HomeMy WebLinkAboutRDA Packet 1996/10/01
"I declare under penalty of perjury that I am
employed by tl,e City of Chuia Vista in the
Community Development DeJar~mont and that I postf
this Agenda/Notice on the !J:l:I:~;~ Board at the
Public ~8U; d¡nE ~J at City Hall on
Tuesday, October I, 1996 DATE: SIGNED ~ ~ " Council Chambers
4:00 p.m. tl Public Services Building
(immediately following the City Council meeting)
REVISED
Regular Meeting of the Redevelopment Agencv of the Citv of Chula Vista
CALL TO ORDER
1. ROLL CALL: Agency Members Alevy -' Moot -' Padilla -'
Rindone -' and Chair Honon -
2. APPROVAL OF MINUTES: None submitted
CONSENT CALENDAR
(NONE )
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. ¡fyou wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Secretary of the Redevelopment Agency orthe City Clerk prior to the meeting. (Complete the green form to speak
infavorofthe staffrecommendation; complete the pinkform to speak in opposition to the staffrecommendation.)
Comments are limited to five minutes per individual.
3. PUBLIC HEARING: AMENDING THE SPECIAL LAND USE PERMIT FOR THE
EST ABLISHMENT OF THE MATERIALS RECOVERY
FACILITY/TRASH TRANSFER STATION AT 1855 MAXWELL ROAD
DATED MARCH 19,1996, TO EXTEND THE PERMIT--ln order to meet
current market conditions, John Sexton Sand & Gravel has proposed to phase
construction of their proposed trash transfer facility now, and expand in the
future as the volume of trash processed at the facility increases. Sexton has
submitted phasing plans to City staff and the Design Review Committee.
Sexton has also requested extension of their Special Land Use Permit for
development of the project to be coterminous with the Owner Participation
Agreement. Staff recommends approving an extension of the Special Land
Use Permit to March 17, 1998. (Community Development Director) Item
continued from the meetim! of 9/17/96.
AGENCY
RESOLUTION 1515 AMENDING THE SPECIAL LAND USE PERMIT FOR THE
ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY/TRASH
TRANSFER STATION AT 1855 MAXWELL ROAD, DATED MARCH
19,1996, TO EXTEND THE PERMIT TO MARCH 17, 1998
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Agenda -2- October I, 1996
4. PUBLIC HEARING TO CONSIDER ADOPTION OF THE 1996-97 REDEVELOPMENT
AGENCY BUDGET AND APPROPRIATING FUNDS THEREFOR--The
Redevelopment Agency budget was approved by the City Council as part of
the City budget process, but still requires the formal adoption by the Agency
Board. Staff recommends approval of the resolution adopting the FY 1996-97
Redevelopment Agency budget. f4/5ths Vote Requiredl (Community
Development Director) Item continued from the meetina of 9/17/96.
AGENCY
RESOLUTION 1519 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR
FISCAL YEAR 1996-97 AND APPROPRIATING FUNDS THEREFOR
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 Council on such a subject, please complete the yellow "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. Your time is limited to three minutes per speaker.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, staff, or members of the general public. The items will be considered individually by the Agency
and staff recommendations 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 the City Clerk prior to the meeting. Public comments are limited to five minutes.
5. REPORT REVIEW OF SEMI EXCLUSIVE NEGOTIATING AGREEMENT WITH
E STREET TROLLEY SQUARE, LLC FOR THE DEVELOPMENT OF
A SHOPPINGIENTERTAINMENT CENTER BETWEEN E AND F
STREETS WEST OF WOODLAWN AVENUE, AND ISSUING
INSTRUCTIONS TO NEGOTIA TORSb The proposed shopping and
entenainment center site incorporates the City's Public Services Yard and
reconfigures the E Street Trolley Station. Staff recommends the
Redevelopment Agency defer funher negotiations on this project until more
information is available concerning the status of the Public Works Yard and
development of the Bayfront. (Community Development Director) Item
continued from meetina of 9/17/96.
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Agenda -3- October I, 1996
OTHER BUSINESS
6. DIRECTOR'S/CITY MANAGER'S REPORT(S)
7. CHAIR'SIMAYOR'S REPORTCS)
8. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular Redevelopment Agency Meeting on October 15, 1996 at 6:00 p.m.,
immediately following the City Council meeting, in the City Council Chambers.
[M: \HOMEICOMMDEVIAGENDASII O-Q1-96.AGD]
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REDEVELOPMENT AGENCY AGENDA STATEMENT
Item 3
Meeting Date 10/01/96
ITEM TiTlE: PUBLIC HEARING: Amending the Special land Use Permit for the
Establishment of the Materials Recovery Facility/Trash Transfer Station at
1855 Maxwell Road Dated March 19, 1996, to Extend the Permit
Resolution 1515 Amending the Special land Use Permit for the
Establishment of a Materials Recovery Facility/Trash Transfer Station at
1855 Maxwell Road, Dated March 19, 1996, to Extend the Permit to March
17, 1998
SUBMITTED BY: Community Development D~ t.t+~ t.S
REVIEWED BY: Executive DirectoJ,Ct ~ /'2 (4/5ths Vote: Yes- No_X..!
BACKGROUND: The Agency approved a Special Land Use Permit (SUP) and Owner Participation
Agreement (OPA) for the development of a materials recovery/trash transfer facility on a ten acre
site located at 1855 Maxwell Road on March 19, 1996. The Developer, John Sexton Sand and
Gravel Corporation (Sexton) has rethought the economics of the project and determined that the
project should be phased in order to meet current market conditions. Sexton proposes to build
approximately half of the project now, and expand it in the future as the volume of trash
processed at the facility increases. Sexton has submitted phasing plans to City staff and the
Design Review Committee. At their meeting of September 17, the Agency approved an
amendment to the OPA with Sexton to incorporate the phasing plans and additional conditions as
recommended by the Design Review Committee. The Agency also approved an extension of the
OPA to March 17, 1998 due to the additional time needed to redesign and obtain permits for the
project. The Agency is now requested to hold a public hearing to consider extension of the Special
land Use Permit to coincide with the OPA.
RECOMMENDATION: That the Agency adopt the resolution approving an extension of the Special
Land Use Permit to March 17, 1998.
BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee (DRC) reviewed
the original project in January, February and March of this year and recommended approval at their
meeting of March 11, 1996. The DRC reviewed the phasing plans for the project at their meeting
of August 26, 1996 and recommended that the Agency approve the plans subject to the following
conditions:
1. This proposal, as submitted, shall be subject to all of the conditions imposed upon
the project as part of Special Use Permit SUPO-96-01.
2. This proposal, as submitted, shall be subject to all conditions imposed upon the
project submitted as DRC-96-20 and conditionally approved on March 11, 1996.
3. All areas for future expansion which are shown in the Phase 1 proposal as
"hydroseeded turf" shall be irrigated with a sprinkler system acceptable to the City
Landscape Planner.
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Page 2. Item ~
Meeting Date 10/01/96
4. A landscape maintenance letter, as called for in the City of Chula Vista landscape
Manual, covering all areas shown as "hydroseeded turf", shall be submitted to the
City landscape Planner at the building permit submittal stage.
5. The north elevation shall be articulated similar to the north elevation originally
submitted. The proposal will be approved at staff level.
The Otay Valley Road Project Area Committee considered the SUP but did not take action due to
potential conflicts of interest with several members. The Project Area Committee was advised
that the project amendment was going to be presented to the DRC and Agency.
DISCUSSION:
Plans for the trash transfer facility were first submitted to the City for review in November, 1995.
The project entailed a large, utilitarian building within which trash would be separated and
processed. Following substantial revision of the plans at the urging of City staff, the plans were
submitted to the DRC in January and resubmitted in February and March 1996. During that time,
the DRC, staff and the applicant worked intensively to arrive at a satisfactory design solution for
the project.
The project was originally designed to process up to 1,850 tons of trash per day. However, an
analysis of potential supply in the area has forced the developer to rethink the project. Sexton is
now proposing to build out just over half of the original project which will be able to process up
to 1,000 tons of trash per day. Final buildout is not anticipated until market conditions warrant
expansion.
Since the phasing plan modified the plans approved as part of the OPA and added conditions, the
Agency amended the OPA to include the phasing plans and conditions on September 17, 1996.
The Agency extended the CPA to March 17, 1998 (it would have expired in May 1997), because
of the delay caused by redesigning the project and the additional time needed to obtain local and
State permits. This provides the developer 18 months from the date of approval of the
amendment to obtain permits and begin construction.
In addition, the developer has requested that the SUP for the trash transfer facility, approved on
March 19, 1996 for an effective period of one year, be extended to coincide with the effective
date of the CPA, as amended.
FISCAL IMPACT: The originally facility, including machinery, was estimated to have a value of
$10 million which would have generated $100,000 in tax increments to the Agency in the first
year following completion. In addition, the facility was to provide 59 jobs with possible expansion
to 100.
The proposed scaled down project will be valued at $7 million and provide the Agency with
$70,000 in tax increment revenues. Number of jobs at the reduced facility are estimated at
30-40.
(FK) M,IHOMElCOMMDEVISTAFFlD9-01-96ISEXTLUP.113 [S"tomb" 19.1996 (mD2om)1
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NOTICE OF PUBLIC HEARING AMENDING A SPECIAL lAND USE PERMIT
FOR THE ESTABLISHMENT OF A
MATERIALS RECOVERY FACILITYITRASH TRANSFER SITE
NOTICE IS HEREBY GIVEN that the City of Chula Vista Redevelopment Agency will hold a
public hearing to consider amending a Special land Use Permit for the establishment of a
materials recovery facility/trash transfer station at 1855 Maxwell Road within the Otay
Valley Redevelopment Project Area dated March 19, 1996, to extend the permit.
Anyone desiring to review the amended OPA may review a copy at the Chula Vista
Community Development Department, 263 Fig Avenue, Chula Vista. All written
comments should be forwarded to the Redevelopment Coordinator, Community
Development Department, City of Chula'Vista, 276 Fourth Avenue, Chula Vista, CA
91910 ([619] 691-5047).
If you wish to challenge the City's action in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Community Development Department at, or prior
to, the public hearing.
SAID PUBLIC HEARING Will BE HELD on October 1, 1996, at 4:00 p.m. (immediately
following the City Council meeting) in the Council Chambers, 276 Fourth Avenue, Chula
Vista, CA 91910. At this time, any person may appear to be heard.
Date: September 23, 1996
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619-323-7867 (SUNS) /-". "oF 1901 E. Barlsto Rd..
FAX 619-323-86.49 MINUR J!EAlm~: ØAS~øAU, r' "'"' '- Palm Springs. CA 92262
Members of the Western Baseball League
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September 12, 1996 IJtP~ " ,,' ~
Mr. Kevin Towers, General Manager SEP 1 6 1996 \
San Diego Padres I
P. O. Box 2000 !
San Diego, California 92112 --------.. -"
Dear Kevin:
The Suns are seriously considering a move to Chula Vista after weeks of very positive
discussions with ci1;y officials. We will have a stadium built for us on one of two sites in Chula Vista,
with a temporary location on the same site. Jimmy Lee Soloman from the Commissioner's office
reiterated that we do not need approval to move since our league is not a member of the National
Association, and that we should deal directly with the Padres on public relations pertaining to the
two teams coexistence. It is our intention to be proactive with the Commissioner's office and the
Padres to promote baseball in San Deigo.
Our decision is primarily based on the wide range of opportunities close to the border for
the franchise to offer baseball to lower to middle income families, many of whom are not in a
position to consider Major league baseball an option for their entire family. We have been assured
by the Western league office that, upon receipt of the Padres 1997 schedule, our home games will
be carefully planned around the Padres home schedule. Our intent is not to threaten, but to
enhance, awareness and love for the sport. We believe that there is something almost magical
about the way baseball can take us out of ourselves for a time and separate us from our worries and
cares. This philosophy can only benefit all of baseball. We provide the introduction to the sport
and build fans through our "family entertainment" approach both on and off the field. Independent
minor league baseball appeals to a different market, a market that must be groomed to take the
ne>ct: step up.
We share the philosophy with many young, successful athletes who are motivated by a
desire to be the best they can be rather than simply better than anyone else. We view the
competitor not as an adversary or an enemy to be defeated at all costs, but as a partner sharing a
goal, a catalyst that prompts both of them to do their very best.
The Suns will bring many positives to the South Bay area that will enhance the growth of
professional baseball in the area. Freedom of movement between Mexico and the u.s. presents a
wonderful opportuni1;y for many to enjoy baseball who may otherwise be eJ(Cluded. We believe that
the opportuni1;y to enjoy professional sports should be shared by everyone.
Our intent is to form a cooperative relationship that would be based on the following:
I. Cultivate fans
A. Many fans have turned to independent baseball to keep their best memories alive. The
Suns can help cultivate these fans, many of whom were affected by the Major league Baseball strike,
to become open to Major league Baseball again through a cooperative marketing and public
relations project.
B. People who are not baseball fans many times will go to independent minor league games
for the fun and entertainment. Many, especially the younger ones, become baseball fans.
C. A non-competitive schedule would help satisfY baseball appetites while Padres are on
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the road. The Suns will work with the WBl to develop their schedule around the Padres
schedule.
D. Mexican fans who can now ride the trolley to Chula Vista to enjoy baseball in 1997 will
be able to ride the trolley extension in 1998 to Jack Murphy Stadium. The Suns are now
forming an alliance with Cloud 9 Shuttle and San Diego Transit to shuttle fans from the
Trolley stations to the games with the theme "Take the Trolley to the Ballgame".
II. Cultivate players
A. Several alumni of DiCarlo teams who have played in the major leagues include Ariel
Prieto, Darnell Coles, Jeff Conine, Greg Colbrun, Troy Percival, Todd Burns, Mike Warren,
John DeSilva, and Chuck Carr. Other notables include Euclides Rojas, Tom Benedickt, Rod
Poissant, and Denny Schaeffer.
B. Independent minor league baseball, from its rebirth in 1993 has, according to Howe
Sports Data, placed well over 100 players in major league organizations. It can also serve as
an opportunit;)' for recently released major leaguers to extend their careers and be resigned.
A case in point is Darryl Strawberry who the Suns worked very hard to sign in 1996, and
who eventually signed with the St Paul Saints, and then at mid-season with the Yankees.
C. Suns have signed players with the A's, the Angels, Boston, Florida, and the Dodgers since
their inception in 1994.
D. With the talent available in the San Diego area the Suns could be very helpful in
developing local talent that could eventually be signed by the Padres.
E. The Suns have been involved for over a year in negotiations with the Pacific Coast
Mexican Winter league to finally bring a team to the United States. This would allow the
Padres to view the entire Mexican talent pool as its visiting teams come to Chula Vista. It
would also allow a Winter location close to home to develop talent in the Winter league. We
are interested in cooperating with the Padres in this area as well.
III. Successful history of minor league teams close to major league teams:
A. The Seattle Mariners have both Tacoma (AAA) and Everett (Short A).
B. The Phillies have Scranton (AAA) and Redding (M)
C. Boston has Pawtuckett (AAA) and lowell, Massachusetts (Short A).
D. Many major league teams have one or more teams not affiliated with their organizations
close to them, including the long Beach Riptide of the Western league and the St Paul
Saints of the Northern League.
Prejudice and discrimination are reversible because both come from fear. Our intent is to
sidestep negatives and get down to being good neighbors and working together toward the
betterment of the game and the organizations. It is our feeling that we know our craft, we
communicate clearly, and we have open minds.
I look forward to meeting with you soon to discuss our move to Chula Vista and other issues
of interest. We intend to be proactive with the Commissioners office and the Padres.
Sincerely,
~!tL-~
Don DiCarlo
President
cc: John Moores, Padres principal owner
Larry lucchino, Padres President
Priscilla Oppenheimer, Padres Director of Minor leagues
John Goss, Chula Vista Cit;)' Manager
Chris Salamone, Chula Vista Economic Development ~i nnn~ /::;"":FP.
Scott Alevy, Chula Vista Cit;)' Council ~ìiGUià~Etit~(t~
David Baron, Attorney at Law
Members ollhe Western Baseball League
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SEP-19-1996 13:22 PR..M SPR I I'œ Sl-"IS B- BALL 619 323 8649 P.02
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September 19, 1996
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John D. Goss, C1CY Manager
City of ChIlls Vista,.. . -""--0. -'"'..".,.'-- .-.
276 FourtÀ Avenue 'n '. 'F"""~ ",," .., r;,~, :' ë"", f'!; "
Chllla Vista, California '91910
Pear Hr. GOBS:
This letter Of intent sets forth the basic terms and
conditions under which the 'Palm springs Suns wrl~ move 1ts
Western Baseball League franchise to the City of Chula Vista.
This letter confirœs some basic understandings between the
parties and contemplates more formal negotiations, which will
ultimately culminate in a forøal written agreement and, most
l1kely, a DCA.
. This letter will confirm that the Palm Springs Suns are
willing to move their team from the Palm Springs area to Chula
Vista provided 8 4,000-se.t stadium is built and ready for
occupancy by the beginning of the 1998-99 season- It: ia
under5tood that the cost of the facility will be approximately
$3.~ Million and will have a capacity of 4,000 seate with
sufficient parking to accommodate the tea~'a pat~o~s. The
facility shall include certain specified impro~ent. and adhere
to provided Specifications for a public address system,
scoreboard, concession facilities and adherence to all ADA
handicap ~9ulat10ns. The parties have tentatively aqreed on the
possibility of two sites, one near Dtai Ranch, which facility is
near the United States Olympic Training Facility and will be
built in conjunction with. proposed 20,OOO-seat KCA amphitheater
and aa~in~ Waters ooøplex. .
The other aite.is identified .. the Port ~uthority 19CAtion.
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SEP-19--1996 13:22 PFLM 5PRli'I>S 5lJE B-Bft.L 619 323 8649 P.B3
John D. Goss. City Manager
City of Chula Vista
September 19. 199ö
Paq9 2
The P.l~ Springe Sun. haYe 'agreed and ~Lll ~.e Chute Vista
in the name of ~e team. Tbe team will aiqn a long-te:m 1ea89 in
the new facility provided it ie built to our speçificationa as
generally referenced above. The team will use ita beat efforts
to becoIIIe 1nvQlved in bringirig'tlieo'first Amedcan fnnchhe of
the Mexican Leaque to the United States in the City Qf Chula
Vi8C4 for winter league play. The team would also b. prepared to
give the City. for at leaat the first year of operation. 50
tickets per q~ for marketing and promotional purposes fQr the
City. ..--"....,:.~...."..,--.,,_. ..-.. ,...
The tltUl will "l6bt~ïir~¡pp~'ialfÓi: the lI\QVe froIlFth~:.g~fern
Baseball L.ai~. and will commit to play. minimwa of 4~ re9~lar
aeaaon games, plus winter leaque and other special events aa ean
be scheduled.
The team would alao like to have the right to use the
parking lot and field adjacent to the stadium for other community
events auçh as community baseball ç~a. 3-on-J basketball,
volleyball. roller hockey. ,oftball. soccer and championship
reg~onal high school football tournaments. 4S a community
lervice.
This lette~ of intent is not intended to bind either aide.
but lets forth th. cOllUllitment' of the Palm springs'Suns With
respect to the eatAblish8ent of a W..tern Baaeball League
franchise in Chula Vista. California.
~ery truly yours;
~
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DLB:wda
c: Mr. Donald A. Dicarlo
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RESOLUTION NO. 1515
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA AMENDING A SPECIAL LAND USE PERMIT FOR THE
ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY/TRASH
TRANSFER STATION AT 1855 MAXWEll ROAD WITHIN THE
OTAY VAllEY REDEVElOPMENT PROJECT AREA DATED
MARCH 19, 1996 TO EXTEND THE PERMIT
WHEREAS, the Redevelopment Agency of the City of Chula Vista (the "Agency")
approved a Special Land Use Permit (the "Permit") for the establishment of a materials recovery
facility/trash transfer station (the "Facility") at 1855 Maxwell Road within the Otay Valley Road
Redevelopment Project Area on March 19, 1996, and
WHEREAS, said Permit has an effective period of one year from the date of
approval within which building permits must be obtained and development begun; and
WHEREAS, the developer of the Facility, John Sexton Sand & Gravel Corp. (the
"Developer"). has had to redesign the Facility in order to incorporate a phased development plan
which necessitates the submission of new applications for permits from the City of Chula Vista
and the State of California which will require additional processing time; and
WHEREAS, the Developer has requested that the effective period of the Permit be
extended until March 17, 1998 in order to accommodate the time necessary to obtain permits
for development of the Facility and to coincide with the effective period of the Owner Participation
Agreement for development of the Facility which was amended on September 17, 1996 to
incorporate phasing plans, certain conditions and extend the effect period until March 17, 1998;
and
WHEREAS, Initial Environmental Study IS-95-28, of possible adverse environmental
impacts has been conducted by the Environmental Review Coordinator who concluded that there
would be no significant environmental effects from development of the Facility and Negative
Declaration IS-95-28 was adopted by the Agency on March 19, 1996.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City
of Chula Vista hereby amends the Special Land Use Permit (copy attached) for the development
of a materials recovery facility/trash transfer station at 1855 Maxwell Road, within the Otay Valley
Road Redevelopment Project Area approved on March 19, 1996 as follows:
1. The first sentence of the second paragraph of Section 4 of the Special Land Use
Permit is eliminated in its entirety and replaced with the following sentence;
"This Special land Use Permit shall become void and ineffective if
not utilized by March 17, 1998 in accordance with Section
19.14.260 of the Municipal Code."
2. Condition (2) under Plannina Department in Section 4 is amended by adding the
following words: "...and DRC 96-20M."
3. Except as expressly amended herein, all other terms and conditions of the Special
Use Permit shall remain in full force and effect.
SIGNATURE PAGE FOLLOWS
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JOHN SEXTON SAND & GRAVEL
CORP.
Arthur Daniels. CEO
President
Presented by Approved as to form by
~, ~ (.~Jt2:Jì?1 (~J ßJ;~#
Chris Salomone Ann oore
Director of Community Development Acting Agency Attorney
[lfk[ M,IHOMElCOMMDEVIRESOSl",opÛ.", "'ptomb" 17.1996 [lA9pm)]
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1687 14--nlN-1996 08=56 AM
Recording Requested By ;;~::!::4~ ~£~~91;,
and When Recorded Return to: Sr;g :':::~f ~rrs:r R£CDRDER'S ~FFIC:
\ ; :;"!~F:' :~l~h ~~~;i"TV ~DF1'F
The Redevelopment Agency of the. ;ŒS~ ~. Do}
City of Chura Vista
276 Fourth Avenue :' .'
Chura Vista, CA 91910 :;.j
,.
Attention: Sylvia C. Simmons
{Space above for Recorder's use only]
SPECIAL LAND USE PERMIT
For the Establishment of A I
Mateñals Recove~ FacilitylTrash Transfer Station
At-1855 Maxwell Road
C~ula Vista, CA
On March 19, 1996, the 9.ty of Chura Vista Redevelopment Agency adopted Resolution 1486,
attached hereto as Exhibit A, as to the property known as. 1855 Maxwell Road and more particularly
set forth on locator Map attached hereto as Exhibit B.
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1688 EXHIBIT A
RESOLUTION 1486
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA ADOPTING INITIAL ENVIRONMENTAL STUDY INEGA TIVE
DECLARATION 15-95-06, ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, MAKING ANDINGS UNDER THE OT A Y VAllEY ROAD
REDEVElOPMENT PROJECT AREA IMPlEMENTATION PlANIDESIGN MANUAL
ADDENDUM, AND APPROVING A SPECIAL LAND USE PERMIT FOR THE
ESTABUSHMENT OF A MATERIALS RECOVERY FAC/UTY/TRASH TRANSFER
STATION AT 1855 MAXWell AVENUE WITHIN THE OTAY VALLEY ROAD
REDEVELOPMENT PROJECT AREA
Whereas, the John Sexton Sand and Gravel Corporation CoDeveloper") desires
to develop a trash transfer facility Cthe"Project") at 1855 Maxwell Road,Cthe "Site") within the
Otay Valley Road Redevelopment Project Area; and,
Whereas, the site is located within an loP Clndustri~IfPrecise Plan) zone and the
project requires a Special land Use Permit in order to be developed within that zone; and
Whereas, the Otay Valley Road Project Area Committee noticed and held a
public meeting'on March 18, 1996 to consider the project, made. the requisite findings and
recommended that the Agency approve a Special Land Use Permit for the project including
certain conditions; and,
Whereas, the Agency duly noticed and held a public hearing on the requested
Special Land Use Permit on March 19, 1996, and all protests, if any, to the approval of a
Special Land Use Permit in the manner herein contèmplated, were made and received at said
public hearing, and no convincing objections to the proposed transaction were found to exist;
and,
Whereas, Initial Environmental Study IS-95-28, of possible adverse
environmental impacts of the project has been conducted by the Environmental Review
Coordinator who concluded that there would be no significant environmental effects ,,!nd
recommends Negative Declaration IS-95-28 be adopted;
Whereas, the Redevelopment Agency is requested to review and adopt the
Mitigation Monitoring and Reporting Program; and
Whereas, the Redevelopment Agency is also requested to make Rndings under
the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual
Addendum.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA does'hereby find, order, determine and resolve as follows:
Section 1. to adopt Negative Declaration issued under IS-95-28.
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Resolution 1486 1689
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Section 2. to adopt the Mitigation Monitoring and Reporting Program.
Section 3. to make the ;following Findings under the Otay Valley Road
Redevelopment Project Area Implementation Plan/Design Manual Addendum:
a. The Proposed Special land Use Permit does not constitute a substantial
detriment to the Project Area or adjacent areas in that it is compatible with
surrounding uses.
b. The proposed Special land Use Permit generally promotes the orderly
physical and economic development of the Project Area in that its continuance
contributes to the local economy by providing a needed service.
c. The proposed Special land ~se Permit is generally consistent with the
townscapelplanning and urban design objectives of the Implementation
Plan/Design Manual Addendum, and contributes to the amenity of the Project
Area in that the project must implement any requirements related to
landscaping, exterior structural alterations, etc.
Section 4. to approve a Special land Use Permit for'the establishment of a
Materials Recovery FacilitYfTrash Transfer Station on the property location at 1855 Maxwell
Road, Chula Vista, Cålifornia ón the following conditions:
This special land use permit shall become void and ineffective if not
utilized within one year from the effective date thereof, in accordance with Section 19.14.260
of the Municipal Code. Failure to comply with any condition of approval shall cause this
permit to be reviewed by the CitylAgency for additional conditions or revocation. The
ApplicantlDeveloper shall:
PlanninG DeDartment
1. Construct and operate the Project as described in the application and
adjoining plans, or as amended in this conditional approval.
2. Comply with and implement all plans and conditions of the Design Review
Committee as approved pursuant to DRC-96-20.
3. Comply with and implement all Mitigation and Monitoring Measures as
listed in IS-95-28.
4. A minimum of two months prior to the opening of operations, develop
and submit to the Zoning Administrator for review and approval an 0.0- and off-
site clean-up program.
5. limit the hours of operation to:
A. 5:00 a.m. to 10:00 p.m. (with no deliveries before 6:30 a.m.),
Mondays through Fridays; and
3-?
--. ---_.
T -
-- ,....
Resolution 1486
169Q Page 3
, B. 6:00 a.m. to 10:00 p.m. (with no deliveries before 7:30 a.m.),
Saturdays and Sundays.
Police DeDartment
6. At least one month prior to the opening of the Project, schedule a security
evaluation of the Project with the Crime Prevention Unit of the Police
Department and ~mplement any suggestions resulting from said survey, to the
satisfaction of the Chief of Police. Submit written proof of compliance to the
Director of Planning prior to opening of the project.
7. To the satisfaction of the Chief of Police, provide additional lighting to
that shown on the site plan at the following locations: Gate C, truck parking
area, drop~ff area, northwest parking, overflow parking, gate house, self-haul
staging area, west párking, truck staging ,area, scales, grinder/shredder or on
the perimeter of the property.
EnQineerinq Division. Public Works DeDartment
8. Pay, comply with or otherwise implement the following to the satisfaction
of the City Engineer:
A. Pay the following fees:
i. Sewer connection
ii. Traffic signal
iii. Public f.acilities Devßlopment Impact Fees
.'
B. Dedicate a half width of 36 feet along the Maxwell Road frontage.
C. Install two (2) 250 watt HPSV street lights 'on Maxwell Road.
D. Install curb, gutter and sidewalk on Maxwell Road.
E. Provide sufficient asphalt paving to provide a half-width of 36 feet
on the east side of Maxwell Road.
F. Obtain all necessary grading permits
G. Obtain an encroachment permit for the monument sign in the public
right~f-way.
School Districts
9. Prior to issuance of building permits,. pay ali school fees to the
satisfaction of the Sweetwater Union High School District and the Chura Vista
Elementary School District.
cß - 9
.. . -.-- .-.-----
Resolution 1486 1691
Page 4
Fire Deoartment
10. Prior to the submittal of building permit applications, review the project
with the Chufa Vista Fire Department and implement their suggestions, to the
satisfaction of the Fire Marshal.
11. Install fire hydrants at locations and of a type satisfactory to the Are
Marshal.
12. Install fire hose stations at locations and of a type satisfactory to the Fire
Marshal.
13. Install fire extinguishers at locations and of a type satisfactory to the Fire
Marshal.
14. Install a Knox Box or key gate switch to the satisfaction of the Fire
Marshal.
Miscellaneous
15. Applicant/qperator shall and does hereby agree to indemnify, protect,
defend and hold hannless City, its Council members, officers, employees, agents
and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including coUrt costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from:
A. City's approval and issuance of this Special Use Permit,
B. City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated
herein, and
C. Applicant's installation and operation of the facility permitted hereby.
Applicant/operator shall acknowledge their agreement to this provision by
executing a copy of this Special Use Permit where indicated, below. Applicant'sl
operator's compliance with this provision is an express condition of this Special
Use Permit and this provision shall be binding on any and all of
Applicant'Sloperator's successors and assigns.
Execution and Recordation of Resolution of ADDrovai
16. The property owner and the applicant shall execute this document by
signing the lines provided below before a notary public, said execution indicating
that the property owner and applicant have each read, understood and agreed to
the conditions contained herein. Upon execution, this notarized document shall
be 'recorded with the County Clerk of the County of San Diego, at the sole
~ -(0
.-....-.- ..-..-
. .
;t692 , ,
. ResolUtion 1486
Page 5
Department shall indicate the property owner'slapplicant's desire that the project,
and the corresponding application for building pemIits and/or a business license,
be held in abeyance without approval. '
In accordance with the provisions of Resolution 1486 of the Redevelopment Agency of the City
of ChuIa Vista granting a Special Use Pennit for the development of a Trash Transfer Facility
at 1855 Maxwell Road the signator below declares that they shaIl abide by the provisions of the
resolution.
JOHN SEXTON SAND & GRAVEL
CORPORATION .. I
SUBSCRIBED and SWORN to
~-~ before me this 16th day of
lfaÛ 199~.
-r: - !:,~ . /
Arthur Daniels .,C:I3.0. .OfF I fA l SEAL"
President
Date: .ð;!;b h<b ZENA RAYFORD
NOTARY PUBLIC, STATE OF ltUNOIS
/- / MY COMMISSION EXPIRES 3/22/9B
.....,,~~
"
Submitted by Approved as to Form
&-5~ ~~o~
Chris Salomone
Community Development Director y Counse
.ß -If
-. ....
-.1693
Resolution 1486
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, CALIFORNIA this 19th day of March 199~ by the following vote:
AYES: Members Padilla, Moot, Rindone, Alevy
NOES: Member Horton
ABSENT: None
ABSTENTIONS: None
-' ~'*,(U;-',
Shirley Ho
. Chairman
ATTEsT: L-¡;~
Chris Salomone
Executive Secretary
"
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula
Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct .copy
of Resolution No. 1486 and that the same has not been amended or repealed.
Dated: March 20. 1996 . (Á<Ç¡~
Chris Salomone
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1687 14-IUN-1996 08=56 AM
Recording Requested By ~::'rT~; ,';-"n~r,:
and When Recorded Return to: t;^< -,"::':- -~;'"~~:\;-,¿:~ñ5~i~.t; ~.q".
.~.. ...u- --'-'.., .,--",,"-.. - ..: .c.
\::~é~Q:: :~Fh ~;~;:\' ~D¡.DE¡' - .,
The Redevelopment Agency of the \ .'cc~- ,-~,
City of Chura Vista .
276 Fourth Avenue ' :
Chula Vista, CA 91910 .' "'.I
! .
Attention: Svlvia C. Simmons
[Space above for Recorder's use only]
SPECIAL LAND USE PERMIT
For the Establishment of A I
Materials Recovery facilitylTrash Transfer Station
At 1855 Maxwell Road
Chula Vista, CA
On March 19, 1996, the Ci,ty of Chula Vista Redevelopment Agency adopted Resolution 1486,
attached hereto as Exhibit A, as to the property known as 1855 Maxwell Road and more particularly
set forth on locator Map attached hereto as Exhibit B.
4 - b -3
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1688
EXHIBIT A
RESOLUTION 1486
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA ADOPTING INITIAL ENVIRONMENTAL STUDY/NEGATIVE
DECLARATION IS-95-o6, ADOPTING THE MITIGATION MONITORING AND
REPORTING PROGRAM, MAKING ANDINGS UNDER THE OT A Y VAllEY ROAD
REDEVElOPMENT PROJECT AREA IMPLEMENTATION PlANJDESIGN MANUAL
ADDENDUM, AND APPROVING A SPECIAL LAND USE PERMIT FOR THE
ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY /TRASH TRANSFER
STATION AT 1855 MAXWELL AVENUE WITHIN THE OTAY VALLEY ROAD
REDEVELOPMENT PROJECT AREA
Whereas, the John Sexton Sand and Gravel Corporation ("Developer") desires
to develop a trash transfer facility (the"Project"' at 1855 Maxwell Road/the "Site") within the
Otay Valley Road Redevelopment Project Area; and,
Whereas, the site is located within an loP (lndustri"I1/Precise Plan) zone and the
project requires a Special Land Use Permit in order to be developed within that zone; and
Whereas, the Otay Valley Road Project Area Committee noticed and held a
public meeting' on March 18, 1996 to consider the project, made,the requisite findings and
recommended that the Agency approve a Special Land Use Permit for the project including
certain conditions; and,
Whereas, the Agency duly noticed and held a public hearing on the requested
Special Land Use Permit on March 19, 1996, and all protests, if any, to the approval of a
Special Land Use Permit in the manner tierein contemplated, were made and received at said
public hearing, and no convincing objections to the proposed transactio'n were found to exist;
and,
Whereas, Initial Environmental Study 15-95-28, of possible adverse
environmental impacts of the project has been conducted by the Environmental Review
Coordinator who concluded that there would be no significant environmental effects é!nd
recommends Negative Declaration 15-95-28 be adopted;
Whereas, the Redevelopment Agency is requested to review and adopt the
Mitigation Monitoring and Reporting Program; and
Whereas, the Redevelopment Agency is also requested to make Findings under
the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual
Addendum.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA does'hereby find, order, determine and resolve as follows:
Section 1. to adopt Negative Declaration issued under 18-95-28.
4- h -4
- -
Resolution 1486 1689
Page 2
'or
Section 2. to adopt the Mitigation Monitoring and Reporting Program.
Section 3. to make the ;following Findings under the Otay Valley Road
Redevelopment Project Area Implementation Plan/Design Mànual Addendum:
a. The Proposed Special land Use Permit does not constitute a substantial
detriment to the Project Area or adjacent areas in that it is compatible with
surrounding uses.
b. The proposed Special land Use Permit generally promotes the orderly
physical and economic development of the Project Area in that its continuance
contributes to the local economy by providing a needed service.
c. The proposed Special land ':Jse Permit is generally consistent with the
townscapelplanning and urban design objectives of the Implementation
Plan/Design Manual Addendum, and contributes to the amenity of the Project
Area in that the project must implement any requirements related to
landscaping, exterior structural alterations, etc.
Section 4. to approve a Special land Use Permit for' the establishment of a
Materials Recovery FacilitYfTra,sh Transfer Station on the property location at 1855 Maxwell
Road, Chula Vista, California on the following conditions:
This special land use permit shall become void and ineffective if not
utilized within one year from the effective date thereof, in accordance with Section 19.14.260
of the Municipal Code. Failure to comply with any condition of approval shall cause this
permit to be reviewed by the CitylAgency for additional conditions or revocation. The
ApplicantlDeveloper shall:
Plannino DeDartment
1. Construct and operate the Project as described in the application and
adjoining plans, or as amended in this conditional approval.
2. Comply with and implement all plans and conditions of the Design Review
Committee as approved pursuant to DRC-96-20.
3. Comply with and implement all Mitigation and Monitoring Measures as
listed in IS-95-28.
4. A minimum of two months prior to the opening of operations, develop
and submit to the Zoning Administrator for review and approval an on- and off-
site clean-up program.
5. Limit the hours of operation to:
A. 5:00 a.m. to 10:00 p.m. (with no deliveries before 6:30 a.m.),
Mondays through Fridays; and
4 - ¡; - ~
,.- ,.~
Resolution 1486
169Q Page 3
. B. 6:00 a.m. to 10:00 p.m. (with no deliveries before 7:30 a.m. I,
Saturdays and Sundays.
Police DeDartment
6. At least one month prior to the opening of the Project, schedule a security
evaluation of the Project with the Crime Prevention Unit of the Police
Department and implement any suggestions resulting from said survey, to the
satisfaction of the Chief of Police. Submit written proof of compliance to the
Director of Planning prior to opening of the project.
7. To the satisfaction of the Chief of Police, provide additional lighting to
that shown on the site plan at the following locations: Gate C, truck parking
area, drop-off area, northwest parking, overflow parking, gate house, self-haul
staging area, west pãrking, truck staging ,area, scales, grinder/shredder or on
the perimeter of the property.
Enaineerina Division. Public Works DeDartment
8. Pay, comply with or otherwise implement the following to the satisfaction
of the City Engineer:
A. Pay the following fees:
i. Sewer connection
ii. Traffic signal
iii. Public f.acilities Development Impact Fees
.'
B. Dedicate a half width of 36 feet along the Maxwell Road frontage.
C. Install two (2) 250 watt HPSV street lights .on Maxwell Road.
D. Install curb, gutter and sidewalk on Maxwell Road.
E. Provide sufficient asphalt paving to provide a half-width of 36 feet
on the east side of Maxwell Road.
F. Obtain all necessary grading permits
G. Obtain an encroachment permit for the monument sign in the public
right-of-way.
School Districts
9. Prior to issuance of building. permits, pay ali school fees to the
satisfaction of the Sweetwater Union High School District and the Chula Vista
Elementary School District.
4 -6 -ro
- .
Resolution 1486 1691
Page 4
Fire DeDartment
10. Prior to the submittal of building permit applications, review the project
with the Chula Vista Fire Department and implement their suggestions, to the
satisfaction of the Fire Marshal.
11. Install fire hydrants at locations and of a type satisfactory to the Fire
Marshal.
12. Install fire hose stations at locations and of a type satisfactory to the Fire
Marshal.
13. Install fire extinguishers at locations and of a type satisfactory to the Fire
Marshal.
14. Install a Knox Box or key gate switch to the satisfaction of the Fire
Marshal.
Miscellaneous
15. Applicant/operator shall and does hereby agree to indemnify, protect,
defend and hold hannless City, its Council members, officers, employees, agents
and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorneys' fees (collectively,
"liabilities") incurred by the City arising, directly or indirectly, from:
A. City's approval and issuance of this Special Use Pennit,
B. City's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated
herein, and
C. Applicant's installation and operation of the facility pennitted hereby.
Applicant/operator shall acknowledge their agreement to this provision by
executing a copy of this Special Use Permit where indicated, below. Applicant's/
operator's compliance with this provision is an express condition of this Special
Use Permit and this provision shall be binding on any and all of
Applicant's/operator's successors and assigns.
Execution and Recordation of Resolution of Aooroval
16. The property owner and the applicant shall execute this document by
signing the lines provided below before a notary public, said execution indicating
that the property owner and applicant have each read, understood and agreed to
the conditions contained herein. Upon execution, this notarized document shall
be 'recorded with the County Clerk of the County of San Diego, at the sole
q - 6 -7
1692 ' ,
Resolution 1486
Page 5
Department shall indicate the property owner's!applicant's desire that the project,
and the corresponding application for building permits and/or a business license,
be held in abeyance without approval.
In accordance with the provisions of Resolution 1486 of the Redevelopment Agency of the City
of Chula Vista granting a Special Use Permit for the development of a Trash Transfer Facility
at 1855 Maxwell Road the signator below declares that they sbalI abide by the provisions of the
resolution.
JOHN SEXTON SAND & GRAVEL
CORPORATION '
SUBSCRIBED and SWORN to
~-~ before me this 16th day of
M~ 199~,
L -'t:: -~-~ . /
Arthur Daniels - c':13.0. .0 F F I I A l SEA l"
President
Date: ..:5~b h6 ZENA RAYFORD
NOTARY PUBLIC. STATE Of ILLINOIS
/ / MY COMMISSION EXPIRES 3/22/98
^"'~~~
Submitted by Approved as to Form
&-5~ ~o~
Chris Salomone
Community Development Director y Counse
1-b - <g
-.1693
Resolution 1486
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, CALIFORNIA this 19th day of March 199~ by the following vote:
AYES: Members Padilla, Moot, Rindone, Alevy
NOES: Member Horton
ABSENT: None
ABSTENTIONS: None
.~~
Shirley Ho
. Chairman
ArrEST: -&--):' ~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula
Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy
of Resolution No. 1486 and that the same has not been amended or repealed.
Dated: March 20, 1996 fÁ< Ç¡~
.Chris Salomone
4 - 6 - 9
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01Y OF
CHULA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
.
FAX # (619) 476-5310
TElEFAX COVER lETTER
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COMPANY:
ATTENTION: Q,§
FROM: '1-77-'1 --
DATE: >
PAGES: .3
(Includes thIS Cover page.)
FAX#: ¿¡¿& -- G3 44:,
-
Message:
If ai/pages are not received; please call (619) 691-5047.
.
276 FOURTH AVENUEICHULA VISTA. CALIFORNIA 92010/(6t9) 691-504,
- -
********************************************************************************************************
* P.Ol *
* TRANSACTION REPORT *
* SEP-17-96 TUE 10:49 *
* *
* DATE START RECEIVER TK TIME PAGES TYPE NOTE *
* *
* SEP-17 10:47 94266346 l' 50' 3 SEND OK *
* *
********************************************************************************************************
-" ... -.-. ..".."-",, .-. ...
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CllY OF
CHUlA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
September 16, 1996
VIA FAX - 426-6346
Star News
Legal Department
835 Third Avenue
Chura Vista, CA 91910
RE: NOTICE OF PUBLIC HEARING AMENDING A SPECIAL LAND USE PERMIT
FOR THE ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY/TRASH
TRANSFER SITE
Enclosed is a copy of the notice of public hearing amending a special land use
permit.
Please publish this document on Saturday, SeDtember 21, 1996 and forward a
proof of publication notice, as well as the invoice, to the Community Development
Department, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910.
Sincerely,
~~
Fred Kassman
Redevelopment Coordinator
FK/ak
Attachment
M : homelcommdevlkassmanlmiscltrashph .Iet
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5047
NOTICE OF PUBLIC HEARING AMENDING A SPECIAL lAND USE PERMIT
FOR THE ESTABLISHMENT OF A
MATERIALS RECOVERY FACllITYfTRASH TRANSFER SITE
NOTICE IS HEREBY GIVEN that the City of Chula Vista Redevelopment Agency will hold a
public hearing to consider amending a Special land Use Permit for the establishment of a
materials recovery facility/trash transfer station at 1855 Maxwell Road within the Otay
Valley Redevelopment Project Area dated March 19, 1996, to extend the permit,
Anyone desiring to review the amended OPA may obtain a copy at the Chula Vista
Community Development Department, 263 Fig Avenue, Chula Vista. All written
comments should be forwarded to the Redevelopment Coordinator, Community
Development Department, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA
91910 ([619] 691-5047).
If you wish to challenge the City's action in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Community Development Department at, or prior
to, the public hearing.
SAID PUBLIC HEARING Will BE HELD on October 1, 1996, at 4:00 p.m. (immediately
following the City Council meeting) in the Council Chambers, 276 Fourth Avenue, Chula
Vista, CA 91910. At this time, any person may appear to be heard.
Date: September 16, 1996
M : Iho me Icommdevlkassman Imis cl tr ashph. not
NOTICE OF PUBLIC HEARING AMENDING A SPECIAL LAND USE PERMIT
FOR THE ESTABLISHMENT OF A
MATERIALS RECOVERY FACILITYITRASH TRANSFER SITE
NOTICE IS HEREBY GIVEN that the City of Chula Vista Redevelopment Agency will hold a
public hearing to consider amending a Special Land Use Permit for the establishment of a
materials recovery facility/trash transfer station at 1855 Maxwell Road within the Otay
Valley Redevelopment Project Area dated March 19, 1996, to extend the permit.
Anyone desiring to review the amended OPA may review a copy at the Chula Vista
Community Development Department, 263 Fig Avenue, Chula Vista. All written
comments should be forwarded to the Redevelopment Coordinator, Community
Development Department, City of Chula'Vista, 276 Fourth Avenue. Chula Vista, CA
91910 ([619] 691-5047).
If you wish to challenge the City's action in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Community Development Department at, or prior
to, the public hearing.
SAID PUBLlë HEARING WilL BE HELD on October 1, 1996, at 4:00 p.m. {immediately
following the City Council meeting} in the Council Chambers, 276 Fourth Avenue, Chula
Vista, CA 91910. At this time, any person may appear to be heard.
Date: September 23, 1996
M : \home \co m md evl kessm 0 n \ m i s c \ tro s hph. not
II
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8.
H.G'. FENTON MATERIAL CO. OTAY INDUSTRIAL PARK ALA VIAN ABDOLLA H & GITY
P.O. BOX 64 1311 LA PALMA STREET #3 825 ENERGY WAY
SAN DIEGO CA 92112 SAN DIEGO CA 92109 CHULA VISTA CA 91911
PICK YOUR PART AUTO TAKASHIMA KATSUMI J. TR MCCORMACK JAMES H & JUNE
WRECKING 366 SURREY DRIVE 1981 TRUST
1301 E ORANGEWOOD AVE. #130 BONITA CA 91902 p,O, BOX 598
ANAHEIM CA 92805 SPRING VALLEY CA 91976
CHULA VISTA SANITARY ATTN: MICHAEL SCHROCK SNMB LTD, PARTNERSHIP
SERVICE SITE SCAPES C/O PATRICK PATEK
P.O. BOX 26105 130 NEWPORT CENTER DR# 210 32 LOOKERMAN SQ #LlOO
FORT WORTH TX 76116 NEWPORT BEACH CA 92660 DOVER DE 19901
JUSTUS JAY E & BETH J CONSOLIDATED FREIGHTW A YS
13276 NORCROFT ROAD CORP,
SAN DIEGO CA 92130 P,O. BOX 3301
PORTLAND OR 97308
6440100600 6440100600 6440100700
COUNTY OF SAN OIEGO\ COUNTY OF SAN DIEGO\ COUNTY OF SAN DIEGO\
C/O PROPERTY DEPARTMENT C/O PROPERTY DEPARTMENT
202 C ST 202 C ST 5201 RUFFIN ROAD
SAN DIEGO CA 92101 SAN DIEGO CA 92101 SAN DIEGO CA 92123
6440200300 6440401600 6440404000
COUNTY OF SAN DIEGO\ HAZARD RECONTRACTING CO\ FASK LAND INC*NSNS20%#BQRST REVOCAB
C/O PROPERTY DEPARTMENT C/O R D RANDAL
202 C ST POBOX 229000 1265 PEARLBUSH CT
SAN DIEGO CA 92101 SAN DIEGO CA 92192 EL CAJON CA 92019
6440404600 6440404700 6440404800
ADAMS DEVCO INC\ ADAMS DEVCO INC\ SANCHEZ OCTAVIO&LETICIA\
POBOX 1982 POBOX 1982 745 OTAY VALLEY RD No,A
LA JOLLA CA 92038 LA JOLLA CA 92038 CHULA VISTA CA 91911
6440404900 6440500600 6440500700
SUTl-IERLAND / PALUMBO \ FENTON H G MATERIAL CO\ FENTON H G MATERIAL CO\
1890 NIRVANA AVE POBOX64 POBOX64
CHULA VISTA CA 91911 SAN DIEGO CA 92112 SAN DIEGO CA 92112
6441810100 6441810200 6441810300
8ALLARD JAMES S&GLORIA L \ MERZAN INC\ BARBER WALTER H JR\
2543 SAN ANSELMO ST 1869 NIRVANA AVE 8163 COMMERCIAL ST
SAN DIEGO CA 92109 CHULA VISTA CA 91911 LA MESA CA 91942
6441810400 6441810800 6441810900
SCOTT JOHN E&ElVIA M\ SOCQ-LYNCH CORP\ MCMAHON JOHN J&VERONICA W TRS\
5705 SUNNY VIEW DR 1888 NIRVANA AVE 3403 WINNETKA DR
BONITA CA 91902 CHULA VISTA CA 91911 BONITA CA 91902
6441811000 6441811100 6441811500
PENINSULA VEGETABLE EXCHANGE INC\ ARNCE JOHN W&ELAINE\ KAUL OOUGLAS&KATl-IRYN\
POBOX 1628 796 ENERGY WAY 811 ENERGY WAY
CHULA VISTA CA 91912 CHULA VISTA CA 91911 CHULA VISTA CA 91911
6441811600 6441811800 6441811900
TOWNE EARl&DONNA \ GAMBOA MANUEL&SONIA\ VASQUEZ JESSE M&DORA\
1841 COLTRIDGE PL 1444 PEQUENA ST 190 EAST I ST
ESCONDIDO CA 92029 SAN DIEGO CA 92154 CHULA VISTA CA 91910
6441812000 6441812100 6441812200
STANLEY JACKIE L&JUDY E*HWJT#STANLE VAKILI MARK\ MARTIN NICHOLAS&OANH*HWJT1/2#HARTSU
795 ENERGY WAY 3151 AIRWAY AVE No.E2 783 ENERGY WAY
CHULA VISTA CA 91911 COSTA MESA CA 92626 CHULA VISTA CA 91911
6441812300 6441812400 6441812500
HYNUM FAMILY TRUST 01-29-95\ SEDIVEC JOSEF&BONNIE\ SEDIVEC JOSEF&BONNIE\
1039 E 24TH ST 3652 80NITA VERDE DR 3652 BONITA VERDE DR
NATIONAL CITY CA 91950 BONITA CA 91902 BONITA CA 91902
6441812600 6441812700 6441812800
SUTHERLAND/PALUMBO\ VILLAGOMEZ SALVADORE&BEATRIZ 0\ GUNTHORP ROBERT L&MARY E\
C/O GOLD COAST ENGINEERING
POBOX 1109 5117 RENAISSANCE AVE No.D 7B9 ENERGY WAY
BONITA CA 91908 SAN DIEGO CA 92122 CHULA VISTA CA 91911
6441B12900 6441B13000 6441B13300
ORTIZ MARCELINO&TERESA TRUST 12-30- TEMPLE CHARLES R JR\ SUTHERLAND/PALUMBO\
C/O GOLD COAST ENGINEERING
600 POINT DEFIANCE CT 790 ENERGY WAY POBOX 1109
CHULA VISTA CA 91911 CHULA VISTA CA 91911 BONITA CA 9190B
6441821200 6442301100 6442301200
OTAY INDUSTRIAL PARK*CONS5%#OTAY IN SAN DIEGO GAS&ELECTRIC CO\ SAN DIEGO GAS&ELECTRIC CO\
LAND MANAGEMENT EB - 7 LAND MANAGEMENT EB- 7
13780 E IMPERIAL HWY P,O. BOX IB31 P,O. BOX 1831
SANTA FE SPRINGS CA 90670 SAN DIEGO CA 92112 SAN DIEGO CA 92112
6442301300 6442301400 6442301500
SAN DIEGO GAS&ELECTRIC CO\ SAN DIEGO GAS&ELECTRIC CO\ SAN DIEGO GAS&ELECTRIC CO\
LAND MANAGEMENT EB- 7 LAND MANAGEMENT EB - 7 LAND MANAGEMENT EB- 7
P.O, BOX IB31 P,O, BOX IB31 P,O. BOX 1831
SAN DIEGO CA 92112 SAN DIEGO CA 92112 SAN DIEGO CA 92112
6442301600 6442301700 6442301800
SAN DIEGO GAS&ELECTRIC CO\ SAN DIEGO GAS&ELECTRIC CO\ SAN DIEGO GAS&ElECTRIC CO\
LAND MANAGEMENT EB - 7 LAND MANAGEMENT EB. 7 LAND MANAGEMENT EB- 7
P.O, BOX 1831 P.O. BOX 1831 P.O, BOX 1831
SAN DIEGO CA 92112 SAN DIEGO CA 92112 SAN DIEGO CA 92112
6442301900 6442302000 6442302100
SAN DIEGO GAS&ELECTRIC CO\ DARLING PROPERTIES INC\ DARLING PROPERTIES INC\
LAND MANAGEMENT EB - 7
P,O. BOX 1831 251 0 CONNOR RIDGE BLVD No.300 251 0 CONNOR RIDGE BLVD No.300
SAN DIEGO CA 92112 IRVING TJ( 75038 IRVING TX 75038
6442302200 6442302300 6442302400
DARLING PROPERTIES INC\ DARLING PROPERTIES INC\ DARLING PROPERTIES INC\
251 0 CONNOR RIDGE BLVD No,300 251 0 CONNOR RIDGE BLVO No,300 251 0 CONNOR RIDGE BLVD No.300
IRVING TX 75038 IRVING TX 75038 IRVING TX 75038
6442302500 6442302600
DARLING PROPERTIES INC\ REAL FRANK&IMELDA\
251 0 CONNOR RIDGE BLVD No,300 9950 MARCONI DR
IRVING TX 75038 SAN DIEGO CA 92173
-..- --.-
Lab~
300' .
H. G. Fenton Material Co. Takashima Katsumi J. TR SNMB lTD. Partnership
P.O. Box 64 366 Surrey Sri ve c/o Patrick Patek
San Diego, CA .92112 Bol)ita, CA 91902 32 lookerman SQ #l100
Dover, DE 19901
Otay Industrial Park McCormack James H & June Justus Jay E & Beth J
1311~La Palma Street #3 1981 Trust 13276 Norcroft Road
San Diego, CA 92109 P.O. Box 598 San Diego, CA 92130
Spring Valley, CA 91976
Alavian Abdolla H & Gity Chula Vista Sanitary Service Consolidated Freightways Corp.
895 Energy Way P.O. Box 26105 P.O. Box 3301
Chula Vista, CA 91911 Fort Worth, Texas 76116 Portland, OR 97308
Pick Your Part Auto Wrecking Site Scapes
1301 E. Orangewood Avenue 130 Newport Center Drive
#130 Suite 210
Anaheim, CA 92805 Newport Beach, CA 92660
ATTN: Michael Schrock
!
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~
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REDEVElOPMENT AGENCY AGENDA STATEMENT
;-
~
Item --¡--o--
Meeting Date -09 11-M (0 (II crCc,
ITEM TiTlE: Report Review of Semi Exclusive Negotiating Agreement with E
Street Trolley Square, lLC for the Development of a
Shopping/Entertainment Center Between E and F Streets West of
Woodlawn Avenue, and Issuing Instructions to Negotiators
SUBMITTED BY: Commoo", """,mOM D're~ <;, ,
REVIEWED BY: Executive Director J~ ~ (4/5ths Vote: Yes - No_)
/7
BACKGROUND:
E Street Trolley Square, lLC, a limited partnership which includes William Tuchscher, Matt
Peterson, and James Clark (Sunburst Homes, Corp,) have proposed to develop a shopping and
entertainment center west of Woodlawn Avenue between E and F Streets. The site incorporates
the City's Public Services Yard and reconfigures the E Street Trolley Station. The developers have
proposed a Semi Exclusive Negotiating Agreement (SENA) with the Redevelopment Agency which
has been reviewed by staff. Major negotiations issues in the Agreement are presented to the
Agency for consideration and direction.
RECOMMENDATION: That the Agency defer further negotiations on this project until more
information is available concerning the status of the Public Works Yard and development of the
Bayfront,
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
E Street Trolley Square, LlC, (the "Developers") have proposed to develop a
commercial/entertainment center anchored by a ten + screen movie theater, restaurants and an
upscale motel consisting of approximately 125 rooms on a ten acre site west of Woodlawn
Avenue between E and F Streets. The site includes the City's public works yard (which will be
relocated), the E Street Trolley Station site (the station is reconfigured as part of the proposal).
Both the Trolley Station and public works yard fall within the Town Centre II Redevelopment
Project Area, The site could potentially be expanded to include several privately-owned parcels
along Woodlawn Avenue which are not in the redevelopment area.
Maior Neqotiatinq Issues
The Developers have requested that the Agency enter into a SENA which would allow them to
move forward with planning and property acquisition efforts. The SENA proposed by the
developers is provided as "Attachment A" for review by the Agency. Staff has met with the
Developers to discuss the project and major terms and conditions for the SENA. The agreement
submitted by the Developers raises issues and concerns which require further consideration and
direction from the Agency. The major issues are discussed below.
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Page 2, Item % 5"
Meeting Date ()9f1-7t9õ I 0 (, i q l,;
Relocation of the Citv's Public Services Yard
The Developers have requested the City commit to relocate the public works yard within one to
two years to expedite redevelopment of the site, Although there may be some flexibility in this
schedule, the only hope of relocating the yard in an acceptable time frame is to purchase an
existing facility. The City is currently in the preliminary stages of negotiating for such a facility
with SDG&E. However, it is not possible at this time to predict when these negotiations will be
completed or how soon the existing yard can be relocated. The "best" case scenario, assuming
no environmental work, no conditional escrows, no tenant improvements to retrofit for City
purposes, is two years, A more likely scenario is in the three year range which may not coincide
with the developers' schedule.
The developers indicate that the project will probably require a subsidy from the City/Agency
based upon total project development costs including the cost of acquisition of privately owned
parcels. Any subsidy will most likely require a reduction in the sales price for the public works
yard, This may be problematic since the City was anticipating the availability of disposition
proceeds to be used towards purchase and/or development of a new corporation yard.
Aoencv/Citv to Deliver Trollev Station Site
The Developers have requested that the City obtain (through purchase or other means) and deliver
the Trolley Station site. Although the City and County jointly developed the Trolley Station, the
property was actually acquired by the County and the title remains in the County's name. If the
City were to offer to purchase the County's interest in the site, the County would be eligible to
receive, minimally, the $3 million they have invested in the station. This would add substantial
City/Agency cost to the project or increase the subsidy needed by the Development.
It should also be noted that, in the Developer's current proposal, Trolley Station parking is
substantially reduced (the Developer is relying on offsetting uses to reduce the number of required
parking spaces), However, this has not been presented to MTDB. In addition, State Department
of Transportation grant funds totalling $961,000 were used in the project to provide parking and
any reduction in spaces may require their sanction or partial repayment of the grant.
Economic Benefits/Cost of the Proiect
The Developers have estimated annual revenues to the City and Agency from project at $882,000
(see Attachment "B" for a breakdown of revenues). Revenues include property taxes, transit
occupancy tax and sales taxes. However, it should be noted that:
The proposed multi-plex theater will compete with the two CinemaStar theaters (16
screens) located in downtown Chula Vista;
The proposed restaurants will also compete with downtown and Bayfront
restaurants, although more customers may be drawn to the area in general;
The proposed hotel will be on the site of an existing hotel which will have to be
acquired and demolished. The "net" gain in revenues may well be less than
projected in Attachment" B".
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Page 3, Item -re-- .
Meeting Date ~ /0(1 ¡qL,
The land assembly required by the project will result in City costs including
acquisition of the Trolley Station site from the County; possible reduced sales price
for the corporation yard site or other form of subsidy; soils groundwater testing and
potential cleanup costs; any relocation costs; possible reimbursement of State grant
mOnIes.
The Developers have requested that the Agency provide up to $150,000 for "front
end" planning and property acquisition costs. This includes contract planning
expenses, property purchase options, MTDA and County processing costs, These
funds will be repaid by the Developers if they breach contract, If the project moves
forward, these funds will be repaid at the date of issuance of the first Certificate
of Occupancy and delivery (by the Agencv) of the properties needed for the project
which lie outside of the redevelopment area. This presents some risk of recovery
of these funds to the Agency.
Site Planninq Issues
Site planning and design issues include the long, narrow shape of the site which is not ideal for
commercial development; problems with integrating parking for commercial uses with Trolley
Station park and ride activity; anticipated traffic problems getting traffic into and out of the site
without disrupting flow on E Street; and signage/identification which will require freeway visible
slgnage.
RECOMMENDATION:
In consideration of the city's current fiscal needs and the potential for redevelopment of the public
works yard/trolley station site, the city's goals would appear to include the following:
maximize revenues from sale of the public works yard site;
minimize City/Agency risk and expenses
maximize development density by taking advantage of the unique proximity of this
site to mass transit and highways, as well as the Mid-Bayfront redevelopment area;
maximize property, sales and use taxes to the City/Agency;
avoid duplication/competition with existing businesses and facilities near the site.
While the proposal addresses revenue goals, it is not clear that the project, as proposed, is the
highest and best use of this site for the long-term benefit of the City. The project appears to be
costly to the City/Agency in terms of discounting the corporation yard land sale, acquiring and
delivering the trolley station site, testing soils and groundwater, and providing up front planning,
acquisition and processing funds to the developers. Finally, staff is currently exploring the
development of a similar project in the Bayfront (vicinity of J Street) which promises to provide
greater benefits with considerably less risk to the City.
The Agency has several options to consider. First, the Agency can accept the business terms
submitted by the Developers, authorize staff to complete and bring back the SENA. This option
will make the project a high City priority including fast tracking relocation of the public works yard.
¿)
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Page 4, Item ...¡..e- (
Meeting Date 99/1'1/96 10 I! q&
Second, the Agency can direct staff to continue to negotiate more favorable business terms which
will maximize proceeds for the public works yard, minimize Agency up front expenses and allow
greater flexibility in scheduling relocation of the corporation yard site.
Finally, the Agency can defer further negotiations on the project until more information is available
concerning the status of the public services yard and future development on the ßayfront. This
option will also allow the opportunity to determine what land uses would be most complementary
and beneficial to the City on this site.
In light of the information presented above, staff recommends that future negotiations proceed
only if the developers accept business terms more beneficial to the City, including the following:
1. Any future negotiations on this project will be with the clear understanding that the City
will receive fair market value for its public works yard.
2. Acquisition expense for the Trolley Station site will be borne by the Developers.
3. The City/Agency will not provide advance planning and property acquisition funds.
4. The City/Agency will keep the Developers apprised of the status of current negotiations
on acquisition of a new public works yard site, but cannot guarantee a schedule at this
time.
FISCAL IMPACT:
The Developers have projected annual revenues from redevelopment of the site totalling
$882,000, Attachment "ß" provides a breakdown of these revenues,
Staff considers the Developers' estimate to be overstated based on the following:
Although the Developers' estimate nets out property taxes currently
received from the project area, estimates of taxes after redevelopment
include development outside of the redevelopment area which would
provide less than 1 % to the City.
The Developers' estimate does not account for current transient occupancy
taxes accruing from the existing hotel.
The estimate does not consider impacts to existing businesses in the area.
The estimate does not consider the amount of subsidy which will be
provided by the City/Agency.
Finally, City and Agency costs have been implied, but not identified, These costs cannot be
specified until land acquisition costs and remediation costs are known. However, subsidy required
by the project will likely require dedication {rather than sale} of the public works yard site and risk
of $200,000 in up front planning/testing expenses for the Agency with no guarantee of
reimbursement.
Ifk! M,\HOMEICOMMDEV\STAFF.REP\O9-17-96\""",,11.113 ""10mb,, 12. 1996 ",""m}]
S-
<¡.fJ-1-
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ATTACHMENT A
PETERSON & . PRICE
EDWARD F. WHITTLER A PR.OFESSIONAL COR.PORATION TELEPHONE
MARSHAL A, SCARR LAWYERS 619-234-0361
MATTHEW A. PETERSON -
LARRY N. MURNANE 530 B STR.EET. SUITE 2300
~ SAN DIEGO, CALIFORNIA 92101-4454 FAX
°' COUNSEL (619) 234'4786
PAUL A. PETERSON
FILE No.
August 8, 1996 3025.036
"r.., "
i r-_ê------, i
Mr. Chris Salomone i AIJG 8 1996 i
Director of Community Development
CITY OF CHULA VISTA L__---_~
276 Fourth Ave.
---- .. -'" -----
Chula Vista, California 91910
Re: E Street Trolley square
Dear Chris:
Attached please find the revised strikeout/underline version
of the Exclusive Negotiating Agreement ("Agreement") for the
above-referenced project. It is our understanding that the City
Council will set priorities on various projects at the Tuesday,
August 20, 1996 meeting. We would request that this Agreement be
presented to them at that time for their approval.
You have also asked us to provide you with a list of items
which must be resolved within the very near future for the
project to proceed. The following is a summary of that list:
1. The City must be in a position to deliver for redevelopment
purposes the County of San Diego Parcel.
2. The City must be comfortable with its ability to condemn
properties outside of redevelopment boundaries in the event
that condemnation becomes necessary.
?j:--£) :';- 6-:)
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Mr. Chris Salomone
Director of Community Development
August 8, 1996
Page 2
3. The City must immediately prioritize and work out a timing
schedule for the relocation of the Corporation Yard.
4. The environmental testing must be completed to assure that
the site is clean and developable.
We look forward to discussing these items with you shortly.
Sincerely,
PETERSON & PRICE
A Professional Corporation
~t~~
cc: Glen Googins, Esq., Deputy City Attorney
Fred Kassman, Redevelopment Coordinator
William C. Tuchscher
James A. Clarke
g' \WP\JO25\O36\sa1omone ,1 t2
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DRAi-¡
SEMI-EXCLUSIVE NEGOTIATING AGREEMENT WITH
"E" ST. TROLLEY SQUARE, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY FOR A SHOPPING CENTER WEST OF WOODLAWN
BETWEEN "E" ST. AND "F",ST.
This AGREEMENT is entered into this ---- day of ,
1996 for the purposes of reference only, and effective as of the
date last executed by the parties, by and between the
Redevelopment Agency of the City of Chula Vista, California, a
political subdivision of the State of California, ("Agency") duly
created, established and authorized to transact business and
exercise its powers under and pursuant to the Community
Redevelopment Law (Part I of Division 24 of the Health and Safety
Code of the State of California), and "E" St. Trolley Square,
LLC, a California Limited Liability Company ("Developer"), and is
made with reference to the following facts:
THE AGENCY AND DEVELOPER HEREBY AGREE AS FOLLOWS:
I. Parties
A. Nature and Offices of the Developer.
The principal office of the Developer for purposes of this
Agreement is:
5925 Kearny Villa Rd., Ste. 100
San Diego, California 92123
1. Developer's Representatives
Developer has designated the following person or
persons who will negotiate the Disposition and
Development Agreement (DDA) with the Agency and
who will engage in the activities necessary to
determine the feasibilities of the development of
the Site:
- 1 - Au9ust 8, 199.
-ló r, 6-7
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(a) James A. Clarke
SUNBURST HOMES CORPORATION
5925 Kearny Villa Rd., Ste. 100
San Diego, California 92123 (619) 565-4400
(b) Matthew A. Peterson, Esq.
PETERSON & PRICE, APC
530 "B" St., Ste. 2300
San Diego, California 92101 (619) 234-0361
B. Agency's Offices and Representatives.
The principal office of Agency for purposes of this
Agreement is:
Redevelopment Agency of the City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, California 92010 (619) 691--5047
1. Agency's Representatives
Agency has designated the following person or
persons who will negotiate the Disposition and
Development Agreement with the Developer and who
will engage in the activities necessary to
determine the feasibilities of the development of
the Site:
Chris Salomone, Director of Community Development
Da.id. Gugtatl!on, .1\.,!'H!igtantCO( lthUl.itl'J)ê.êlopl\,,~nt
Director Glen Googins. Deoutv Citv Attornev
II. Definition and References
A. Site:
The property which is the subject matter of this Agreement
is approximately 10.13 acres of land consisting of two (2)
separate parcels of land identified by the following San Diego
County Tax Assessor Parcel Numbers and, owner, aÙd~t:~IiÞM ìht~
pl.ð.I!(\1'! ofimpleniêhtatiÓIi, as follows:
- 2 - August 8, 1996
~ s-~
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PI,lI.!fê I.
~ Citv Parcel - Approximately 5.98 Acres
567-031-27 (City Corporation) Yard
contiguous Parcels
Tipton
Morgan
Petel
Sachs
SDA&E
PI,lI.!iê II.
Non-Agencv Parcel
567-031-26 (County) - Approximately 4.15 Acres
ContiGuous Parcels
Tipton
Morgan
Pete I
Sachs
SDA&E
Streets. allevs. rights of way. other Dublic Darcels
in the City of Chu1a Vista, County of San Diego, St;ate
of California and legally described as set forth in
Exhibit "A" ("Site"). The Site is within the
boundaries of the Town Centre t+t LIYl Redevelopment
Project Area. The Site is generally shown on the
Conceptual Site Plan attached hereto as Exhibit "B."
B. Project:
The Project ("Project") as used herein shall be the
development of the Site with a. transit oriented retail~
restaurant, and entertainment oriented shopping center consisting
of approximately 165,000 square feet of community serving retail,
restaurant and entertainment and visitor serving uses, with
&65--- on-site parking spaces, including 25 non-exclusive park
- 3 - August 8, 1996
~{~fI -tif ~-q
and ride spaces, a community visitor center and other amenities
as hereinbelow required.
III. Recit!\.l15 Purpose of Agreement
~ The purposes of this agreement ~~ .tone90tio.te are to
(1) establish a framework for the negotiation of a Disposition
and Development Agreement for the project that will define and
develop a "project" for the purposes of fTf environmental
evaluation and certification, ~ which shall be subjected to
CEQA review and evaluation at a later time; and (2) dete:c."ihihlj
determine the extent to which this Project is ..eCe15~o.~y fo.ctl,e
publi~ ljo8d, feasible in the public interest consistent with the
applicable redevelopment laws and desirable for the
implementation of the Town Centre II Redevelopment Proiect. and
the extent to which the various parcels herein described are
necessary for the project. City and Agency each retain~ full
discretion to review the staff-developed plan for public
necessity and for environmental impacts, and to make or impose
any mitigation conditions or adopt any overriding considerations
which are at that time appropriate.
IV. Duty of Staff and Developer to Negotiate DDA and Present
Project to Agency Board
During the "Negotiation Period" as herein defined, Staff of
the Ci tv and Agency (" Staff") and Developer shall negotiate
diligently and in good faith to prepare and agreement
("Disposition and Development Agreement", or alternatively "DDA")
to present to the Citv Council and Agency for ^gehc:y Doa~d review
and approval ("DDA Approval") which DDA shall, among other
things, contain and not be inconsistent with, the following terms
and conditions contained in this Subsection A hereof below.
The inclusion of the specific terms set forth below shall
not be deemed to be acceptance of such items by either party
prior to the execution of a Disposition and Development
Agreement. Instead, these are listed as standards to measure
compliance with the duty to negotiate in good faith as between
Staff of the ~ Agency and Developer. The acts of the Agency,
City, or any of the boards, commission or committees of either
the Agency or the City are obligated to act in accordance with
- 4 - August B, 1996
/- ,'Ò .5 _(0
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these standards, but are entirely free to exercise a~y and all
discretion with which they are vested by law or charter.
A. Basic 'Obligations of DDA
1. Disposition of the Site; Price
Commits the Citv and/or Agency to sell or
otherwise transfer to Developer that portion of
the Site, if any, owned or acquired by, the ~
and/or Agency, and commits the Developer to
acquire or accept such Citv and/or Agency parcels
at such prices as may be agreed upon by the
Developer and Agency.
2. Approval of Site Configuration
Gives the Agency the right to approve the further
continuation of the rights and duties of the
parties under the DDA if the entire Site cannot be
finally acquired. References herein to the Site
made in a temporal context after Agency approval
shall be to the site as approved by the Agency,
even if fewer parcels than contained in the entire
Site as herein provided.
3. Development of the Site
The Developer shall use its best efforts to
improve the Site, in a single construction effort,
or, " at, Dêv.elopêr '!!option,iuL, opl.ases.Þhll.ðêI
of whi<::hllhallöc:c.4J:,iuu..ediatel.yupØntha.l );>ö.d:.ioh
of ,the3ite conSi!!tingofFl.asê I parcels, . and lillY
phasing of the proiect shall be negotiated bv
Agencv and Developer and be incorporated into the
DDA. Phase II.. of' "bleb~!!hall . occurwl.eh . title
therêtO,i!!. acquiredupoJl tl¡atpðrt,iol.of tl.,e,$itê
çoMI!! LIng ofPhas/i!upaJ:c:el!'!i. wU;heitMr t,he
The Project shall be developed in a form as
approved by the Agency Board, or a reasonably
similar variant of the Project as approved by the
Agency Board either of which ("Approved Project")
shall incorporate the following:
- 5 - August 8, 1996
-7(;) --rr 5""-((
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a. Complies as much as economically,
aesthetically, and architecturally possible
with the design standards for commercial
development in the Town Centre Redevelopment
Project Area; and,
b. incorporate.!! A design that minimizes to the
extent possible, the traffic circulation and
parking problems that the Approved
Development can be expected to produce in
accordance with applicable Citv standards
unless otherwise aareed in Citv's sole
discretion; and,
c. Subject to further Design Review and Agency
requirements, £equirel!Pêveloperto COhl!tru<:;t
the approved project shall include the
following: the Project as used herein shall
be the development of the Site with a transit
oriented retail. restaurant. and
entertainment oriented shopping center
consisting of approximatelv 165.000 SQuare
feet of communitv serving retail. restaurant
and entertainment and visitor servina uses.
with on-site parking spaces. including 25
non-exclusive park and ride spaces. a
communitv visitor center and other amenities
as hereinbelow reQuired. including
(l) Restaurants. At least two restaurants
shall be located within the Project Site
(2) Pedestrian Link. A strong and direct
pedestrian link between the MTDB "E" St.
Trolley Station and the Site
(3) Traffic Circulation Loop which provides
for an integration between the bus
transit and the MTDB "E" St. Trolley
Station and pedestrian connection.
(4) Circulation and Pedestrian Improvements
1"a ¡"a¡d,ê:r acceptable to Ci tYT and
- 6 - August B, '996
=-,/8 1::f)-.. $'-/;)..
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Agency, subject, however, to a cost
reimbursement from subsequent developers
benefiting, in the judgment of the City,
reasonably ~X~1:ct$ed, under Map Act.
This is a sole discretion tvpe of
decision from such Improvements.
Developer shall use good faith business efforts to
provide the following:
(i) Limited Service Hotel consisting of
approximately 80 - 100 rooms.
4. Developer's Obligations Regarding Single
Construction Effort or Phased Construction Effort.
Regardless of whether the Developer improves the
site in a single construction effort or in two
phases, the Developer shall pursue a full~
e>.pahdecl. Ct'mler Ela!, approvals for the Project as
a whole through the City/Agency's environmental
and developmental processing, by preparing
architectural drawings and submitting the entire
Development Plan to design review. Anv phasing
of the project shall be negotiated by Aaency and
Developer and be incorporated into the DDA. H
thðbê.~loper choo.!!!e.!!!tl.epl.a.!!!edproj o!ctoptj,()n
ai.dhøl:lnot COhu"êloced con.!!!Lx;uction of..]"loli.!!!ê XI
withih 16 mo..t!,s of con¡plêtiOh ofco..structiohof
P¡,a1!leJ,or , . wkiche.~j:;pct;:l:lr.!!!~oO¡'er,
-:"¡,ì!'opt!ì'Vêlope.t will, aLthe £J.lldiscretio....OLt!,e
Agenc,}',do the fo110,,1.,9.
d. R~leð.!!l~ tl,e AgenCy iron, 11101' obligatioi,.!!! to
fu.LLI,e.L loeg-otil1tePl.ðse II develop",e!.t wit!.
t.h~ De~eloper.
b. Pr6videto the Age..c1' tit hocogL all the
þlarti'J and entitl !!trlêj,t sêcurêd on Pha.!!! !! IT;
c. prþ.ide tot¡,eAgêt.c:¡¡ at I'IOcöst all
t;:On,pleted .!!!tudJ,.e.!!!, . report.!!!, $<1;( ~e1' 1:1 d¡¡d otheJ:
informatiol, Pêi:tihêl,ttO. thê.l1cquisiti6n and
- 7 - August 8, 1996
~ S- -13
- ,
dav~loprr.alitofFhð.!!e . I I. 3u,cih..¡uðtäl.~lð
Wo"ldincl\:id,e,butl,otbe Hn,i:tedJ;,('J,tJ.lle
reÞo.d..!!, .:.þ.I:oþe.rL, apþ:ca';'/!.alð,1.ð<.ðrdÞ4/!.Waste
$tud,:i.e.s, ..9IÌ:CJlecl,¡,icð.1 : /!tudiel$,.J\I/f^~l$u~~eY$,
ðJ.d.£'aaÚb:i.lHl and. lua~ketih9~!!t~dAe$. In
tl..<!'e,.~"t that the AgêhC,.. $êl!i\cj;.$4no,"h¥!:
¡fevêlope:r:.to:..l$ücc.eed.:. DêvêloMk....(PßIJ. ....~I.PhM/!
:U.!>fthé.fto}êct, Devêlope.t";¡l,þ~
tðlJ\iþl:lX'ð!!dbytl,ð AgeM.I'forit!!(:k,¿tI~'aÏ'\t~.d,
c::o"t.$ fo:rl;ny of Ll,e :abov.e n,/!n.:tiQt\ed!!t.nd,.4~I$,
re.pörll$, .!'!ürve,1$ ð.hd otl,er infoÚ"l.\.tiol,
pro. idea tóthe. Mb/!equêhl de~eloperb1'. the
Agêl.c:y.
d. Frov':'de to. thê.. Agehc:\, coplel$ ..ofall. pl1rcI,asa
o!fe;re¡cteuged.b:\, the De~elope...~lQ:!'J.aseII
prOpUll' OWherl$ dud copie.5 Qf.ðll
Codl,tero!!..,;;:/! .received !.ton,. n,M!eII prQpe;;:t:\'
Öiô¡.e:r!!.
e. Fro.:- ide to tl.e Ager.c}l tl,e right to ðucce.ed
the Develope;r iu ouy pu;rcho.se opLioh!! QX'
e!!CrOWð the Developer I,a!! obtai1.ed on.. Fhaðe
IL.p;r-op~;rtiel3.ð.nd /!ell to the Agehc:\, al<l'
Pl¡I:\!!!!Ilp:ropertiel$ . acqttÜed1:'>ytl.e
P/!velQper. 3uch 3uccel5.!!ion. or .!!alel5hall be
atthê ðan,ep:rice LI.e. Developer þaid ..f<::>r...!!tt(:h
opL":'ou.5, : ~s<:row.s, OL purcJ,a3~/!:.
1;. provide Agency w":'ll. ð.u}l ~XëCQtëd Lettex!!of
¡n.t-ant witJ.:rët-ailer!! íOL te¡~lu.cy.::..<::>f:.l?hð.ðe
~
9- ^g~êê to !!~bl$êqueht, reaMu~l;>lê,ÇrOI$.$
easên,,"!l'\t/5WiLl. . tin'! Agency OJ...A,gêl.CY!!êl~çt:éd
Pe~êloper.4,!1nece!!/!or,to the developmel,t6f
pha!!/'!. 11 . .iJ.an,al,n.er wl.":'c1, il5phY8fe:a1.1y
integ;r-ated.wi.th PI.Me I.
In the event that Agency either cannot or does not deliver
to Developer the Fha8e:LL non-Aaencv and contiguous Parcels, the
time limits as contained within this Section shall be tolled, O;r-
at Develope;r-'s option, this Ag:teeluêl.t the DDA can be terminated.
- 8 - August 8, 1996
=l -ty s-,(
5. Schedule of Performance
Sets forth a schedule or time table prepared
jointly with the Agency Staff for the
accomplishment of identifiable developmental
milestones, including a time-table for the
relocation of existing third party.owners and
tenants on the non-Developer owned parcels.
Agency Obligation to Test the Site
Within 60 days of the execution of this Agreement,
Agency at its sole cost and expense shall conduct
an environmental Phase I study on the Agency
Parcel, and include soils testing to the north
westerlv extent of the Woodlawn Ave. rightbof-wav.
Staff shall utilize good faith efforts to contact
the County of San Dieao to obtain consent to do
testing the Non-Agency Parcel. Such Phase I study
shall include a soils test in the City right-of-
way along the entire length of Woodlawn and the
southwest corner of Woodlawn and "En St. At
Citv's optionL the results of this analysis shall
be provided to Developer for its review and
approval. In the event that Citv does not share
the results of the testing or if Developer does
not approve of the findings in the Phase I report,
Developer at its option may terminate this
Agreement. Anv negotiation and liability
concerning cleanup will be negotiated as part of
the DDA. The Citv hereby agrees to share all
environmental documents in its possession as of
this date.
7. Security for Developer's Performance
Secures Agency of the Developer's performance
under the DDA while taking into consideration
Lender's need to be secured to the extent of their
financial commitment, by means, at the Agency's
discretion, of a conveyance of a conditionally
defeasible fee with right of reverter upon non-
performance of the conditions of construction
- 9 - August B, 1996
~ S-./~
after extending a right to cure to Developer's
lender, or by a performance trust deed securing
the performance of the DDA after extending a right
to cure to Developer's lender.
8. Tenant Approval Right
Restricts the Developer from leasing or selling to
tenants or purchasers proposing to occupy greater
than 15,000 square feet of net useable floor area
until the Executive Director of the Agency has
approved the tenant, which approval shall only be
withheld upon a finding, reasonably determinedT
mo.debytl,e Agê1"l.C!¡>/1to. public heo..ring ,notice of
wl,icl,. il5þroiridedto< tl,ê Developer, that the
proposed tenant or purchaser is incompatible with
the commercial mixture of tenants present in the
market area of the project. Failure of the
Executive Director to have approved or disapproved
a prospective tenant after 30 days written notice
I.I.l,d tl.e.. pro vi!! ion .ofSi:1£ [';'c;;.euL ihforn,o.tion /1.3 n,/1l'
be re~~e!!ted shall be deemed to be an approval of
the prospective'tenant.
9. Initial Use of the Site
Restricts, for a period of minimum of 10 years
after the completion of Phase I improvements ~
a time as determined bv DDA, the use of the Site
to only those uses initially approved or modified
by the Agency Board and Developer as the Project
those uses being retail commercial businesses
acceptable to the Agency within its approval
rights in Paragraph V.A.?
10. Economic Risk
Provides that the Developer absorbs all economic
risks associated with the completion of the
Project except herein set forth. It is the
intention of the Parties that Developer shall pay
the full cost of all improvements to be
constructed on the Site including the cost of all
- 10 - August B, 1996
~-Jc' ...,.<~ ,r(ç
- .
normal City fees and permits applicable to
completion of the proposed improvements, unless
such fees are waived in the DDA. The parties
agree and acknowledge that it is the intent of the
parties that all reasonable Project costs,
including but not limited to design, construction
and development of all on-Site and off-Site public
and private improvements, appraisal fees,
environmental and other consultant fees, whether
incurred by the Developer, the City or the Agency,
shall be the responsibility of the Developer with
the exception of any cost subsidy as provided for
hereinafter.
11. Right to Negotiate for Cost Subsidy
Provide that Agency and Developer agree to meet
and confer, and to negotiate in good faith with
each other, and from time to time throughout the
( terms of this agreement, the provision, in one
form or another, to Developer of a subsidy which
\ may be necessary or appropriate in order for
Developer to achieve a reasonable rate of return
l, on its investment and in light of the significant
public benefits which will come to fruition as a
result of the proposed development ("Cost
Subsidy").
a. Condition Precedent to Negotiating. Prior to
requesting a Cost Subsidy from the Agency,
Developer shall demonstrate in a
commercially-acceptable standard, the facts
and circumstances that justify the duty to
meet and confer for a Cost Subsidy.
b. Form of Subsidy. The form of the subsidy
shall be completely open to discussion, and
may include, without limitation,
consideration of the Agency transferring to
Developer the Agency controlled parcels, and
selling the NonbAgency owned parcels to
Developer at a significantly reduced cost
- 11 - August 8, 1996
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. -
consistent with § 33433 of Health & Safety
Code.
12. . Restrictions Against Discrimination
Contains the constraints against discrimination in
the form and manner required by state
redevelopment law.
B. Retention of Discretion to Approve the Project and DDA
It is anticipated that the Project and the DDA providing for
its implementation will be presented to the City Council and
Agency Board for approval. The Parties understand that the Çity
Council and the Agency ~ are each reserving the right to
exercise its discretion as to all matters which it is, by law,
entitled or required to exercise its discretion, including, but
not limited to the following, which shall occur prior to DDA
approval:
1. Approval by the Agency of the final Project as
contained in the DDA. The parties understand that
the Agency has the complete and unfettered
discretion to reject the DDA without explanation
or cause. The risk of loss of all processing,
design and developmental costs incurred by the
Developer prior to DDA approval shall be absorbed
entirely by Developer except unless expressly.
assumed, by the terms of this agreement, by the
Agency. Developer is not required to provide
Project construction design and plans prior to
final DDA approval.
2. Review and approval by the Agency of all
discretionary findings and conclusions. The duty
of the Agency to dispose of its parcels located
within the Site shall be conditioned upon the
successful review and approval of all necessary
findings and conclusions which the Agency board is
required to make, including all environmental
findings, plan consistency findings, zoning
approvals, variances, conditional use permits,
street vacations, etc. As to any matter which the
- 12 - August 8, 1996
5- 1<:[ -¡.( {) (~
Agency may be required to exercise its unfettered
discretion in advancing the Project to completion,
nothing herein, nor to be contained in the DDA
shall obligate the Agency to exercise its
discretion in any particular manner, and upon
doing so, it shall not be deemed to constitute a
breach of Agency's d~ies under this agreement.
C. Exclusive Nature~~reement
The Agency agrees, for the duration of this Agreement, not
to negotiate with any other person or entity regarding the
acquisition and development of the Site except for those owners
or tenants of the Site to whom Agency is obligated to extend
owner participation rights.
D. Negotiation Period
The term of this Agreement shall be 360 calendar days from
the date it is approved and executed by both parties (the
"Initial Negotiation Period"). At the end of the Initial
Negotiation Period, the Executive Director, on behalf of the
Agency, is authorized to extend the term of this Agreement for up
to an additional 180 days (the "Extended Negotiation. Period") if
at the end for the Initial Negotiation Period the parties have
not yet entered into a Disposition and Development Agreement, the
Agency has not exercised its right to terminate as herein
provided, the Developer concurs with such extension of the
negotiation period, and the Executive Director has determined
that there is a reasonably likelihood that the Developer will
agree to terms which the Agency staff will be able to recommend
to the Agency.
1. Termination Due to Impasse
Notwithstanding the nominal Initial or Extend
Negotiating Periods hereinabove set forth, either
Party may terminate this Agreement without breach
if it has, despite the exercise of good faith, not
been able to reach agreement on the terms and
conditions for a Disposition and Development
Agreement.
- 13 - August Bo 1996
S- /9
~;Gf?
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2. Termination Due to Breach
Notwithstanding the nominal Initial or Extended
Negotiating Periods hereinabove set forth, either
Party may terminate this Agreement if the other
Party has materially defaulted in its obligations
herein set forth, and the terminating Party has
provided defaulting party with written
notification of such determination, and the
defaulting party has refused to cure same. The
written notification shall set forth the nature of
the actions required to cure such default if
curable. Defaulting party shall have 30 days from
the date of the written notification to cure such
default. If such default is not cured within the
30-day, the termination shall be deemed effective.
For purposes of this paragraph, the parties hereby
acknowledge that time is of the essence.
v. Duties Pending Agency Approval of DDA
Prior to the presentation of the Project and DDA in a
condition that meets with the Staff's approval ("Staff Sponsored
Plan"), the Parties shall accomplish the following:
A. Environmental Review
Developer will use good faith and best efforts to ?btain the
following result: cause such environmental documentation and
review of the Project as may be required by state law ("CEQA
Result") to be prepared and presented to the City Council and
Agency Board for review and approval at the time the Citv and
Agency approves the Project.
B. Funds Provided to Developer to Assist with
Development of Expanded Center Plan
To assist the Developer with the development of the Project,
the Agency will participate in costs incurred by the Developer
for processing of Project Plan in an amount not to exceed
$150,000. Payment will be made to the Developer within 30 days
of invoice submission upon approval by the designated Agency
representatives of documentation submitted by the Developer
- 14 - August So t996
S ~. ¿<:.Ó .1i....,..,ß;éÌ
- .
verifying expenditures for such incurred costs. Participation by
the Agency may include, but not be limited to:
Environmental processing;
Costs of the planning firm contracted to the City of
Chula Vista and paid for by the Developer to process
the Project;
Monies paid to owners of properties within the project
Site to secure purchase options or escrows; and
Any applicable MTDB and County of San Diego processing
The Development will have the following obligations to repay
the Agency for the funds so provided:
~~ If negotiations produce an approved Disposition
'--- ~ and Development Agreement, the Developer will make
full repayment to the Agency at: 1) the issuance
of the first Certificate of Occupancy; and 2) the
Agency delivery of the non~Agency Parcel. ~
---------
-----
2. If negotiations fail to produce a Disposition and
Development Agreement due to breach of this
Agreement by the Developer, Developer will make
full repayment to the Agency at the point of the
breach.
3. If negotiations fail to produce a Disposition and
Development Agreement due to breach of this
Agreement by the Agency, the Developer will have
no repayment obligation.
~~) If negotiations fail to produce a Disposition and
( ..- / Development Agreement, even if both parties act in
'_/ good faith in pursuit of this Agreement, the
Developer shall not be obligated to repay the
Agency any of the funds extended upon termination
of the Agreement.
- 15 - August 8, 1996
s-~ / (¡"tt
';;t /
C. Determination of Economic Viability of Project
Developer shall submit a preliminary financial Project
proforma to J\g~"cÎlgênê"a¡cOQ'.'!!êJ. Staff for Agency review and'
evaluation, which shall, to the maximum extent permitted by law,
remain confidential. Said information shall not be copied, and
shall be returned to Developer after Agency has completed its use
thereof.
D. Voluntary Acquisition of Site
Developer will use good faith and best efforts, at its sole
cost and expense, to obtain the following result: voluntarily
acquire fee title to all parcels of the Site that are not
currently owned/controlled by Agency and/or County ("Developer
Acquisition Result").
E. Extension of Good Faith Offers
In the event that Developer is unable, after the use of good
faith and best efforts, to achieve the Developer Acquisition
Result, Agency will attempt, at the cost and expense of Developer
subject to the participation agreement reached with the
Redevelopment Agency, and with funding to be provided in advance
by Developer, to obtain the following result: voluntarily acquire
fee title to all parcels of the Site that are not
owned/controlled by Developer ("Voluntary Acquisition Result").
F. Duty to Conduct Hearing on Necessity
In the event that the Developer Acquisition Result is not
obtained and the Voluntary Acquisition Result is not obtained,
despite the exercise of good faith and best efforts, the Agency
will schedule and deliberate upon the acquisition of all of the
non-Developer owned parcels adjacent to the Site by the exercise
of eminent domain. Nothing herein shall obligate the Agency to
exercise eminent domain except as it deems consistent with the
requirements of law. Agency shall retain full discretion to
reject the use of eminent domain for any and all reasons.
However, in the event that the Agency shall, after hearing and
deliberation, determine to exercise the powers of eminent domain,
and in pursuit thereof, acquires fee title to all or some of the
non-Developer owned parcels in the Site, that result as to such
- 16 - August 8, t996
5" ~d-d--.. ßE---::~
parcels shall be referred to herein as the "Eminent Domain
Result". In the event that none of the Developer acquisition
results, the Voluntary acquisition results, and the eminent
domain results are accomplished, City/ Agencv or Developer may at
its option terminate this Agreement.
8. Itu'::lI1SIÓI. O!EI.tliê5itê, in 'fOWl. Cêhtrê Redec"êlopn,¡!Jlt
Project. Area
Age,¡.q"t,lJ., ,!ilt.tt!l8~JeçQ"tal.d~expeb!lê,l:;\!lê99~d;~,j,þb.
atld bêS.t,èff"i'.;~,' 'oii thotltboll<þron,!sil.9tl.eirdtlty totl!le
i ndependel..t....dJ.!lç'tetiGl...a.!l.,..".ð...~...inal...be...requi r edb.l... 1 aw.,'...tÿ...ob.1:-.ái!.
tI.e fGl1owiI'9rê!!lllt.1:hCl\1d~tI~êêhtIrê SJite ';"JLo,q.êLê.i.,ê"lLc,r}l
of L],e'Fown Ce1.treRêdê¥el6p",~..L:F...ojecL A...eð.. ("I..cJu..!!';'Ò..
Rê!lt:1l t").
~ Owner Participation Rights
Agency will, at its sole cost and expense, extend owner
participation rights to all persons entitled thereto by law, and
in connection therewith, Agency will retain full and unfettered
discretion to extend owner participation rights to current
property owners in ,the manner required by law, and to consider
and evaluate any owner participation proposals submitted.
~~ Sections 33431 and 33433 Public Hearings
Agency and City shall hold and conduct such Health,and
Safety Code Section 33431 and 33433 public hearings as may be
required by law to be held and conducted, and to thereat exercise
such discretion as they may be required or entitled to exercise
by law.
VI. Forbear Development under Current Entitlement
Developer shall not commence the construction of any parcels
within the Site owned or controlled by the Developer until this
Agreement has been properly terminated either as a result of a
substantial breach by the Agency, expiration according to its
terms, or due to impasse despite the exercise of good faith and
best efforts to do.
-- 17 - August 8, t996
S- - .).3 ðL--ç) .3
A. Other Enforcement Mechanism
In addition to any and all other remedies the City may have
to enforce the terms of this agreement, the City is hereby
authorized to withhold building permits for construction if
Developer is in violation, breach or default of the terms of this
agreement. The parties agree that the City's decision, if
exercised, to withhold building permits under the provisions of
this section, may be reviewed by the proper Superior Court
expeditiously by application for writ of mandate.
B. consequences of Declaration of Impasse
If Developer shall have acquired any of the Non-Developer
Parcels either by voluntary acquisition from the property owner,
or from the Agency, and this agreement is properly terminated
without agreement as to a Disposition and Development Agreement,
the Agency shall have the option, notice of exercise of which is
to be given within 120 days after receipt of written notice of
termination, to acquire the Non-Developer parcels for the cost
incurred by Developer in its acquisition, plus interest at 10%
per annum prorated from the date of Developer's acquisition to
~ate of transfer of fee title to Agency.
C. Developer's Findings, Determinations, Studies, Reports
and Financing
As requested by the Agency, from time to time, the Developer
agrees to make periodic oral progress reports and periodic
written reports advising the Agency on all matters and all
studies being made to the extent that they do not include
confidential matters. All such matters shall be deemed to be the
joint property of Agency and Developer, and may be used by either
Party without reimbursement to the other.
D. Agency Public Hearing
If the negotiations culminate in agreement ("Memorandum of
Understanding", or "MOU") between the Staff and Developer as to
the terms for a Disposition and Development Agreement, and is
signed by Developer, such an agreement shall deemed to be an
irrevocable offer to the Agency to contract on the terms of the
MOU for a period therein provided for, but at least 30 days, but
- 18 - August 8, 1996
S-2Ý ~~
shall not become obligatory upon the Agency or become effective
until after the agreement has been considered and approved by the
Agency after such public hearings and such procedures as are
prescribed by law.
E. Real Estate Commissions
The Agency shall not be liable for any real estate
commission or brokerage fees which may arise here from. The
Agency represents that it has engaged no broker, agent or finder
in connection with this transaction, and the Developer agrees to
hold the Agency harmless from any claim by any broker, age.nt or
finder retained by Developer.
VII. Execution of this Agreement
By its execution of this Agreement, the Agency is not
committing itself or agreeing to undertake any activity including
but not limited to the approval and execution of an Disposition
and Development Agreement; the proposal, amendment, or approval
of any land use regulation governing the Site; the provision of
financial assistance for the development of any public or private
improvement pertaining to the Site; the acquisition of any
interest in real property; the authorization or obligation to use
the Agency's eminent domain authority; or, any other activity
requiring the subsequent exercise of discretion by the Agency,
the City or any agency or department thereof.
This Agreement does not constitute a disposition of property
or exercise of control over property by the Agency or City and
does not require a public hearing. Agency execution of this
Agreement is merely an agreement to enter into a period of
exclusive negotiations according to the terms hereof, reserving
final discretion and approval by the Agency as to any proposed
Disposition and Development Agreement and all proceedings and
decisions in connection therewith.
- 19 - August 8, 1996
5" ;2:;;- .($ ¡~
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date set forth above, thereby indicating the
consent of their principals.
THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY
By
Its Chairman ;Rede1¡elopn,êhtAgehc~
Approved as to form:
"E" ST. TROLLEY SQUARE, LLC, A
Druce M. Doð9aard CALIFORNIA LIMITED LIABILITY
Agehcy Sehe:ral Coun!!el COMPANY
Ann Moore. Interim Citv/
Agencv Attornev
CITY OF CHULA VISTA By:
Date: James A. Clarke
Its President
Approved as to content:
Chris Salomone
Executive Secretary
CITY OF CHULA VISTA
Date:
g' \WP\JO25\OJ6\semi-ex,do1
- 20 - August 8, 1996
- ο
~ -."." ~ ~
- ,
E STREET TROLLEY SQUARE . AITACHMENT B
çITY REVENUE ESTIMATES
125 New Rooms
$70 Average Daily Rate (ADR)
70% Occupancy
Gross Revenues $2,520,000
TOT Revenues to the City (10%) $252,000
Total Estimated Gross Sales $29,000,000
Estimated Non Taxable Food Sales ($3,000,000)
Total (Not Including Hotel or Ticket Sales) $26,000,000
Total Sales Tax (at 6%) 1,560,000
Sales Tax Flow Through to City x 25%
Total Sales Tax Revenue to the City $390,000
Wm,clTYREV.DOC 6---~;I7
-;b., ;;-1
-
--"--..... .- --' .,..
- .
Cï:r- '1-96 rUE 14:22 P. 01103
PETERSON & PRICE
EDWARD P. WH'TTL£R ^ f'RO~ COIU'OMllON 'l"&ëPHOW'
MAR~HAL A. &cARR I.AWYOO 6I~3et
WA'I'T"EIN A- PETO.'DN
""'....... ""UR""'" 530 D STREBT. 3UITE <1300 -
- SAN DIECO. ~FOR.NIA 9210hl454 fAX,
D' COU..'L - 234..øæ
"AUL'" PET'.DO.
October 1, 1996 FlU! No.
TELECOPIER TRANSMITTAL
Del~ver to:
CITX OF CHULA VISTA
Mayq:r Horton and Members
of City Council Office; 691-5044
Fax: 585-5612
From; Matthew p.. Pete;l:'son, ,Esq. ,._-, 0,
Tota¡ number of pages including this cover: 3
COMMI!:~SI ATTACHED IS OUR LETTER TO YOU DATED 10.1.9& RE: OCTOBER
1, 1996 REDEVELOPMENT AGENCY AGENDA - EXCLUSIVE NEGOTIATING
AGRB~IW - "En ST. TR~ .W., '1'BE ORIGINArdfILL FOLLOW VIA U.S.
MAIL roR. YOUR FILES. ,- ',.: '-' - TIC..
ee: John GOBS, City Ma~?g~r Office: 691-5031
:,.' Fax: 585-5.612
Chris Salomone, ~irector ~f Office; 691-5047
Community Deve1opmertt Fax: 476-5310
fred Kassman, 'Redevelopment Office: 691-5047
Çoordinato,r Fax; 476-5310
James A. Clarke, Sunburst Corporation Off,lce: 56'=-4400
'Fax: 565-4404
a st. Trolley Sq. Office: 260-2814
c/o William Tuchscher, II Fax: 298-6897
NOTTCI'. 0.. CON"Tn!':N'l'TI\Y,TTY; The paqes aOll\Prising this facsimile transmission contain
confi'4e,f1tial and :p.r.iviJ,eged info",""tion from Peterson & Price, APC. ': ,¡,nis
information is intended solely for USe by the individual or entity nall1ed above ,as
the recipient. If you are not the intended recipient, be aware that any disclosure,
copyipg, distribution, or other use of the contents of this transmillllion' is
prohibited. If you have receiv<od thio tran"",-b..ion in error, pJ.ease notify the
sender by teJ.ephone immediateJ.y so we may arrango to .z:etrieve the translllission at
no cost to you.
IF YOU DID NOT '.'RECEIVE ALL OF THE PAGES IN THIS TRANSMISSION{
PLEA~E CALL US AS SOON AS POSSIBLE. (619) 234-0361
SENQER'S INITIALS; ~ CLIENT NO.: 3025.036
OCT-I-96 ruE 14:22 P, 02/03
PETERSON & PRICE
EOW""'O r. WHITT""" ^ ....o~ONAJ. COIU'OMTtON ToLOl'HONt
MARSHAL A. IlCAAR LA WYER5 61&-234-0361
MA~H<WA. PETEROON -
.....ny H. MURNANE 530 B STREET. SI.ItTI! ~300
- SAN DI~. ~FOR.NIA 921Qf,4454 FAA
0' COUHaEL (619)234-41$
>AUL"" "£TERBOR
fILe No.
October 1, 1996 3025.036
v!a ta~ & U.S. mai~
Mayor Shirley Horton and Members of
CITY Of CHULA VISTA CITY COUNCIL
276 Fgurth Ave.
Chula Vista, Ci!:L.1forn!~ 9191Q... '., ""~" .-.
Re: October 1., 1996
Redevelopment Agency Agenda
Exclusive Negotiating Agreement ("ENA")
"E" St. Trolley Squa;l;e (the "Project")
'1" '1'(-'. ., -
Dear May~r Horton and Memþérs:of Chula.Vist~ City Council:
"
We appreciate the two,weeks that you h,,:ye given us to try to
work with staff to see if we could resolve the outstanding issues
associ~ted with the above-referenced ENA. However, there,appears
to be significant obstacles which must be ove;l;come.~for~.w~ ~an
devote further resources and effort towards the development of
the Project.
First, and'{oremost\ the City must prioritize and
immedi~tely implement the relocation of the City Corporat!on
Yard. Staff has suggested that it may take two, or possibly
three years to accomplish. This time frame is beyond w~àt ~e
consider the "window of opportunity" for this type of proje<'::t.
,
OCT- 1-96 TUE 14:23 P, 03/03
Mayor Shirley Horton and Members of
CITY OF CHULA VISTA CITY COUNCIL
October 1, 1996
Page 2
Second, the City will need to conduct a Phase I
Environmental Study and do actual soils testing to determine if
there are any toxic substances present on the-site.
'--.
Finally, there are unresolved issues with regard to the
ownership of the Trolley site and adjacent parking lots which
must be resolved-. ---- --,." ..--.,,",-... ,-..
Based upon this, we would respectfully request that the City
Council put our requested ENA on hold for now, and contact us
when the above-reførenoed iåsues are further addressed.
J
Thank you for your consideration of this request.
Sincerely, -
PETEnSON & PRicE
A Professional Corporation
I: ~t~ {?~
Matthew A. Peterson
cc: John GoISS ,~ity Manager.
Chris Salomone, Director of Community Development
Fred Kassman, Redevelopment Coordinator
James A. Clarke, Sunburst Corporation
"E" St. Trolley Square, LLC
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