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HomeMy WebLinkAboutRDA Packet 2004/09/14 ~~f? =...~ -------- - - -- CIlY OF CHUlA VISTA TUESDAY, SEPTEMBER 14, 2004 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) AD.JOURNED MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Council/Agency by one motion without discussion unless an Council/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 Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - August 24,2004 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 nRequest 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 foiiowing itemls) 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 Formn available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 2. PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO CONSIDER, PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTIONS 33430 AND 33431, THE PROPOSED DISPOSITION OF PROPERTY BY THE AGENCY TO THE CITY OF CHULA VISTA In July of 2001, the Final Master Plan for the renovations to the Civic Center was presented and approved by Council. On August 3, 2004, the City Council/Agency approved the Guaranteed Maximum Price for design/build services and authorized the issuance of 2004 Certificates of Participation in part to finance the construction of Phase 1. Phase 1 of the project is currently underway. There are three parcels that the agency holds title to and must be conveyed to the City in order for the construction financing to be completed. STAFF RECOMMENDATION: Agency adopt the following resolution: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DISPOSITION OF CERTAIN REAL PROPERTY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH City Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH PROPERTY TO THE CITY OF CHULA VISTA; AND MAKING CERTAIN OTHER FINDINGS RELATED THERETO OTHER BUSINESS 3. DIRECTOR'S REPORT 4. CHAIR REPORT 5. AGENCY COMMENTS ADJOURNMENT The meeting will adjourn to a regular meeting of the Redevelopment Agency on September 21, 2004, 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 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 availabie for the hearin9 impaired. Redevelopment Agency, September 14, 2004 Page 2 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 24, 2004 6:00 p.m. Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of Chula Vista were called to order at 7:31 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas and Chair/Mayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR Agencymember/Deputy Mayor Salas noted that she would abstain from voting on Item 2 due to the proximity of her residence to the downtown area. Agency/Councilmember McCann stated that he would abstain from voting on Item 5 due to the proximity of property he owns to the affected area. With regard to Item 2, Agency/Councilmember Rindone asked that future staff reports contain no reference to the former Candy Cane Lane and that staff also consider decorating Civic Center trees when the renovation proj ect is completed. I. APPROVAL OF MINUTES of August 3, 2004. Staff recommendation: Agency/Council approve the minutes. 2. COUNCIL RESOLUTION NO. 2004-285 AND AGENCY RESOLUTION NO. 1889, RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2004 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING $47,423 FROM THE GENERAL FUND TO PAY FOR THE PROGRAM; AWARDING A PURCHASE AGREEMENT TO DEKRA-LITE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2004 HOLIDAY LIGHTING PROGRAM (4/5THS VOTE REQUIRED) The holiday lighting program is an ongoing effort undertaken by the City to celebrate the holiday season. Since the program's inception in 1999, Dekra-Lite has decorated the downtown area with a variety of colorful holiday lights, displays, and thematic banners, including the lighting of three freeway overpasses. (Director of Community Development) Staffrecommendation: Agency/Council adopt the resolution. , - I CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004-286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCHANGE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRED BORST, BORST FAMILY TRUST, AND FASK LAND, INC.; AUTHORIZING A .72-ACRE PARCEL OWNED BY THE CITY (APN NO. 644-040-11) TO BE EXCHANGED FOR AN ASSIGNABLE IRREVOCABLE OFFER OF DEDICATION FOR 7.62-ACRE PARCEL OWNED BY FRED BORST, BORST FAMILY TRUST, AND FASK LAND, INC. Adoption of the resolution approves the exchange of a 7.62-acre parcel within the Otay Valley Redevelopment Project Area for a .72-acre parcel within the Auto Park Specific Plan Area. (Director of Community Development) Staff recommendation: Agency adopt the resolution. 4. AGENCY RESOLUTION NO. 1890, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER P ARTICIP ATION AGREEMENT TO ALLOW THE DEVELOPMENT OF A 22-ACRE EXPANSION ON SITE, (APN NOS. 644-040-66 AND 644-040-11) IN THE MERGED REDEVELOPMENT PROJECT AREA (FRED BORST, BORST FAMILY TRUST AND FASK LAND, INC). Adoption of the resolution approves the owner participation agreement, which addresses the negotiable development considerations and performance requirements for the project. Special provisions pertaining to this project include dates by which site improvements, dealership construction, and dealership operations will begin. In addition, the agreement outlines issues to be addressed by the master developer, individual dealerships and the Agency/City. The agreement benchmarks will ensure the timely delivery of economic benefits and quality development of the project. (Director of Community Development) Staffrecommendation: Agency adopt the resolution. 5. COUNCIL RESOLUTION NO. 2004-287 AND AGENCY RESOLUTION NO. 1891, RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The council policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). All recommended General Fund transfers can be done using existing appropriations. Appropriations from the SR-125 Fund, Southwest Pass-Through Funds, Salt Creek Development Impact Fees, and Cypress Creek Fund are recommended. (Director of Finance) Staffrecommendation: Council/Agency adopt the resolution. Page 2 Council/RDA Minutes ,-~ 08/24/04 CONSENT CALENDAR (Continued) ACTION: Chair/Mayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items 2 and 5. Item 2 was approved 4-0-1, with Agencymember/Deputy Mayor Salas abstaining due to the proximity of her residence to the downtown area; and Item 5 was approved 4-0-1, with Agency/Councilmember McCann abstaining due to the proximity of property he owns to the affected area. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 6. CONSIDERATION OF AN APPEAL FROM APPLICANT OF THE DESIGN REVIEW COMMITTEE'S DECISION TO REDUCE THE HEIGHT OF THE TOWER ELEMENT OF THE PROPOSED TOYOTA DEALERSHIP PROJECT TO BE LOCATED IN THE OT A Y VALLEY ROAD .REDEVELOPMENT PROJECT AREA Sunroad Enterprises proposes to build a Toyota automobile dealership on 7.6 acres of the larger 29-acre Auto Park. Pursuant to Section VII of the Auto Park East Specific Plan, development plans for individual parcels are required to be submitted to the Design Review Committee (DRC) for review and approval prior to the issuance of building permits. The decision ofthe DRC is final unless appealed to the Redevelopment Agency. On August 2, 2004, the DRC reviewed and unanimously approved the overall design plans for the project but modified Condition I of the Notice of Decision regarding the proposed 100-foot high tower element. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Chair/Mayor Padilla opened the public hearing. Principal Community Development Specialist Tapia reviewed the proposed project and Design Review Committee actions. Community Development Director Madigan reported that letters were received from other auto dealers in the area expressing opposition to the tower height; however, a compromise has since been reached between the owners. She also expressed the need to create a consistent regulatory program for all the auto dealerships. Uri Feldman, representing Sunroad, stated that the company will voluntarily reduce the size of the tower to 80 feet in cooperation with the other dealers. He also stated that the company plans to break ground on grading next week, begin building in early November, and open the first week of July 2005. Page 3 Council/RDA Minutes '~.3 08/24104 PUBLIC HEARINGS (Continued) Aaron Feldman, also representing Sunroad, congratulated the Council and staff for running the City in an effective and efficient manner. Fred Borst, representing Borst/F ask, spoke in support of the tower and endorsed the 80- foot compromIse. Doug Fuller, representing Fuller Ford/Honda, as well as Tony McCune and Mr. Wesche from People's Chevrolet, stated that he was withdrawing objections to the tower height and supported the proposal as presented to the Council. He asked that the Council direct staff to revisit the CC&R's to equalize the playing field for all dealerships. Mr. Wesche, representing People's Chevrolet, stated that he had been strongly opposed to a 100- foot tower but was willing to go along with the compromise with the understanding and he and Mr. Fuller would have the opportunity to address issues with respect to their agencies. There being no further members of the audience wishing to speak, Chair/Mayor Padilla closed the public hearing. ACTION: Following Council comments, Agency/Councilmember McCann offered Resolution No. 1892, heading read, text waived, as amended to approve a tower height of 80 feet and delete language requiring referral back to the Design Review Committee, and moved to direct staff to review the CC&R's to ensure consistency and equity for all the dealerships: AGENCY RESOLUTION NO. 1892 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING APPLICANT'S APPEAL OF THE DESIGN REVIEW COMMITTEE'S DECISION TO REDUCE THE HEIGHT OF THE TOWER ELEMENT OF THE PROPOSED TOYOTA DEALERSHIP PROJECT TO BE LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA The motion carried 5-0. 7. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04- 03) FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT AND CONCEPTUAL TENTATIVE MAP In accordance with the requirements of the California Environmental Quality Act, the Environmental Impact Report (EIR) has been prepared to analyze the environmental impacts of the proposed Crossing commercial retail project. The Final EIR contains a summary of the comments and responses to the comments received during the public review period. (Director of Planning and Building) This hearing was combined with that for Item 8, below. Page 4 Council/RDA Minutes I - t.f. 08/24/04 PUBLIC HEARINGS (Continued) 8. CONSIDERATION OF A GENERAL PLAN AMENDMENT (GPA-03-11) AND A ZONE CHANGE (PCZ-03-06) FOR LANDS LOCATED AT 4501 MAIN STREET AND APPROVING DESIGN REVIEW (DRC-03-87) FOR THE CHULA VISTA CROSSINGS COMMERCIAL RETAIL DEVELOPMENT (YACOEL PROPERTIES LLC) The applicant has requested a General Plan Amendment, Zone Change, and Design Review to allow the development of a commercial retail shopping center on the south side of Main Street and east of Interstate 805. The proposed shopping center consists of five retail tenants and two restaurant pads, totaling approximately 189,000 square feet on a site of approximately 17.2 acres. (Director of Community Development) Notice of the hearings 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 Padilla opened the public hearings simultaneously on Items 7 and 8. Senior Planner Pe presented the proposed project, and Environmental Projects Manager Guerrero presented the environmental evaluation. Chair/Mayor Padilla commented that the original plans had some unique features that he would like to see re-incorporated into the project if the applicant were willing. Claude Yacoel, representing Yacoel Properties, the applicant, thanked staff for working diligently on the project and spoke in its support, stating that it will bring jobs and stimulate growth in the area, as well as attract traffic to the Auto Park. He indicated his willingness to restore a couple of graphic panels, as suggested by Chair/Mayor Padilla, to the project if the Council so desired. Phil Teyssier, representing Atomic Investments, Inc. and his family, who owns the Pacific Bell property, spoke in support ofthe project. Doug Fuller, representing Fuller Ford/Honda and the other Auto Park dealerships, spoke in strong support of the project, which he believed would be a major upgrade to the area. Teresa Acerro, representing the Sierra Club, stated that the project would greatly improve the area, and the developer has shown sensitivity to the area, as well. She expressed concern about traffic, development next to a sensitive zone, and Apache Services on the south side of the property. She suggested that less dense alternatives be explored and that perhaps the developers could contribute to a fund to maintain the Otay Valley Regional Park. She also believed that environmental issues related to Apache Services should be resolved before development proceeds. Community Development Director Madigan reported that discussions are underway with the applicant, Pardee Homes, Supervisor Cox and San Diego staff regarding clean-up of the site and the possibility of having it dedicated to the park. Page 5 Council/RDA Minutes 1--5 08/24/04 PUBLIC HEARINGS (Continued) There being no one else wishing to speak, Chair/Mayor Padilla closed the hearings. ACTION: Agency/Councilmember Davis offered Council Resolution No. 2004-28, Council Resolution No. 2004-289 and Agency Resolution 1893 for adoption and the ordinance for first reading, headings read, texts waived, with Agency Resolution 1893 amended to direct City staff to work with the applicant on signage on the western fayade and return to the Council, rather than the Design Review Committee, with revised signage plans: COUNCIL RESOLUTION NO. 2004-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04-03) FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT AND CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP), PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT COUNCIL RESOLUTION NO. 2004-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GENERAL PLAN AMENDMENT (GPA-03-11) FOR 4501 MAIN STREET FROM RESEARCH AND LIMITED MANUFACTURING TO RETAIL COMMERCIAL (Y ACOEL PROPERTIES, LLC). ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06) FROM LIMITED INDUSTRIAL TO CENTRAL COMMERCIAL FOR 4501 MAIN STREET (Y ACOEL PROPERTIES, LLC) AGENCY RESOLUTION NO. 1893, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW (DRC-03-87) FOR A RETAIL COMMERCIAL SHOPPING CENTER AT 4501 MAIN STREET (Y ACOEL PROPERTIES, LLC) The motion carried 5-0. OTHER BUSINESS 9. DIRECTOR/CITY MANAGER'S REPORTS There were none. 10. CHAIR/MAYOR'S REPORTS There were none. 11. AGENCY/COUNCILMEMBER COMMENTS Page 6 Council/RDA Minutes I-Cp 08/24/04 There were none. ADJOURNMENT At 8:52 p.m., Chair/Mayor Padilla adjourned the Redevelopment Agency to an Adjourned Regular Meeting on September 14, 2004, at 6:00 p.m., immediately following the City Council Meeting in the Council Chambers. Page 7 CounciVRDA Minutes 1-7 . ~~~J-.t:v----> Susan Bigelow, MMC, City Clerk 08/24/04 ITEM NO.: d MEETING DATE: 09/14/04 .JOINT REDEVELOPMENT AGENCY I CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO CONSIDER, PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTIONS 33430 AND 33431, THE PROPOSED DISPOSITION OF PROPERTY BY THE AGENCY TO THE CITY OF CHULA VISTA A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DISPOSITION OF CERTAIN REAL PROPERTY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH PROPERTY TO THE CITY OF CHULA VISTA; AND MAKING CERTAIN OTHER FINDINGS RELATED THERETO ¡.V\ SUBMITTED COMMUNITY DEVELOPMENT DIRECTO BY: DIRECTOR OF FINANCE / REVIEWED BY: EXECUTIVE DIRECTOR/CITY MANAGER \" 4/5THS VOTE: YESD N00 BACKGROUND In July of 2001, the Final Master Plan for the renovations to the Civic Center was presented and approved by Council. On August 3, 2004, the City Council/Agency approved the Guaranteed Maximum Price for design/build services and authorized the issuance of 2004 Certificates of Participation in part to finance the construction of Phase 1. Phase 1 of the project is currently underway. There are three parcels that the Agency holds title to and must be conveyed to the City in order for the construction financing to be completed. 01- , PAGE 2, ITEM NO.: MEETING DATE: 09/14/04 RECOMMENDATION Hold the Joint Public Hearing and odopt the Resolutions. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The Civic Center Campus site is locafed on several parcels of land fhaf tofal appraximately 7.90 acres. All parcels are held in the name of the City except three, which are held in fhe name of fhe Agency. Disposition of property held by the Agency is regulated by California Redevelopment Law. Healfh and Safety Code sections 33430 and 33431 provide fhat the Agency may convey property but the Agency must hold a public hearing and take public festimony if any. The City has had fhese parcels appraised as part of the Certificates of Participation. The City and Agency have determined the fair market price to be $639,050. The purchase price shall be paid through the forgiveness of an equal amount of Agency debt by fhe City. This action transfers the three parcels of property from the Redevelopment Agency to fhe City, as required for issuance of fhe 2004 Certificates of Participation. FISCAL IMPACT The City will forgive Agency's debt to the City in an amount based on the fair market price for fhe parcels as determined by the appraisal performed in connection with the 2004 COPS. ATTACHMENTS Quitclaim Deed d-d'. . - RECORDING REQUESTED BY: City ofChula Vista WHEN RECORDED MAIL TO: Stradling Y occa Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attn.: Robert J. Whalen, Esq. [Space above for recorder.] Assessor's Parcel Nos.: 568-110-17-00 and This document is exempt from payment of a recording fee pursuant to 568-110-32-00 Government Code Section 27383. The undersigned grantor declares: This transaction is exempt from the payment of documentary transfer tax pursuant to Revenue and Taxation Code Section 11922. QUITCLAIM DEED FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic ("Grantor"), does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the CITY OF CHULA VISTA, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, all of Grantor's right, title, and interest in and to that certain real property located in the City of Chula Vista, County of San Diego, State of California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed as of September 1, 2004. REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body, corporate and politic By: Its: Executive Director DOCSOCIl 0621 02v1/24036-0029 ~-3 Mail Tax Statements to: City ofChula Vista 276 Fourth Avenue Chula Vista, California 9]9]0 Attention: Director of Finance d -&.# DOCSOC/1 0621 02v 1/24036-0029 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed under the foregoing to the City of Chula Vista, a municipal corporation duly organized and existing under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City ofChula Vista, pursuant to authority conferred by resolution of the said City adopted on September] 4,2004, and the grantee consents to recordation thereof by its duly authorized officer. Dated: September 14, 2004 CITY OF CHULA VISTA By: Its: City Manager <51-5 DOCSOCIl 0621 02v1/24036-0029 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , 2004 before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY PUBLIC ~-G DOCSOC/1 0621 02vl/24036-0029 EXHIBIT A LEGAL DESCRIPTION THAT REAL PROPERTY IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A: ALL THAT PORTION OF THE WESTERLY HALF OF LOT 13, IN QUARTER SECTION 149, CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT WHICH IS NORTH 71 DEGREES EAST 467 Yz FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT; THENCE NORTH 71 DEGREES EAST ALONG THE SOUTHERLY LINE OF SAID LOT 78 Yz FEET; THENCE NORTH 19 DEGREES WEST 290 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE SOUTH 71 DEGREES WEST ALONG SAID NORTHERLY LINE OF SAID LOT, 78 Yz FEET; THENCE SOUTH 19 DEGREES EAST, 290 FEET, TO POINT OF COMMENCEMENT. (APN: 568-110-17-00) PARCEL D: ALL THAT PORTION OF LOT 14 OF THE NORTHEAST QUARTER OF QUARTER SECTION 149 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF FIG AVENUE WITH THE CENTERLINE OF DAVIDSON STREET, ACCORDING TO MAP NO. 2109, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA, BEING THE NORTHWEST CORNER OF THE EAST-HALF OF SAID LOT 14; THENCE NORTH 71 DEGREES 00'15" EAST, 135.39 FEET; THENCE SOUTH 18 DEGREES 40'22" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18 DEGREES 40'22" EAST 100.00 FEET; THENCE NORTH 71 DEGREES 00'15" EAST, 135.00 FEET; THENCE NORTH 18 DEGREES 40'22" WEST, 77.13 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HALF HAVING A RADIUS OF 23.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 40'37"; THENCE ALONG SAID CURVE A DISTANCE OF 36.00 FEET; THENCE SOUTH 71 DEGREES 00'15" WEST, A DISTANCE OF 112.13 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT A-I DOCSOC/l 0621 02vl/24036-0029 cl.-7 PARCEL E: ALL THAT PORTION OF LOT 14 OF THE NORTHEAST QUARTER OF QUARTER SECTION 149 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF FIG AVENUE WITH THE CENTERLINE OF DAVIDSON STREET, ACCORDING TO MAP NO. 2109, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA, BEING THE NORTHWEST CORNER OF THE EAST-HALF OF SAID LOT 14; THENCE NORTH 71 DEGREES 00'15" EAST, 135.39 FEET; THENCE SOUTH 18 DEGREES 40'22" EAST, 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18 DEGREES 40'22" EAST 100 FEET; THENCE NORTH 71 DEGREES 00'15" EAST, 135 FEET; THENCE NORTH 18 DEGREES 40'22" EAST, 40 FEET; THENCE SOUTH 71 DEGREES 00'15" WEST TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WESTERLY 60 FEET OF THE EAST HALF OF SAID LOT 14; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO AN INTERSECTION WITH A LINE WHICH BEARS SOUTH 71 DEGREES 00'15" WEST FROM THE TRUE POINT OF BEGINNING; THENCE ALONG SAID LINE NORTH 71 DEGREES 00'15" EAST TO THE TRUE POINT OF BEGINNING. (APN: 568-110-32-00) EXHIBIT A-2 DOCSOC/l 0621 02v 1/24036-0029 cl-)? ...~ - RESOLUTION NO. - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE DISPOSITION OF CERTAIN REAL PROPERTY TO THE CITY OF CHULA VISTA AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action ofthe City Council ofthe City ofChula Vista ("City Council"); and WHEREAS, the City of Chula Vista ("City") is a California municipal corporation and charter city; and WHEREAS, the Agency previously acquired certain real property for redevelopment purposes pursuant to the CRL, which property is located at and within the Civic Center complex at 276 Fourth Avenue, Chula Vista, California, 91910 ("Property"); and WHEREAS, pursuant to Government Code § 37350 the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, City desires to acquire the Property for public purposes in connection with the City's 2004 Certificates of Participation (Civic Center Project - Phase I) ("2004 COPs") ("Project") and Agency desires to accept fair market price for such Property, in the value as appraised in connection with the 2004 COPS ("Purchase Value"); and WHEREAS, as a part of the implementation of the proposed Project the City initiated negotiations with the Agency to acquire the Property and both entities have reached consensus on the terms of the disposition of the Property by the Agency to the City for the Project, including the Purchase Value and method of payment thereof; and WHEREAS, the method of payment by City to Agency of the Purchase Value shall be through credit by City in favor of Agency against certain outstanding debt owed by Agency to City in the full amount of the Purchase Value; and WHEREAS, Sections 33430 and 33431 of the CRL, authorize the Agency to convey the Property without public bidding after a duly noticed public hearing; and WHEREAS, a staff report generally describing the proposed disposition of the Property by the City to the Agency has been available for public inspection; and WHEREAS, the Agency duly noticed a public hearing on the proposed sale of the Property pursuant to Section 33431; and WHEREAS, on September 14, 2004 the Agency held a duly noticed public hearing on the proposed disposition of the Property at which time the Agency reviewed and evaluated all of the information, testimony and evidence presented during the public hearing; and I d-q WHEREAS, the conveyance authorized by this resolution will be carried out by quitclaim deed from the Agency, as grantor, and the City, as grantee; and WHEREAS, all actions required by all applicable laws with respect to the proposed sale of the Property have been taken in an appropriate and timely manner; and WHEREAS, of even date with the Agency consideration and action of this Resolution the City Council will consider and taken action on its proposed acquisition of the Property from the Agency; and WHEREAS, the Agency has duly considered the proposed disposition of the Property and believes the sale is in the best interests of the community and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DOES RESOLVE, FIND, AND DETERMINE: Section 1. The foregoing Recitals are true and correct and are a substantive part of this Resolution. Section 2. The proposed disposition of the Property by the Agency to the City is approved. Section 3. Agency authorizes receipt of the full amount of the Purchase Value for the Property from City through credit by City in favor of Agency against certain outstanding debt owed by Agency to City. Further, the Agency Executive Director and his designee(s) are hereby authorized to evidence and document (in form approved by City Attorney) City's payment of the Purchase Value for the Property and to cause the credit of such payment in favor of Agency. Section 4. The form of the conveyance by quitclaim deed is hereby approved and the Agency Executive Director is authorized to cause to preparation of such deed in cooperation with the City Manager of City, subject to approval of the City Attorney and consistent with the authorizations herein. Section 5. The Agency Chairman is authorized to execute the quitclaim deed (when in final form and approved by the City Attorney), to execute and carry out the disposition, payment, and receipt of the Purchase Value as herein described, and to execute and implement any other or further documents necessary to carry out the disposition authorized by this Resolution. The Agency Secretary is authorized to attest such deed and any other implementing documents, and is further authorized and directed to cause such deed to be recorded in the Office of the Recorder of the County of San Diego, or, in the appropriate circumstance, deposited into an escrow pertaining to the disposition of the Property. 2 d-IO Section 6. The Agency Secretary shall certify to the adoption ofthis Resolution. Presented by Approved as to form by jþI Maria Kachadoorian Director of Finance ~-" 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FOR PUBLIC PURPOSES; ACCEPTING THE DEED CONVEYING SUCH PROPERTY TO THE CITY OF CHULA VISTA; AND MAKING CERTAIN OTHER FINDINGS RELATED THERETO WHEREAS, the City of Chula Vista ("City") is a California municipal corporation and charter city; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ofthe City ofChula Vista ("City Council"); and WHEREAS, the Agency previously acquired three parcels of real property for redevelopment purposes pursuant to the CRL located at and within the Civic Center complex at 276 Fourth Avenue, Chula Vista, California, 9] 9] 0 ("Property"); and WHEREAS, pursuant to Government Code § 37350 the City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit; and WHEREAS, City desires to acquire the Property for public purposes in connection with the City's 2004 Certificates of Participation (Civic Center Project - Phase I) ("2004 COPs") ("Project") and to pay Agency fair market price for such Property, in the value as appraised in connection with the 2004 COPS ("Purchase Value"); and WHEREAS, as a part of the implementation of the proposed Project the City initiated negotiations with the Agency to acquire the Property and both entities have reached consensus on the tenns of the disposition of the Property by the Agency to the City for the Project, including the Purchase Value and method of payment thereof; and WHEREAS, the method of payment by City to Agency of the Purchase Value shall be through credit by City in favor of Agency against certain outstanding debt owed by Agency to City in the full amount of the Purchase Value; and WHEREAS, the conveyance authorized by this resolution will be carried out by quitclaim deed from the Agency, as grantor, and the City, as grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve, find and detennine: Section 1. The foregoing recitals are true and correct and a substantive part of this resolution. ] cl-I~ Section 2. It is in the best interests ofthe City of Chula Vista to authorize acquisition of the Property from the Agency for the Project. Section 3. The acquisition of the Property by the City from the Agency is hereby approved; provided however, nothing in this resolution shall be construed to be an acceptance of any parcel or property into the City street system pursuant to Streets & Highways Code § ] 806. Section 4. City approves payment of the full amount of the Purchase Value for the Property to Agency through credit by City in favor of Agency against certain outstanding debt owed by Agency to City. Further, the City Manager and his designee(s) are hereby authorized to evidence, document (in form approved by City Attorney), and carry out City's payment of the Purchase Value for the Property and to cause the credit of such payment in favor of Agency. Section 5. The form of the conveyance by quitclaim deed is hereby approved and the City Manager is authorized to cause to preparation of such deed in cooperation with the Agency Executive Director, subject to approval of the City Attorney and consistent with the authorizations herein. Section 6. The City Clerk is authorized to accept the deed (when in final form and approved by the City Attorney) and to attest any implementing document authorized by this Resolution. The City Clerk is further authorized and directed to cause the deed to be recorded in the Office of the Recorder of the County of San Diego or, in the appropriate circumstance, deposited into an escrow pertaining to the disposition of the Property. Section 7. The City Manager is authorized to execute and carry out the disposition, payment, and credit of the Purchase Value as herein described, and to execute and implement any other or further documents necessary to carry out the disposition authorized by this Resolution. Section 8. The City Clerk shall certify to the adoption of this Resolution. Presented by Approved as to form by Maria Kachadoorian Director of Finance 2 cl-/.3