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Home My WebLink Aboutcc min 2004/03/16 RDA I MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA March 16, 2004 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:15 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES - February 17, 2004; February 24, 2004; March 2, 2004 Staff recommendation: Agency/Council approve the minutes. ACTION: Chair/Mayor Padilla moved to approve staff's recommendation and offered the Consent Calendar, heading read, text waived. The motion carried 5-0, except with regard to the minutes of February 24, 2004, which carried 4-0-1, with Chair/Mayor Padilla abstaining due to his absence at the meeting. ORAL COMMUNICATIONS There were none. PUBUC HEARINGS 2. CONSIDERATION OF THE PUBUC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 293 NAPLES STREET (APN 619-121-02-00) AND 1101 THIRD AVENUE (APN 619-121-01), FOR THE DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING WITHIN THE SOUTHWEST REDEVELOPMENT AREA The Agency offered the property owner the opportunity to participate within the redevelopment project area on January 13, 2003. The property owner did not submit a statement of interest to participate within the redevelopment project area. On October 31, 2003, the Agency presented an initial offer to purchase the property. The initial offer was rejected. The Agency then prepared an update to the appraisal and presented another offer to the property owner on February 12, 2004. To-date, no counter offer has been received. As a result, staff is presenting the Agency with the Resolution of Necessity to authorize the commencement of condemnation proceedings for the necessary parcels to move forward with the redevelopment project. (Director of Community Development) --..-- PUBUC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. This hearing was conducted simultaneously with the hearing on Item 3, below. 3. CONSIDERATION OF AND PURSUANT TO, CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 33431 AND 33433, A DISPOSITION AND DEVELOPMENT AGREEMENT WITH 3RD AND NAPLES, LLC, FOR THE ACQUISITION AND DISPOSITION OF PROPERTY, AND DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AT THE SOUTHEAST CORNER OF THIRD AVENUE AND NAPLES STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The development firm of 3rd and Naples, LLC proposes to develop a 14,360 square-foot Walgreen's retail store with drive-thru pharmacy and associated parking at the southeast corner of Third Avenue and Naples Street. The developer has prepared the formal concept plans and has processed them through the City's review process. The site is within the Southwest Redevelopment Project Area, which is under the jurisdiction of the Redevelopment Agency and subject to the requirements of California Health and Safety Code Sections 33431 and 33433. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. This hearing was conducted simultaneously with the hearing on Item 2, above. Chair/Mayor Padilla opened the public hearings. Community Development Specialist De Valle presented the condemnation portion of the project. Chair/Mayor Padilla noted correspondence received from Haskins & Associates, dated March 16, 2004, representing the owners of the parcels being condemned and objecting to the proposed resolution of necessity. Chair/Mayor Padilla also noted that John Moot, applicant; and Sandra Brower, representing the developer, were present and available for questions. Principal Community Development Specialist Tapia presented the site plan and disposition and development agreement for the project. Agency/Councilmember Rindone asked whether the proposed project would be the same size as the present Walgreens located at the corner of Broadway and I Street. Staffmember De Valle responded affirmatively. With no members of the public wishing to speak, Chair/Mayor Padilla closed the public hearings. Chair/Mayor Padilla, by a consensus of the Agency/Council, re-opened the public hearings for a member of the public. Page 2 CounciVRDA Minutes 03/16/04 ~- ._-~- --------------------- ------- - ------------ - -- PUBLIC HEARINGS (Continued) Ms. Flores stated that she was in agreement with the proposed project but felt it was unjust not to offer a fair price for the properties being condemned. She said that she had contacted the City on various occasions regarding her property but has not received adequate information. She explained that she would like to settle matters without taking legal action. She has invested in her property for her retirement, and the City's offer of approximately $250,000 for her property would not even purchase a condominium in the current market. She believed that she should be paid a fair and just price for her property or, alternatively, be provided with another commercial property of equal value. She added that she has received two separate offers for her property, one for $525,000 and the other for $480,000, and she requested further Council consideration of the matter. Linda Bartz, attorney for the City on the project, explained that the purpose of the public hearing was to approve the project, rather than consider the compensation issues. The offer was made based upon a M.A.I independent appraisal. Ms. Bartz added that it was her understanding that Ms. Flores' attorney is also in the process of obtaining an appraisal, and the City welcomes further negotiations. Ms. Bartz added that compensation issues would be decided in Superior Court. At the request of Chair/Mayor Padilla, the abovementioned comments by Ms. Bartz were translated by staff into Spanish. Real Property Manager Ryals stated that he has been in contact with Mr. Haskins, attorney for Ms. Flores, to discuss the matter. He explained that Mr. Haskins has had an appraisal done that is not yet ready to present. Mr. Ryals stated that the City would be open to discussion once they receive the counter offer from Mr. Haskins. With no further members of the public wishing to speak, Mayor Padilla again closed the public hearing. ACTION: Deputy Mayor Salas offered Agency Resolution Nos. 1866 and 1867 and Council Resolution No. 2004-092, headings read, texts waived: AGENCY RESOLUTION NO. 1866, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING MITIGATED NEGATIVE DECLARATION IS-04-010 FOR THE DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA; AND DETERMINING AND DECLARING THE PUBUC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF ASSESSOR PARCEL NUMBERS 619- 121-01 AND 619-121-02, COMMONLY KNOWN AS 1101 THIRD AVENUE AND 293 NAPLES FOR THE CONSTRUCTION OF A REDEVELOPMENT PROJECT (DZ-OOl) AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTIES IN THE MANNER PROVIDED BY LAW Page 3 CounciVRDA Minutes 03/16/04 PUBLIC HEARINGS (Continued) COUNCIL RESOLUTION NO. 2004-092, AND AGENCY RESOLUTION NO. 1867, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAKING THE REQUIRED REDEVELOPMENT ACT FINDINGS AND APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH 3RD AND NAPLES, LLC, FOR THE ACQUlSmON AND DISPOSITION OF PROPERTY, AND DEVELOPMENT OF A 14,360 SQUARE FOOT WALGREEN'S RETAIL STORE WITH DRIVE THRU PHARMACY AND ASSOCIATED PARKING AT THE SOUTHEAST CORNER OF THIRD AVENUE AND NAPLES STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The motion carried 5-0. OTHER BUSINESS 4. DIRECTOR/CITY MANAGER'S REPORTS There were none. 5. CHAIR/MAYOR'S REPORTS There were none. 6. AGENCY/COUNCILMEMBER COMMENTS There were none. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(a) . City/Agency vs. IT Group, Inc. et. al. [USBC #02 10118] ADJOURNMENT At 6:50 p.m., Chair/Mayor Padilla adjourned the meeting to an adjourned regular meeting of the Redevelopment Agency on March 23, 2004, at 6:00 p.m., immediately following the City Council Meeting in the Council Chambers. ~~'í~ Susan Bigelow, CMC, City Clerk Page 4 CounciIlRDA Minutes 03/16/04 ~- . ------ -- --------- ---