which was mutually agreed upon at the joint meeting of the City Council and the Board of Superisors on Thursday, March 11, 1976, it is necessary that the City now take affirmative action to implement their area of Continued EXHIBITS ATTACHED Agreement x Resolution x Ordinance - Plat Other Environmental Document: Attached Submitted on STAFF RECOMMENDATION: Approval of Resolutions BOARD/ COMMISSION RECOMMENDATION A P P R O V E D COUNCIL ACTION by the City Council of Chula Vista, California ~atea..........~.~3%~G..~ ..~...~~... Q =.- Form A-113 (Rev. 5 - 75) .. ~; Agenda Item No. 18a,b,c,d Supplemental Page Two responsibility. It is especially desirable that action be taken at the earliest possible date to maintain the momentum which we observed. The County staff is moving as rapidly as possible although they have raised one issue of some impor- tance which could delay the program, i.e., the County Planning Commission must review the acqusition and determine whether the site conforms to the General Plan. This is a requirement that is generally adhered to although it is not mandatory that there be a prior approval by the Commission since the legislative body may overrule any decision that they make. I am sure that the County can pursue the matter in very short order. The City Attorney has prepared four resolutions which should serve to keep the program in line. The first resolution sets forth a brief history of the actions taken by both the City and the County up to and including the determination reached at the March 11 meeting. It indicates that we both agree to enter into a joint powers agreement and to share the responsibility for the purchase price in the amount of 25%, which amount according to the calculations of the Director of Finance, will be $444,087, less the $75,000 option payment less $14,235 repre- senting 3/4 of the tax payments due April 10, 1976,. which comes to $354,851. That amount of money is to be appropriated from the Special Capital Outlay Fund and Revenue Sharing Funds with the understanding that both of those funds will be reimbursed by a loan from the Redevelopment Agency, which in turn we would expect to repay from the bonds sold by the Joint Powers Authority. It should be noted that a rough calculation of the City's annual contribution to the Joint Powers Authority is approximately $35,000 for the thirty year term of the bonds. The second resolution is an assignment of the Option Agreement, as amended, to the County of San Diego and the third resolution approves the First Amendment to the Option Agreement extending it for a one month period and appropriates the sum of $15,000, which is due to be paid on the first of April. The fourth and final resolution appropriates the sum of $18,980.69, which will be needed to pay the taxes for which an installment is due on April 10, 1976. It is very unlikely that the County will have accepted the assignment of the option and exercised it by that time. Therefore, it is the obligation of the City, pursuant to the Option Agreement., to pay the taxes. Three-quarters of the amount of the taxes would become the obligation of the County pursuant to the understanding which was agreed upon at the March 11 meeting. Therefore, that amount has also been deducted from the contribution being appropriated in Resolution (a). FINANCIAL STATEMENT: Resolution (a) - Appropriate $300,000 from the Special Capital Outlay Fund and $54,851 from Federal Revenue Sharing Funds. Resolution (c) - Appropriate $15,000 from Federal Revenue Sharing Funds Resolution (d) - Appropriate $18,980.69 from Federal Revenue Sharing Funds ~ 3/ ~~ f Form No. F-229 CERTIFICATE CF CITY/DIRECTGR OF FINANCE Certification of. tJnapp~-~pziated Ealance I HEREBY CEP.TIEY that the money required for the appropriation of funds for the purpcse set forth in the attaci~.ec. resolution is available in the Treasury, oz is anticipated to came into the Treasury, and is othezwise unapprcpriated. Amount $ 18,980.69 ~~una Federal Revenue Shari_nc~_ Purpose Payment of Taxes at 3rd and H Street Property - _ Eidder N/A -8900-5561 Date March 22, 1976 By ,-~ " ,~ -T-=-- Dzrectcr of Fin~:nce The City of Chula Vista Certification of Unencumbered 3alance I HEREBY CERTIFY that the indebtedness and abliyation to be incurred by the contract or agreement authorized by ti~.F: atuached resolution can be incurred wit'raut t're vioiati er. of any of she provisions of the Charter of t',-ie City cf Chula Vista, o- t:i-.e uoraStltui:liJn Or file ? uivs of the jute cf CalifC_riia, tl"i<?. sufficient monies have been agpropriateG for the p~ pose of. '~.3 G.l~i contract, that sufficient monies to meet the obligations cf th.e contract are actually in the Treasury, or are anticipate? to co~~ into the Treasury to the credit of the 4Upropriation from .~~h?c'r: the same are to be drd~n, and that: saia monies ncL~~ actually in the Treasury, together with the monies anticipated to co:aL i:lt0 thfi Treasury, Lo the credit of said appropriation are Gtherw~.s~ ~~nencurrbezed. F,mount Not to Exceed Directci of Firance T1'ic'_ City of Chulc. Vi S~~F. Date F ~.:.~ld PL1rp~JS e }3idder By Dept./Activity ~c~t..7~i.1.~ tip: TV ~). 82 D G~