HomeMy WebLinkAboutRDA Packet 2004/09/14
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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