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HomeMy WebLinkAboutRDA Packet 1994/02/01 Tuesday, February 1, l.994 4:00 p.m. [lmmediatcly eoDowing City Council meeting.] Council CbambeI's Public Services Building .................................................................................................................................................................................................................................... . . . . . . . . . . . . . COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT . The City of Chu/a Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who may need special accommodation to access, attend, and/or participate in a City meeting, activity, or service contact the Secretary to the Redevelopment Agency at (619) 691-5047 for specific information on existing resources/or programs that may be available for such accommodation. Please call at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. California Relay Service is available for the hearing impaired. .................................................................................................................................................................................................................................... 1. ROLL CALL: CALL TO ORDER Members/Council Members Horton _' Fox _, Moore_, Rindone _' and Cbairman/Mayor Nader _ 2. APPROVAL OF MINUTES: January 25, 1994 CONSENT CALENDAR (Items 3 through 4) 3. WRITTEN COMMUNICATIONS: None Submitted. 4.A AGENCY RESOLUTION 1388 AUTHORIZING STAFF TO TAKE ALL NECESSARY STEPS TO (1) COMPLY WITH THE TERMS OF THE SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVELOPMENT COMPANY FOR THE POSSffiLE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER PROJECT AT THE NORTHWEST QUADRANT OF FIFfH A VENUE AND C STREET; AND (2) PRESENT THE PROJECT, PROPOSED ALTERNATIVE PROJECTS, AND ALL MATTERS RELATED THERETO TO THE REDEVEWPMENT AGENCY FOR CONSIDERA TION--The Agency approved a Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company on 12/14/93 so as to preserve the Agency's ability to financially assist, if necessary, a commercial development project at the site and to bind the developer to apply for and pursue the entitlements necessary for the project and negotiate a Development Agreement with the Agency. The attached resolutions ("Omnibus Resolutions") are necessary in order to comply AGENDA -2- FEBRUARY 1, 1994 with the tenus of the Semi-Exclusive Negotiating and Covenants Agreement and expeditiously evaluate and present the project and any other alterative project(s) that may be proposed to the Council and Agency for consideration. Staff recommends approval of the resolutions. (Community Development Director) B. COUNCIL RESOLUTION 17381 AUTHORIZING STAFF TO TAKE ALL NECESSARY STEPS TO (1) COMPLY WITH THE TERMS OF THE SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVEWPMENT COMPANY FOR THE POSSffiLE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER PROJECT AT THE NORTHWEST QUADRANT OF FIFrH A VENUE AND C STREET; AND (2) PRESENT THE PROJECT, PROPOSED AL TERNA TIVE PROJECTS, AND ALL MATTERS RELATED THERETO TO THE CHULA VISTA CITY COUNCIL FOR CONSIDERATION * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS Thefollowing 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" and submit it to the City Clerk or Secretary to the Redevelopment Agency prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pinkform to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 5.A AGENCY PUBLIC HEARING AGENCY RESOLUTION 1372 TO CONSIDER A REQUEST FROM ENERGY AUTO RECYCLING FOR THE PURPOSE OF ESTABLISIDNG A BUSINESS FOR THE AUTO STORAGE, WRECKING AND DISMANTLING AT 793-A ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVEWPMENT PROJECT AREA (SUPO-93-03)--The land uses on the subject parcels were authorized by Conditional Use Permit #PCC- 73-27 in 1973 as part oe the Otay Industria1 Park and expired in 1986. Under the Otay Valley Road Redevelopment Plan, fonned in 1983, the land uses allowed for this area is Limited Industria1/Research. In order to continue the existing land uses, these being the storage, maintenance and repair of heavy equipment, the impounding, storage and dismantling. and wrecking of automobiles, a Special Permit is required i;~~!!1!!~~;~I@fi~~~1'111Iill:~~'III[i'!!!~!;!~!~ MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO ENERGY AUTO RECYCLING FOR CERTAIN AUTO WRECKING USES AT 783-A ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA -~ , AGENDA -3- FEBRUARY 1, 1994 B.AGENCY PUBLIC HEARING TO CONSIDER A REQUEST FROM TOWN AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 793-B ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OT A Y VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO-93-04) RESOLUTION 1373 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO TOWN AUTO RECYCLING FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 793-B ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA C.AGENCY PUBLIC HEARING TO CONSIDER A REQUEST FROM ALL-Z AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 793-C ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OT A Y VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO-93-05) RESOLUTION 1374 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO ALL-Z AUTO WRECKING FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 793-C ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA D.AGENCY PUBLIC HEARING TO CONSIDER A REQUEST FROM JAY JUSTUS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 891 ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO-93-06) RESOLUTION 1375 MAKING CERTAIN FINDINGS AND APPROVING SPECIAL PERMIT TO JAY JUSTUS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR CERTAIN DESIGNATED AUTO WRECKING USES AT 891 ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject mo.tter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Agency from deliberating or taking action on any issues not included on the posted agenda.) Ifyou wish to address the Agency on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" and submit it to the City Clerk or Secretary to the Redevewpment Agency 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 -4- FEBRUARY 1, 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 Fonn" and submit it to the City Clerk or the Secretary to the Redevelopment Agency prior to the meeting. Public comments are limited to five minutes. None Submitted. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency members. Public comments are limited to five minutes per individual. OTHER BUSINESS 6. DIRECTOR/CITY MANAGER'S REPORT Schedule of Meetings. 7. CHAIRMANIMAYOR'S REPORT 8. MEMBERS/COUNCIL MEMBERS' COMMENTS * * * * * * * The meeting adjourned at: p.m. to the Regular Meeting oe the Redevelopment Agency on Tuesday, February 15, 1994 at 6:00 p.m., immediately following !he City Council meeting. Council Chambers, Public Services Building. [C:IWP51IAGENCYIAGENDASI02-01-94.AGDI MINUTES OF A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CIRJLA VISTA Tuesday, January 25, 1994 7:21 p.m. City Council Chambers Public Services Building CALL TO ORDER I. ROLL CALL: PRESENT: Members Horton, Fox, Moore, Rindone, and Chairman Nader ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly A. Autbelet, City Clerk 2. APPROVAL OF MINUTES: December 14, 1993 and January 18, 1994 MSUC (Horton/Fox) to approve the minutes of December 14, 1993 and January 18, 1994 as presented. BUSINESS 3. WRITTEN COMMUNiCATIONS: None Submitted. 4. RESOLUTiON 1388 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATiON OF CERTAIN REAL PROPERTY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA, CIRJLA VISTA, CALIFORNIA-- The Amended Palomar Trolley Center Disposition and Development Agreement approved on 7/27/93 for development of the 190,000 square foot retail shopping center on the south side of Palomar Street. between the Palomar Trolley Station and Broadway. A mitigation measure of the project Final Environmental Impact Report (E1R 91-02), originally certified by tbe Council on 2/25/92, is the widening of Palomar Street to 6 lanes between the Trolley Station and Broadway and associated modifications to the intersection of Palomar Street and Broadway. As a result, it will be necessary to acquire approximately 843 square feet of property for right-of-way from McDonalds Corporation property at the northwest comer of Palomar Stree1 and Broadway. As negotiations have not concluded successfully. and in order to keep the Palomar Trolley Station construction on schedule, it may be necessary to acquire the required righ1-of-way through eminent domain ac1ion. Staff recommends approval of 1he resolution. (Community Development Director) f4fSiliSViillilliiiiiiiftdl RESOLUTiON 1388 OFFERED BY MEMBER HORTON, reading of the text was waived. Agency Attorney Boogaard stated evidenluary material needed 10 be entered into the record. Chairman Nader questioned whether the Agency could incorporate the material into the record. Agency Attorney Boogaard questioned whether staff anticipated serious litigation challenges on the item. David Gustafson, Deputy Director of Community Development, responded that staff did nol. Mayor Nader ordered Mr. Gustafson's report into the record: . Action before the Agency is the condemnation of 843 square feet of a 30,470 square foot McDonalds property for street right-of-way. · Purpose is to widen Palomar Street to six lanes and modify the intersection of Broadway and Plaomar to accommodate traffic from the Palomar Trolley Center project. ),-/ Minutes January 25, Page 2 1994 . McDonalds wi1llose one parking space, landscaping, signage, and a parking curb. . McDonalds would be reimbursed by the developer for costs or restriping and reconstruction. . The Trolley Center developer and McDonalds are close to agreement on a negotiated dedication of the right-of- way, in exchange for signage and easement amendments in the existing shopping center. . The propose of the recommended condemnation is to assure the delivery of the required right-of-way to allow the road construction to go forward if negotiations drag or fail. The following findings were made: . CEQA Review: FEIR 91-02 is adequate for the PTC and tere are no unmitigable environmentsl consequences. · McDonalds was given written notice of the hearing by certified mail fifteen days prioer to the meeting. . McDonalds was offered just compensaiton for the property by letter and by telephone - $8,430 ($10/ft.) · The PTC is needed to eliminate blight in the SWRPA, will contribute to the goals of the SWRPA, and will generate substantial new tax revenues. · PTC is reasonably planned for the greatest public good and the least private injury. 1) the center site is the only available and reasonably developable commercial property in the market area; 2) the design minimizes takings of property from existing businesses for right-of-way, with as much as possible on the south side; and 3) there is no practical way to widen Palomar Street and align the intersection of Broadway and Palomar correctly without taking the subject property. Member Moore questioned if it was a friendly condemnation. Mr. Gustafson responded that it was not exactly a friendly condemnation. He felt there was a dispute as to the value of the property ultimately if the Agency had to go to the full condemnation. It was staffs anticipation that the acquisition would be negotiated before finalizing the condemnaiton process. Agency Allomey Boogaard questioned if the property owner was given the opportunity to appear. Mr. Gustafson responded they had received the required fifteen day notice of the meeting. He did not believe they were in the audience. Chainnan Nader stated there were no requests to speak submilled. VOTE ON RESOLUTION 1388: approved unanimously. PUBLIC HEARINGS None Submilled. ORAL COMMUNICATIONS None .2.-2 Minutes January 25, 1994 Page 3 ACTION ITEMS None Submitted. OTHER BUSINESS 5. DIRECTOR'S REPORT - None 6. CHAIRMAN'S REPORT - None 7. MEMBERS' COMMENTS - None ADJOURNMENT The Agency/Council met in closed session at 7:25 p.m. to discuss: Potential litigation pursuant to Government Code Section 54956.9 -- Default and Termination Issues of the Lease at 980 F Street, Chula Vista, CA - San Diego Shipbuilding & Repairs, Inc. ADJOURNMENT AT P.M. to the Regular Meeting of the Redevelopment Agency on Tuesday, February I, 1994 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy City Clerk ..2-3 This Jage intentionally left blank. .2.-lf ITEM TITLE: [A] AGENCY [and] [8] COUNCIL SUBMITTED BY: REVIEWED BY: BACKGROUND: JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item i Meeting Date 02/01/94 RESOLUTION I ~ Ii'3 Authorizing Staff to Take All Necessary Steps to (1) Comply with the Terms of the Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company for the Possible Development of a Community Shopping Center Project at the Northwest Quadrant of Fifth Avenue and C Street; and (2) Present the Project, Proposed Alternative Projects, and All Matters Related Thereto to the Redevelopment Agency for Consideration RESOLUTION / 7 ~ 81 Authorizing Staff to Take All Necessary Steps to (1) Comply with the Terms of the Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company for the Possible Development of a Community Shopping Center Project at the Northwest Quadrant of Fifth Avenue and C Street; and (2) Present the Project, Proposed Alternative Projects, and All Matters Related Thereto to the Chula Vista City Council for Consideration Community Development Director [,7. ./. Q~ City Manager/Executive Directo~~ ~~ ~/5ths Vote: Yes No X) The Redevelopment Agency approved a Semi-Exclusive Negotiating and Covenants Agreement (SENA) with National Avenue Associates and Gatlin Development Company at the December 14, 1993, Redevelopment Agency meeting. The purpose of the SENA was to I) preserve the Agency's ability to financially assist, if necessary, a commercial development project at the site, and 2) bind the developer to apply for and pursue the entitlements necessary for the project and 3) negotiate a Development Agreement with the Agency. The attached City and Agency "Omnibus Resolutions" are necessary in order to pursue the actions called for in the SENA, and eXpeditiously evaluate and present the project, and any other alternative project that may be proposed, to the Council and Agency for consideration. The City Attorney's Office recommended that staff utilize the "Omnibus Resolution" process in light of the number of discretionary approvals necessary to process the project and the developer's desire to process in a streamlined and expeditious manner. This same process was used for the Scripps' project. J./-J Page 2, Item 'I- Meeting Date 02/01194 RECOMMENDATION: Adopt the resolutions which authorizes staff to comply with the terms of the previously approved SENA with National Avenue Associates and Gatlin Development Company, and authorizes staff to expeditiously evaluate and present the project, or any alternative projects, to the Redevelopment Agency and City Council for consideration. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The "Omnibus Resolutions" delegate to staff, the authority to plan for and evaluate the project in an expeditious manner without the necessity to repeatedly come back to the Agency Board or the City Council for incremental authorizations that may be necessary during the project "processing" . The authorizations are as follows: Redevelopment Agency Board Authorizations 1. Extend owner participation rights and benefits and evaluate alternative owner participation plans, if any are proposed, in accordance with state law and the Town Centre II Redevelopment Plan as soon as possible. 2. Contract with an environmental consultant to perform the analysis of the proposed project required by CEQA on terms satisfactory to the City/Agency staff, and as otherwise approved by the City Attorney. 3. Issue notices, conduct hearings and otherwise comply with all CEQA requirements applicable to the proposed project, accept a deposit from developer and disburse funds to environmental consultant in order to fund the CEQA consulting contract. 4. With respect to any parcels of property which may need to be acquired by the Agency in order to implement the proposed project, contract with an appraiser, make a good faith determination of value, make an offer to acquire and negotiate acquisition terms, and, if necessary, notice and schedule all meetings and hearings required in order to commence eminent domain proceedings. 5. Process all necessary entitlements for the proposed project including, without limitation, any necessary Redevelopment Plan Amendments. 6. Negotiate a Cooperation Agreement (including contracting with outside legal counsel if necessary) with the City of National City in order to coordinate the planning and evaluation of the proposed project and/or allocate the responsibility for on and offsite improvements, subject to Agency approval thereof, and of the proposed project. 7. Schedule and notice all meetings and hearings required by law in connection with the proposed project. q-,>- Page 3, Item 4- Meeting Date 02/01/94 8. Negotiate a Disposition and Development Agreement with the Developer, subject to Agency approval thereof, and of the proposed project. 9. Take any and all other reasonably necessary steps in order to plan for and evaluate the proposed project and/or proposed alternative projects, and any related actions for presentation to the Agency for Agency consideration. City Council Authorizations 1. Contract with an appraiser, make a good faith determination of value, make an offer to acquire and negotiate acquisition terms, and if necessary, notice and schedule all meetings and hearings required to commence eminent domain proceedings. 2. Process all necessary entitlements including General Plan Amendments, Rezones, Local Coastal Program Amendments, Coastal Development Permits, parcel or other maps, as required. 3. Negotiate a Cooperation Agreement with the City of National City in order to coordinate the planning and evaluation of the project and/or allocate the responsibility for on and offsite improvements, subject to City Council approval thereof, and of the project. 4. Schedule and notice all meetings and hearings required by law in conjunction with the project. 5. Take any and all reasonably necessary steps in order to plan for and evaluate the project and/or proposed alternative projects, and any related actions for presentation to the City Council for consideration. The adoption of the "Omnibus Resolutions" does not commit the Redevelopment Agency Board or the City Council to the project. The Agency and Council retain complete and unfettered discretion to evaluate and approve or deny the proposed project, or any alternative project that may be proposed. The authorizations granted to staff under these resolutions allow for the expeditious planning, evaluation and processing of the proposed project, or any alternative project, toward the goal of presenting the project or projects to the Agency and City Council for consideration at some time in the future. It is currently estimated that the project can be "processed" within six (6) to eight (8) months. FISCAL IMPACT: Adoption of the resolutions immediately commits staff resources to evaluate and process the project, or any alternative project, for eventual consideration by the City Council and Agency Board. Additionally, the broad scope of authorization granted to staff as outlined in the report and stated in the resolutions, could commit financial resources for professional consultant contracts necessary to "process" the project such as appraisal and legal services. C:IWP51IHAYNESlREPORTSI5THOMNI.113 L/-3 This Jage intentionally lift blank. '1-'1 RESOLUTION 1388 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO TAKE ALL NECESSARY STEPS TO (1) COMPLY WITH THE TERMS OF THE SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVELOPMENT COMPANY FOR THE POSSIBLE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER PROJECT AT THE NORTHWEST QUADRANT OF J<'llTH AVENUE AND C STREET; AND (2) PRESENT THE PROJECT, PROPOSED AL TERNATIVEPROJECTS, AND ALLMA TTERSRELA TED THERETO TO THE REDEVELOPMENT AGENCY FOR CONSIDERATION WHEREAS, National Avenue Associates and Gatlin Development Company (collectively referred to as "Developer") are in the process of entering into a joint venture partnership for the purposes of developing a community shopping center (the "Proposed Project") at the northwest quadrant of Fifth Avenue and C Streets; and WHEREAS, the Proposed Project is located within the Town Centre II Redevelopment Project Area; and WHEREAS, effective as of December 14, 1993, the Developer and Agency entered into a Semi-Exclusive Negotiations and Covenants Agreement ("Agreement") requiring the Developer to I) use its good faith efforts to acquire the Proposed Project property, 2) diligently process all environmental and land-use entitlements for the Proposed Project, and 3) upon acquisition of the Proposed Project property impose certain covenants thereon as contained within the Agreement; and requiring the Agency to 1) semi-exclusively negotiate with Developer (with the exception of extending normal owner participation rights) regarding the possible development of the Proposed Project, and 2) meet and confer in good faith with Developer to determine if Agency direct or indirect financial assistance is warranted in order to make the Proposed Project financially feasible; and WHEREAS, in order to allow for (1) Agency compliance with the terms of the Agreement, and (2) the coordinated submittal of the Proposed Project contemplated thereby, any possible alternative projects, and all related matters to the Agency for Agency consideration, Agency staff desires authority to take all necessary steps to plan for and evaluate the Proposed Project and possible project alternatives. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve that Agency staff is authorized to take the following steps in order to 1) comply with the terms of the Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company for the possible development of a community shopping center at the northwest quadrant of Fifth Avenue and C Streets; and (2) to present the Proposed Project, proposed alternative projects, and all matters related thereto to the Redevelopment Agency for consideration, as appropriate: LJ -5 1. With respect to any parcels of property which may need to be acquired by the Agency in order to implement the Proposed Project, contract with an appraiser, make a good faith determination of value, make an offer to acquire and negotiate acquisition terms, and, if necessary, notice and schedule all meetings and hearings required in order to commence eminent domain proceedings. 2. Process all necessary entitlements for the Proposed Project including, without limitation, any necessary General Plan Amendments, Rezones, Local Coastal Program Amendments, Coastal Development Permits, parcel or other maps, as required. 3. Negotiate a Cooperation Agreement with the City of National City in order to coordinate the planning and evaluation of the Proposed Project and/or allocate the responsibility for on and offsite improvements, subject to City Council approval thereof, and of the Proposed Project. 4. Schedule and notice all meetings and hearings required by law in connection with the Proposed Project; and 5. Take any and all other reasonably necessary steps in order to plan for and evaluate the Proposed Project and/or proposed alternative projects, and any related actions for presentation to the City for City Council consideration. rk~~ MB:O PRESENTED BY: Chris Salomone, Community Development Director C:\WP51 IHA YNESIDOCUMEN1\5THOMN1C.RES 4-1D RESOLUTION /7381 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO TAKE ALL NECESSARY STEPS TO (1) COMPLY WITH THE TERMS OF THE SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVELOPMENT COMPANY FOR THE POSSffiLE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER PROJECT AT THE NORTHWEST QUADRANT OF FIFTH AVENUE AND C STREET; AND (2) PRESENT THE PROJECT, PROPOSED ALTERNATIVE PROJECTS, AND ALL MATTERS RELATED THERETO TO THE CHULA VISTA CITY COUNCIL FOR CONSIDERATION WHEREAS, National Avenue Associates and Gatlin Development Company (collectively referred to as "Developer") are in the process of entering into a joint venture partnership for the purposes of developing a community shopping center (the "Proposed Project") at the northwest quadrant of Fifth Avenue and C Streets; and WHEREAS, the Proposed Project is located within the Town Centre II Redevelopment Project Area; and WHEREAS, effective as of December 14, 1993, the Developer and Agency entered into a Semi-Exclusive Negotiations and Covenants Agreement ("Agreement") requiring the Developer to 1) use its good faith efforts to acquire the Proposed Project property, 2) diligently process all environmental and land-use entitlements for the Proposed Project, and 3) upon acquisition of the Proposed Project property impose certain covenants thereon as contained within the Agreement; and requiring the Agency to 1) semi-exclusively negotiate with Developer (with the exception of extending normal owner participation rights) regarding the possible development of the Proposed Project, and 2) meet and confer in good faith with Developer to determine if Agency direct or indirect financial assistance is warranted in order to make the Proposed Project financially feasible; and WHEREAS, in order to allow for (1) City compliance with the terms of the Agreement, and (2) the coordinated submittal of the Proposed Project contemplated thereby, any possible alternative projects, and all related matters to the City for City Council consideration, City staff desires authority to take all necessary steps to plan for and evaluate the Proposed Project and possible project alternatives. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve that City staff is authorized to take the following steps in order to I) comply with the terms of the Semi-Exclusive Negotiating and Covenants Agreement with National Avenue Associates and Gatlin Development Company for the possible development of a community shopping center at the northwest quadrant of Fifth Avenue and C Streets; and (2) to present the Proposed Project, proposed alternative projects, and all matters related thereto to the City Council for consideration, as appropriate: 1./-7 I. Extend owner participation rights and benefits and evaluate alternative owner participation plans, if any are proposed, in accordance with state law and the Town Centre 11 Redevelopment Plan, as soon as possible. 2. Contract with an environmental consultant to perform the analysis of the Proposed Project required by CEQA on terms satisfactory to the City/Agency staff, and as otherwise approved by the City Attorney. 3. Issue notices, conduct hearings and otherwise comply with all CEQA requirements applicable to the Proposed Project, accept a deposit from developer and disburse funds to environmental consultant in order to fund the CEQA consulting contract. 4. With respect to any parcels of property which may need to be acquired by the Agency in order to implement the Proposed Project, contract with an appraiser, make a good faith determination of value, make an offer to acquire and negotiate acquisition terms, and, if necessary, notice and schedule all meetings and hearings required in order to commence eminent domain proceedings. 5. Process all necessary entitlements for the. Proposed Project including, without limitation, any necessary Redevelopment Plan Amendments. 6. Negotiate a Cooperation Agreement with the City of National City in order to coordinate the planning and evaluation of the Proposed Project and/or allocate the responsibility for on and offsite improvements, subject to Agency approval thereof, and of the Proposed Project. 7. Schedule and notice all meetings and hearings required by law III connection with the Proposed Project; and 8. Negotiate a Disposition and Development Agreement with the Developer, subject to Agency approval thereof and of the Proposed Project. 9. Take any and all other reasonably necessary steps in order to plan for and evaluate the Proposed Project and/or proposed alternative projects, and any related actions for presentation to the Agency for Agency consideration. PRESENTED BY: M:f &-:~~,/ Chris Salomone, Executive Secretary and Community Development Director ruce M. Boogaard Agency General Counsel C,I WP51 IRA YNESIDOCUMEN1\5TIIOMNIA.RES q-f REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: [A] PUBLIC HEARING: RESOLUTION [B] PUBLIC HEARING: RESOLUTION [C] PUBLIC HEARING: RESOLUTION [D] PUBLIC HEARING: Item 5 Meeting Date 02/01194 TO CONSIDER A REQUEST FROM ENERGY AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR THE AUTO STORAGE, WRECKING AND DISMANTLING AT 793-A ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO- 93-03) Making Certain Findings and Approving Special Permit to Energy Auto Recycling for certain auto wrecking uses at 783-A Energy Way, Chula Vista, California; parcel being located within the Otay Valley Road Redevelopment Project Area TO CONSIDER A REQUEST FROM TOWN AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 793-B ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO-93-04) Making Certain Findings and Approving Special Permit to Town Auto Recycling for certain designated auto wrecking uses at 793-B Energy Way, Chula Vista, California; parcel being located within the Otay Valley Road Redevelopment Project Area TO CONSIDER A REQUEST FROM ALL-Z AUTO RECYCLING FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 793-C ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO- 93-05) Making Certain Findings and Approving Special Permit to AII-Z Auto Wrecking for certain designated auto wrecking uses at 793-C Energy Way, Chula Vista, California; parcel being located within the Otay Valley Road Redevelopment Project Area TO CONSIDER A REQUEST FROM JAY JUSTUS FOR THE PURPOSE OF ESTABLISHING A BUSINESS FOR AUTO STORAGE, WRECKING AND DISMANTLING AT 891 ENERGY WAY, CHULA VISTA, CALIFORNIA; PARCEL BEING LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA (SUPO- 93-06) 5-1 Page 2, Item .5 Meeting Date 02/01/94 REVIEWED BY: Making Certain Findings and Approving Special Permit to Jay Justus for the purpose of establishing a business for certain designated auto wrecking uses at 891 Energy Way, Chula Vista, California; parcel being located within the Otay Valley Road Redevelopment Project Area Community Development DirectorC:? . City Attorney 1,~ 1 Executive Directo04 ~~ (4/5ths Vote: Yes _ No X) BACKGROUND: The land uses on the subject parcels were authorized by Conditional Use Permit #PCC-73-27 in 1973 as part of the Otay Industrial Park (See Exhibit 1). The Conditional Use Permits expired in 1986. The Otay Valley Road Redevelopment Plan was formed in 1983. Under the Otay Valley Road Redevelopment Plan, the land uses allowed for this area is Limited Industrial/Research. In order to continue the existing land uses, these being the storage, maintenance and repair of heavy equipment, the impounding, storage and dismantling, and wrecking of automobiles, a Special Permit is required under the Redevelopment Plan. SUBMITTED BY: RESOLUTION RECOMMENDATION: That the Redevelopment Agency open the public hearing and continue the public hearing to Tuesday, February 15, 1994. [C:I WP51 IAGENCYlRA4SIRECYCLR6.RA4] 5-1- ~V~ ~ -::;--~~ """""--- -- ON OF CHULA VISfA COMMUNITY DEVELOPMENT DEPARTMENT January 27, 1994 Ms. Lois Elbornetti P.O. Box 170 Tustin, CA 92681 Oear Ms. Elbornetti: Our records show that you may have an interest in Item #4a,b that will be an item of deliberation at the Redevelopment Agency meeting of Tuesday, February 1, 1994. The Redevelopment Agency will meet immediately after the City Council meeting which starts at 4:00 p.m. The Redevelopment Agency will meet in the Council Chambers, Public Services Building, 276 Fourth Avenue (northwest corner of F Street). If you have any questions please contact Lyle Haynes at 619-691-5047. Sincerely, ~-O, ~ Berlin D. Bosworth Secretary to the Redevelopment Agency Attachment 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5047 .~--.,-_.-