HomeMy WebLinkAboutrda min 1979/08/02
MINUTES OF A REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
Thursday - 7:00 p.m. August 2, 1979
A regular meeting of the Redevelopment Agency of the City of Chula Vista was held on the
above date beginning at 7:00 p.m. in the Council Chambers of the Public Services Building,
276 Fourth Avenue, Chula Vista, California with the following:
MEMBERS PRESENT Chairman Pro Tempore Gillow; Members Cox, McCandliss, Scott
MEMBERS EXCUSED Chairman Hyde
STAFF PRESENT Executive Director Cole, Special Counsel Reed, Community
Development Director Desrochers, Community Development
Coordinator Boyd, Administrative Analyst Sanseverino
ALSO PRESENT Gene Hargraves
ITEM NO. 1 - APPROVAL OF MINUTES
It was moved by Chairman Pro Tempore Gillow, seconded by Member Cox and unanimously carried
by those present to approve the minutes of July 5 and 10, 1979 as mailed. (Members Cox
and McCandliss abstained; minutes of June 28 were not approved due to Members Cox's and
McCandliss' absence from that meeting.)
ITEM NO.2 - RESOLUTION NO. 192 - ADOPTING REDEVELOPMENT AGENCY BUDGET FOR
FISCAL YEAR 1979-80
According to State law, the Redevelopment Agency must formally approve its administrative
budget each year. By previous action on June 28, 1979, the City Council adopted the
1979-1980 budget durin9 budget sessions (Resolution No. 9664). It is also important to
note staff will be negotiating an agreement with Carroll Pendleton & Associates regarding
procedures relative to the merger of Bayfront and Town Centre redevelopment projects. This
agreement should be available for Agency consideration at the September meeting.
Community Development Director Desrochers explained that the $80,000 appropriated for the
focus area is broken down to provide funds for title, acquisition costs, legal counsel
(litigation) and fees associated with relocation and acquisition services.
RESOLUTION OFFERED
Offered by Member Cox, the reading of the text was waived by unanimous consent of those
present, passed and adopted by the following vote, to wit:
AYES: Members Cox, Gillow, McCandliss, Scott
Noes: None
Absent: Chairman Hyde
ITEM NO. 3 - RESOLUTION NO. 193 - ENTERING INTO AN OWNER PARTICIPATION
AGREEMENT WITH PACIFIC TELEPHONE COMPANY
Plans for remodeling of the existing communication center at 420 Third Avenue have been
submitted by the Pacific Telephone Company. The Design Review Board recommended approval
of the project at their July 18, 1979 meeting. The director indicated the rendering was
available for members' review.
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Redevelopment Agency Meeting August 2, 1979
RESOLUTION OFFERED
Offered by Member Scott, the reading of the text was waived by unanimous consent of those
present, passed and adopted by the following vote, to wit:
AYES: Members Scott, Cox, Gillow, McCandliss
Noes: None
Absent: Chai rman Hyde
ITEM NO. 4 - REPORT: STATUS OF FOCUS AREA
With regard to the condominium project, the partnership is attempting to secure a construc-
tion loan on two fronts: conventional loan and SB99-type loan in conjunction with a bond
sale. Meanwhile, the House of Representatives will announce transition rules for entities
to be "grandfathered" into proposed legislation from HR3712.
The City Council accepted the tentative map for condominium construction two months ago
provided all conditions would be met in 60 days. Due to the lack of a recorded construc-
tion loan, the conditions have not been met and the tentative map must be resubmitted.
A savings and loan association has completed an appraisal for the commercial construction
relative to Chula Vista's UDAG application. If the financial institution is able to re-
spond in the desired manner, staff will attend a meeting in San Francisco on August 13 in
thi s rega rd.
Community Development Director Desrochers stated the developer has secured financing for
condominium construction. Special Counsel Reed remarked that as of mid-afternoon, all
involved were convinced the City can proceed with a mort9age revenue bond issue and
requested the Chairman adjourn tonight's meeting to Tuesday, August 7.
MOTION TO ACCEPT REPORT
It was moved by Chairman Pro Tempore Gillow, seconded by Member Cox and unanimously carried
by those present to accept the report.
ITEM NO. 5 - REPORT: PARKING STUDY STATUS
At the last Project Area Committee meeting, members voted for a formula that would assess
25% of the total cost for new or expanded buildings. (This includes the 1,000 sq. ft.
exemption previously voted upon.) The parking study, upon further review by the Town
Centre Business and Professional Association and the Parking Place Commission, will be
resubmitted to the Redevelopment Agency in September.
~10TION TO ACCEPT REPORT
It was moved by Member Scott, seconded by Member Cox and unanimously carried by those
present to accept the report.
ITEM NO. 6 - REPORT: RELOCATION
Agency members were provided with the Chamber of Commerce's report on relocation policies
as well as staff's analysis of the report.
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Redevelopment Agency Meeting August 2, 1979
In a related matter, Harvey's Bakery has not totally complied with the recommendations of
the Relocation Appeals Board. As soon as the data is available, another appeals board
meeting will be called.
Mr. Desrochers commented the Chamber of Commerce did an excellent job in preparing their
relocation report. He suggested the Agency terminate its present relocation services
arrangements and seek new proposals. Also, the director expressed concern with the period
of time that has passed since Mr. Houtkamp had been requested by the Relocation Appeals
Board to comply with certain speèifications.
In addition, Mr. Desrochers stated property between Third and C streets will go into
escrow soon. The property is being purchased by Peter's Home & Garden Supply, is zoned
commercial/office; therefore, the business will have to apply for a conditional use permit.
Mr. Desrochers informed the Agency that there may be problems with relocating additional
businesses since there are no more funds available. Stone & Youngberg recommends bonds be
sold by November,this will not only alleviate this problem, but allow acquisition of the
remaining focus area properties.
MOTION TO ACCEPT REPORT
It was moved by Member Cox, seconded by Chairman Pro Tempore Gillow and unanimously carried
by those present to accept staff recommendations, thank the Chamber of Commerce and follow
through with the remaining recommendations.
ITEM NO. 7 - a. RESOLUTION NO. 194 - APPROPRIATING FUNDS FOR CONSULTANT SERVICES
RELATIVE TO COASTAL COMMISSION REVIEW OF LCP
b. REPORT: LOCAL COASTAL PROGRAM UPDATE
On July 17, the City Council concurred with the recommendation to procure the services
of consultants for the preparation of an extensive legal brief relative to our LCP. At
that time, funds of up to $5,000 were requested for appropriation. Since these are Agency
funds, the Redevelopment Agency must now take proper action.
The State Coastal Commission will consider Chula Vista's LCP on August 15 in San Diego.
Community Development Coordinator Boyd reiterated that Chula Vista's LCP will be heard
by the State Coastal Commission at 9:00 a.m. on Wednesday, August 15. On Monday, August
13, a tour of the Bayfront will commence at 1:30 p.m. with a reception following at the
U.S. Grant Hotel at 6:00 p.m. Agency members were encouraged to attend all functions to
show their support of the plan.
RESOLUTION OFFERED
Offered by Member Scott, the reading of the text was waived by unanimous consent of those
present, passed and adopted by the following vote, to wit:
AYES: Members Scott, Cox, Gillow, McCandliss
Noes: None
Absent: Chai rman Hyde
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Redevelopment Agency Meeting August 2, 1979
ITEM NO. 8 - PUBLIC HEARING - DISPOSITION AND DEVELOPMENT AGREEMENT WITH
ORANGE DEVELOPMENT AND INVESTMENT COMPANY
a. RESOLUTION NO. 195 - AUTHORIZING CHAIRMAN TO EXECUTE
DISPOSITION AND DEVELOPMENT AGREEMENT
WITH ORANGE DEVELOPMENT AND INVESTMENT COMPANY
An Exclusive Negotiation A9reement was entered into between the Redevelopment Agency and
Orange Development & Investment Company on May 15, 1978. The agreement pertained to the
development of 5.157 acres in the area of Bay Boulevard, "E" Street and 'IF" Street. The
subject Disposition and Development Agreement attempts to respond to the criteria
established in the Exclusive Negotiation Agreement regarding: construction of a 100-unit
motel and three restaurants; sale of property for less than appraised value; curb, gutter,
streetlighting and landscaping provided by developer; first right of refusal; and,
Planning Commission review.
PUBLIC HEARING OPENED/CLOSED
This being the time and place as advertised, the public hearing was declared opened.
There being no public testimony, the public hearing was declared closed.
Community Development Director Desrochers acknowledged the presence of the developer,
Mr. Gene Hargraves.
Regarding the Disposition and Development Agreement, on page 27, Section 54, paragraph 2,
sentence 2, Mr. Des rochers stated the correct word shoul d be "ri ght" instead of "courtesy."
He explained this mistake was pointed out by Mr. Hargraves and special counsel concurs
with the correction.
Member Scott expressed concern that this oversight was not caught sooner and that legal
counsel did not have complete involvement with the agreement.
Special Counsel Reed explained that he was involved in day-to-day, intimate contact with
staff as well as the developer in negotiation of the contract. He noted that the previous
Disposition and Development Agreement prepared for the Zogob development, and adopted by
the Agency, was the product of a two to three month effort on his part.
Executive Director Cole discussed the procedure City departments followed in putting
together various agreements.
In this regard, Member Scott pointed out that the Disposition and Development Agreement
in question is of much greater importance than day-to-day engineering contracts.
Mr. Desrochers discussed exhibits I through IV as follows:
1) Exhibit I, Parcel E, should be labeled "Kaul" since this parcel is
mentioned in the body of the agreement.
2) The agency acquired parcel (Wynn Williams) will be at least partially
landscaped.
3) Exhibit II - Master Layout
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Redevelopment Agency Meeting August 2, 1979
4) Exhibit III - Schedule of Performance. Staff is attempting to be realistic
by giving ranges of dates for completion of certain events.
5) Exhibit IV - Method of Financing. Agency may act on the item at a later
date when the financing is revealed. (The director requested Mr. Hargraves
explain this exhibit to members.)
Mr. Desrochers remarked he is very well assured the City will have a development of
well-upgraded restaurants than what was originally anticipated.
In response to Chairman Pro Tempore Gillow's questions, Mr. Desrochers commented staff
does not foresee problems with Coastal Commission approval. The project will go before
the State Coastal Commission only if substantial issues are involved.
Mr. Gene Hargraves, Orange Development & Investment Company, addressed the Agency at this
time. He indicated the item Member Scott alluded to regarding "right of first refusal"
is a very important one to his firm, and he expressed his firm's wish that the Agency and
staff recognize their interest in the Bayfront Redevelopment project. With regard to
financing, Mr. Hargraves explained the difficulty they have had in arranging permanent
long-term financing. As soon as the lease agreements are finalized, the firm will be
able to put long-term financing in place.
The developer described the type of restaurants to be constructed in the redevelopment
area.
Discussion ensued regarding right of first refusal. Special Counsel Reed defined the
right as an expression of good faith.
Community Development Director Desrochers recommended that Exhibit IV be submitted to the
Agency at the same time the developer is obligated to reveal his partners (in September).
In response to Member Scott's question that the resolution be passed contingent upon
approval of Exhibit IV, Special Counsel Reed indicated this could be done but he pointed
out Exhibit IV is almost entirely informational and most of the financing will be done
by the private sector.
RESOLUTION OFFERED
Offered by Member Cox, the reading of the text (as amended) was waived by unanimous consent
of those present, passed and adopted by the following vote, to wit:
AYES: Members Cox, Gillow, McCandliss, Scott
Noes: None
Absent: Cha i rman Hyde
MOTION TO CHANGE WORDING
It was moved by Member Scott, seconded by Member Cox and unanimously carried by those
present that the word "right" be inserted for "courtesy" on page 27, Section 54, paragraph
2 of the Disposition and Develoþment Agreement.
MOTION FOR DEVELOPER TO SUBMIT METHOD OF FINANCING
It was moved by Member Cox, seconded by Member Gillow and unanimously carried by those
present that included with the Schedule of Performance on the August 17 date, the developer
also present the method of financing at the same time his partners are revealed.
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Redevelopment Agency Meeting August 2, 1979
ITEM NO. 9 - REPORT: STREET & SONS, ATCHISON TOPEKA & SANTA FE/BAY BOULEVARD LAND
Financing for construction and permanent mortgage has been secured by Mr. Street for his
Bay Boulevard/"E" Street complex. November 15 has been targeted for a construction
starting date.
At staff's urging, Santa Fe Land Improvement Company is interested in disposing of its
17 acres of undeveloped 1 and near "J" Street and Bay Bl vd. A base pri ce of $2,700,000 is
being offered as a result of an appraisal on the land.
MOTION TO ACCEPT REPORT
It was moved by Chairman Pro Tempore Gillow and seconded by Member McCandliss to accept
the report.
The motion passed 3-1 with Member Scott voting "no".
ITEM NO. 10 - RESOLUTION - ENTERING INTO AN OWNER PARTICIPATION AGREEMENT
WITH HARDING C. CAMPBELL AT 350 BAY BOULEVARD
The owner of property at 350 Bay Boulevard has submitted plans to construct a steel ware-
house building. Mr. Harding Campbell's proposal (consistent with the Bayfront Redevelop-
ment Plan land use underlying zone, and Chula Vista's General Plan) will include improve-
ments such as landscaping and other public improvements.
Member Scott opposed the proposal stating he would be in opposition to entering into
an agreement if another steel building was constructed in that area.
MOTION TO CONTINUE ITEM TO SEPTEMBER
It was moved by Member Cox, seconded by Chairman Pro Tempore Gillow and unanimously
carried by those present to continue the item to the September meeting.
Member Cox noted that building plans were not available as indicated in staff's report.
Member Scott suggested that the Council swing by the subject area on their next tour.
ITEM NO. 11 - REPORT: STATUS OF PROJECT II
Improvement plans for the existing shopping center have been obtained from the principles
involved. The Design Review Board will review the plans later this month with an Owner
Participation Agreement expected for Agency review in September.
MOTION TO ACCEPT REPORT
It was moved by Member Scott, seconded by Member Cox and unanimously carried by those
present to accept the report.
ITEM NO.12 - RESOLUTION NO. 196 - EXPRESSING THE AGENCY'S APPRECIATION
TO ASSEMBLYMAN WADlE P. DEDDEH
Because of Assemblyman Deddeh's staunch support and assistance in the passage of AB405,
the Agency is asked to convey its appreciation by way of adoption of the subject
reso I uti on.
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Redevelopment Agency Meeting August 2, 1979
It was noted that an error had been made in the body of the resolution. Assemblyman
Deddeh represents the 80th Assembly District.
RESOLUTION OFFERED
Offered by Member Cox, the reading of the text (as amended) was waived by unanimous consent
of those present, passed and adopted by the following vote, to wit:
AYES: Member Cox, Gillow, McCandliss, Scott
Noes: None
Absent: Chai rman Hyde
MEMBERS' COMMENTS
Chairman Pro Tempore Gillow welcomed Member McCandliss to her first Redevelopment Agency
meeti ng.
Executive Director Cole mentioned that the Civic Center Annex building will be demolished
beginning Monday, August 6.
ADJOURNMENT
The meeting was adjourned at 8:07 p.m. to the Agency meeting of Tuesday, August 7
following the regularly scheduled City Council meeting. ----.,
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Paul G.
8/2/79