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Home My WebLink AboutRDA Packet 1996/06/18 Tuesday, June 18, 1996 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Council meeting) Regular Joint Meeting of the Redevelopment Agencv/Citv Council of the City of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Alevy -' Moot -, Padilla -, Rindone -, and Chair/Mayor Horton - 2. APPROVAL OF MINUTES: May 21, 1996 CONSENT CALENDAR (Items 3 and 4) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 3. WRITTEN COMMUNICATIONS: None submitted. 4.A. AGENCY RESOLUTION 1504 AUTIlORIZlNG AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY, AND SWEETWATER UNION IDGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT--On 10119/95 escrow was opened with a closing date of 12/1/95. Due to State legislation delays, escrow was extended. Due to additional time needed to complete this transaction, the exchange agreement again needs to be amended. Staff recommends approval of the resolutions. B. COUNCIL RESOLUTION 18348 AUTHORIZlNG AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF CHULA VISTA, AND SWEETWATER UNION IDGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT * * END OF CONSENT CALENDAR * * "I declare under penalty of perjury that' am employed by the Cit\' of Cr.u~a Vista in the Community De';c:,,: :"C'~' .. o'or:m",t and that I posted this Agend,,/Nc';:' '..::~GD"rdatthe Public Services f',:: .,,:L c. (it:; 1':311 on DATE:~~:~;;Ec)./J...L -ð, ~ " Agenda -2- June 18, 1996 PUBLIC HEARiNGS AND RELATED RESOLUTIONS AND ORDiNANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staffrecommendation; complete the pinkform to speak in opposition to the staffrecommendation.) Comments are limited to five minutes per individual. 5. PUBLIC HEARiNG: JOINT PUBLIC HEARiNG OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER A LOAN FROM THE REDEVELOPMENT BROADWAY VILLAGE BUSINESS HOMES, LP., DATED AUGUST 2, 1995-- The Disposition and Development Agreement was approved by the Agency/Council on 8/2/95 for redevelopment of the former Fuller Ford site. Due to protracted processing time and added expense, the Agency is requested to defer payment of permit fees. The Agency conceptually approved a loan for this purpose and authorized staff to negotiate specific terms. Staff recommends the Agency and Council open the Public Hearing and continue the Public Hearing to a date and time certain that being Tuesdav July 16. 1996 at 6:00 p.m. immediately following the City Council meeting. (Community Development Director) 6. PUBLIC HEARiNG: JOINT PUBLIC HEARiNG OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER CONDEMNATION OF iNTEREST iN CERTAlN REAL PROPERTY COMPRISED OF APPROXIMATELY 9978 SQUARE FEET, LOCATED AT 40 NORTH FOURTH AVENUE (TARGET SHOPPiNG CENTER), CHULA VISTA, CALIFORNIA--As a condition to issuance of building permits for the project, the Final Environmental Impact Report and Precise Plan required a fully signalized concentric intersection be constructed at North Fourth Avenue and Brisbane in order to mitigate traffic impacts. The purpose of this public hearing is to determine public necessity to acquire the property by means of eminent domain. Staff recommends the Agency/Council hold the public hearing and approve the resolutions. f4/5ths Vote Reauired! (Community Development Director) A. COUNCIL RESOLUTION 18253 and AGENCY RESOLUTION 1493 FiNDiNG AND DETERMlNlNG PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTIlORIZiNG THE CONDEMNATION OF CERT AlNREAL PROPERTY COMPRISED OF APPROXIMATELY 9978 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTIlORIZiNG THE COMMENCEMENT OF CONDEMNATION PROCEEDiNGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY - . Agenda -3- June 18, 1996 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. None Submitted. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. Public comments are limited to five minutes per individual. OTHER BUSINESS 7. DIRECTOR'S/CITY MANAGER'S REPORT(S) 8. CHAffi'S/MAYOR'S REPORT(s) 9. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a Joint Regular Redevelopment Agency/City Council Meeting on July 16, 1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ****** COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD) at 619.585.5647. California Relay Service is also available for the hearing impaired. [C:\ WP51 \AGENCY\AGENDAS\O6-l8-96.AGD] - - MINUTES OF A JOINT MEETiNG OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, May 21, 1996 Public Services Building 9:32 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Alevy, Moot, Padilla, Rindone , and Chair/Mayor Horton ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MiNUTES: May 7,1996 MSUC (Padilla/Moot) to approve the minutes of May 7, 1996 as presented. CONSENT CALENDAR (Items pulled: none) 3. WRITTEN COMMUNICATIONS: None. 4. RESOLUTION 1495 APPROVING FINAL RELOCATION ASSISTANCE PAYMENT TO AUGUSTIN REYES RESULTiNG FROM EMINENT DOMAiN ACTION REGARDiNG PALOMAR TROLLEY CENTER--The Agency acquired through eminent domain action the La Mission Mi Cabana restaurant and nightclub from Mr. Reyes in pursuit of the Disposition and Development Agreement for the Palomar Trolley Center. The Agency's relocation consultant has submitted a payment request to the Agency for relocation costs the Agency agreed to pay in the stipulation of judgment. Staff recommends approval of the resolution. (Community Development Director) 5. RESOLUTION 18308 and RESOLUTION 1496 APPROVING AGREEMENT WITH LIPMAN STEVENS MARSHALL & THENE, iNC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT, AND REDEVELOPMENT PROJECTS--Several currently budgeted capital improvement projects require additional right-of-way for construction. To expedite the acquisition process, staff must first appraise the value of the property and is requesting to contract for property appraisal services for a one-year period with a renewable clause for an additional year. Staff recommends approval of the resolutions. (Director of Public Works) 6. RESOLUTION 18309 and RESOLUTION 1497 APPROVING AGREEMENT WITH RYALS AND ASSOCIATES FOR PROVIDING RIGHT -OF-WAY ACQillSITION AND RELOCATION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT, AND REDEVELOPMENT PROJECTS--Several currently budgeted capital improvement projects require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition and relocation services for a one-year period with a renewable clause for an additional year. Staff recommends approval of the resolutions. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDiNANCES None submitted. ;1.- / - Minutes May 21, 1996 Page 2 ORAL COMMUNICATIONS None ACTION ITEMS 7.A. RESOLUTION 18310 ADOPTiNG NEGATIVEDECLARATlON IS-93-07; ADOPTiNG ADDENDUM TO NEGATIVE DECLARATION IS-93-O7A AND ADOPTiNG ENVIRONMENTAL ASSESSMENT AND FiNDiNG NO SIGNIFICANT IMPACT FOR TROLLEY TERRACE TOWNHOMES; APPROViNG A CONVEYANCE AGREEMENT AND ESCROW iNSTRUCTIONS WITH SOUTH BAY COMMUNITY SERVICES WITH RESPECT TO 1.16 ACRES OF REAL PROPERTY LOCATED AT 746 AND 750 ADA STREET FOR THE DEVELOPMENT OF AN 18 UNIT AFFORDABLE HOUSING COMPLEX; AUTHORIZiNG THE MAYOR TO EXECUTE DOCUMENTS; AND APPROVING A FUNl)iNG COMMITMENT OF $509,311 FROM THE HOME PROGRAM FUNl)S TO BE LOANED FOR SUCH DEVELOPMENT COMPLEX--The Council on 7/19/94 approved purchase of the two parcels for the purpose of developing an affordable for sale housing development with associated child care facility as part of the Palomar Trolley Shopping Center development. South Bay Community Services proposed to build the affordable housing and intends to develop the child care center. Staff recommends approval of the resolutions. r 4/5ths Vote Reouired on Item 11.Bl (Community Development Director) B. RESOLUTION 1498 and RESOLUTION 18311 APPROPRIATING $643,000 OF HOME FUNl)S AND DEPOSITiNG THOSE FUNl)S iN THE AGENCY'S LOW/MODERATE iNCOME HOUSING FUNI) AS REPAYMENT FOR FUNl)S PREVIOUSLY ADVANCED FOR PURCHASE OF PROJECT SITE r4/5ths Vote Reouiredl - Juan Arroyo, Housing Coordinator, stated it was essential for the Council/Agency to take action due to an established deadline to submit the proposal for a tax credit financing requirement by 5/28/96. The project had received wide spread community support. . Chris Moxon, 315 Fourth Avenue, Chula Vista, CA, South Bay Community Services, stated there was a need for large units for families. He requested Agency/Council support. . Ken Sauder, 315 Fourth Avenue, Chula Vista, CA, Community Development Director for South Bay Community Services, requested Agency/Council support. . Barbara A. Worth, 1260 Third Avenue, Chula Vista, CA, South Bay Community Services, stated the city Housing Commission supported the project. . Mitch Thompson, 5110 Glen Verde Drive, Bonita, CA, Bank of America Community Development Bank, stated they were the proposed construction and pennanent lender. He requested Agency/Council support. Member Rindone commended SBCS for their work in the community, but expressed concern about the staffing of the Agency. The City of San Diego had tied in a new condition, i.e. job or vocational training. He questioned if there was a linkage between education/training and low income housing in the city. David Gustafson, Assistant Director of Community Development, responded that Park Village Apartments had an employment/counseling assistance component. Casa Nueva Vida had a component that provided educational training for job searches. He felt SBCS would positively respond to include that in the proposed project. Member Rindone questioned how it was monitored. Mr. Gustafson responded that city staff monitored the Park Village Apartments project. Mr. Sauder stated SBCS had the personnel to handle the project. There was a time with all projects when everything came together and they were able to take on another project. They monitored their time very carefully. They had a case worker to help identify needs of the residents of Casa Nueva Vida. They were also working on ..2 -:L- - - Minutes May 21, 1996 Page 3 another proposal where they would be working with a consortium of agencies which would include job training for victims of domestic violence. They were very concerned in not only providing housing and shelter but services as needed for the total development of the person. Member Rindone stated he was pleased to hear the services being offered by SBCS. He requested that staff summarize what was being done regarding the linkage between housing and training. He also wanted to see everyone with housing projects brought in with the trainers and networking groups. RESOLUTIONS 18310, 1498, AND 18311 OFFERED BY MEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 8.A RESOLUTION 1499 APPROViNG RATIFICATION OF A $378,280 COMMITMENT FROM THE LOW AND MODERATE INCOME HOUSiNG FUNI) FOR AN AFFORDABLE HOUSiNG PROJECT PROPOSED TO BE DEVELOPED IN RANCHO DEL REY SPA III--Amendment to the Cordova housing agreements to enhance the project's competitiveness in the next tax credit application cycle. All conditions previously approved by Council/Agency remain valid and are not proposed to be changed. Staff recommends approval of the resolutions. f4/5ths Vote Required on Item 9.Bl (Community Development Director) B. RESOLUTION 1500 APPROViNG A COMMITMENT FOR $100,000 FROM THE LOW/MODERATE iNCOME HOUSiNG FUNl)S FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSiNG PROJECT PROPOSED TO BE DEVELOPED iN RANCHO DEL REY SPA III f4/5ths Vote Required on this iteml C. RESOLUTION 18312 APPROVING RATIFICATION OF A LAND DONATION AND A $160,000 COMMITMENT FROM HOME PROGRAM FUNl)S FOR AN AFFORDABLE HOUSING PROJECT PROPOSED TO BE DEVELOPED IN RANCHO DEL REY SPA III D. RESOLUTION 18313 APPROVING [1] AN AMENDED AND RESTATED CONVEYANCE AGREEMENT AND ESCROW INSTRUCTIONS WITH RANCHO DEL REY iNVESTORS; [2] AN AMENDED AND RESTATED ASSIGNMENT OF CONVEYANCE AGREEMENT AND ESCROW iNSTRUCTIONS WITH CORDOVA VENTURES; [3] AN AMENDED AND REST A TED LOW iNCOME HOUSiNG AGREEMENT BETWEEN RANCHO DEL REY INVESTORS AND CORDOVA VENTURES ALL WITH RESPECT TO 2.97 ACRES OF PROPERTY WITHIN SPA UI PROPOSED FOR DEVELOPMENT INTO A 40 UNIT LOW iNCOME HOUSING COMPLEX; AND [4] AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AND RESTATED CONVEYANCE AGREEMENT AND ESCROW iNSTRUCTIONS AND THE AMENDED AND REST A TED ASSIGNMENT OF CONVEYANCE AGREEMENT AND ESCROW INSTRUCTIONS E. RESOLUTION 18314 APPROVING AN AMENDED AND RESTATED AFFORDABLE HOUSING AGREEMENT WITH RANCHO DEL REY INVESTORS, L.P. Member Moot stated he would abstain from participation in order to avoid a conflict of interest Juan Arroyo, Housing Coordinator, gave a brief history of the project. Staff and Rancho del Rey were in disagreement regarding the affordable housing delivery schedule. Rancho del Rey felt they should be relieved of the cap on market rate unit approval until the affordable units were delivered. They were unwilling to participate in the proposed Cordova project resubmittal unless relieved of the city mandated cap. Staff recommended keeping the cap on market rate units in place at the present time and revisiting the issue once staff learned whether the tax credit application succeeded. Staff would know if tax credits were awarded by August 1996. Staff felt the application was more competitive at the present time and did not want to relinquish city leverage to ensure the affordable housing units were built. Council was being asked to make a policy decision on the matter. Local residents had been informed of the process. David Gustafson, Assistant Director of Community Development, stated between the present time and August 1996 when the tax credit committee decided on whether the project was funded, staff would work with Rancho del Rey and all other potential participants to develop alternative projects if Cordova did not get a tax credit award. Staff wanted back-up positions that they could act on quickly. If the state committee awarded the preliminary credits to ,)-3 - - Minutes May 21, 1996 Page 4 the project and if Rancho del Rey was progressing with due diligence, staff would recommend that the Agency/Council suspend the cap on the maps for the market units that Rancho del Rey wanted to pursue. If the state committee did not award the credits, staff would recommend that they return to Council the first week in September with a reconsideration of Rancho del Rey's request to be relieved of the cap. Staff wanted to be as flexible as possible while still keeping Rancho del Rey a committed and participating member to provide the affordable housing in Rancho del Rey. . Chris Moxon, 315 Fourth Avenue, Chula Vista, CA, South Bay Community Services, stated they supported the project and noted the need in the eastern area of the city. . Craig Fukuyama, 2727 Hoover, National City, CA, Ranch del Rey Investors Limited, stated he wanted to commit and reaffirm their support for the Cordova project. His remarks were focused on the issue on Item E, Rancho del Rey's affordable housing agreement. In fulfillment of their obligation the partnership had pledged to donate nearly $1 million in property for the 40 units of which their obligation was only 23 units. They were reimbursing the city's affordable housing program an additional $238,000. They had completed development of the site and recorded the parcel map and had spent in excess of $25,000 preparing the conveyance agreements, two modifications, and amendments before the Agency/Council. In addition, they had granted the city an $805,000 deed of trust on the Cordova site securing their affordable housing obligation. The city was not without some leverage over the Ranch del Rey Partnership to fulfill it's obligation. He felt the "leverage" referred to by staff was effectively a city imposed moratorium on Rancho del Rey. The leverage was punitive and not an inducement or incentive to comply with the city requirements. They could not commit to the Cordova project again without being relieved of the moratorium. Even with financial enhancements Cordova's success was uncertain and they could not seriously pursue alternatives while legally committed to the Cordova project. Other non-profits were not willing to commit or engage in serious negotiations while the likelihood of a successful outcome regarding the Cordova project hung over them. Holding them financially hostage was unreasonable and excessive. They could not accept the terms in the staffs most recent revisions to the agreement. They desired an affirmative statement in the agreement that stated" At the end of the period for the tax credit (around September 15, 1996) the final map cap would be terminated or lifted." He requested approval of Exhibit F which was their version of the agreement. Mr. Gustafson responded that if staff's language was added to Section 2 of the document, it would be the staff recommendation. If it was left the way it was in the Agency/Council packet it would reflect Mr. Fukuyama's request. Chair/Mayor Horton stated that Rancho del Rey had done tremendous things for the community and she wanted to work out a resolution. She supported Mr. Fukuyama's requested because it did not jeopardize the city's goal. Member Rindone stated there were conflicting interests between a respected company and protecting the city's interests. It was his understanding that during the period of time, i.e. until September, if the cap was terminated the projection was approximately 400 additional units to be processed. Mr. Fukuyama stated the subdivision map would be before Council in July/August for approximately 400 lots which he felt would be the final tentative subdivision map for Rancho del Rey. They were currently negotiating a project that abutted the affordable housing site that could conceivably be a condominium project for about 200 more units. They were reluctant to negotiate because of the pending Cordova action and the possihility that there was a final map limit in place. Member Rindone stated felt the proposal was reasonable and questioned what the downside was for the city. Mr. Gustafson responded that there were two concerns: I) staff wanted Rancho del Rey to continue to be committed to the project and the caps had been placed at the mid-point of the project so that when they reached the end of the project they would have affordable housing and not have to make compromises that the city would not normally make; 2) the setting of a precedent, if Council did remove the cap he recommended that it be put on the record that it was extraordinary circumstances, i.e. Rancho del Rey had made an extraordinary effort to make it happen, but had been held captive by a tax credit process beyond their control. Staff had searched for alternatives and had not found any. The city had security on the site but it was not sufficient to ensure that the affordable housing units would be built. ,).-1 - . Minutes May 21, 1996 Page 5 Member Padilla agreed that an incremental lifting of the cap would be impractical. The city had dealt extensively with the developer over the years and felt there was a good faith situation. He understood the incompleteness in terms of the value on the deed of trust, but felt the willingness was significant and should be taken into consideration. He felt the Agency/Council should move forward with Mr. Fukuyama's recommendation. . Ken Sauder, 315 Fourth Avenue, Chula Vista, CA, Community Development Director for South Bay Community Services, stated there was a tremendous need for affordable housing on the East side of 1-805, particularly in the Rancho del Rey area. They enjoyed working with McMillin Company and Rancho del Rey. He requested Agency/Council support of the project. . Mitch Thompson, 5l10 Glen Verde Drive, Bonita, CA, Bank of America, felt the project would be a positive attribute for the community. He requested Agency/Council support of the project. Member AIevy stated he had concerns with the project. When the item was previously before the Agency/Council he was the no vote. The education process that had been conducted evidently worked because there was no one present in opposition to the project. It was unfortunate that more people were not given an opportunity to buy a home the first time. The co-op program for the trolley project was admirable and he questioned the possibility for such a program for the Cordova project. There was a real difference in pride in ownership from pride in rentership. Mr. Sauder responded that they could look at such a co-op. When the tax credit period of 15 years ran out the residents could organize in some way regarding purchase. South Bay Community Services was not just looking at putting roofs over people's heads but helping them meet all their needs. Member AIevy stated he lived beyond the 300 ft. area, but within the 2,500 ft. area and had been assured that it would have little, if any, effect on the value of his home. The city should be very proud of the quality of the affordable housing in the city and the fact that the city was way ahead of the threshold of the rest of the county and region. The project abutted to an existing neighborhood which did not fall under the disclosure requirement when they purchased their homes. The city needed to give the neighborhood every opportunity to give input and be educated regarding projects in order to lessen the impacts. The developer had gone way beyond the norm to make the eastern part of the city a wonderfully planned community. He supported Mr. Fukuyama's request as they had made a sincere effort. He did not want government to stand in the way of progress. Member Rindone felt it was a unique situation and did not set a precedent. The community interest was best served when there was a responsible developer that provided the johs, opportunities, and advancements which impacted the economy of the city. He believed McMillin's commitment. RESOLUTION 18314, EXHIBIT F, OFFERED BY MEMBER RINDONE, reading of the text was waived, passed and approved 4-0-0-1 with Moot abstaining. RESOLUTIONS 1499, 1500, 18312, AND 18313 OFFERED BY CHAm/MAYOR HORTON, reading of the text was waived, passed and approved 4-0-0-1 with Moot abstaining. ITEMS PULLED FROM THE CONSENT CALENDAR None OTHER BUSINESS 9. DIRECTOR'S/CITY MANAGER'S REPORTlS) - None 10. CHAm'S/MA YOR'S REPORTIS) - None 11. AGENCY/COUNCIL MEMBER COMMENTS - None ~-5 - . Minutes May 21, 1996 Page 6 ADJOURNMENT ADJOURNMENT AT 10:47 P.M. to the Regular Redevelopment Agency Meeting on June 4, 1996 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: ~ c2 -~ - . JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item~j,. Meeting Date 6-18-96 ITEM TITLE: AGENCY RESOLUTION /5ð¥ AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT COUNCIL RESOLUTION / &"3 'I"; AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF CHULA VISTA, AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT SUBMITTED BY: Ch,l, S,'omooo. Commoolty OOV"OP~ Ol"<to, (c" REVIEWED BY: John D. Goss, City Manager~ ~ ;~ (4/5ths Vote: Yes- No-X...I Council Referral Number: - BACKGROUND: On October 25, 1994 the Chula Vista City Council and Redevelopment Agency conceptually approved the donation of 30 acres of land currently owned by the Sweetwater Union High School District and the exemption of the majority of development fees in support of the Veterans Home project. On October 27, 1994 the Governor's Task Force voted in favor of recommending the Medical Center Drive site in Chula Vista as the location for the development of the next Veterans Home facility. On November 14, 1994, the Chula Vista Redevelopment Agency, the City of Chula Vista, and the District entered into a Memorandum of Understanding regarding the Agency's proposed acquisition of the Medical Center Drive site owned by the District in exchange for the Agency-owned Windmill Farms site on Third Avenue and other consideration to make up the difference in property value. On September 7, 1995 the District Board of Trustees approved the Property Exchange Agreement ("Agreement") implementing the earlier MOU. On September 26, 1995, the City Council and the Redevelopment Agency also approved the Agreement. +~ J Page 2. Item t/~ 1-1 Meeting Date 6-18-96 On October 19, 1995 escrow was opened for this project with a closing date of December 1, 1995. However, due to State legislation delays in advancing appropriate funding bills, the escrow closing was extended to June 1, 1996. Due to additional time needed to complete this transaction, the exchange agreement again needs to be amended to extend the escrow period from June 1, 1996 to September 1, 1 996. RECOMMENDATION: That the City Council and the Redevelopment Agency approve the resolutions to amend the Exchange Agreement to extend the close of escrow from June 1, 1996 to September 1, 1996 for the Veterans Home project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On October 19, 1995 escrow was opened with Spring Mountain Escrow for the Veterans Home project with a schedule closing date of December 1, 1995. As a result of delays in predevelopment funding authorization in the State legislature and ongoing negotiations between City and State staff on the terms of the property transfer, escrow was not ready to close on December 1 st. Staff met with the City Attorney's office, and it was determined that the escrow closing date be extended to June 1, 1996 to preserve flexibility in the event of unexpected delays in the legislature regarding funding for the project or in finalizing negotiating the specific terms for the transfer of the Hospital Site to the State. Due to additional time needed for the State to authorize the funding of the project and for the State to complete the required site analysis and preliminary design studies, it is required to again amend the Exchange Agreement. Staff has been in contact with a representative of SUHSD and has received a written agreement to amend the Exchange Agreement to extend the close of escrow to September 1, 1996. FISCAL IMPACT: Amendment to the Exchange Agreement to extend the close of escrow will not have any fiscal impact on the Veterans Home project. [AH\C,\WPWIN\JUAN\A 113\ESCROW.A 113] q-J- - . ~ RESOLUTION IJ'!) 'f RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY, AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT WHEREAS, on October 25, 1994 the Chula Vista City Council and Redevelopment Agency conceptually approved the donation of 30 acres of land currently owned by the Sweetwater Union High School District and the exemption of the majority of development fees in support of the Veterans Home project, and WHEREAS, on October 27, 1994 the Governor's Task Force voted in favor of recommending the Medical Center Drive site in Chula Vista as the location for the development of the next Veterans Home facility, and WHEREAS, on November 14, 1994, the Chula Vista Redevelopment Agency, the City of Chula Vista, and the District entered into a Memorandum of Understanding regarding the Agency's proposed acquisition of the Medical Center Drive site owned by the District in exchange for the Agency-owned Windmill Farms site on Third Avenue and other consideration to make up the difference in property value, and WHEREAS, on September 7, 1995 the District Board of Trustees approved the Property Exchange Agreement implementing the earlier MOU, and WHEREAS, on September 26, 1995 the City Council and the Redevelopment Agency also approved the Agreement, and WHEREAS, on October 19, 1995 escrow was opened with Spring Mountain Escrow for the Veterans Home project with a scheduled closing date of December 1, 1995. WHEREAS, on January 9, 1996 the Redevelopment Agency, the City of Chula Vista and Sweetwater Union High School District agreed to extend the of escrow from December 1, 1995 to June 1, 1996. WHEREAS, an additional extension of the Exchange Agreement escrow is necessary in order to accommodate the project. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. An Amendment of the Exchange Agreement between the City of Chula Vista, Redevelopment Agency, and the Sweetwater Union High School 1~3 School District is hereby approved to extend the close of escrow from June 1, 1996 to September 1, 1996. 2. The Chairman is authorized to sign such an amendment in final form approved by the City Attorney. PRESENTED BY: APPROVED AS TO FORM BY: ~ . ~ ~ ~....ø-, ~~ Chn ãlòmòne Community Development Director gency Attprn y '\ "~ [AH\ C c \ WPWI N\J U AN\RESO\ ESC ROW 2 RESO J 1-t-f - - c~ RESOLUTION /f?3Ý? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AMENDMENT OF THE EXCHANGE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, THE CITY OF CHULA VISTA, AND SWEETWATER UNION HIGH SCHOOL DISTRICT TO EXTEND THE CLOSE OF ESCROW FROM JUNE 1, 1996 TO SEPTEMBER 1, 1996 FOR THE VETERANS HOME PROJECT WHEREAS, on October 25, 1994 the Chula Vista City Council and Redevelopment Agency conceptually approved the donation of 30 acres of land currently owned by the Sweetwater Union High School District and the exemption of the majority of development fees in support of the Veterans Home project, and WHEREAS, on October 27, 1994 the Governor's Task Force voted in favor of recommending the Medical Center Drive site in Chula Vista as the location for the development of the next Veterans Home facility, and WHEREAS, on November 14, 1994, the Chula Vista Redevelopment Agency, the City of Chula Vista, and the District entered into a Memorandum of Understanding regarding the Agency's proposed acquisition of the Medical Center Drive site owned by the District in exchange for the Agency-owned Windmill Farms site on Third Avenue and other consideration to make up the difference in property value, and WHEREAS, on September 7, 1995 the District Board of Trustees approved the Property Exchange Agreement implementing the earlier MOU, and WHEREAS, on September 26, 1995 the City Council and the Redevelopment Agency also approved the Agreement, and WHEREAS, on October 19, 1995 escrow was opened with Spring Mountain Escrow for the Veterans Home project with a scheduled closing date of December 1, 1995. WHEREAS, on January 9, 1996 the Redevelopment Agency, the City of Chula Vista and Sweetwater Union High School District agreed to extend the of escrow from December 1, 1995 to June 1, 1996. WHEREAS, an additional extension of the Exchange Agreement escrow is necessary in order to accommodate the project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. An Amendment of the Exchange Agreement between the Redevelopment Agency, City of Chula Vista, and the Sweetwater Union High 1-S - . School District is hereby approved to extend the close of escrow from June 1, 1996 to September 1, 1996. 2. The Mayor is authorized to sign such an amendment in final form approved by the City Attorney. PRESENTED BY: APPROVED AS TO FORM BY: ~ ~ ~&- ~'-- Chris Salomone Community Development Director ~J;1ey . IAH\C:\ WPWIN\JUAN\RESD\ESCROW, RESO] 1-1p JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT ItemS Meeting Date 06/18/96 ITEM TITLE: PUBLIC HEARING: Joint Redevelopment Agency and City Council Public Hearing Pursuant to Health and Safety Code Sections 33431 and 33433 To Consider a Loan from the Redevelopment Agency to Broadway Village Business Homes, L.P. Dated August 2, 1995 AGENCY RESOLUTION COUNCIL RESOLUTION (1) Approving the First Amendment to the Disposition and Development Agreement by and Between the Redevelopment Agency of the City of Chula Vista and Broadway Village Business Homes, loP. Authorizing a Loan to Cover the Costs of Development Permits and Processing for Phase I of the Broadway Business Homes Project; (2) Appropriating Funds from the Otay Valley Road Project Area Land Sale Proceeds to be Loaned to the Southwest Project Area at the Council Approved Interest Rate for Intra-City Loans; (3) Appropriating Funds from Southwest Project Area Fund to Broadway Village Business Homes, loP. SUBMITTED BY: Comm"o'" D",'opm,"' o"~. <, , REVIEWED BY: Executiv~ Director J.\ ~ /" (4/5ths Vote: Yes..x. No_I RECOMMENDATION: That the City Council and Agency open the Public hearing and continue the Public Hearing to a date and time certain, that being Tuesday, July 16, 1996 at 6:00 p.m., immediately following the City Council meeting. ak:bushomeslra4slamend-l,ra4s S~/ - - JOINT CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT Item to Meeting Date 06/18/96 ITEM TITLE: PUBLIC HEARING: Joint Public Hearing of the City Council and Redevelopment Agency to consider Condemnation of Interest in certain real property comprised of approximately 9978 square feet, located at 40 N. Fourth Avenue (Target Shopping Center), Chula Vista, California COUNCIL RESOLUTION AGENCY RESOLUTION Finding and determining public interest and necessity for acquiring and authorizing the condemnation of certain real property comprised of approximately 9978 square feet located at 40 N. Fourth Avenue, Chula Vista, California and authorizing the commencement of condemnation proceedings by outside counsel to acquire right-of-way SUBMITTED BY: Ch,', S.lomo",. Commoofiy DmIOP~"'O' (,,>, REVIEWED BY: John D. Goss, City ManagerJ~ ~ 4/5t s Vote: Yes lL No_) Council Referral Number: - BACKGROUND: On November 15, 1994, the City Council and Redevelopment Agency held a joint public hearing and approved the Final Environmental Impact Report (FEIR) and Precise Plan, along with other discretionary land-use approvals, for the Channelside Shopping Center (Wal-Mart) project at the northwest quadrant of N. Fifth Avenue and C Street in the Town Centre II Redevelopment Project Area. This project, formally named the South Bay Marketplace, included additional tenants/users on the "Chula Vista" portion and a joint development immediately adjacent to the east in the city of National City that will include, among several other tenants/users, a new building for the existing Dixieline Lumber store. Copies of the site plan for the joint development project along with the proposed design for the intersection are attached as Exhibits A and A-1 . As a condition to the issuance of building permits for the South Bay Marketplace project, the FEIR and Precise Plan required that a fully signalized concentric intersection be constructed at N. Fourth Avenue and Brisbane in order to mitigate the traffic impacts expected to be generated from: 1) the build-out of the Chula Vista site (after Wal-Mart), and 2) the build-out of the National City site (after the new Dixieline). In order to construct the intersection, approximately 9978 square feet of the existing Target parking lot immediately opposite of Brisbane needs to be acquired. Included as Exhibits B through B-5 are the legal descriptions and plat maps for the property to be acquired along with the easements that are to be retained for traffic control devices and pedestrian access. The purpose of this public hearing is to determine the public necessity to acquire the property by means of eminent domain. This public hearing was previously scheduled for April 9, 1996. However, two members of the City Council/Redevelopment Agency indicated that they potentially had a conflict of interest and therefore could not take part in the deliberations at that time. In a written response from the Fair Political Practices Commission (FPPC) dated May 17, 1996, the City (p -I Page 2, Item--.f.. Meeting Date 06/18/96 was advised that both members have a conflict of interest and provided the process by which one member should be randomly selected and compelled to participate after fully disclosing their individual conflict of interest to the public. The City Attorney staffing the meeting will implement this process. RECOMMENDATION: It is recommended that the City Council and Redevelopment Agency; 1) follow the instructions provided by the FPPC to select which of the two affected Councilmembers will be compelled to participate, 2) conduct the public hearing and 3) adopt the joint City Council and Redevelopment Agency Resolution of Necessity authorizing the City of Chula Vista to acquire the identified property through eminent domain. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: After approval of the project at the November 15, 1994 meeting and the subsequent approval of a Subdivision and Precise Plan Improvement Agreement on February 7, 1995, the Wal-Mart store was opened in November 1995. Pursuant to the conditions placed on the project, Gatlin Development Company was required to attempt to acquire, through private negotiations, the property necessary for construction of the intersection and access road at Fourth Avenue and Brisbane. The City and Agency in return, agreed to evaluate the need and/or appropriateness for the use of eminent domain in the event that Gatlin was unsuccessful in their efforts. For purposes of definition, the "Required Property" to be obtained is proposed to be in the form of an easement and used for the construction and maintenance of a roadway segment, a signalized concentric intersection, and related appurtenances ("Required Improvements") at the corner of Fourth Avenue and Brisbane in the City of Chula Vista. Efforts to Acquire Property Gatlin Development made an offer to the property owners, based upon an appraisal, of $120,734 (or $12.10 per square foot) through a letter dated July 6, 1995. The property owners of record are 1) Charles Kerch, Nellie Streeter Crane, Ltd., and 2) William Borgerding, Trustee, Lucyle E. Borgerding Family Trust. The property owners failed to respond to the offer, and subsequently, Gatlin Development tendered a request for condemnation action to the City in a letter dated August 6, 1995. After evaluation by staff and subsequent efforts to open a dialogue with the fee owners and leasehold interests; ( Sunbelt Development and Target Stores, Inc.) the City presented an offer to the property owners for $124,725 ($12.50 per square foot) pursuant to Government Code Section 7267.2 by certified mail on October 2, 1995, and again on October 18, 1995. The offer was contingent on the City's approval and acceptance of title which is free and clear of all encumbrances, including any leasehold interests. Subsequent to the October 18 letter, the property owners agreed to the purchase price ($124,725) and submitted a signed acceptance to the City on October 27. The matter, with all necessary monies from the developer, was then submitted to First American Title and an escrow was opened for consummation of the transaction on November 17, 1995. Unfortunately, the property owners were unsuccessful in getting "sign off" from Target Stores and the title company was unwilling to issue clear title without acceptance from Target. As h ...- ')--- Page 3. Item~ Meeting Date 06/18/96 a result, it became apparent that the only avenue for the City and Agency to acquire the property was through eminent domain. Therefore, the Agency provided a final offer to purchase plus a notice of public hearing on March 12 (and March 20 with a corrected public hearing date) with copies to all interested parties (included as Attachment 1 and 1 A). Finally, after receipt of the notice(s) of public hearing, Target's legal counsel contacted staff in an effort to gain more specific information about the proposed acquisition and in particular, the design of the intersection and its impact on the Target parking lot. Staff advised that the proposed design was purposely intended to minimize the impact of the Target parking lot (loss of 32 spaces) while providing their customers with better, safer ingress and egress through the intersection and access road. Subsequent Efforts to Settle with Target after April 9 Meeting During this interim period while waiting for the written ruling from the FPPC, staff has continued to work with Target's counsel, Gatlin Development, Dixieline Lumber, and American Assets (National City's project owner/developer) in an effort to gain Target's cooperation in this acquisition. After an initial request from Target, a written proposal dated June 6, 1996 was provided to Target's Counsel as follows: 1) a left-turn pocket for northbound Fourth Avenue traffic between Brisbane and C Street will be provided to allow access to the Target store via an existing driveway curb cut; 2) Target access rights through the new intersection and access road will be guaranteed through an access easement granted to Target by American Assets (American Assets also agrees to maintain the easement improvements without cost to Target); and 3) all other traffic control designs are to remain the same including stop signs for north and south bound traffic at the interior intersection of the access road just west of the "S" curve. Included as Attachment 2 is the proposed design of the left turn pocket for accessing the Target Shopping Center. As of the deadline for submitting this report, the City has not received a formal response from Target. However, Target's attorney indicated, subject to further discussions with their client, that Target is likely to accept the proposal (including the stipulation to the City's right to take). The primary outstanding issue is Target's agreement to accept the amount of compensation offered to their landlord while reserving their rights to receive a portion of the compensation. Staff will update the Council/Agency at the meeting. Requirements and Findings for Eminent Domain Action In order to adopt a Resolution of Necessity, the California Code of Civil Procedure, section 1240.030, provides that the power of eminent domain may be exercised to acquire property for a proposed project if certain conditions are established. Following is a list of the required conditions along with the appropriate findings: 1. The public interest and necessity require the project. The public interest and necessity require the acquisition of the Required Property in order to construct the Required Improvements that is necessary to mitigate the traffic ~ -3 Page 4, Item~ Meeting Date 06/18/96 impacts generated by the Channelside Shopping Center ("Project") and adjacent projects, and to otherwise provide for safe and proper traffic flows through the intersection. 2. The project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury. The Required Improvements are planned and located to be most compatible with the greatest public good because, in accordance with City traffic studies, they maximize the necessary traffic mitigation and control where the most intense traffic flows are expected to occur. The traffic study for the project indicated that of the 23,500 average daily trips to be generated from both the Wal-Mart and Dixieline centers, 40% or 9,400 trips are expected to occur at the Fourth Avenue and Brisbane intersection. A fully aligned intersection at this location is far superior to a non-aligned intersection because of substantially improved safety and movements for both vehicular and pedestrian traffic. The Required Improvements are planned and located to be most compatible with the least private injury in that any other feasible plan or location would cause even more significant impacts on private property. As currently proposed the Required Improvements require the taking of approximately 9,977.88 square feet. This is a relatively small portion of the overall parcel owned by Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust at this location. Moreover, the parking spaces which are being taken from the Target store which operates on the parcel are spaces which are located relatively far away from the Target store entrance, and therefore are the least used of all available spaces. The need for the Required Improvements for health and safety purposes outweighs the minor effect on Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest in the property. 3. The property sought to be acquired is necessary for the project. The Required Property is necessary for the Required Improvements because it underlies the property over which the realigned roadway, striping and signalization equipment must be located. 4. The offer required by Government Code section 7267.2 has been made to the owner of record. The offer required by section 7267.2 of the Government Code was made to the owners of record in an amount constituting just compensation, based upon the fair market value as established in an independent appraisal of the property. 5. The taking, as to any portion which is appropriated or dedicated to a public use, is for a compatible public use consistent with and authorized by the California Code of Civil Procedure section 1240.510; and, &--y - . Page 5, Item1 Meeting Date 06/18/96 6. The taking as to any portion of the property which is appropriated or dedicated to a public use is for a more necessary public use consistent with and authorized by California Code of Civil Procedure section 1240.610. To the extent that any portion of the Required Property includes property previously dedicated to public use, the taking by the City as to any such portion is either for a compatible public use consistent with and authorized by Code of Civil Procedure Section 1 240.510, or for a more necessary public use consistent with and authorized by Code of Civil Procedure Section 1240.610. As a final note, the value of the property contemplated to be taken is not fixed by this proposed Resolution of Necessity. The City and Agency have submitted offers based upon a "special use" appraisal taking into account the current use of the property. Any disputes relative to the ultimate valuation is to be decided at another phase of this process, and is not a basis for delaying the adoption of the resolution as along as an offer pursuant to Government Code section 7267.2 has been made as stated in #4 above. FISCAL IMPACT: This specific eminent domain action will not have a fiscal impact on the City or Agency. All costs associated with the property acquisition, (including escrow, title and legal fees) along with the subsequent construction, is being funded entirely by Gatlin Development Company. Additionally, any increase in the ultimate valuation determined to be "just compensation" for the property will also be the responsibility of the developer. m:\home\commdev\haynes\reportsltargtrow.113 t/5 - . ATTACHMENT 1 ~ ~{f? -- ¡ I,} :-.--: ~;- - ON OF CHUlA VISfA COMMUNITY DEVELOPMENT DEPARTMENT March 20, 1996 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Charles Kerch Mr. William Borgerding K & S limited Trustee, lucyle E. Borgerding Family Trust Nellie Streeter Crane, ltd. 8914 Retcher Valley Drive 860 Isthmus Court, Apt. 2 Santee, CA 92071 San Diego, CA 92109 RE: NOTICE OF CHANGE IN PUBLIC HEARING DATE Dear Messrs. Kerch and Borgerding: In a letter dated March 12, 1996 (copy attached), the City of Chula Vista provided you a notice of public hearing to consider condemnation of interest in property located at 40 N. Fourth Avenue, opposite Brisbane in the City of Chula Vista. The notice included a scheduled public hearing date of April 2, 1996 in the City Council Chambers, 276 Fourth Avenue, Chula Vista. This letter serves as formal notice that the scheduled public' hearing will not occur on April 2, 1996 due to the Easter Holiday break. Therefore, the public hearing has been scheduled for Tuesday, April 9, 1996 at 6:00 p.m. or as soon thereafter as possible, in the Chula Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, CA with the intention of adoPting a Resolution of Necessity to acquire the property through eminent domain. All other information and exhibits provided in the March 12, 1996 notice is restàted and incorporated herewith. Sincerely, ~.~ Chris Salomone Community Development Director lH/ak Attachment Copies via Certified Mail: Mike Holmes, latigo West Development Susan lake Gasway, General Counsel, DaYlon- Hudson Corp. Mark B. Johnson, Manager, Existing Real Estate and Property Administration, Target Stores, Inc. cc: Patricia A. Riley, Esq., Corporate Counsel, Gatlin Development Stephen J. Fitch, Esq. . Scott Noya, Esq., Daley & Heft 6-?>" Glen R. Googins, Deputy City Attorney Lyle Haynes, Principal Community Development Specialist 276 FOURTH AVEICHULA VISTA, CALIFORNIA 91910/(619) 691-5047 - . ATTACHMENT i-A , ~' () ì ~~~ :;;. ~:: ,-. "., (;ñr,;ï.;¡-,.,ë CllY OF ~ CHUIA VISTA COMMUNITY DEVELOPMENT DEPARTMENT March 12, 1996 Mr. Charles Kerch CERTIFIED MAIL K & S Limited Nellie streeter Crane, Ltd. RETURN RECEIPT 860 Isthmus Court, Apt. 2 REOUESTED San Diego, CA 92109 Mr. William Borgerding Trustee, Lucyle E. Borgerding Family Trust 8914 Fletcher Valley Drive Santee, CA 92071 RE: Offer to Purchase; Notice of Public Hearing to Consider Condemnation of Interest in Certain Real Property comprised of Approximately 9,977.88 square feet, located at 40 N. Fourth Ave., Chula Vista, California. Dear Messrs. Kerch and Borgerding: On October 2,1995, the city of Chula Vista presented you with an offer to acquire a right of way interest in the above-described real property (the "Required Property") which is owned by you, and which the city needs in order to construct a fully aligned signalized intersection at the corner of Fourth Avenue and Brisbane in Chula Vista. The~i~y has "determined that such -an intersection is necessary at this site in order to provide safe and sufficient access through this intersection to the adjacent shopping center properties. The City offered to pay you $124,725 for the Required Property. One condition to this offer was that you deliver title to the Required Property free and clear of all liens and encumbrances, including leasehold interests. You accepted the City's offer by signing a copy thereof on or about October 17,1995. Despite our mutual efforts, as you know we have not been unable to obtain approvals for this acquisition from the parties holding leasehold interests in the Required Property, Latigo West' Development and Target Stores, Inc. Without such approvals, you will not be able to deliver title to the Required Property free and clear of all liens and encumbrances. Due to the failure of this condition, the City hereby terminates the agreement reflected by your execution of the City's October 2, 1995 offer r;-7 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 9201 O/(fi1 Q\ fiQ1-S0d7 /'"' ,:} \ ¡ \_-- Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; Signalized Intersection at Fourth Avenue and Brisbane March 12, 1996 Page 2 letter. Furthermore, due to the City's continuing need for the Required Property and the time constraints imposed by the construction schedule for the adjacent shopping center projects, the City must now commence eminent domain proceedings against the Required Property. As part of such proceedings, in accordance with Government Code Section 7267.2, the City hereby offers to pay you $121,000 for the Required Property. As you know, this offer is supported by independent appraisal of the Required Property. A summary of this appraisal is attached hereto as Exhibit A. A plat map and a legal description of the Required Property are attached hereto as Exhibit Band Exhibit C, respectively. The interest to be acquired in the Required Property is an easement for right of way and related appurtenances. Furthermore, you are hereby served notice that the city Council of the city of Chula Vista will hold a Public Hearing on April 2, 1996, at 6:00 p.m. or as soon thereafter as possible, in the Chula Vista City Council Chambers, 276 Fourth Avenue, Chula Vista, California, with the intention of adopting a Resolution of Necessity to acquire the Required Property through eminent domain. The California Code of Civil Procedure, section 1240.030, provides that the power of eminent domain may be exercised to acquire property.for a proposed project if the following conditions are established: (a) The public interest and necessity require the project; (b) The project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; (c) The property sought to be acquired is necessary for the project; (d) The offer required by Government Code section 7267.2 has been made to the owner of record; (e) The taking, as to any portion of the property which is appropriated or dedicated to a public use, is t,~g CITY OF CHULA VISTA - . -, ,...... ¡ ; j '. " Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; Signalized Intersection at Fou~th Avenue and Brisbane March 12, 1996 Page 3 for a compatible public use consistent with and authorized by the California Code of Civil Procedure section 1240.510; (f) The taking as to any portion of the property which is appropriated or dedicated to a public use is for a more necessary public use consistent with and authorized by California Code of Civil Procedure section 1240.610. During the public hearing on April 2, 1996, ~he City Council will be asked to determine if the above conditions have been met concerning the Required Property. If these conditions have been met, the Council will be requested to adopt a Resolution of Necessity. The adopted Resolution will authorize the City of Chula Vista to acquire the Required Property by eminent domain. The amount of and your right to just compensation is not a part of this proceeding and will not be considered by the City Council in determining whether a Resolution of Necessity should be adopted. You are entitled to appear and be heard regarding the adoption of the Resolution of Necessity if you file a written request to do so within 15 days of the date of the mailing of this notice. Objections to the intended actions are limited as set forth ~l~: . (1) Your written request must be filed with: city of Clerk city of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910. (2) The written request must actually be on file within the above-referenced 1S-day period. Failure to file a written request results in a waiver of your right to appear and be heard. (3) The written request should include a statement of the condition(s) which you feel are pertinent to your property. The only conditions that may affect your property which may be addressed are set forth above ~-f CITY OF CHULA VISTA - . .. , 0 \ Mr. Charles Kerch Mr. William Borgerding RE: Notice of Public Hearing; Signalized Intersection at Fourth Avenue and Brisbane March 12, 1996 Page 4 (designated as (a), (b), (c), (d), (e) and (f». By designating which condition(s) form the basis of your concerns and why, you will enable the City Council to have a full and expeditious review of your opinion of the project's potential affect on your property. Should you have any questions regarding this notice, your rights as set forth herein, or the project, please do not hesitate to contact this office, our Deputy City, Glen Googins at (619) 691- 5037, or our special legal counsel, Scott Noya of Daley & Heft at (619) 755-5666. Sincerely, ~,~ Chris Salomone Community Development Director CS:pc Att. Copies via certified Mail: Mike Holmes, Latigo West Development Susan Lake Gasway, General Counsel, Dayton-Hudson Corp. Mark B. Johnson, Manager, Existing Real Estate and Property Administration, Target Stores, Inc. cc: Patricia A. Riley, Esq., Corporate Counsel, Gatlin Develop. Stephen J. Fitch, Esq. Scott Noya, Esq., Daley & Heft Glen R. Googins, Deputy city Attorney Lyle Haynes, Principal Community Development Specialist (p,./O CITY OF CHULA VISTA II ~ ~: ! ,~ ~ ./.J/ ATTACHMENT 2 " " L I f I~ . " I I ANE I 20' , ',', "'-',', ' I Q , ,', i ' , ) - - ~\~\ :' \~\,>\\O,~::o;~o>] i l i' , [[], ~,\.,o,o,o'oo,o',"""\,\~,,,o','o.,j.. I I ~ I:f'/;"i/;':""'::/,:":..:",q I 1 ~ !C'ï'TD~~d I I i ~ .L '",',.... ",~ I - "c~"", .. ~ I N JJ",',:,\:>,',O"\,,\,,,"o'od .'f TARGET ; ", ':;:~~,""'" I 1-- - ..:..: ~ ','0::.,0 ""'- f .... ër" " ',' "','~ ITJ ...--'-I:J-~-' ~ ~'i ',"",,',,' ,"""",'~I-! .. CAlI" CAlI,," ~~ " ~--, ~ . 0 ,- U k I ~ ",~~,?,'~\>:~.. if ! --. - .- ~~. W :¡;":q"'\q~."" 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I ¡J, '---JCL, >. ~, Ò (¡) co .eCJ ~I>- ;;;¡ !f),':;¡ / --,Q. 01- -rv - ,,- -- I 0 '\] 1/ 1/ / : CD ~I Q;: --.J , I / I ~. I' >< / "<1"' ); / w :::~ / I t~ u..' _N 00 I.D r--- I °û::1.D Z I ~~~~ /, ~o I " ~ < Ò ," I >- ~:J ¿ / ò, . ~.9 CJ ~~cr~ 0'8,"0 z. I W:r: ,~ I;;;¡ -" r:; Dè: ~ ~~ ,F" ~ - '" .' ~'" '" j I gj ~ b ~ ~',; , ,~ &1 i! z "e ~ " .i : w ~w ~ ~ " .' I ~ ,,0 ~ !' z I! I . I.D ~ ~.£ 0..0' ,,¡ I ~~, ,,:); Q ;, , I '0 o~ Z " , ø ø. '" " z I -::., .....:¡ ~j I r--- (j) ~3 (f) <¡; " z co ' (,-/'/ ~ ' - . EXHIBIT "BI" - EXHIBIT THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, INTHE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50.00 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29" EAST, 89.26 FEET; THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE SOUTH 71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 126.06 FEET TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 74.23 FEET; THENCE TANGENT TO SAID CURVE SOUTH 71°47'54" WEST, 18.00 FEET; THENCE NORTH 18°12'06" WEST, 1.50 FEET TO A POINT ON THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 °47'54" EAST, 245.93 FEET TO THE POINT OF BEGINNING. ...---:-:-:--.. CONTAINS 0.23 ACRES MORE OR LESS. -~::'~~-3;(% 4-/<~ "è,;:\-~\ g~Y2--~- -'~ ~\ 1'-, ~~:;2 J "'> ,c:.;.!.liílol (:" rt- ,<- OF C¡,\. . 6-/5' - EXHIBIT "B2" EASEMENT FOR TRAFFIC CONTROL DEVICES THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITIES OF CHULA VISTA AND NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868. COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11,1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18°03'29" EAST, 27.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 18°03'29" EAST, 61.74 FEET; THENCE NORTH 69°29'04" WEST, 37.16 FEET; THENCE SOUTH 71 °47'54" WEST, 13.02 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 ° 19'0 1" A DISTANCE OF 1 26.06 FEET TO THE BEGINNING OF A REVERSING 111.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°19'01" A DISTANCE OF 74.23 FEET; THENCE SOUTH 71 °47'54" WEST, 18.00 FEET; THENCE NORTH 18 ° 12'06" WEST, 1.50 FEET; THENCE NORTH 71 °47'54" EAST, 117.09 FEET TO THE BEGINNING OF A NON-TANGENT 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°15'25" A DISTANCE OF 92.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 71 °47'54" EAST, 42.19 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.17 ACRES MORE OR LESS. ~ ~I ¡. - . I ~~ LLl /~~'~" / r., /'c' ", ~~ Z t"/. ~', <C, '. I, 'S'- ~).., \'\~; ~ ~'- cD ..:.. iJJ \: - ~ -- -- CC ID lL u'T w . 'is: FOURTH A VEJ g ~~ ~ ,gi EXHIBIT "B3" - wi a..: ~~ I¡- Jil ~, ro I Vi", / S18°03'29"E lerr V of Ç}-JULA VJST A , /}/ 'f"'--2.174" ¡ , cr(v OF NA (. err V ----! ,W À \ I ;' ~ - - , ,'"I / i ~ ,'!: 1 o>,lI'J / I [):" ~ i<C -:" ~ / / - )--!}-- ~ ¿I , ~ ¡ i ,--'CD ~I ", I ~ (Q '-.1::::;:" ,If) N ~ ~ (Q o~ zl "oi I ~ ~tD '" ~, "n, -'---,(0 "<c , ° - ,"', - '" Cc '--I I r::: J (00 U L.. ; ~!~ I (!) Ii ~ g¡ .~:} ~ ..., CI L,.l I' ,no 1 ¿ , Cé "j , I' 0> -, Z > , lc.' LL,L 1 <n i lD L)~ , - , C\¡ I' z ~ W '" - ~ OLl. 1"'0 " _1~' '" 0 òoo I' ~ )-- ¡<no',,; 1\ ,.:¡ }--')-- ¡";:::!cv W 0 'y¿').j Ci,~ / II II Ü) / : CI) ',S/...... L) / '1 II - 00: '.('0 //' I Q:: --.J / ,0, <:( '" °< I Ü) 0' z ;~1 I i~& W 0 / "'J:!!/[J U lc.'O <D I 1/ - 0 °bes~1 '11/11 - U ~nl-[L //~ Q::--.J 11....., - - [t' <0: "'-./ ...J <0: 0'> 11..'" >-~::>2 0 i":J '" ...J[t'o, r--: I, <tJ.j <:( [t'w ~ - II C) "" W I~'~ ~ I ...Ç'.Ç' a: 00: ~ ~ - z I, ! '.90 Z °t ~ '" gj Si Ö Q ,w / 0 °°e'. Z2 i~ z ...JI- " ¡ m'O. I¡ "'" o. WLL U If) 1 - ° n ~ "'"~: 00: WIO~ "I ~.-:N Z.j¡ 0 ~I- ¿ I n;::;:t. ë3 o' t. ~V II /I II Z II <J[t'...J "'" -I Þ Q OJ Z ~'i 18.00' <J:: Sa , S71°47'54"W --:¡ ~i L50,~1 If} ~ <J:: ~~ N18°12'06"W I Z ~ c -/7 - , - EXHIBIT "B4" PEDESTRIAN ACCESS EASEMENT "8" THAT PORTION OF 10 ACRE LOT 11 OF QUARTER SECTION 151 OF RANCHO DE LA NACION, IN THE CITIES OF CHULA VISTA AND NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP PREPARED BY GEORGE MORRILL IN 1868, COPIES OF WHICH WERE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS MAP NO. 166 ON MAY 11, 1869 AND OCTOBER 11, 1916, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF SAID LOT 11 AND THE WESTERLY LINE OF THE EASTERLY 50 FEET OF SAID LOT 11, SAID INTERSECTION BEING A POINT ON THE WESTERLY LINE OF FOURTH AVENUE AS DEDICATED TO PUBLIC USE, SAID FOURTH AVENUE BEING 100.00 FEET WIDE; THENCE ALONG SAID WESTERLY LINE OF FOURTH AVENUE SOUTH 18 °03'29" EAST, 89.26 FEET; THENCE NORTH 69°29'04" WEST, 29.02 FEET; THENCE NORTH 18°03'29" WEST, 71.11 FEET TO INTERSECTION WITH THE ABOVE DESCRIBED NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11; THENCE ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 130.00 FEET OF LOT 11 NORTH 71 °47'54" EAST. 22.68 FEET TO THE POINT OF BEGINNING. CONTAINS 0.04 ACRES MORE OR LESS. ~-/J EXHIBIT "BS" - ~ LLl Z « CO CD ~ CC <6'- r- ø CO I I 0 FOUFCfH J-\ VË. Q o! 0' a 0.... 0'1 IX) / "l i L.() S18°03'29"E i CITY OF CHULA VJST A 89.26' L- I clfY OF NAT,-ÇJTY /: ,,~ ¡ i / ' o'\-eJ" 3: 1 l ~o,'", "-. '" 3: . - - - 'ì.-o'\. e:: (I) "-. c:; ¡ N18°03'29"W c!} (y '" '~ìl .1" '" r- ÒJL.() CDr-- Z N7 N~ -,--,<D -cD W " ~ z ¿ D- L.., <!: I '5 W ~- « '---JD:: CI) - CD ",--11- -111: <{ .;-,~ }...~ c.. Oi> W L..,<{ -« I :2 aD:: 1- -1 CI) «::J -11l: Z:=¡; CI) '0 I W l1., \ 0 l1., 0 >-0 ! 0 t:>- I Ot: ! <{ 0 c.) I z o' >--< ~~ I Z 0:: ¡¡ ! lL.O CD ¡:.:¡ "':' I <{ O'~(yCD ¡:.:¡ §~ WO'lJ.~ Z.ii ! I 0: Zr')I-CL -~(y<{ Õ ~f ....J >- <{:::< i r- >- ....J => Z ~3 I (f) ....J (yO' - ¡:.:¡ ;:1 I (y w .U') I W WI~~ Q ;. I I 1-- I I-=>I-Z I Z %1 I 0 (y 0'0' 0' ~ §. ~ V>....J ¡::: ~ ~! I w wu...u rt) ~ 1 I ~ ¡:!:O'1X ~ g~ ! 0.... I- Z . I \ ~ I 6-/7 I i - . COUNCIL RESOLUTION NO. 18253 AGENCY RESOLUTION NO. 1493 JOINT RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,977.88 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY WHEREAS, on November 15, 1994 at a joint meeting of the city of Chula Vista City Council ("City") and the Redevelopment Agency of the City of Chula Vista ("Agency"), the City and the Agency adopted Joint Agency Resolution No. 1430 and council Resolution No. 17705 which (a) certified final environmental impact report (EIR 94-02), (b) adopted Addendum EIR 94-02A, (c) made certain findings of fact relating to the feasibility of mitigation measures and project alternatives, (d) adopted a mitigation monitoring and reporting program, and (e) adopted a statement of overriding considerations (collectively, the "EIR Resolution"), all with respect to that certain shopping center project to be located at the northern end of Fifth Avenue in Chula vista commonly referred to as the Channels ide Shopping Center project (the "Project"); and WHEREAS, immediately following the adoption of the EIR Resolution the Agency adopted Resolution No. 1431 approving the Project and the Precise Plan therefor, subject to specific terms and conditions (the "Project Approval Resolution"); and WHEREAS, on February 7, 1995, the City adopted Resolution 17804 authorizing the execution of a Subdivision and Precise Plan Improvement Agreement which required that the Project developer would be obligated to install and complete, at developer's own expense, all the public and private improvement work required by Project Approval Resolution and the proposed subdivision; and WHEREAS, as a condition to the issuance of building permits for a portion of the Project, the Project Approval Resolution requires construction of a fully aligned signalized intersection at the intersection of Fourth Avenue and Brisbane in Chula vista (the "Required Intersection Improvements") which will serve to provide a safe and sufficient access through the intersection to the adjacent shopping center properties; and WHEREAS, a portion of the Required Intersection Improvements are proposed to be installed and maintained on and about certain privately owned real property legally described in Exhibit A and diagrammatically shown in the corresponding map designated as Exhibit B (all of which are attached hereto and incorporated herein 6-.26 " Resolution No. - Page 2 by reference) (the "Required Property"); and WHEREAS, the City and Agency through the Community Development Department of the City of Chula Vista, has engaged in good faith negotiations for the voluntary acquisition of the Required Property, which efforts included the extension of an offer for the acquisition of the same at fair market value, based on an appraisal, to the current owners, Nellie Streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust, and various correspondence and efforts to contact the affected owners and interest holders in the subject property, and such good faith negotiations and attempted voluntary acquisition have been unsuccessful; and WHEREAS, in accordance with California Code of civil Procedure section 1245.235 the City properly noticed, and on April 9, 1996 properly conducted a public hearing to consider the adoption of this Resolution; and WHEREAS, at such public hearing the City and Agency have considered all of the evidence submitted including all relevant staff reports, and all evidence relating to the need for the Required Improvements and the Required Property; and WHEREAS, the City and the Agency have now received substantial and convincing evidence that (a) the public interest and necessity require the construction of the Required Intersection Improvements in order to provide safe and sufficient access through the intersection to the adjacent shopping center properties, including the Project, (b) the Required Intersection Improvements are planned and located in a manner that will be most compatible with the greatest public good and the least private injury, and (c) the acquisition of Required Property for permanent easement, street right-of-way and related purposes is necessary to install and maintain the Required Intersection Improvements; and WHEREAS, the City and Agency have received substantial and convincing evidence that the acquisition of the subject property is for a public use, to wit: the improvement of a transportation facility; and WHEREAS, the City and Agency have also received substantial and convincing evidence that the acquisition of the subject property is for a redevelopment purpose, to wit: the elimination of blight and blighting influences and the improvement of health and safety within the City of Chula Vista by providing a fully aligned signalized intersection; and WHEREAS, the city has satisfied all requirements for the adoption of a Resolution of Necessity with respect to the Required ~ ~).I - . Resolution No. - Page 3 Property in accordance with California Code of civil Procedure sections 1245,210 through 1245.270; and NOW, THEREFORE, THE CITY OF CHULA VISTA CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DO HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS: 1. Proposed Use and Description of Propertv to be Acquired. The Required Property, as more particularly described in the above recitals and on Exhibits A and B attached hereto and incorporated herein by this reference, shall be used for the construction and maintenance of the Required Intersection Improvements, namely, a roadway segment, a signalized, concentric intersection, and related appurtenances at the corner of Fourth Avenue and Brisbane in the City of Chula vista as shall be more particularly described on plans submitted to and approved by the City Engineer. The interest in the Required Property to be obtained is an easement. 2. Findinqs Related to Necessitv. A. Public Interest and Necessitv Require the Proiect. The public interest, convenience and necessity of the City of Chula vista and the Redevelopment Agency of the City of Chula Vista, and its residents, require the installation and maintenance of the Required Intersection Improvements in order to mitigate the traffic impacts generated by the Channelside Shopping Center project ("Project") and adjacent projects, and to otherwise provide for safe and proper traffic flows through the intersection. B. proiect Planned and Located for Greatest Public Good and Least Private Iniurv. The Required Intersection Improvements are planned and located to be most compatible with the greatest public good because, in accordance with City traffic studies, they maximize the necessary traffic mitigation and control where the most intense traffic flows are expected to occur. A fully aligned intersection at this location is far superior to a non-aligned intersection because of substantially improved safety and movements for both vehicular and pedestrian traffic. The Required Intersection Improvements are planned and located to be most compatible with the least private injury in that any other feasible plan or location would cause even more significant impacts on private property. As currently proposed the Required Improvements require the taking of ~ - 2 þ - . Resolution No. - Page 4 approximately 9,977.88 square feet of the Required Property. This is a relatively small portion of the overall parcel owned by Nellie streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust at this location. The parking spaces which are being eliminated from the Target store which operates on the parcel as a result of the construction of the Required Intersection Improvements are located far away from the Target store entrance. The need for the Required Intersection Improvements for health and safety purposes outweighs the relatively minor advers impact on Nellie streeter Crane, Ltd. and the Lucyle E. Borgerding Family Trust and other parties having a leasehold interest in the property. C. Propertv to be Acquired is Necessarv for the Proiect. The Required Property is necessary for the Required Intersection Improvements because it underlies ~he property over which the realigned roadway, striping and signalization equipment must be located. D. Public Use Propertv. To the extent that any portion of the Required Property includes property previously dedicated to public use, the taking by the city as to any such portion is either for a compatible public use consistent with and authorized by Code of civil Procedure Section 1240.510, or for a more necessary public use consistent with and authorized by Code of civil Procedure Section 1240.610. 3. Voluntarv Offer to Purchase the Propertv Made. An offer to purchase the necessary easement in the Required Property for an amount constituting just compensation, as determined by an appraisal, has been made to the owners of record of the Required Property in accordance with Government Code section 7267.2. 4. Authoritv to Proceed in Eminent Domain Granted. The City of Chula Vista, as the designated responsible lead agency for the Required Intersection Improvements portion of the Project, and all appropriate officers, representatives and attorneys, are hereby authorized and empowered, as provided by and in accordance with the applicable provisions of the Constitution of California, Government Code, Code of civil Procedure, the City Charter and Municipal Code related to eminent domain, to acquire the necessary easements to the Required Property by condemnation is the name of the city of Chula vista to be used for the municipal &'-23 Resolution No. - Page 5 purpose of enhancing a transportation facility, and for Health and safety purposes, as and to that end, it is authorized and directed to commence and to prosecute an action or actions in eminent domain for the purpose of acquiring easements to the Required Property. 5. Retention of Eminent Domain Counsel Authorized. The City Attorney for the city of Chula Vista, as General Counsel, and the law firm of Daley & Heft, special attorneys for city are hereby authorized to prepare and prosecute in the name of the City, such proceeding or proceedings in the proper court having jurisdiction thereof, as are necessary for such acquisition; and to prepare and file such pleadings, documents, briefs, and other instruments and to make such arguments and to take such actions as may be necessary in the opinion of said attorneys to acquire for said City the said real property. Said attorneys are specifically authorized to take whatever steps and/or procedures are available to them under the Eminent Domain Law of the State of California including but not limited to Code of civil Procedure, Title 7, Chapters 1-12, sections 1230.010-1273.050). 6. Appropriation of Necessarv Proceeds. The proceeds required to be contributed to the City by the developer of the Project pursuant to the Project Approval Resolution and related agreements are hereby appropriated for purposes of acquiring the Required Property and paying Daley & Heft in connection therewith, with any excess to be reimbursed to the developer. 7. Issues of Urqencv. Expediencv. Desirabilitv and Necessitv. The acquisition of the Required Property is urgently needed to expediently complete the Project and is manifestly desirable and essential to the declared objects of the City and Agency. The Required Intersection Improvements within the City and Agency's jurisdiction are needed in order to improve the overall safety of the roadway and to provide a fully aligned, signalized intersection at the corner of Fourth Avenue and Brisbane in Chula Vista. The City of Chula vista has urgent need for the immediate possession of such property, and the designated attorneys on behalf of the City are authorized and directed to secure an order of court authorizing the City of Chula Vista to take possession of said property at the earliest possible date. 8. CEOA Compliance. The Council and the Redevelopment Agency have previously t-,2f - . Resolution No. - Page 6 appropriate findings and adoptions required by the California Environmental Quality Act ("CEQA") in connection therewith. The Project analysis included an analysis of the environmental impacts of the construction of the Required Intersection Improvements. To the extent that the adoption of this Resolution in and of itself will not generate any significant environmental impacts, this action is exempt from CEQA in accordance with CEQA Guidelines section 15061(b) (3). 9. Independent iudqment. The city and the Agency hereby find and determine that their approval of eminent domain proceedings, adoptions of this Resolution and related findings made in connection therewith, were the product of their exercise of their independent review and judgment. Presented by Approved as to form by ChC ~ ~mS-Jh~ ./ Director of community Development N: \shared\attorney\wa1- Mart . rn 6-).5