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HomeMy WebLinkAboutRDA Packet 2002/05/07 ~{f? -=...- ..".- -..0::: CllY OF CHUlA VISTA TUESDAY, MAY 7, 2002 COUNCIL CHAMBERS 4:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton 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 or 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: April 9, 2002; April 16, 2002; April 23, 2002 2. AGENCY RESOLUTION AGENCY RESOLUTION APPROPRIATING $66,270 FROM THE BAYFRONT REDEVELOPMENT PROJECT FUND FOR PAYMENT TO AFFECTED TAXING AGENCIES CONSISTENT WITH HEALTH AND SAFETY CODE SECTION 33607.5 OF CALIFORNIA REDEVELOPMENT LAW - The Bayfront Redevelopment Plan Amendment No.5 was adopted in July 1998 to incorporate Added Area into the project area, permit the Agency to collect tax increment from the Added Project Area, and extend the time frame to incur debt and collect revenue from the Original Project Area. In accordance with Redevelopment Law, the 1998 Amendment obligated the Agency to comply with statutory taxing-agency payments for tax increment generated within both the Original Area and the Added Area. The purpose of this item is to appropriate $66,270 in "pass-through" payments to the taxing agencies triggered by Amendment No.5. [Director of Community Development] 4/5ths VOTE REQUIRED 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 not 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 Secretary to the Redevelopment Agency or 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 and/or 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. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN APPROXIMATELY 8,700 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 STAFF RECOMMENDATION: STAFF RECOMMENDATION: That the public hearing be opened and continued to the Redevelopment Agency meeting of June 4, 2002. 4. DIRECTOR'S REPORT(S) 5. CHAIR/MAYOR REPORT(S) 6. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to an adjourned meeting of the Redevelopment Agency on May 14, 2002, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance with the Ralph Brown Act (Govt. Code § 54957.7) 7. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 Redevelopment Agency, May 7, 2002 Page 2 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, May 7, 2002 Page 3 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA April 9, 2002 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:13 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: 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. AGENCY RESOLUTION NO. 1771, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $125,000 FROM THE REDEVELOPMENT AGENCY 2000 TAX ALLOCATION BOND PROCEEDS INTO CAPITAL IMPROVEMENT PROJECT PS 149 FOR ADDITIONAL RELOCATION COSTS FOR THE NEW DOWNTOWN POLICE FACILITY The Council has acted to appropriate $1,500,000 for the Police Headquarters site relocation costs. This appropriation was completely expended during March 2002. Settlements have been reached with 11 of the 13 businesses, either through relocation settlement offers or the provision of new business sites. Several final relocation settlements and payments are now pending. In order to proceed with the remaining relocation payments, two additional appropriations for costs associated with the relocation have been deemed necessary. (Community Development Director) Staff recommendation: Redevelopment Agency adopt the resolution. 2. COUNCIL RESOLUTION NO. 2002-113 AND AGENCY RESOLUTION NO. 1772, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2002 BUDGET BY ADDING ONE COMMUNITY DEVELOPMENT SPECIALIST IIII POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND AMENDING THE ADOPTED FISCAL YEAR 2003 SPENDING PLAN THEREFOR BASED ON UNANTICIPATED REVENUE FROM REDEVELOPMENT AGENCY REIMBURSEMENTS (- ( CONSENT CALENDAR (Continued) The Economic Development Division of the Community Development Department is in need of additional staff to handle the division's workload, including the completion and implementation of the City's first comprehensive Economic Development Strategy (EDS). The EDS process is already generating, and is anticipated to increasingly generate, the need for expanded economic development activities designed to ensure a balanced community, a high standard of living, and long-term municipal fiscal sustainability. The current workload, as well as the anticipated additional workload that will be generated as a result of successful economic development activities, fully justifies the need for this position. The Economic Development Division currently includes four budgeted positions: Economic Development Manager, Principal Community Development Specialist, Senior Community Development Specialist, and Community Development Specialist VII. Staff is recommending that a second Community Development Specialist VII position be added to the Economic Development Division team. (Community Development Director) Staff recommendation: City Council/Redevelopment Agency adopt the resolution. ACTION: Agency/Councilrnember Rindone moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR/MA YOR REPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 ACTION: Direction was given to Counsel. Page 2 Council/RDA Minutes 1-;2.. 04/09/2002 CLOSED SESSION (Continued) 7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case. ACTION: Direction was given to Counsel. ADJOURNMENT At 9:25 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redevelopment Agency on April 16, 2002, at 6:00 p.m., immediately following the City Council meeting. Sd~IOI£~ity l: Page 3 Council/RDA Minutes (-3 04/09/2002 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA April 16, 2002 6:00 p.m. An Adjourned Regular Meeting of the City Council and a Regular Meeting of the Redevelopment Agency of the City of Chula Vista were called to order at 6:19 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency /Councilmembers: Davis, Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Co unc i 1m emb ers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, and Deputy City Clerk Bennett SPECIAL ORDERS OF THE DAY 1. RECOGNITION BY THE REDEVELOPMENT AGENCY/CITY COUNCIL OF JOHN WILLETT FOR THE CLEAN-UP OF AGENCY-OWNED PROPERTY NEAR THE CHULA VISTA NATURE CENTER Chair/Mayor Horton read the proclamation and presented it to John Willett. CONSENT CALENDAR 2. COUNCIL RESOLUTION NO. 2002-120 AND AGENCY RESOLUTION NO. 1773, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA CREATING AN UNCLASSIFIED POSITION OF SPECIAL PLANNING PROJECT MANAGER IN SENIOR MANAGEMENT AND AMENDING THE FISCAL YEAR 2002 BUDGET TO ADD THE POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT AND AMENDING THE FISCAL YEAR 2003 ADOPTED SPENDING PLAN THEREFOR, BASED ON SALARY SAVINGS AND UNANTICIPATED PROGRAM REVENUES In evaluating the future work programs of the Planning & Building and Community Development Departments for the next several years, the need has been identified for a highly experienced, senior management, planning professional to work with City staff on the General Plan Update, as well as other major projects in both departments. Through discussions with the City Manager's office, it has been determined that the best way to fill this need is through the creation of a Special Planning Projects Manager position in the Community Development Department, but jointly managed with the Planning & Building Department. A candidate has been selected and will be appointed as soon as possible if Council approves the position and recommended funding. (Director of Planning and Building; Director of Community Development) Staff recommendation: Agency/Council adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staffs recommendation and offered the Consent Calendar, heading read, text waived. The motion carried 5-0. / - cj ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 3. PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF A 8,(j64 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 Staff recommendation: That the public hearing be opened and continued to the Redevelopment Agency meeting of May 7, 2002. 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 the public hearing. There were no members of the public wishing to speak. ACTION: CounciV Agencyrnember Padilla moved to continue the time to the meeting of May 7, 2002. CounciVAgencyrnenber Davis seconded the motion and it carried 5-0. ACTION ITEMS 4. AGENCY RESOLUTION NO. 1774, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH NORTH CHULA VISTA WATERFRONT LIMITED PARTNERSHIP WITH RESPECT TO THE PROPOSED DEVELOPMENT OF A RESIDENTIAL/MIXED USE PROJECT IN THE MIDBA YFRONT SUBAREA OF THE BA YFRONT REDEVELOPMENT PROJECT AREA In 2001, Pacifica Companies notified the City that it had signed an option agreement with Chula Vista Capital, the primary property owner of the mid-bayfront property, for the purchase and development of the approximately 97 -acre site. Pacifica also indicated its desire to include in its development proposal additional lands, some of which are owned by the Redevelopment Agency. Pacifica Companies created a design team consisting of architectural, engineering, and environmental consultants, among others, to develop a conceptual master plan for the approximately 126-acre project site. The project proposes 5.8 million square feet of high quality, mixed use building area, comprised primarily of residential units, some limited commercial, up to three hotels, restaurants, recreation areas, and a community center. Pacifica Companies is a group of diversified real estate companies with an extensive real estate portfolio, including hotels, office and industrial buildings, retail shopping centers, and residential communities located throughout the United States. North Chula Vista Waterfront LP., a limited partnership formed by principals of Pacifica Companies for development of the mid-bayfront property, has requested an Exclusive Negotiating Agreement (ENA) with the Redevelopment Agency for two years, with an optional six-month extension, to prepare plans, pursue entitlements, secure financing, and negotiate a Disposition and Development Agreement (DDA) for the project. (Community Development Director) Page 2 Council/RDA Minutes /-S' 04/16/2002 ACTION ITEMS (Continued) Principal Community Development Specialist Lukes presented the project, and Assistant City Attorney Googins explained the legal protections to the City contained in the agreement. Gordon Carrier, representing Carrier Johnson, presented the project design for the Bayfront Village preliminary master plan. Chair/Mayor Horton stated that she would like to see the roadways further ITom the waterITont, with more emphasis on residential property on the west side of the road that leads into the project. Council!Agencyrnember Salas spoke regarding the lack of existing quality hotels and banquet facilities in the area and conveyed the need for top quality business hotels on the proposed site. Community Development Director Salomone stated that the proposed site would house Chula Vista's only residential area west of Interstate 5 and added that the site is transit-oriented and represents, in concept, the principles of smart growth. Council!Agencyrnenber Rindone explained that the project has involved years of extensive compromises and negotiations with the California Coastal Commission, and the proposed development is the small portion of the entire bayfront that has permission for development ITom the Coastal Commission. Council! Agencyrnenber Padilla asked the advantages or disadvantages that an ENA would provide to the City. Mr. Googins replied that ENA's are mutually beneficial to the developer and the Agency. An ENA provides the developer with an indication that the City is comfortable enough with the concept to provide staff resources and work with the developer over a period of time, without soliciting other proposals. Knowing that the developer will devote its time and resources to the project assures the Agency that its dedication of staff resources and efforts to the enterprise is a meaningful one. Council!Agencyrnember Salas expressed concern that the proposed density of 3,400 dwelling units was too high, and that there was inadequate public accessibility to the project. She explained that one of the components of development on the baYITont should be to provide venues that would attract citizens from the eastern sector of the community. She also believed the people of Chula Vista want access to a bayfront that is environmentally sensitive. Chair/Mayor Horton stated that approval of the ENA would set forth parameters for the conceptual development of the project, but that issues and concerns raised by the Council would be negotiated with the developer over a period of time. She added that the combined commercial development on the existing Port property and the proposed residential development would compliment one another. Mel Hinton, representing the San Diego Audubon Society, stated that a proposed 24-story building is unacceptable and inappropriate for the bayfront and is inconsistent with the environment of the wildlife refuge. He felt that since the conceptual plan has already included 24 stories as reasonable, acceptance of the ENA would make it difficult for the Council to change the maximum building height. He added that the views of the proposed project are presented ITOm the perspective of elevation and not the way they will be seen ITOm either Interstate 5 or San Diego Bay. Page 3 Council/RDA Minutes (- Co 04/16/2002 ACTION ITEMS (Continued) Lizabeth Dixon, representing the Local 814 hotel employees and restaurant employees union, stated that she was one of 240 employees fired from her position at the Radisson Hotel, a Pacifica Host-owned property, as a result of termination of the existing operating contract by Pacifica. She asked the Council to carefully consider awarding the ENA to Pacifica Companies. Imelda Román, representing the Local 814 union, spoke about poor working conditions during her employ with Pacifica Host and asked the Council to take her comments into consideration before entering into the ENA with Pacifica. Betty Martin, 379 Jason Place, opposed the proposed project. She believed that restrictions would be placed on public access to the development and that additional schools, parks, and larger freeways would be required for the area. Peter Watry, 81 Second Avenue, urged the Council not to approve the proposed ENA, stating that it would destroy the chance for a viable bayfront plan. He believed that the proposed project would become a gated community for wealthy people. Jim Peugh, 2776 Nipoma Street, felt that there should be public input prior to entering into the ENA with the developer. He believed that the proposed development was too dense for the area and that providing high density access between various surrounding marshes would interfere with bird flights. He urged the Council not to enter into the agreement. Matt O'Malley, representing the Local 814 union, opposed approval of the ENA. He suggested that the Council facilitate an open public planning process that would integrate the entire Chula Vista bayfront, both the south campus and the mid-bayfront property to the north. He added that stakeholder planning meetings should be convened to incorporate workers, residents, and environmental advocates in the planning and revitalization of the bayfront. Torn Walsh stated that the Local 814 union joins with various other groups and environmental organizations against approval of the ENA. He believed that selecting Pacifica was not in the best interests ofChula Vista workers. Mr. Walsh read a letter from the National Labor Relations Board regarding the Radisson Hotel at Los Angeles Airport and then submitted copies of the letter to the Council. JefEatchel, representing the hotel restaurant union in San Diego, was opposed to the approval of the ENA, stating that the proposed project with Pacifica was not in the best interests of the community. Ian Gill, representing Bay Boulevard Associates, LLC., stated that the City is in need of a tax base, and the proposed project will create great opportunities that will be well served by trolley and freeway access. He recommended that the Council move forward with the ENA. Mitch Thompson, 5110 Glen Verde Drive, spoke regarding the public policy implications of the proposed project. He believed that a public benefits standard should be included in discussions with the developer, and he asked the Council to consider the issue of living wage standards when creating economic opportunities for businesses in the City. Page 4 Council/RDA Minutes 1-1 04/16/2002 ACTION ITEMS (Continued) Karla Gonzales, 721 Oaklawn Avenue #A, spoke against approval of the ENA, expressing concern regarding past employment practices by Pacifica. She stated that Chula Vista needs to be responsible for future jobs for its residents. Council! Agencymember Rindone asked staff to discuss the various bayfront opportunities that have been examined by both past and present Councils over the past 30 years. Mr. Salomone discussed major past projects, namely the Santa Fe Land, Barkett, and Crystal Bay projects. Agencymember Rindone explained that the land for the proposed project is not owned by the City, but by a private developer, who has a right to select a developer for a proposed development. The City has the choice of whether or not to approve proposed projects. He believed that it was prudent to look at serious proposals for the bayfront in order to ascertain whether or not they would provide amenities that would be appealing to the community. Council!Agencymenber Salas conveyed reservations regarding the proposed density, as well as environmental issues that have not been addressed. She also spoke to the issue of public access, stating that the community deserves a future plan that would be more access-friendly. She stated that she could not support the proposed ENA. Council! Agencymember Davis pointed out that the City has, throughout the years, gathered significant public input and provided community involvement regarding bayfront projects. She explained that it was important to look at smart growth for future development, and she supported moving forward with the ENA. Council!Agencymember Padilla stated that by working with the property owner, the City would be in a position to influence what occurs on the bayfront. He explained that the bayfront is critical to the success of Chula Vista as a community, and he believed that it was in the best interests of the City and its residents to engage the project proponent from the onset. Council! Agencymember Rindone spoke regarding public concerns related to union issues, stating that when the time comes, the Council has shown its efforts to be attentive in assuring quality jobs and opportunities in the community. Chair/Mayor Horton stated that smart growth has become a guide for all cities to resolve issues relating to poor infrastructure and traffic. She believed that it was important to move forward with the plan and to work together with the proponent, developer, City, and the community in developing the mid-bayfront. ACTION: Chair/Mayor Horton then offered Agency Resolution No. 1774, heading read, text waived. The motion carried 4-1, with Council! Agencymember Salas voting no. Chair/Mayor Horton announced a recess at 8:50 p.m. She reconvened the meeting at 9:10 p.m. with all Council! Agencymembers present. Page 5 Council/RDA Minutes I-?? 04/16/2002 ACTION ITEMS (Continued) 5. COUNCIL RESOLUTION NO. 2002-121 AND AGENCY RESOLUTION NO. 1775, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; DUDEK & ASSOCIATES, INC., CONSULTANT; NORTH CHULA VISTA WATERFRONT LP., APPLICANT, FOR LAND USE CONSULTING SERVICES RELATED TO THE PREPARATION OF A PROJECT EIR FOR THE MIDBAYFRONT PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant, North Chula Vista Waterfront LP., is to file a Specific Plan application for the mid-bayfront project, proposing 6.4 million square feet of mixed-use building area to consist of a mix of residences, retail/commercial uses, hotels and restaurants, recreational areas, and a community center. The Plarming & Environmental Services Manager in the Community Development Department has determined that the proposed project requires the preparation of an environmental impact report. It is requested that the Council and Redevelopment Agency approve the proposed contract with Dudek & Associates, Inc., for an amount not to exceed $194,325, to provide consultant services for the preparation of the CEQA-required environmental documents for the proposed project. (Director of Community Development) ACTION: Council/Agencymenber Padilla offered Council Resolution No. 2002-121 and Agency Resolution No. 1775, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR/MA YOR REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION Chair/Mayor Horton armounced that closed session was cancelled, and the following items were not discussed: 9. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 Page 6 Council/RDA Minutes (- q 04/16/2002 CLOSED SESSION (Continued) 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case. ADJOURNMENT At 9:15 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redevelopment Agency on April 23, 2002, at 6:00 p.m., immediately following the City Council meeting. S^!~IO!£~ity l~ (- (0 04/16/2002 Page 7 Council/RDA Minutes MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA April 23, 2002 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 7:03 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency /Councilmembers: Padilla, Rindone, Salas and Chair/Mayor Horton ABSENT: Agency/Councilmembers: Davis (excused) ALSO PRESENT: Executive Director/City Manager Rowlands, Senior Assistant City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES of March 19,2002, and March 26, 2002 Staff recommendation: Agency approve the minutes. 2. COUNCIL RESOLUTION NO. 2002-130, AND AGENCY RESOLUTION NO. 1776, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF CHULA VISTA/PORT MOU FUNDS IN THE AMOUNT OF $1,570,000 FOR SAN DIEGO UNIFIED PORT DISTRICT ACQUISITION OF A 1.81 ACRE PARCEL LOCATED AT BAY BOULEVARD AND "J" STREET The San Diego Unified Port District has entered into a purchase agreement to acquire a 1.81-acre vacant parcel located at the northeast comer of Bay Boulevard and "I" Street for $1,540,000, plus associated transaction costs estimated to be less than $30,000. The parcel is adjacent to Port tidelands and is strategically located between the "J" Street exit from Interstate 5 and the Port District's proposed 200-acre Chula Vista bayside development project. The terms of the agreement require that the Port give notice to escrow prior to May 1, 2002, to either proceed with the transaction or receive reimbursement of the $50,000 deposit that was placed into escrow to secure the property. (Director of Community Development) Staff recommendation: Council! Agency adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. /- ( { ORAL COMMUNICATIONS There were none. OTHER BUSINESS 3. DIRECTOR'S REPORTS There were none. 4. CHAIR/MA YOR REPORTS There were none. 5. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION Chair/Mayor Horton announced that closed session was cancelled, and the following item was not discussed: 6. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Tuchscher vs. City of Chula Vista, Superior Court, County of San Diego, San Diego Judicial District, Court Case No. GIC758620 ADJOURNMENT At 7:06 p.m., Chair/Mayor Horton adjourned the meeting to the Regular Meeting of the Redevelopment Agency on May 7, 2002, at 4:00 p.m., immediately following the City Council meeting. j~ vÝo.M.- r Susan Bigelow, CMC, City Clerk Page 2 Council/RDA Minutes (-(:J- 04/23/2002 PAGE 1, ITEM NO.: d- MEETING DATE: 05/07 /02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: AGENCY RESOLUTION APPROPRIATING $66,270 FROM THE BAYFRONT REDEVELOPMENT PROJECT FUND FOR PAYMENT TO AFFECTED TAXING AGENCIES CONSISTENT WITH HEALTH AND SAFETY CODE SECTION 33607.5 OF CALIFORNIA REDEVELOPMENT LAW SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR L¥--~\ ts REVIEWED BY: EXECUTIVE DIRECTO - Ví'" 4/STHS VOTE: YES0NOD BACKGROUND The Bayfront Redevelopment Plan Amendment No.5 was adopted in July 1998 to incorporate Added Area into the project area, permit the Agency to collect tax increment from the Added Project Area, and extend the time frame to incur debt and collect revenue from the Original Project Area. In accordance with Redevelopment Low, the 1998 Amendment obligated the Agency to comply with statutory taxing-agency payments for tax increment generated within both the Original Area and the Added Area. The purpose of this item is to appropriate $66,270 in "pass-through" payments to the taxing agencies triggered by Amendment No.5. RECOMMENDATION That the Agency approve the resolution appropriating $66,270 from the Bayfront Redevelopment Project Fund for payment to the affected taxing agencies consistent with Section 33607.5 of Redevelopment Low. BOARDS/COMMISSIONS RECOMMENDATION Not applicoble. DISCUSSION The Redevelopment Plan for the Bayfront Redevelopment Project Area was originally adopted on July 16,1974. Amendment No.5 to the Bayfront Redevelopment Plan was adopted on July 7,1998, and it amended and superseded all previous Bayfront Redevelopment Plans. The Amended Plan added new territory to the Project Area by incorporating approximately 398 acres of property within the jurisdiction of the Son Diego Unified Port District. It permitted the Agency to collect tax increment from the Added Area, while also extending the time frame to incur debt and collect revenue from the .;2.-1 PAGE 2, ITEM NO.: MEETING DATE: 05/07/02 Original Area. The Amendment has enabled the Project Area to generate additional tax increment revenue beyond what was permitted under the prior Plan. As a result of the 1998 Plan Amendment, the Agency is required to share a portion of its Non- Housing Fund revenue with the affected toxing agencies pursuant to Sections 33607.5 and 33607.7 of Redevelopment Law (Statutory Payments). For the Original Area, these Statutory Payments began in FYOO-01, which was the next fiscal year that followed the original expiration of the time limit in which debt could be incurred. Consistent with regulatory requirements, Statutory Payments for the Added Area started in FY99-00, which was the first fiscal year the Agency received tax increment revenue from the Added Area. The Statutory Payments are calculated based on a three-tiered formula set in Redevelopment Law, and only affect the annual amount of tax increment revenue in excess of amounts received in 1998- 99. All taxing agencies that levy taxes in the Project Area are entitled to these Statutory Payments. Between 1999-00 and 2042-43, these payments are projected to equal approximately 16% of the Agencys total tax increment revenues. Pass-through payments to the taxing agencies triggered by Amendment No.5 are current for the Original Area as required for the period from FYOO-01 to present. A totol of $66,270 in pass- through payments for the Added Area has been set-aside pursuant to Redevelopment Law for the period between FY99-00 and FY01-02. Approval of the resolution to appropriate the money obligated for the pass-through payments to the taxing agencies for the Added Area will enable the money to be remitted in accordance with statutory requirements. For FY02-03, pass-through payment for the Added Area is estimated at $38,000. This money will be appropriated through the FY02-03 budget process. FISCAL IMPACT The Bayfront Redevelopment Project Area pass-through set-aside funds will be used to pay $66,270 to the affected taxing agencies for a percentage of annual non-housing tax increment revenue generoted within the Added Project Area in accordance with Section 33607.5 of Redevelopment Law. J:\COMMDEV\STAFF.REP\O5-07-02\Bayfcont Tax Increment Agendo Statement, 5-7-02.doc d,-J... RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $66,270 FROM THE BAYFRONT REDEVELOPMENT PROJECT FUND FOR PAYMENT TO AFFECTED TAXING AGENCIES CONSISTENT WITH HEALTH AND SAFETY CODE SECllON 33607.5 OF CALIFORNIA REDEVELOPMENT LAW WHEREAS, the Bayfront Redevelopment Plan Amendment No.5, adopted in July 1998 incorporated Added Area into the project, permitted the Agency to collect tax increment from the Added Project Area, and extended the time frame to incur debt and collect revenue from the Original Project Area; and WHEREAS, Amendment No.5 obligated the Agency to comply with statutory taxing-agency payments for tax increment generated within Both the Original Area and the Added Area; and WHEREAS, pass-through payment to the taxing agencies triggered by Amendment No.5 are current for the Original Area as required for the period from FYOO-01 to present: and WHEREAS, money for the pass-through payments for the Added Area has been set-aside pursuant to Redevelopment Law for the period between FY99-00 and FY01-02; and NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby appropriate $66,270 obligated for the pass-through payments to the taxing agencies for the Added Area to enable the money to be remitted in accordance with statutory requirements. PRESENTED BY APPROVED AS TO FORM BY Chris Salomone Director of Community Development J:\COMMDEVlRESOS\Pass-through payments. doc .;2--3 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ..3 MEETING DATE: 05/07/02 ITEM TITLE: PUBLIC HEARING TO CONSIDER GRANTING AN OWNER PARTICIPATION AGREEMENT AND SPECIAL USE PERMIT WITH ANTHONY RASO FOR THE DEVELOPMENT OF AN APPROXIMATELY B,70,O SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFE AND CALIFORNIA GAME CENTER) AT 2B9 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR \,..\.ð-..{ì-.¡c..S /'v REVIEWED BY: EXECUTIVE DIRECTOR~I~ vI'-" ~ 4/5THS VOTE: YES D NO ~ That the public hearing be opened and continued to the Redevelopment Agency meeting of June 4, 2002. ..3 -/