HomeMy WebLinkAboutRDA Packet 1994/07/19
Tuesday, July 19, 1994 Council Chambers
6:00 p.m. Public Services Building
(immediately following the City Council meeting)
Joint Rel!1liar Meeting of the Redevelooment Agencv/
Citv Council of the Citv of Chula Vista
CALL TO ORDER
1. ROLL CALL: Members/Council Members Fox -, Horton -' Moore -,
Rindone -, and Chairman Nader -'
2. APPROVAL OF MINUTES: July 12,1994
CONSENT CALENDAR
(Items 3 through 6)
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 Member, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the 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 COMMUNICA nONS: None submitted.
4. AGENCY
RESOLUTION 1412 APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT
WITH JOELEN ENTERPRISES FOR DEVELOPMENT OF AGENCY
PROPERTY LOCATED AT 760 BROADWAY--As part of the Auto Park
project the Agency acquired the Fuller Ford and Southbay Chevrolet dealership
sites on Broadway. Joelen Enterprises propose to develop the portion of the
Fuller Ford site on the west side of Broadway with approximately 38 business
homes. Staff desires to enter into a Semi-Exclusive Negotiation Agreement with
Joelen Enterprises for six months in order to work out details of this uuique
project which is a departure from typical strip commercial development along
Broadway. Staff recommends approval of the resolution. (Community
Development Director)
5.A. AGENCY
RESOLUTION 1413 APPROVING FINAL RENTAL ASSISTANCE AND LAST RESORT
HOUSING PAYMENTS IN THE AMOUNT OF $27,869.52 PURSUANT
TO THE ADOPTED RELOCATION PLAN FOR THREE RENTAL UNIT
HOUSEHOLDS FORMERLY RESIDING AT 459 F STREET WITHIN
THE TOWN CENTRE n REDEVELOPMENT PROJECT AREA--The City
of Chula Vista and the Redevelopment Agency purchased the property at 459 F
Street as part of the adopted Chula Vista Master Plan Expansion Project. The
California Relocation Assistance Act mandates the payment of relocation benefits
Agenda -2- July 19, 1994
to persons and businesses displaced by actions taken by a public entity. The
Council and Agency are requested to approve final Rental Assistance and Last
Resort Housing payments for three of the remaining four households. Staff
recommends approval of the resolutions. (Commuuity Development Director)
[and]
B. COUNCIL
RESOLUTION 17567 AUTHORIZING THE EXPEND1TIJRE OF $27,869.52 FROM THE CIVIC
CENTER EXPANSION PROJECT (#GG-130) CIP FOR THE PAYMENT
OF FINAL RENTAL ASSISTANCE AND LAST RESORT HOUSING
PAYMENTS TO THREE RENTAL UNIT HOUSEHOLDS FORMERLY
RESIDING AT 459 F STREET
6. AGENCY
RESOLUTION 1415 GRANTING A FOUR FOOT BY NINE FOOT EASEMENT ON
ASSESSOR PARCEL NUMBER 568-152-29 OWNED BY THE
REDEVELOPMENT AGENCY TO SAN DIEGO GAS & ELECTRIC
COMPANY FOR ACCESS TO ITS EQUIPMENT ON THE NORTH SIDE
OF THE BUILDING AT 311 F STREET--The remodelling and expansion of
the IDM Building at 311 F Street requires the location of electrical equipment
at the northeast comer of the building. The equipment, located in a small room
recessed into the building, can ouly be accessed from the Redevelopment
Agency public parking lot on Landis Avenue. San Diego Gas & Electric is
requesting an access easement from the parking lot to the equipment room.
Staff recommends approval of the resolution. (Commuuity Development
Director)
. . END OF CONSENT CALENDAR' .
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.
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.
Agenda -3- July 19, 1994
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.
7. AGENCY
RESOLUTION 1411 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR FY 1994-
95 AND APPROPRIATING FUNDS THEREFOR--The FY 1994-95
Redevelopment Agency Budget was reviewed as part of the City budget approval
process. As the Redevelopment Agency is a separate legal entity, it is necessary
to approve the budget separately as required by California Commuuity
Redevelopment Law. Staff recommends continuation of this item to the
meetin!! of 8/2/94. (AthuiuistrationiCommuuity Development Director)
Continued from the 7/12/94 meeting
8. AGENCY/COUNCIL
REPORT STATUS OF MIDBAYFRONT NEGOTIATIONS--On 4/5/94 the status of
negotiations with Midbayfront developer, William Barkett, was discussed and
staff was directed to report back in 60 days as to whether substantial progress
had been made towards completion of a Development Agreement (DA). Staff
has made substantial progress including the development of a Pre-Construction
Phasing Plan and Draft DA including resolution of all but several negotiating
issues which are outlined in the report. Staff recommends acceptance of the
report and direction by the Agency to continue negotiations with the developer
for completion of a Development Agency. (Commuuity Development Director)
Continued from the meeting of 7//2/94
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
9. DIRECTOR/CITY MANAGER'S REPORTIS)
10. CHAIRMANIMAYOR'S REPORTIS)
11. MEMBER/COUNCIL MEMBERS' COMMENTS
Agenda -4- July 19, 1994
ADJOURNMENT
The meetiug will adjourn to the Regular Redevelopment Agency Meeting on August 2, 1994 at 4:00 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 reqnest 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 specificinformationat (619) 691-5047 or Telecommuuications Devices
for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing
impaired.
[C:I WP51 IAGENCYIAGENDASIO7-19-94.AGD]
MINUTES OF AN ADJOURNED SPECIAL MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
Tuesday, July 12, 1994 Council Chambers
9:32 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Members Fox, Horton, Moore, Rindone, and Chairman Nader
ALSO PRESENT: John D. Goss, Director; Ruth Fritsch, Assistant City Attorney; and Beverly A.
Authelet, City Clerk
2. APPROVAL OF MINUTES: June 7, 1994; June 7, 1994; and June 21, 1994
MSUC (Rindone/Moore) to approve the minutes of June 7, 1994; June 7, 1994; and June 21, 1994 as
presented. Approved unanimously with Chainnan Nader abstaining on the minutes of June 21, 1994.
BUSINESS
3. RESOLUTION 1411 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR
FY 1994-95 AND APPROPRIATING FUNDS THEREFOR--The FY 1994-95 Redevelopment Agency Budget
was reviewed as part of the City budget approval process. As the Redevelopment Agency is a separate legal entity,
it is necessary to approve the budget separately as required by California Community Redevelopment Law. Staff
recommends continuation of this item to the 7/19/94 meeting. (Administration/Community Development)
Continued from the meeting of 6/21/94.
MSUC (Nader/Rindone) to continue the item to the meeting of 7/19/94.
Member Rindone noted the Bayfront and 1994/95 RDA budget were scheduled for the meeting of 7/19/94 and felt
it could make for au exceptionally long meeting. Since the Bayfront had been continued several times, he suggested
the budget be on the 7/19/94 agenda with the Bayfront on a subsequent agenda.
Member Moore stated if the Council agenda was extremely light the Agency could deal with both issues.
Chairman Nader stated the budget should be agendized for the 7/19/94 agenda and the Bayfront would be left to
staff's discretion as to whether it would be agendized for a different meeting.
ORAL COMMUNICATIONS
None
OTHER BUSINESS
4. DIRECTOR'S REPORTCS) - None
~-/
Minutes
July 12, 1994
Page 2
5. CHAIRMAN'S REPORT IS) - None
6. MEMBERS' COMMENTS - None
ADJOURNMENT
ADJOURNMENT AT 9:35 P.M. to the Regular Redevelopment Agency Meeting on July 19, 1994 at 6:00 p.m.,
immediately following the City Council meeting, in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
\'
by: 'ill\t
,,¿-¿
AGENCY AGENDA STATEMENT
Item ~
Meeting Date 07/19/94
ITEM TITLE: RESOLUTION / 1; ~Approving a Semi-Exclusive Negotiating
Agreement with Joelen Enterprises for Developmenl of Agency Property
Located at 760 Broadway
SUBMITTED BY: Community Development Director C -ç .
REVIEWED BY: Executive Directo~ (4/the Vote: Yes- No...x..)
BACKGROUND: The Agency acquire the Fuller Ford and Southbay Chevrolet dealership
sites on Broadway as part of the Auto Park Project. Joelen Enterprises (Josef and Lenore
Citron) have proposed to develop the portion of the Fuller Ford site on the west side of
Broadway with approximately 38 Business Homes. Because of the unique nature of this
project and its departure from typical strip commercial development along Broadway, staff
recommends a Semi Exclusive Negotiation Agreement with Joelen Enterprises for six months
in order to work out project details and terms of a Development agreement.
RECOMMENDATION: That the Agency adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: The Southwest Redevelopment Project
Area Committee will review the project during the exclusive negotiation period when site
planning details are more refined.
DISCUSSION:
The Fuller Ford site is divided into two sections; 2.53 acres on the west side of Broadway
(760 Broadway) and .9 acres on the east side. Joelen Enterprises is proposing to develop the
larger parcel only al this time. They have requested exclusive negotiating status in order to
further develop their plans and secure financing for the project (letter attached as Exhibit C).
The proposal entails the development of approximately 38 Business Homes on the site. The
Business Home concept is intended to combine the owner's home and place of business into
one structure. This concept has roots in the medieval city and is still popular in the older
cities in the eastern United States and Europe.
As proposed for the Broadway site, the Business Home will be for the small businessperson.
The structure will include a shop/store/office or professional service on the ground floor. The
shop/store/office will open at ground level to the street for business, with space and access in
the rear for stock/storage/etc. and will include a bathroom.
The second floor will be accessible from the street as well as the shop. The Home portion of
the structure will house living/dining room, kitchen, bathrooms and two to four bedrooms.
These units will be two to three stories in height over the store, which will provide staggered
roof lines.
This project is not a condo development. It will be designed to attract owner-occupanls and
discourage speculators who would rent out either residence, the store, or both. It is also not
1-/
-...- -
Item ~
Meeting Date 1-1 q:.q f
Page 2
a strip-store development. The site is large enough to accommodate enough units to create a
unique "neighborhood" that will be an extension of residential development to the west and
break up the continuous strip-commercial development along Broadway. The units will be
sited around landscaped courtyards and parking to create an intimate "village" setting. They
will be designed to sell in the same price range as neighboring homes.
Several local banks and the SBA have expressed interest in financing the project. There also
seems to be a great amount of interest in the real estate community concerning the
marketability of the Business Home concept. Although this concept is new to this area and
untested on the scale of the proposal, initial market research by the developers has been very
positive.
The Citrons have extensive experience and success as developers in Los Angeles, Orange
County and San Diego. Their most recent local project is the Loews Coronado Bay Resort,
although their main experience has been with smaller projects the size of the one being
proposed. Also, not too long ago they were designated by the City to develop a resort at the
Chula Vista Golf Course. However, this project has been stalled by the general slump in the
San Diego hospitality industry.
Staff recommends approval of a semi-exclusive agreement with the Citrons without issuance
of an RFP for the following reasons:
Uniqueness of concept adding to the variety of housing products offered in the
City
Experience and capabilities of the developer
Poor market timing for standard commercial development
Desire to break up the continuous strip-commercial development along
Broadway
The six month negotiation period will be used to flush out details of the development
program, draft a development agreement and secure financing for the project. Issues which
will be addressed during this period include the following:
Parking requirements
Restrictions on use of commercial spaces
On site circulation; separation of residential and commercial traffic
Project staging
Performance incentives
Disposition price and terms of payment
FISCAL IMPACT: Pursuant to pre1iminary discussions with the developers concerning
economics of the project and the goal to keep home prices below $200,000, it is most likely
that the Agency will not recoup its total investment in the Fuller Ford site if this project
moves forward. However, the project will provide property tax increment to the Agency up
4-2
Item ~
Meeting Date' I -1'f
Page 3
to an estimated $76,000/year (38 Homes x $200,000 sales price), and limited sales tax
revenues to the City depending upon utiJization of the commercial spaces.
It should be noted that current land value for commercial development would also be lower
than the acquisition price for the parcel, but higher than the value as a residential project.
c:\kassman\ra4s~oelen.ra4
1-3
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RESOLUTION /I-//~
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT WITH
JOELEN ENTERPRISES FOR DEVELOPMENT OF BUSINESS HOMES AT 760
BROADW A Y
WHEREAS, the Redevelopment Agency ("Agency") recently obtained the property
located at 760 Broadway (the "Site") comprising approximately 2.5 acres and located within
the Southwest Redevelopment Project Area; and,
WHEREAS, the Agency desires to redevelop the site with residential or commercial
land uses; and,
WHEREAS, Josef and Lenore Citron, representing Joelen Enterprises ("Developer"),
have submitted a proposal for the development of Business Homes described as
residential/commercial dwellings units; and,
WHEREAS, the Developer has requested an agreement with the Agency for the right
to negotiate a Disposition and Development Agreement, complete plans, and secure financing
for his project; and,
WHEREAS, Community Redevelopment Law requires the extension of Owner
Participation Rights to tenants currently located on the site.
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA does hereby find, o,'der, deter-mine and resolve to enter into a Semi-
Exclusive Negotiating Agreement (said document on file in the Office of the Secretary to the
Redevelopment Agency and known as RACO- ) with Joelen Enterprises for the development
of Business Homes at 760 Broadway.
BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency is
authorized to execute said agreement,
BE IT FURTHER RESOLVED that Redevelopment Agency staff is hereby directed
to formally extend Owner Participation Rights to all qualified owners, tenants, and other
property interest holders at the project site prior to commencing substantive negotiations with
Joelen Enterprises and no later than 30 days after the effective date of the Semi-Exclusive
Negotiating Agreement.
Presented by: Approved as to form by:
@~~~ ~ /'
//.'. it1,J11~t{. /7\
Chris Salomone Bruce M. Boogaard {,,/
Community Development Director Agency General Counsel
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BUSINESSHOME VILLAGE
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BUSINESSHOME VILLAGE
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EXHIBIT C
Joelen ënterprises .' :4
May 11, 1994
TO: CHRIS SALOMONE
FROM: JOSEF & LENORE CITRON
SUBJECT: BROADWAY PROPERTY, (Fuller Ford) PROPOSAL
As we have discussed in previous meeIings and communications, we are interested in
working out with you a plan for us to develop ihe above-captioned properly. Our feeling
is ihat ihe timing is right for going forward while we have ihe strong interest from funding
sources and the marketplace.
In order to be able to sian deveJoping a serious markel approach to whal we have
discussed, it wilJ be necessary and proper for us 10 flTst establish an understanding
between Joelen Enterprises and the City of Chula Vista of where we are going with ibis.
We can ihen justify expenditures of our time and money to create a complete plan for this
property starting wiih the following exhibits:
Preliminary
. Marketing Study;
. Plot Layout;
. Units Design;
. Project Budgel;
. Time-Line Projection;
. Cash-Flow Projection and Financing Plan;
4 86c,\win W 0 r<Nm>adwa)N>dyprop 1. doc
4000 Coronado Bay Road etJ Coronado, CA, 92118 It 619/424-4474 FAX 423-0884
If-f
. -
Chris Salomone
Proposal for Broadway (Fuller Ford) Property
May11,1994
Page 2 of 6
To star! moving towards the actual funding and commencement of the development, we
offer the attached as our proposal to you. If it can be seen to be something that we can
expect to be acceptable to the proper entities, we could then memorialize i1 in the fonn of
a letter of intent. Our objeclive, as your sIaff has poinled out to us, is to be granted
"Exclusive Negotiating Status". When we have completed the above and submitted the
results to the City for processing through lhe proper approval process, the fonnal
documents of sale could be drawn and executed and we would be underway.
Whal we must make clear here is that this project would nOI properly be a par! of an RFP
or other public proposal process. While it may be true at the moment that no other
developers thai we know of are after this propeny or doing this exact type of projecl
within the County, it is defmitely an idea whose lime has come. We cannot expose our
ideas to the public and expect them to stay ours for long. As we begin to actually market
the buildings we do expect the 'copycats' to star! springing up, but our development plans,
figures and other proprietary items must be kept wilhin the City unlil we are granted ENS.
Chris, we have made a slar! on a Project Budget and, as I understand it, you, Dave and
Fred are going to get together some estimates on City Development Fees and Costs for
us. We will very much appreciate it if we could gel those as soon as possibJe, so we may
be able to complele our Preliminary Project Budget.
We are aware how busy you and your sIaff have been and are with some very large and
time-consuming proposals and projects, and we know that this propeny is small in
comparison. We would like to take it off your hands. If we are as successful with this
projecl as we usually have been, and feel we will be on this-, we'd look forward to laking
on a number of other propenies in other areas you have menlioned in our meelings, as
well. We'll undenake to use as little of yours and sIaffs time as possible, as we have
found you and your people to be very professional and easy to work with.
Please take a few minutes to read the altached and let us know how it strikes you.
~~~
1AC:ja
attachmenl
cc: Craige Citron, Lon Levin, Linda Hobbs, Joe Buniva
48k\winwo,d'broadwaylbdyprop 1.doc
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.................................
PROPERTY PURCHASE AND DEVELOPMENT PROPOSAL
DATED: May 11, 1994
FROM: Citron Realty and Managemenl Corporation, ("Citron", as used herein)
TO: The City of Chula Vista
A TfENTION: Chris Salomone, Director of Communiiy Development
PROPERTY: Consisting of approximately one-hundred ten ihousand, lwOo
hundred fifty (110,250) square feet, wiih five-hundred lwenIy-five
feel, (525') of frontage on the Westerly side of Broadway in
Chula Vista, belween J and L streets, wiih a depih of lwo-hundred
ten feel, (210'), (legal description 10 follow).
Citron understands that the above propeny is owned by ihe Ciiy of Chula Vista, and ihat
the presenl OCCupanl, Fuller Ford, will be vacating the propeny approximate]y shonty
after August of this year. Citron also understands that the Ciiy wishes to sell this
propeny, and would entenain an offer from Citron to purchase and develop ihe propeny.
A shon description of the type of development is included, and a rough preliminary plot
layout of ihe intended finished project envisioned by Citron will be provided shonly.
Citron would like to make the following proposal to the Ciiy of Chula Vista to purchase
and develop the propeny:
1. Citron requests that the Ciiy of Chula Vista grant Citron an exclusive option to
purchase the entire described propeny for a lotal price of Five Hundred Fifty
Thousand Dollars, ($550,000.00), option tenn to be for a period of tweniy-four
(24) months. This time period is to allow for proper processing time as, if we had
all ciiy and public processing done now, we'd expect to be sold out in 24 months.
2. Citron will complete drawings and documents as required by the Ciiy for approval
by the Ciiy of an overlay zone or rezoning pennitting mixed commercial and
residential use on each lot; densiIy as required to successfully develop and sell to the
public, as fee simple, approximately thiny-eight (38) of the proposed
BusinessHomes; proposed prices are under $200.000. each; plus developmentlbuild-
to-suit of the purely commercial ponion consisting of approximately nine to thineen
thousand (9- 13,000) square feet including parking, for lease or sale by Citron to an
appropriate tenant for an approved use. Citron will work out wiIh the CiIy, and
comply with, requirements for parking, street, alley and utiJiiy improvements, elc.,
in this overlay or re-zoned C-C area'
)I- t/~II
Chris Salomone
Proposal for Broadway (Fuller Ford) Property
May 11,1994
Page 4 of 6
(Property Purchase and Development Proposal Section
Page 2 of 2)
3. On vacation of lhe property by Fuller Ford, the City will raze the property,
removing the existing structures and hard-surfacing, then planting, the property in
grass or an appropriate temporary ground covering.
4. The City will release the fIrst two parcels to Citron for development by Citron as
models for the project, on payment by Citron to the City of a pro-rata amount
arrived at by dividing the lotal option price by the total number of square feet of the
property, and multiplying the resull by the number of square feet in the released
property. On Citron exercising additional options to purchase during the option
period the remainder of the releases will be made, as requested by Citron, on the
same pro-rala basis.
5. Citron understands thai the City is planning on re-Iocating some other existing
commercial businesses presently doing business in the City at other locations. It is
Citron's intent to work with the City, and will look to the City for the City's
assislance in relocating such tenant(s) and Citron building to suit for such tenant(s)
on this subjecl property. Allhough not required in the under-filty-unit size
development, Citron is willing to work with the City also on the possibility of
allocating as "Affordable Housing" a small portion of the planned BusinessHomes,
as may be appropriale and acceplable to the agencies involved.
Sincerely,
CITRON REALTY & MANAGEMENT CORPORATION
~ ~/~
Josef A. Citron Lenore S. Citron
President Vice President and Treasurer
JAC:ja
cc: Craige Citron; Lon Levin; Linda Hobbs, LLB; Joe Buniva, CPA
486c ,'win wo«N>road wa y-bdyprop 1.doc
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A SHORT EXECUTIVE DESCRIPTION OF THE
DEVELOPMENT
The BusinessHome is an ancient idea lime-tested over many centuries thai is as fresh and
new in ihis proposed development as a freshly-bloomed flower. II is environmentally
fiiendly as one of the best ways to cut down on the business use of the automobile and
make driving for pleasure reaJly a pleasure again.
Combining the owner's home and place of business may be as old as time, an idea that has
been popular over lime in the Eastern United States, in England, and many European
CounIries. It is now an idea whose lime has come here, in our economic and
environmental-conscious climate of today.
As to be developed on the Broadway Street she, our BusinessHome will be designed wiih
ihe small businessperson in mind. A struClure housing the shop/store/office or
professionaJ service on ihe ground floor, wiih back entrance to ihe single garage plus
(perhaps covered) 2nd parking place. The shop/store/office will open at ground level to
ihe street for business, wiih space and access in the rear for stock/storage/etc. and will
include a bathroom.
The second floor will be accessible from ihe street aJso, wiih it's separate entrance possibly
up a few steps to a landing. The Home portion of ihe structure will house living/dining
room, kilchen, service, two bedrooms and up to two balhs. As we anIicipate buyers wilh
larger or growing famiJies, we will have a plan expandable to 3 & 4 bedrooms, wiih
anoiher baih available. These units will be two stories in height over ihe store, making
three stories in all. Our archiIect wants to disIribute these uniIs in such a way as to
maximize Jight and sight-lines throughout the project
While many may feel thai ihe present Siatus of ihe overaJl location does not at ihis lime
seem to warrant a siyJish, well-conceived business and residenIiaJ project of ihe sort we
propose, we judge that ihe property is ÌIill big enough to create its ~ ambiance. If done
properly, as we expect to do, this project will become a beacon for Ciiy Design and Urban
RenewaJ Designers and promoters the country over. It indeed offers a chaJlenge, one that
we are ready to take on.
What ihis project is !1Q1 is another ill-conceived condo development We will design to
attract owner-occupants, and discourage speculators who would be looking to rent out
eiiher the residence, the store, or boih. It is aJso not a sIrip-store development. Nor will
it be a cheaply done in-and-out one-shot project, inviIing early neighborhood decay.
X 1~/3
Chris Salomone
Proposal for Broadway (Fuller Ford) Property
May11,1994
Page 6 of 6
(Executive Description Section
Page 2 of 2)
On lhe contrary, it is our intention to make this project a Model, a Prototype, in the best
senses of the words, for we will propose to continue to do business with the City as long
as you have appropriate additionaJ property for this type of development. We believe that
this idea will catch on and become a reaJ growth industry for developers and cities in times
ahead. And we expect to lead the pack, along with the City of Chula Vista.
The plot plan will have "neighborhood" in mind, leaning strongly to and inviting pedestrian
uses. Street Fairs and Fanner's Market-type occasions will work beautifully within the
development to invite neighbor/shoppers interest from other nearby Chula Visla areas.
Unlike other commerciaJ areas, this one will not be desened late nights and week-ends,
neither will it be desened when all the residents go to work. Talk about "Neighborhood
Watch"! This little community should set low-crime records.
As to financing, we have several local banks evidencing great interest in the concept and
this project. The SBA aJso is very interested. Their comment is that this is jusl exactly the
kind of thing they want to do, within, of course, their individuaJ case lending parameters.
As previously stated, our target is to bring lhe units on the market for an average saJes
price of under two-hundred thousand dollars. If possible, we would like to keep JI!! the
prices under that figure, depending only on the extent of processing fees and costs, and the
demand for the larger units. Another factor strongly affecting pricing will be time. We
are prepared to proceed on this project immediately: our design and construction teams
are aJready formed and proceeding with preliminary work, as we are prepared to build
BusinessHomes elsewhere if this deaJ were to not go forward. Were City processing
procedures completed today, we could be on the marketplace with our models and selling
in 8-9 months. As previously stated, we could expect to be completed and sold oul in 24
months.
The interest shown us in this concept by various small and large cities locally has been
rather breath-taking. The Chula Visla Director of Community Developmenl's suggestion
about our using this Broadway Street propeny seemed inspired to us.
Our preferences are to do the" <Broadway <Businesýfomes rpar/C' first, and our plans
call for it to be the fIrst, aJbeit of many hopefully, but definitely planned as the fIrst. We
are anxious therefore to proceed, and will make ourselves available to staff, and all the
politicaJ processes necessary and required to gel underway quickly.
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REDEVELOPMENT AGENCY
ITEM #4
Attached is the Semi-Exclusive Negotiating Agreement with Joelen
Enterprises for Development of a Commercial Shopping Center oJ 760
Broadway.
The City Attorney's Office has reviewed the Agreement and Joseph and
Lenore Citron have signed same.
---
Semi-Exclusive Negotiating Agreement with
Joelen Enterprises for Development of a Commercial Shopping Center
at 760 Broadway
This AGREEMENT is entered into this - day of ,1994, for the
purposes of reference only, and effective as of the date last executed by the parties,
by and between the Redevelopment Agency of the City of Chula Vista, California, a
political subdivision of the State of California, ("Agency") duly created, established
and authorized to transact business and exercise its powers under and pursuant to the
Community Redevelopment law (Part I of Division 24 of the Health and Safety Code
of the State of California), and Joelen Enterprises, ("Developer"), and is made with
reference to the following facts:
THE AGENCY AND DEVELOPER HEREBY AGREE AS FOllOWS:
I. Parties
A. Nature and Offices of the Developer
Developer is Joelen Enterprises. The principal office of the Developer for
purposes of this Agreement is:
4000 Coronado Bay Road,
Coronado, California 92118
1. Developer's Representatives.
Developer has designated the following person or persons who will
negotiate the Disposition and Development Agreement (DDA) with the
Agency and who will engage in the activities necessary to determine the
feasibilities of the development of the Site:
Mr. Josef Citron
Mrs. Lenore Citron
4000 Coronado Bay Road
Coronado, California, 92118 (619) 424-4474
B. Agency's Offices and Representatives.
The principal office of Agency for purposes of this Agreement is:
Redevelopment Agency of the City of Chula Vista
Community Development Department
276 Fourth Avenue
Chula Vista, California 92010 (619) 691-5047
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 1
1. Agency's Representatives.
Agency has designated the following person or persons who will
negotiate the Disposition and Development Agreement with the
Developer and who will engage in the activities necessary to determine
the feasibilities of the development of the Site:
Chris Salomone, Director of Community Development
Fred Kassman, Redevelopment Coordinator
Lyle Haynes, Principal Community Development Specialist
II. Definitions and References
A. Site:
The property which is the subject matter of this Agreement is approximately
2.52 acres of land consisting of five (5) separate parcels of land identified by the
following San Diego County Tax Assessor Parcel Numbers, owners and acreage:
Aqencv Owned Parcels Acreaqe
571-200-13 Chula Vista Redevelopment Agency 0.35
571-200-14 Chula Vista Redevelopment Agency 0.36
571-200-15 Chula Vista Redevelopment Agency 0.24
571-200-16 Chula Vista Redevelopment Agency 0.27
571-200-17 Chula vista Redevelopment Agency 1.30
2.52
in the City of Chula Vista, County of San Diego, State of California and legally
described as set forth in Exhibit "A" ("Site"). The Site is located within the boundaries
of the Southwest Redevelopment Project Area. The Site is generally shown on the
Site Map attached hereto and incorporated herein as Exhibit "B."
B. Project:
The Project ("Project") as used herein shall be the development of the Site with
approximately 38 Business Homes which will be sold, fee simple at a moderate price
range. Said development to include access roads, driveways, landscaping, common
areas and public parking. "Business Homes" are described as 2 to 3 story attached
town homes with ground floor commercial areas comprising approximately 1,000
square feet.
III. Recitals
One of the purposes of this agreement is to establish a semi-exclusive
negotiation period during which the parties agree to attempt, in good faith, to
negotiate a Disposition and Development Agreement that will define and develop a
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 2
"Project" for the purposes of (1) environmental evaluation and certification, and which
shall be subjected to CEQA review and evaluation at a later time; and (2) determining
the extent to which this Project is necessary for the public good, and the extent to
which the various parcels herein described are necessary for the project. City and
Agency retains the full discretion to review the staff-developed plan for public
necessity and for environmental impacts, and to make or impose any mitigation
conditions or adopt any overriding considerations which are at that time appropriate.
IV. Duty of Staff and Developer to Negotiate DDA and Present Project to Agency
Board
During the "Negotiation Period" as herein defined, Staff of the Agency ("Staff")
and Developer shall negotiate diligently and in good faith to prepare an agreement
("Disposition and Development Agreement", or alternatively "DDA") to present to the
Agency for Agency Board review and approval ("DDA Approval") which DDA shall,
among other things, contain and not be inconsistent with, the following terms and
conditions contained in this Subsection A.
The inclusion of the specific terms set forth below shall not be deemed to be
acceptance of such items by either party prior to the execution of a Disposition and
Development Agreement. Instead, these are listed as standards to measure
compliance with the duty to negotiate in good faith as between Staff of the Agency
and Developer. The acts of the Agency, City, or any of the boards, commission or
committees of either the Agency or the City are obligated to act in accordance with
these standards, but are entirely free to exercise any and all discretion with which
they are vested by law or charter.
A. Basic Obligations of DDA
1. Disposition of the Site; Price.
Commits the Agency to sell to Developer the Site, or portion thereof, and
commits the Developer to acquire such Agency parcels at such prices as
may be agreed upon by the Developer and Agency.
2. Approval of Site Configuration.
Gives the Agency the right to approve the further continuation of the
rights and duties of the parties under the DDA if the entire Site cannot
be finally acquired. References herein to the Site made in a temporal
context after Agency approval shall be to the site as approved by the
Agency, even if fewer parcels than contained in the entire Site as herein
provided.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 3
3. Development of the Site.
Commits the Developer subject to obtaining acceptable financing to
improve the Site, in a single or staged construction effort, with either the
Project in a form as approved by the Agency Board, or a reasonably
similar variant of the Project as approved by the Agency Board either of
which ("Approved Project") shall incorporate the following:
a. Complies as much as economically, aesthetically, and
architecturally possible with the design standards for development
in the Southwest Redevelopment Project Area; and,
b. Incorporates a design that minimizes, to the extent
possible, the traffic circulation and parking problems that
the Approved Development can be expected to produce;
and,
c. Provides for a total of approximately 38 Business Homes
with residential and commercial or retail space; and landscaping
and parking standards that meet or exceed the landscaping and
parking requirements of the General Plan and Montgomery Specific
Plan; and,
d. Requires Developer to complete construction of a negotiated
minimum number of Business Homes on the site, including on and
off-site improvements, if any; and,
4. Schedule of Performance.
Sets forth a schedule or time table prepared jointly with the Agency Staff
for the accomplishment of identifiable developmental milestones,
including a time-table for the relocation of existing third party owners and
tenants on the Agency owned parcels.
5. Security for Developer's Performance.
Secures Agency of the Developer's performance under the DDA while
taking into consideration Lender's need to be secured to the extent of
their financial commitment, by means, at the Agency's discretion, of a
conveyance of a conditionally defeasible fee with right of reverter upon
non-performance of the conditions of construction after extending a right
to cure to Developer's lender, or by a performance trust deed securing
the performance of the DDA after extending a right to cure to
Developer's lender.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 4
6. Economic Risk.
Provides that the Developerabsorb all economic risks associated with the
completion of the Project except herein set forth. It is the intention of
the Parties that Developer shall pay the full cost of all improvements to
be constructed on the Site including the cost of all normal City fees and
permits applicable to completion of the proposed improvements. The
parties agree and acknowledge that it is the intent of the parties that all
Project costs, including but not limited to acquisition of the Site,
relocation costs, design, construction and development of all on-Site and
off-Site public and private improvements, appraisal fees, environmental
and other consultant fees, whether incurred by the Developer, the City
or the Agency, shall be the responsibility of the Developer with the
exception of any cost subsidy as provided for hereinafter. Project costs,
for the purposes of this Agreement, are deemed to not include any costs
incurred by the City on the Agency prior to the execution of this
Agreement. Agency agrees to furnish copies of any applicable site
studies, reports and documents that Agency and Developer agree will be
of benefit to Developer.
7. Right to Negotiate for Cost Subsidy.
Provide that Agency and Developer agree to meet and confer, and to
negotiate in good faith with each other, and from time to time
throughout the terms of this agreement, the provision, in one form or
another, to Developer of a subsidy which may be necessary or
appropriate in order for Developer to achieve a reasonable rate of return
on its investment from pursuing the Project. The reasonableness of the
rate of return shall be determined by giving consideration to industry-
expected rates of returns on similarly situated projects The parties
further agree that both parties shall use the Initial Negotiation period to
estimate total project costs in order to determine the economic feasibility
of the proposed project.
a. Condition Precedent to Negotiating. Prior to requesting a Cost
Subsidy from the Agency, Developer shall demonstrate in a
commercially-acceptable standard, the facts and circumstances that
justify the duty to meet and confer for a Cost Subsidy. Specifically,
Developer shall deliver to Agency their "pro-forma" determination of
return on investment prior to requesting a Cost Subsidy for the Project.
8. Restrictions Against Discrimination.
Contains the constraints against discrimination in the form and manner
required by state redevelopment law.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19, 1994 Page 5
B. Retention of Discretion to Approve the Project and DDA.
It is anticipated that the Project and the DDA providing for its implementation
will be presented to Agency Board for approval. The Parties understand that the
Agency is reserving the right to exercise its discretion as to all matters which it is, by
law, entitled or required to exercise its discretion, including, but not limited to the
following, which shall occur prior to DDA approval:
1. Approval by the Agency of the final Project as contained in the DDA.
The parties understand that the Agency has the complete and unfettered
discretion to reject the DDA without explanation or cause. The risk of
loss of all processing, design and developmental costs incurred by the
Developer prior to DDA approval shall be absorbed entirely by Developer
except unless expressly assumed, by the terms of this agreement, by the
Agency. Developer is not required to provide Project construction design
and plans prior to final DDA approval. Without limitation of the foregoing
Agency right, the Agency hereby advises Developer that they will not be
inclined to approve a DDA that does not incorporate the components
contained in Section IV A.3, a through d.
2. Review and approval by the Agency of all discretionary findings and
conclusions.
The duty of the Agency to dispose of its parcels located within the Site
shall be conditioned upon the successful review and approval of all
necessary findings and conclusions which the Agency board is required
to make, including all environmental findings, plan consistency findings,
zoning approvals, variances, conditional use permits, street vacations,
etc. As to any matter which the Agency may be required to exercise its
unfettered discretion in advancing the Project to completion, nothing
herein, nor to be contained in the DDA shall obligate the Agency to
exercise its discretion in any particular manner, and upon doing so, it
shall not be deemed to constitute a breach of Agency's duties under this
agreement.
C. Semi-Exclusive Nature of Agreement.
The Agency agrees, for the duration of this Agreement, not to negotiate with
any other person or entity regarding the acquisition and development of the Site
except for those owners or tenants of the Site to whom Agency is obligated to extend
owner participation rights.
D. Negotiation Period
The term of this Agreement shall be 180 calendar days from the date it is
approved and executed by both parties (the "Initial Negotiation Period"). At the end
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19, 1994 Page 6
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authorized to extend the term of this Agreement for up to an additio al18D days (the
"Extended Negotiation Period") if at the end of the Initial Negotiatio Period the parties
have not yet entered into a Disposition and Development Agree nt, the Agency has
not exercised its right to terminate as herein provided, the De eloper concurs with
such extension of the negotiation period, and the Executive rector has determined
L that there is a reasonably likelihood that the Developer w,ill ree to terms which the
Agency staff will be able to recommend to the Agency.
1. Termination Due to Impasse
Notwithstanding the nominal Initial or Extended Negotiating Periods
hereinabove set forth, either Party maZerminate this Agreement without
breach if it has, despite the exercise 0 good faith, not been able to reach
agreement on the terms and onditions for a Disposition and
Development Agreement.
Notwithstanding the nomi I Initial or Extended Negotiating Periods
hereinabove set forth, eith r Party may terminate this Agreement if the
other Party has materially efaulted in its obligations herein set forth, and
the terminating Party as provided defaulting party with written
notification of such d . ermination, and the defaulting party has refused
to cure same. The ritten notification shall set forth the nature of the
actions required to ure such default if curable. Defaulting party shall
have 3D days fro the date of the written notification to cure such
default. If such efault is not cured within the 3D-day, the termination
shall be deem effective. For purposes of this paragraph, the parties
hereby ackn ledge that time is of the essence.
cy Approval of DDA.
Prior to the pr sentation of the Project and DDA in a condition that meets with
the Staff's appro I ("Staff Sponsored Plan"). the Parties shall accomplish the
following:
Deve per will use good faith and best efforts to obtain the following result:
cause suc environmental documentation and review of the Project as may be required
by state w ("CEQA Result") to be prepared and presented to the Agency Board for
review nd approval at the time the Agency approves the Project.
Citron.Agm
July 19, 1994
of the Initial Negotiation Period, the Agency may extend the term of this Agreement J
for up to an additional 180 days (the "Extended Negotiation Period") if at the end of
the Initial Negotiation Period the parties have not yet entered into a Disposition and
Development Agreement, the Agency has not exercised its right to terminate as herein
provided, the Developer concurs with such extension of the negotiation period, and
the Agency has determined that there is a reasonably likelihood that the Developer will
agree to terms which the Agency staff will be able to recommend to the Agency.
1. Termination Due to Impasse
Notwithstanding the nominal Initial or Extended Negotiating Periods
hereinabove set forth, either Party may terminate this Agreement without
breach if it has, despite the exercise of good faith, not been able to reach
agreement on the terms and conditions for a Disposition and
Development Agreement.
2. Termination Due to Breach.
Notwithstanding the nominal Initial or Extended Negotiating Periods
hereinabove set forth, either Party may terminate this Agreement if the
other Party has materially defaulted in its obligations herein set forth, and
the terminating Party has provided defaulting party with written
notification of such determination, and the defaulting party has refused
to cure same. The written notification shall set forth the nature of the
actions required to cure such default if curable. Defaulting party shall
have 30 days from the date of the written notification to cure such
default. If such default is not cured within the 30-day, the termination
shall be deemed effective. For purposes of this paragraph, the parties
hereby acknowledge that time is of the essence.
V. Duties Pending Agency Approval of DDA.
Prior to the presentation of the Project and DDA in a condition that meets with
the Staff's approval ("Staff Sponsored Plan"), the Parties shall accomplish the
following:
A. Environmental Review.
Developer will use good faith and best efforts to obtain the following result:
cause such environmental documentation and review of the Project as may be required
by state law ("CEOA Result") to be prepared and presented to the Agency Board for
review and approval at the time the Agency approves the Project.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 20, 1994 Page 7
B. Determination of Economic Viability of Project.
Developer shall submit a preliminary financial Project proforma to Agency
general counsel for Agency review and evaluation, which shall, to the maximum extent
permitted by law, remain confidential. Said information shall not be copied, and shall
be returned to Developer after Agency has completed its use thereof.
C. Owner Participation Rights.
Agency will, at its sole cost and expense, extend owner participation rights to
all persons entitled thereto by law, and in connection therewith, Agency will retain full
and unfettered discretion to extend owner participation rights to current property
owners in the manner required by law, and to consider and evaluate any owner
participation proposals submitted.
D. Subdivision Map.
Developer will, at its sole cost and expense, process a subdivision map with
regard to the Site into such lots as are consistent with the distribution of ownerships
thereof.
E. Sections 33431 and 33433 Public Hearings.
Agency and City shall hold and conduct such Health and Safety Code Section
33431 and 33433 public hearings as may be required by law to be held and
conducted, and to exercise such discretion as they may be required or entitled to
exercise by law.
VI. General Obligations/Provisions.
A. Other Enforcement Mechanism.
In addition to any and all other remedies the City may have to enforce the terms
of this agreement, the City is hereby authorized to withhold building permits for
construction if Developer is in violation, breach or default of the terms of this
agreement. The parties agree that the City's decision, if exercised, to withhold
building permits under the provisions of this section, may be reviewed by the proper
Superior Court expeditiously by application for writ of mandate.
B. Developer's Findings, Determinations, Studies, Reports and Financing.
As requested by the Agency, from time to time, the Developer agrees to make
periodic oral progress reports and periodic written reports advising the Agency on all
matters and all studies being made to the extent that they do not include confidential
matters. All such matters shall be deemed to be the joint property of Agency and
Developer, and may be used by either Party without reimbursement to the other.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 8
C. Agency Public Hearing.
If the negotiations culminate in agreement ("Memorandum of Understanding",
or "MOU") between the Staff and Developer as to the terms for a Disposition and
Development Agreement, and is signed by Developer, such an agreement shall deemed
to be an irrevocable offer to the Agency to contract on the terms of the MOU for a
period therein provided for, but at least 30 days, but shall not become obligatory upon
the Agency or become effective until after the agreement has been considered and
approved by the Agency after such public meetings and such procedures as are
prescribed by law.
D. Real Estate Commissions
The Agency shall not be liable for any real estate commission or brokerage fees
which may arise herefrom. The Agency represents that it has engaged no broker,
agent or finder in connection with this transaction, and the Developer agrees to hold
the Agency harmless from any claim by any broker, agent or finder retained by
Developer.
E. Authority.
Each party represents that it has full right, power and authority to execute this
Agreement and to perform its obligations hereunder, without the need for any further
action under its governing instruments, and that the parties executing this Agreement
on behalf of such party are duly authorized agents with authority to do so.
F. Further Assurances.
The parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry
out the provisions of this Agreement and the intentions of the parties.
G. Attorneys' Fees.
If either party commences legal proceedings for any relief against the other
party arising out of this Agreement, the losing party shall pay the prevailing party's
legal costs and expenses including, but not limited to, reasonable attorneys' fees as
determined by the court.
VII. Execution of this Agreement.
By its execution of this Agreement, the Agency is not committing itself or
agreeing to undertake any activity including but not limited to the approval and
execution of an Disposition and Development Agreement; the amendment of the
Southwest Redevelopment Plan; the proposal, amendment, or approval of any land use
regulation governing the Site; the provision of financial assistance for the development
of any public or private improvement pertaining to the Site; the disposition of any
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19. 1994 Page 9
interest in real property or, any other activity requiring the subsequent exercise of
discretion by the Agency, the City or any agency or department thereof.
This Agreement does not constitute a disposition of property or exercise of
control over property by the Agency or City and does not require a public hearing.
Agency execution of this Agreement is merely an agreement to enter into a period of
exclusive negotiations according to the terms hereof, reserving final discretion and
approval by the Agency as to any proposed Disposition and Development Agreement
and all proceedings and decisions in connection therewith.
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19, 1994 Page 10
Signature Page
to
Semi-Exclusive Negotiating Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth adjacent thereto, thereby indicating the consent of their principals.
Dated: , 1994 REDEVELOPMENT AGENCY OF THE
CITY CHULA VISTA
By
Tim Nader, Chairman
Redevelopment Agency
Approved as to form: Joelen Enterprises
By:
Bruce M. Boogaard Josef A. Citron
Agency General Counsel
By:
Lenore S. Citron
Approved as to content:
Chris Salomone
Agency Executive Secretary
Citron.Agm Semi-Exclusive Negotiating Agreement
July 19,1994 Page 11
JUL-19-94 TUE 14:27 6194230884 P.02
JUL -19-94 TUE 15:22 COMMUN I TV DEVELOPMENT FAX NO. 6194765310 1', I'
Signature Page
[0
Semi-Exclusive Negotiating Agreement
IN WITNESS WHEREOF, the parties heretO have executed this Agreement a$ of
the date t forth adjacent theretò, thereby Indicating the consent of their principIIls.
Dated: . 1994 REDEVELOPMENT AGENCY OF THE
CITY CHULA VISTA
By
Tim Nader. Chairman
Redevelopment Agency
Approved as to form: Joelen Enterprises
Bruce M. Boogaard
Agency General Counsel
Approved liS to content:
Chris Salomone
Agency Execvtlve Secret;:lry
Cltron,ADm Semi-Excruslve Negotiating Agreement
July 19.1984 Page 11
JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT
Item So.. +h
Meeting Date 07/19/94
ITEM TITLE:
[A] Agency RESOLUTION /1/3 Approving Final Rental Assistance and Last
Resort Housing payments in the amount of $27,869.52 pursuant to the
adopted Relocation Plan for three rental unit households formerly residing
at 459 F Street within the Town Centre II Redevelopment Project Area;
[and]
[B] Council RESOLUTION /75 Co 7 Authorizing the expenditure of $27,869.52
from the Civic Center Expansion Project (#GG-130) ClP for the payment
of Final Rental Assistance and Last Resort Housing payments to three
rental unit households formerly residing at 459 F Street
SUBMITTED BY: Community Development Director ¿ -Ç;, ,
REVIEWED BY: Executive Director ~ ~~
(4/Sths Vote: Yes - No ~
Council Referral No. -
BACKGROUND: The City of Chula Vista and the Chula Vista Redevelopment Agency
purchased the property at 459 F Street as part of the adopted Chula Vista Master PJan Expansion
Project. The property contains one (I) single family residence fronting "F" Street, and five (5)
rental units on the balance of the .52 acre parcel. In order to utilize the property, five (5) rental
households have been relocated. The California Relocation Assistance Act mandates the
payment of relocation benefits to persons and businesses displaced by actions taken by a pubJic
entity. On ApriJ 5, 1994, the Council and Agency approved the payment of Advance Assistance
and Moving Expense relocation claims for all five (5) households. On June 7, 1994, the Council
and Agency approved the payment of the final Downpayment and Last Resort Housing payment
for one (I) of the households. This item requests the Council and Agency approve final Rental
Assistance and Last Resort Housing payments for three (3) of the remaining four (4) households
that need to be paid. Mary Mancini who resided in Apartment B will be submitting her final
claim in the near future.
RECOMMENDATION: It is recommended that 1) the Redevelopment Agency adopt the
resolution which approves the Final Rental Assistance and Last Resort Housing payments to
three rental unit households formerly residing at 459 F Street pursuant to the adopted Relocation
Plan, and 2) that the City Council adopt the resolution which authorizes the expenditure of
$27,869.52 from the Civic Center Expansion Project (#GG-130) for payment of the Agency
approved FinaJ Rental Assistance and Last Resort Housing payments which are mandated by
State law.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
5-/
Page 2, Item ~
Meeting Date 07/19194
DISCUSSION:
The Relocation Plan was adopted for this project on October 19, 1993. Affected residences are
entitled to receive Advance Assislance, Residential Moving Expenses, Renlal Assislance, and
if applicable, Last Resort Housing payments. The spirit of the law is to provide enough funds
to the displacee up-front in order to afford the initial cost of the move such as moving expenses,
security deposit, and first month's rent; and then pay Renlal Assislance (up to a maximum of
$5,250) and any Last Resort Housing payments that may be necessary in order for the displacee
to be made "whole". The Rental Assislance payment is determined by taking the "monthly
housing need" and multiplying it by 48 (48 months). The amount, if any, above the maximum
of $5,250 is considered the Last Resort Housing payment.
Atlached as Exhibit A are the Final Rental Assistance and Last Resort Housing claims filed by
three (3) of the four (4) households entitled to receive these final payments. The current claims
are as follows:
Name Pavment Tvoe Amount
DeJia Hernandez & Rental Assistance & $ 4,293.12
Lourdes Ojeda Last Resort Housing
Josefa Perez Renlal Assistance & $16,812.00
Last Resort Housing
Jeannette O'Toole & Renlal Assislance & $ 6,171.36
Carolyn Petronella Last Resort Housing
Residential Moving Expense $ 593.04
Total $27,869.52
It shouJd be noted that Mrs. Perez's Jarge claim of $16,812.00 is due to two basic factors that
are outside the control of the Agency. First, a displacee is entitled to be relocated in a
"comparable" replacement dwelling. Since Mrs. Perez was living alone in a two-bedroom, I
bath unit, the Agency is responsibJe for placing her in a comparable dwelling eventhough the
market rent may be beyond their financial means. Secondly, Mrs. Perez lives on a small fixed
income which resulted therefore, in a large "monthly need" ($381.50) which then needs to be
multiplied by 48 months as discussed above.
Additionally, the claim filed by Jeanette O'Toole and Carolyn Petronella includes a Residential
Moving Expense claim of $593.04. All claimants are entitled to receive either a lump sum
payment for moving expenses based on the size of their household, or for actual moving
expenses incurred. As indicated in the prior slaff report, three (3) of the five (5) households
elected to lake the lump sum payment, whereas the Mary Mancini and O'TooJe/Petronella
househoJds elected to be moved by a professional moving company.
All five renlal households have vacated the premises. The prior property owners, Mr. and Mrs.
Adamo, are under a six (6) month lease agreement with the City and Agency that is due to
5-2..
Page 3, Item 51Jvi-6
Meeting Date 07/19/94
expire on September 1,1994. Staff understands that the Adamo's have purchased a new home
in eastern Chula Vista but are concerned that the house will not be completed in time for the
September 1, 1994, deadline. Staff is concerned that should the Adamo's request an extension,
that it would delay the much needed temporary parking facility.
FISCAL IMPACT:
As part of the Purchase and Sale Agreement approved for the property, the Council authorized
the encumbrance of $910,500 from crp Account #GG-130 to purchase the property (including
escrow costs and interest payments on the note) and reJocate the tenants. Additionally, the
adopted Relocation Plan included an estimate of $73,500 for relocating the tenants. The
adoption of these resolutions will not result in any additional fiscal impact since the funds have
already been encumbered. The following table provides the relocation costs (including this
request) to date:
Name Pavment Tvoe Amount
Delia Hernandez & Advance Assistance $ 1,500.00
Lourdes Ojeda Moving Expense 1,250.00
Rental Assistance & 4 293.12
Last Resort Housing
Subtotal $7,043.12
Mary Mancini Advance Assistance $ 1,500.00
Apartment B
Marco & Cecelia Gonzalez Advance Assistance $ 1,500.00
Apartment C Moving Expense 1,050.00
Downpayment Assistance & 7313.76
Last Resort Housing
Subtotal $ 9,863.76
Jeannette O'Toole & Advance Assistance $ 1,500.00
Carolyn Petronella Rental Assistance & 6,171.36
Apartment D Last Resort Housing 593.04
Residential Moving Expense
Subtotal $ 8,264.40
Josefa Perez Advance Assistance $ 1,500.00
Apartment E Moving Expense 1,050.00
Rental Assistance & 16.812.00
Last Resort Housing
Subtotal $19,362.00
Grand Total $46,033.28
As stated previously, the only remaining claim to be filed and paid will be forthcoming from
Mary Mancini. She wiJl be filing a claim for Residential Moving Expense and Rental Assistance
and Last Resort Housing. 5-3
C:IWP51 IHAYNESIREPORTSI459FINL1.1 13
Thís yage íntentíonaIIy left blank.
5-1f
RESOLUTION ;11)
RESOLUTION OF THE REDEVEWPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING FINAL RENTAL ASSISTANCE AND LAST
RESORT HOUSING CLAIMS IN THE AMOUNT OF $27,869.52
PURSUANT TO THE ADOPTED RELOCATION PLAN FOR THREE
RENTAL UNIT HOUSEHOLDS FORMERLY RESIDING AT 459 F
STREET WITHIN THE TOWN CENTRE n PROJECT AREA
WHEREAS, the Redevelopment Agency adopted a Relocation Plan for 459 F
Street on October 19, 1993, which requires the relocation of five (5) rental unit households
pursuant to the California Relocation Assistance Act; and
WHEREAS, the City of Chula Vista and the Redevelopment Agency approved
the Purchase and Sale Agreement for the property as part of the Civic Center Expansion Project
on November 9, 1993, and authorized the encumbrance of $910,500 from crp Account #GG-
130 for the purposes of purchasing the property and relocating the tenants; and
WHEREAS, the City of Chula Vista and the Redevelopment Agency approved
the payment of Advance Assistance and Moving Expense claims for all five househoJds on ApriJ
5, 1994, and approved the payment of a final Downpayment and Last Resort Housing payment
for one of the five households on June 7, 1994; and
WHEREAS, three final Rental Assistance and Last Resort Housing claims have
been fiJed from tenants formerly residing at the project site totalling $27,869.52 as follows:
Delia Hernandez and Lourdes Ojeda $ 4,293.12
Jeanette O'Toole & Carolyn Petronella (#D) 6,764.40
Josefa Perez (Apt. E) 16 812.00
Total $27,869.52
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA does hereby find, order, determine and resolve that the final Rental
Assistance and Last Resort Housing claims for three of the four remaining househoJds that
formerly resided at 459 F Street which are entitled to receive these payments are approved
pursuant to the adopted Relocation Plan and Civic Center Expansion Project.
PRESENTED BY: APPROVED AS TO FORM BY:
~~ ~
Chris Salomone
Community Development Director
C:I WP51 IHA YNESIDOCUMENTl459FINlA.RES
S-5
Thís 'page íntentíonally left blank.
S~~
RESOLUTION lÎ~~7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE EXPENDITURE OF $27,869.52 FROM THE CIVIC
CENTER EXPANSION PROJECT (#GG-130) CIP FOR THE PAYMENT OF
FINAL RENTAL ASSISTANCE AND LAST RESORT HOUSING PAYMENTS
FOR THREE RENTAL UNIT HOUSEHOLDS FORMERLY RESIDING AT 459
F STREET
WHEREAS, the Redevelopment Agency of the City of Chula Vista adopted a
Relocation Plan for 459 F Street on October 19, 1993, which requires the relocation of five (5)
rentaJ unit households that are eligibJe for relocation benefits pursuant to the CaJifornia
Relocation Assistance Act; and
WHEREAS, the City of Chula Vista and the Redevelopment Agency approved the
Purchase and Sale Agreement for the property as part of the Civic Center Expansion Project on
November 9, 1993, and authorized the encumbrance of $910,500 from crp Account #GG-130
for the purposes of purchasing the property and relocating the tenants; and
WHEREAS, the City of Chula Vista and the Redevelopment Agency approved the
payment of Advance Assistance and Moving Expense claims for all five households on April 5,
1994, and approved the payment of a final Downpayment and Last Resort Housing payment for
one of the five households on June 7, 1994; and
WHEREAS, three (3) finaJ Rental and Last Resort Housing claims have been filed
from tenants residing at the project site totaJling $27,869.52 as follows:
Delia Hernandez and Lourdes Ojeda $ 4,293.12
Jeanette O'Toole & Carolyn Petronella (#D) 6,764.40
Josefa Perez (Apt. E) 16.812.00
Total $27,869.52
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA
does hereby find, order, detennine and resolve that the expenditure of $27,869.52 from the
Civic Center Expansion Project (GG- #130) is approved for payment of final RentaJ Assistance
and Last Resort Housing payments for three of the four remaining households that formerJy
resided at 459 F Street which are entitled to receive these payments pursuant to the adopted
Relocation Plan and Civic Cenler Master Plan Expansion project.
PRESENTED BY: APPROVED AS TO FORM BY:
~ ~ g;fi~
Chris SaJomone
Community Development Director C:I WP51 IHA YNESIDOCUMENTl459ADVl C.RES
5-7
Thís ¡age íntentíonally left blank.
S-,}'
Claim for Rental or Downpayment Assistance Payment
PRIVACY ACT NOTICE: You are as ed rmatIon Older to determine whether you are eligible to recelw e rental or downpeyment
assistance payment, You are not required by law to furnish thlslnlormation, but "you do not provide It, you may not racelw this peyment or n may take
Iongar to pay you. This Information Is being collected und... tho authority 01 tha California Relocation Assistance Act (Government Code SectIon 7260, et.seq.).
INSTRUCTIONS: This claim Iom1Is for'" use 01 families and IndMdueis applying for a rental or downpeymef1t assistance payment
A representative 01'" displacing Agency will help you complete the form and Inform you 01... Information that you must provide In 8<Jpport
01 this claim, n the full amount 01 yoor claim Is not approved, tho Agancy will provIda you with a _an axpIanation 01 tha reason,
n you are not aatisfled with tho Agency's determination, you may appaaJ that determination. The Agency will explain how to make an appaaJ.
1. Your Name(s) (You are the Claimant(s)) 1 a. Present Mailing Address(es) of Claimant(s) 1 b. Telephone Number(s)
Delia Hernandez &. 459 "P" Street ( 619 ) 427-8915
I;ourdes O"eda ChuIa Vista CA 91910
2. Have all members of the household moved to the same dwelling? ---X YES - NO
(If 'NO", list the names of all members and the addresses to which they moved in the Rema"s Section.)
Dwelling Address When Did You Rent When Did You Move When Did You Move
This Unit? To This Unit? Out 01 This Unit?
3. UnHhat 459 "P" Street 1/01/85 5/30/94
You Moved From ChuIa Vista, CA 91910
4. UnitThat 270 Pig Avenue 5/20/94 5/30/94
You Moved To ChuIa Vista, CA 91910
5, Computation of: .....x.... Rental Assistance Payment, Downpeymant Assistance Payment
INSTRUCTIONS: Complete Items 12 and 13 on the reverse side of the form before TO BE COMPLETED BY CLAIMANT FOR AGENCY USE
completing this section. The displacing agency representative will help you.
(1) Monthly Housing Cost for Replacement Dwelling Unit to which you moved $
(From Ime (3), Column (c), IIBm 12)
(2) (~~o"~h~n~o~¡:n&'?~~~\~,<¡fe~~a~~ :~~~~"I,~~~~y) $
(3) (~h~I~~~ ~r ~~~~a~';;'~~ ~sistance, enter amount from Une (2).) $
(4) (~~o~~n~o~i~n&,?~~~f(~)~~:~~!J,,~nlt from which you were displaced $
(5) Claimant's Ability.To.Pay (From Line (3), Column (a), Item 13) $
(6) Enter the Le..er of Line (4) or (5) $
(7) Monthly Need (Line (3) minus Line (6)) $
(8) Amount from Line (7) Multiplied by 48 $
(9) (~~t~~?:~~~~t"b~ E'n~ng~l~~~ò~~i~~~~~~~~\~f:'s) $
(10) Amount of Advance Payment, if any $
(11) Amount Requested (Line (9) minus Une (10)) $
8. Certtflcaflon by Clalmef1t(s)
I CERTIFY that this claim and 8<Jpportlng Information are true and complete, that I have not submitted any other claim lor tho expanses listed and that
I have not been paid for tho expenses by any other source. I ask that I be paid tho amount on Une (11) 01 Item (5) In: ...lL onelump-8<Jm _Installments
(as spectfied in tho Remarks Section). My decision to rent or buy a dwelling was based on a full explsnetion by tho displacing agency representative
01 the difference between the types 01 peyments available (Rental AssIstance or Downpaymant Assistance).
Signature(s) of aimant(s)
'RC""
12. DETERMINATION OF CLAIMANT'S MONTHLY HOUSING COST (MHC)
MONTIilY
INSTRUCTIONS: The term "Monthly Housing Cost" Meens MONTIil Y HOUSING COST MONTIil Y HOUSING COST HOUSING
the everage monthly cost for rent end utility cher¡ es. FOR DWEWNG FROM FOR REPLACEMENT COST FOR
UtIlity charges Include reesoneble coots to provide heel, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE
hot w_, lighting, weter and 88W8f, and trash removeI. DISPLACED YOU MOVED REPLACEMENT
A p8f80n'8 monthly housing cost for a replacement dwelling DWEWNG
8ha111nc1ude one-- of the estimated reasonable
yearly cost for utility charges.
(1) Contract Rent S 525.00
(2) Average Monthly Utilities Not Included in Contract Rent.
(list each ~em below (e.g. g8S, electricity, o~, water)
and list amounts in columns (a) and (c))
(3) Total Monthly Housing Cost S
(Sum of line (1) plus all entries in line (2))
13. DETERMINATION OF CLAIMANT'S ABIUTY-TD-PAY
(1) Gross MonUy Income of All Adutt Members (18 years or old...) of Household
(list names below and list amounts in Column (a))
Lourdes Ojeda
Delia Hernandez
(2) Total Gross Monthly Income (Sum of entries In line (1))
(3) Claimant's Ab~ity-To.Pay Monthly Housing Cost (Amount on line (2) x 25% (0.25)) $
14, COMPARABLE REPLACEMENT DWELUNG
33 KingswoodDrive
Chula Vista, CA 91911
3 B/R, 1 I Baths - $ 765.00 + Utilities
15. REMARKS
Pacific Relocation Consultants S-/ó ,"CO"""
2
Claim for Rental or Down a ment Assistance Payment
PRIVACY ACT NOTICE: You are as ed to provide Is InIonnation In 0- to dotennlne whether you are eligible to receive e rental or downpayment
assistance payment You are not required by law to fumish this InfonnetIòn, but n you do not provide tt, you may not receive this payment or tt may take
longer to pay you. This Infonnatlon Is being collected under the IWtItorfly of the California ReIocetIon Aasistence I>D. (Gowmment Code Section 7260, et.seq.).
INSTRUCTIONS: This claim Ionn Is lor the use of femllies end individuals eppIying for e rental or downpayment assistance payment
A rep- of the dlspleclng Agency will help you complete the Iom1 end Infonn you of the InformaUon - you must provide In support
of this claim. n the full amount of your claim Is not epprt)Y9d, the Agency will provide you with e written explanation of the reason.
n you are not satisfied with the Agency's detennlnatlon, you may eppeal- detennlnatJon. The Agency will explain how to make en eppaaI.
,. Your Name(s) (You are the Clalmant(s)) 1a. Present Mailing Address(es) of Claimant(s) 1 b. Telephone Numbe,(s)
Jeannette O'Toole &: 3364 6th Avenue ( 619 ) 420-8104
Carol A. etroneIla i
2. Have ail members of the household moved to the same dwelling? -X-- YES - NO
(If 'NO". list the names of all members and the addresses to which they moved in the Rema"'s Section.)
Dwelling Address When Old You Rent When Old You Move When Did You Move
This Unit? To This Unit? Out of This Unit?
3. Unit That 459 n F n Street., It D
You Moved From Chula Vista CA 91910
4. UnitThat 3364 6th Avenue
You Moved To San Diego, CA 92101
5. COmputation at. Rental AssIstance Payment, Downpayment Aasistence Peyment
INSTRUCTIONS: Complete Items 12 and 13 on the reverse side of the form before TO BE COMPLETED 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 lone (3), Coiumn (c), Item 12)
(2) (~~0~h~n~0~):n&?~:n\~,q~e~2~~~ ~:~:'ó"~~~n~~g:~á(,)
(3) (~~I~:;r:r ~~~'J,,~.;~~r ~istance. ente, amount from Une (2).)
(4) (~~on:~n~0¡~tn80~~~ ~~)~~:~~~~nit from which you were displaced
(5) Claimant's Ability.To-Pay (Fmm Une (3), Column (a), Item 13)
(6) Enter the Lesser of Une (4) or (5)
(7) Monthly Need (Line (3) minus Line (6)) $
(8) Amount fmm Line (7) Multiplied by 48 $
(g) ~~t~~~~~~t"o~ ern~~ng~$~~~~~~i~~~~;~~ii~~S) $
(10) Amount of Advance Payment. 1/ any $
(11) Amount Requested (Line (9) minus Une (10)) $
8. Certification by CIaIment(s)
I CERTIFY - this claim end supporting infonnatton are true end complete, _I haw not submitted any other claim lor the - listed end -
I have not been paid for the expansee by any other source. I ask _I be paid the amount on Une (11) of Item (5) In: -1L one lump-sum _Installments
(as specified In the Remarlœ Section). My decision to rent or buy e dwelling was based on a full explanation by the displacing agency rep-
of the dlflarence between tha typaa of payments ava/labia (Rental AasIatance or Downpayment AasIatance).
S' natu'e(s) of Claimant(s)
,"CO""
.
12. DETERMINATION OF CLAIMANT'S MONTHLY HOUSING COST (MHC)
MONTHLY
INSTRUCTIONS: The teon 'Monthly Housing Coet' Meens MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING
the a_a mon1hly COS1Ior rent and utility chaI¡ ea. FOR DWEWNG FROM FOR REPlACEMENT COST FOR
Utility chaI¡ ea Include - CO81B to provide heat, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE
hot water,llghting, - and 118W81', and trB8h 111l11OII8I. DISPlACED YOU MOVED REPlACEMENT
A "","",,'s mon1hly hotJalng COS1lor a replacement dwelling DWEWNG
shall Include one-twelfth 01 the aatlmated I988OnabIe
yearty COS1Ior utility chaI¡ ea,
(1) Contract Rent S 525.00
(2) Average Monthly U@tles Nol Included In Contract Rent.
(Ust each nem below (e.g. gas, electricity, oil, waler) 28.00
and IIsl amounts In columns (a) and (c))
(3) Total Monthly Housing Cost'
(Sum ofUne (1) plus all entries In line (2))
13. DETERMINATION OF CLAIMANT'S ABIUlY-To.PAY
(1) Gross Montly Income of All Aduk Members (18 yeers or older) 01 Household
(Ust neme. below end list amounts In Column (0»)
Jeannette O'Toole
Carolyn A. Petronella
(2) Total Gross Monthly Income (Sum of entries In Uno (1))
(3) Claimant's Abillty-To-Pay Monthly Housing Cost (Amount on Uno (2) x 25% (0.25)) S
14. COMPARABLE REPLACEMENT DWEWNG
765 Manson Avenue
Chula Vista, CA
2 B/R, 1 Bath $ 695.00 &. Utilities
t5. REMARKS
Pacific Relocation Consultants ...5 - /"L; ",cml9O
~2
Claim for Moving and Related Expenses
Families and Individuals (State)
PRIVACY ACT NOTICE: You are asked to provide this information in order to determine whether you are eligible to receive a rental or downpayment
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 n may take
longer 10 pay you. This information is being collected under the authority of the Calnomia Relocation Assistance Act (Government Code Section 7260, et. seq.)
INSTRUCTIONS: This claim form is for the use of families and individuals applying for a payment of moving and related expanses. You may appiy for either
(1) a fixed allowance, or (2) an amount to cover the actual moving and related expenses incurred, as desehbed on page 2 of this form. A claim for actual
expenses must be supported by receipts or other evidence. A rapresentative of the displacing Agency will explain the difference between the two types
of payments and will help you complete the form. 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 hnw to make an appeal.
1. Your Name(s) (You are the Claimant(s)) la. Present Mailing Address(es) of Claimant(s) lb. Telephone Number(s)
Jeannètte O'Toole &: (619) 291-3318
Carolyn Petronella
2. Have all members of the household moved to the same dwelling?
(If 'NO", list the names of ali members and the addresses to which they moved in the Remarks Section.)
Dwelling Address How Many Rcoma Was it Furnished With When Did You Move
DldYouOccupy? Your Own Furniture? To This Unit?
3. Unit That 459 - D F Street -X- YES _NO
You Moved From ChuIa Vista, CA 91910 5 1/01/80
4. UnitThat 3364 6th Avenue 1114 . Excluding bathrooms, hallways and closets.
You Moved To San Diego, CA 92103 4/29/94
5. Is This a Final Claim: YES NO (If "NO", Explain In Remarks Section)
8. Computation of Payment (Complete 118m Ba or Bb)
Item
(1) Moving Cost
(2) Transportation Cost - Families and Individuals
(3) Cost of Insurance Covehng Move and/or Storage
(4) Storage Cost (Complete item 10 on page 2)
(5) Other (Explain in Remar1<s Section)
(6) Total Amount of Claim (Consult Agency for amount of fixed allowance) $
(7) Amount Previously Paid (If any) $ $
(8) Amount Requested (Line (6) minus Line (7)) $ $ 593.04
7. Certification byCIalmant(s)
WARNING: II you knowingly or deliberately make false statements on this form, you may be subject 10 civil or criminal penalties under SectIon 1001 of TltIe 18 of
the United States Code. In addition you may not race/ve ""f of the amounts claimed on this form. I CERTIFY that this claim and supporting information ara true
and complata, thet I have not submitted ""f other claim for the _listed and that I have not been paid for the expenaes by ""f other souroe. 'ask that
the amount on Uno (8) 0/ 118m (8) be paid directly 10: --'-'-- ME, or .JC- THE COHTRACTOR(S) (as speoltlad In the RemaJ1o¡ SectIon). My choice of flxed payme
In Ba or actual moving expenses In 8b was based on the explanation by the - roprasentatlve of the dlffarenco betwaen thesa types of payments.
Signature(s) of Claimant(s) Date
PAC"",
10. Supporting Data for Storage Costa (Descr1be Property stoeed In Rema<1<s SacIion or attach list).
Is This a Final Claim For Storage?: YES NO Computation of Storage Costa
Date Moved to Storage Date Moved From Storage item Amount
Name and Address ot Storage Company Monthly Rafe for Storage
Number of Months in Storage
Total Storage Cosfs
(Enter on Une (4) of item 6b)
Amount Previously Received (Include
This Amount in Une (7) of Item 6b)
Should Payment be Made Directly to Storage Company?: YES NO
REMARKS (Attacl1 additional sheets, n necessary):
MOVING AND RELATED EXPENSES WHICH ARE PAID FOR: MOVING AND RELATED EXPENSES
WHICH ARE NOT PAID FOR:
1. Transportation of individuals, fammes and personal property from the displacement sife to
the replacement site. Transportation costs for a distance beyond 50 miles ara not eligible, 1. Cost of moving any building or other real property
unless the Agency determines that ralocation beyond 50 miles Is justified. in whicl1 the displaced person raserved ownership.
2. Packing, crating, uncrating and unpacking of personal property. 2. Interast on a loan to cover moving expenses.
3. Necessary charges for the ramoval and hookup of appliances, equipment and other items, 3. Personal injury.
not acquirad as raal property.
4. Any legal fee or other cost for preparing the claim
4. Storage of the personal property. as determined necessary by the Agency. 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 PAc."'"
'" VV1VL.
SULLIVAN MOVING & STORAGE CO. " AGENT FOR
4660 ALVARADO CANYON ROAD UNITED
p.o. BOX 600100 J !N¡¡ if _n
SAN DIEGO, CALIFORNIA 92160
TELEPHONE: (619) 283-2146 '=" ¡¡¡ æ = ¡¡¡ !!!iæ æE!fJ'
TOLL FREE: (800) 854-2600 UN! ! ;...D@
FAX (619) 283-0527 Van Lines
AMERICA'S #1 FAMILY MOVER
TO INVOICE NUMBER
PACIFIC RELOCATION CONSULTANT 2885
ATTN: MARY O'TOOLE INVOICE DATE
3732 45TH STREET 5/10/94.
SAN DIEGO. CA 90802 P.O. NUMBER
CUSTOMER NUMBER
PACIFIC
3TOMER SALESMAN
:' ~~
SERVICE CHARGES &
CODE RATE CREDITS
602 LOCAL MOVES 5.75 87.75HR 504.56
611 PACKING MATERIAL 73.35
634 srlLES TAX T::.35 7.00% 5.13
INVOICE TOTAL 583.04
CREDIT SERVICE CHARGE 10.00
5-/5
'-".
O~"m.m",".,.. SULLlVA~h:~~;;~n~~~~;AGE co. l'l~ AM 2885
~i~ ~~ci~~~O9i~~YON RD. ~~:A~~~~~~~E9~~~¡EV ARD ~~¿O~~~~.E CA 92029 ::::..-::;' 4/29/94 ::
TELEPHONE, (619) 283.2146 TELEPHONE, {619) 757.3530 TELEPHONE, 1619) 747-3801 '-~"~~~~-------H-
<:ALP,V,C,T-"'", AGENTS FOR UNITED VAN LINES. INC. ~-",.,. ,"
:::0::" TODD
, , '" ".""." ,.", " """"""0"".""""",."""" ',., ,,' '..,' """".'
""",.", ""'" ,"" ".""""""",.""""".."..""""""
. . CAROLYN PE.'l'RONELLA FLOOR 1ST FLOOR
459 "F" STREET 4D APT. "0 APT NO
CllULA VISTA, CA 91910 PHONE SAN DIEGO CA 92103 PHONE 291-3318
PH: 420-8104 425-5473 (6TH ~ UPAS)
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"""""'.".""".II"""~_="",":::,,-=;:;;:=:~ - - !::J: 0
. .
BARREL DISH,PACK DRUM ETC.
CARTDNS LESSTHAN3CUBlCFEET
3CU.FT.
"I2CU.FT,
5CU,FT.
"'DRO" "'"" """"... "'" "
MATTRESS CARTDN. CRIB
INDTEXCEEDlNG,.X,,-
INOT EXCEEDING "'X '"
"X",EDlNG "'X '"
'" X ao-
MATIRE"COVER PtASTJCORPAPER
CORRUGATED CONTAINERS
CRATES OVER MINIMUM
CRATESIESSTHANMINIM"M
,-" '-~ '~=~=:::::.::~-=,,:::-;:;;:.:::,";,,~.~:~:.::":.-::::: TOTAl PACKING CHARGES
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Thís ,age íntenüonaIly lift blank.
s - /cf
Claim for Rental or Downpayment Assistance Pa ment
PRIVACY Ar;T NOTI E: You IIl8 osked to provide tills Intormation In order to determine whether you IIl8 eligible to receive a rantaJ or downpayment
assistance payment. You IIl8 not required by law to fumlsh tills Information, but ff you do not provide it, you may not receive tills payment or ff may take
longer to pay you. This Information Is being collaclad under the authority of tile Callfomia Relocation Assistance Act (Government Code Saction 7260. et.seq.).
INSTRUr;TIONS: This claim Iorm Is for the use of families end IndMduaJs applying lor a rental or downpayment assistance payment.
A representative of the displacing Agency will help you complete tile form and Inform you of tile Information that you must provide In support
of tills claim. ff tile full amount of your claim Is not approved, tile Agency will provide you with a written explanation of tile resson.
ff you IIl8 not satisfied with the Agency's ~lnatIon. you may appeal that determination. The Agency will explain how to make an appeal.
I. Your Name(s) (You are the Claimant(s)) I a. Present Mailing Address(es) of Claimant(s) lb. Telephone Number(s)
Josefa Perez 459 "pn Street' E ( 619 ) 476-1271
Chula Vista CA 91910
2. Have all members of tile household moved to the same dwelling? ---.lL YES - NO
(If 'NO". list the names of all members and the addresses to which they moved in the Remarks Section.)
Dwelling Address When Did You Rent When Did You Move When Did You Move
This Unit? To This Unit? Out of This Unit?
3. UnitThat 459 "P" Street' E 1/01/92 6/01/94
You Moved From Chula Vista, CA 91910
4. Unit That 280 "II" Street
You Moved To hula ist 91910
5. Computation ot --X.. Rental AssIs1ance Payment. Downpayment Assistance Peyment
INSTRUCTIONS: Complete Items 12 and 13 on the reverse side o/the/orm before TO BE COMPLETED BY CLAIMANT
completing this section. The displacing egency representative will help you.
(1) Monthly Housing Cost/or Replacement Dwelling Unff to which you moved
(From lone (3). Column (c), Item 12)
(2) (~~'::,h~n~0~i~n80?~~~\~,~~e~f~a~~ r::~~"v'i~~n~~~~~JIv)
(3) ~h~I~~: f~r ~~':J,1J.o;.;~~r Á~sistance. enter smount from Une (2).)
(4) (~~;.i:'~n~0~i:n80~~~ ~~)~:~~~~nff from which you were displaced
(5) Claimant's Ability.To-Pay (From Line (3). Column (a), Item 13)
(6) Enter the Lesser of Une (4) or (5)
(7) Monthly Need (Line (3) minus Une (6)) $
(8) Amount from Line (7) Mùffiplied by 48 $
(9) ~~~~~~~~~t"o~ ~rn~~ngra~~k~)~i~~~~~~~~\~f:'s) $
(10) Amount of Advance Payment, II any $
(1 I) Amount Requested (Line (9) minus Une (10)) $
6. Certification by CIaImant(s)
I CERTIFY that tills claim end supporting Information IIl8 true and complets, that I haw not submlUed any other claim lor the _listed end that
I have not been paid lor tile expenses by any other source. I osk that r be paid tile amount on Une (11) of Item (5) In: ...1L onelump-sum _Installments
(os specified In the Remarks Saction). My decision to rent or buy a dwelling wos based on efull expianatJon by the displacing agency reprasantatJve
of tha difference betwaen tha types of paymentB available (Rental AseIstance or Downpaymant Asslstanca).
Signature(s) of Claimant(s)
,"co..,
. - ..
12. DETERMINATION OF CLAIMANT'S MONTHLY HOUSING COST (MHC)
INSTRUCTIONS: The tenD 'Monthly Housing Co8t" MO8I18 MONTHLY HOUSING COST MONTHLY HOUSING COST
the averago monthly CO8t for rent and utility c:hargos. FOR DWEWNG FROM FOR REPLACEMENT
UtIlity c:hargos Include roosonobIe COS1s to provtdo heat, WHICH YOU WERE DWEWNG TO WHICH
hot waler, lighting, wotor and sower, and trosh removoI. DISPLACED YOU MOVED
A "",",,n's monthly housing CO8t for s roplacomont dwelling
shsIllncludo ono-twelfth of tho estimated roosonoble
yeorty CO8t for utility c:hargos.
(1) Contract Rent S 500.00
(2) Average Monthly Utilities Not Included in Contract Rent.
(List each item below (e.g. gas, electricity, oil. water)
and list amounts in celumns (a) and (e))
(3) Total Monthly Housing Cost
(Sum of Line (1) plus all entries in line (2))
t3. DETERMINATION OF ClAIMANT'S ABIUTY-TQ-PAY
(1) Gross Montly Inceme 01 All Adull Memben¡ (18 years or oIdo~ of Household
(Ust names below and list smounts in Column (a))
Josefa Perez 630.00
(2) Total Gross Monthly Inceme (Sum of entries in Line (1)) $ 630.00
(3) Claimant's Abllity.To-Pay Monthly Housing Cost (Amount on Line (2) x 25% (0.25)) $157.50
14. COMPARABLE REPLACEMENT DWEWNG
765 Manson Avenue
Chula Vista, CA 91911
2 BIR, 1 Bath Duplex $ 695.00 &: Utilities
15. REMARKS
Pacific Relocation Consultants 5 -.:J.-C; 'RC"""
P 012
REDEVELOPMENT AGENCY AGENDA STATEMENT
Item ~
Meeting Date -
ITEM TITLE: Resolution /1/5 Granting a 4 foot X 9 foot Easement on
Assessor Parcel Number 568-152-29 owned by the Redevelopment Agency
to San Diego Gas & Electric Company for access to its equipment on the
north side of the building at 311 F Street
SUBMITTED BY: Comm~;¡y Devclopm,", D~ (S '
REVIEWED BY: Executive Director~ ~ /'"'
(4/5ths Vote: Yes - No_)
Council Referral Number: -
BACKGROUND:
The remodelling and expansion of the lDM Building at 311 F Street (see locator map) requires
the location of electrical equipment at the northeast corner of the building. The equipment will
be Jocated in small room recessed into the building with only access from the RedeveJopment
Agency's pubJic parking lot on Landis Avenue and next to the subject property. San Diego Gas
& Electric Company (SDG&E) is requesting and access easement from the parking lot to the
equipment room (see "Access Easement" attached to resolution).
RECOMMENDATION: That the RedeveJopment Agency approve the resolution granting
the easement on the south side of the Landis Parking lot to SDG&E.
BOARDS/COMMISSIONS RECOMMENDATION: Not appJicable.
DISCUSSION:
SDG&E requires the easement in order to have access to the proposed electrical equipment room
from the City's parking lot (see attached site plan). The subject building has been there for a
long time and was constructed up to the property line. Due to the remodelling of the building,
the equipment room is being located on this part of the structure because it is the only suitabJe
area; the other building elevations have windows and doors which preclude location of the
equipment room. The easement will allow the door of the room to open toward the parking lot
and will provide access for SDG&E service personnel to the equipment room.
Staff has reviewed the request and finds that it is appropriate for the Agency to grant the
easement. The easement will be over an area of the parking lot where a sidewalk was
constructed for access to an from the building in question. This sidewalk will provide space for
the easement. The easement will not have any effects on the parking lot or its usage. In order
to protect the Agency and the City from any Jiability arising from SDG&E's use of the property,
SDG&E has agreed to indemnify and hold the Agency and the City harmless.
FISCAL IMPACT: Not AppJicabl~.
& -/
Thís fage íntenäonaIly lift blank.
¿-b
RESOLUTION /l-{lS
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA GRANTING A 4 FOOT X 9 FOOT EASEMENT ON
ASSESSOR PARCEL NUMBER 568-152-29 OWNED BY THE
REDEVELOPMENT AGENCY TO SAN DIEGO GAS & ELECTRIC
COMPANY FOR ACCESS TO ITS EQUIPMENT ON THE NORTH SIDE
OF THE BUILDING AT 311 F STREET
WHEREAS, remodeJling of the IDM Building at 311 F Street requires the
location of an eJectrical equipment room on the north side of the buiJding; and
WHEREAS, said equipment room will only have access from the City's parking
lot on Landis Avenue Jocated north of the subject property; and
WHEREAS, San Diego Gas & Electric Company requires access to service and
maintain the equipment in said room and requests an access easement on the Agency's property;
and
WHEREAS, granting said easement will not have any detrimental effect on the
Agency's property nor wilJ it interfere with the use of the parking lot.
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA does hereby find, order, determine and grants San Diego Gas & Electric
Company an easement located on assessor parcel number 568-152-29, as described in Access
Easement, attached hereto as though fully set forth herein and shown graphically on Exhibit 1
attached hereto as though fully set forth herein, for access to an electrical equipment room to
be located on the north side of the IDM Building at 311 F Street within the Town Centre I
Redevelopment Project Area.
PRESENTED BY: APPROVED AS TO FORM BY:
~t._'s ~
Chris omone, Executive Secretary and Bruce M. Boogaard
Community Development Director Agency General Counsel
[Fll.R\MZT DISK VIll\AoISDGEASMT.RES]
~-3
Thís yage íntenffonaIly lift blank.
h~1
Recording Requested by
SAN DIEGO GAS & ELECTRIC COMPANY
When Recorded
Mall to: SDG&E, P.O. Box 1831
San Diego, CA 92112
ATTN: Land Services, EB - 5
SPACE ABOVE FOR RECORDER'S USE
Transfer Tax None
SAN DIEGO GAS & ELECTRIC COMPANY
ACCESS EASEMENT
THE CITY OF CHULA VISTA, a municipal corporation (Grantor), for valuable consideration, grants
to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way upon, over,
and across the lands hereinafter described, to use as more specifically described hereinbelow, to provide Grantee
with the right of Ingress and egress, to and along this easement upon, over and across that portion of the lands that
Grantor owns on the date of this instrument.
The property in which this easement and right of way is hereby granted Is s~uated In the Counly
.of San Diego, State of California, described as follows: Lot 10 In Block "E" of MOHNIKE'S SUBDIVISION OF LOT
151n Quarter-Section 137 of RANCHO DE LA NACION, according to Map thereof No. 1284, filed in the Office of the
County Recorder of said County of San Diego.
The easement In said Lot 10 is described as follows: The Easteriy 9.00 feet of the Southerly 4.00
feet thereof.
Grantee shall at all times indemnify and save harmless Grantor against, and pay in full, all loss,
damage or expense that Grantor may sustain, Incur or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair or presence of Grantee's facil~ies and all necessary and proper
fixtures and equipment for use in connection therew~h, including any such loss, damage or expense arising out of
(a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage or expense and
claims for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantor, ~s
contractors, officers, agents or employees.
This easement shall be binding upon and inure to the benef~ of the successors, heirs, executors,
administrators, permittees, licensees, agents or assigns of Grantor and Grantee.
Grantor has executed this easement this day of ,19-
Drawn Svendsen THE CiTY OF CHULA VISTA
Date July 11,1994 a municipal corporation
Project No. 404398-030
Const. No. 2496441
AP. No. 568-152-29 By
~ -5
/- 820124a(S)
...- ..
.
STATE OF CALIFORNIA )ss.
COUNTY OF )
On 1994, before me, (notary's name)
(title of notary)
personally appeared
_personally known to me
_proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument. (seal)
WITNESS my hand and official seal.
Signature
¿ --£
~ 820124a(S)
10M EXHIBIT :1
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BLOG WALL AND PROPERTY LINE
5425 TRANSFORMER PAD ~~
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SHT I OF 2
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MAP 1284 MOHNIKES SUB. q
MAP 505 - CHULA VISTA - paR QSEC 137 ~ -- /
ROS 1097, 6298) 9329
Thís ,age íntenüonaIly lift blank.
~ -/°
REDEVELOPMENT AGENCY AGENDA STATEMENT
Item 1
-
Meeting Date 07/19/94
ITEM TITLE: RESOLUTION 1411 ADOPTING THE REDEVELOPMENT
AGENCY BUDGET FOR FISCAL YEAR 1994-95 AND
APPROPRIATING FUNDS THEREFOR
SUBMITTED BY: Executive Director ~
(4/5ths Vote: Yes- No...x..)
BACKGROUND:
The Redevelopment Agency, at its meeting of June 21, 1994: (1) reviewed and approved the
FY 1993-94 Agency budget; (2) reviewed the FY 1994-95 Agency Operating Budget; (3)
directed the City Attorney to analyze the legal aspects of a proposal to invest City funds in
acquisition of Agency-owned real estate; and (4) directed staff to further refine the estimates of
value of three Agency-owned properties being considered for possible purchase by the City.
While much of this work has been accomplished, because of vacation schedules the report has
not been placed in compJete form for presentation to the Redevelopment Agency so, instead of
a piecemeal report, it is recommended that this item be continued to the meetinl! of
Aul!USt 2. 1994.
[C:I WP51 IAGENCYIRA4S194-95BUD.RA4]
1--(
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jcOUNCILAGENDA STATEMENT
? ~~
-1 /Ie¡ /9'1- Meeting Date 0 ~/ 4 ~,
ITEM TITLE: REPORT STATUS OF BAYFRONT NEGOTIATIONS
SUBMIITED BY: Community Development Director L-_~,
REVIEWED BY: City Manager ø (4/5ths Vote: Yes- No.1L)
BACKGROUND: On April 5, 1994 the Agency discussed the status of negotiations with the
Mid-bayfront developer, and directed staff to report back in sixty days as to whether
substantial progress had been made towards completion of a Development Agreement (DA)
(minutes attached). Staff has made substantial progress, including the draft development of a
Pre-Construction Phasing Plan and a draft DA. Several negotiating issues have been
resolved between staff and the developer, a number of issues have moved toward concurrence
but are not finalized, and three major issues remain unresolved. The developer wishes to
discuss the three unresolved issues with the Agency members.
RECOMMENDATION: That the Council accept the report and direct staff to continue to
negotiate, refine and complete the Development Agreement and related documents as outlined
below.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
This report outlines the components of the Draft Pre-Construction Phasing Plan and the Draft
Development Agreement and indicates which Development Agreement issues are resolved,
which are making progress toward resolution, and which three remain unresolved. The
report makes specific recommendations on detailed directions to staff for further negotiation.
Finally, the report provides a brief status report on the Port District acquisition of 980 F
Street.
Pre-Construction Phasinl! Plan
The proposed Mid-Bayfront development is a very large and complicated project that does not
easily fall within the confines ofa standard DA. For example, additional environmental
studies and miti~ation reQuirements Dlan refinement requirements. and comDliance with
Agency/Council mandated conditions all reQuire a number of actions to occur after a,p,proval
of the DA. but before vestin~ of development ril!hts can take place. Staff, Special Counsel,
the developer and his consultants have reached general agreement on a Pre-Construction
Phasing Plan (attachment A) which will be incorporated into the DA. This Plan requires that
certain actions occur prior to submittal of the DA to the Agency and Council for approval and
that other actions occur before development may take place.
The Pre-Construction Phasing Plan requires certain actions to occur from now until issuance
of all permits necessary for construction. In general, the Plan provides for the following:
~J"""-I, f'-!
p Item H ~
Meeting Date GJ:14:94
7/17/l'/- Page 2
A. Documentation required in order to submit the Development Agreement to the : ' '.
Agency and Council such as a development phasing plan, funding mechanism for the Nature
Center, indemnity agreement and information on the development entity.
B. Actions the Developer will take within 30 days after execution of a
Development Agreement (e.g. hire a project manager, open a deposit account with the City
for City staff time).
C. Actions the Developer will take within 180 days of the appeal period for
approval of the Development Agreement. These actions consist primarily of submitting all
engineering and other documentation necessary to obtain a coastal development permit (such
as precise plan, biological resources management plan, habitat restoration plan).
D. The parties agree that unless all Conditions to the Effectiveness of the
Development Agreement are satisfied within 24 months of approval of the Development
Agreement, the Agreement will be subject to termination at the City's discretion.
Draft Develooment Al!reement
A draft Development Agreement has been prepared (copies 'are available in Community
Development for reivew). The Table of Contents is attached as Exhibit B. The major issues
addressed by the Development Agreement on which general agreement has been reached
include the following: ()
A. Procedural Requirements for approval and administration of the
Development Agreement.
B. Conditions to the Effectiveness of the DevelQpment Agreement. The
Agreement will not become effective until the Developer obtains all of the approvals
necessary to obtain his initial coastal development permit for work on the project. This
includes completion and approval of the Central Resort District Master Plan, Habitat
Restoration Plan, Biological Resources Plan, Public Facilities Financing Plan, Affordable
Housing Plan, CUP for shared parking, etc. The Agreement provides that such approvals
must be obtained within 24 months of the execution of the Agreement.
C. Cjty/A~ency Obligations. The City/Agency will be obligated to
do the following:
i. Commence an amendment of the Redevelopment Plan within 30
days of the final appeal date of the approval of the Development Agreement (the Agency has
previously authorized the staff to undertake the Plan Amendment).
ii. Process the Developer's development applications in a timely
fashion.
~ cP-¿
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".
-.."--
? Item ~
7/¡ct /9'!- Meeting Date ~
Page 3
iii. Use the initial Cultural Arts Facility payment to hire a
professional fund raiser.
iv. Pay the incentive to the Developer. The parties are agreed on
the cap and formula for payment of the incentive payment which have been approved by the
Council. This formula also includes incentives for the construction of the skating rink/sport
facility as previously approved by Council.
D. Dedication of Parkland. All required parkland will be dedicated by
developer and developed within the first Phase of the development with the exception of a
few acres adjacent to the property at 980 F Street which will be acquired by the Port District.
This property will be dedicated concurrent with approval of the Development Agreement in
order to allow development of a reasonably sized park on the Port District property.
The issues on which progress has been made, without final resolution, are as follows:
E. Developer Construction ObJigations. The Development Agreement will
require the Developer to comply with the Pre-construction Phasing Plan or the Agreement
will be subject to termination. The Agreement does D.Ql require the Developer to construct
the public or private improvements on the Bayfront. However, the Agreement will be
structured to encourage the Developer to construct the improvements as early as possible.
The approved Local Coastal Plan requires the development of parks in the initial phase. A
number of provisions will relate to this issue as indicated below:
i. Any reimbursement received by the Developer must be paid
prior to the date which is ten (10) years after the termination of the Redevelopment Plan (July
2024). This assumes the Plan is successfully amended to extend the termination date to 2014.
Everv year of delay in the construction of the improvements wiJI reduce the total
reimbursement the Develooer can receive. The Developer is aware of these constraints.
ii. The vesting provisions may be designed to further encourage
early commencement and completion of construction. The City! Agency proposal on vesting
has not been presented to the Developer as yet.
Hi. Although the Agreement does not compel construction, in the
event the Developer chooses to construct, he must construct in complete phases as defined by
the Agreement. In order to commence construction of any phase, the Developer must
demonstrate to the City and the Agency his financial capacity to complete the phase, and the
completion of all public and private improvement within the phase must be guaranteed. The
Developer is aware that this concept will be included in the Development Agreement. Illi:
individual phases must still be defined.
F. Vesting of the Land Use Entitlements. The City! Agency are currently
formulating a proposal for inclusion in the Development Agreement terms for the duration of
vesting of the land use entitlements relating to the Property. The proposal will be designed to
~ cf~3
.,..., --
ð' Item J~ ~
Meeting Date ~
- 7/1'flq'j-
Page 4
encourage commencement of the project by providing for early termination of the vesting if n
there is not sufficient progress toward development.
G. Vestinl?: of Fees and Exactions. The City/Agency staff is currently
creating a list of all applicable fees and exactions to determine whether any fees should be
vested and if so, for what period of time.
H. Cultural Arts Facility Payments (CAF), The Agreement contains and
the parties have agreed to the dollar amount and the timing of the Cultural Arts Facilities
payments as approved by City Council. The remainine issue is the flature of the assurances
and security for those payments which will come due after construction of the initial Dhase of
the project. The Developer is currently in the process of hiring a financial consultant who
will assist the Developer in spreading the various fees, mitigation measures and other costs of
the project over the various land uses within the project and determine the method of
guaranteeing payment of long term costs including the nature Center payment and various
mitigation paymenls as well as the CAF payments.
1. Nature Center Payments. The parties agree on this issue with the
exce,ption of the commencement date of the payments. The City/Agency position as approved
by City Council is that the payments should commence prior to issuance of the first grading
permit for the project but no later than January 1, 1996. The Developer's position remains
that payments should commence upon the issuance of the first occupancy permit for the 0
project as this will coincide with the initial stream of income to be generated by the project.
The parties remain at impasse on this issue. The developer's financial consultant will address
the mechanism for assessing Nature Center payments (how it will be assessed).
J. Assienment Provisions. There are some remaining issues relative to the
sale of portions of the project prior to the cofT1Pletion of the private improvements. These
include qualifications of transference of vesting rights and responsibility for CAF and NC
payments.
There are a number of minor issues which will be addressed by the Development
Agreement and resolved as the various drafts are completed. It is anticipated that a final
Development Agreement will require at least three months to complete.
OUTSTANDING ISSUES
There are three major issues which remain to be resolved with the Developer. These are the
date for commencement of Nature Center payments, disclosure of financial statements of
project developers and evidence of qualified operators to operate hotels, tennis and sports
facilities.
I. Nature Center
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Meeting Date 06/14/94
Page 5
On November 2, 1994, the Agency determined that the Developer will be required to fund a
minimum annual payment of $500,000 for Nature Center operations commencing Drior to
issuance of the first e:radin~ permit for the project, but no later than January I, 1996.
The Developer agrees to make payments, but not to commence until issuance of the first
certificate of occupancy for the project so that Nature Center payments would commence
when the project begins producing revenue.
The developer wishes to address the Council on this issue. His request is due to the
tremendous front end costs of the project which include additional technical studies,
construciton of on and off-site infrastructure, wetlands mitigation and park development
requirements. An additional $500,000 annual expense before any revenues are forthcoming
will drain working capital necessary to get the project to the development stage.
2. Partners Financial Statements
The Preconstruction Phasing Plan requires that the Developer provide financial statements of
the development entity m:ÎQL.tQ submittal of Development Agreement to Agency and Council
for approval. The Developer will disclose who the partners are, but contends that if
financing is available for the project, financial statements of individual partners should not be
required. The availability of financing will assure that the project will move forward which
is the salient issue. The developer contends individual financial statements are superfluous
and contain information which should be protected from public disclosure.
3. Evidence of Qualified Qperators
The Phasing Plan requires that the Developer provide the City/Agency with evidence of
qualified operators to operate the hotels, tennis and sports facility within 24 months of
approval of the Development Agreement.
The Developer wishes to maintain greater flexibility in selecting operators beyond this period;
but, has agreed to provide evidence of financial capability and prior experience of intended
operators.
The Developer will address the Council on these items.
Recommendation
Substantial progress has been made in developing the Pre-Construction Phasing Plan and
Development Agreement. These documents require that all designated items must be
completed by the developer within 24 months following approval of the DA in order for
vesting to occur As these documents are refined, a number of additional issues will arise
which will require further negotiations with the developer. The process of refining and
completing these documents is anticipated to require an additional three months.
Staff recommends that Council direct furth~~ fOIl~WS: 02, Î-5
Item ~ ~
g Meeting Date o~
7/11/1'1 ' Page 6
1. Staff 10 continue to refine and complete the Pre-Construction Phasing Plan and
Development Agreement and report back to the Council within three months.
2. Favorably consider the developer's request to postpone the commencement of Nature
Center payments until the issuance of the first Certificate of Occupancy. The
proposed $500,000 annual payments to the Nature Center is a significant expense for
the developer and should most appropriately be timed to coincide with the initiation of
an income stream from the project. This project requires an enormous amount of
predevelopment expenditures including $1.5 million in Cultural Arts Facilities
payments, habitat mitigation and public improvements. Additional expenses levied
before development occurs will make it more difficult to get this project started.
3. Require the developers to provid~ financial statements of the development entity. This
is a standard DA requirement and will provide the Agency with information
concerning the developer's ability to undertake a project of this magnitude.
4. Allow the developer flexibility in identifying operators of hotels and sports facilities
subject to concurrence of the Agency based upon demonstrated experience and
financial capability of selected operators. The staff recommends that objective
standards for the operators be included within the Development Agreement.
Status of Port District Acquisition of 980 F Street
At the request of the Agency and with concurrence of the developer, staff has been working (J
with Port District staff towards acquisition of 980 F Street (Shangri La building) from the ....~.
Agency. This 2.5 acre property lies within the Mid-bayfront project area and is designated as
parkland on the approved Local Coastal Plan. There is potential for interim park
development through the Port's CIP process. If the Agency and the developer donate
adjacent parcels, a larger recreational project may be possible. (The developer has offered to
dedicate property designated as parkland under the LCP for this purpose concurrent with the
approval of a Development Agreement
Port District staff are currently having the property appraised based upon its former used and
zoning (visitor commercial) and their environmental staff are in the process of conducting a
Phase I environmental assessment of the property.
These studies should conclude shortly, at which time a final acquisition price will be
determined.
FISCAL IMPACT: Agency concurrence with the recommendations above regarding the
initiation of payments for the Nature Center will result in the prolongation of Agency and
City subsidy of opera~ions of this facility for perhaps 2 or more years (2 years would
represent a best case scenario). The current cost of operations is approximately $500,000
annually. The Agency is currently providing approximately $200,000 with the General Fund
providing the balance. Entry ticket sales currently provide a small contribution.
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Under the proposed reimbursement formula in the Development Agreement, the Agency will
be required to pay to the developer on a periodic basis through year 2024 an amount equal to
30% of the incremental Sales Tax and Transient Occupancy Tax revenues generated by the
project net of the cost of providing City services to the project. Property tax increments
accruing to the Redevelopment Agency from new development are I1Q1 included in the
reimbursement formula. However, to the extent available, the Agency may use property tax
increment revenues to satisfy developer's 30% Sales Tax and Transient Occupancy Tax
reimbursement right. To the extent property tax increment revenues or other Agency monies
are not available to pay developer's 30% reimbursement, the Agency will enter into an
agreement with the City for the loan of sufficient funds by the City to the Agency to pay to
developer its remaining 30% reimbursement amount. Such amounts would be repaid to the
City out of subsequently available tax increment funds. Under the reimbursement formula,
the following are estimated revenues to be received by the City (over and above the cost to
provide City services) and developer through year 2024: City, $111 million and developer,
$45 million in annual total sales tax and TOT. Annual tax increment revenue from the
project after completion may be as high as $4.5 million.
Attachment: Council Minutes - April 5, 1994
[SSlMisc.Disk#5/bfstatus.113]
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Minutes
April 5, 1994
Page 5
. . . Agency/Council Member Horton returned to the meeting at 8:02 p.m. . ..
13. CHAIRMAN'S/MA YOR'S REPORT/SI
13a. Suspension of Bayfront Negotiat.ions Pending Satisfaction of Cityl Agency Conditions
CbairmanlMayor Nader gav" a brief baclcground on the project. He had not sc:en any indication that Mr. Barkett
was oa the verge of coming through with an agreement that met conditions as defined by the Agency/Council. He
felt there was an extraordinary amount of staff time ""ing spent 00 those negotiations. It was his sense that the
Coll1D1W1Ïty Development Department could use more staff hours on many other projects to the benefit of the City,
but the City was continuing to negotiate with someone who was not coming through with anything to meet the
conditions established by the Ageacy/Council. It was time to send a message to Mr. Barkett that the City was
serious about the conditions and parameters set on the Bayfront Plan and would not compromise on the quality or
what bad to "" included. The way to send that message would"" to stop going back to Mr. Barkett and tell him
to come baclc to the City wben be met the City's conditions with a specific response that could"" taken to the
Ageacy/Council.
MS (Nader/Fox) to direct staff to suspend negotiations on a development agreement with Mr. Barkett until
such time as be comes forward with a proposal, or someone able to execute a proposal, comes forward with
a proposal that substantially meets conditions that the Agency/Council set.
Agency/Council Mem""r Fox questiooed whether more would be accomplished by suspending negotiations.
Sid Morris, Assistant City Manager, respooded there was a fundamental legal question that required City staff to
negotiate with the owner of the property based on previous Agency direction. In terms of the specific negotiations
with Mr. Barkett, staff had a series of on-going meetings which had been flUStrating at times and fruitful at times.
Staff bad been able.to reach agreement on a variety of issues and believed there was probably light at the end of
the tunnel. In terms of specific timing be (.,It it would be brought back to the Agency/Council in about two months
with a draft disposition and development agreement or owner participation agreement with the property owner.
ams Salomone, Director of Community Development, felt it would be back ""fore the Agency/Council in
approximately sixty days.
Agency/City Attorney Boogaard stated the City granted entitlement for a specific plan and general development pIau
cooditioaed 00 executing a development agreement with the developer. The City could not conditioo the
entitlements 00 negotiating a development agr"""""'t and refuse to participat" in negotiations. The statement put
forth by the Mayor was different than what bad been I"gallyanalyzed to the extent tbat the Mayor bad suggested
that the City had already negotiated in good faith by laying down a set of conditions, which the City found
acceptable, and to suspend further debating about them until the City received a response, which Was not a
suspeosioa entir"ly of negotiations, but more a matter of pulling th" ball in his court to come up with a last, best,
and fiaa1 offer. What was being proposed was not quit" a susl"'llsion of n"gotiations, but requiring him to come
bacIc with a proposal.
CbainaanlMayor Nader stated be way saying that th" Agency/Council bad stated the conditions and parameters they
were looking for. the ball should be in the developers COIIrt for a """",ingful response for considcoration.
Ageacy/City Attorn"y Boogaard stated the three avenues were: 1) continu" negotiations as presently being done;
2) put down a last, best. and fmal offer; and 3) remove the condition of th" entitlement that there must be a
development agreement.
CbairmanlMayor Nader stated he did not want to remove the condition and his intent was not to put the owner in
a position where be could not develop. His intent Was to stop sending him the message, which he felt the City had
been sending, thaI the majority of the Agency/Council did not have to be taken seriously regarding the terms
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AprilS, 1994
Page 6
because staff would meet with him regardless of wbether be came close to meeting those terms. He needed to (
unden;tand that if be could not meet those terms he should seek participation from an agency such as the Port
District or a consortium of other local developen;. He was not trying to suggest that the City would not conclude
a development agreement with the developer, be was trying to be very clear about what kind of conditions that
would be necessary to COIIClude a development agreement. He felt the weekly meetings were sending a mixed
message on that point.
Agency/Council Member Rindone CODCUned with the assessment that the City should not grant any conditions unless
a DDA was completed. The last major vote on the Bayfront was a 4-1 vote and be voted no as he felt they should
not move forward until there was a development agreement as that was the nexus of the issue before them. He
questioned if the Agency/Council could refer the item back to staff to develop an agenda item recommending the
lUSpCDSion of Bayfront negotiations and also allow the developer a chance to participate and respond to that and
provide a justification as to why the Agency/Council should not suspend negotiations.
Agency/City Atturney Boogaard stated in his business judgement, given the history of negotiations, the
Agency/Councii should request a report from staff as to the status of negotiations and to propose for Agency/Council
approval a last, best, and fina1 offer rather than to phrase it in terms of order to show cause why the City should
DOt suspend the negotiations.
ClairmanlMayor Nader questioned whether that would meet Agency/Council Member Rindone's intent.
Agency/cOuncil Member Rindone respond""' that it covenod the intent and would provide an opportunity for the
developer to assess wbetber be was interested in continuing under those conditions.
ChairmanlMayor Nader stated it would fulfill his intent. He felt the City bad made its last, best, and final offer
at the last meeting and he did not want to send a message that they were backing off that, but staff could draft
something that embodied the previous Agency/Council discussion and direction and bring that baclc as a last, best, C)
and fina1 offer and put that on the table.
Agency/Council Member Rindone the concern was whether it was financially feasible, which was the nexus of the
entire situation.
Agency/Council Member Moore stated he bad seen many strong economic efforts fail or be suspended. He did not
feel the City should be disappointed that a major project, such as the Bayfront, was not on a platter and ready to
&0 in such economic times. The City would not win by ignoring one of the major property owners of the most
valuable property in Chula Vista. The City could not SlOp negotiations. Redevelopment meant the Agency/City
was a partner.
Agency/Council Member Fox felt Member Moore was correct, it was not an easy issue. He did not want to be
personally responsible for slowing things down. While the motion was well intend""', he felt the uuintended results
would be the disruption of negotiations and even further delays. Staff felt they would be returning in sixty days
with a DDA.
Mr. Salomone stated staff was at a point in the negotiations where the developer would have to spend a lot of money
to discover the things that the City needed to know, i.e. engineering constraints on the site, soil conditions, costs
of putting in the underground facilities, ability of the sbale beneath to support the high rise buildings. The developer
was willing to do that and be suspected that he would use the resources from the sale of the parcel in National City
to do that discovery on the project. He did not fcoel staff could bring baclc a development agreement, but the
framework of a development agreement within sixty days. He felt it would be the end of the year before they had
the development agreement because of the geotechnical, soil, and physical analysis that had 10 be done.
ChairmanlMayor Nader questioned if Mr. Barlcett needed to get all the infonnation described in order to continue
fruitful negotiations for a DDA.
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April S, 1994
Page 7
Mr. Salomooe responded thaI the DDA would talk to the feasibility of the project, the fInancial partners, etc. aod
there were leey elements that were unknown.
ChairmanlMayor Nader stated be understood that aod agr<ed with iI, but if there were key elements that Deeded
to be Icoown before concluding a DDA, why Was the City sitting down in weekly negotiating sessions instead of
saying that the agreement would be hammered out when all the information was available. In the mean time staff
could be spending that time developing the high techlbio tech zone, negotiating with firms interested in locating in
CbuJa Vista, etc.
Mr. Salomone responded that staff was providing the developer with time frames, fee structures, aod the type of
data be needed to know, i.e. bow loog it would lake for bim to get his grading permit, bow much his fees would
be, etc.
ChairmanlMayor Nader fell that could be provided without extensive staff time.
Agency/Couocii Member Moore questioned what percent of the Economic Development Manager aod associated
staff time was allocated to the Bayfront.
Mr. Salomooe responded that none of ber time was allocated to the Bayfronl.
Chairman/Mayor Nader stated she Was very short staffed aod other personnel in the Community Development
Department should be available to assist her.
SUBSrITurE MOTION: (Nader) direct starr to develop, based on past Agency/Council discussion and
direction, a proposed last, best, and final orrer to be brought back to the Agency/Council for consideration
SO that it would be dear to the Council, starr, and Mr. Barkett what the City's tenDs and goals were that
needed to be met. Motion died for lack of second.
SUBSTITUTE MOTION: (Rindone/Moore) direct starr to bring back within thirty days an updated progress
report and recommendation on continuing the negotiations.
Agency/Council Member Moore questioned if the Maker of the Motion would agree to the inclusion of
scheduled intents SO the report would deal with the past, present, and future. Agreed to by the Maker of the
Motion.
ChairmaolMayor Nader stated one of bis concerns was that there was a very small window of opportunity with the
Port District. He questioned whether it would be the intent of the motion that staff would, as part of the report,
present options for pursuing Port involvement or any options that would assure thaI the project would actually be
built in a way that would be a credit to the City. Options would include, Port involvement or persuading or
inducing Mr. Barkett to involve other developers or partners. He was very concerned when looking at what
happened in National City with the botel and marina project. He wanted staff to start looking at other options.
Agency/Council Member Rindooe stated be did not bave a problem with that. Staff bad indicated that there were
several decision points that the developer bad to meet or fold and that would be within the thirty days.
Mr. Salomone stated he did not want to classify it as being within that thirty days, but he felt it was within sixty
days. Staff would have the report back to the Agency/Council in thirty days which would focus the issue for the
developer and the City.
Agency/Council Member Rindooe stated be would not support sixty days for the report and assessment. He felt
they øeeded something in hand to review and evaluate.
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April S, 1994
Page 8
Agency/Council Member Horton stated it was her understanding that the motion on the floor was for sixty days.
She would not support thirty days as she did not feel it gave staff or the developer enough time to work On the
report.
Agency/Council Member Fox fell due 10 the time sensitivity for Port participation they should move up the date
10 thirty days for a progress report on polenlial Port participalion.
AMENDMENT TO MOTION: (Fox/Horton) 10 direct staff to return in sixty days (6/7/94) with a Progress
report and recommendations on rontinuing the negotiations, and a report in thirty days (5/17/94) regarding
the potential of Port inYoIvement in the project.
CbainnanlMayor Nader IIIated the current molion was thaI the first increment of the report dealing with only the
Port participation would be due in thirty days and the second incremeol of the report and the final offer by the City
would be due in sixty days.
Agency/Council Member Rindone staled he could support the thirty day period for a report on Port participation
bul could not support sixty days for the remainder of the report and final offer. Therefore, he would vote against
the motion.
CbairmanlMayor Nader agreed with Member Rindone's comments.
VOTE ON MOTION AS AMENDED: approved 3-2 with Nader and Rindone opposed.
13b. CbainnanlMayor Nader stated he wanled 10 see the Bayfront developed in a quality fashion. He suggested
thaI prior 10 approval of the specific developmenl plan thaI 1-2 members of the Cily Council and Design Review
Commission pick OUI 2-3 eumples of where water related urban high rise was done successfully and visit those
projects. ()
14. AGENCY/COUNCIL MEMBER COMMENTS - None
......
.
URGENCY ITEM OFF AGENDA: AGENCY RESOLUTION 1399 AUTHORIZING THE USE OF
REMAINING FUNDS IN CIP RD#217 FOR THE CONSTRUCTION OF A RAMP FROM THE
SOUTHERLY TERMINUS OF BRANDYWINE AVENUE TO THE PROPOSED BRANDYWINE PARK
SITE-OUe of the cooditions of approval of the Auto Park was the provision of a site for a neighborbood park which
was designated in the City's General Plan in the vicinity of the Auto Park site. To access the park site from
Brandywine Avenue, a nunp must be provided lraversing the slope. The Ageucy is requested 10 authorize use of
funds remaining in Aulo Park Site Acquisition Accounl for this purpose and 10 direct the City Manager 10 authorize
Granite Construction Company to complete this work prior to landscaping work being completed on the slope and
before Granile Coastruction removes its equipmenl from the vicinily in order to save the City money. Staff
recommends approval of the resolution. (Community Development Department)
Agency Member Moore stated the grading equipmenl was currently on sile and the conlracl was ruMing out. The
nunp needed 10 be in place before the planling could be dooe and action by the Agency would make the project
more economical.
Agency Attorney ßoogurd stated the item arose after the preparation of the agenda and could not wail out of
oecessity until the DCJ<t agenda. It would take a 4/Sth's vote by the Agency 10 place it on the agenda for discussion.
Fred Kassman, Redevelopment Coordinator, infonned the Agency that il would be more costly if action was nol
taken. Sl8.ff received the bids on Monday.
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wun u~ "'" ...c....c EXHIBIT A
6/3/94
/'" . .. CHULA VISTA BA'YFIWNT
PRE-cONSTRUCTION PHASING;PLAN
Develonmem Áf'W'mPnt ~ i
I.
. .
A. Staff aDd DcvcIopct- 8Ubmit a proposed Devdopmem ÅglœmCDt to A:ctJçy aiJd
CoImcil for ""'I""'-tioa. If 113ft' 1114 developer ~ DOt in fUll asreemeot a HIt of impasse
ftcms shall be 8UbmiUcd ~ with die cfevcJqrøm agrccmeat.
B. It8ms œqalred 10 8Ubmit proposed Devo1opmeat Agreement for AgerJcy and
CounciJ. Considœatiœ; .
1. DmCt ~ which ÜII:Jude8:
L A Phaåiøg Plan.
b. PImdIDg """""'niSIn for the NIC. Woe: Win the agreement
~ by the puties comply with tbð LCP or wilt an ,m~n"ri ¡equhed'1 (Nato: 1boro is
c:auaztI.y 110 ~ 0l11be ~ dam for dJD NIC paymœu)
c. "PuDdiøg IIgœeIDmIt for dJD CAP (agmmmt.has bceo lC8cl1ed on
this issue).
d. TCIJIII of CJtyIA$;øc¡ rcimbunIemcDt to die Devdopcr.
2. IDdemnity ~
Cltvl A- ~ - Deve1oper iDdemJõfy a:ad defend any tbiJd party
1Itigatioø. œIat1Dg 10 the BDtitl"ØlClltS or the DøvcIopmaJt Agrœmœt.
~eIøUer 'PIonrvwa1 - Developer decides wbdbe: or DOt 10 cIdeod or to
fCmÚD3tc the Agn:emmtt. If c::booIea 10 defi:nd will fIInd defense; if cOOosca to Immiøat.c
agtce.meut 110 i""""'nlfj""tion.
3. Iatoønatian œgardiøg IIIbIm of deYeIqImeat eadty iDc:1uding HIt of all
.. partœrs.
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4. Fínancla1....,...,,-s of development entity.
. DeveIouer Pro-I- Provido 81IDI.IDary ïitrormation - something leas than
a full 1'inan¡:W statement,
! 5. Þldiminary TitIo Report on~.
6. In'evoœb1o Offer of Dedication of DOt to exceed acres of land
~ to:1he property to be acquiæd by the Port Distrlct 1m.: iDc1usIon. in a comm1Dlity p¡uk.
:
:
n. Wilbin T!JirC:y ~Y'I After ~iminn of the AweaI Period nf the .ADDmv3J lIIereInafW
"Ftnal ADDroval"' of De\.oe1onment Ai!'~"CDt.. DcwÏopcr shall do the folIowin2':
A. Hhe a project IIUUIIIger as DeveIoper's liaison with City Itaff aDd cousuhaDts in
¡nvcessing of the dcvcIopmœt approvals.
B. Open a depœit 8CCOUDt to fund the cost of City Itaff aud ~ - in. tfIt¡ review
ind processing of:Dcvdopcr' 8 dcvdopIœut IIppIOVÙ8.
c. Pay the required deposit 8JId IDIhodze hmDg of a consn1taDt to prqmc the project
level EI:R.
D. AutlwûzcDcvdopct'¡ OQI:Ion1wlltð to comlllCÐce wœk OIU~\limd ~gjneeñng IIIId tJ
arvIromuema1l1Ddics 8JId oommenœ preparation of all ttncu'1len.ts œqubed as coodidoas to
~ of the Devclopmem ÅgrCCmaIt.
m. Within ~ ~ Aftr:r Final Appmn1 of a ne-1Q1!"'ront A............1'7II Astmcy sIWI'
Cnmm-M ptOCe$SÌIIg an JlmCfttJmmt of the RÞdcvcIopmcat Plan far the Bayûont
Rcdcvdopmcm Project to bóDg the land use provisions iDto cxmCOIDIaIIœ with the LCP.
.. IV. W"rtlrin 180 ~I AftI!I' MnaI Approval of the Dev~ent ~......m Develq¡er shall-
A. Submit to City drsfts of thð foI!owIng œquirrd doœmcnrs:
1. Cœtra.I Rœart DisIrlá MMtcr Plan.
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2. Habitat &storation and Management pIaU.
3. Biological Resources Management PIaJ1. !
4. Pub1ic Facilities Ymaacing Plan.
I i
. S. Air Quality ImpmvcmcDt ÞIan..
, 6. . Water ComcrvaIion Ptan. :
I . .. . .. ...
7. Pmb ad Re88cntloa Mutcr Plan.
. 8. Affordable HousIng T"Ip~nn ~
9. Completed Application for reatadvc mct,DI3p 8IId grading permit.
10. Specific Plaa-whlch iocJudcs a cIcsIp ~ and a 8Ign ~.
11. App1iœtiœ for CUP for 8barcd pøkiDg. iDcloding Jcascs for avcrlJow
parking on SDG&:E property.
Provjded that dID ~'. pmjcct maIIIgC% is hired aM funbcr provided that all of the
above Iscøu are 11(1( submitted to CIty 1IIith!n my two-week perlod. City MIl 'lVitldn 45 clays of
m:eipt of each of tho above items prcMdo DovoJopcr with a wriI.tco sta1cmcI1t as to tho
tnn\p1MÜ'm sb1us of each Jtesa. 'I1Ie written statemeot sb:a1l ÚlCIude a list of c:orredioaI and
8drIiti.......t items æquircd for tile appIicatIoDIcIocumem to be cIccmed complete.
V. All ConditiomI to Bffec:liveøess of the DeveJooment A...-met1t 8baIl be I'nmn "JpA within
24 months of tho ~ of chc DevcIoDmcot A2teemcøt.
A. The effoctiveaess of the Devdopmeat Agreement will subject to the comp1etion
of the foIlawing cooditions within 24 mœths of çproval of the DevcJopment Arreemcat.
1. CompJiaDœ with or pmvisIon of adequate 'W"1.'~ of tirtnrc campliaocc
(mcluding finaucla1 ....""~) an "rr.utitinnR of RntIt ,mNlb" imposed by City Council
RcsoJution 16838 IDd 0rctinaDcc No. 2532. Noœ: All oonmtions aha1l be complied with except
those whiçh ~ a couta1 cIcvdqmcat pc:mIit.
2. Appcvva1 of a Cadra1 Beaort Dûtdct MII!teI' Plan (appmwxI as . procisc
plan per CVMC).
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3. Approval of a Habitat Restomtion and Management PIan (LCP
Amcudm~).
4. ApprovalofaBiological~ ManagancntPian (the "BRMP") (LCP
Amendment). Por&uant to the cur:teIIt LCP, the BRMP must fnclndë:
a. aD æquhed œ&Rs, ordinanœs aDd policies IICœSSary to
implement ~ añorcc thð BRMP;
b. CBQA JII1rfg;11im1111O1Útod11g progmm.;
c. pmIator ~ plan
:
cI. human activitie& plan;
i IaDdscape de8ip. and managemeat plan;
o.
f. Watet' quaIity/mn offJdrainage awaagement pJan;
g. madfIat aDd wetJaod JDODitmiog plan;
h. project Iigbting plan;
L COIIStnICIion rnnrñtoring and maœgemcnt plan.
5. Approval of a Tadative Tœ:t Map for the Property.
6. Approval of 111 Pcdeza11Dd Sta1e Permits (404, Water Quality etc.) ()
œcessuy to complete gt3diøg of tile entire Property and coastruction of lagoons.
7. ImpI....._riIIn or usm:ance of ñrtpLom""'*tiol1 of nritig;otl.-q¡ measuœs
æquirod by tbo œisting EiIR aDd known mitlgl'tIQn IIICiIIIiIIœS required by tho project level ElR.
8. Approval of me 'ÞUhIiC FaéiIitics FûIaDciDg Plan.
9. Approval af the AIr QuaHty Improvement Plan.
10. Approval of the Wmc Coaservmœ Plan.
11. Approval of the Parks aDd lœcrea1ion Master Planes) to be approved pzior
to or eo!lCU1TCÐt with thcMaster P..Ian for tbc Ccotml Resort Disttk:t (may be split into Z parts
(a) west of the central resort district IUd 8OIIth of die acœu road to the NlC; (b) west and DOEtb
of the CCDtIa1IC!Ott dim:ic;t.
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.JUi æ '94 1~:51
12. Approval of the Affordablo Housing Impl""'~tiQn Plan for 100 1IIÚts;
,50 low/50 ,mod., mcIuding plwing of the affordable ÞousIng Idati.~ to tho constnJction of !
r'. . private improvements 011 the propetty.
13. Issnanœ of Coutal Commkåon Fmdiug;tbat DcwIopmcxtt Agreement is
Consiste:It with tho LCP as amended. :
; Rdmbursemeot of City sbItf 8Dd conauJtaDt CXJStS fncmred SÍDCC the
14.
approval of tho DevelDpmeut Agrcemeot and my prlor ~ costs as required by Ole
DeveIopmcot Agn:œaeat.
15. S"bmi«l..... to City or City's dcdgaec of pant d=Is or irrewx:ablc offen¡
to dc:diCaœ all Required Dedk:atioos,
16. CompIcti.on aød Ccrtificatioa of a P.tttjcc:t 4w1 BIR.
17. ~ to City ot eXeCuted .~""t, wi1h all affected 8Ohool
distdcts.
18. Approval by City of SpecIfic Plan inctudiDg a design package aød a alp
package.
19. Developer sbaIl provide to CIty BvIdeøce of FimDciDg for at least all Phase
I development aDd If evideaco of fiaanång Is DOt available for 8Ub8equcut phases a statemeøt
from Dcvdopcr rog¡uding UIÜcipatI1d IiUIm:C5 of funding flit' ~ pIwœ.
DcmIIoaer desires r.htffi""tÏnu of the Jcvd of dcWl required.
20. Developer &hall provide City and Ageøcy with evideace of qualified (to
be clcf"mcd in the DcwIopIIICIIt A&œcmcøt) operators to opcQte die holds, tennis facility aød
sports f'adlity in the Ceøttal ReaoIt District.
Den!IQpeI' MdI'PlC right fr cbange operatorI - DOt be confined to the
q¡eator II3IIICd prior to construction.
21. roc approvIl or aU railroad1troDey CfO8SÙIgS and safety devÊI:IS m¡uiæd
for access to tho Property from os: ~ "P. Street and tbe MoIziotis Proporty.
22. Apeemem amoag tbe City, A¡erIcy IDd DeveJoper, iDcIndiDg a dmeCabIe
for implementation œgmIing the prov1s on of access to the c:uuœtI.y hntllnclœd Af.oøt:y
property (McmoIis Þropetty).
.
-/21277.1 5
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Develooer is willing 10 addæ.ss this noW and reach øgrccrncDt pIilir to
submitting the Development Agreement 10 the CooDcll.
B. The Agcw;y sha11 use its best efforts 10 ~1de the Am.....m,,""f of the
Redeve1opme:irt Plan for ~ Bayftont Redevelopln=t Project Witbin 20 months after IIpJJ1UWl
of the ~ment Agœemcnt.
,
VI. ~requisiœs 10 First Bavfront ('.noooh1 Deve1ooment ~
A. Prior to issuaDcc of the first coastal. døvclopmcDt pcmút, aD. of the items in
Sections I - V above IDIJ5t be compJiod with 12hu the rana...
1. 1íœvoc:abIe Offer of Dedication or Gmnt Deeds sball be ICCOIdcd for all
interests in laud required fur public access including fuD. street (IM;""ti""", open sp;u:c or
coøscrvation as rcqu.ired by the LCPj
2. Iuevocab1e aft'en of d~()I'I or gmtt deeds sball be reconIed for the
CAP sire and all pam in the Midbayfroot¡ . . .
{Note: Items 1 and 2 may be IedundaJ11 ofIt.am V.1S]
3. 'Ibo grading plan shall be appnwed and øooœsuy 404 pcnnits graœdj
'Ibia ÚlVo1w:s OtW1'pJ;..nnP!. with 111 EPA aJI4 R.egioøal Water Quality
Control BoaId StaDdards;
a. compIcdon of gCO!CCbaical and eslg!nMring studies ÜIdøCIiIIg soils
and seismic; ()
b. çprova1 of erosion coøtrol measures
c. cbaiœ ofpœd IiDe:r: aDd mI"""lrmeat design for the lagoons
4. A site specific hydrology stUdy must be comp1etcð
S. Prior to any grading, the wafer quality of "P" and -G" S11=t marsh sha11
be measured 10 establish baseline c:ritmia. for scdimcm 8Dd cbemicals. .
6. 'l'bc "ptojcc:t Jcvcl" CIIYÏ1tImIá1taI review (item V. 16) sba1l coasidcr at
.. a minimum tile following issues:
L eoiIa and ecology
b. hydrology
GIOS94t%I2TI.\ 6
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JUri Ø3 '94 12:52
ì .C. . air quality . ;
r'" :
!
¡ . . d. bIology iDclDdløg wate'Z quality; predarorlprey oonœms; vector
I control; anc,I increased human 811d pet presence ;
¡ e. archaeology ~
I f. pubIic p8JtiI!g œqofrements ¡
I
i g. school siœs ;
: h. tøffjç .
; Any DeW mitigJltion œasuœs œsuIting fro¡n tile project Jt:v~ Em. &baIl be 1ncœpoIaœd ÍIIIO
. project desi.gn and procedares.
I 7. AppIicaut must bID a Mdlo Roos DistI:it:t or otbe:r acceptable ðDaDciug
! "'-n1~.to finaDoocapJtalcosts forllChoob (BIR fiDdiDgspg 63, FmR VoL n, pI8CS 3-165.
, 66¡ Vol I. pages 4-23-2S)
Note: Dœs Devdoper have a choic.o R! tho rnec"gnfcm he chooses to pay for his IChool
ob1igatious?
8., De\IeIoper sball pay to City the $1 million "First CAP hymcm" towards
the CuJtoIal Aœ Facllity.
9. Approval of 8ha1ed pad::Ing CUP must be gχed prior to the issuaDce of
a building pemili for any project rc1yÚ1g on shmd pætiIJg and to .ÎnSU1\:: that clw1ges in the site
plan will DOt be required (or can be processed) which may affect my oftbe 11SCS whether or not
they will my upon aIwcd puking.
VII. :Prior to the Fint QIli1di11f Pt:lIllit
A. "!be following items nwst be compk:tcd prior to issuance of the fimt building
permit (as qJpO&Od to the first coastal dcveIcp:nmt permit which wm be a gœdiDg pcmût)
1. ~ shall pay to City the SSOO.OOO Sccœ:I eM Payment.
2. P1:ivBm fiœ hyclœma must be InsIa1Icd aDd opeabIð påor to doIivay of
. . c:ombusIib]c bWJding matcrlala to the lite (!DR fiDdiJIgs pøga 60)
3. DCvdapc:r shall 8Ubmit a plan abowiDg access JOUtcs. sigDagc and pub1ic
parldng for pub1ic parlcs and open space. (!DR FIDdfngs. page S6)
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4. DeveJopershaii submit detaßed plans for creation of 13.2 acres of new
wetland poIfion of Gunpowder Point wbicb must be approved prior to fust buitding pemñt. (EIR
. FmdiDgs, Pi. 31) ? Is this part of the BRMP? Approved by who?
.. , .
S. Required studies ofJiquc{action and soils 8baIl be completed (LUP m-39,
Resolution 16838) ,
.
6. Midbayfront Sign Þrogmm IhaI1 be approvccfby the City. (LCP/SP pg.
40). ~ ~ be IOQOIIIpIi&hed by approval of 1110 SpedtIc ~
7. Itmohl1mm.""t at a ICWet' pump IIatÍon _cot distdct. ('1'hia will pay
for tbc "",inMn~"ce of required pump stations - appears on tile waICr bill DOt the tax bUl)-
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EXHIBIT B
.-
1
,
~ :DIðOlG.'J.== þ~
:3 J'OR. DISC178BXOH PoRPOSQ OJa,y
4
!I
6
7
8
9 CHULA VISTA BAYFRONT
10
11
12 O'WNER PARTICIPATION AND
13
14
1.5 DEVELOPMENT AGREEMENT
16
17
18
19
20
21
22
,
23 t
24 ..
25
26
27
28 -23-r /
8-~1
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JUN"" . "" "C';:,q
1 TABLE OF CONTENTS
2
b!m
3
~ REcrrALS . . . . . . . . . . . '. . . : . . . . . . . . . . . . 2
:
5 A. city's Authority to Enter into ~_ent . . . . . . " 2
:
6 B.: The Property; Dev.lopar'8Inter..t . . . . . . . . . . . 3
7 C. Aqency's Authority to Enter into: the Agreement. . . . . 3
8 D. Purpose of This Agreement ¡ ~
. . . . . . . . I' . . . . . .
9 E. The Redevelopment P1an . . . . .'. . . . . . . . . . . . 5
10 F. Land Use Entitlements ' 5
. . . . . . . . . . . . . . . . .
.
11 G. Environmental Review. . . . . '.' . . . . . . . . . . . 7
12 11:. Agreement Subject to Conditions to Effectiveness . . . . 8
13 I. Planning Cammission Approval . . . . . . . . . . . . . . 8
14 J. Aqency Approval . . . . . . . . . . . . . . . . . . . . 8
15 K. Public Hearinq . . . . . . . . . . . . . . . . . . . . . 9
16 L. Adoption of ordinance Approving Agreement . . . . . . . 9 C)
17 ARTICLE 1. - DEnNI'l'XOllS . . . . . . . . . . . . . . . . . . 10
18 1.1 "Adopting-Ordinance'. . . . . . . . . . . . . . . . 10
1.2 "Agreement"... . . . . . . . . . . . . . . . . . 10
19 1.3 "Agency" ...... . . . . . . . . . . . . . . . 10
1.4 "Appeal Period" . . . . . . . . . . . . . . . . . . 10
20 1.5 "Applicable standards" . . . . . . . . . . . . . . 10
1.6 "&ayfront Specific Plan" . . . . . . . . . . . . . 11
21 1.7 "CC&Rs". . . . . . . . . . . . . . . . . . . . . . 11
1.8 "Central Resort District" . . . . . . . . . . . . . 11
22 1.9 "CEQA" ........... . . . . . . . . . . . 11
1.10 "City" ........... . . . . . . . . . . . 11
23 1.11 "city Council" ....... . . . . . . . . . . . 12
1.12 "cCJlllllßUli ty Redevelopment Law . . . . . . . . . . . 12
24 1.13 "Conditions of Entitlements" . . . . . . . . . . . 12
1.14 "conditions to Effectiveness" . . . . . . . . . . . 12
25 1.15 "CUltural Arts Facility" . . . . . . . . . . . . . 12
1.16 "Day" or "Days" . . . . . . . . . . . . . . . . . . 12
26 1.17 "Developer" . . . . . . . . . . . . . . . . . . . . 13
1.18 ftDevelopaent" . . . . . . . . . . . . . . . . . . . 13
27 1.19 "Development Exaction" . . . . . . . . . . . . . . 13
1.20 "Deslqn Standards" .. . . . . . . . . . . . . . 13
28 1.21 "Effective DAte.. . . . . . . . . . . . . . . . . . 13
i .
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æ '94 12:55
TABLE OF CONTENTS (Cent'd. 1
r 1 ~
2
3 ° 1.22 "Enabling Resolution- . . . . . . . . . . . . . . . 14
1.23 "Entitlements" .......... . . . . . . .. 14
4 1.24 "ExbllJ1t" . . . . . . . . . . . . . . . . . . . . .° 14
1.25 "Final ErR" . . . . . . . . . . . . . . . . . . .. 14
5 1.26 .General Fees" ........... . . . . . .. 15
1.27 "Land Use Regulations" ........ . . . . . . 15
6 1.28 "Land Use Term" . . . . . . . . . . . . . . . . .. 16
1.29 "LCP" . . . . . . . . . . . . . . . . . . . . . .. 16
, 1.30 8Midhayfront Land Use Plan" . . . . . . . . . . .. 17
1.31 :Miti9aU~n.Monitorin9' Report" .......... 18
8 1.32 lCOrt:t¡age .................... 18
1.33 "Hortgaqee" . . . . . . . . . . . . . . . . . . .. 18
9 1.34 "Municipal Code" ..... . . . . . . . . . . .. 18
1.35 -Nature Center" . . . . . . . . . . . . . . . . .. 18
10 1.36 "Parties" . . . . . . . . . . . . . . . . . . . .. 18
1.37 .Phasing Plan" ............. . . . .. 19
11 1.38 "Planning commission" . . . . . . . . . . . . . .. 19
1.39 "Port District" . . . . . . . . . . . . . . . . .. 19
12 1.40 "Project" . . . . . . . . . . . . . . . . . . . .. 19
1.41 "Property" .................... 19
13 1°.42 llPubl1c Facilities Financinq Plan. . . . . . . .. 19
1.43 .Required Dedications" .............. 20
14 1.44 "Redevelopment Plan" ............... 20
1.45 "Redevelopment Project Area" .. . . . . . . . .. 20
15 1.46 "Reimbursement Agreement" . . . . . . . . . . . .. 21
1.47 "Reservation of AUthority" ..... . . . . . .. 21
16 1.48 "Resolution No. 13346 Quality of Life Thresholds". 21
1.49 "The Review Letter" . . . . . . . . . . . . . . .. :21
17 1.50 "Subsequent Development Approvals" . . . . . . . . 22
1.51 "SUbsequent Land Use Regulations" . . . . . . . . . 22
18 1.52 "SUbstantial COlllpliance" ..... . . . . . . . . 22
1.53 .Tentative MAp" . . . . . . . . . . . . . . . . . . 22
19 1.54 .Vested Pees" . . . . . . . . . . . . * . . . . . . 22
20 ARTICLE 2. - EXHIBITS' 'XO THIS AGREEHENT . . . . . . . . . . . 23
21 ARTICLE 3. - CONDITIONS TO UFEC'l'J:VENESS . . . . . . . . . . :014
22 3.1 COnditions of Entitlements. . . . . . . . . . . . 24
3.2 Approved Central Resort District Master Plan . , . 24
. 23 3.3 Habitat Restoration and Management Plan . . . . . . 25
3.4 Biological RQsources øanaqømønt Plan. . . . . . . 25
24 3.5 'tentative Tract Hap and Grading Plan . . . . . . . 25
3.6 Federal and State Permits. . . . . . . . . . . . . 26
25 3.7 Implementation of xitigation Measures. . . . . . . 26
3.8 Public Facilities Financing Plan. . . . . . . . . 26
26 3.9 Air Quality Improvement Pl.an . . . . . . . . . . . 27
3.10 Water Conservation Plan. . . . . . . . . . . . . . 27
21 3.11 Parks and Recreation Haster Plan . . . . . . . . . 27
3.12 Affordable Housing Plan. . . . . . . . '.. . . . 28
28 3.13 Schools Agreement. . . . . . . . . . . . . . . . . 28
ii
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TABLE OF CONTENTS (Cent'd.)
L ~
2
3 3.14 Finding of Consistency. . . . . . . . . . . . . . 28
3.15 compensation of city staff and Consultants. . . . 28
4 3.16 Required Dedications. . . . . . . . . . . . . . . 29
3.17 Environmental Review. . . . . . .. . . . . . . . . 29
5 3 .18 Evidence of Finanoing' capacity . . . . . . . . . . 29
3.19 Precise Plan. . . . . . . . . . . . . . . . . . . 30
6 3.20 Evidence of Operators . . . . . . . . . . . . . . . 30
7 ARTICLE 4. - DESClUPTXON 01" PROPER'l'Y . . . . . . . . . . . . 32
8 ARTICLE 5. - VESTED RIGHTS . . . . . . . . . . . . . . . . . 32
9 5.1 LandtJse.Term '0' .. .. . .. . . . . . . . . . . . . . 32
5.2 :Early Tenûnation of vesting. . . . . . . . . . . 33
10 5.3 Right to Develop. . . . . . . . . . . . . . . . . 33
5.4 Ufect of Agreement on Land Use Regulations. . . . 33
11 5.5 Maximum Height and Size of Structures. . . . . . . 34
5.6 ReqUired Condemnation. . . . . . . . . . . . . . . 34
12 5.7 Developer AcJcnoWledgement RS9a.rding Fees and
Exactions. . . . . . . . . . . . . . . . . . . . . 36
13 5.8 Reservations of Authority. . . . . . . . . . . . - 37
5.8.1 LiIIitations, Reservations and
14 Exceptions . . . . . . . . . . . . . . . 37
5.8.2 Intent . . . . . . . . . . . . . . . . . 39
15
AR'l':ICLE 6. - DEVELOPMEN'l PROGRAM . . . . . . . . . . . . . . 40
16
6.1 Developer's Obl!qations . . . . . . . . . . . . . . 40 [)
17 6.1.1 Obligation to Develop the Public and '.../
~~rte~~~enu ........ . . 40
lB 6.1.2 Project to be Developed in CClllplete
Phases. . . . . . . . . . . . . . . . . 41
19 6.1.3 Developer's ComIIIitment . - . . . . . . . 42
6.1.4 Anti-Discrimination During
20 Construction. . . . . . . . . . . . . . . 43
6.1.5 compliance with Applicable Laws - . . . . 42
21 6.1.6 ComIenoement of WorJc Prior to Final Map. 42
6.1.7 Dedications, Reservations and
22 bprovØlllents of Land for Public
Purposes ............. . . . 43
23 6.1.8 compliance with Affordable Housing
Obliqations . . . . . . . . . . . . . . . 43
24 6.1.9 Insurance............ . . . . 43
6.1.10 Employment Outreach and '!'raining . . . . 44
25 6.1.11 cultural Arts FOIcility - . . . . . . . . 44
A. Required Dedication. . . . . . . . . 44
26 Ð. Initial CAF Payment . . . . . . . . 44
c. Second CAl" payaent. . . . . . . . . 45
27 D. Third CAF Payment. . . . . . . . . . 46
E. Fourth CAl" Payment. . . . . . . . . 47
28 F. CAP Hatchinq paymenu . . . . . . . 47
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æABLE OF CONTENTS (Cent'd.)
1 ~
2 . .-
3 'G. Due Date or CAP Katchinq paym4ants . 48
H. City CAP Decision Data. . . . . . . 49
" . I. Ho Offset. . . . . . . . . . . . . 50
: J. 'l'øraination of Developer CAP
5 Obliqation. . . . . . . . . ~ . . . 51
K. Security for CAP' payment:s .... . 51
6 6.1.12 . Nature Interpretive Center . . . , . , . 52
, A. Establishment of Fund. . . . . . . . 52
17 . B. . Annual Payment:. ........', . 53
, C. Alternate HC Funding Source. ~ . . . 54
,\8 B. security for HC Payments. . . , " 58
6.2 ObliqatiohJs of City. . . . . . . . . . . . , . . . 58
.9 6,2,1' Processing of Application and permlts . . 58
. 6.2.2 . street Vacations. . . . . . . . . . , . 58
10 6.2.3 CUltural Arts Facility, . . , . ., . . . 58
A. Professional Fund Raiser. .. . . . 58
11 B. CUltural Arts Facility Decisibn
Date.' .'... . . .. . . . . . . . . . 59
12 6.2.4 ~ Nature Center. . . . . . . . . .' ~ . . . 60
6.2.5 : Reimbursement Aqreement [to be 84484] . . 60
13 6.3 obliqatians of Agency. . . . . . . . . . . . . . . 60
6.3.1 Rei.2bbun_nt Agreement [to be 84ded]. . 60
14
ARTICLE 7. - D~P1ŒNT IMPAcr FEES AND 0'1'JŒR. EXAC'1'I<»lS . . 61
15
7.1 . . . . . . . . . . . . . . . . . . . . . . . . 61
16 ARTICLE 8. - USE AND HADr1'ENAJfCE DP '!'HE PROPERTY
. . . . . . 61
17
8.1 Use Covenant. . . . . . . . . . . . . . . . . . . 61
18 8.2 Insurance, Maintenance and Restoration of 'the
Property:........... .. ....... . . . 61
19 8.2.1 . MAintenance of the Property . . . . . . . 61
8.2,2 : Restoration of the Property. . . . . . . 62
20 8.2.3 ' city Agency Enforcement, . . . , . . . . 63
8.2.4 . Kaintenanoe S~dard . . . . . . :- . . . 63
21 lIINIjING En'Ëcr; ENCtIMBRANCE OF. PROPERTY;
ARTICLE 9. -
22 STA'l'US . . . . . . . . . . . . . . , . . . . . 64
.. 23 SI.l Binding ÉUeo1: . . . . . . . . . . . . . . . 64
. . .
11.2 Discretion to Ji:nc\rllber . . . . . . . . . . .. . . . 64
24 9.3 Status: . . . . . . . . . . . . . . . . . . . . . . 64
25 ARTICLE 10. - AmWAL 1ŒVJ:£W; NOTICE . . . . . . . . . . . . . 65
26 10.1 Procedure for Annual Review. . . . . . . . . . . . 65
10.2 Information to be Provided by Developer. . . . . , 65
27 10.3 SUbstantial Compliance. . . . . . . . . .'. . , . 66
10.4 Finding by City During Annual Review Period 'that
28< Developer is in Default. . . . . . . . . . . . . . 66
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~ABLE O~ CONTENTS (Cont'd.) /'
1 ~
2
3 10.5 Estoppel Certificates. . * . . . . . . . . . . . 67
4 ARTICLE 11. - DEFAULT. . . . . . . . . . . . . . . . . . . . 68
5 11.1 Option þ) Set Matter 1:or Hearinq or Institute
Reference Prøoeed1nqs . . . . . . . . . . :. . . . 68
6 11.2 Waiver....'.... . . . . . . . . . . . . . 68
11.3 Remedies Upon Default. . . . . . . . . . . . . . 69
7 11.4 [!fO b. added) . . . . . . . . . . . . . . . . . . 69
8 ARTICLE 12. - KODIFICATION; SUSPENSION; 'l'BRMINATJ:oR . . . . . 69
,9 12.1 Emergency CirCU1DStanCes . . . . . . . . . . . .. 69
12.2 Notification of Unfores.en Circumstances. . .. 69
10 12.3 Notice. of. Hear1nc¡ ~ . .' .'. . . . . . . . . '. . . . 70
12.4 Hearing........ '. . . .~ . . . . . . . .. 70
11 12.5 Change in state or Federal Law or .Rec¡ulations .. 71
12.6 Notice, Keeting . . . . . . . . . . . . . . . .. 71
'12 12.7 Hearing on Supersession of Developaent Agreement' 71
13 ARTICLE 13. - GENERAL PROVXSIONS . . . . . . . . . . . . . . 72
14 13.1 Notices................... 72 r"
. . ...J
13.2 Joint and Several Liability. . . . . . . . . . . 73
15 13.3 Reference.................. . . 73
13.4 Reference I'roceclure Unavailable. . . . . . . . . 76
16 13.5 Severability................ . . 76
13.6 Recordation of Ac¡re_ent ~ AJRendJllents .... . . 76
17 13.7 :Items )et~ined to be Satisfactory to City. . . 77
13.8 Attorneys' Pees and costs. . . . . . . . . . . . 77
18 13.9 Applicable Law . . . . . . . . . . . . . . . . . 77
13.10 AssicplJll8nt . ~ . . . . . . . . . . . . . . . . . 78
19 13.11 Term of Ac¡rcae-nt . . . . . . . . . . . . . . . . 79
13.12 Conflict. . . . . . . . . . . . . . . . . . . . 79
20 13.13 Relationship of Parties . . . . . . . . . . . . . 80
13.14 'l'hird Party Litigation . . . . . . . . . . . . . 80
21 ;
22
.. 23
34
25 ,
26
27
28 -Jð- ,). ¡, ~
!J ~ ~b v .
9/9'd '-2l .?~~ "T:ET 1>6. EØ Nflf
- ..
MEMORANDUM
July 19, 1994
TO: Honorable Chairman and Members of the Redevelopment Agency
FROM: Chris Salomone, Community Development Director C?'
SUBJECT: Relocation of Augustine Reyes---Palomar Trolley Center
This memorandum is a follow-up to the memorandum of July 14, 1994, which advised the
Agency of the status of the Reyes relocation and indicated thai a meeting with Mr, Reyes was
scheduled prior to the July 19, 1994, Agency meeting.
Mr. Reyes met with Assistant Director David Gustafson on Thursday, July 14. Mr. Reyes
contended that he had not been offered the relocation opportunities over the last twelve months
that he was entitled to receive. He indicated the following:
8 He could not find a relocation sight that he could afford or that would
accommodate his needs.
8 He knew that he was holding up the PaJomar Trolley Center and costing
the development substantial amounts of money
8 If the Agency tried to evict him on July 27, 1994, he would tie up the
property in litigation which would take some time and cost the project
additional significant sums of money.
8 This circumstance could be avoided if the Agency would buy his business.
His estimate of value for the business was $500,000.00, based on an offer
to purchase the business he received from another party that he couldn't
accept because of the Agency's condemnation of the property he occupies
under lease. The Agency wouJd be best served to make him an offer that
would avoid costs due to litigation, project delay, and Goodwill.
8 He had a offer being considered on a relocation site on Broadway, and
that if the owner accepted the offer, he would buy the property.
However, he indicated that the property was too smaJI, and he would need
to expand it. He acknowledged that the property had inadequate parking
for any expansion, and he was vague about what he would do if he could
not expand.
Mr. Gustafson responded that he felt it was unlikely that the Agency would want to buy Mr.
Reyes's business, but that he would discuss that possibility with other City staff and consultants.
Mr. Gustafson aJso indicated the following:
8 Mr. Reyes had the responsibility to relocate, and the Agency had the
responsibility to assist only, which the Agency has done.
. Mr. Reyes could be removed from the property through the eviction
process in approximately thirty days with no extensive cost to the Agency
or the project.
. If Mr. Reyes had found a viable site for relocation and entered into a
valid escrow by this point-in-time, the Agency might have considered
some slight extension of time to complete the relocation process.
Subsequent to the aforementioned meeting, Mr. Reyes informed Mr. Gustafson by voice mail
that he had agreed to a purchase of the relocation property on Broadway. Mr. Reyes's attorney
informed the Agency's speciaJ counsel for eminent domain that Mr. Reyes would be opening a
3D-day escrow on July 18th or 19th and that he wished to have a 9D-day extension of his tenancy
while he completed escrow, transferred his liquor license, and processed a CUP.
Staff also met with the PaJomar Trolley Center developer on this issue, who took a strong
position on Mr. Reyes vacating on July 27, 1994. A follow-up correspondence from the
developer is attached.
Staff feels that Mr. Reyes has had ample time to relocate during the twelve-month special
extension the Agency granted him on July 27, 1993. Jt is recommended that the Agency take
no action to rescind the eviction notice for July 27, 1994.
If the Agency feels that it would be appropriate to grant a further extension, staff would
recommend that the Agency modify the eviction date to August 3, 1994, and direct staff to
return to the August 2, 1994, Agency meeting with an analysis of the viability of the
replacement site and the escrow and an agreement signed by Mr. Reyes which contains at a
minimum Mr. Reyes pledge to vacate at a time-certain, regardless of the condition of any escrow
on a relocation site. Mr. Reyes should aJso agree to sign the lease with the Redevelopment
Agency that he has refused to sign, and he should agree to release his tax records to the
Agency's special counsel so that Goodwill estimates can be made, which he has also refused to
do.
-- -
JUL-19-1994 1:5:08 FROM MMC&LATIGO WEST SAN DIEGO TO 9476:5310 P.01
LATIGO / WEST DEVELOPMENT COMPANY
VIA J'ACSIM:ILE AND U.S. JO..IL
(619) 476-5310
July 19,1994
Mr. David Gusta£son
Coøm~ity Development
CITY OF CHtlLA VISTA
276 Fourth Avenue
Chula Vista, CA 91p~0
. \
RE: U58 PALOMM TItOLLEY cBftER
VACATIOB OF HI CABABA PROPERTY
Dear Dave:
cypress Creek is expecting to take possellsion of the Hi Cabana
property on'July 28, 1994. As you know, the City Co~cil gave Mr.
Reyes the right to retain possession of the leased premises until
July 27, 1994. Based upon written confirmation of the 7/27/94
lease e~pira~ion date in a letter from Mr. Rayes' attorney dated
september 21,1993, we scheduled our construction ac~ivities.
WQ w¡¡J;e informed that Hr. Reyes is requesting a le.ase Qxtension for
the Hi Cabana property. I strongly object to any lease extension
due to the economic cost that Cypress Creek would suffer.
The Hi Cabana property is approximately 2112 to 3 feet lower than
the corner parcel P-11 and Laundromat) and the new shopping
center. We have about 2,300 cubic yard& of excess dirt that will
be removed from the Palomar Street improvement area and on-site
land that is scheduled to be placed on the Hi Cabana property. The
2,300 cubic yards of dirt iç to be placed on the Mi Cabana property
in early August. '
If we are ~able to put the excess dirt on the Hi Cabana property.
it will have to be hauled away at an estimated cost of $5.00 per
yard or $11,500. Then when we finally obtain posses$ion of the Mi
Cabana property, the dirt will have to be returned on-site at the
same cost of $11,500. In addition, any lease extension would
necessitate a perm"nent club access installtion (then removal)
which will cost about $2,500.
The minimum hard cos~ to be incurred by any lease extension would
be about $25,500. Inl addition, due to the existing lower level of
the Hi Cabana property, any rainfall will create serious prOblems
to the building.
5405MOREHOUSEDRIVE. SUlTE310. SAN DIEGO. CA92121 . TEL:(619)554-1990. FAX: (619) 554-1999
JUL-19-19S4 15:09 FROM MMC&LATIGO WEST SAN DIEGO TO 94765310 P.02
~. Dave Gust.afson
July 19,1994
E'ag-e 2
Cypress Creek has lade verbal assuranceS to our major tenants
(Ross, Ralphs and Ofg!ce Depot) that the Mi Cabana building would
be removed for the .grand opening of Palomar Trolley Center. The
development and conl1uction plan for this $17,000,000 'shopping
center was based on VlJ.riaty of agreements, one agreement is that
we would have posse ion of' the Hi Cabana p¡:-operty on JulY 28,
1994.
!
Sincerely, !
I
~~
Michael W. Holmes II
MWH:dj Ii
cc: Shepherd D. John$ton
John.E. Simons;
TOTAL P. 02
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