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HomeMy WebLinkAboutRDA Packet 2002/11/05 ~{f?. ~..--: -::.- ::: crlY OF CHUlA VISfA TUESDAY, NOVEMBER 5, 2002 COUNCIL CHAMBERS 4:00 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, Padilla, Rindone, Salas; Chair 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 - October 8,2002 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $20,000 FROM THE MERGED PROJECT FUND TO THE OTAY VALLEY ROAD PROJECT AREA PROFESSIONAL SERVICES ACCOUNT (65130-6301) FOR THE PURPOSE OF RETAINING STRADLING YOCCA CARLSON & RAUTH, A PROFESSIONAL CORPORATION. ATTORNEYS AT LAW TO PROVIDE LEGAL SERVICES RELATED TO THE EXPANSION OF THE CHULA VISTA AUTO PARK - The Borst/Greenwald Auto Park expansion area is located immediately east of the existing auto dealers on Main Street and Auto Park Drive in the Otay Valley Redevelopment Project area. The expansion will encompass approximately 25-acres and includes the site of the old Chula Vista animal shelter. The proposed project will include five dealerships, a gas station, and locations for two restaurants, plus one other auxiliary use. [Community Development 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 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 iobby 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, 3. DIRECTOR'S REPORT(S) 4. CHAIR/MAYOR REPORTlS) 5. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on November 12, 2002, at 6:00 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 tor scheduled services and activities, Please contact the Secretary to the Redevelopment Agency for specific information at 1619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at 1619) 585-5647, California Relay Service is also available for the hearing impaired, Redevelopment Agency, Novernber 5, 2002 Page 2 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA October 8, 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 7:10 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 l. APPROVAL OF MINUTES - September 10 and September 17, 2002 Staff recommendation: Agency approve the minutes. 2. COUNCIL RESOLUTION NO. 2002-398 AND AGENCY RESOLUTION NO. 1798, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING A CONTRACT WITH MBIA MUNI SERVICES COMPANY FOR THE PURPOSE OF CONDUCTING A PROPERTY TAX AUDIT IN THE CITY OF CHULA VISTA The accurate allocation of property taxes is essential to the funding of the City of Chula Vista and its Redevelopment Agency. MBIA Muni Services Company has expertise and experience in conducting property tax auditing services for cities and redevelopment agencIes. Based on their expertise and past experience with the City, and due to the commission-only basis of the contract, the competitive selection process has been waived. (Community Development Director) Staff recommendation: Agency/Council adopt the resolution. ACTION: Chair/Mayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none, 1-( ACTION ITEMS 3. PROGRESS REPORT ON PRELIMINARY WORK ACTIVITIES UNDERTAKEN BY THE CITY TO DEVELOP A BROADWAY REVITALIZATION STRATEGY In 1998, the Broadway corridor was identified by Council as one of the City's seven major areas in need of improvement. The purpose and intent of the Broadway revitalization is to implement a comprehensive revitalization effort along the entire Broadway corridor and major City entryways to reverse deteriorating conditions, support the vitality of commercial establishments, and enhance the visual quality of the urban environment. An interdepartmental revitalization team has been established to provide guidance throughout the entire process. General Plan staff will also report on initial land use issues identified in western Chula Vista to provide an understanding of how the General Plan update effort will present a broader, long-tenn perspective and context for the Broadway revitalization study. (Community Development Director) Community Development Specialist Del Valle presented the Broadway revitalization proj ect. Community Development Director Salomone stated that staff would provide a project progress report every four to six weeks. Chair/Mayor Horton asked staff to pay particular attention to the City's proliferation of signs, particularly on Broadway, and to examine the establishment of a unifonn sign policy. Agency/Councilmember Padilla stated that as the City moves forward with revitalization in western Chula Vista, it needs look beyond City government to seek unique new partnerships within the private sector, which he believed would better serve the community as a whole. Agency/Councilmember Davis stated that the City's sign ordinance needs to be revamped to make compliance with its provisions less complicated for businesses. She also urged staff to educate and infonn the Broadway business owners of the different avenues and sources of funds available. Agency/Councilmember Rindone emphasized the need to move forward with the plan, which he believed would make a significant difference to the community. Agency/Councilmember Salas suggested the possibility of bringing the pennitting, processing and planning components for redevelopment projects into the Community Development Department. ACTION: Ag en cy / Co uncilm ember Rindone moved to accept the report. Agency/Councilmember Padilla seconded the motion, and it carried 5-0. Senior Special Planning Projects Manager Lettieri presented a General Plan update and issue identification for western Chula Vista, Agency/Councilmember Rindone suggested that the Coors Amphitheatre, the water park, the expansion of the auto park and the surrounding area be included in the study. He spoke regarding the lack of support services in the area, namely hotels and restaurants, and he urged staff to include these in the comprehensive issues report. Senior Planner Batchelder clarified that the emphasis of the presentation by Mr. Lettieri was mainly on western Chula Vista and that a report on eastern Chula Vista would be presented at a future Council Meeting, Page 2 CouncillRDA Minutes (-~ 1010812002 ACTION ITEMS (Continued) 4. PROGRESS REPORT ON THE FEASIBILITY STUDY FOR THE REDEVELOPMENT OF ENERGY WAY IN THE OTAY VALLEY REDEVELOPMENT PROJECT AREA, AS PART OF AN AGENCY INITIATIVE ON OPEN STORAGE USES IN REDEVELOPMENT PROJECT AREAS The Otay Valley Redevelopment Project Area Implementation Plan for the years 2000- 2004 noted that existing auto wrecking and recycling operations on Energy Way have special use permits (SUPs) that expire in 2004 - 2006. The implementation plan calls for the evaluation of the potential for alternative uses on Energy Way and analysis of considerations for the possible extension of those SUPs, should extensions be requested. (Community Development Director) ACTION: Agency/Councilmember Davis moved to accept the report, Agency/Councilmember Rindone seconded the motion, and it carried 4-0, with Chair/Mayor Horton absent ftom the dais, 5. COUNCIL RESOLUTION NO, 2002-399 AND AGENCY RESOLUTION NO. 1799, RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A JOINT PLANNING AGREEMENT WITH THE PORT DISTRICT; ACKNOWLEDGING THAT THE PORT DISTRICT PROPOSES TO ISSUE A REQUEST FOR QUALIFICA TIONS/PROPOSALS TO OBTAIN LAND USE PLANNING CONSULTANT SERVICES FOR THE PREPARATION OF THE CHULA VISTA BAYFRONT (PORT PROPERTIES) MASTER PLAN; AND DIRECTING STAFF TO REQUEST THAT THE PORT DISTRICT REALLOCATE CITY/PORT MOU FUNDS FOR THE CITY'S SHARE OF THE CONSULTANT CONTRACT On June 26, 2002, at a joint workshop of the Board of Port Commissioners and Chula Vista City Council, City and Port staff were directed to proceed with a master pan study for the Port properties in the Chula Vista bayftont. The proposed joint planning agreement formalizes the working relationship between the Port and City for this effort. In addition, a next step in the master planning process is to retain a land use planning consultant to assist staff in developing a master plan. Through the joint planning agreement, the City and Port agree to equally share in the costs associated with the master plan study, (Community Development Director) This item was taken out of order and considered prior to Item #3. Port Commissioner Hall reported that the resolutions were approved unanimously by the Port District and also commented on the excellent working relationship between City and Port staff. ACTION: Agency/Councilmember Davis offered Council Resolution 2002-399 and Agency Resolution 1799, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. Page 3 CoWlciVRDA Minutes 1-3 10/08/2002 OTHER BUSINESS (Continued) 7. CHAIR/MA YOR REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. ADJOURNMENT At 8:10 p.m" Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of the Redevelopment Agency on October 22, 2002, at 6:00 p.m., immediately following the City Council meeting, ~~~J. (9- Susan Bigelow, CMC, City Clerk Page 4 CounciVRDA Minutes 1-1 10/08/2002 PAGE I, ITEM NO.: .;;;. MEETING DATE: 11/05/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TIllE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $20,000 FROM THE MERGED PROJECT FUND TO THE OTAY VALLEY ROAD PROJECT AREA PROFESSIONAL SERVICES ACCOUNT (65130-6301) FOR THE PURPOSE OF RETAINING STRADLING YOCCA CARLSON & RAUTH, A PROFESSIONAL CORPORATION, ATTORNEYS AT LAW TO PROVIDE LEGAL SERVICES RELATED TO THE EXPANSION OF THE CHULA VISTA AUTO PARK SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR wmÇS' REVIEWED BY: EXECUTIVE DIRECTOR f:7.-I 4/5THS VOTE: YES 0 NO D BACKGROUND The Borst/Greenwald Auto Park expansion area is located immediately east of the existing auto dealers on Main Street and Auto Park Drive in the Otay Valley Redevelopment Project area, The expansion, which is being processed by the Community Development Department as a Specific Plan, will encompass roughly 25-acres and include the site of the old Chula Vista animal shelter. The project, as currently proposed, will include five dealerships, a gas station and locations for two restaurants and one other auxiliary use. Because it is anticipated that the City will transfer the animal shelter property into the Borst/Greenwald project, a Development and Disposition Agreemenf must accompany the entitlements. The anticipated complexity of the agreemenf and current time demands on the City Attorney's office has led to an interest in retaining qualified outside legal counsel. RECOMMENDATION If is recommended that the Redevelopment Agency adopt the resolution appropriating $20,000 from the Merged Project Fund to fhe Otay Valley Road Proiect Area Professional Services Account (65130-6301) for the purpose of retaining Stradling Yocca Carlson & Rauth, A Professional Corporation, Attorneys at Law to provide legal services related to the expansion of the Chula Vista Auto Park. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. d.-( PAGE 2, ITEM NO.: MEETING DATE: 11 /05/02 DISCUSSION Project activity has dramatically increased in the Otay Valley Redevelopment Project area this year. Staff is currently processing entitlements for the former Darling Delaware site (auto park expansion area) and the Borsf/Greenwald Auto Park Expansion - both of which are now expected to be befare fhe Agency for approval in the first quarter of 2003. Recently, a feasibility study for fhe redevelopment of Energy Way was completed and new developmenf conditions for fhe auto wrecker/recyclers are being prepared far City/Agency review. Additionally, study is underway to incorporate portions of the proiect area into the Otay Valley Regional Park, staff is holding pre- development meetings for a commercial project on fhe Davies site immediafely adjacent to the 1- B05 interchange, is undertaking planning for a master landscape/streetscape design for the proiect area, is working on a second phase of construction in the landscaped median between Nirvana and Heritage Roads, and is working with stakeholders fo determine the feasibility of establishing a Property Based Improvement District for portions of the project area. Due to the increased activity and number of projects underway, the 2001-2002 budget for Professional Services for fhe project area is inadequate. Staff is requesting that an additional $20,000 be appropriated to the Otay Valley Road Project Area Professional Services line item to cover the additional work needed for the Auto Park expansion project. Specifically, these monies will be used to pay for oufside legal to negotiate and write fhe Disposition and Development Agreement for the Borst/Greenwald Auto Park expansion immediafely east of the existing Chula Vista Auto Park, FISCAL IMPACT This resolution would appropriate $20,000 from the Merged Project Fund to the Otay Valley Road Project Area Professional Services Account (65130-6301). ATTACHMENTS legal services proposal from Stradling Yocca Carlson & Rauth J:\COMMDEV\STAFF.REP\ 11-O5-02\Agency - auto park DDA legal services apprap.dac d-~ RESOLUTION NO, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $20,000 FROM THE MERGED PROJECT FUND TO THE OTAY VALLEY ROAD PROJECT AREA PROFESSIONAL SERVICES ACCOUNT (65130-6301) FOR THE PURPOSE OF RETAINING STRADLING YOCCA CARLSON & RAUTH, A PROFESSIONAL CORPORATION, ATTORNEYS AT LAW TO PROVIDE LEGAL SERVICES RELATED TO THE EXPANSION OF THE CHULA VISTA AUTO PARK WHEREAS, the City Attorney of the City of Chula Vista has determined outside legal counsel is required to complete a Development and Disposition Agreement for the BorsUGreenwald expansion of the Chula Vista Auto Park an Main Street in the Otay Valley Redevelopment Project Area; and WHEREAS, Stradling Yocca Carlson & Rauth is uniquely qualified to provide such legal services and has proposed to complete the project at a cast of $20,000; and WHEREAS, the City Attorney's office has pre-qualified Stradling Yocca Carlson & Rauth as a legal consultant for the City; and WHEREAS, the BorsUGreenwald eJ<pansion of the Chula Vista Auto Park is expected to be presented for approval by the Redevelopment Agency prior to the end of the current fiscal year. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby appropriate $20,000 from the Bayfront Project Area Professional Services Account (61120-6301) to the Otay Valley Road Project Area Professional Services Account (65130- 6301) for the purpose of retaining Stradling Yocca Carlson & Rauth, A Professional Corporation, Attorneys at Law, to provide legal services related to the expansion of the Chula Vista Auto Park, PRESENTED BY APPROVED AS TO FORM BY ,!)au Chris Salomone Director of Community Development J:\COMMOEVIRESOS\A-Auto Park OOA legal approp.doc ¿(-3 STRADLING YOCCA CARLSON & RAUTH A PROFESSIONAL CORPORATION SAN FRANCISCO OFFICE ATTORNEYS AT lAW .. MONTGOMERY STREET SUITE "00 SAN FRANCISCO. CALIFORNIA '41" CELESTE STAHL BRAOY 660 NEWPORT CENTER ORIVE, SUITE 1600 ""'HONE ""I "'-2240 FAC.,MlLE ""I ",-"" DIRECT DIAL: (949) 725-4141 NEWPORT BEACH, CA 92660..422 SANTA BARBARA OFFICE CSBRAOY@SYCR.COM TELEPHONE (949) 725-4000 '"' OLIVE STREET FACSIMILE (94S) 725-4100 SANTA BARBARA. CALIFORNIA "'" TELEPHONE ""1",.0065 FACSIMILE ""I ",."" October 16, 2002 BY FEDERAL EXPRESS Patricia Beard, Senior Community Development Specialist Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Re: Proposal and Estimate to Provide Legal Services on Borst-Greenwald Auto Park South Project Dear Pat: This letter proposal is provided in follow-up to the conference call on October 9, 2002 among you, Glen Googins, Lyle Haynes, and me about the proposed Borst-Greenwald Auto Park South Project ("Project"). You indicated you would try to obtain and provide me some additional documents about the Project, such as the appraisal, a copy of the agreement between Borst and Greenwald, if available, any internal reports or memos, etc., thus this proposal is subject to revision based on the follow-up information you may be able to obtain, We are pleased to continue to provide the City and its Redevelopment Agency special counsel legal services, and, in particular, to submit an estimate of legal services to complete a Disposition and Development Agreement ("DDA") between the City and the Bennet Greenwald development entity ("Developer") related to potential development of the Project. As we discussed and as noted in your summary memo to me dated October 7, 2002, Developer representatives and staff have not yet negotiated the specific parameters of the development or the disposition of City-owned property (former Animal Shelter site) as a part of the transaction. You asked we provide a proposal of the estimated cost of legal services to prepare the DDA and related tasks for the project. These estimates are based on our current billing rate for my (and Kurt Yeager's) services ($235/hr). We estimate the time and cost to attend meetings and teleconferences to negotiate the disposition and development terms and reach agreement on the DDA with Developer representatives will be about six (6) three (3) hour meetings and two (2) staff only meetings of two (2) hours each (plus travel time, if requested to come to Chula Vista), all as directed by staff, for a total of abont 22 hours (plus travel time) or $5170.00. As we learned from the Gateway transaction, deal points evolve and change through negotiations, and thus numerous versions of an agreement are often required. We will presume that three (3) versions of the DDA (initial draft, one redraft, one final redraft) will be necessary. We estimate the time and cost to provide the three (3) versions is about 50 hours or $11,750.00, DOCSOC\927396vl\24212.0005 c:¿-1 Patricia Beard, Senior Community Development Specialist Redevelopment Agency oftke City ofCkula Vista October 16, 2002 Page Two Separate from the estimated cost to attend negotiating sessions with staff and the developer and to prepare the DDA, we include the following estimate for attendance at one City Council meeting at six (6) hours (including travel time), as directed by staff, and for six (6) hours of telephonic advice with staff and Developer counsel on the Project, which totals about twelve (12) hours or $2784.00. We do not provide any hours or estimate relating to implementation of the DDA, if approved, but note there is often significant time expended on implementation. For example, relating to escrow and title matters during implementation, often we provide assistance with (or City staff would proceed with) matters such preparation of supplemental escrow instructions, review of and undertaking due diligence concerning the preliminary title report on the proposed development site, working with title company and escrow officer on resolving matters, reviewing submittals and compliance with conditions precedent, preparing UCC financial filings, and preparing related escrow documents, The foregoing estimates are simply estimates and are provided under the presumption that additional issues and tasks are not included. As work is requested by staff it will be undertaken and billed at the regular hourly rates. We will keep you apprised of the fees and hours expended as the Project progresses through the finn's monthly billings, separated by matter, and itemized to the tenth of an hour. A new matter has been opened for the Borst-Greenwald Auto Park South Project, As we all understand and as history has proven, circumstances vary with every project and it is not possible to foresee the full scope of work necessary for a project at its initiation. Previous projects have evidenced the need for additional work as additional issues and tasks arise. The above cast estimates are exclusive of copying charges, telecommunications, delivery, and other separate costs and disbursements, In conclusion, subject to the foregoing limitations, the total estimated time for hourly legal services at $235,00 per hour, as separately described above, for the Project is $19,740. When you have any additional follow-up documents, please forward for my review. Thank you for the opportunity to provide the City this estimate. We look forward to continuing to work with you on community development projects. Very truly yours, 8~'OCCA CARLSON & RAUTH .~~ C ES BRAD cc: Glen R. Googins, Esq" Assistant City Attorney Lyle Haynes, Assistant Executive Director E, Kurt Yeager, Esq. DOCSOC\927396v 1\24212.0005 c2-S'