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HomeMy WebLinkAboutRDA Packet 2002/09/17 ~M~ -T!- --..;::: - CllY OF CHULA VISTA TUESDAY, SEPTEMBER 17, 2002 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) , JOINT MEETING OF THE REDEVELOPMENT AGENCY J 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 Is) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council 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. JOINT AGENCY/COUNCIL RESOLUTION APPROVING THE 2002 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING FUNDS THEREFORE; AWARDING A PURCHASE AGREEMENT TO DEKRA-LlTE, INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2002 HOLIDAY LIGHTING PROGRAM - In 1998, the City initiated the Holiday Lighting Program in response to the end of the holiday lighting and displays on Candy Cane Lane. A Request for Proposal was prepared to solicit bids from specialty lighting and decoration companies. In October 1998, Dekra-Lite Industries, a holiday lighting and decoration company based in Santa Ana, was selected due to their ability to meet the Request for Proposal's program goals, the excitement and quality of their design, and project cost. For the last three years, Dekra-Lite has worked diligently with the City in implementing the Holiday Lighting Program and the City has been satisfied with their performance. [Community Development Director] 4/5THS VOTE REQUIRED STAFF RECOMMENDATION: Agency/Council adopt the resolution. 2. JOINT AGENCY/COUNCIL RESOLUTION AMENDING THE FISCAL YEAR 2003 BUDGET BY APPROPRIATING $240,000 IN THE MERGED PROJECT AREA FROM UNANTICIPATED PROCEEDS FROM THE 2000 TAX ALLOCATION BOND FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE BAYFRONT/TOWN CENTRE I PROJECT AREA; AND APPROPRIATING $240,000 IN THE BAYFRONT/TOWN CENTRE I PROJECT AREA FROM UNANTICIPATED ADVANCE REPAYMENTS FOR THE DOWNTOWN MONUMENT SIGN PROJECT - The Downtown Monument Sign is the culmination of proactive business efforts from the downtown business community, and recent and proposed redevelopment activities that is steadily transforming downtown into a vibrant central business district. Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the City to provide design expertise. A series of meetings with city staff and downtown stakeholders determined the type and design, and the location for the installation of the sign. [Community Development Director] 4/5THS VOTE REQUIRED STAFF RECOMMENDATION: Agency/Council adopt the resolution. 3. AGENCY RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH PEOPLE'S CHEVROLET AND APPROPRIATING $53,895 THEREFORE FROM THE UNAPPROPRIATED BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET AND AUTHORIZING PAYMENT OF $12,420 FROM THIS AMOUNT TO THE SEWER FUND FOR SEWER PUMP STATION CHARGES - The Development and Disposition Agreement for Chula Vista Auto Park Phase I requires the City of Chula Vista Redevelopment Agency to pay incentives to auto dealers if certain sales tax receipt thresholds are exceeded. In 2000 and 2001, Peoples Chevrolet exceeded the sales tax receipt threshold. Payments are due on sewer pump station charges from People's Chevrolet, and the Agency and People's Chevrolet have reached an agreement to settle these charges. [Community Development Director] 4/5THS VOTE REQUIRED STAFF RECOMMENDATION: Agency adopt the resolution. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, Council, staff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. 4. CONSIDERATION OF RESPONSES TO WRITTEN OBJECTIONS, NEGATIVE DECLARATION, AND FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT - In light of issues raised by some residents and business owners in the project area, staff is recommending that this Redevelopment Agency, September 17, 2002 Page 2 item be continued until November 12, 2002, to a joint meeting of the Redevelopment Agency and City Council. This additional time period will give staff an opportunity to better respond to concerns that have been raised and to present the Agency and Council some alternatives on how to respond to these concerns. 4/5THS VOTE REQUIRED STAFF RECOMMENDATION: Agency/Council continue this item to the meeting of November 12, 2002. 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. IState 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. 5. DIRECTOR'S REPORTlS) 6. CHAIR/MAYOR REPORT(S) 7. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to the regular meeting of the Redevelopment Agency on October 1, 2002, 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 IADA), 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 ITDD) at 1619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, September 17, 2002 Page 3 PAGE 1, .TEM NO.: I MEETING DATE: 09/17/02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT AGENCY/COUNCIL RESOLUTION APPROVING THE 2002 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING FUNDS THEREFORE; AWARDING A PURCHASE AGREEMENT TO DEKRALITE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2002 HOLIDAY LIGHTING PROGRAM SUBMITTED BY: COMMUNITY D PMENT DIRECTOR ~~ C:s REVIEWED BY: CITY MANAGER 4/5THS VOTE: YES 0 NO D BACKGROUND The city's Holiday Lighfing Program was initiated in 1998 in response to the end of the holiday lighting and displays that took place for many years on Candy Cane lane at Guava Avenue. Downtown business merchants originally proposed the idea of downtown holiday lighting. Concerns raised by the merchants resulted in Council directing staff to work with the Downtown Business Association to develop a festive holiday program for the downtown area. A Request for Proposal (RFP) was subsequently prepared to solicit bids from specialty lighting and decoration companies. Dekra-lite Industries, a holiday lighting and decoration company based in Santa Ana, was eventually selected due to their ability to meet the RFP's program goals, the excitement and quality of their design, and project cost. Dekra-Lite has since then worked diligently with the city in implementing this popular downtown annual activity. For the past three years, the city has issued a purchase order to Dekra-lite for continuing the Holiday lighting Program. Additional business with Dekra-Lite requires Council/Agency approval. Therefore, staff is requesting that Council/Agency waive the formal bidding process and award a purchase agreement to Dekra-lite to implement the 2002 Holiday Lighting Program, with an option to renew for subsequent holiday seasons. This recommendation is based on the limited market for this type of service, Dekra-lite's past satisfactory performance, and because they had supplied the original holiday lights, displays, and banners. RECOMMENDATION Council/Agency adopt a resolution: 1. Approving the 2002 Holiday lighting Program; 2. Authorizing waiving the formal bidding process and awarding a purchase agreement to Dekralite Industries; 3. Appropriating $23,000 from the Fine Arts Fund, $40,935 from the Residential Construction Tax Fund, and $17,061 from the Town Centre I Fund; and 4. Directing staff fo implemenf fhe 2002 Holiday Lighfing Program. /-1 PAGE 2, ITEM NO.: MEETING DATE: 09/17/02 BOARDS/COMMISSIONS RECOMMENDATION In early August 2002, staff presented the 2002 Holiday Lighting Program to both the Downtown Business Association and the Town Centre Project Area Committee. There was no opposition to the proposed program. DISCUSSION The Holiday lighting Program is a continued effort undertaken by the City to celebrate the holiday season. During the first two years of this program, Dekra-lite decorated the downtown area with a variety of colorful holiday lights, displays, and thematic banners. The program has since been expanded each year to include holiday lighting for three freeway overpasses (H Street at 1-5, and H and J Streets at 1-805), additional tree lighting and decorations in the downtown area, and an illuminated patriotic American flag in Memorial Park. The County of San Diego also provided funding to decorate the South Bay Superior Courthouse and adjacent cobra light standards for the first time last year. Except for several new additions, the 2002 Holiday lighting Program is identical to last year's program. New to this year's program is the installation of holiday lighting to seven palm trees and 20 branch trees located in the median of Memorial Way, and holiday lighting and decorations to the tree located in front of the Mayor's Office at City Hall. Additionally, the four light poles that surround the fountain area of City Hall will be decorated. The primary funding sources utilized to implement past Holiday lighting Programs has included the Residential Construction Tax (RCT) Fund, and the Fine Arts Fund and the Town Centre I Fund (materials only). The same funding sources are proposed to implement this year's program. The Fiscal Impact section of this report provides a break down of the costs associated with implementing this year's program. Part of the program involves installing downtown tree lights in mid-October and keeping them up until April to correspond to daylight savings time. The 2002 Holiday lighting Program will officially commence following the conclusion of the Downtown Starlight Yule Parade, which usually takes place on the first Saturday of December. Due to Dekra-lite's business centering on the holidays and their customers requiring the same installation dates, Dekra-lite accommodates requests on a first come, first serve basis. As a result, Dekra-lite has requested that the City provide them with a purchase order by the end of September 2002 to secure installation dates. FISCAL IMPACT The total cost to implement the 2002 Holiday lighting Program is $80,996. Staff has identified $23,000 of Fine Arts funds, $40,935 of RCT Funds, and $17,061 from the RDA Town Centre I Fund (materials only), to pay for the costs associated with implementing the 2002 Holiday lighting Program. Please note that Redevelopment (Town Centre) funds can only be used to pay for materials (not labor). Additionally, monies from the Fine Arts Fund can only be used to fund projects within the Town Centre project area. Therefore, a portion of designated RCT Funds will cover all the costs associated with lighting the freeway overpasses. The following provides a breakdown of the costs associated with implementing the 2002 Holiday lighting Program. Not included in the breakdown is the $2,125 estimate to decorate the South I - d-... PAGE 3, ITEM NO.: MEETING DATE: 09/17/02 Bay Superior Courthouse and adjacent cobra light standards, which the Downtown Business Association will assume. PRODUCT LABOR/ COSTS SERVICES DEKRA-LiTE PROPOSAL: COSTS Freeway Overpass Lighting (3) 3,150 Tree Lighting 6,840 22,500 Third Avenue Displays ond Decorations 1,686 15,621 Memorial Park Displays and Decorations 1,180 10,495 Public Parking lot Banners and Decorations 2,800 2,859 Memorial Way/City Hall lighting and Decorations 2,813 6,860 Electrician for installation 1,600 Cleaning of parking lot, Third Avenue banners, bell pole 850 decorations, & tree pole decorations 2 new digital timers for displays 120 SUBTOTAL DEKRA-LiTE PROPOSAL $15,439 $63,935 APPLICABLE SALES TAX AND SHIPPING $1,197 SHIPPING $425 SUBTOTAL $17,061 TOTAL $80,996 J,\COMMDEY\STAFF,REP\09- 17-02\2002 Holidoy lighting Pmgmm,doc /-.3 AGENCY RESOLUTION NO, AND COUNCIL RESOLUTION NO, JOINT AGENCY/COUNCIL RESOLUTION APPROVING THE 2002 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING FUNDS THEREFORE; AWARDING A PURCHASE AGREEMENT TO DEKRALITE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2002 HOLIDAY LIGHTING PROGRAM WHEREAS, the City of Chula Vista initiated the Holiday Lighting Program in 1998 in response to the end of the holiday lighting and displays on Candy Cane Lane; and WHEREAS, a Request for Proposal was prepared to solicit bids from specialty lighting and decoration companies; and WHEREAS, in October 1998, Dekra-Lite Industries, a holiday lighting and decoration company based in Santa Ana, was selected due to their ability to meet the Request for Proposal's program goals, the excitement and quality of their design, and project cost; and WHEREAS, Dekra-Lite has since then worked diligently with the City in implementing the Holiday Lighting Program; and WHEREAS, for the last three years, the City issued a purchase order to Dekra-Lite to continue the Holiday Lighting Program due to the limited market for this type of service, Dekra-Lite's past satisfactory performance, and because they had supplied the original holiday lights, displays, and banners; and WHEREAS, additional business with Dekra-Lite requires City Council and Redevelopment Agency approval; and WHEREAS, staff has identified $23,000 of Funds Arts Funds, $40,935 of RCT Funds, and $17,061 from the RDA Town Centre I Fund (materials only), to pay for the costs associated with implementing the 2002 Hoiiday Lighting Program; and WHEREAS, staff is requesting that the City Council and Redevelopment Agency waive the formal bidding process and award a purchase agreement to Dekra-Lite to implement the 2002 Holiday Lighting Program, with the option to renew for subsequent holiday seasons; and WHEREAS, the City Council and the Redevelopment Agency have reviewed the proposed 2002 Holiday Lighting Program as presented in the Joint Redevelopment Agency/City Council Agenda Statement dated September 17, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redeyelopment Agency of the City of Chula Vista does hereby: 1, Approving the 2002 Holiday Lighting Program; 2, Authorizing waiYing the formal bidding process and awarding a purchase agreement to Dekralite Industries; 3, Appropriating $23,000 from the Fine Arts Fund, $40,935 from the Residential Construction Tax Fund, and $17,061 from the Town Centre I Fund; and 4, Directing staff to implement the 2002 Holiday Lighting Program, Presented by Chris Salomone Director of Community Development J:\COMMDEVIRESOSI2002 Holiday Lighting,doc 1-'-1 II II . 1111 II II . .. . ~ - ,~;, . . . ,t£'., ' ;, :..;;r , :,-~~/: ~:'~#~1 '::~!. -,' I' ",: ,W . . . """:..'i': ~~;; ...., ;...,.;>_4~~J't1JI' JI t ¡- " , ,,-"'" ..~ r" .1 'y ~: -.aifl' - .:~.. * I : "---' . -. . - - .- . . -. . . ~ . . Memol'iC11 PC1l'k ~+ .'..' ~~~. . , "r:r . " " ,:',':, ' .,', ;" ..,," '" ,~'~"", '..; , \J, .' 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MEETING DATE: 09/17/02 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ITEM TITLE: JOINT AGENCY/COUNCIL RESOLUTION AMENDING THE FISCAL YEAR 2003 BUDGET BY APPROPRIATING 5240,000 IN THE MERGED PROJECT AREA FROM UNANTICIPATED PROCEEDS FROM THE 2000 TAX ALLOCATION BOND FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE BAYFRONT/TOWN CENTRE I PROJECT AREA; AND APPROPRIATING $240,000 IN THE BAYFRONT/TOWN CENTRE I PROJECT AREA FROM UNANTICIPATED ADVANCE REPAYMENTS FOR THE DOWNTOWN MONUMENT SIGN PROJECT SUBMITTED BY: COMMUNITY DEVELOPM T DIRECTOR 4~ ~ REVIEWED BY: EXECUTIVE DIRECTOR z 4/5THS VOTE: YES ~NOD BACKGROUND The downtown monument sign is part of a comprehensive effort to revitalize and beautify downtown Chula Vista. 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. The design work was initiated in early February when Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the city to provide design expertise. A series of meetings with city staff and downtown stakeholders enabled Graphic Solutions to design a unique crossover sign that incorporates an image of a sun and waves similar to the city's logo. The meetings also provided the opportunity to discuss and eventually select the proposed location for installation of the sign, which is located at the narrowest segment of Third Avenue between "F" and "G" Streets. On June 4, 2002, Agency/Council unanimously voted in favor of the concept design for the monument sign, and the proposed location for installation. At the direction of Agency/Council, Graphic Solutions enlarged the image of the sun and waves so that they wouldn't appear concealed within the overall sign logo. Attachment 1 and 2 illustrates the monument sign design concept, and the nighttime version of the sign. Attachment 3 identifies the location where the monument sign will be installed. d-I PAGE 2, ITEM NO.: MEETING DATE: 09/17/02 Staff is requesting that Agency/Council consider funding the sign from the 2000 Tax Allocation Bond Issue. If approved, Graphic Solutions will finalize design intent drawings and specifications for the monument sign sufficient for fabrication by a qualified sign fabricator. Graphic Solutions will also provide construction administration, and will assist sfaff in the selection process for a qualified sign fabricator. Sign fabrication, construction, and final inspection are slated for completion by early next year. The Community Development Department's Planning and Environmental Manager has determined that the project is categorically exempt from the California Environmental Quality Act under Class 3 of Section 15303(c), which refers to the new construction of small structures. The proposed project is consistent with the city's General Plan, Zoning Ordinance, Town Centre I Redevelopment Plan, and Town Centre land Use Policy, RECOMMENDATION Agency/Council approve a resolution amending the fiscal year 2003 budget by appropriating $240,000 in the Merged Project Area from unanticipated proceeds from the 2000 Tax Allocation Bond for repayment of outstanding advances from the Bayfront/T own Centre I Project Area; and appropriating $240,000 in the Bayfront/T own Centre I Project Area from unanticipated advance repayments for the Downtown Monument Sign Project. BOARDS/COMMISSIONS RECOMMENDATION On April 10, 2002, the Town Centre Project Area Committee unanimously voted in favor of the concept design for the Downtown Monument Sign, and the proposed location for installation. Please note that the PAC serves as the recommending body to the City's Redevelopment Agency in regards to planning and/or redevelopment matters in the Town Centre Redevelopment Area, therefore not requiring a public hearing with the City's Planning Commission to consider this item. The concept design, and the proposed location is supported by the following groups: Downtown Business Association (DBA), DBA Design Committee, Cultural Arts Committee, Chula Vista Chamber of Commerce, and the Chula Vista Design Review Committee. On June 4, 2002, the Agency/Council unanimously voted in favor of the concept design for the Downtown Monument Sign, and the proposed location for installation. DISCUSSION The Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate and reverse physical and economic deteriorating conditions, and to provide and maintain the necessary infrastructure to revitalize and redevelop the area. The downtown monument sign is part of this comprehensive effort to revitalize the downtown area, and implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city. c;)-d-... PAGE 3, ITEM NO.: MEETING DATE: 09/17/02 Work on the monument sign is the culmination of proactive business efforts from the downtown business community, and recent and proposed redevelopment activities that is steadily transforming downtown into a vibrant central business district. Planned as the first phase, the monument sign will provide the downtown area with a unique amenity that will showcase downtown, and notify visitors that they are in the "heart" of Chula Vista. A subsequent phase will include the creation of smaller scale monument signs similar in character and theme in the area between Davidson and "E" Street along Third Avenue. The sign design work for this phase is slated to commence after completion of the larger monument sign. The area for installing the monument sign is located at the most narrowest segment of Third Avenue between "F" and "G" Streets. Specifically, the sidewalk pop outs located just south of the east-west pedestrian crosswalk adjacent to Park Way. Staff and downtown stakeholders selected the proposed location due to the visual impact, the close proximity to Memorial Park, and the site working well with downtown special events, such as the car show, farmers market, Cinco de Mayo, Starlight Yule Parade, and other downtown activities. Concept Desiqn The proposed monument sign will be incorporated in a crossover sign that will measure 54 ft. curb fo curb, with the sign itself encompassing 21 ft. of the total span. The span will consist of painted metal tubes and fabricated decorated leaf supports. The total height of the sign from the base of the pedestal supports to the top of the sign is 26.6 ft. Per Caltrans standard for streetlights, the total height of the sign from the base of the pedestal support to the bottom of the sign will be 17 ft. The pedestal support columns are consistent with the ornamental streetlights that currently adorn the downtown area. Decorative gold leaf spheres will adorn the tops of both pedestal supports, and the base of each pedestal support will have electrical outlets to allow the monument sign to be decorated with ornamental lighting during downtown festivities. The double-sided monument sign will be oval shaped and incorporate an image of a sun and waves similar to the city's logo. At the direction of Agency/Council, Graphic Solutions enlarged the image of the sun and waves so that they wouldn't appear concealed within the overall sign logo, The sun and waves will be cut out of metal with a gold leaf finish, and the background will be see-through. CHULA VISTA will be arched in ivory yellow upper case block letters above the image of the sun, and DOWNTOWN will be arched below the waves in the similar fashion. The oval's background will be dark red. THIRD AVENUE will be arched across the middle of the oval shape in larger channel ivory yellow letters and dark red outline. The banner background within the design logo is navy blue, and will be illuminated at night through recessed blue perimeter neon lighting. The border of the background will be a painfed metal panel. The crossover span will also be illuminated at night through recessed green perimeter neon lighting. The electrical requirements are two dedicated twenty-amp circuits per pedestal. ¿(-:3 ,- _h_u- --OU".-' ,---__un ,- ',,----, ,-, -'.... - - , ---..,-- PAGE 4, ITEM NO.: MEETING DATE: 09/17/02 Proiect Costs Funds appropriated for implementing the monument sign will be used primarily to hire a qualified sign fabricator to fabricate and install the monument sign. Graphic Solutions will provide construction administration and will assist the City with the process of selecting a qualified sign fabricator. Graphic Solutions will also provide the City with design intent drawings and construction specifications for a monument sign sufficient for fabrication by a qualified sign fabricator. Additionally, funds will be used for relocating 1-2 street cobra lights, removing street furniture (benches, plant concrete boxes, deteriorating trellises), and refurbishing the sidewalk pop-outs. Electrical work will consist of saw cutting, insulation of conduit, and related wiring. The first year's annual maintenance is included in the total estimate. However, the Downtown Business Association has agreed to cover annual maintenance costs for subsequent years. Annual maintenance includes, power, and monthly maintenance by a regular sign maintenance contractor (electrical components, neon tubes, transformers, fittings, ete). Annual maintenance does not include repairs as a result of vandalism, automobile collisions, cleaning, or repainting. Repainting costs are estimated at $6,000 every B-1 0 years. Staff has set aside contingency funding from the requested amount for construction repairs such as those mentioned above. The following is the estimate for implementing the downtown monument sign. Task Sign fabrication/installation Replacing f1atwork (pop outs) Electrical Annual Maintenance Relocation of Cobra Lights (2) Removal of 3 large planters Removal of wooden trellis & bench Removal of pay phone Contingency TOTAL Estimate $200,000 20,000 2,000 3,600 4,000 1,500 2,000 300 6.600 $240,000 Redevelopment Law Findinas California Health and Safety Code Section 33445 requires that the Redevelopment Agency make certain findings when the Agency pays for the cost of revitalization related improvements such as the planning, construction, and installation of the monument sign. Said findings are included and made in the resolution that is being presented to the Agency for approval. These findings are the following: . That the monument sign will provide a benefit to the project area or the immediate neighborhood; 07-c/ PAGE 5, ITEM NO.: MEETING DATE: 09/17/02 . That there are no other reasonable means of financing the monument sign; . That the payment of funds for the monument sign will assist in the elimination of one or more blighting conditions inside the project area. Agency funding of the monument sign meets the requirements above, and the intent and purpose of the Redevelopment Law as follows: . The monument sign will benefit the project area because it is part of an overall downtown revitalization effort to implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city. The monument sign will showcase the downtown area, and notify visitors that they are in the "heart" of Chula Vista. . There are no other funding resources available or budgeted at this time to pay for the costs associated with planning, constructing, and installing the monument sign. Therefore, financial assistance from the Agency is required in order to move the project forward. . The proposed project is consistent with and helps implement the Town Centre I Redevelopment Plan and the adopted Five Year Implementation Plan. . The proposed project assists in the elimination of blight through the provIsion of enhanced streetscape and publicly accessible art and graphic design which contributes to the revitalization of the Redevelopment Project Area. . Funding for the monument sign will be used primarily to hire a sign fabricator to construct and install the monument sign, relocate 1-2 street cobra lights, remove outdated and deteriorating street furniture (benches, plant concrete boxes, trellises), refurbish the sidewalk pop-outs, and related electrical and maintenance work. FISCAL IMPACT The current project budget is $240,000. Staff is proposing that $240,000 from unanticipated proceeds from the 2000 Tax Allocation Bond Issue in the Merged Project Area FY 2003 budget be used for the repayment of outstanding advances from Bayfront/T own Centre I Project Area, and appropriating $240,000 in Bayfront/Town Centre I Project Area from unanticipated advance repayments to implement the downtown monument sign project. dl-S PAGE 6, ITEM NO.: MEETING DATE: 09/17/02 ATTACHMENTS Attachment A: Downtown Monument Sign Design Attachment B: Nighttime Illustration of Downtown Monument Sign Design Attachment C: Project Location Map Attachment D: Notice of Environmental Categorical Exemption J:\COMMDEV\STAFF.REP\09-17-02\Downtown Monument Sign II.DOC 0( -Co AGENCY RESOLUTION NO, AND COUNCIL RESOLUTION NO. JOINT AGENCY/COUNCIL RESOLUTION AMENDING THE FISCAL YEAR 2003 BUDGET BY APPROPRIATING $240,000 IN THE MERGED PROJECT AREA FROM UNANTICIPATED PROCEEDS FROM THE 2000 TAX ALLOCATION BOND FOR REPAYMENT OF OUTSTANDING ADVANCES FROM THE BAYFRONTITOWN CENTRE I PROJECT AREA; AND APPROPRIATING $240,000 IN THE BAYFRONTITOWN CENTRE I PROJECT AREA FROM UNANTICIPATED ADVANCE REPAYMENTS FOR THE DOWNTOWN MONUMENT SIGN PROJECT WHEREAS, The Town Centre I Redevelopment Area was adopted in 1976 as a unique area in Chula Vista that requires special attention and consideration in order to eliminate and reverse physical and economic deteriorating conditions, and provide and maintain the necessary infrastructure to revitalize and redevelop the area; WHEREAS, the Downtown Monument Sign is the culmination of proactive business efforts from the downtown business community, and recent and proposed redevelopment activities that is steadily transforming downtown into a vibrant central business district; and WHEREAS, the design work for monument sign was officially initiated in early February 2002 when Graphic Solutions, a firm experienced in the creation of similar sign projects, was retained by the City to provide design expertise; and WHEREAS, a series of meetings with city staff and downtown stakeholders enabled Graphic Solutions to design a unique crossover sign that incorporates an image of a sun and waves similar to the city's logo; and WHEREAS, the meetings also proYided the opportunity to discuss and eventually select the proposed location for installation of the sign, which is located at the most narrowest segment of Third Avenue between "F" and "G" Streets, specifically the sidewalk pop outs located just south of the east-west pedestrian crosswalk adjacent to Park Way; and WHEREAS, the proposed location for installation of the monument sign was selected due to the visual impact the monument sign would make at the proposed location, the site's close proximity to Memorial Park, and the site working well with downtown special eyents; and WHEREAS, the Town Centre Project Area Committee and Redevelopment Agency and City Council voted unanimously in favor of the concept design for the Downtown Monument Sign, and the location for installation of the Monument Sign; and WHEREAS, the Community Development Department Planning and Environmental Manager has determined that the project is categorically exempt from the California Environmental Quality Act under Class 3 of Section 15303(c), which refers to the new construction of small structures; and WHEREAS, the proposed project is consistent with the City's General Plan, Zoning Ordinance, Town Centre I Redevelopment Plan, and Town Centre I Land Use Policy; and cJ-'7 NOW, THEREFORE, BE IT RESOLVED that, based on the facts stated above, the Redevelopment Agency of the City of Chula Vista hereby makes the following findings: 1. The monument sign will benefit the project area because it is part of an overall downtown revitalization effort to implement the "vision" of establishing downtown Chula Vista as the business, entertainment, civic, and cultural focal point of the city; the monument sign will showcase the downtown area, and notify visitors that they are in the "heart" of Chula Vista; and 2. There are no other funding sources available or budgeted to pay for the costs associated with planning, constructing, and installing the monument sign; therefore, financial assistance from the Redevelopment Agency is required in order to move the project forward; and 3. Funding for the monument sign will be used to hire a sign fabricator to construct and install the monument sign, relocate 1-2 street cobra lights, remove outdated and deteriorating street furniture, refurbish the sidewalk pop-outs, and related electrical and maintenance work. BE IT FURTHER RESOLVED that the Redevelopment Agency and the City Council of the City of Chula Vista does hereby adopt a joint resolution to amend the fiscal year2003 budget by appropriating $240,000 in the Merged Project Area from unanticipated proceeds from the 2000 Tax Allocation Bond for repayment of outstanding advances from the BayfrontITown Centre I Project Area; and appropriating $240,000 in the BayfrontITown Centre I Project Area from unanticipated advance repayments for the Downtown Monument Sign Project. Presented by Approved as to form by Chris Salomone Director of Community Development \. J:\COMMDEV\RESOS\Monument Sign Il.doc d-'? k! . : \ , \ -1 ~ - ;:0 0 > ~ rH 2. ~ t11 , r I I I k ATTACHMENT C Downtown Monument Sign Proposed Installation Area Third Avenue between F and G Streets . ,",~ ------- ATTACHMENT D NOTICE OF EXEMPTION TO: County Clerk, County of San Diego From: Community Development Dept -' City of Chula Vista P.O. Box 1750 276 Fourth Avenue San Diego, CA 92112-4147 Chula Vista, CA 91910 G~ ~ Ii, l~ [; ;,;",",'1"' """"' ""","",;OO""'!'::"',{ Project Title: Third Avenue Crossover Arched Lighted Monument Sign in the Downtown Disnic. t.I\" '" 2 lnO2 , J'!/-'¡I G IJ Project Location - A narrow portion of Third A venue between "G" and "F" Streets" cj {2- ,-'- ~,~~-- ~','i Project Location - City: Chula Vista Project Location - County: San Diego Description of Project: The project involves the installation of a monument sign within the Town Center 1 Redevelopment Area of the City of Chula Vista. The monument sign will span the width of Third A venue. The span will consist of painted metal tubes and fabricate<:! decor1!ted leaf supports. The total height of the sign from the base of the pedestal supports to the top of the sign is 26 '/2 feet. The clearance along the street width will be seventeen (17) feet per Caltrans recommended street design g1lidelines. Installation of the downtown monument sign will also require providing electrical outlets, relocating 1-2 street cobra lights, removing street furnitUre (benches, plant concrete boxes, deteriorating trellises), and refurbishing existing sidewalk pop-outs. . Name of Public Agency Approving Project: City of Chula Vista Name of Person or Agency Carrying Out Project: City of Chula Vista Exempt StatUs: (check one) - Ministerial [Sec. 21O80(b)(I); 15268]; - Declareçl Emergency [Sec. 21080(b)(3); 15269(a)]; Emergency Project [Sec. 21080(b)(4); 15269(b)(c)]; .2L Categorical Exemption Sec.: 15303(c) Class 3[New Construction/Conversion of Small StructUres] - StatUtory Exemptions. State code number: 15280 - General Rule Exemption [Sec. 1506l(b)(3)] Reasons why project is exempt: The proposal involves the installation of a small structUre (approximately Jess than 200 square feet in area coverage) and minor modifications to existing surrounding street furnitUre in a fully urbanized commercial area. The proposed structUre does not involve the use of hazardous materials. All necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Lead Agency Contact Person: Benjamin Guerrero, Environmental Projects Manager Area Code/Telephone/Extension: (619) 476-5311 Signa~re: .'8...:- ~ Date: OS/21/02 Brian Hunter, Panning & Environmental Manager (Filed and Signed by Lead Agency) -------------- 204339 -, , STATE OF CALIFORNIA- THE RESOURCES AGENCY , DEPARTMENT OF FISH AND GAME '< ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 7535, 16-011 Date ?)~'Jd-Od- Lead Agency: r~ of- Chuj", VI f>-m I COl'l1m.<~ þ.v.elopfo'l<"^~ PePt- Dunty State Agency Df Filing: Sì", ~ 0 Document No,: ...--- Pr ect Titie: ,\,.",d ~~ C'('D5~~eý' k'c\ol.ed L-'3w,.cI t\~+ ':n5'" ,~-I\-¿£bw,,~ DIsh-".,..!- Project Applicant Name: ~ Df- (\\-\..., ¡ l> U, ~ Phone Number: Project Applicant Address: .;21lR ~u<+'A~ C:'~\j\:'5'I-q, CA-"1lCj\O Project Applicant (check appropriate box): Local Public Agency ¡¡¿r School Distnct 0 Other S'pecial District 0 Slale Agency 0 Private Entity 0 CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850,00 $ ( ) Negative Declaration $1,250,00 $ ( ) Application Fee Water Diversion (State Water Resources Control Board Only) $850,00 $ ( ) Projects Subject to Certified Regulatory Programs $850,00 $ ( ) County Adminislrative Fee $25,00 $ ( \I1"'Project that is exempt from fees ø TOTAL RECEIVED $ Signature and title of person receiving payment: WHITE-PROJECT APPLICANT GOlDENROO-STATEAGENCY OF FILING ------', - ',. ,'.".' - '- PAGE 1, ITEM NO.: ..3 MEETING DATE: 9/17/02 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH PEOPLE'S CHEVROLET AND APPROPRIATING $53,895 THEREFORE FROM THE UNAPPROPRIATED BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET AND AUTHORIZING PAYMENT OF $12,420 FROM THIS AMOUNT TO THE SEWER FUND FOR SEWER PUMP STATION CHARGES SUBMITTED BY: COMMUNITY DEVELOPM"NT DIRECTOR LYr~ L~ REVIEWED BY: EXECUTIVE DIRECTOR ß! 4/5THS VOTE: YES ~ NO CJ BACKGROUND In 1993, the City of Chula Vista Redevelopment Agency (Agency) adopted a Development and Disposition Agreement (DDA) for the Chula Vista Auto Park Phase 1, including a provision for payment of incentives to auto dealers if they exceeded a threshold of sales tax receipts to the City for the first 15 years of the operations. The auto dealer incentives are payable based on a formula spelled out in the DDA. Based on the formula, People's Chevrolet exceeded the sales tax threshold in the years 2000 and 2001 and is owed an incentive payment. Sewer pump station charges from the City to Chula Vista Auto Park Inc have remained unpaid, however, and are required by provisions in the Covenant, Conditions and Restrictions (CCRs) for the Auto Park Phase I. The formula in the CCRs assigns such charges against the dealers proportionately, requiring that the Chevrolet dealership pay 29-percent. People's Chevrolet has been under its current ownership since November, 1997 and therefore is responsible for a proportionate share of the sewer pump station charges from January, 1998. The purpose of this action is to reconcile payments owed to People's Chevrolet under the DDA and the sewer pump station charges owed by People's to the Citys Sewer Fund. RECOMMENDATION It is recommended that the City of Chula Vista Redevelopment Agency adopt the resolution authorizing a settlement agreement with People's Chevrolet and appropriating therefore $53,895 from the unappropriated balance of the merged project area for the purpose of an incentive payment due to People's Chevrolet, and authorizing payment of $12,420 from this amount to the sewer fund for sewer pump station charges. ...3-' PAGE 2, ITEM NO.: MEETING DATE: 9/17/02 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The calculations for the auto dealer incentive are based on a "50-percent of sales tax receipts exceeding the threshold" basis dictated by the DDA, recognizing that three dealerships were operating during the period. The calculations were completed by the City of Chula Vista Office of Budget and Analysis and reviewed by the City Attorney's office. A five-percent interest rate is being recommended on the payment of the 2000 incentive, which was owed last year. The total incentive owed to People's Chevrolet at this time, with interest, is $53,895. People's Chevrolet has been responsible to the City for sewer pump station charges since it acquired the dealership in November, 1997. Although reference to the charges is contained in the Auto Park Phase I CCRs, the dealership was never billed directly and was unaware of the charges. Through a prior agreement, the City had submitted the bills to an entity called Chula Vista Auto Park, Inc., which was never actually formed. The authorizing signer in the agreement with the non-existent corporation was required to provide dealers their proportionate bills, however, this was also never done. Staff has been working with the auto dealers to resolve all issues concurrently. Although this'has yet to be accomplished with the Fuller dealership, People's Chevrolet is satisfied with the efforts made by staff to resolve the issue and has agreed to the proposed settlement. Due to the circumstances, staff is recommending that no penalty or interest charges be levied against People's Chevrolet, which has agreed to a net settlement of the incentive payment less the pump station charges. Hereafter, People's Chevrolet will be billed directly by the City for. their proportionate shore of the charges. (The Auto Park sewer pump station is scheduled to be dismantled in June, 2003 as part of the Salt Creek Sewer project.) FISCAL IMPACT A total of $53,895 will be appropriated from the merged project area, $41,500 will be paid to People's Chevrolet to satisfy the Agency's incentive requirement and $12,420 will be paid to the sewer fund to satisfy outstanding pump station charges. AnACHMENTS Auto Dealer Incentive Calculations Settlement Agreement with People's Chevrolet J:\COMMDEV\STAFF,REP\O9. 1 7-02\People's Chevrolet Incentive - AGENCv,doc ..3 -.;¿, RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A SETTLEMENT AGREEMENT WITH PEOPLE'S CHEVROLET AND APPROPRIATiNG $53,895 THEREFORE FROM THE UNAPPROPRIATED BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET AND AUTHORIZING PAYMENT OF $12,420 FROM THIS AMOUNT TO THE SEWER FUND FOR SEWER PUMP STATION CHARGES WHEREAS, The Development and Disposition Agreement for Chula Vista Auto Park Phase I requires the City of Chula Vista Redevelopment Agency to pay incentives to auto dealers if certai" sale tax receipt thresholds are exceeded; and WHEREAS, People's Chevrolet exceeded the sales tax receipt threshold in both 2000 and 2001; and WHEREAS, The Covenant, Conditions and Restrictions of Chula Vista Auto Park Phase I require sewer pump station charges for dealers; and WHEREAS, Payments are due on sewer pump station charges from People's Chevrolet; and WHEREAS, The Redevelopment Agency and People's Chevrolet hale reached ar agreement to settle these charges; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chul,~ Vista does hereby approve a settlement agreement with People's Chevrolet and appropriatin~1 $53,895 therefore from the unappropriated balance of the Merged Project Area for the purpose of ar incentive payment due to People's Chevrolet. BE iT FURTHER RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby authorize payment of $12,420 from this amount to the Sewer Fund for sewer pump statlor charges. PRESENTED BY APPROVED AS TO FORM BY Chris Salomone Director of Community Development \ J:\COMMDEV\RESOS\PeopJe's Chevrolet Incentive.doc ..3-ii.. ~<~o~ ~<~o~ ~<~o~ ~<~o~ s~~;~ s~~;~ s~~;~ s~~;~ >~~:!¡~ >~~:!¡~ >~~:!¡~ >~~:!¡~ ~;t~~ ~;t~~ ~;t~~ ~;t~~ ~~-~ ~~-~ ~~-~ ~~-~ m ~ ~ m ~ ~ m ~ ~ m ~ ~ - :. - :. - :. - :. ~ ~ ~ ~ ~ ~ ~ ~ m m m m ~ ~ ~ ~ .. .. .. .. m m m m ; ~~~~ ~ ~~~~ ~ ~~~~ ~ ~~~~ ~ ~w~- ~ ~~wo ~ -~w~ m -~~œ ~ ~~~~ 0 ~9~~ ~ ~~~~ ~ 9~~~ ~ ~~tg N ~~~g ~ m~~~ ~ ~~~g m~~m~- ~~~~~- ~~mm~- ~~~~m- I~~~~II II~~~II II~~~II I~~~~II g:-~-~-~~:ß ~~-~-~-~:ß ~(;j-(;j-(;j-(;j:ß g::-~-~-~-~:ß -0000 00000 W~~~~ O~~~~ m~~~~ ~OOOO m~~~~ ~mmmm ~~mmm ~~mmm ~---- m~~~~ ~~ ~~ ~I ~ I ~ ~~' ~ ~-~-~ --~~- -~~- -~~- -~~W- ~mm~~ ~~~~~ ~m-~- m~m~~ ~~~m- mw-~~ ~w~oo ~O~~~ OOWoo~ m~~~~ ~~oo~oo -~~m~ ~O~o~ ~~~~w mm~om O~~o~ ~~m~~ ~-mm~ -~mo~ I~~~ I~~~ I~~~ ~mmm mmmm ~~~~ ~~~~ ~--- w~~~ 0000 o~~~ ~oooooo ~-~- owww ~mmm ~~mmm ~~mmm ~-~~~ ~ ~ ~ ~ ,~ ~ ,~- - ~- ~,- - ~~~ ~ ~Ww ~ w~~ m m~~ ~ m~o m mm- ~ ~~~ 0 00~0 m ,,~oo - ~~m ~ -~- ~ mo~ O~~~w ~~OWw ~~mm- " ~ ~~ " ~~~ m ~-m ~~~ mww ~ .~~ .m~ ~"" 0 ~~O ~~~ -00 . CWO ~o~ ~~~~~ ~~~~~ ~~~m~ ~ ~ , ~ ~ ~- ~ ~ - m~ ~ ~ - m ~~ m 0 ~ ~ ,,~ m 00 ~ - ~w~ ~ ~~- O~o~~ ~~~o~ ; ~~ ~ ~ 0 w~ ~ ~ ~ .. 00 ~ moo 00 00 0 ~-œ ~~~ ~~oœ~ ~~~o~ ~ ~ ~ ~ m m m 00 ~ ~~~ ~~oo~ ~ '" W w œ m . ~ W """w m~ 0 0 œ ..3-1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This settlement agreement and mutual release (hereinafter" Agreement") is entered into between the City of Chula Vista, Redevelopment Agency of the City of Chu]a Vista and each of their agents, attorneys, servants, employees, representatives, and successors in interest (hereinafter collectively referred to as "City/Agency") and People's Investment, Inc. (doing business as "People's Chevrolet"), its owners, shareholders, agents, officers, directors, attorneys, servants, representatives, employees, predecessors, successors in interest and assignees (hereinafter collectively referred to as "People's"), in consideration of the promises made herein, agree as follows. 1. Nature and Effect of Agreement. This agreement consists of a compromise and settlement by each party of that party's claims against the other party and a release given by each party relinquishing ail claims against the other party. By executing this agreement, each of the parties intends to and does hereby extinguish the obligations heretofore existing between them. This agreement is not, and shall not be treated as, an admission of liability by either party for any purpose. 2. Recitals. WHEREAS, in the Fall of 1992 the City/Agency adopted a Development and Disposition Agreement (hereinafter "DDA") for the Chula Vista Auto Park Phase I; and WHEREAS, the DDA included the payment of incentives to each auto dealer operating on the site if the dealers exceeded a specified threshold of sales tax receipts to the City/Agency for the first 15 years of operations; and WHEREAS, the formula for calculating the incentives due each Fiscal Year is stated in the DDA; and WHEREAS, Fiscal Year 2000 began on July 1, 1999 and Fiscal Year 2001 began on July 1, 2000; and WHEREAS, the incentive payment due People's for Fiscal Years 2000 and 2001 has not been disbursed; and WHEREAS, the incentive payment due for Fiscal Years 2000 and 2001 is $17,737 and $34,618 respectively; and WHEREAS, the total amount due People's for incentive payments, plus 5-percent interest for the time the payments were due but not disbursed, equals $53,895; and Chula Vista I People's Chevrolet Settlement Agreement .3-~ Pagelof6 WHEREAS, the Covenants, Conditions and Restrictions (hereinafter "CCRs") for the Auto Park Phase I require that People's pay 29-percent of the sewer pump station charges incurred for the Auto Park site; and WHEREAS, the current ownership of People's located at the Auto Park in November of 1997, and therefore, became responsible for sewer pump station charges beginning in January of 1998; and WHEREAS, the sewer pump charges attributable to People's from January 1, 1998 through June 30, 2002 is $12,416.97 and has not been paid; and WHEREAS, the City/Agency has decided to waive any interest or penalty charges that could be collected due to the delinquency of the sewer pump station account because the invoices for sewer pump station charges were not being forwarded to People's by Fuller Ford/Honda; and WHEREAS, the parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which are or might become the subject of a complaint, upon the terms and conditions set forth herein. 3. Mutual Compromise Agreement. Each party, in consideration of the promises and concessions made by the other, hereby compromises and settles any and all past, present, or future claims, demands, obligations, or causes of action, whether based on tort, contract, or other theories of recovery, that the party now has or may hereafter have against the other party and the other party's predecessors and successors in interest, heirs, and assigns, arising froin the subject matter of the actions described in Paragraph 2, on the following terms and conditions: (a) People's agrees that incentive payment amounts of $17,737 and $34,618 for Fiscal Years 2000 and 2001 represent the correct calculation of those payments due (see Exhibit A); and (b) City/Agency agrees to pay to People's the sum of $53,895 in full settlement of People's claim described in Paragraph 2; and (c) People's agrees to pay to City/ Agency the sum of $12,416.97 in full settlement of City/Agency's claim described in Paragraph 2; and (d) People's authorizes the City/ Agency to deduct from the amount owed by the City/Agency to People's for non-disbursed incentive payments the amount People's owes for sewer pump station charges; and Omla Vista / People's Chevrolet Settlement Agreement Page 2016 ~-&, (d) City/Agency and People's agree that this compromise and settlement shall constitute a bar to all past, present, and future claims arising out of the subject matter of described in Paragraph 2. 4. Mutual General Release. Each of the parties, on behalf of itself, its descendants, ancestors, dependents, heirs, executors, administrators, and assigns, hereby fully releases and discharges the other party and that party's descendants, ancestors, dependents, heirs, executors, administrators, and assigns, from all rights, claims, and actions that each party now has against the other party arising from the subject matter described in Paragraph 2, 5. Warranty of Capacity to Execute Agreement. People's represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein, and that it has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Settlement Agreement. 6. Unknown Claims. (a) Each party acknowledges and agrees that the release that it gives to the other party on executing this agreement applies to all claims for injuries, damages, or losses to its own person and property, real or personal (whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, patent or latent), that it may have against the other party. Each party waives application of Civil Code Section 1542, (b) Each party certifies that it has read the following provisions of Civil Code Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." (c) Each party understands and acknowledges that in consequence of this waiver of Civil Code Section 1542, even if it should eventually suffer additional damages arising out of the facts referred to in Paragraph 2, it will not be able to make any claim for those damages. Furthermore, each party acknowledges that it consciously intends these consequences even as to claims for damages that may exist as of the date of this release but that it does not know exist, and that, if known, would materially affect its decision to execute this release, regardless of whether its lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. Chula Vista / People's Chevwlet Settlement Agreement J---7 Page 3 of 6 7. Advice of Attorney. Each party warrants and represents that in executing this agreement, it had the opportunity to secure legal advice from the attorney of its choice; that the terms of this Agreement have been read and the consequences (including risks, complications, and costs) understood. Each party further acknowledges and represents that, in executing this release, it has not relied on any inducements, promises, or representations made by the other party or any person representing or serving the other party. 8. Conditions of Execution. Each party acknowledges and warrants that its execution of this release is free and voluntary. 9. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 10, Execution of Other Documents. Each party shall cooperate fully in the execution of any and all other documents and in any additional acts that may be necessary or appropriate to give full force and effect to the terms and intent of this agreement. 11. Attorneys' Fees. Each party to this agreement shall bear all attorneys' fees and costs arising from that party's own counsel in connection with the subject matter described in Paragraph 2. If litigation is necessary to interpret, enforce, or to redress a claimed breach of this Agreement, the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 12. Entire Agreement, This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. 13. Modification and Waiver. This Agreement may be amended or modified only by a writing signed by all Parties to this Agreement. No breach of any provision of this Agreement can be waived unless in writing. Waiver of anyone breach of any provision of this Agreement is not a waiver of any other breach of the same or any other provIsIOn. 14, Counterparts. This Agreement may be executed in counterparts, and if so executed, each such counterpart shall have the force and effect of an original. Chula Vista / People's Chevwlet Settlement Agreement Page 4 of 6 J-8 15. Severability. The invalidity or unenforceability of any provision this Agreement as determined by a court of competent jurisdiction shall in no way effect the validity or enforceability of any other provision. 16, Governing Law. This Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of California. 17. Effective Date. This agreement shall become effective immediately on execution by both parties. [NEXT PAGE IS SIGNATURE PAGE] Chula Vista / People's Chevrotet Settlement Agreement ..;'-9 Page50f6 [SIGNATURE PAGE TO SETILEMENT AGREEMENT AND MUTUAL RELEASE] PEOPLE'S INVESTMENT, INc. DBA PEOPLE'S CHEVROLET Dated: By: Edmund Wesche President CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Dated: By: Shirley Horton Mayor City of Chula Vista Dated: By: Shirley Horton Mayor City of Chula Vista Dated: By: John M. Kaheny Attorney for City of Chula Vista; and Redevelopment Agency of the City of Chula Vista Chula Vista I People's Chevrolet Settlement Agreement .3-/Ö Page 6 of6 PAGE 1, ITEM NO.: 4- MEETING DATE: 09-17-02 JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CONSIDERATION OF RESPONSES TO WRITTEN OBJECTIONS, NEGATIVE DECLARATION, AND FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS TO THE FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NEGATIVE DECLARATION FOR THE FOURTH AMENDMENT OT THE SOUTHWEST REDEVELOPMENT PLAN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE FOURTH AMENDMENT TO THE SOUTHWEST REDEVELOPMENT PLAN SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: EXECUTIVE DIRECTOR. 4/5THS VOTE: YES0NOD In light of issues raised by some residents and business owners in the project area, staff is recommending that this item be continued until November 12, 2002, to a joint meeting of the Redevelopment Agency and City Council. This additional time period will give staff an opportunity to better respond to concerns that have been raised and to present the Agency and Council some alternatives on how to respond to these concerns.