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HomeMy WebLinkAboutRDA Packet 1995/11/07 Tuesday, November 7, 1995 4:00 p.m. (immediately following the City Council meeting) Council Chambers Public Services Building Regular Meeting of the Redevelooment Agencv of the Citv of Chula Vista 1. ROLL CALL: 2. APPROVAL OF MINUTES: CALL TO ORDER Agency Members Alevy _. Moot _. Padilla_, Rindone _. and Chair Horton _ October 17. 1995 CONSENT CALENDAR (Items 3 through 5) The staff recommendations regarding the following items listed under the Consent Colendar 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. WRITrEN COMMUNICATIONS: None. 4. Resolution 1472 5. RESOLUTION 1473 EXTENDING THE OWNER PARTICIPATION AGREEMENT WITII LAWRENCEM. ANDSTEPHENP. CUSHMAN, DATED OCTOBER 17, 1991, FOR TWO YEARS-.The Cushmans have requested a further extension of the Owner Participation Agreement due to current adverse market conditions. Staff recommends approval of the resolution. (Community Development Director) APPROVING RELOCATION CLAIM FOR $9,079.36 AND AUTHORIZING AN AGENCY BUDGET ADJUSTMENT TRANSFERRING FUNDS FROM THE PROFESSIONAL SERVICES ACCOUNT TO THE RELOCATION COSTS ACCOUNT TO COVER THE RELOCATION EXPENSE CLAIM ASSOCIATED WITII THE ACQUISITION OF THE FORMER SOUTII BAY CHEVROLET SITE LOCATED WITH1NTHE SOUTHWEST REDEVELOPMENT PROJECT AREA--Acquisition of the property at 801 included a parcel with a single family home. State Law requires the Agency to pay all eligible relocation expenses. The resolution will transfer funds from the professional services account to the appropriate account to cover this expense. Staff recommends approval of the resolution. (Community Development Director) (4/5ths Vote Required) "I declare under penalty of perjury that r am · · END OF CONSENT C~~ 'M the City of Chula Vista in the Community Development Department and that I posted this Agenda/Notice on the Bulletin Board at the Public Services Building . a~ eit,' Ha-Von DATs<'('--,'71-SIGNE /02' VC' (() Y' ''1:/ " Agenda -2, November 7, 1995 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 staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. None Submitted. 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 uddress 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 substantiol 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 cerlain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the labby 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. 6. RESOLUTION 1474 7. RESOLUTION 1475 APPROPRIATING $27,816 FROM THE LOW AND MODERATE INCOME HOUSING FUND FOR BALANCE OF PAYMENT TO SKIDMORE ENVIRONMENTAL PLANNING FOR CONTRACTUAL SERVICES RELATING TO THE VETERANS HOME PROJECT--On 5/16/95 the Council and Agency directed staff to commence CEQA review for the Veterans Home project. On 6/6/95 Council authorized an agreement with Skidmore Environmental Planning. Resolution 17913 contained an error which now needs to be corrected. Staff recommends approval of the resolution. (Community Development Director) (4/5ths Vote Reouired) AUTHORIZING THE CHAIR TO SIGN THE TENTATIVE PARCEL MAP AND FINAL PARCEL MAP FOR THE BROADWAY BUSINESS HOMESIVILLAGE PROJECT LOCATED AT 760 BROADWAY..The tentative parcel map has been submitted for processing. The property is owned by the Redevelopment Agency and the Agency's signature, as owner, is required on the tentative parcel map. If the Agency is still owner of the property when a fmal parcel map is processed, the Agency's signature will also be required on the fmal parcel map. Staff recommends approval of the resolution. (Director of Engineering) Agenda ,3, November 7, 1995 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 8. DIRECTOR'S/CITY MANAGER'S REPORHS) 9. CHAIR'SIMAYOR'S REPORHSl 10. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on November 21, 1995 at 6:00 p.m., immediately following the City Council. meeting, in the City Council Chambers. ****** COMPLIANCE WITII THE AMERICANS WITII 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. [Co, WPSl IAGENCYlAGENDASIlI'{)7,95.AGDI MINUTES OF A JOINT REGULAR MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, October 17, 1995 t1:07 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members A1evy, Moot, Padilla, Rindone, and Chair/Mayor Horton ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attomey; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: September 26,1995 and October 10, 1995 MSC (Horton/ Alevy) to approve the minutes of September 26, 1995 and October 10, 1995 as presented with Rindone ahstaining on the minutes of October 10, 1995. CONSENT CALENDAR (Items pulled: none) 3. WRITTEN COMMUNICATIONS: None. 4. RESOLUTION 18072 APPROVING FUNDS AS A LOAN FROM THE UNAPPROPRIATED BALANCE OF FUND #222, TRUNK SEWER CAPITAL RESERVE FUND TO THE REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT PROJECT RD215..To comply with a cleanup and abatement order issued by the California Regional Water Quality Control Board, bids were received for Soil Groundwater Remediation for the Corporation Yard which includes the design and implementation of a system to remediate groundwater and soil, if necessary. Staff recommends approval of the resolutions. RESOLUTION 1470 ACCEPTING BIDS AND AWARDING CONTRACT FOR SOIL AND GROUNDWATER REMEDIATION FOR THE CORPORATE YARD IN THE CITY OF CHULA VISTA, CA (RD.215) RESOLUTION 1471 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND HARGIS & ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTANT SERVICES Member Rindone stated the item contained a recommendation to adopt a resolution appropriating $111,556 from the Trunk Sewer Capital Reserve Fund which was related to a continuation of Item 15 of the Council agenda. He questioned if the item could be delayed until 11/14 when the issue would be considered by Council. Mr. Goss felt the issues described in the Council item were different in the sense that there was a need to proceed in order to make the property, which was not in a redevelopment area, developable. It was part of the overall plan in terms of being able to finance and move the corporation yard to a larger site. He fell it was more appropriate for it to be funded out the Redevelopment Agency funds. Realizing the condition of those funds, that in effect meant that it would ultimately have to come from the General Fund. Therefore, he fell it appropriate to move into a different direction of funding. Clifford Swanson, Deputy Director of Public Works/City Engineer, stated the City had a clean-up and abatement order from the California Regional Water Quality Control Board and the current date for remediation activities to be completed was 1/14/96. Chris Salomone, Director of Community Development, stated there was interest in developing the site by a very reputable team of developers. staff would be returning to the Agency with a request for an exclusive negotiating jl-/ Minutes October 17, 1995 Page 2 agreement to develop the block adjacent to the trolley center, which could include the disposition of the property to the developer. CONSENT CALENDAR OFFERED BY CHAIRIMAYOR HORTON, reading of the text was waived. Resolution 18072 amended to delete "loan from the unappropriated balance of Trunk Sewer Capital Reserve Fund" and add "of the unappropriated balance of the General Fund". Mr. Salomone stated if it was from the unappropriated balance of the General Fund it would be a loan to the Agency and the Agency would be obligated to repay it. VOTE ON CONSENT CALENDAR, AS AMENDED: approved unanimously. · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES None submitted. ORAL COMMUNICATIONS None ACTION ITEMS None submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 5. DIRECTOR'S/CITY MANAGER'S REPORT(S) . None 6. CHAIR'S/MAYOR'S REPORT(S) . None 7. AGENCY/COUNCIL MEMBER COMMENTS. None ADJOURNMENT ADJOURNMENT AT 11:15 P.M. to the Regular Redevelopment Agency Meeting on November 7, 1995 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: ~-:L REDEVELOPMENT AGENCY AGENDA STATEMENT Item t Meeting Date 11/07/95 ITEM TITLE: RESOLUTION /J!7,2.. Extending the Owner Participation Agreement with Lawrence M. and Stephen P. Cushman, dated October 17,1991, for a Period of Two Years [- S. SUBMITTED BY: Community Development DiM~ - REVIEWED BY: Executive Directo~ ~~\ (4/5ths Vote: Yes _ No..xJ BACKGROUND: The Agency entered into aVowner Participation Agreement (OPA) with Mrs. Helen Cushman on October 17, 1991 for the development of an approximately lO,acre property located at 517 Shinohara Lane. This property was later transferred to Lawrence M. and Stephen P. Cushman, and the OPA was extended by the Agency until October 17, 1993. A second extension was granted by the Agency on March 1, 1994 which extended the OPA to October 17, 1995. The Cushmans have requested a further extension of the Agreement due to current adverse market conditions (see attached letter, Exhibit 1). RECOMMENDATION: That the Agency adopt the resolution approving a two year extension to the OPA. BOARDS/COMMISSIONS RECOMMENDATION: A quorum of the Otay Valley Road Project Area Committee could not meet prior to completion of the staff report. The Otay Valley Road Project Area Committee will meet on November 6, 1995 to review the request for extension of the OPA. A verbal report of the PAC's deliberation will be given by staff at the November 7, 1995 Agency meeting. DISCUSSION: The Cushman site comprises 9.73 acres at the westerly end of Shinohara Lane (Project Map attached, Exhibit 2). This site slopes to the south and is bounded on the south and east by industrial projects; on the west by single,family residences fronting on Oleander Avenue; and on the north by a multi,family condominium project. Two industrial warehouse buildings comprising 110,000 square feet are planned for construction. This project was originally proposed as a single industrial building with loading bay facing west. City staff worked closely with the developer's architect to redesign the project in order to minimize noise and visual impacts upon neighboring residential properties. In approving the project the Agency required that two noise studies be undertaken: the first to occur when the building is 80 percent occupied, and the second to occur six months later. If necessary, the owner will be required to perform reasonable mitigation measures to protect neighboring residential properties. The grading of the site has been completed. The Cushmans have requested an extension of the OP A for two additional years in order to apply for building permits. The need for the extension is due primarily to current economic conditions which have greatly impacted the local industrialpconstruction and rental market. '7-/ Page 2, Item Meeting Date 11/07/94 tf In consideralion of the current market, staff recommends that the Agency authorize an additional two year extension to October 17,1997. At the end of that time, the project may require review by the Design Review Committee if staff determines that conditions in the area have changed. FISCAL IMPACT: The estimated value of the proposed project is $2,750,000. The project will provide $27,500 in tax increment revenue to the Agency following construction. [M:\HOME\COMMDEV\KASSMAN\REPORTS\CUSHMAN4.RA4] 7' - 2... .;,-( /,~- /. h ..'..- ,. " ' rr....-.r-~. ~ - ~ "...,.., (/,-_'r - ,'. r ~r' -r.' ~' / ~ r:r;iv1 r,.r."r~r,..-t' r..';:(";"'~ ;;..' ^- r;':r..;:t- ~r ":~r' .:-.r.....:.r=,_rr~,..f,.r . {I .or .~~"".f,' #'Y'd .-.......c..: .......J ~ - "'- ,.<;,r_. . SEOUO,. ,;; &1)lIl1l''"'" e :,{ .-/ f:::f /'11TI1'1 E ~114!Wlll . v~... J..... E::1/ -1-J.1J!j \'4 IZ!\ "~~~-~.~ "" = <<~~ J ~ ~ :~! WillW \\V E: <"\,~ I- '.-Ie ,nru-,'l ~ l...l.W..UJ ~'~ r ~1~'-01W1W n .1. ~ B;..r'} ) (." \UJ ~ ~ .\ f\\ ~ .\~ r-&~ . ~ ~ - .......,...~_... ',. ~. -J ...... .,... cq s r , 1Ul-J ~I~IR' ~il , >. ~ .I' -t r-:", -:l-= f:j 'J ,- J 11_r- 1. - r: I..LJ ..,m f J-:' ~. r --6 r ~ !: 1-4:: ~.- .J.e- f-jr<. '" . .., ~r-..L f I- 1-' 'f/lJ.J. r~ .L...L J_,..r-, - Hffl .L ~ ~ 'JT-j -/--(1 ll.J...i '-' -' '" \ L- '1~!-, ;.-.~ ~ 'i IJ L l' . -- ~"(..y ~ \ , - r- -t- r lii 1- f'p.o~T ~nvN ( L CT. i I ""1 r--'" ~ ,,. L r- r- r- - lI.I z: Jr >- c z: .q :r ~ o '" % ..J ... o ~ \ r; ; . of :l( o a: , , OTAY VALLEY ROAD ~ .~ ~ --1-:3 ]'(lOCA TOR ' . w~~ /a==F1t:E "' - , 1 ~ ( ~~ ~. WSI.H.".Ml , ~If .;~ t:tZ.. ( '-' . . This page blank. 4--1/ B WILLIAM A.51EEN & A.5.50CIATE.5 "';"i<:'t..~.,.y:.':;:";o,: _';''. :,-7':' ';',':'-, ::~':~{;1~'~_~,')!;:r~'~;~.':::::" ,~_; ;~~ -':~'>W,:"o; CONSUL'T1J'.{G C:lV I L., -ENGINEEAS,;':LANO.':s"uA'\rEYI'NG -&,~'PLANNING r. September 28, 1995 , , . , \ \".... '.. ~.P .-'~":'-:-:"'''''''''''' '~---."":".... , '\ '].3456)' \" , . /' &-9 /,;- l. "'0 \, ;'J ;. ,,> !,:i OCT 1995 '0. : ~ R:~"'f>:>"::;d (~~ '\1 ~, 0'}/ (~// / .,>1 ,. (".,<;>'l /' \"(':;>/ /; /' _..../'. -,l,:"w::1:ti , ' ,J~ 't'l' Steve Griffin Planning Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Otay Valley Industrial Park Negative Declaration IS-90-53, DRC-91-82 Dear Steve: It is our understanding that the extension of time granted for the Owner Participation Agreement expires on October 19, 1995. There has been no significant change in the project since the 1994 extension of time was approved. On behalf of our clients, Lawrence M. Cushman and Stephen P. Cushman, we hereby request a 2 year extension of time of the Owner Participation Agreement for the above reference project. The current economic conditions have resulted in our clients being unable to develop the referenced property as required by the Owner Participation Agreement. Please advise us as soon as possible if there are any problems with this request or if any new policies have been enacted to affect this request. Very truly yours, WILLIAM A. STEEN & ASSOeIATES WAS:sv William A. Steen cc: Lawrence M. Cushman Luis Hernandez Fred Kassman Doug Reid #6219-101 1-5 · 8580 LA MESA BLVD.. SUITE 102, LA MESA, CALIFORNIA 91941. (619) 460-9000 . FAX (619) 460-9005 . This page blank. i-0 10/11/9S 16/13/93 1~::51 13: 49 '6"61, II 5544 ~ 619 460 900~ WM STEEN & ASSOC 06 IaJ 002/007 Recording Requested By and When Recorded Return to: Th\\ Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chuta Vista, CA 91910 Attention: [space above for Recorder's use only) OWNER PARTlClPATION AGREEMENT BETWEEN THE CHULA VISTA. REDEVELOPMENT AGENCY and STEPHEN P. AND LAWRENCE M. CUSHMAN THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT ACENCY, a body corpotate and politic [hereinafter n:ferred to liS "AGENCY"]; and HELEN N. CUSHMAN [herc.inafter referred to as "DEVELOPER"I. WHEREAS, Ihe DEVELOPER desires to develop real property within the Ola)' Valley Road Redevelopment Project Area which is subjeet to the jurisdiction and control of the AGENCY; and, WHEREAS, the DEVELOPER has presented planS tor development to the Olay VaIley Road Project Area Committee and the Design Review Committee; and, WliEREAS, said plans for development have been recommended for approval by said Committees; and, WHEREAS, the AGENCY hereby approves the development proposals as submitted by the DEVELOPER; and, WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as is practicable. NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows: I. The foregoing recitals are incorporated into this Agreement. 2. The property to be developed is described as Assessor's PaTCcl Number 644-040-01 located at 517 Shinohara Lane, Chula Vista, attached hereto and by this reference Incorpomted herein, 4df y~ z-; 1-7 16/13/93 1~::i2 X 619 466 900' WM STF~H & ASSOC 07 ~003/007 10/11/93 13:50 "619 "., 5844 3. The DEVELOPER covenants by and for themselves, their heirs. executors. administrators and assigns, and all persons claiming under or throu~h them the following: A. That the property will be developed in accordance with. the AGENCY approved development proposal attached hereto as Exhibit A and on file with the AGENCY Secretary. as Document No, oVlOPII20, B. DEVELOPER agrees to obtain building permits within two years from the date of this Agreement and to actually develop tho propertY within onc year from the date of issuance of the building permits. In the event DEVELOPER falls to obtain such building permits within two years or fails to obtain an extension to obtain said permits, Ihe approval of DEVELOPER'S development proposals shall be void and this Agreement shill have no further force or effect. C. That in aU deeds granting or conveying an interest in the propertY. the following lang\lage shall appear: 1he grantee herein covenant.~ by Q1II1for themselYts. their heirs, t:)Ct!cutors, administrators and asS/gllS, and all persollS claiming under or through them, thtU there shall be no discrlmination. agalllSI or segregation of, any person or group of per SOIlS on account of race, color, creed, national origin or ancestry In the sule, klase. sublease, transfer, use. occupancy. tenure, or enjoyment of the premises herein conveyed, nor shaU tm: grantee himself or any persollS claiming under or through him establish or pennit any ruch prtJCtice of dircriminallon or segregalion with riference to the selection, lOCal/on, number use or occupancy of tenants. lessees, subtenant lessees, or vendees in the premises herein conveyed. The foregoing covenants shall tu1I with the land. D. That in all leases demising an interesl in all or any part of Ihe property, the following language shall appear: The lessee herein covenants by and jOr themselves, their heirs. executOrs. adminlstralors and assigns. and all persons claiming under or through him. and this lease is made and accepted upon and subject to thefollowing conditions: 1har there shall be no discrimination against or segregcuion of, any person or group ofpersollS, on account of race, color. creed. national origin, or ancestry, in rhe leasing. subleasing. transferring use. occupancy, tenure, (lr enjoyment of the premises herein leased, nor shalllhe lessee himSelf or any penons claiming UlIder or through him, establisll or permit arry such pracriees of diScrimination or segregation with riference to the selection, location. number or use, or occupancy of tenants, lessees. sublessees, subtenants, orveruJus In the premises herein leased. ---------- ~f5' fEf ~/, t i ~~ 10/11/93 10/13/93 1~:~2 13:51 ftS1B ] 5544 X 619 460 900~ WM STEEN & RSSOC 08 1ilI004/00T 4. DEVELOPER agrees that If either the AGENCY or the CITY OF CRULA V!ST A proceeds to form a Special AsscsSlIlCl1t District for the construetion or maintenance of public roads, common areas, or other public facilities which benefit the real prope.lY, subject to this agreement, the DEVELOPER hereby waiVC8 any right she may have to protest the fonnation of such Special Assessment District. Said waiver shall not preclude the DEVELOPER from protesting the amount of any assessment on such property. S. DEVELOPER agrees to accept the attached conditiOl1ll imposed by the Design Review Commi~ as described in Exhibit B. 6. DEVELOPER agrees to maintain the premises in FIRST CLASS CONDITION. . A. DUTY TO MAU'ITAlN FIRST Cf..f>,SS CONDITION. Throughout the term of this Agreement, Developer shall, at Developer's sole cost lII1d expense, maintain the Premises and all Improvements in first class condition and repair, and in accordance with all applicable laws, permits, licenses, and other govcmmentlll authorizations, rules, ordinances, orders, dccn:es, IlDd regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies, and courtS having or claiming jurisdiction and all their respective departments, bureaus. artd officials. If the owners fail to maintain the property in a armt class condition", the Redevelopment Agency of the Qty of Chula Vista or its agents shall have the right to go on the propcny and perform the necessary maintenance and the cost of said maintenance shall become a lien against the property. The Agllllcy shall have the right to enforce thi, lien either by foreclosing on the property or by forwarding the amount to be collected to the Tax Assessor who shall make it part of the tax bill. B. Developer ~hall promplly and diligently repair, restore, alter, add to, remove, and replace, as required, the Premises and all Improvements to maintain or comply as above, or to- remedy all damage to or destruction of all or any part of the Improvements. Any repair, restoration, alteration, addition, removal, maintenance, replacement and othct act of compliance under thill Paragraph [ht:reafter collectively referred to as "Restoration"] shall be completed by Developer whether or not funds are available from insurance proceeds or subtenant contributions. The Restoration shall satisfy the requirements of any sub-sublease then in effect for the Premises or Improvements with respect thereto or, if no sub-sublease is then in effect, shall be repaired or restored in the building standard shell condition existing immediately prior to the date of such damage or destruction, . C. In order to enforce all above maintenance provisions, the partics agree that the Community Development Director is empowered to make reasonable determinations liS to whether the property is in II first class condition. If he detetmines they are not, he (l) will notify the owners in writing and (2) extends a reasonable time to cure. If a cure or substantial progress to cure hllll not been made within that time, the Director is authoriud to effectuate the cure by City forces or otherwi5el, the cost of which will bc promplly reimbursed by the owners. ~ ~ ;t;f 7 tf-cr 10/13/~3 1~;~3 JO/11/93 J3'52 'a'61! 11 56U X 619 460 900~ ~M STEEN & ASSOC 09 IaI 005/007 In the event that there is a dispute over whether property is in a first class condition or over the amount of work and e:qx:nse authorized by the Directur to cure, the parties agree ihat ihe City Manager or his designee shall resolve that dispute and both parties shall be bound by his decision. In the event that the Director decides without dispute, or the City Manager decides in dispute, that the City bas to cure l\I1d the amount of cure, then owners have to reimburse the City within thirty (30) days of dt:mand. If not reimbursed, it constitutes a lien lI1ld City is authorized to record said lien with the County Rccorder. upon the premises. D. fIRST CLASS CONDmON DEFINED, 'First class condition lI1ld rqlair,' means RestoJ3tion which is nece,'lllry to lreep the Premises and Improvements In efficit:nt and attractive condition, Ilt least substandally equal in quality to the condition which exists when the condition(s) in attached Exhibit B are completed. . 7. AGENCY and DEVELOPER agree that the covenants of the DBVELOPBR. expressed herein shall run with the land for the term of thb pgrccment. DEVELOPER shall have the ri{:ht, without priur approval of AGENCY, to asllign its rights and delegate its duties under this Agreement, and shalltherc:after have no further liability hereunder. 8. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein are for the express benefit of the AGENCY and for all owners of real propeny within the boundaries of the Olay Valley Road Redevelopment Project Area as the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree that the provisions of this Agreement may be specifically enforced in any court of competent Jurisdiction by the AGENCY on its own behalf or on behalf of any owner of real property within the bOundaries of the Olay Valley Road Redevelopment Project A~ . 9, AGENCY and DEVELOPER agree that the premises shall only be used for light industrial land uses pennitled under the I-L, limited Industrial zone of the City of Chula Vista's Zoning Ordinance, or land uses permitted in I-L zones through !be conditional use process. 10. DEVELOPER or subsequent owners shall not allow activities to be conducted that create noise, light or other nuisances. Upon completion of the project, DEVELOPER will provide to the owners of residential property directly abutting the DEVELOPER'S parcel the telephone numbers of property managers and the City's Code Enforcement Officer to allow for c~mplaints to be lodged and abatement to be initiated if anyon-site noise generation activities result in a perceived nuisance. I l, The term of this Agreement shall be the same as the term of the Olay Valley Road Redevelopment Project Area which runs until December :2028, or until major redevelopment of the building takes place, whichever first occurs. Initiation of the redevelopment shall mean the preparation and submission of plans to the AGENCY for the renovation or demolition of structures and redevelopment of the site. ~--6f5 -'I /t? ~ l' -It) 10/13/93 1~=~4 10/11/93 13:54 tt61R 1 6644 X 619 460 960~ WM STEEN & ASSOC ,e III 008/007 12. AGENCY and DBVELOPER agree that the covenants of the DBVEl..OPBR expressed herein ere for the express benefit of the AGENCY and for all owneB of real property within the boundaries of the Olay Valley Road Redevc1op11lCl1t Project />rea lllI the same now exists or may be hereafter amended, AGENCY and DEVELOPER agree that the provisions of this Agreement may be specificlll1y enf01'CC:ld in any court of competent jurisdiction by the AGENCY on its own behalf or on behalf of any ownc:r of real property within the boundaries of the OtlI.y Valley Road Redevelopment project Area. 13. AGENCY and DEVELOPER agree that Ibis Agreement may be recorded by the AGENCY in the Office of the County Recorder of San Diego County, California. RBDBVELOPMBNT AGENCY OF THE CITY OF CHULA VISTA " AGENCY" Dated: ~b.4..... 10) I~r;;)- By:f/1~t0-- TIm Nader, Chairman STEPHEN P. CUSHMAN "DEVELOPER" Dared: Novembsr 11, 1992 By: s~ (~1.h..L. /Steph P. Cushnum LAWRENCE M. CUSHMAN "DBVBLOPBRu Dated: Nov..rnher 12. 199' era! Coun lC;\Wfjl IAOBNCYlCtlSID4AN3.0P,4] .' r ~ I ~ .'f - L/ -/1 This page blank. 1-/2.. RESOLUTION / t.f 7:6 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA EXTENDING THE OWNER PARTICIPATION AGREEMENT WITH LAWRENCE M. AND STEPHEN P. CUSHMAN, DATED OCTOBER 17, 1991, FOR A PERIOD OF TWO YEARS WHEREAS, the Redevelopment Agency ("Agency") entered into an Owner Participation Agreement with Lawrence M. and Stephen P. Cushman ("Owners") on October 17, 1991; and, WHEREAS, said Owner Participation Agreement required the Owners to obtain building permits within two years from the date of the Agreement, and to develop the property within one year thereafter; and, WHEREAS, the Agency approved a two year extension of the Owner Participation Agreement on March 1, 1994 to October 17, 1995; and, WHEREAS, the Owners have graded the site but have not as yet applied for building permits due to current adverse economic conditions impacting industrial development in the San Diego region; and, WHEREAS, the Owners have requested an extension to apply for building permits and start construction. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The Owner Participation Agreement with Lawrence M. and Stephen P. Cushman, dated October 17, 1991, is hereby extended to October 17, 1997 and the second sentence of Section 3.B of said Owner Participation Agreement is hereby amended as follows: "In the event the developer fails to obtain such building permits 111 October 17. 1997, or fails to obtain an extension to obtain said permits, the approval of the developer's development proposals shall be void and the Agreement shall have no further force or effect. " 2. All other sections of the Agreement not hereby amended shall remain in full force and effect. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute said Amendment on behalf of the Agency. PRESENTED BY: ~k ~ t2m~ Chris Salomone, Executive Secretary and Community Development Director APPROVED AS TO FORM BY: 1M ,IHOMEICOMMDEVIKASSMANIRESOSICUSHMAN4.RES] Bruce M. Boogaard Agency General Counsel tj-/3 This page blank. 1- /Jf REDEVELOPMENT AGENCY AGENDA STATEMENT Item 5 Meeting Date 11/07/95 ITEM TITLE: RESOLUTION /173 APPROVING RELOCATION CLAIM FOR $9,079.36 AND AUTHORIZING AN AGENCY BUDGET ADJUSTMENT TRANSFERRING FUNDS FROM THE PROFESSIONAL SERVICES ACCOUNT TO THE RELOCATION COSTS ACCOUNT TO COVER THE RELOCATION EXPENSE CLAIM ASSOCIATED WITH THE ACQUISITION OF THE FORMER SOUTH BAY CHEVROLET SITE LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA {7' SUBMITTED BY: Community Developmen:l\~ctor REVIEWED BY: City Manager ~ ~ (JI)i' \ (j~ (4/5ths Vote: Yes..x. No_l Council Referral Number: N/A BACKGROUND: Acquisition of the property at 801 Broadway (former South Bay Chevrolet site) included a parcel with a single family home occupied by Mr. Martin Burch. In order to sell the property, Mr. Burch had to be relocated to another dwelling unit. State Law requires the Agency pay all eligible relocation expenses. Pacific Relocation Consultants, the company hired to perform the relocation, has submitted an expense invoice in the amount of $9,079.36. The resolution will approve the expenses described in the claim (copy attached) and will transfer funds from the professional services account to the appropriate account to cover this expense. RECOMMENDATION: That the Redevelopment Agency adopt the resolution approving the relocation claim and transferring the funds. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: As part of the development of the Auto Park on Otay Valley Road, the Redevelopment Agency acquired the properties at 801 and 760 Broadway where South Bay Chevrolet and Fuller Ford were respectively located. The Agency is now in the process of selling the two properties. The property at 801 Broadway is being sold to Courtney Tires, who will use the property for the establishment of an Auto Service Center. One of the parcels that make up the South Bay Chevrolet property contains a small single family residence which was occupied on a rental basis by Mr. Martin Burch. Prior to the disposition of the property, the tenant must be satisfactorily relocated and all eligible relocation expenses paid in accordance with State Law. Pacific Relocation Consultants, under contract with the Agency, has implemented the relocation by relocating Mr. Burch to an apartment in National City. The consultant has submitted the final invoice in the amount of $9, 079.36. The invoice includes eligible expenses including claims for rental assistance and actual moving costs. The S-I Page 2, Item 5 Meeting Date 11/07/95 amount of rental assistance for Mr. Burch is $7,479.36. This represents rental subsidy payment for forty-eight months as required by State Law. The monthly payment of $155.1 B represents the rent difference between the rent he was paying at the original address and his ability to pay rent based on his current income. The $1,600 in moving expenses represents a flat fee for moving expenses, again required by State Law, based on the number of "rooms" in the previous property. When the Capital Improvement Project (RD-133) for the acquisition of the South Bay Chevrolet properties was set up in 1992, no relocation expenses were contemplated. At that time, staff was unaware that the South Bay Chevrolet property included a residential use. It was staff's erroneous understanding that the property was entirely a commercial use. Consequently, the single family residence was not considered to be part of the transaction until negotiations started, after the CIP had been prepared without considering relocation of tenants. Consequently, no funds were set aside specifically for relocation. The remaining funds in this account are needed for demolition of structures on the former Fuller Ford site and soil testing on the former South Bay Chevrolet site. Sufficient funds are available in the Professional Services Account that can be used to pay for Mr. Burches' relocation. These funds, however, have to be transferred to the Relocation Costs account. This requires a budget adjustment which must be authorized by the Agency through a resolution. FISCAL IMPACT: The Professional Services account currently has $34,440. The amount recommended to be transferred to the Relocation Costs account is $9,079.36. This transfer will leave $25,360.64 in the first account. Currently, there are no encumbrances or anticipated professional services expenses to be covered by this account in the near future. Attachment: Copy of relocation claim. [FllE,\DI$KX\A:1621BROAD.RPTl 0- :L Claim for Rental or Downpayment Assistance Payment FOR AGENCY USE ONLY Name of Agency Project Name or Number n PRIVACY ACT NOTICE: You are asked to provide this infomlation In order to determine whether you are eligible to receive a rental or downpayment assistance payment. You are not required by law to furnish this Information. but tf you do not provide it, you may not receive this payment or it may take longer to pay you. This Information is being collected under the authority of the California Relocation Assistance Act (Government Code Section 7260, et.seq.). INSTRUCTIONS: This claim form is for the use of families and Individuals applying for a rental or downpayment assistance payment. A representative of the displacing Agency wlll help you complete the form and inform you of the information that you must provide in support of this claim. If the full amount of your claim is not approved, the Agency will provide you with a written explanation of the reason. If you are not satisfied with the Agency's determination, you may appeal that determination. The Agency will explain how to make an appeal. 1. Your Name(s) (You are the Claimant(s)) la. Present Mailing Address(es) of Claimant(s) 1 b. Telephone Number(s) Martin M. Burch 821 Broadway ( 619) 427--u186 Chula Vista, CA 91912 2. Have all members of the household moved to the same dwelling? ~ YES NO (If "NO", list the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Address ~en Did You Rent This Unit? When Did You Move To This Unit? When Did You Move Out of This Unit? 3. Unit That You Moved From 821 Broadway Chula Vista, CA 91912 12/10/77 03/01/95 4. Unit That 2630 E. 8th Avenue, t B-2 You Moved To National Ci 5. Computation of: X Rental Assistance Payment, Downpayment Assistance Payment INSTRUCTlo.NS: Complete Items 1,2 and 13 on the reverse side of the form before TO. BE Co.MPLETED BY CLAIMANT completing thiS section. The displacing agency representative will help you. (1) Monthly Housing Cost for Replacement Dwelling Unit to which you moved (From line (3), Column (c), Item 12) (2) Monthly Housing Cost for Comparable Replacement Dwelling (From Line (3). Column(e). Item 12. To be provided by Agency.) (3) The lesser of Line (1) or Line (2) (If Claim is for Downpayment ASsistance, enter amount from Line (2).) (4) Monthly Housing Cost for Dwelling Unit from which you were displaced (From line (3), Column (a). Item 12) 02/10/95 03/01/95 (10) Amount of Advance Payment, if any FOR AGENCY USE $ 449.00 $ $ $ $ $ (5) Claimant's Ability-To-Pay (From Line (3), Column (a), Item 13) (6) Enter the Lesser of line (4) or (5) (7) Monthly Need (Line (3) minus Line (6)) (8) Amount from Line (7) Multiplied by 48 (9) Amount of Rental or Downpayment Assistance Claimed (r..t". .""......"l...,. Li"... (S) , . 2 3. 8 155.82 $ 7 479.36 $ 7 479.36 $ - 0- $ 7 479.36 $ $ $ $ $ $ (11) Amount Requested (Line (9) minus Line (10)) 6. Certification by Clalmant(s) I CERTIFY that this claim anc:IlUpporUng Information are true and complete, that I have not submitted any other cIalm for the expenses listed and that I have not been paid for the expenses by any other source. I ask that I be paid the amount on Una (11) of Item (5) In: -X.... one lump-sum _ Installments (as apecffied In tha Remarks Sactlon). My _slon to rant or buy a _ling was baaed on a full axplanation by tha displacing agancy raprasantatlva of tha dltlerenca belwaan tha types of payments ava/_ (Rental Aaalstanca or OOwnpaymant Aaalstanca). Signature(s) 01 aimant(s) , $ Date X TO 7. E e Date of Eligibility For Relocation Assistallcl& 9. Payment To Be Made In: X Lump Sum X 1 ~ ~ ~ fj../ 8. Dale Replacement Dwelling Inspected and Found Decent, Safe and Sanitary 02 14 95 Mol1ll1ly l!lslllllments _ Other (Specify In Remarks Section) Payment Aclton Name (Type or Print) oole llaIIl 10. R_mended t1.ApptQved Pacific Relocation Consultants PRC:Oll9O ~iiJg':' 1 nf? 5-.3 12. DETERMINATION OF CLAIMANTS MONTHLY HOUSING COST (MHC) MONTHLY INSTRUCTIONS: The tenn 'Monthly Housing Cost" Meena MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the average monthly cost for rent and utility charges. FOR DWEWNG FROM FOR REPLACEMENT COST FOR Utility charges Include reaSonable costs to provide heat, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE hot water, lighting, water and sewer, and trash removal. DISPLACED YOU MOVED REPLACEMENT A person's monthly housing cost for a replacement dwelling DWEWNG shall Include one-twelfth of the estimated reasonable FOR AGENCY FOR AGENCY TO BE PROvIDe! yeer1y coet lor utility charges. CLAIMANT USE ONLY CLAIMANT USE ONLY BY AGENCY (8) (b) (c) (el) (8) (1) Contract Rent $ 315.00 $ $ 412.00 $ $ 700.00 , (2) Average Monthly Utilities Not Included in Contract Rent. (List each item below (e.g. gas, electricity, oil, water) and list amounts in columns (a) and (e)) 75.00 37.00 75.00 (3) Total Monthly Housing Cost $ $ $ $ $ (Sum of Line (1) plus all entries in line (2)) 390.00 44Q.00 775.no 13. DETERMINATION OF CLAIMANTS ABIUTY-TD-PAY (1) Gross Montly Income of All Adult Members (18 years or older) of Household FOR AGENCY (List names below and list amounts in Column (a)) CLAIMANT USE ONLY (a) (b) Martin M. Burch 1,172.70 (2) Total Gross Monthly Income (Sum of entries in line (1)) $ $ 1,172.70 (3) Claimant's Ability-To.Pay Monthly Housing Cost (Amount on line (2) x 25% (0.25)) $ 293.18 $ 14. COMPARABLE REPLACEMENT DWEWNG 585 Flower ChuIa Vista, CA 91912 $ 700.00 + Gas ell: Electric 3 BIR, 1 Bath 15. REMARKS Pacific Relocation Consultants PRC:Oll9O -P.go? ^. 2- ..s - ~ Claim for Moving and Related Expenses Families and Individuals (State) FOR AGENCY USE ONlY Name of Agency PrbjeCtNameor Number Case Number Chula Vista, Redevelopment A General 00821--{JOl PRIVACY ACT NOTICE: You are asked to provide this information in order to determine whether you are eligible to receive a rental or downpaymenl assistance payment. You are not required by law to fumish this information, but if you do not provide it, you may not receive this payment or it may lake longer to pay you. This information is being collected under the authority of the California Relocation Assistance Act (Government Code Section 7260, at. seq.) INSTRUCTIONS: This claim form is for the use of families and individuals applying for a payment of moving and related expenses. You may apply for either (1) a fixed allowance, or (2) an amount 10 cover the actual moving and related expenses incurred, as described on page 2 of this form, A claim for actual expenses must be supported by receipts or other evidence. A representative of the displacing Agency will explain the difference between the two types of payments and will help you complete the form. II the full amount of your claim is not approved, the Agency will provide you with a written explanation of the reason. If you are not satisfied with the Agency's determination, you may appeal that determination, The Agency will explain how to make an appeal. 1. Your Name(s) (You are the Claimant(s)) 1a. Present Mailing Address(es) of Claimant{s) 1b. Telephone Number(s) 2630 East 8th Avenue, 'B-2 National Cit CA 91950 2. Have all members of the household moved to the same dwelling? ~ YES NO (If "NO', list the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Add..... How Many Rooms Did You Occupy? . Martin M. Burch (619) 267-0931 Was It Furnished WIth Your Own Furniture? When Did You Move To This Unit? You Moved From 821 Broadway Chula Vista, CA 91912 .x YES NO 3, Unit That 8 12/10/77 4. Unit That 2630 East 8th A venue . Excluding bathrooms. hallways and closets. You Moved To National City, CA 91950 5. Is This a Final Claim: X YES NO (If "NO", Explain in Remarks Section) 6. Computation of Payment (Complete Item 6a or 60) 4/5/95 Item 60. ActueJ MovIng FOR AGENCY USE Expenses ONLY $ $ $ $ $ $ $ $ $ $ $ 1 600.00 $ $ $ 0 $ $ (1) Moving Cost (2) Transportation Cost. Families and Individuals (3) Cost of Insurance Covering Move and/or Storage (4) Storage Cost (Complete Item 10 on page 2) (5) Other (Explain in Remarks Section) (6) Total Amount of Claim (Consult Agency for amount of fixed allowance) (7) Amount Previously Paid (If any) (8) Amount Requested (Une (6) minus Une (7)) 7. CertIfIcation by Clalrnant(s) WARNING: If you knowingly or dallberately rnaka faIee IlatemenIs on this Iomt, you may be IUbject 10 civil or Cltmlnal penalties under SectIon 1001 of TItle 18 of the United States COOe. In addition you may not race"'" erry olthe emounta cIalmeel on this Iomt. I CERTIFY that this cIalm and supporting Infonnatlon are true and complete, that I have not IUbmltted any ofhar claim for the _listed and that I have not bean paid for the expenses by any ofhar source. I esk that the emount on Uno (8) olltem (8) be paid dlraclly 10: ....x..... ME. or _ THE CONTRACTOR(S) (es epecIfIed In the Remartao SectIon). My choice of fixed payme In 6a or ectuaI moving expenses In 60 wes based on the explanation by the a_ raprasentatlve of the dlfferance between 1hees types of payments. Signature(s) of Claim$flt(s) Date --" $ 1 600.00 $ $ L/ n / V . ~- X / - A 2:>/~/j 4/28/95 Pacific Relocation Consultants PfIC:09I92 ~Qg91 af2 ..5-..5 1 Q. Supporting Data for Storage Costs (Deecr1be Property stored in Remer1<s Section or ettach list). Is This a Final Claim For Storage?: Date Moved to Storage YES NO Date Moved From Storage Item Computation of Storage Costs Amount Name and Address of Storage Company Monthly Rate for Storage Number of Months in Storage Should Payment be Made Directly to Storage Company?: REMARKS (Attach additional sheets. n nOCOS8Ory): Total Storage Costs (Enter on Line (4) of item 6b) Amount Previously Received (Include This Amount in Line (7) of Item 6b) NO . YES \. MOVING AND RELATED EXPENSES WHICH ARE PAID FOR: MOVING AND RELATED EXPENSES WHICH ARE NOT PAID FOR: 1. Transportation of individuals, families and personal property from the displacement site to the replacement site. Transportation costs for 8 distance beyond 50 miles are not eligible, unless the Agency detennines that relocation beyond 50 miles is justified. 1. Cost of moving any building or other real property in which the displaced person reserved ownership. 2. Packing, crating, uncrating and unpacking of personal property. 2. Interest on a loan to cover moving expenses. 3. Necessary charges for the removal and hookup of appliances, equipment and other items. not acquired as real property. 3. Personal injury. 4. Storage of the personal property, as detennined necessary by the Agency. 4. AJ1y legal fee or other cost for preparing the claim for moving and related expenses or for representing the claimant before the Agency. 5. Insurance of the personal property in connection with the move and necessary storage. Pacific Relocation Consultants PRe""" ~P~iQ :J sf :J 5-6 RESOLUTION / -i 7.3 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING RELOCATION CLAIM FOR $9,079.36 AND AUTHORIZING AN AGENCY BUDGET ADJUSTMENT TRANSFERRING FUNDS FROM THE PROFESSIONAL SERVICES ACCOUNT TO THE RELOCATION COSTS ACCOUNT TO COVER THE RELOCATION EXPENSE CLAIM ASSOCIATED WITH THE ACQUISITION OF THE FORMER SOUTH BAY CHEVROLET SITE LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, acquisition of the property at 801 Broadway included a parcel with a single family house occupied by Mr. Martin Burch; and WHEREAS, State Law requires the Redevelopment Agency satisfactorily relocate and pay for all eligible relocation expenses for the tenant; and WHEREAS, said relocation has been satisfactorily done by Pacific Relocation Consultants under contract with the Agency; and WHEREAS, Consultant has submitted a final invoice for $9,079.36; and WHEREAS, no funds were allocated for relocation expenses as part Capital Improvement Project; and WHEREAS, sufficient funds are available Professional Services Account number 985. 9850.5201; and WHEREAS, funds must be transferred from this account to Relocation Costs account number 985-9850-5520; and WHEREAS, the Redevelopment Agency must authorize this budget adjustment. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby approve the relocation expense claim for the amount of $9,079.36 and authorize transfer of $9,079.36 from account number 985-9850.5201 to account number 985.9850. 5520 to pay for relocation expenses for Mr. Martin Burch associated with the acquisition of the South Bay Chevrolet Site. PRESENTED BY: APPROVED AS TO FORM BY: ~~~/ Chris Salomone Community Development Director Bruce M. Boogaard Agency Counsel [FILE'IMZTDlSK XIA:\621BROAD.RESI IB8IC,\WPS 1\AGENCYIRESOSI621 BROAD.RES] S-7 This page blank. ~.f REDEVELOPMENT AGENCY AGENDA STATEMENT Item 0 Meeting Date 11/07/95 ITEM TITLE: RESOLUTION /17'1 APPROPRIATING $27,816 FROM THE LOW AND MODERATE INCOME HOUSING FUND FOR BALANCE OF PAYMENT TO SKIDMORE ENVIRONMENTAL PLANNING FOR CONTRACTUAL SERVICES RELATING TO THE VETERANS HOME PROJECT SUBMITTED BY: Community Developmen~\tor C :S. REVIEWED BY: City Manager ,Yl ~~ u .---. (4/5ths Vote: Yes L No ~ BACKGROUND: Implementation of the Veterans Home at the proposed location north of the Sharp Hospital site requires environmental review and documentation pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). On May 16, 1995, the Council and Redevelopment Agency approved Resolution 17898 and Resolution 1453, directing staff to commence CEQA review for the Veterans Home project. On June 6, 1995 Council approved Resolution 17913 authorizing execution of a two party agreement between the City of Chula Vista and Skidmore Environmental Planning related to environmental consulting services for the proposed Veterans Home in the amount of $51,610. An error occurred in the funding action for that contract which now needs to be corrected. RECOMMENDATION: That the Redevelopment Agency adopt the resolution appropriating $27,816 from the unappropriated balance in the Low and Moderate Income Housing Fund and transfer into the Low and Moderate Housing Professional Services account (993.9930,5201) for contractual obligations to Skidmore Environmental Planning. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In June 1995, Council approved Resolution 17913 authorizing execution of a two party agreement between the City of Chula Vista and Skidmore Environmental Planning related to environmental consulting services for the proposed Veterans Home in the amount of $51,610. Funds in the amount of $24,000 were budgeted in the 1995,96 Low and Moderate Housing Professional Services account (993-9930-5201), of which $23,794 was encumbered, leaving a balance due of $27,816. In June 1995 when the contract with Skidmore Environmental Planning was approved, funds should have been appropriated from the unappropriated balance in the Low and Moderate Income Housing Fund. Instead, funds were erroneously appropriated from the Low and Moderate Housing Professional Services account (993-9930.5201) which did not have adequate funding for the contract. Staff is requesting appropriation in the amount of $27,816 so as to pay the balance of the contractual obligation to Skidmore. 0-/ Page 2, Item (;, Meeting Date 11/07/95 FISCAL IMPACT: Fees for professional services authorized by the resolution total $27,816 to be appropriated from the unappropriated balance in the Low and Moderate Income Housing Fund and transferred into the Low and Moderate Housing Professional Services account (993.9930,5201). The current balance in the Low and Moderate Income Housing fund is approximately $1,150,000 and the requested appropriation will not have an impact on other projects. [A: \VETERANS. 1 13] ~-,.6 RESOLUTION RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $27,816 FROM THE LOW AND MODERATE INCOME HOUSING FUND FOR PAYMENT TO SKIDMORE ENVIRONMENTAL PLANNING FOR CONTRACTUAL SERVICES RELA TING TO THE VETERANS HOME PROJECT WHEREAS, acquisition of property for the purposes of ultimately constructing the proposed Veterans Home project is an action defined as a "project" according to section 15378 of the California Environmental Quality Act (CEQA) Guidelines and therefore, requires environmental review; and, WHEREAS, Federal funding of the project necessitates compliance with the National Environmental Policy Act (NEPA); and, WHEREAS, Skidmore Environmental Planning (consultant) was selected, in accordance with all applicable provisions of the Chula Vista Municipal Code and Environmental Review Procedures to perform said studies; and, WHEREAS, on June 6, 1995 Council approved authorizing execution of a two party agreement between the City of Chula Vista and Skidmore Environmental Planning related to environmental consulting services for the proposed Veterans Home project. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve as follows: 1. Appropriate funds in the amount of $27,816 from the Low and Moderate Income Housing Fund and transfer said funds into the Low and Moderate Housing Professional Services account (993.9930.5201). Chris Salomone, Executive Secretary and Community Development Director / ' t AJPR0VED AS~.TO rRM BY: / f- ~.~ If, I Bruce M. Boogaard Agency General Couns~. PRESENTED BY: ~,~ 0--3 This page blank. ~-'f REDEVELOPMENT AGENCY AGENDA STATEMENT Item 7 Meeting Date 11/7/95 ITEM TITLE: Resolution / tf 75 Authorizing the Chair to Sign the Tentative Parcel Map and Final Parcel Map for the Broadway Business Home/ Village Project Located at 760 ~~oayway SUBMITTED BY: Director of Public Work~j" tfVV IS' Director of Community E;veITI~nt G' REVIEWED BY: Executive Directo~ ~ tf}:!.!} (4/5ths Vote: Yes_NolO A tentative parcel map for development of Broadway Business/Home Village located at 760 Broadway has been submitted to the City for processing. Because the property proposed for development is under ownership of the City of Chula Vista Redevelopment Agency (Agency), the Agency's signature as owner is required on the tentative parcel map. If the tentative parcel map is approved and the property is still under Agency ownership when a final parcel map is processed, the Agency's signature will also be required on the final parcel map. RECOMMENDATION: That the Agency adopt the resolution authorizing the Agency Chair to sign the tentative parcel map and final parcel map. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Engineering Staff has received a tentative parcel map for subdivision of the property at 760 Broadway (Broadway Business HomeNillage). The proposed project will create 36 mixed use commercial/residential lots and six open space lots. The developer, Citron Realty Management Corporation, has received approval for a conditional use permit and a change in zoning. The project has also been reviewed and approved by the City's Design Review Committee. The property is subject to the parcel map process to create the required lots for the proposed development. The developer has submitted a tentative and final parcel map for this project and is expected to eventually purchase the property from the Agency. However, this transaction is expected to take place after the tentative parcel map process is completed. The City of Chula Vista Subdivision Manual, which was adopted by Council, requires signatures of both the owner and developer on tentative parcel maps. Consequently, the Agency is required to sign the tentative parcel map. 1-/ Page 2, Item..L Meeting Date 11/7/95 If the tentative parcel map is approved and the property is still under Agency ownership at recordation of the final parcel map, the State Map Act requires that the signature of the Agency as owner also be on the final parcel map. The item now before the Agency will authorize the Agency chair to sign the proposed tentative parcel map and the final parcel map on behalf of the Agency. A plat is available for Agency viewing (Exhibit A). FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Exhibit A - Plat, Broadway Business Home Milage LMC File: 0600,50,EP180 M:IHOMElENGINEERIAGENDAIEP180TPM.LMC 7-2> Exhibit A BROADWAY BUSINESS HOMENILLAGE 760 BROADWAY I .. . .. '.'.. 1!8- ... ~. .. . '(fTfl '" - .... ,l 3' I I , : 3~"" 32 33 34 35 35 I I 29 I' . '4' i - 2.8 I ....... I , ~, , , I '-' ...... , 26 37 1 II r t "- II 25 I , I 24 22 21 20 19 I , I I I 2~ I , >- , I ~ 39 I ALLEY ISL - I I a 14'. i <{ 0 I 0:: I 13 15 15 i7 18 CD i I I I I 12 I . u.. r j I. I II I ... 10 . . I ' .. ml .... - . 9 I r - a : N 1 7 )/'" 5 4 3 2 II I - Ei I \ 1 ,'\ ' ! . 40~ : ALLey IAI NTS 41 i I I 01000-50- .- . I ~,..~~4"- .'.. . I FILE NO.EP/BO OWN BY: L Me BROADWAY BUSINESS HOMENILLAGE DATE: /0/20/95 760 BROADWAY 7-3 This page blank. 7-1 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE CHAIR TO SIGN THE TENTATIVE PARCEL MAP AND FINAL PARCEL MAP FOR THE BROADWAY BUSINESS HOME/VILLAGE PROJECT LOCATED AT 760 BROADWAY WHEREAS, a tentati ve parcel map for development of Broadway Business/Home Village located at 760 Broadway has been submitted to the City for processing; and WHEREAS, because the property proposed for development is under ownership of the City of Chula vista Redevelopment Agency (Agency), the Agency's signature as owner is required on the tentative parcel map; and WHEREAS, if the tentative parcel map is approved and the property is still under Agency ownership when a final parcel map is processed, the Agency's signature will also be required on the final parcel map. NOW, THEREFORE, BE IT RESOLVED, sUbject to City approval thereof, the Redevelopment Agency of the City of Chula vista does hereby authorize the Chair to sign the Tentative Parcel Map and Final Parcel Map for the Broadway Business Home/Village Project located at 760 Broadway. Presented by Approved as to form by ~~ ~ Chris salomone, Director of Community Development C:\rs\broadway.tpN 7 --5 This page blank. 7-~