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Home My WebLink AboutRDA Packet 2003/12/16 CI1Y OF CHULA VISTA TUESDAY, DECEMBER 16, 2003 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency Members Davis, McCann, Rindone, Salas; Chair Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency er the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - October 7, 2003, November 18, 2003 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF RELOCATING AN EXISTING SDG&E VAULT NECESSARY TO COMPLETE THE RIGHT-OF-WAY IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE NEW POLICE FACILITY PROJECT (CIP PS149) - The vault located in City right-of-way on the west side of Fourth Avenue immediately north of Memorial Way falls in the middle of the new sidewalk associated with the construction of the new Policy Facility. In order to relocate the vault to the back of the walk, it is necessary to grant SDG&E an easement. ]Engineering Director; General Services Director] STAFF RECOMMENDATION: Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is no~t an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARING The following item(s) have been advertised andlor posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 3. CONSIDERATION OF PROPOSAL TO AMEND THE PREVIOUSLY APPROVED SUP #TC1-02-02 FOR THE DEVELOPMENT OF A RESTAURANT AND GAME CENTER TO DELETE AN UNDERGROUND PARKING GARAGE, INCREASE BUILDING SQUARE FOOTAGE, AND INCREASE SEATING CAPACITY - On November 7, 2003, Agency staff received an application from Anthony Raso to amend the previously approved SUP by deleting the underground parking garage, increasing the restaurant seating capacity, and increasing the building's gross square footage. The amended project proposes a maximum building occupancy of 125 (La Bella Cafe - 98 seat capacity) that will function both independently from the adjoining la Bella's Pizzeria and as an annex for over-flow, therefore requiring payment for 50 parking spaces provided off-site via the City's In-Lieu Parking program (pursuant to CVMC 19.62.040). The operation will share kitchen and storage facilities. In addition, the project will provide family gaming, including pool tables, shuffleboard, and a video game arcade. [Community Development Director] STAFF RECOMMENDATION: Agency adopt resolution 3.a. and 3.b. a. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE DEVELOPMENT OF AN 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BEllA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA b. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATE OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BEllA CAFE AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA 4. DIRECTOR/CITY MANAGER'S REPORTlS) 5. CHAIR/MAYOR REPORTlS) 6. AGENCY/COUNCil COMMENTS ADJOURNMENT The meeting will adjourn to an regular meeting of the Redevelopment Agency on January 6, 2004, at 4:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691~5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, December 16, 2003 Page 2 .......,. .. MINUTES OF AN ADJOURNED REGULAR MEETiNG OF THE CITY COUNCIL, A REGULAR MEETiNG OF THE REDEVELOPMENT AGENCY AND A SPECIAL MEETiNG OF THE HOUSiNG AUTHORITY OF THE CITY OF CHULA VISTA October 7, 2003 4:00 p.m. An Adjourned Regular Meeting of the City Council, a Regular Meeting of the Redevelopment Agency ,and a Special Meeting of the Housing Authority of the City of Chula Vista were called to order at 6:03 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Authority/Councilmembers: Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla ABSENT: Agency/Authority/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Moore, and Assistant City Clerk Norris CONSENT CALENDAR 1. WRITTEN COMMUNICATIONS A. Memorandum requesting that Agency Member McCann's absence from the September 30, 2003 meeting be excused. Staff recommendation: Agency excuse the absence. 2. COUNCIL RESOLUTION NO. 2003-431 AND REDEVELOPMENT AGENCY RESOLUTION NO. 1844, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROViNG THE 2003 HOLIDAY LIGHTiNG PROGRAM; AUTHORIZiNG WAIViNG THE FORMAL BIDDING PROCESS AND AWARDiNG A SOLE SOURCE PURCHASE AGREEMENT TO DEKRA-LITE; APPROPRIATiNG FROM THE AVAILABLE BALANCE OF THE RCT FUND ($54,000) AND TCI FUND ($17,400); AND DIRECTiNG STAFF TO IMPLEMENT THE 2003 HOLIDAY LIGHTiNG PROGRAM The holiday lighting program is a continued effort undertaken by the City to celebrate the holiday season. Since the program's inception in 1999, Dekra-Lite has decorated the downtown area with a variety of colorful holiday lights, displays, and thematic banners, including the lighting of three freeway overpasses. The 2003 holiday lighting program officially commences following the conclusion of the downtown Starlight Yule Parade, which usually takes place on the first Saturday of December. Part of the program involves installing tree lights in the downtown area in mid-October and keeping them up until April to correspond to daylight savings time. (Continued from the meeting of 9/30/03) (Community Development Director). Staff recommendation: Council/Agency adopt the resolution. CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. Item 1 was approved 4-0-1, with Agency/Authority/Councilmember McCann abstaining; and Item 2 was approved 4-0-1, with Agency/Authority/Councilmember Salas abstaining due to the proximity of her residence to the program location. ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. CONSIDERATION OF THE ISSUANCE OF $11,686,000 1N TAX EXEMPT BONDS FOR THE FINANCING OF THE RANCHO VISTA APARTMENTS This item requests that the Housing Authority approve a bond resolution authorizing the issuance of $11,686,000 in tax-exempt bonds for the financing of the Rancho Vista Apartments project and the execution of related documents in substantially the form on file with the City Clerk. In addition, as a condition of the Agency's/City's financial assistance, the developer is to enter into a loan and regulatory agreement with the Agency and the City specifying the terms of the financial assistance and use of the Rancho Vista Apartments project as an affordable housing development for low and moderate-income households for a period of 55 years. (Community Development Director) ACTION: Agency/Councilmember Davis offered Housing Authority Resolution No. HA-24, Council Resolutions Nos. 2003-432 and 2003-433, and Agency Resolutions Nos. 1845 and 1846, headings read, texts waived. A. HOUSING AUTHORITY NO. HA-24, RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS, SERIES 2003 A AND SUBORDINATE MULTI-FAMILY HOUSING REVENUE BONDS SERIES 2003 B, IN A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $11,686,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF THE RANCHO VISTA MULTI- FAMILY RENTAL HOUSING PROJECT, APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY AND ALL DOCUMENTS NECESSARY TO ISSUE THE BONDS AND iMPLEMENT THIS RESOLUTION B. COUNCIL RESOLUTION NO. 2003-432, AND AGENCY RESOLUTION NO. 1845, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A LOAN AGREEMENT AND RELATED RESTRICTiVE COVENANTS AND APPROPRIATING $1,000,000 FROM THE AVAILABLE BALANCE IN THE AGENCY'S LOW AND MODERATE INCOME HOUSING FUND AND $500,000 FROM THE CITY'S HOME FUNDS FOR FINANCIAL ASSISTANCE TO CIC EASTLAKE, L.P. FOR THE DEVELOPMENT AND OPERATION OF RANCHO VISTA Page 2 Council/RDAYHA Minutes /-- ~ 10/07/03 ACTION ITEMS (Continued) C. COUNCIL RESOLUTION NO. 2003-433 AND AGENCY RESOLUTION NO. 1846, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROViNG THE AFFORDABLE HOUSiNG AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF CHULA VISTA, AND CIC EASTLAKE, L.P. AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT The motion carried 5-0. OTHER BUSINESS 4. DIRECTOR'S REPORTS There were none. 5. CHAIR/MAYOR REPORTS There were none. 6. AGENCY/COUNCIL COMMENTS There were none. ADJOURNMENT At 6:08 p.m., Chair/Mayor Padilla adjourned the meeting to an adjourned regular meeting of the Redevelopment Agency on October 14, 2003, at 6:00 p.m., immediately following the City Council meeting. Donna Norris, Assistant City Clerk Page 3 CounciVRDA/HA Minutes /-- ,,5 10/07/03 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 18, 2003 6:00 p.m. An Adjourned Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 6:33 p.m. in the Cotmcil Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agencymembers: Davis, McCann, Rindone, Salas, Chair/Mayor Padilla ABSENT: Agencymembers: None ALSO PRESENT: Executive Director Rowlands, Agency Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. AGENCY RESOLUTION NO. 1849, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE FIFTH AMENDMENT TO THE GATEWAY CHULA VISTA PROJECT DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY TO ENTER iNTO A THREE YEAR LEASE FOR 17,500 SQUARE FEET OF OFFICE SPACE The City and Redevelopment Agency approved the original disposition and development agreement for the Gateway Chula Vista project on June 6, 2000, and several subsequent amendments for the development of a 350,000 square-foot, Class A, office and retail project at the northwest comer of Third Avenue and "H" Street, located in the Town Centre 1 Redevelopment Project Area. The additional leased space secured by this fifth amendment will allow the construction loan to close for Phase II of the project with existing favorable terms. (Community Development Director) Staff recommendation: Agency adopt the resolution. ACTION: Chair Padilla moved to approve staff's recommendation and offered the Consent Calendar, heading read, text waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. ,'-,4 PUBLIC HEARING The following item was removed from the agenda indefinitely, and no action was taken: 2. CONSIDERATION OF A SPECIAL USE PERMIT, SUP-04-01 FOR A RETAIL, OFFICE, AND RESIDENTIAL MIXED USE PROJECT AT 224 THIRD AVENUE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Condominium Pushers Incorporated proposal to develop a four-story mixed-use project, referred to as The Courtyard, at 224 Third Avenue within the "heart" of the downtown core. The proposed 20,000 square foot building consists of two retail suites on the first floor, four office suites on the second floor, four residential condominium units on the third and fourth floors, and an underground parking garage. (Community Development Director) Staff recommendation: Agency adopt the following resolutions: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SPECIAL USE PERMIT, SUP-04-01 WITH CONDOMINIUM PUSHERS INCORPORATED FOR THE DEVELOPMENT OF A RETAIL, OFFICE, AND RESIDENTIAL MIXED USE PROJECT AT 224 THIRD AVENUE RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROViNG AN OWNER PARTICIPATION AGREEMENT WITH CONDOMiNIUM PUSHERS INCORPORATED FOR THE DEVELOPMENT OF A RETAIL, OFFICE, AND RESIDENTIAL MIXED USE PROJECT AT 224 THIRD AVENUE OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR'S REPORTS Chair Padilla congratulated the City's firefighters and trainees who participated in a recent fund raising event at Bucca di Beppo Restaurant in downtown San Diego. A large percentage of the event's proceeds were dedicated to the victims of the 2003 Fire storm. 5. AGENCY MEMBER COMMENTS There were none. ADJOURNMENT At 6:36 p.m., Chair Padilla adjourned the meeting to an Adjourned Meeting of the Redevelopment Agency on November 25, 2003, at 6:00 p.m., immediately following the City Council meeting. ~~t ~.. -~-~ ~ ,~.__~__,cz ~ Susan Bigelow, CMC, City Clerk Page 2 Redevelopment Agency Minutes / -'~ .~"' 11/18/03 PAGE 1, ITEM NO.: ~ MEETING DATE: 12/16/03 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF RELOCATING AN EXISTING SDG&E VAULT NECESSARY TO COMPLETE THE RIGHT-OF- WAY IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE NEW POLICE FACILITY PROJECT (CIP PS149). SUBMITTED ENGINEERING DIRECTOR~ BY: GENERAL SERVICES DIRE,C-fOR EXECUTIVE DIRECTOR REVIEWED BY: 4/5THS VOTE: YES ~ NO ~ BACKGROUND The City Council previously approved a right-of-way plan and budget for the right-of-way improvements on Fourth Avenue and F Street associated with the construction of the new Police Facility. Gas and underground electric services are necessary to complete the improvements. RECOMMENDATION That Redevelopment Agency of the City of Chula Vista adopt a Resolution authorizing the granting of an easement to San Diego Gas and Electric Company (SDG&E) for the purpose of providing gas and underground electric services necessary to complete the right-of-way improvements associated with the construction of the New Police Facility project (ClP PS149). BOARDS/COMMISSIONS RECOMMENDATION Not Applicable PAGE 2, ITEM NO.: ~ MEETING DATE: ! 2 / ! 6/03 DISCUSSION As a result of the above referenced construction project if has become necessary to relocate an existing SDG&E above-ground vault. This vault is currently located in City right-of-way on the West side of Fourth Avenue immediately North of Memorial Way. This location falls in the middle of the new sidewalk. In order to relocate this vault to the back of walk (into a planned planter) it will be necessary to grant SDG& an easement. The Redevelopment Agency owned property over which this easement Js being granted consists of nine square feet located in an area adjacent to a proposed planter per the plan. SDG&E's use Js typical for construction projects for the purpose of providing such services. FISCAL IMPACT Approval of this Resolution will have no adverse budgetary impact os the cost for relocation and maintenance of service has already been provided for as part of the right-of-way improvements associated with the construction of the New Police Facility project budget. ATTACHMENTS Easement SDG&E Letter and sketch J:\General Services\GS Adminidrotion\Council Agenda\Police Facility\SDGE Easement.doc Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP11D SPACE ABOVE FOR RECORDER'S USE Project No.: 342159-050 Const. No.: 2791331 Transfer Tax None A.P.N.: 568-110-33 SAN DIEGO GAS & ELECTRIC COMPANY Exhibit "A" Attached EASEMENT REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, hereinafter called "Grantor", grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, "Grantee", an easement and right of way to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting off (1) Underground electric facilities, and appurtenances for the transmission and distribution of electricity, (2) Underground communication facilities, and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes across Grantor's land situated in the County of San Diego, State of California described as follows: That portion of Lot 14 of the Northeast Quarter of Quarter Section 149 of Rancho de la Nacion, according to Map thereof No. 505, filed in the Office of the County Recorder of said County of San Diego and more particularly described in a Deed recorded December 21, 1993 at Document No. 1993-0863072 of Official Records of said County of San Diego. The easement in the aforesaid land shall be more particularly described as follows: That certain strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed, the approximate location being shown and delineated as "Utility Facilities" on the Exhibit "A", attached hereto and made a part hereof. In order to provide adequate working space for Grantee, Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed any building or other structure, park any vehicle, deposit any materials, plant any trees and/or shrubs within eight (8) feet of the front of the door or hinged opening of any above ground facility installed within this easement. Grantor will exemise only such reserved rights in said land as will not interfere with or prohibit the free and complete use and enjoyment by Grantee, its successor or assigns, of the rights hereby granted. Grantee shall have the right to assign any or all rights granted in this easement in whole or in part to other companies providing utility or communication services. Grantee shall have the right to top, cut, remove, or trim interfering plants and trees, and to keep said easement free from and to prevent any person, including Grantor and successors and assigns, from erecting, placing, or storing on said easement any flammable or other hazards and any structures, objects, or earth fills/cuts or other obstructions. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. Dated REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By: Name: Title: Prepared by: Reddick Checked by: Date: 9/26/2003 (rev. 12/2/2003) STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On , before me (name, title of officer), appeared o personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 2 l. DAVI OSDN ST, OLD RE[3EV~I P~Pi"AENT A&ENE_¥ PDLIEE ~3F TN-E E..~T"Y ¢'"F E~ULA VIS'FA -S-FA%ION DOE_., ND. ~qS-D~50-]A '¢>1 \~ '-" / "- - ~ CONST, NO.: 2791331 UG-ELECTRIC PROJECT NO,: 342159-050 THOS. BROS.: PROJECT NAM~ & LOCATION D~ BY: BREDDICK OK TO INSTALL: DRAWING NO: DATE: 09/26/03 R/W OK: 276 4TM AVENU~ SC~E: NONE JOB TYPE:[3G-E COORDINATES -- C~{ULA VISTA- REFERENCES: EXHIBIT"A" San Diego Gas & Electric Project Management Of 6ce $315 Century Park Court, CP22A ^ ~Sernpra Energ¥%ompanv San Diego, CA 92123-1550 FILE NO. PLA 580 P ROJ# 342159 050 September 24, 2003 Mr. Don Brown 1800 Maxwell Rd. Chula Vista, CA 91911 Dear Mr. Brown: Subject: Chula Vista Civic Center- Phase 1 SDG&E will relocate the facilities for the estirnatedcost of $11,843.00. These charges are for relocating the gas and underground electac facilities located at 276 4~h Avenue, Chula Vista as described on the attached sketch. The charges include the CIAC tax. This offer is contingent upon: o Acceptance of the offer within 60 days of the date of this letter, as evidenced by receipt of payment 1o our Project Management Office. (You may use the enclosed envelope) ,, Being able to complete our work within 120 days from the date of acceptance of the offer. Delay of work caused by telephone or cable TV companies may be reviewed by SDG&E for additional customer billing. · Receiplof final improvement plans. The cost quoted above is a Net Contract Price, not subject to additional billing or refund. If you cancel your request, we will retain a portion of the original payment which represents SDG&E's expense of processing your request. The remaining amount, if any, will be refunded to you. " The above cost does not include any work by the telephone company or cable T.V. company. Please call them for any charges they may have to relocate their facilities. Whenever differences between lhe preliminary and final street improvement plans or actual construction and final plans require a revision of the work order or additional relocation work, the applicant agrees to pay all engineering fees and associated construction costs incurred by SDG&E due to such differences. Such differences may also require rescheduling of SDG&E design and construction work provided for in this agreement Project# 342159-050" 2 September 24, 2003 Before excavating in the vicinity ct~ gas or underground electric facilities, please call Underground Service Aled System (USA) at 1-800-227-2600. Within 48 hours, we can indicate the location of SDG&E facilities on the job site. Your costs, as cited herein, are subject to change at any time. All cost calculations are based upon SDG&E's filed tariffs, SDG&E's internal costs, and all applicable governmental or regulatory statutes, regulations, codes and rules. Should any change in, or addition to, those tariffs, costs, statutes, regulations, codes or rules in any way impact these cost calculations, you will be subject to any resulting increase or decrease. It is the project applicant or landowner's responsibility to assure compliance with federal, state and local storm water regulations for construction soil disturbance activities. This includes the trenching and excavation required in conjunotion with the installation of new gas and electric underground utilities. The costs quoted in this letter include a cost component to cover the Utility's estimated liability for State and Federal Income Tax. If I may be of fudher assistance or if you have any questions, please call me at the number listed below. Our hours are 7:00 AM - 4:00 PM, Monday through Friday. Sincerely, Julia M. Mendoza Customer Project Planner Telephone: (858) 636-5723 Enclosures .cc Rick Ryals Dan Gallivan ¸T T AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF RELOCATING AN EXISTING SDG&E VAULT NECESSARY TO CQMPLETE THE RIGHT-OF-WAY IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF THE NEW POLICE FACILITY PROJECT (CIP PS149). WHEREAS, the City Council previously approved a right-of-way plan and budget for the right-of-way improvements on Fourth Avenue and F Street; and WHEREAS, granting an easement to San Diego and Electric Company (SDG&E) for the purpose of relocating an existing SDG&E vault is necessary to complete the right-of-way improvements associated with the construction of the New Police Facility project (CIP PS 149); and WHEREAS, the Redevelopment Agency owns property over which this easement is being granted consisting of nine square feet located in an area adjacent to a proposed planter; and WHEREAS, SDG&E's use is typical for construction projects for the purpose of providing such service; and WHEREAS, cost for relocation and maintenance of service has been provided for as part of the right-of-way improvements associated with the construction of the New Police Facility project budget. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby grant an easement to San Diego Gas and Electric Company (SDG&E) for the purpose of relocating an existing SDG&E vault necessary to complete the right-of-way improvements associated with the construction of the New Police Facility project (CIP PS149). Presented by Approved as to form by Jack Griffin Director of General Services REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: MEETING DATE: 12/16/03 ITEM TITLE: CONSIDERATION OF PROPOSAL TO AMEND THE PREVIOUSLY APPROVED SUP #TC1-02-02 FOR THE DEVELOPMENT OF A RESTAURANT AND GAME CENTER TO DELETE AN UNDERGROUND PARKING GARAGE, INCREASE BUILDING SQUARE FOOTAGE, AND INCREASE SEATING CAPACITY a) RESOLUTION APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAF~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA b) RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE DEVELOPMENT OF AN 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFI*~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~-~-'~ REVIEWED BY: EXECUTIVE DIRECTOR (_~l~ ~ 4/5THS VOTE: YES BACKGROUND On June 4, 2002 the Redevelopment Agency approved an Owner Participation Agreement and a Special Use Permit (SUP) to develop the subject property with an approximately 8,700 square foot restaurant and game center with 15 parking spaces to be provided on-site in an underground parking garage and payment for another 35 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040. On November 7, 2003 Agency staff received an application from Anthony Raso to amend the previously approved SUP by deleting the underground parking garage, increasing the restaurant seating capacity, and increasing the building's gross square footage. The amended project proposes a maximum building occupancy of 125 (La Bella Caf~ - 98 seat capacity) that will function both independently from the adjoining La Bella's Pizzeria and as an annex for over-flow. Pursuant to CVMC 19.62.040 a required payment for 50 parking spaces will be provided off-site via the City's In-Lieu Parking program. The operation will share the kitchen and storage facilities. PAGE 2, ITEM NO.: ~-~ MEETING DATE: 12/16/03 In addition, the project will provide family gaming, including pool tables, shuffleboard, and a video game arcade. The Redevelopment Agency must consider approving the application to amend SUP TC1-02-02, which staff is presenting to the Agency tonight for consideration and approval. Since the proiect is located within the Town Centre I Redevelopment Project Area, the applicant will be required to enter into an amended and restated Owner Participation Agreement, which includes design plans. The amended and restated Owner Participation Agreement is also being presented to the Agency tonight for consideration and approval. The proposed project is consistent with the Town Centre I Redevelopment Plan and Implementation Plan, Land Use Policy, and applicable standards for the Town Centre area. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a statutory exemption pursuant to Section 15303 (c} of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Staff recommends approval of the amended and restated Owner Participation Agreement and amended Special Use Permit for the development of an approximately 8,884 sq. ft. restaurant and game center (La Bella Caf~ and California Game Center) at 289 G Street in the Town Centre I Redevelopment Project Area. BOARDS/COMMISSIONS RECOMMENDATION On November 19, 2003, the Town Centre Proiect Area Commi~ee (TCPAC) held a noticed public hearing and took testimony concerning the proposed amendment. The TCPAC voted unanimously to support the proiect subject to conditions, which have been incorporated into the amended Special Use Permit. Site Characteristics The project site consists of a vacant near-level graded 10,372 sq. ft. lot located at 289 G Street, east of Third Avenue in the City's Town Centre I Redevelopment Project Area. The project site has been cleared of all vegetation and does not represent viable habitat for any sensitive animal species. Surrounding uses and zoning include the following: · North: City parking lot; Commercial Office (CO) Zone · East: Residential building used for commercial use; Commercial Office (CO) Zone · South: G Street; Adjacent buildings are in Central Commercial (CC) Zone · West: Retail strip center; Central Business District (CB) Zone PAGE 3, ITEM NO.: ~'~ MEETING DATE: 12/16/03 P~oject Propos-I La Betla Pizza has been in the community since 1955. Applicant proposes a new La Bella's Caf~ and California Game Center, which will combine food service with family serving activities, including pool, shuffleboard, and video games. The proposed project will consist of a new building of 10,363 sq. ft (8,884 sq. ft. floor space and 1,479 sq. ft. of cellar) in the Town Centre I Redevelopment Project Area. The total building area consists of the following: · La Bella Cafe - 4,584 square feet; and · California Game Center- 4,300 square feet; The business will share employees with the adjoining La Bella's Pizzeria, plus hire several new employees. A maximum of 2-3 trucks per week will visit the existing service entrance of the project site for loading/unloading. Land Use Compatibility The applicant's proposed building will be compatible with the standards of quality of the surrounding developments. The proposed use (restaurant and game center) is consistent with the project site's zoning and land use designation (with a Special Use Permit}, which are Commercial Office (CO) and Mixed Use, respectively. The use also is consistent with the Town Centre Land Use Policy, with the adoption of a Special Use Permit. Parkinq & Accessibility The parking requirement for the project is based upon the combined parking demand for each of the proposed uses in the building. During preparation of construction plans for the previously approved OPA and SUP, it became apparent that only 13 of the originally proposed 15 parking spaces would be able to be provided in the underground garage. The underground garage was estimated to add approximately $500,000 to the overall project cost, creating a cost prohibitive situation. Pursuant to CVMC 19.62.050, the restaurant parking requirement is one space per 2.5 fixed seats. Pursuant to CVMC 19.54.050, the game-center parking requirement was approved by the TCPAC "Parking Place Commission" at one space per 400 gross square feet. With the proposed deletion of the underground parking garage, the project will not provide any on-site parking. Consequently, the project (as proposed or amended) has a deficiency of 50 parking spaces. Section 19.62.040 of the Municipal Code allows the payment of an in lieu fee for deficient non- residential parking when a proiect is located in the downtown parking district. As a condition of the approval of TC1-02-02, the applicant was obligated to pay into the City's Downtown Parking District In-Lieu Parking Program for all spaces not provided. At the time of approval the deficiency was 35 spaces with an estimated fee of $61,250. Calculation of the parking requirement of the project as amended estimates a fee of $87,500, which will be used towards public parking facilities within the Downtown area or parking facilities adjacent to the project site. PAGE 4, ITEM NO.: MEETING DATE: 12/16/03 Parking requirements for the project as currently proposed are as follows: · Restaurant occupancy: 98 patrons / 2.5 seats = 39 parking spaces · Game Center: 4,300st / 400st = ] 1 parking spaces (Set by the TCPAC on November 19, 2003) · Total parking spaces required = 50 · Total in-lieu parking fee = $87,500 Landscapinq As this is a small, urban infill project, landscape and irrigation plans will be reviewed and approved by the City's Landscape Planner prior to issuance of a building permit. Amended and Restated Owner Participation Aqreement The amended and restated OPA runs with the land and outlines developer responsibilities. Among others, the applicant will be required to: 1. Develop the properly in accordance with the approved development proposal subject to the conditions of all City Departments and the Town Centre Project Area Committee; 2. Secure all necessary permits; 3. Provide a security plan acceptable to the City's Police Department; and 4. Maintain the property in first class condition. Police Security Plan Applicant has met extensively with Police Department representatives to work out a Security Plan for the operation. The Security Plan must be finalized before applicant receives a final Certificate of Occupancy. The draft Security Plan has been agreed to in concept. Police will review compliance with the Security Plan during and after the first six months of operation. The Security Plan includes the following major requirements: · A minimum of three employees will be on duty while meals and drinks are being served; · A State-licensed security guard will be present during evening hours; · Video monitors will be installed throughout the facility; · Sufficient lighting will be installed in all public areas; · Closing hours will be restricted to the same as La Bella's Pizza (Sun. - Th. 9:00 a.m. - 12:30 a.m.; Fr. - Sat. 9:00 a.m. - 1:30 a.m.); · If restaurant and/or Cafe is closed for service, all patrons under 21 will be required to leave the premises at 10:00 p.m.; · All persons under 18 years of age will be required to leave the premises at 10:30 p.m. each night. An exception occurs if the restaurant and/or Cafe is closed for service, therefore requiring them to leave the premises at 10:00 p.m.; · No alcoholic beverages will be allowed in the arcade section of the facility. PAGE 5, ITEM NO.: MEETING DATE: 12/16/03 Conclusion Staff recommends approvaJ of the amended Owner Participation Agreement and amended Special Use Permit. The proposed project will be beneficial for the City because it will convert an underutilized parcel into a higher and belier use, bring new private sector investment into the project area, and contribute to the elimination of blighting influences. The project is consistent with the City's Municipal Code and General Plan, and the Town Centre Redevelopment Plan and Implementation Plan, as well as the Town Centre Land Use Policy. With the operating conditions imposed on the project, staff believes the business will be able to operate without undue impacts on adjoining businesses or residences. FISCAL IMPACT The proposed project has an estimated valuation of $1,000,000 over base year value. This will generate an annual tax increment revenue of approximately $10,000, which will be distributed as follows: 20% ($2,000} for the Housing Set-Aside fund; approximately 65% ($5,200) of the remaining fund will accrue to the Bayfront/Town Centre I Redevelopment Project Area fund; with 35% ($2,800} accruing to other taxing entities. In addition, the project is expected to generate $1,656 in annual business license and arcade game machine license fees. Sales tax revenues are expected to be approximately $60,000 annually. The In-Lieu fee of approximately $87,500 will be utilized to upgrade City parking lots immediately adjacent to the project site. ATTACHMENTS Attachment A - Locator Map Attachment B -Town Centre Projed Area Commi~ee Staff Report Attachment C - Private Parking Agreements Attachment D - Site Elevation Attachment E - Floor Plan Attachment F - Letters AHachment G - Redevelopment Agency minutes from June 4, 2002 (see Item 7) Attachment H -Amended and Restated Owner Participation Agreement J:\COMMDEV~STAFF.RE~12-16-03\FINALlabellastaffreportagency121603.DOC ATTACHMENT A MADRONA ST Project Site 289 G Street SUP ICl 02-02 ATTACHMENT B TOWN CENTRE PROJECT AREA COMMITTEE STAFF REPORT Meeting Date: November 19, 2003 Item Title: Amendment to Special Use Permit (TC 1-02-02) - Restaurant & Game Center Subject Property: 289 G Street (APN 568-350-18) Applicant: Anthony Raso, Property Owner On June 4, 2002 the Redevelopment Agency approved an Owner Participation Agreement and a Special Use Permit (SUP) to develop the subject property with an approximately 8,700 square foot restaurant and game center with 15 parking spaces to be provided on-site in an underground parking garage and payment for another 35 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040. On November 7, 2003 Agency staff received an application from Anthony Raso to amend the previously approved SUP by deleting the underground parking garage, increasing the restaurant seating capacity, and increasing the building's gross square footage. The Town Centre Project Area Committee must consider the application to amend SUP TC1-02- 02 and make a recommendation to the Redevelopment Agency. The following briefly summarizes the applicant's proposed project modifications and his justification for the changes: Underground Parking Garage During preparation of construction plans for the approved project, it became apparent that only 13 of the originally proposed 15 parking spaces would be able to be provided in the underground garage. The underground garage was estimated to add approximately $500,000 to the overall project cost. In place of the 3,664 square foot underground garage, the current proposal seeks to build a basement level mechanical room of approximately 1,100 square feet. To compensate for some of the parking spaces previously anticipated to be provided in the underground garage, the applicant has made an offer to purchase the property located at 287 G Street (next door to the proposed restaurant and game center) in order to utilize the existing surface parking. Should the applicant succeed in acquiring this property, he may be able to provide 10 surface parking spaces subject to a binding agreement with the City as to permanent reservation of said spaces (CVMC19.62.040). The applicant would also need to limit the restaurant and game center's operating hours to ensure permanent reservation &this parking for the sole use by the restaurant and game center patrons and employees. The revised hours of operation are attached 'and are contingent upon the applicant's purchase of said property and the aforementioned parking agreement with the City. Floor Plan Modifications Although the building footprint has not changed, modifications to the floor plan are proposed: Restaurant Seating Capacity According to information provided by the applicant, the County of San Diego Health Department has approved a maximum building occupancy of 125 based upon the building's design and the provision of sanitation facilities. The applicant is proposing the recognition ora 12% shared dining and game center La Bella Caf~ & Game Center Amendment to TC102-02 289 G Street (Raso) occupancy, which equates to 15 patrons with a seat in the restaurant that will also be playing in the game center. Given this formula, the applicant is proposing to increase the total restaurant capacity to 98 with the understanding that a maximum of 83 seats will be occupied at any one time. Arcade Square Footage With the increase in restaurant seating, there is a subsequent decrease in the square footage of the game center. The resultant area of the game center is approximately 4,300 square feet. ANALYSIS: Parking Requirement The parking requirement for the project is based upon the combined parking demand for each of the proposed uses in the building. The restaurant parking requirement is one space per 2.5 fixed seats, and the game center parking requirement was approved at one space per 250 gross square feet. The parking requirement for the project as approved on June 4, 2002 is 50 spaces. With the deletion of the underground parking garage, the project does not provide any on-site parking. Consequently, the project (as approved) has a deficiency of 50 parking spaces. Section 19.62.040 of the Municipal Code allows the payment of an in lieu fee for deficient non-residential parking when a project is located in the downtown parking district. As a condition of approval of TC1- 02-02, the applicant was obligated to pay into the City's Downtown Parking District In-Lieu Parking Program for all spaces not provided. At the time of approval the deficiency was 35 spaces with an estimated fee of $61,250. Calculation of the parking requirement of the project as amended estimates a fee of $87,500 to $98,000, which will be used towards public parking facilities within the Downtown area. Per CVMC 19.62.050, parking requirements for the project as currently proposed are as follows: · Restaurant occupancy: 98 patrons / 2.5 seats = 39 parking spaces · Game Center: 4,300sf/250sf= 17 parking spaces · Total parking spaces required = 56 · Total in-lieu parking fee = $98,000 The applicant's current proposal requests the acknowledgement of 12% shared dining and game center occupancy as addressed above in order to maintain the maximum occupancy approved by the County's Health Department and the Agency's previously approved project requirement of 50 parking spaces. The specific parking requirements (as proposed) are as follows: · Restaurant occupancy: 83 patrons / 2.5 seats = 33 parking spaces · Game Center: 4,300sf/250sf= 17 parking spaces · Total parking spaces required = 50 · Total in-lieu parking fee = $87,500 It should be noted that in order to support any variances from the City's parking requirements, staff recommended that the applicant have an independent shared parking study performed in order to substantiate his request for the further parking requirement reduction. However, the applicant declined the recommendation. J:~COMMOEWGPEREZ~geme~enter~TCPAC Staff Repot[ 11_19.doc ~ ~ g Page 2 of 3 La Bella Cafd & Game Center Amendment to TC102-02 289 G Street (Raso) RECOMMENDATION: Staff is unable to support the further parking reduction without the requested shared parking study and therefore recommends that the Town Centre Project Area Committee recommends the approval of the project modifications with the required parking pursuant to City regulations. ATTACltMENTS: 1. Application 2. Applicant's request to the Town Centre Project Area Committee 3. Correspondence: Roslyn P. Chasan 4. Site Plan 5. Floor Plan 6. Parking Site Plan (contingent upon applicant's purchase of the property located at 287 G Street) J:~COMMDEV'~GPEREZ~aame~enter~TCPAC Staff Rep~l 11_19 doc ~ ~ ¢~ Page 3 of 3 ATTACHMENT C PARKING AGREEIVlENT This Agreement is made this __ day of February, 2002, between Anthony Raso, Sr. Trustee of the Anthony J. Paso and Catalda Raso Family Trust dated 8/22/91("Licensor") and Anthony Paso, Jr. ("Licensee"). WHEREAS: (a) Licensor is the owner of the property known as 397 Third Avenue, Chula Vista, California. Licensee is the tenant of the property known as 289 G Street, Chula Vista, California, where Licensee intends to operate a business; (b) Licensee wishes to use Licensor's parking lot at 397 Third Avenue evenings for customer parking; and (c) Licensor does not object to such parking as long as Licensee does not acquire any property, tenancy, or easement rights, Licensee pays for the privilege, and Licensor may prevent such use if Licensor wishes. THEREFORE, the parties agree as follows: 1. Licensor grants to Licensee a revocable license to use eighteen spaces of the parking lot at 397 Third Avenue, Chula Vista, California as follows: Monday through Friday from 6:00 p.m. until 2:00 a.m. for customer parking of his business at 289 G Street. Saturday and Sunday from 9:00 a.m. until 2:00 a.m. 2. The term of the revocable license granted by this Agreement shall be month to month. Either party may tc~rrninate this agreement upon thirty days notice to the other party. 3. As consideration for this agreement, Licensee agrees to pay to Licensor One I-Iundred Dollars ($100.00) per month, due on the first day of each month, commencing upon opening of Licensee's business. Licensee's use of the parking lot does not constitute/~ tenancy. 4. Licensee hereby agrees to hold harmless, defend and indemnify Licensor, Licensor's agents, successors, heirs, and assigns against all liability, claims, demands, causes of action and losses of any kind whatsoever, including any attorney's fees and litigation expenses, arising out of or in any matter directly or indirectly connected with the use of Licensor's property by Licensee, Licensee's employees, agents, guests and invitees during the term of this agreement. This hold harmless Agreement shall survive the termination of this Agreement, whether due to expiration or earlier termination due to Seller's default or any other reason. 5. The revocable license granted to Licensee may not be transferred, conveyed, sublet or assigned in any way whatsoever. Any such transfer or assignment shall result in the irumcdiate cancellation of this agreement. 6. In any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees and costs. Executed on the date first above written. Licensor: Anthony J. Raso, Sr., Trustee Licensee: Approved: 397 Third Avenue, Suite A BUSin'eds Naffae 397 Third Avende, Suite B Business Name Authoriz~Signature 397 Third Avenue, Suite C Business Name Autho~d Signature 397 .T~aird Aven~e, Suite D ~ Business Name ~lSorized Signature ATTACHMENT D , ATTACHMENT F FILE To, the Town Center Project Area Committee: ARer 18 months of en~neering the design results are in, a beautiful Caf6 ~,~nded with 4250 square feet of table g~mmlng 8~d ar~lde. We need this committee to reco~i~e, that of those 98 Ca~ diners 15 will leave their seat to redesign the approved 125 occupant building, and put on hold the acceplanee ofthe $87,500.00 for the ~ space ia-lue l~rlclnE fee. We believe that a Caf6 guest may hold a seat for a f~iend or f~mily member that is playing in the arcade, & thus double count those ocoupanta, a 12% occupant mduetion would qualify us to be approved with ou~ 98 seat Cafe design, ~ow wa~nE at plan check. * Cafe 98 Cafe seats, -15 scats held massed = 8~ o~apants actually alnln~ in the Caf6. Arcade 4250 sq. fl. one car p~r 250 sq ft. -- 17 arcade ears + 33 cars for the Caf6-- 50 total We am asking for the 125 building occupancy fxom the original 50 car paridnE agreement. Code books do recondite the shared usage facilities help to reduce the demand for pafidng. Not aaking for credit at the comer, never tbe less those o~ices am closed nightly & on Sunday. We will most likely not open th~ Cafe until most of the stores, that use the ~ci,ff are closed. There is no other business model like thi.% example... When you go out to a night club and you get up fxom a small table, chanees am that whea you go back to thnt table it is may be already taken. you go back one of those large table it will be still them for you and your group. If this committee feels they ~ not diacoum the number of occupied seats by the requested 12 %, we will limi~ the re,aa!want to 83 occupants aad respectfully request th,nt the in-lue of pa~ing fee to be discounted 12%, based in recognition that this Caf6 with the reserved groups & surroundilag gamming areas would equate to this caf6 havixtg a greater percentage of emp~ seats, than other coaventional Caf6 de~'~n used aa the s~anda~d for determining occupancies. CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT December 1, 2003 Roslyn P. Chosen, Trustee Chasen Family Trust 13633 Pasco de la Huerta Poway, CA 92064 Dear Mrs. Chasen, Thank you for your letter dated November 6, 2003 expressing your concerns regarding the proposed development of the La Bella Caf6 and Game Center at 289 G Street in the Town Centre I Redevelopment Project Area (TCPAC). On November 19, 2003 the Town Centre Project Area Committee held a noticed public hearing and took testimony (including your concerns) regarding the proposed amendment to the project. Subsequently, the TCPAC felt that Mr. Anthony Raso and his Project Development Team had adequately addressed all the concerns that were part of the public testimony. Therefore, the TCPAC mot[sly voted that the Redevelopment Agency of the City of Chula Vista approve the amended Owner Participation Agreement and amended Special Use Permit for the development of the La Bella Caf6 and California Game Center at 289 G Street. A public hearing before the Redevelopment Agency will be held on December 16, 2003. The Town Centre Project Area Committee and City staff appreciates your continued interest and support for the renaissance of Downtown Chula Vista. Should you have any additional questions or concerns, please contact me or Gustavo Perez of my staff at 619-691-5047. Respectfully, Byron Estes, Manager Redevelopment and Business 276 FOURTH AVENUE ', CHULAVlSTA · CALIFORNIA 91910 · (619) 691-5047 · FAX (619) 476-5310 PLANNING & ENVIRONMENTAL SERVICE~ To the Town Center Project Area Committee: After 18 months of designs & engineering the results are in, a beautiful 98 seat Caf6 surrounded by 4250 square feet of table gamming and arcade. All we simply need, is for this committee to recognize that 15 of the 98 Caf6 diners will get up to use the Arcade area while there seat still remains reserved in the La Bella Caf6. The method of calculafmg the Arcade occupancy in addition to every Caf6 seat, will require us to redesign the approved 125 occupant building, and put on hold the acceptance of the $87,500.00 (fifty space) in-lue parking fee. Since family members hold a seat for another family member that's counted as playing in the arcade, a 12% occupant reduation would qualify us to be approved with our completed 98 seat Cafe design. * Cafe 98 Cafe seats, -15 seats held unused = 83 occupants actually dining in the Caf6. Arcade 4250 sq. ft. one car per 250 sq ft. = 17 arcade cars + 33 cars for the Caf6 = 50 total spaces Relevant code book does recognize the shared usage facilities help to reduce the demand for parking. We have made an offer to purchase the property at 287 G Street, next door to the proposed La Bella Caf6 & Games. If they accept that offer, we will aquirel0 parking spaces on that lot, the hours at 287 G street will be limited to when the La Bella Caf6 & Games is closed. Also the La Bella Cafe & Games operating hours would be limited to: Mondaythru Thursday 4pmto 12:30am Friday llamto 1:30 am Saturday 9amto l:30am Sunday 9 am to 12:30 am COMMUNITY DEVELOPMENT DEPARTMENT I NOV 10~003 .- PLANNING & EhlVIRONMI:NTAL To the Town Center Project Area Committee: Fll£ COPY We need to address the credit for the 15 space underground garage, with an increase in the Parking fee from the City Council approved $ 61,250.00 to $ 87,500.00 for 50 parking spaces Our request is: to allow us to keep our approved building design occupancy @ 125, recognizing the occupants shared usage of the Caf6 dining and the Arcade area, with a 12% occupant reduction, based on the belief that 16 of those seats in the Caf6 area will be held for another family member playing in the arcade, this way our beautiful Caf6 designed for 98 can be built. * Cafe 16 of the 98 Caf6 seats would be counted as shared usage = 82 occupants dining in the Caf6. Arcade 4250 sq. ft. one occupant per 100 sq ft. = 42 occupants Parking Space Requirement 33 spaces for the Caf6 + 17 spaces for the arcade = 50 total parking spaces Relevant code book does recognize the shared usage facilities help to reduce the demand for parking. Request placement one or two 100 watt a faux gas street lamp(s) to be located on G street between the proposed Caf6 & Games and the comer of 3rd Ave & G street because its way too dark. We have made an offer to purchase the property at 287 G street, next door to the proposed La Bella Caf6 & Games. If they accept that offer, we will be acquiring a 10 parking space lot. The hours at 287 G street will be limited to when the La Bella Caf6 & Games is closed. Also our La Bella Cafe & Games operating hours would be limited to: Monday thru Thursday 4pm to 12:30 am Friday llamto l:30am Saturday 9amto l:30am Sunday 9amto 12:30am COMMUNITY DEVELOPMENT DEPARTMENT PLANNING & ENVIRONMENTAL ~ FAI~iL~r ~RI~T SERVICE~ 13633 PASO DE LA IlI,I~RTA FILE COPY 276 ~ avenue, C~a~l~ ~F~ Calff~s~, 91910 Re: Public He~ng Sd~luled ~ Nove~bex 19, ~003, ~-~li~ ,~h~y Rasm's ~ project ~ delete a~ ~mderground lam'kln5 garage amt imxease his b-ildln5 squ~e foota~ ~d se=fi,,~ capac~y ureter his Spedal U~e permit TCI.0P,0g for his ~oe,rff ~t ~89 G S~reet. As the Trustee/thiner o{ ~ --...erci~l real estate at M7-869 Third Argue, my conceras relale to the ex:u~ue neSafive impact Mr. Rasso's request for an amendmem to the previomly obtained :~oal use I~,~. Bohind my property and that of Mr. Rasso is a City owned parkln5 lo~ of appt~mately only 45 tenant* bee~t~e the b~er m~.~k, savk,in5 the Rasso business, valh.,~ k~s o~' space and spend square foo~? m 8,600 ~luare feet At that time it wa~ detesushsed by the approlaria~ ~ formula for pa~inE required fo~ his proposed i~creased squme foo~ge. It was my unde~ndinE that this sbc~all o~ inadequate parkln~ was g~ to be tr~4¢ up by When I attended the ~OOg hemings I was p~im~iy concerned alx~m the parkin~issues, lwas That ~m3m' b~m~ss attracted to downtown Clm]~ V'z~a a bad ~ from East Comfy aml dep~at to lem'n f~m d~m alx~ut their e~fie~ccs w~ a ~ngar b~s: -2- ~y~ He ~ ~ ~ ~ ~ ~i~ ~ ~e ~ ~a ~ P~f~. I ~ ~ ~u~~8~A~a~m~P ~,~ ~. ~ ~ ~ ~ f~ ~ ~ e~ p~ ~ ~d ~ ~e ~e~ c~e ct' Dr. Wazhs, bis palien~s ~ wa~ gr~ dis~nces ~0 access Iheir physics, Valet p~4rln~ is a solution in LaJolh and Bevedy Hilh but would not m.a'k in Chula V'~a. is the positive side of the City's work which I support. To ~ve the proposal of Anlhony Rasso and his pmu~rs, would tmdermine so much of the ~ood w~rk Ih,~ the G~ and ils a~ies lm~e wo~d so hard Io obe~n- I fear that his bus.ess ~lone would ln~-ve~ a ai,-~er on $~ A~ f, oui occurri~. Th~k you in adwance for your kiad sRentim to this m~m~. PI~ mak~ ~ ~ availahl~ ~ yom' c~ni~tee m~u4~ ami oda~ ag~::ie~ of ~aieh you ATTACHMENT G MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA June 4, 2002 4:00 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 5:40 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Couneiimembers: Davis, Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES: May 7, 2002; May 14, 2002 Staffreeommendation: Agency approve the minutes. 2. COUNCIL RESOLUTION NO. 2002-191 AND AGENCY RESOLUTION NO. 1779, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA INITIATING THE PROCESS AND SETTING THE DATE AND TIME FOR A JOINT PUBLIC HEARING TO CONSIDER AMENDING THE MERGED SOUTHWEST REDEVELOPMENT PLAN TO EXTEND EMINENT DOMAIN AUTHORITY FOR AN ADDITIONAL TWELVE YEAR PERIOD The Southwest Redevelopment Plan was adopted on November 27, 1990 in order to improve deteriorated properties in the areas along Main Street, south Broadway, and south Third Avenue. Since its adoption, the Southwest Plan has permitted the use of eminent domain authority to acquire property within the redevelopment area. Under the provisions of the plan, the Agency's eminent domain authority is restricted to a 12-year time period following the effective date of the ordinance adopting the Plan. The plan's eminent domain authority is scheduled to expire on November 27, 2002. However, California Redevelopment Law allows the Redevelopment Agency and City Council to amend the plan to extend eminent domain for another 12-year period. The agenda report outlined the process that must be followed, pursuant to redevelopment law, to effectuate the proposed amendment; and adoption of the proposed joint resolution initiates the proposed amendment process, refers the proposed amendment to the Planning Commission for consideration and recommendation, and sets the time and date for the joint public heating to adopt the amendment (Director of Community Development) Staff recommendation: Agency/Council adopt the resolution. CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Herren moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 3. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (TC-02-02) TO ALLOW THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY AT 45 NORTH BROADWAY WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA 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. Chair/Mayor Horton opened thc public hearing. ACTION: There being no one in the audience wishing to speak, Chair/Mayor Horton moved to continue the hearing to the meeting of June 18, 2002. Agency/Couneilmember Davis seconded the motion, and it carried 5-0. 4. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER PROPOSED DISPOSITION OF CERTAIN PROPERTY (NEW POLICE FACILITY HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE City of Chula Vista On July 10, 2001, the Redevelopment Agency purchased the former Chula Vista Shopping Center site, at the southeast comer of Fourth Avenue and F Street, for the development of a new Police headquarters facility. The construction of the facility is now moving forward. The agenda report serves as a "Summary Report" of the proposed conveyance, pursuant to California redevelopment law; and adoption of the proposed resolution conveys the subject property from the Redevelopment Agency to the City of Chula Vista. (Community Development Director) Notice of the heating was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Herren opened the public hearing. There being no members of the public wishing to speak, she then closed the hearing. ACTION: Agency/Councilmember Rindone offered Council Resolution No. 2002-192 and - Agency Resolution No. 1780, headings read, texts waived: Page 2 CounciFRDA Minutes ~ - ~ ~ 06/04/2002 PUBLIC HEARINGS (Continued) COUNCIL RESOLUTION NO. 2002-192 AND AGENCY RESOLUTION NO. 1780, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CONSENTING TO AND APPROVING THE CONVEYANCE OF CERTAIN PROPERTY (NEW POLICE HEADQUARTERS SITE) BY THE REDEVELOPMENT AGENCY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH The motion carded 5-0. 5. JOINT AGENCY/COUNCIL PUBLIC HEARING TO CONSIDER APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND THE LOCATION FOR INSTALLATION OF THE MONUMENT SIGN; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE DOWNTOWN MONUMENT SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA The downtown monument sign is part of a comprehensive effort to revitalize and beautify Chula Vista's downtown core. The idea of establishing a downtown monument sign came as a result of proactive efforts among downtown stakeholders to implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the City. Additionally, recent and proposed downtown redevelopment, including increased business improvement activities spearheaded by the Downtown Business Association, has steadily increased the momentum in truly transfonning the downtown core into a vibrant central business district. The agenda report included the proposed sign design concept and the proposed location. (Community Development Director) Notice of the heating was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Community Development Specialist Del Valle presented the proposed downtown monument sign project. Chair/Mayor Horton stressed the need to tie the monument sign design into the architecture of the new Gateway Center. Agency/Councilmember Rindone stated that the illumination feature of the monument sign should enhance the community core and suggested that the sun and waves included in the City logo be more visible within the sign. Agency/Councilmember Padilla stated that the proposed sign reflects the history of Chula Vista, and he supported its proposed location within the heart of the City and in close proximity to the park and Heritage Museum. Page 3 Council/RDA Minutes ~.~ ~ ~:~..~ 06104/2002 PUBLIC HEARINGS (Continued) - ACTION: Chair/Mayor Horton moved to direct staff to take into consideration Council comments regarding the sign design and to ensure that the proposed sign complements the architecture of the new Gateway building; and she offered Council Resolution No. 2002-193 and Agency Resolution No. 1781, heading read, text waived: COUNCIL RESOLUTION NO. 2002-193 AND AGENCY RESOLUTION NO. 1781, RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SIGN DESIGN CONCEPT FOR THE DOWNTOWN MONUMENT SIGN, AND LOCATION; AND DIRECTING STAFF TO SOLICIT BIDS FROM QUALIFIED SIGN CONTRACTORS TO FABRICATE AND INSTALL THE SIGN WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA The motion carried 5-0. Agenda Item #7 was taken out of order and considered at this point. 6. AGENCY PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO ALLOW THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD - AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA Perla Barraza/Smart-Mex, Incorporated proposes to construct an automatic car wash and lube center at 1616 Third Avenue/31M Montgomery Street, within the boundaries of the Southwest Redevelopment Project Area. The project site is adjacent to a variety of commemial uses along Third Avenue, such as restaurants, automobile repair and paint shops, medical offices, storage facilities, and the historic Otay Baptist Chumh. (Community Development Director) Item #6 was considered following Item #7. 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. Senior Community Development Specialist Tapia presented the owner participation agreement and special use permit for the car wash center. Deputy Chair/Deputy Mayor Padilla opened the public hearing. With no members of the public wishing to speak, he then closed the hearing. ACTION: Agency/Councilmember Rindone offered Agency Resolutions 1782 and 1783, headings read, texts waived: Page4 Council/RDA Minutes ~,~ . ,~ 06/04/2002 PUBLIC HEARINGS (Continued) AGENCY RESOLUTION NO. i 782, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-01-38 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH PERLA BARRAZA/SMART-MEX, iNCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AGENCY RESOLUTION NO. 1783, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING A SPECIAL USE PERMIT (SUPS-01-05) TO PEP, LA BARRAZA/SMART-MEX INCORPORATED FOR THE DEVELOPMENT OF AN AUTOMATIC CAR WASH WITH ACCOMPANYING AUTO DETAIL CENTER AT 1616 THIRD AVENUE/304 MONTGOMERY STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The motion carried 4-0, with Chair/Mayor Horton absent. Agency/Councilmember Rindone left the meeting at this point, 6:45 p.m. 7. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFI~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA On December 1, 2001, Agency staff received an application from Anthony Raso for a new restaurant/game center (La Bella Caf6 and California Game Center) to be located at 289 G Street in the Town Centre I Redevelopment Project Area. Pursuant to the Town Centre Land Use Policy, the game center land use requires a special use permit approved by the Redevelopment Agency Board. In addition, new construction requires the concurrent approval of an owner participation agreement for development of the project. (Community Development Director) Item #7 was taken out of order and considered prior to Item #6. Redevelopment Manager Estes presented the request for the owner participation agreement and special use permit for the La Belle Caf6/California Game Center. Chair/Mayor Horton opened the public heating. Anthony Raso explained the proposed project, including the design and customer focus of the game center. Marla Bacon spoke in support of the proposed project, stating that it was important to provide a safe environment for the youth and families in the community. At this point, 6:30 p.m., Chair/Mayor Hot, on left the meeting. Page 5 Council/RDA Minutes ~ ~ ~.~'- 06/04/2002 PUBLIC HEARINGS (Continued) There being no further members of the public wishing to speak, Deputy Chair/Deputy Mayor Padilla closed the hearing. ACTION: Agency/Councilmember Rindone offered Agency Resolutions 1784 and 1778, headings read, texts waived: AGENCY RESOLUTION NO. ! 784, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,664 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFf~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA AGENCY RESOLUTION NO. 1778, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFI~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA The motion carried 4-0, with Chair, rMayor Horton absent. ACTION ITEMS 8. REPORT ON THE PROPOSED CONCEPT FOR THE AUTO PARK RIGHT-OF-WAY DESIGN AND PHASE II LANDSCAPED MEDIAN DESIGN ON MAIN STREET EAST OF 1-805 FROM NIRVANA ROAD TO HERITAGE ROAD IN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA Main Street, east of 1-805, is among the primary entryways to Chula Vista. Many residents and visitors from outside the community travel this stretch of roadway to attend concerts at the Coors Amphitheatre, take day trips to Knott's Soak City, and visit the Chula Vista Auto park and other businesses in the area. In 1999, landscaping improvements were installed in the median between Nirvana Heritage RoMs. Phase II of the project is already ftmded through an existing capital improvement project. The purpose of the report and presentation is to provide the Redevelopment Agency and public an opportunity to review the proposed designs for the Auto Park right-of-way and the phase II landscaped median design provide direction to staff accordingly. (Community Development Director) ACTION: Agency/Coun¢ilmember Davis moved to continue the item to the meeting of June 18, 2002 (if all Couneilmembers will be present). Agency/Councilmember Salas seconded the motion, and it carried 3-0, with Chair/Mayor Horton and Agency/Councilmember Rindone absent. Page 6 Cotmcil/RDA Minutes ~ ~ ~.~ 06/04/2002 OTHER BUSINESS 9. DIRECTOR'S REPORTS a. REPORT: ST. ROSE OF LIME EDITORIAL ACTION: Agency/Councilmember Davis moved to accept the report. Deputy Chair/Deputy Mayor Padilla seconded the motion, and it carried 3-0, with Chair/Mayor Horton and Agency/Cotmcilmember Rindone absent. 10. CHAIR/MAYOR REPORTS There were none. 11. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.90t) Two cases ACTION: Direction was given to Counsel. 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) a. City of Chula Vista v. Guillermo Rodriguez, DDS, et al. (Adams Dentistry) SDSC Case No. GIC781297 No action was taken on this item. b. City of Chula Vista v. Curtis Bradford, et al. (Mrs. Cook and Lugs) SDSC Case No. GIC781296 ACTION: Direction was given to Counsel. ADJOURNMENT At 7:10 p.m., Deputy Chair/Deputy Mayor Padilla adjoumed the meeting to the Regular Meeting of the Redevelopment Agency on June 18, 2002, at 6:00 p.m., immediately following the City Council meeting. Susan Bigelow, CMC/AAE, City Clerk Page 7 Cotmcil/RDA Minutes 06/04/2002 ATTACHMENT H Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 Attn: Linda Welch (Space Above This D'ne For Recorder) APN: 623.132.10 AMENDED & RESTATED OWNER PARTICIPATION AGREEMENT La Bella Pizza Expansion/California Game Center (SUP# TC1-02-02) Anthony Raso, Owner 289 G Street THIS AMENDED & RESTATED AGREEMENT is entered into by the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic (hereinafter referred to as "AGENCY"), and Anthony Raso, (hereinafter referred to as "DEVELOPER") effective as of Dec. 16, 2003. WHEREAS, On June 4, 2002 the AGENCY approved an Owner Participation Agreement to develop the subject property with an approximately 8,700 square foot restaurant and game center with 15 parking spaces to be provided on- site in an underground parking garage and payment for another 35 spaces to be provided off-site through the City's Downtown Parking Disthct In-Lieu Parking Program pursuant to CVMC 19.62.040; and, WHEREAS, On November 7, 2003 AGENCY received an application from DEVELOPER to amend the previously approved OPA by deleting the underground parking garage, increasing the restaurant seating capacity, increasing the bu[Iding's gross square footage and payment for 50 spaces to be provided off-site through the City's Downtown Parking District in-Lieu Parking Program pursuant to CVMC 19.62.040; and, WHEREAS, the DEVELOPER desires to develop real property within the TOWN CENTRE I REDEVELOPMENT PROJECT AREA ("Project Area") which is subject to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented plans for development to the Town Centre Project Area Committee, which functions as the Design Review Committee and the Planning Commission for the Town Centre I Project Area, for the construction of an 8,884 sq. ft. game center and cafe, and required on-site parking, landscaping and driveways (the "Project"); and, WHEREAS, said plans for development have been recommended for approval bythe Town Centre Project Area Committee; and, WHEREAS, the AGENCY has considered the recommendation of the Town Centre Project Area Committee, and has approved the Project and design plans subject to certain terms and conditions; and, WHEREAS, the AGENCY desires that said Project be implemented and completed as soon as it is practicable in accordance with the terms of this amended Agreement. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: 1. The property to be developed is described as Assessor's Parcel Number 568-350-18 ~ocated at 289 G Street, Chula Vista, CA., shown on Iocafor map attached hereto and by this reference incorporated herein ("Property'). 2. The DEVELOPER covenants and agrees by and for himself, his heim, executom, administrators and assigns and all persons claiming under or through them the following: A. DEVELOPER shall develop the Property with the Project in accordance with theAGENCY approved development proposal attached hereto as Exhibit "A". B. DEVELOPER shall obtain all necessary federal/state and local governmental permits and approvals and abide by all applicable federal, state and local laws, regulations, policies and approvals in connection with the development of the Project. DEVELOPER further agrees that this Agreement is contingent upon DEVELOPER secudng said permits and approvals. DEVELOPER shall pay all applicable development impact and processing fees. C. DEVELOPER shall obtain building permits within one year from the date of this amended Agreement and to actually develop the Property with the Project within one year from the date of issuance of the building permits. In the event DEVELOPER fails to meet these deadlines, the Agency's approval of DEVELOPER's development proposals shall be void and this amended Agreement shall have no further fome or effect. D. In all deeds granting or conveying an interest in the Property, the following language shall appear. "The grantee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national edgin, ancestty or sexual orientation in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee himself or any persons claiming under or through him establish or permit any such practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." E. In all leases demising an interest in all or any part of the Property, the following language shall appear: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under orthrough him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of, any person or group of persons, on account of race, color, creed, national edgin, anceshy or sexual orientation, in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of the premises herein leased, nor shall the lessee himself or any persons claiming under or through him, establish or permit any such practices of discrimination or segregation with reference to the selection, location, number or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased." 3. The Property shall be developed subject to the conditions imposed by the AGENCY as set forth in the amended Special Use Permit (SUB TC1-02-02) that was granted for this project. DEVELOPER acknowledges the validity of and agrees to accept such conditions. 4. DEVELOPER shall be responsible for any and all relocation expenses related to this project, if any. DEVELOPER indemnifies, holds harmless, protects, and defends City from any and all relocation claims arising from or related to any action taken by the AGENCY, including the consideration, and/or approval of this amended Owner Participation Agreement. 5. DEVELOPER shall maintain the premises in FIRST CLASS CONDITION. A. DUTY TO MAINTAIN FIRST CLASS CONDITION. Throughout the term of this amended Agreement, DEVELOPER shall, at DEVELOPER's sole cost and expense, maintain the Property which includes all improvements thereon in first classcondition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other govemmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. If the DEVELOPER fails to maintain the Property in a "first class condition", the Redevelopment Agency of the City of Chula Vista or its agents shall have the right to go on the Property and perform the necessary maintenance and the cost of said maintenance shall become a lien against the Property. The Agency shall have the right to enforce this lien either by foreclosing on the Property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. DEVELOPER shall promptly and diligently repair, restore, alter, add to, remove, and replace, as required, the Property and all improvements to maintain or comply as above, orto remedy all damage to or destruction of all or any part of the improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and other act of compliance under this Paragraph (hereafter collectively referred to as "Restoration") shall be completed by DEVELOPER whether or not funds are available from insurance proceeds or subtenant contributions. C. In order to enforce all above maintenance previsions, the parties agree that the Community Development Director is empowered to make reasonable determinations as to whether the Property is in a first class condition. If she determines it is not, she (1) will notify the DEVELOPER in writing and (2) extend a reasonable time to cure. If a cure or substantial progress to cure has not been made within that time, the Director is authorized to effectuate the cure by City forces or otherwise, the cost of which will be promptly reimbursed by the DEVELOPER. D. FIRST CLASS CONDITION DEFINED. First class condition and repair, means an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed in accordance with all applicable laws and conditions. 6. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the dght, without pdor approval of AGENCY, to assign its rights and delegate its du~es under this amended Agreement. 7. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the PROJECT AREA as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this amended Agreement may be specifically enforced in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the boundaries of the PROJECT AREA. 8. AGENCY and DEVELOPER agree that this amended Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. 9. DEVELOPER shall and does hereby agree to indemnify, protect, defend and hold harmless AGENCY and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, Josses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees {collectively, 'liabilities") incurred by the AGENCY arising, directly or indirectly, from (a) AGENCY's approval of this amended Agreement, (b) AGENCY's or City's approval or issuance of any other permit or action, whether discretionary or non-discre§onary, in connection with the Project contemplated herein, and (c) DEVELOPER's construction and operation of the Project permitted hereby. 10. In the event of any dispute between the parties with respect to the obligations under this amended AGREEMENT that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party. 11. Time is of the essence for each and every obligation hereunder. 12. If DEVELOPER fails to fulfill its obligations hereunder after due notice and reasonable opportunity to cure, DEVELOPER shall be in default hereunder, and in addition to any and all other rights and remedies AGENCY may have, at law or in equity, AGENCY shall have the right to terminate its approval of the Project and this amended Agreement. 13. DEVELOPER and AGENCY agree that, notwithstanding Section 410, Owner and Tenant Participation rules for the Town Centre I Redevelopment Project Area, adopted by the Agency in July 1976, the AGENCY expressly retains its right to exemise its eminent domain powers as it relates to the property. Signature Page Follows Signature Page To Owner Participation Agreement with Anthony Raso, Owner IN WITNESS WHEREOF THE PARTIES HAVE ENTERED INTO THiS AMENDED AGREEMENT EFFECTIVE AS OF THE DATE FIRST WRITTEN ABOVE. "AGENCY" REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DATED: By: Stephen C. Padilla, Chairman "DEVELOPER" Anthony Raso, Owner Anthony Raso, Property Owner NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: Ann Moore, Agency Attomey ATTEST: Laude A. Madigan, Community Development Director CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Coun~of San Diego ~ On ~ ~0~ before me, ~ ',~personally appeared . ~l v ~~ OR -~ proved to me on ~e basis of satisfacto~ evidence '~ tO be the p son~ e~ ,,~ er whose nam subscribed to the within instrument and ac- knowledged to me that._ _~he~ executed the same in his/~r authorized capacity~), and that by his/~¢ signature~ on the instrument the pers~, or the entity upon behalf of which the person~acted, executed the instrument. ,~ = ~ c~..~o m WITNESS my hand and official seal. OPTIONAL ~ough ~e ~ ~low is not ~uir~ by law, it may prove valu~le to pe~ns relying on ~e document and could prevent f~u~ulent rea~chment of ~ CAPACI~ C~IMED BY SIGNER DESCRIPTION OF A~ACHED DOCUMENT ~%E OR ~P~F DOCUMENT ~ PAR~ER(S) ~ UM~D ' , · , ~ A~ORN~-IN-FACT ~UMBER OF PAGES ~ TRUS~E(S) DATE OF DOCUME~ $1GN~R(S) O~R ~ ~D ABOVE AGENCY RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFI~ AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE ~ REDEVELOPMENT PROJECT AREA WHEREAS, Anthony Raso has presented development plans for the construction of a 8,884 square foot restaurant and game canter, with associated parking, landscaping and driveways; and WHEREAS, the site consists of a vacant 10,372 square foot lot located at 289 G Street in the Town Centre I Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista, which is shown in the Locator Map attached to the amended and restated Owner Participation Agreement and incorporated herein by referenca; and WHEREAS, the Town Centre Project Area Committee, which acts as both the Planning Commission and Design Review Committee for development within the Town Centre I and II Project Areas, heard this item at a duly noticed public hearing held on November 19, 2003 and voted unanimously to support the development proposal with conditions as set forth in the amended Special Use Permit; and WHEREAS, the Redevelopment Agency's Environmental Review Coordinator determined that the project proposal is exempt from environmental review pursuant to the California Environmental Quality Act, Section 15303(c) of the California Code of Regulations for construction of small structures; NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The proposed project is deemed exempt from environmental review and is hereby adopted in accordance with CEQA. 2. The proposed project is consistent with the City of Chula Vista General Plan, and the Town Centre I Redevelopment Plan and Implementation Plan. 3. The proposed project will be beneficial for the City of Chula Vista, because it will redevelop an underutilized parcel to a higher and better use, assist in the elimination of physical and economic blighting conditions, and create jobs in a blighted area of the City of Chula Vista. 4. The Redevelopment Agency of the City of Chula Vista hereby approves the amended and restated Owner Participation Agreement with Anthony Raso to construct a 8,884 square foot restaurant and game center in the Town Centre I Redevelopment Project Area, subject to the conditions set forth in the Special Use Permit (SUP#TC1-02-02). Resolution No.__ Page 2 5. The Chairperson of the Redevelopment Agency is hereby authorized to execute the subject Owner Padicipation Agreement between the Redevelopment Agency and Anthony Raso. 6. The Secretary of the Redevelopment Agency is authorized to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California Presented by: Approved as to form by: Community Development Director Ci~t~rney and Ag-enc~,~unsel / J:\COMMDEV~RESOS\12-16-03\GAMECENTEROPARESO1 .DOC RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED SPECIAL USE PERMIT ($UP~TCl-02-02) FOR THE DEVELOPMENT OF AN APPROXIMATELY 8,884 $QUARE FOOT RE$TAURANT AND GAME CENTER (LA BELLA CAFI~ AND CALIFORNIA GAME CENTER) AT 289 G $TREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA A. RECITALS 1. Project Site WHEREA$, the site consists of a vacant 10,372 square foot lot located at 289 G Street in the Town Centre I Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and 2. Project Applicant WHEREAS, On dune 4, 2002 the City of Chula Vista Redevelopment Agency approved an Owner Participation Agreement to develop the subject property with an approximately 8,700 square foot restaurant and game center with 15 parking spaces to be provided on-site in an underground parking gara,cle and payment for another 35 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040; and, WHEREAS, on November 7, 2003 a duly verified application for an amended Special Use Permit (TC1-02-02) was filed with the City of Chula Vista Redevelopment Agency by Anthony Raso ("Applicant") deleting the underground parking garage, increasing the restaurant seating capacity, increasing the building's gross square footage and payment for 50 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040; and, 3. Project Description WHEREAS, Applicant has presented development plans for the construction of a 8,884 square foot restaurant and game center, with associated parking, landscaping and driveways; and 4. Environmental Determination WHEREAS, the Redevelopment Agency's Environmental Review Manager determined that the project proposal is exempt from environmental review pursuant to the California Environmental Quality Act, $ection 1§303(c) of the California Code of Regulations for construction of small structures; and 5. Town Centre Project Area Committee Record on Application WHEREAS, the Town Centre Project Area Committee, which acts as both the Planning Commission and Design Review Committee for development within tee Town Centre I and II Project Areas, heard this item at a duly noticed public hearing held on November 19, 2003 and voted unanimously to support the development proposal with conditions as set forth in this Special Use Permit; and 6. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on December 16, 2003 to receive the recommendation of the Town Centre Project Area Committee, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: B. TOWN CENTRE PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Town Centre Project Area Committee at their public hearing on this Project held on November 19, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that, in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City Of Chula Vista, the project is categorically exempt pursuant to CEQA, Section 15303(c) of California Code Of Regulations. D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY The Redevelopment Agency finds that the Categorical Exemption for this Project reflects the independent judgment of the Redevelopment Agency of the City Of Chula Vista. E. AMENDED SPECIAL USE PERMIT FINDINGS 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility, which contributes to the general well being of the neighborhood or the community. The restaurant and game center land use would provide desirable services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use provides family entertainment that if properly supervised will be a benefit to the area and will conform with the Downtown Vision statement supporting entertainment uses. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or genera/we/faro of persons rosiding or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed use would not be detrimental to persons, but would make available desirable services to the general public as a family establishment with recreation opportunities for local residents. The services would be especially accessible to residents and workers in the vicinity of the Town Centre Redevelopment Project Area. The project is categorically exempt from the California Environmental Quality Act and would not result in any significant environmental impacts. The establishment and operation of the use would be subject to the requirements of responsible agencies with jurisdiction. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use as presented and conditioned by this amended Special Use Permit complies with the regulations of the Municipal Code, and addresses shortage of parking by paying into the In Lieu Parking Fee program in the Town Centre Parking District. The Redevelopment Agency does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. 4. That the granting of this amended special land use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any government agency. The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commemial district. Granting an amended special land use permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit TCl-02-02, subject to the following conditions: 1. The subject property shall be developed as described in the application and plans dated November 7, 2003 and submitted to Community Development Department, except as modified herein. 2. The conditionally permitted uses of the subject property shall be limited to a game center and restaurant as described in the application and plans, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified. 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the use shall not exceed the hours of 9:00 a.m. to 1:00 a.m. Sunday through Thursday and 9:00 a.m. to 2:00 a.m. Friday and Saturday, except as modified by any Police Department Security Plan that shall be approved prior to issuance of a Certificate of Occupancy. 6. The applicant shall pay the required In-Lieu parking fees into the Town Centre Parking District for additional parking stalls pursuant to Section 19.62.040 of the Municipal Code prior to issuance of a building permit. Such fees shall be expended to improve the two parking lots immediately behind the subject property as determined by and in consultations with the "Parking Place Commission". 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The project shall comply with the requirements of the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this amended permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given the permittee the right to be heard with regard thereto. However, the City in exercising this reserved right/condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. All ground mounted utility appurtenances such as: transformers, AC condensers, etc shall be located out of public view and adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Community Development Director. 11. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 12. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Community Development Department. Additionally, the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 13. Landscape and irrigation plans shall be reviewed and approved by the City Landscape Planner prior to issuance of a building permit. The landscape plan shall identity a fixed storage rack designed to secure the frame and wheel of not less than ten bicycles in an area approved by the City Landscape Planner. 14. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 15. Applicant shall obtain a construction permit from the Engineering Division for any work in the City's right of way. 16. Driveway approaches shall be constructed per Chula Vista Municipal Code requirements. 17. Applicant shall seek and obtain all permits necessary for the project, including but not limited to a grading permit if determined to be required by the City Engineer. 18. Plans and construction shall comply with the most recently adopted Uniform Building Code, Uniform Plumbing Code, Uniform Electrical Code, and Uniform Mechanical Code. Plans shall also comply with Title 24 Energy and disabled access requirements. 19. All applicable fees, including school fees shall be paid to the appropriate school districts as part of the building permit process. 20. Prior to occupancy permit Applicant shall schedule a security survey and training through the Police Department Crime Prevention Unit regarding emergency and police reporting procedures. A security plan shall be prepared and approved prior to issuance of a Certificate of Occupancy and implemented to the satisfaction of the Police Chief. 21. Game play by minors is prohibited during normal school hours, except when accompanied by an adult 21 years of age or older. 22. Applicant shall seek and obtain approval of a sign plan. All signage shall be subject to the provisions of Sign Ordinance, CVMC Chapter 19.60. 23. The applicant shall and does hereby agree to indemnity, protect, defend, and hold harmless Agency, City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the Agency or City arising, directly or indirectly, from a) Agency's or City's approval and issuance of this special land use permit, b) Agency's or City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and all liabilities arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this special land use permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. 24. The use of any amplitying system or device is prohibited on the exterior of the building, and the use of any such system or device inside the premises shall not be audible outside the premises. 25. Entertainment provided shall not be audible beyond the area under the control of the licensee(s) as defined on the ABC-257, dated May 24, 2000 and ABC-253 dated May 24, 2000. 26. The rear and front door shall be kept closed at all times during the operation of the premises except for the ingress and egress of patrons and to permit deliveries. Said door(s) are not to consist solely of a screen or ventilated security door. 27. At all times when the premises are open for business the sale of alcoholic beverages shall be made in conjunction with the sale of food. 28. Permittee shall regularly police the area under their control in an effort to prevent loitering of persons about the premises. 29. Permittee shall not require the purchase of a minimum number of drinks. 30. Permittee shall pay either 1) one percent (1%) of total construction costs into the 1% for the Arts Program or 2) provide an art work of equivalent value that is publicly accessible and approved by the Town Centre Project Area Committee prior to issuance of a Certificate of Occupancy. 31. Any violations of the terms and conditions of this permit shall be grounds for revocation or modification of permit. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the Redevelopment Agency Office and known as Document No. A nt Date: I. NOTICE OF EXEMPTION The Environmental Review Manager has reviewed for compliance the CEQA and has determined the project qualifies for a Class C category exemption pursuant to Section 15303 of State CEQA Guidelines. Thus, no further environmental review is necessary. J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be valid. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 16~ DAY OF DECEMBER 2003. Presented by: Approved as to form by: Laurie A. Madigan Community Development Director y an;A y CoUnsel