HomeMy WebLinkAboutRDA Packet 1994/01/18
Tuesday, January 18, 1lJ94
6:00 p.m.
[Immediately followiog City Council meetiDg.]
Coundl Cbamben
PnbIic Services Building
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COMPLIANCE WITH AMERICANS W"H DISABIL"IES ACT
The City of Chula 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
MemberslCouncilmembers Horton , Fox
Rindone , and Chairman/Mayor Nader
. Moore
2. APPROVAL OF MINUTES:
January 4, 1994
CONSENT CALENDAR
(ltems 3 through 5)
3. WRITTEN COMMUNICATIONS: None Submitted.
4. AGENCY
RESOLUTION 1385
APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SAN
DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD, SANDIEGO
& ARIZONA EASTERN RAILWAY COMPANY, AND THE CHULA VISTA
REDEVELOPMENT AGENCY RELATED TO THE WIDENING OF
PALOMAR STREET AND THE TRAFFIC SIGNAL RELOCATION FROM
THE ENTRANCE OF THEMTDBPALOMAR STREETLRT STATION, AND
AUTHORIZING CHAIRMAN TO EXECUTE THE MEMORANDUM OF
UNDERST ANDING--On 7/27/93 the Agency approved an Amended Dispositionand
Development Agreement with Cypress Creek Company for the development of an
approximately 190,000 square foot commercial shopping center (Palomar Trolley
Center). The development of the Center requires actions which impact the adjacent
trolley station including the acquisition of right-of-way for the widening of Palomar
Street, the relocation of the existing signalized access to the trolley station to go
through the new commercial center, and the restrlpping of the Metropolitan Transit
Development Board (MTDB) parking lot. A Memorandum of Understanding (MOU)
has been prepared which would govern the actions of the Agency/City and MTDB
that pertain to those development impacts. The MOU was approved by the MTDB
on 12/10193 and is ready for Agency consideration. Staff recommends approval of
the resolution. (Commuuity Development Director)
AGENDA
5.A AGENCY
RESOLUTION 1386
B COUNCIL
RESOLUTION 17369
-2-
JANUARY 18, 1994
AUTHOR1ZlNG THE EXECUTlON OF AN AGREEMENT FOR
COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA
REDEVELOPMENT AGENCY, AND THE SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT FOR THE SOUTHWEST REDEVELOPMENT
PRO.JECT AREA--Hea1th and Safety Code Section 33401 authorized Community
Redevelopment Agencies to enter into agreements to pay any taxing agencies with
territory within a redevelopment project area, the appropriate amount of money
necessary to alleviate any financial burden or detriment caused to the taxing agency
by the adoption of the redevelopment project. The Southwestern Community College
District advised the Agency of the potential negative financial impact on the College
as a result of the adoption and implementation of the Southwest Redevelopment Plan
and the subsequent allocation of tax increment revennes to the Agency pursuant to
Health and Safety Code Section 33670(b). A negotiated tax sbaring agreement is
before the Redevelopment Agency ICity Council for consideration. Staff recommends
approval of the resolutions. (Community Development Director)
AUTHORIZlNG THE EXECUTION OF AN AGREEMENT FOR
COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA
REDEVELOPMENT AGENCY, AND THE SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT FOR THE SOUTHWEST REDEVELOPMENT
PROJECT AREA
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS
Thefollowing items hnve been advertised aOO/or posted as public hearings as required by law. /fyou 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 st<if.!
recommeOOation; complete the pinkform to speak in opposition to the staifrecommendation.) Comments are limited
to five minutes per iOOividual.
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 thnt is not an item on this ageOOa. (State law, however, generally prohibits the Agency from
deliberating or taking action on any issues not included on the posted ageOOa.) /fyou wish to address the Agency
on such a subject, please complete the yellow "Request to Speak UOOer Oral Communications Form" aOO submit
it to the City Clerk or Secretary to the Redevelopment Agency prior to the meeting. Those who wish to speak,
please give your name and address for record purposes aOO follow up action. Your time is limited to three
minutes per speaker.
ACTION ITEMS
The items listed in this section of the ageOOa are expected to elicit substantial discussions aOO deliberations by the
Agency, staff, or members of the general public. The items will be considered iOOividually by the Agency and staif
recommeOOations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to Speak Form" 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.
AGENDA
-3-
JANUARY 18, 1994
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the Redevelopment Agenry 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/COUNCILMEMBERS' COMMENTS
* * * * * * *
The meeting adjourned at: p.m. to a Special Meeting of the Redevelopment Agency on
Tuesday, .January 25, 1994 at 6:00 p.m., immediately following the City Council meeting, Council
Chambers, Public Services Building.
[C:\ WP51 \AGENCY\AGENDAS\OI-18-94.AGD)
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MlNUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY/
Cl1Y COUNClL OF THE Cl1Y OF CHUI.A VlSTA
Tuesday, January 4, 1994
7:59 p.m.
Council Chambers
Public Services Building
CAU. TO ORDER
1. ROll CAU.:
PRESENT:
Agency/Council Members Fox, Horton (arrived at 4:10 p.m.), Moore,
Rindone, and Chairman/Mayor Nader
ALSO PRESENT:
John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City
Attorney; and Beverly A. Authelet, City Clerk
2.
APPROVAL OF MlNUTES:
December 7, 1993
MSUC (Rindone/Moore) to approve the minures of December 7, 1993 as presented.
CONSENT CALENDAR
(Items pulled: none)
CONSENT CALENDAR OFFERED BY CHAlRMAN/MAYOR NADER, reading of the rext was waived, passed
and approved unanimously.
3. WRITfEN COMMUNlCATIONS: none submitted.
4.A. AGENCY
RESOLUTION 1384 APPROVlNG THE CONSENT AND SUBORD1NATION AGREEMENT,
AND ASSIGNMENT OF RIGHTS UNDER THE DISPOSITION AND DEVELOPMENT AGREEMENT TO THE
FORD MOTOR CREDIT COMPANY, AND AUTHORIZlNG THE EXECUTIVE DIRECfOR TO EXEClITE SAlD
DOCUMENTS - The Agency entered into a Disposition and Development Agreement (DDA) with the
developer of the Chula Vista Auto Center which allows for the formation of an assessment district to fund
internal infrastructure improvements. The City Council entered into an Acquisition/Financing Agreemenr
for the assessment district on 8/24/93. Subsequent to these actions the Agency/Council approved similar
agreement with GMAC in conjunction with financing the Southbay Chevrolet auto dealership. At this time,
Mr. Fuller, developer of Fuller Ford and Fuller Honda, is seeking execution of similar documents in order
to secure financing from the Ford Motor Credit Company. Staff recommends approval of the resolutions.
B. COUNClL
RESOLUTION 17345 APPROVlNG AN ASSIGNMENT OF PROCEEDS OF THE
ACQUlSITIONIFINANClNG AGREEMENT FORINFRASlRUCTIJRE IMPROVEMENTS FOR THE CHUI.A VlSTA
AUTO CENTER Wllli THE FORD MOTOR COMPANY, AND AUTHORIZlNG THE Cl1Y MANAGER TO
EXEClITE SAlD DOCUMENT
* * END OF CONSENT CALENDAR * *
PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5.A. AGENCY
PUBIJC HEARING TO CONSIDER A REQUEST FROM ENERGY AUTO RECYC1JNG FOR THE
PURPOSE OF ESTABIJSHlNG A BUS1NESS FOR THE AUTO STORAGE, WRECKING AND DISMANTIlNG AT
J.. -I
Minutes
January 4, 1994
Page 2
793-A ENERGY WAY, 0iULA VISTA, CALlFORNlA; PARCEL BEING LOCATED IN TIiE OTAYVAllEY ROAD
REDEVELOPMENT 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 of the Otay Industrial Park and expired in 1986.
Under rbe Otay Valley Road Redevelopment Plan, formed in 1983, the land uses allowed for this area is
Limited Industrial/Research. In order to continue the existing land uses, rbese being rbe storage and
dismantling, and wrecking of automobiles, a Special Permit is required under rbe Redevelopment Plan. Staff
recommends rbat the item be continued ro rbe meetins>: of Tuesdav. February 1. 1994. (Director of
Community Development)
RESOLUTION l3n MAKlNG CERTAIN FlND1NGS AND APPROVING SPEClAL PERMIT
TO ENERGY AlITO RECYCUNG FOR CERTAIN AlITO WRECKING USES AT 783-A ENERGY WAY, 0iULA
VISTA, CALlFORNIA; PARCEL BEING LOCATED WITIf TIiE OTAY VALLEY ROAD REDEVELOPMENT
PROJECT AREA
B. AGENCY
PUBUC HEARlNG TO CONSlDER A REQUEST FROM TOWN AlITO RECYCUNG FOR TIiE
PURPOSE OF ESTABUSl-llNG A BUSINESS FOR TIiE AlITO STORAGE, WRECKING AND DlSMANTIJNG AT
793-B ENERGY WAY, 0iULA VISTA, CALlFORNIA; PARCEL BEING LOCATED IN TIiE OTAYVALLEY ROAD
REDEVELOPMENT PROJECT AREA (SUPO-93-04)
RESOLUTION 1373 MAKlNG CERTAIN FINDINGS AND APPROVING SPEClAL PERMIT
TO ENERGY AlITO RECYCUNG FOR CERTAIN AlITO WRECKING USES AT 793-B ENERGY WAY, 0iULA
VISTA, CALlFORNIA; PARCEL BEING LOCATED WITIf TIiE OTAY VALLEY ROAD REDEVELOPMENT
PROJECT AREA
C. AGENCY
PUBUC HEARlNG TO CONSlDER A REQUEST FROM AIJ.-Z AlITO WRECKING FOR TIiE
PURPOSE OF ESTABUSl-llNG A BUS1NESS FOR TIiE AlITO STORAGE, WRECKING AND DlSMANTIJNG AT
793-C ENERGY WAY, 0iULA VISTA, CALlFORNIA; PARCEL BEING LOCATED IN TIiE OTAYVALLEY ROAD
REDEVELOPMENT PROJECT AREA (SUPO-93-0S)
RESOLUTION 1374 MAKlNG CERTAIN FlND1NGS AND APPROVING SPEClAL PERMIT
TO A1l.-Z AlITO WRECKING FOR CERTAIN AlITO WRECKING USES AT 793-C ENERGY WAY, 0iULA
VISTA, CALlFORNlA; PARCEL BEING LOCATED WITIf TIiE OTAY VALLEY ROAD REDEVELOPMENT
PROJECT AREA
D. AGENCY
PUBUC HEARlNG TO CONSIDER A REQUEST FROM JAY JUSTUS FOR TIiE PURPOSE OF
ESTABUSl-llNG A BUSINESS FOR TIiE AUTO STORAGE, WRECKING AND DlSMANTIJNG AT 891 ENERGY
WAY, 0iULA VISTA, CALlFORNlA; PARCEL BEING LOCATED IN TIiE OTAY VAllEY ROAD
REDEVELOPMENT PROJECT AREA (SUPO-93-06)
RESOLUTION 1374 MAKlNG CERTAIN FINDINGS AND APPROVING SPEClAL PERMIT
TO JAY JUSTUS FOR TIiE PURPOSE OF ESTABUSl-llNG A BUSINESS FOR CERTAIN DESIGNATED AUTO
WRECKING USES AT 891 ENERGY WAY, 0iULA VISTA, CALlFORNIA; PARCEL BE1NG LOCATED WITIfTIiE
OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA
This being the time and place as advertised, the public hearing was declared open.
MSUC (NaderlHorton) to continue public hearings SA through SD ro rbe meeting of Februmy 1, 1994.
Agency/Council Member Moore questioned if it was an item that was backdated and it was being brought
up to date.
,,2-~
Minutes
January 4,1994
Page 3
Chris Salomone, Director of Community Development, responded that it was an that was a follow-up to the
assessment district.
Agency/Council Member Moore stated the problem was there before the assessment district.
Mr. Salomone responded that was correct.
ORAL COMMUNlCATIONS
None
ACTION 1TEMS
None submitted.
1TEMS PULLED FROM TI-IE CONSENT CALENDAR
Items pulled: none. The minutes will reflect the published agenda order.
OTI-lER BUSINESS
6. DIRECTOR/C11Y MANAGER'S REPORT(S) - None.
7. CHAlRMAN/MAYOR'S REPORT(S) - None.
8. AGENCY/COUNCIL COMMENTS
AS?:encv/Council Member Rindone
Agency/Council Member Rindone questioned when the next Redevelopment Agency meeting would be held.
Mr. Salomone responded there would not be a special Agency meeting next week. The next regular meeting
would be on January 19, 1994.
ADJOURNMENT
ADJOURNMENT AT 8:02 P.M. ro rhe Regular Meeting of the Redevelopmenr Agency on January 18, 1994
at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers.
by:
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
\.,\ \'\C \ .' -
"-,--!'---~~~2--.'-C "'-
Vicki C. Soderquist, Deputy i~
,
~
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REDEVELOPMENT AGENCY AGENDA STATEMENT
Item '-I
Meeting Date 01-18-94
ITEM TITLE:
RESOLUTION / .3 f S Approving a Memorandum of Understanding
with the San Diego Metropolitan Transit Development Board, San Diego
& Arizona Eastern Railway Company, and the Chula Vista
Redevelopment Agency Related to the Widening of Palomar Street and the
Traffic Signal Relocation from the Entrance of the MTDB Palomar Street
LRT Station, and Authorizing Chairman to Execute the Memorandum of
Understanding
Community Development Director C _S '
Executive Director -JG '() ~\
(4/5ths Vote: Yes _ No..K.J
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: On July 27, 1993, the Agency approved an Amended Disposition and
Development Agreement (DDA) with Cypress Creek Company for the development of an
approximately 190,000 square foot commercial shopping center (Palomar Trolley Center) on
Palomar Street between Broadway and the Metropolitan Transit Development Board (MTDB)
Palomar Street Trolley Station. The development of the center requires actions which impact
the adjacent trolley station, including the acquisition of right-of-way for the widening of Palomar
Street, the relocation of the existing signalized access to the trolley station to go through the new
commercial center, and the restriping of the MTDB parking lot. A Memorandum of
Understanding has been prepared which would govern the actions of the Agency/City and
MTDB and San Diego & Arizona Eastern Railway Company (SD&AER) that pertain to those
development impacts. The MOU has been approved by MTDB and SD&AER and is ready for
approval by the Redevelopment Agency.
RECOMMENDATION: That the Agency adopt the resolution approving the Memorandum of
Understanding with the San Diego Metropolitan Transit Development Board and San Diego &
Eastern Arizona Railway Company and authorizing the Chairman to execute the Memorandum
of Understanding.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The MOU will allow the construction of the Palomar Trolley Center and the
construction of the access to the Price Company north from Palomar Street to proceed. The
need to reconfigure the trolley station access and to move the signal at the existing access was
a result of the request by the Price Company to have northerly access to their property from
Palomar Street. The Palomar Trolley Center developer accommodated the reconfiguration by
redesigning the center to provide public street access through the center to the trolley station.
MTDB, SD&AER, and staff now wish to memorialize the parties' responsibilities through the
MOU.
1-1
Page 2, Item I/-
Meeting Date 01/18/94
The main terms of the MOD are as follows:
· MTDB will grant right-of-way on Palomar Street to a depth of 29 feet for fair
market value and provide necessary easements and rights of entry for roadway
and for utilities.
· The Agency will require the developer, under terms of the DDA, to build a
dedicated public street through the commercial center to the trolley station, to
make alterations to the trolley station premises to accommodate the changes, to
pay for trolley line grade-crossing widening on Palomar Street to accommodate
the road widening, and to improve two bus stops on Palomar Street in front of
the commercial center. The costs for the subject improvements will be borne by
the developer pursuant to the DDA for the project, but will be subject to
reimbursement by the Agency through sales tax rebate to the degree that total
project public improvement costs exceed $1.2 million, which appears unlikely at
this point.
· The access and egress to the Trolley Station will be designed to minimize delay
for transit buses, with the goal of maintaining or diminishing the existing delay.
The Agency and MTDB will mutually concur on the system to be developed to
ensure expeditious access and egress. Costs associated with the implementation
of any system will be borne by the Price Company, under the terms of the MOD
between the Agency and the Price Company, entered into on May 25, 1993.
· The Agency will require the Developer to enter into a hold harmless agreement
with MTDB for the public improvements constructed by the developer. The
Agency and MTDB will hold each other harmless for performance under the
MOD.
All of the performance actions under the MOD are consistent with the Palomar Trolley Center
DDA and involve levels of risk acceptable to the City Attorney.
FISCAL IMPACT: All of the costs associated with the MOD, which have not yet been
determined, are subject to a cost-sharing provision for public improvements of the DDA between
the Agency and the Trolley Center developer. The DDA requires the developer to pay the costs
of public improvements for the project up to $1. 2 million; the Agency is responsible for up to
the next $200,000; if the costs exceed $1.4 million, either party can choose to withdraw from
the DDA. The public improvement costs for the project were originally estimated at $1.1
million. At this point, it does not appear as though they will exceed the $1.1 million threshold
amount. If that remains the case, the Agency will incur no costs for the improvements governed
by this MOD. The cost of the relocation of the existing signal at the trolley station will be paid
by the Price Company, in accordance with an MOD between the City and the Price Company.
The Palomar Trolley Center project is estimated to generate approximately $4 million in City
and Agency revenues over the first ten years of the project.
[C:IWP51IAGENCY\RA4SITRLYMOU.113)
4-:L
MTDB Doc. No. LOIB6.0-94
SD&AE Doc. No. S200-93-916
T 461.6, SOOl.l
MEMORANDUM OF UNDERSTANDING
BETWEEN THE METROPOLITAN TRANSIT DEVELOPMENT BOARD,
AND THE SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY,
AND THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY
RELATED TO THE WIDENING OF PALOMAR STREET
AND THE TRAFFIC SIGNAL RELOCATION
FROM THE ENTRANCE OF THE MTDB PALOMAR STREET LRT STATION
THIS UNDERSTANDING IS HEREBY
MADE AND ENTERED INTO THIS
DAY OF
1993, BY AND BETWEEN
THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY
276 Fourth Avenue
Chula Vista, CA 91910;
hereinafter referred to as RA
AND
THE SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD, a public agency,
1255 Imperial Avenue, Suite 1000
San Diego, California 92101;
hereinafter referred to as MTDB.
WIT N E SSE T H
WHEREAS, the RA has entered into the Amended Palomar Trolley
Center Disposition and Development Agreement with Cypress Creek Company for
development of an approximately 190,000 square-foot commercial shopping center
on Palomar Street in Chula Vista easterly of and contiguous to the
Palomar Street Light Rail Transit (LRT) Station, which development will
require widening of Palomar Street from Broadway to Industrial Boulevard; and,
WHEREAS, the RA has entered into the Memorandum of Understanding:
Palomar Access--Southwest Redevelopment Project Area with the Price Company,
which governs the parties's responsibilities for the development of a new
public street northerly from Palomar Street and easterly of the LRT Station,
and which includes the relocation of the existing traffic signal at the
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current entrance to the LRT Station to the location of the new public street
approximately 200 feet east of the existing location; and,
WHEREAS, the primary access to the LRT Station will be from the
relocated traffic signal which will require routing through the
Palomar Trolley Center for LRT patrons and buses accessing the LRT Station
from westbound Palomar Street; and
WHEREAS, the RA acknowledges that relocating the traffic signal
imposes constraints on access to the LRT Station not currently suffered under
existing conditions; and
WHEREAS, the RA requires approximately 29 feet in width of MTDB
property for the purposes of widening Palomar Street in conjunction with the
Palomar Trolley Center Project; and
WHEREAS, MTDB is a public agency charged with providing cost-
efficient and effective transit service in the San Diego Metropolitan area;
and
WHEREAS, MTDB endeavors to increase public transportation usage
per capita by making public transit an attractive alternative to the
automobile; and
WHEREAS, mass transit is a public good which provides widespread
benefits related to air quality, personal mobility, traffic management, and
economic development; and
WHEREAS, transit priority is recommended by the Air Pollution
Control District (APCD) and the San Diego Association of Governments (SANDAG)
as an effective measure to reduce vehicular trips;
NOW THEREFORE, in consideration of the foregoing, the parties
agree as follows:
RA agrees to:
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1. Require the Palomar Trolley Center Developer, Cypress Creek
Company, to construct and dedicate the access road from Palomar Street through
the Palomar Trolley Center Project to the MTDB LRT Station as a public street,
in accordance with the Palomar Trolley Center Palomar Street Improvement
Plans, incorporated herein by reference as though fully set forth, which
conform in the matter of the access road with MTDB standards, currently
established and uniformly applied, at no cost to MTDB.
2. Upon mutual concurrence between the City and MTDB, develop a
system for ensuring that the access and egress of buses to and from the LRT
Station is accomplished in an expeditious manner. When completed, the new
primary access to the station should be designed so as to minimize delay to
buses, using transit priority measures, if necessary. The minimum goal is to
ensure that average delays experienced by public transit buses in entering the
LRT Station from westbound travel on Palomar Street will not be greater than
existing average delays for such vehicles and such traffic movements, and a
good faith effort will be made to reduce average delays below the existing
average delays. Levels of existing average delays will be mutually
established by the City of Chula Vista Traffic Engineer and MTDB. Any system
which is mutually determined to be feasible and necessary to achieve the
minimum goal would be implemented at no cost to MTDB. The RA will require
that costs associated with the implementation of a system to accomplish the
minimum goal will be the responsibility of the Price Company, pursuant to
"Memorandum of Understanding---Palomar Access---Southwest Redevelopment
Project Area," entered into between the RA and the Price Company on May 25,
1993.
3. Require the Palomar Trolley Center developer, Cypress Creek
Company, in accordance with the developer's obligations under the Amended
Palomar Trolley Center Disposition and Development Agreement, to design and
construct, per MTDB's Design Standards and LRT Design Criteria, currently
established and uniformly applied, and at no cost to MTDB, physical
improvements to the MTDB facilities as identified in Sheet 8 of the
Palomar Street Improvement Plans, entitled "MTDB Private Improvements," and
provided to MTDB on October 27, 1993, incorporated herein by reference as
though fully set forth, and as subsequently approved by the City Engineer as
to necessity and quality. These physical improvements necessitated by they
Palomar Trolley Center Project and the Price Company/Palomar Access Project
/'
1-5
are limited to: trackwork, gate crossing equipment, landscaping and
irrigation work, reconstruction and/or restriping of the MTDB parking lot and
pedestrian linkages to the Palomar Trolley Center Project.
4. Subject to reasonable approval by the RA and prior approval
of not-to-exceed costs by the City Engineer, require the Palomar Trolley
Center developer to reimburse MTDB, in accordance with the Amended
Palomar Trolley Center Disposition and Development Agreement, for the actual
costs incurred and documented to the City Engineer's reasonable satisfaction
for the following work necessitated by the widening of Palomar Street: the
installation of a rubberized grade crossing for the widened portion of
Palomar Street per MTDB's Design Criteria, currently established and uniformly
applied; the installation and/or relocation of gate crossing equipment and
modification of associated signal and crossing protection circuits; and
widening the existing San Diego and Arizona Eastern (SD&AE) Railway Company
timber railroad crossing of Palomar Street.
5. Require the Palomar Trolley Center developer, pursuant to
the Amended Palomar Trolley Center Disposition and Development Agreement, to
improve two bus stop locations along Palomar Street between Industrial
Boulevard and Broadway, per MTDB design standards, currently established and
uniformly applied, in accordance with the Palomar Trolley Center
Palomar Street Improvement Plans, as incorporated above.
6. Maintain the existing entrance to the MTDB LRT Station as a
right-turn-in/right-turn-out access.
7. Require the Palomar Trolley Center developer, Cypress Creek
Company, to submit final construction plans and special provisions for the
construction work, identified above in Paragraphs 1, 3, and 5 of this
document, to MTDB for approval prior to commencing with final reproduction of
the contract documents. The absence of notification to the RA of non approval
by MTDB of the subject plans and special provisions within thirty (30) days
will constitute approval.
8. Require the Palomar Trolley Center developer, Cypress Creek
Company, to request a "Right of Entry Permit" from MTDB; construction may not
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begin on SD&AE or MTDB property until the permit is issued. The standard
minimum permit fee is $300, plus a $5,000 deposit for MTDB plan review and
inspection of work done on MTDB/SD&AE property or to MTDB facilities.
9. Request roadway and sewer easements from the SD&AE for the
purpose of widening Palomar Street and constructing a sewer line. Provide a
plat map and legal description of the respective roadway and sewer easements.
Provide a letter of estimate of fair market value for each easement and make
an offer for each easement to the SD&AE Board. If estimates of fair market
value or purchase offers are not acceptable to SD&AE Board, engage at no cost
to MTDB or SD&AE, an appraiser mutually acceptable to RA and MTDB,
representing SD&AE Board, which appraiser's determinations of fair market
value shall be considered in good faith by both parties in establishing
purchase prices. If good faith consideration by both parties fails to
establish acceptable purchase prices, the disputed purchase prices shall be
submitted to a qualified arbitrator acceptable to both parties for binding
arbitration, the cost of arbitration to be shared equally by both parties.
10. Request that MTDB quitclaim, in a form approved by the City
Attorney, the necessary interest in the transient vehicle parking easement for
purposes of widening Palomar Street. Provide a plat and legal description of
the portion to be quitclaimed.
11. Except for the acts and omissions of MTDB, its agents and
employees, the RA shall require the Palomar Trolley Center developer, Cypress
Creek Company, to enter into a separate agreement with MTDB to hold harmless,
indemnify, and defend MTDB from and against any and all claims, losses,
demands, actions, charges, costs, and liabilities (including, without
limitation, attorneys' fees and costs) of any kind whatsoever, held or
asserted against MTDB as a result of the construction of improvements for
which the developer is responsible, and as provided for in Paragraphs I, 3,
and 5 above of this document. The provisions of that separate agreement which
pertain to the access road to the LRT Station, the construction and dedication
of which as a public street is required of Cypress Creek Company in Paragraph
1 above, shall extinguish upon the acceptance of the public street by the City
of Chula Vista. Except for the acts and omissions of MTDB, the City shall,
upon the acceptance of said public street, hold harmless, indemnify, and
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defend MTDB from and against any and all claims, losses, demands, actions,
charges, costs, and liabilities (including, without limitation, attorney's
fees and costs) of any kind whatsoever held or asserted against MTDB as a
result of the construction of that public street. The improvements to be made
by MTDB in accordance with Paragraph 4 above of this document are specifically
excluded from the requirements of this Paragraph 11 above of this document.
12. Contact MTDB for a final inspection and approval prior to
accepting the construction work governed by this document as complete. Such
approval by MTDB shall not be unreasonably delayed or withheld.
MTDB/SD&AE agree to:
1. In exchange for the fair market value, to be determined as
established in Paragraph 9 above of this document, SD&AE will grant to the
City of Chula Vista, in a form reasonably satisfactory to the City Attorney,
a roadway easement necessary for the widening of Palomar Street, essentially
as described in Attachment A.
2. MTDB/SD&AE wi 11 grant a "Right of Entry Permi t" to the RA or
its designee in a timely manner prior to the start of construction.
3. MTDB will quitclaim, at no cost to the City of Chula Vista
and in a form reasonably satisfactory to the City Attorney, a portion of
MTDB's transient vehicle parking easement obtained from San Diego Gas and
Electric Company (SDG&E) to the City of Chula Vista for the purpose of
widening Palomar Street, essentially as shown in Attachment B.
4. Submit an application in a timely manner to the California
Public Utilities Commission, per General Order No. 88-A, Rules For Altering
Public Railroad-Highway Grade Crossings, to effect the alterations
contemplated in this document, and diligently pursue the approval of said
application to completion.
5. In exchange for fair market value, to be determined as
established in Paragraph 9 above of this document, SD&AE will grant to the
Ar- 4-8
APPROVED AS TO FORM
Bruce Boogaard
General Counsel of the Redevelopment
Agency of the City of Chula Vista
APPROVED AS TO FORM
< -- -=........., -=='
GeneralCounse 1
-;:?.~ ,A-.)
Date
SAN DIEGO & ARIZONA EASTERN
RAILWAY COMPANY
~~~ 1>--1'?ltf~
Board Member
Date
ACKNOWLEDGED AND APPROVED:
Cypress Creek Company Date
TFl:jrb:seg
MOU-PAlM.JRB
1I/30/93
Attachments: A. Street Dedication - Roadway Easement
B. Quitclaim of SDG&E Transient Vehicle Parking Easement
C. Sewer Easement Acquisition
/ 4- It>
City of Chula Vista, in a form reasonably satisfactory to the City Attorney, a
ten-foot-wide sewer easement, essentially as shown in Attachment c.
Genera 1 Provi s ions:
1. Each agency participating in this Agreement shall defend,
indemnify, and hold harmless each other participating agency from all costs,
demands, actions, liability or loss which may arise from or be incurred as the
result of injury or damage to persons or property in connection with its own
performance under this Agreement, or as the result of any negligent act or
omission of any of its employees, agents, contractors, or subcontractors.
2. 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 including, without limitation, (a) appropriate
documentation for the transfer of property interests contemplated hereby, and
(b) implementation agreements to the extent reasonably requested by one or
more of the parties hereto and mutually agreed to by all affected parties
which establish in more detail the terms and conditions for the performance of
one or more of the obligations hereunder.
3. This agreement, together with all exhibits attached hereto and
other agreements expressly referred to herein, constitute the entire agreement
between the parties with respect to the subject matter contained herein. All
prior or contemporaneous agreements, understandings, representations,
warranties and statements, oral or written, are hereby superseded.
SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD
CITY OF CHULA VISTA
REDEVELOPMENT AGENCY
~0.~
Thomas F. Larwin
1)..-/lol'1.J
Date Tim Nader
Chairman
Date
~ ~- CJ
EXHIBIT 'B'
LEGEND:
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[ ]
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STREIT DEDICA nON WITHIN S.D. II< AE.
AREA= 6,751 SQ. n:
INDICATES RECORD DATA PER R.O.S. 1710
INDICA TES RECORD DA TA PER
BOOK 472, PAGE JJ3
INDICA TES RECORD DA TA PER
DOCUMENT NO. 177717
PUBUC HIGHWA Y EASEMENT PER
Doc. RECORDED SEPT. 29, 1964
AS DOC. NO. 177717, O.R.
r AlRrlELD
MAP NO. 1349
INOUSTRIAL BOULEVARD,
A PUBUC ROAD PER
Doc. RECOROED SEPT. 2S,
1909 IN BOOK 472, ON
PAGE JJ3 OF DEEDS
UNE
n
T2
T3
T4
T5
15
DlREcnON
N 00'0230 II'
N 00'D2 30 W
N 181SOO W
N 181500 W
N 181500 W
N 39'D9 28 E
DISTANCE
30.20
29.19
65.00
33.05
31.95
42.13
CURVE I RADIUS I LENGTH I DELTA I
Cl 25.00' SO.IO' 114"413'Sr.
~
Project Design Conntlt4nts
~-~
ATTACHMENT A
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PARCEL 3
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IfA
P.M. 14977
PORTION OF PALOI./AR STREET. A
COUNTY HIGHWA Y EASEMENT PER
Doc. RECORDED FEB. I, 19B2
AS F /p NO. 82-028292, O.R.
PORTION OF PALOI./AR S7REET PER
CONDEMNATION RECORDED MAY 17. 1965
AS Doc. NO. 88J82, O.R.
P.O.B.
STREET ."
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SECTION 16
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PROJECT I
BOUNDARY
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CITY OF CHULA VISTA
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PALOMAR STREET
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This yage intentionally left blank.
J./ - I 1---
EXHIBIT 'B'
LEGEND:
~
Sll?ffT OED/CAnON Vtl1HIN~"'~
AREA= 12.264 so. FT. ...
( ) INDlCA7E:S RECORD DATA PER R.O.S. 1710
PUBUC H/GHWA Y EASEMENT PER
Doc. RECORDED SEPT. 29, 1964
AS Doc. NO. 177717. D.R.
...
.~
F AJRPJELD
MAP NO. 1349
INDUS7RJAL BOULEVARD.
A PUBUC ROAD PER
Doc. RECORDED SEPT. 25,
1909 IN BOOK 472, ON
PAGE JJ3 OF DEEDS
UNE
17
12
13
T4
15
DlRE:CnON
N 00'0 30 W
N W
N 1Ir/500 W
N18'OOW
NI8'OOW
DISTANCE
30.20
29.19
65.00
JJ.05
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.
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ProJect lJIJrign G'onsult4nts
~ ond .,..-"..........
ATTACHMENT B
PARCEL 3
~~
IN ~
t'i
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P.M. 14977
PDRnON OF PALOMAR Sll?rrr. A
COUNTY H/GHWA Y EASEMENT PER
Doc. RECORDED FCB. I, 1982
AS F /p NO. 82-028292, O.R.
pO/mON OF PALOMAR Sll?ffT PER
CONOEMNAnON RECORDED MAY 17, 1965
AS Doc. NO. 88J82, O.R.
...
""
.O.B.
STREET
N 83'26'0.1" '" b
N BJ'26 fl> ...,
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MAP No. 729
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\
~
VICINITY MAP
NOT TO SCALE
DOUGLAS C. PAUL RCE 22606 DA
RE:G. E:XPIRA17ON: 12-31-93
CITY OF CHULA VISTA
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PALOMAR STREET
--..,
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This yage intentionally left blank.
J-/ - 1't
.
ATTACHMENT C ~
.
, '
EXHIBIT 'B'
LEGEND:
1
WALMER'S SUBDiViSiON
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VICINITY MAP
NOT TO SCALE
P.O.B. PARCEL 'B'
ORnON OF UNNAMED ROAD VACA7lD
PER Doc. RECORDED 4-4-75
AS F /p NO. 75-077760, O.R.
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BETVtfEN S.D.A. .t E. AND
IIONTGOI./ERY SAN/TA nON DISTRICT
ER DOCU/lENT RECORDED 12-11-79 .............
F /p NO. 79-518464, O.R. \ 12 ..........
<=-.H- I ~ I
C. PAUL RCE 226
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ProJaat Derign. eonswt..nts
~-~
CITY OF CHULA VISTA
I SEWER EASEMENT ACQUlSmON:
IN LOT 5 OF MAP 729 (WALMER'S SUBDIVISION)
y- ,$
This yage intentionally left blank.
4'" ,to
RESOLUTION 1385
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT
DEVELOPMENT BOARD, SAN DIEGO & ARIZONA EASTERN
RAILWAY COMPANY, AND THE CHULA VISTA REDEVELOPMENT
AGENCY RELATED TO THE WIDENING OF PALOMAR STREET AND
THE TRAFFIC SIGNAL RELOCATION FROM THE ENTRANCE OF THE
MTDB PALOMAR STREET LRT STATION, AND AUTHORIZING
CHAIRMAN TO EXECUTE THE MEMORANDUM OF UNDERSTANDING
WHEREAS, the Redevelopment Agency has entered into the Amended Palomar
Trolley Center Disposition and Development Agreement (DDA) with Cypress Creek Company
for development of an approximately 190,000 square foot commercial shopping center; and,
WHEREAS, the Redevelopment Agency has entered into the "Memorandum of
Understanding--Palomar Access--Southwest Redevelopment Project Area" (Price MOU) with the
Price Company which governs the development of a public street northerly of Palomar Street
and easterly of the Metropolitan Transit Development Board (MTDB) Palomar Trolley Station
and the resultant necessary relocation of the existing signalized primary access to the Palomar
Trolley Station from Palomar Street; and,
WHEREAS, the development of said shopping center in accordance with the
DDA and the development of the new public street in accordance with the Price MOU will
require actions including the widening of Palomar Street in front of the center and the
Metropolitan Development Transit Board (MTDB) Palomar Trolley Station, the reconfiguration
of the primary access to the Palomar Trolley Station through the shopping center, the relocation
of utilities and a traffic signal, and alterations to the Palomar Trolley Station and the railroad
crossing of Palomar Street; and,
WHEREAS, the Agency and MTDB and San Diego & Arizona Eastern Railway
Company (SD&AER) are desirous of establishing an understanding of the obligations and rights
of the three parties resulting from those actions in accordance with the DDA, and a
Memorandum of Understanding has been prepared between the parties which establishes such
understanding, that Memorandum being entitled "Memorandum of Understanding Between the
Metropolitan Transit Development Board, the San Diego & Arizona Eastern Railway Company,
and the City of Chula Vista Redevelopment Agency Related to the Widening of Palomar Street
and the Traffic Signal Relocation From the Entrance of the MTDB Palomar Street LRT Station"
said document on file in the Office of the Secretary to the Redevelopment Agency and known
as document RACO-04-94.
t.t-..11
1385
RESOLUTION _
Page 2
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA does hereby fmd, order, determine and resolve that the Memorandum
of Understanding is approved and that the Chairman is authorized to execute the Memorandum
of Understanding.
PRESENTED BY:
(OL ~~/
Chris Salomone, Executive Secretary and
Community Development Director
[C:IWP51IAGENCYIRESOSI1RLLYMOU.RES]
/
~/
ED AS rlol M BY (i
IAj ~
Bruce M. Boogaard
Agency General Couns I
4~/f
JOINT REDEVELOPMENT AGENCY/CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
[A] AGENCY
[B] COUNCIL
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
Item 5
Meeting Date 01/18/94
RESOLUTION /~ KID Authorizing the execution of an Agreement
for Cooperation between the City of Chula Vista, Chula Vista
Redevelopment Agency and the Southwestern Community College District
for the Southwest Redevelopment Project Area
RESOLUTION /1:3'" Authorizing the execution of an Agreement
for Cooperation between the City of Chula Vista, Chula Vista
Redevelopment Agency and the Southwestern Community College District
for the Southwest Redevelopment Project Area
Community Development Dir:rr (? .
Executive Director,JG. \:).t:\, fi1' I
U (4/5ths Vote: Yes No X)
Health and Safety Code Section 33401 authorized Community Redevelopment Agencies to enter
into agreements to pay any taxing agencies with territory within a redevelopment project area,
the appropriate amount of money necessary to alleviate any financial burden or detriment caused
to the taxing agency by the adoption of the redevelopment project. The Southwestern
Community College District ("College") advised the Agency of the potential negative financial
impact on the College as a result of the adoption and implementation of the Southwest
Redevelopment Plan and the subsequent allocation of tax increment revenues to the Agency
pursuant to Health and Safety Code Section 33670 (b).
The attached final negotiated tax sharing agreement seeks to alleviate the potential negative
financial impact on the College by sharing a portion of the tax increment revenue generated in
the project area from the College's "share" of the tax increment revenue that would have been
paid to the College if the project area was not adopted. The agreement is substantially the same,
except for the tax sharing percentages, as the previously approved taxing agreements with the
Sweetwater Union High School District, Chula Vista Elementary School District and San Diego
County Office of Education.
RECOMMENDATION: Adopt the Resolution which authorizes the execution of the agreement
with the Southwestern Community College District for the Southwest Project Area.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
S-I
Page 2, Item 5
Meeting Date 01118/94
DISCUSSION:
The attached Agreement for Cooperation contains the following significant provisions:
1. Allocation of Tax Increment Revenue: Prior to the adoption of the
Redevelopment Plan, the District received approximately 4.83% of the property
tax revenue levied upon taxable property in the "area". This Agreement allows
for 4.83 % of the tax revenue generated above the base year (District Contribution
to Tax Increment) to be allocated 60 % to the Agency and 40 % to the District.
Attached is an illustrative chart of how the allocation is calculated, and an
accompanying diagram showing the property tax increment revenue subject to
division.
2. Housin~ Set-Aside: The 20% Housing Set-Aside requirement is to be borne from
the 60% Agency portion. In essence, of the 4.83% District amount, 40% goes
to the Agency, 40% goes to the District and 20% goes to the Low and Moderate
Income Housing Fund.
3. Fund Administration and Management: The tax increment revenue is to be paid
to the Agency at which time the College's portion is to be deposited into a
separate College Fund and invested. Semi-annually, (December and June) the
funds are to be released to the College at which time the College assumes
management of the funds pursuant to the established requirements in the
Agreement.
4. Use of Funds: The District funds are to be used to finance District-related
redevelopment projects that benefit the Agency and the Project Area, including
but not limited to, the rehabilitation, construction and/or reconstruction of
classrooms, athletic facilities, administration facilities, and on-site and off-site
improvements. Additionally, the funds can be used for planning, design,
engineering and property acquisition for public school facilities.
Two extremely important negotiated provisions in the agreement ensure that the tax increment
revenues subject to "sharing" are net of: 1) County-imposed property tax administration charges
for the project area, and 2) State mandated shift of funds or reduction in property tax revenues.
These two important provisions, in addition to smaller administrative issues, accounted for the
lion's share of the delay in finalizing the agreement from the framework "deal points" outlined
in the Memorandum of Understanding adopted in December 1990.
FISCAL IMPACT:
The implementation of the Agreement for Cooperation will have an immediate negative fiscal
impact on Agency revenues by reducing the tax increment from the Southwest Project Area by
1.9% (40% of 4.83%). However, the use of the funds to the College are limited, and
theoretically, should create a long-term benefit to the Agency and College through the successful
completion of related projects that otherwise may not have been created without the formation
.5"-.2,
Page 2, Item .5
Meeting Date 01118/94
of the project. Since the monies the College receives through this tax sharing agreement are not
counted against their State funding level, (as they would be absent an agreement) the funds
represent increased revenues to the College and, over the long-run, could benefit the Agency by
reducing the amount, if any, of additional financial assistance necessary for the College to
continue to increase and improve their public school facilities.
C:\WP51 \HAYNESIREPORTS\SWCCDTAX.RA4
5-3
Sample Tax Increment Distribution Calculation
Southwestern Community College District and
Redevelopment Agency of the City of Chula Vista
1. Current Year Assessed Valuation $100,000,000
2. Less: Base Year (90-91) Assessed Valuation 20.000.000
3. Equals: Assessed Valuation Growth from Base Year $ 80,000,000
4. Tax Increment Revenue from 1 % General Levy (a) $ 800,000
5. College Share of Tax Increment Revenue (4.83%) $ 38,640
6. Allocation to College Fund from College Share (40%) $ 15,456
7. Allocation to Agency Fund from College Share (60%) (b) $ 23,184
Notes:
a. Tax Increment Revenue from 1 % General Levy is calculated by the County of San Diego
b. Agency is responsible for paying the 20% Housing Set-Aside requirement from the
Agency share
5-'/
10.00
9.00
8.00
Hypothetical Tax Increment Generation Model
7.00
6.00
..,
co
~ 5.00
~ This line represents
4.00 the amount of tax in-
3.00 available for division in
the 21 st year--$
2.00
1.00
This represents 4% growth in Tax Increment
This represents 2% Growth
0.00
.1 2 3 4 5 6 7 8 9 1011121314151617181920 22232425262728293031323334353637383940
S -5
This yage intentionAlly left blank.
5--10
SOUTHWEST REDEVELOPMENT PROJECT AREA
AGREEMENT FOR COOPERATION
BETWEEN THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT,
THE CITY OF CHULA VISTA,
AND THE
CHULA VISTA REDEVELOPMENT AGENCY
THIS AGREEMENT is entered into on the 22nd day of December ,
1993, by and between the CHULA VISTA REDEVELOPMENT AGENCY
("Agency") a public body, corporate and politic, the CITY OF CHULA
VISTA, a municipal corporation ("city") and the SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT ("College").
B.E.QIl:AL~
A. The city and the Agency have conducted the necessary
proceedings and held a public hearing to adopt an ordinance
approving a Redevelopment Plan for the Southwest Redevelopment
Project Area.
B. The City and Agency considered whether or not the
Southwest Redevelopment Project Area is a blighted area within the
meaning of the California Community Redevelopment Law (Health and
Safety Code Section 33000, et seq.) because of the existence of
properties which are stagnant, improperly utilized, and
unproductive because of defective or inadequate street layout,
faulty lot layout in relation to size, shape, accessibility, or
usefulness, because of the existence of inadequate public
improvements which cannot be remedied by private or governmental
action without redevelopment, and for other reasons.
c. The Project Area Committee for the Project Area and the
Planning commission reviewed the proposed Redevelopment Plan and
recommended its approval.
D. The College is a taxing agency which may be affected by
the adoption of the Redevelopment Plan and the allocation of tax
increment revenues to the Agency pursuant to Health and Safety Code
Section 33670(b).
E. Health and Safety Code Section 33401 authorizes the
Agency to enter into agreements to pay to any taxing agency with
territory located within the Southwest Redevelopment Project Area,
other than the City, any amounts of money which in the Agency's
determination are appropriate to alleviate any financial burden or
detriment caused to the taxing agency by~he Project.
F. The College has advised the Agency of the potential
financial impact resulting from the adoption and implementation of
the Southwest Redevelopment Plan on the College.
5-7
G. The parties hereby find that the Agency's implementation
of the Redevelopment Plan will result in an increased need for
certain College services in and around the Project and that the
Plan for the Project Area may thereby cause a financial burden on
and detriment to the College.
H. The College and Agency wish to enter into an agreement to
alleviate the financial burden which may be caused to the College
because of redevelopment activities in the Southwest Redevelopment
Project Area.
I. In accordance with Health and Safety Code Section 33401
the College and Agency further wish to enter into a cooperative
agreement, to provide mutual aid and assistance in the
redevelopment of the Southwest Redevelopment Project Area through
the construction, operation, and maintenance of certain facilities
and improvements of benefit to the city, the Agency, and the
College.
J. College and Agency recognize the need to provide adequate
public school facilities to serve the project and thereby assist in
eliminating blighting conditions. The parties have determined that
such facilities are of primary benefit to the Project or the
immediate neighborhood in which the Project is located and that
redevelopment financing is the only means of financing all or a
portion of the rehabilitation, construction, and reconstruction of
such pUblic school facilities in conjunction with other available
College financing.
A.!iB~~I1.~HT
NOW, THEREFORE, in consideration of the foregoing and the mutual
promises and covenants set forth herein, the parties agree as
follows:
1. Definitions.
The words and terms in this Agreement shall have the following
meanings:
1.1 "Agency" shall mean the Redevelopment Agency of the
City of Chula Vista.
1.2 "Base Tax Revenue" means that portion of the
property tax revenue that is levied upon taxable property in the
Project Area by or for the benefit of any lawful taxing agency
which is allocated to and paid the respective taxing agencies as
taxes by or for the taxing agencies under the authority of Health
and Safety Code Section 33670(a). -
1.3. "Bonded Indebtedness Revenue" shall mean that
portion of the taxes in excess of the amount identified in
Page 2
5-8
subdivision (a) of Health and Safety Code Section 33670 which are
attributable to a tax rate levied by a taxing agency for the
purpose of producing revenues in an amount sufficient to make
annual repayments of the principal of, and the interest on, any
bonded indebtedness which is allocated to and paid into the fund
the respective taxing agency under the authority of subsection (e)
of Health and Safety Code Section 33670.
1. 4 "Bonds" shall mean any bond, note, interim
certificate, debenture or other obligation issued by the Agency.
1. 5 "city" shall mean the city of Chula Vista, a
municipal corporation.
1.6 "College" shall mean the Southwestern Community
College District, a public agency. I
1.7 "College's Bonded Indebtedness Revenue" shall mean
that portion of Bonded Indebtedness Revenue which is allocated to
and paid into the fund of the College under the authority of
subsection (e) of Health and Safety Code Section 33670.
1.8 "College Contribution to Tax Increment" means that
portion of the Tax Increment Revenue which, in the absence of the
establishment of the Project Area and the Redevelopment Plan, would
have been allocated to and paid to the College. College
Contribution to Tax Increment is the same proportion of the Tax
Increment Revenues as the College's Share of Base Tax Revenues is
of the Base Tax Revenues, currently estimated to be 4.83%.
1.9 "College Fund" shall .mean the Southwestern Community
College District Trust Fund established and administered by the
Agency.
1.10 "College Share of Base Tax Revenue" means that
portion of the Base Tax Revenue which is allocated to and paid to
the College. The College's Share of Base Tax Revenue is currently
estimated to be 4.83% for this Project Area.
1.11 "Fiscal Year" shall mean the period from July 1 to
and including the following June 30.
1.12 "Indebtedness" shall mean any principal and
interest on loans, monies advanced to, or other indebtedness
(whether funded, refunded, assumed or otherwise) incurred by the
Agency to finance or refinance, in whole or in part, the
implementation of the Redevelopment Plan.
1.13 "Ordinance" shall mean Ordinance 2420 of the City
adopting the Redevelopment Plan on November 18, 1990.
1.14 "Project" shall mean the Southwest Redevelopment
Page 3
s-CJ
Plan and Project Area.
1.15 "proj ect Area" shall mean the Southwest
Redevelopment Project Area as identified in Exhibit A, attached
hereto and incorporated herein by reference.
1.16 "Redevelopment Activities" shall mean
redevelopment acti vi ties set forth in the Redevelopment
pursuant to Section 33678 of the Health and Safety Code.
those
Plan,
1.17 "Redevelopment Plan" or "Plan" shall mean the Plan
prepared by the Agency and adopted by the city Council for the
Southwest Redevelopment Project Area pursuant to the Ordinance, as
required by law and modified by Amendment I adopted by the City
Council on July 9, 1991 pursuant to Ordinance No. 2467, as it may
be further amended from time to time in accordance with the terms
of this Agreement.
1.18 "Redevelopment Projects" shall mean those projects
identified in the Redevelopment Plan.
1.19 "Tax Increment Revenue" means that portion of the
property tax revenue that is levied upon taxable property in the
Project Area by or for the benefit of any lawful taxing agency
which is allocated to and paid into a special fund of the Agency
under the authority of Health and Safety Code section 33670(b) , net
of any County-imposed property tax administration charges. By its
terms, and as a matter of clarification, Tax Increment Revenue
excludes that portion of the taxes in excess of the amount
identified in subdivision (a) of Health and Safety Code Section
33670 which are attributable to a tax rate levied by a taxing
agency for the purpose of producing revenues in an amount
sufficient to make annual repayments of the principal of, and the
interest on, any bonded indebtedness which is allocated to and paid
into the fund the respective taxing agency under the authority of
subsection (e) of Health and Safety Code Section 33670 ("Bonded
Indebtedness Revenue").
2. Allocation of Tax Revenues.
2.1 To the extent that the College'S contribution to Tax
Increment Revenues are received by the Agency, and in the manner as
set forth in this Agreement, the Agency shall allocate College'S
Contribution to Tax Increment Revenues each year as follows:
A. 60% to the Agency and 40% to the College Fund.
The Agency shall meet any obligation under Section 33334.2
("20% affordable housing set aside") out-of Agency's 60% share.
College's Bonded Indebtedness Revenues are to be separately
distributed by the County, and are not considered, by the
Page 4
5-10
definitions herein provided, as part of the College's Contribution
to Tax Increment Revenues.
2.2. The College, Agency and city agree that any state
mandated shift of funds or reduction in property tax revenues that
impact the Southwest Project Area will also proportionately impact
the College share of property taxes described in section 2.1 above.
The College Contribution to Tax Increment Revenues allocated
pursuant to Section 2.1 will be net of any related shift or
reductions imposed by the State and impacting the Project.
2.3. Attached as Exhibit B is an example, for
illustrative purposes only, of a typical calculation relating to
the allocation of College's Contribution to Tax Increment Revenues
pursuant to this Agreement.
3. Manaaement and Ooeration of the Colleae Fund.
3.1 Agency to Hold Funds.
The Agency shall hold and invest the monies on
deposit in the College Fund.
3.2 Deposits.
Monies required by this agreement to be paid into
the College Fund will be deposited by the Agency within 30 days
after receipt by the Agency of the College Contribution to Tax
Increment revenues from the County.
3.3 Interest.
These monies will earn interest from the date of
deposit into the College Fund at the same rate as city and Agency
pooled funds. Interest so earned on monies deposited in the
College Fund shall be allocated into the College Fund on a monthly
basis. The College's funds shall be invested in the same manner as
the City'S or Agency's funds. The College shall accept all
investment risk accepted by the city and the Agency as to the
College funds. In so far as the College Fund shares in the same
earnings ratio, the College Fund shall share in the same loss
ratio, if it occurs. The College shall hold the city and the
Agency harmless of any treasury risk.
to College.
3.4 Remittance to Fund Control Account or Payment
The Agency shall remit funas held on deposit in the
College Fund, and all interest earned and allocated thereon,
directly to the College, semi-annually in December and June of each
year.
Page 5
.5-11
3.5 Use of Funds.
Monies deposited in the College Fund shall be used
by the District to finance the following redevelopment projects for
the benefit of the Agency and the Project Area including, but not
limited to, the following purposes:
(i) Rehabilitation, construction and/or
reconstructions of:
a. Permanent or temporary classrooms;
b. Gyms, athletic or recreational
facilities, and pools;
c. Library, auditorium and school site
administration facilities;
d. College administrative office,
maintenance and warehousing
facilities;
e. On-site and off-site public
improvements such as, but not
limited to, sidewalks, crosswalks,
lights, curbs, gutters, and streets;
f.
Landscaping,
lighting; and
irrigation
and
g. Other ancillary facilities and
equipment appurtenant to a school or
College facility to make such
facilities operable.
(ii) Acquisition of property for public
school facilities, College administrative and
other support services.
(iii) Design, planning, administrative and
eng~neering costs for the acquisition,
rehabilitation, construction or reconstruction
cost of the specifically designed project.
3.6. Accounting.
The Agency will provide the College with semi-annual
reports disclosing the amount allocated to the College Fund and the
interest earned to date. In providing this financial information,
the city may use currently generated reports submitted in January
and July each year to the College.
Page 6
s-/:J...
3.7. Hold Harmless.
The College shall indemnify, defend and hold the City and
the Agency harmless from any liability, adverse judgment, costs
including attorney's fees and court costs, claims or other losses
incurred or suffered by the City or the Agency as a result of
entering into agreement, or creating the College Fund, or for
receiving deposits, investing funds, or permitting withdrawals
therefrom.
4. Aaencv Obliaations Constitute Indebtedness.
The College and Agency agree that the Agency's obligations
hereunder to make payments constitute an indebtedness of the Agency
within the meaning of Health and Safety Code Section 33675.
5. Tax Revenue Payment Not Affected bv Aaencv Indebtedness.
The allocation and payment of all tax revenues pursuant to
this agreement shall be allocated and paid notwithstanding any
Agency bond resolution or indenture providing for the issuance of
tax allocation bonds, or other forms of indebtedness hereinafter
incurred by Agency under the Health and Safety Code including
revenues to be distributed to other affected taxing entities to
alleviate any financial burden or detriment caused by the Project,
except as may thereafter be mutually agreed upon.
6. Chanaes in Fundina.
In the event of a revenue loss to the College or Agency
greater than that contemplated in this agreement due to a change of
state laws regarding the distribution of property tax revenues to
redevelopment agencies, College and Agency agree to meet and confer
for the purpose of negotiating an amendment to this agreement to
prevent or limit such loss to the College or Agency to the extent
same can be accomplished without material financial burden to the
other party.
7. Amendments to Redevelopment Plan.
In the event of any amendment to the Redevelopment Plan which
would add additional territory to the Project Area after January I,
1994 then the provisions of Health and Safety Code Section 33607.5
shall apply to determine the College'S and the Agency's respective
shares of the College'S Contribution to Tax Increment Revenue
hereunder but only with respect to the territory added by such
amendment. Notwithstanding any such amendment, the COllege'S
contribution to Tax Increment Revenue generated by the Project Area
as it exists prior to January I, 1994 - (without the additional
territory added by the amendment) shall continue to be allocated in
accordance with the distribution provisions set forth in Section 2
hereof. In the event of any amendment to the Redevelopment Plan
Page 7
5-/3
provided for in Health and Safety Code Section 33607.7, then,
except as provided above with respect to amendments which would add
territory, the College's Contribution to Tax Increment Revenue
shall be allocated in accordance with the provision of Section 2
hereof.
8. Findinas bv the citv Council of the citv.
The parties agree the city Council for the City has found and
determined, in connection with the construction of any building
facility, structure or other improvement, provided for in this
Agreement, as follows:
The improvements for which
allocated are of benefit
Redevelopment Project Area.
b. No other reasonable means of financing any of the
improvements are available to the College, City, or
Agency.
a.
funds are
to the
used or
Southwest
9. Colleae. Aaencv. and Citv Cooperation in Pro;ect Area
Development.
9.1. It is the intent and desire of the College, Agency,
and City to expedite and facilitate redevelopment consistent with
the goals and objectives of the Redevelopment Plan.
9.2. In general, College, Agency, and city agree to
assist one another in the implementation of the Redevelopment Plan
in accordance with applicable state and federal laws. The College,
Agency, and City shall supply to one another such information and
reports as from time to time either may reasonably require in order
to undertake their respective obligation.
10. Conditions Precedent.
The following events are conditions precedent to any duties or
obligations to be performed herein by any party to this Agreement:
10.1. Any duty imposed on the Agency by this Agreement
is based upon the existence of Tax Revenues sufficient to allow
Agency to perform as required herein. No representations or
assurances are made by the Agency as to when, if ever, sufficient
tax revenues will be available for these purposes.
10.2. No lawsuit is filed, within the time allowed by
statute, challenging the Redevelopment Plan, its adoption, or the
environmental review of the Project Area.
11. Condition Subseauent.
Page 8
s -1'1
As a condition subsequent to the parties' obligations herein,
if any action is taken pursuant to california law which results in
terminating the Project, the parties shall have no further duties
or obligation hereunder.
12. Financial Burden Alleviated.
College agrees this Agreement alleviates any financial burden
or detriment which may be caused to the College due to redevelop-
ment activities in the Project Area.
13. Leqal Challenqe.
The College, Agency, and City agree that in the event
litigation is initiated by someone not a party to this Agreement
attacking the validity of all or any portion of this Agreement, all
parties shall support and seek to uphold this Agreement. This
provision shall not modify the indemnity obligations of the parties
created by this agreement.
14. Litiqation Between Parties.
If either party commences litigation against the other for the
purpose of determining or enforcing its right hereunder or for
money damages for a breach hereof or for other equitable relief
related hereto, the prevailing party shall be entitled to receive
from the losing party, attorneys' fees in an amount determined by
the courts, together with costs reasonably incurred in prosecuting
or defending.
15. General Provisions.
15.1 Settlement. By this Agreement, the parties intend
to resolve any differences with respect to the Redevelopment Plan,
and College agrees to forebear and waive its rights to pursue any
suit or action of any nature whatsoever including, without
limitation, the formation of a fiscal review committee under Health
and Safety Code Section 33353, et. seq. challenging the validity,
effectiveness or terms of the Redevelopment Plan, the Project Area,
the Environmental Impact Report in relation to this Project, or any
related matters.
15.2. Effective Date and Term. This Agreement shall
become effective upon the date specified above upon which date the
Agreement was entered. This Agreement shall remain in effect until
the Redevelopment Plan expires, or is earlier terminated by law or
in accordance with its terms.
15.3. Severability. Each paragraph and provision of
this Agreement is severable from each other provision, and if any
provision or part hereof is declared invalid, the rema~n~ng
provisions shall nevertheless remain in full force and effect.
Page 9
5-/5
15.4. Entire Agreement. This Agreement constitutes the
entire, complete, and final expression of the Agreement of the
parties. As of the effecti ve date hereof, the Preliminary
Memorandum of Understanding between the parties dated October 19,
1990 is hereby superseded.
15.5. Construction. This agreement was jointly prepared
by the two parties hereto, each of whom had the right to review
same by counsel of their choice. No rule of construction shall be
implied against the party actually drafting same.
Page 10
5-1'
Signature Page
to
SOUTHWEST REDEVELOPMENT PROJECT AREA
AGREEMENT FOR COOPERATION
BETWEEN THE
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT,
THE CITY OF CHULA VISTA,
AND THE
CHULA VISTA REDEVELOPMENT AGENCY
Now therefore, the parties hereto, having read and understood
the terms and conditions of this agreement, do hereby express their
consent to the terms hereof by setting their hand hereto on the
date set forth adjacent thereto.
Dated: December 2~ 1993
City of Chula vista
by:
Tim Nader, its Mayor
Attest:
Beverly Authelet
City Clerk
Chula Vista Redevelopment Agency
by:
John Goss, Executive Director
Approved as to Form:
Bruce M. Boogaard
City Attorney and Agency
Attorney
Approved as to Form
Community
College
r---
College Counsel
C:\ag\ccl1",..pta
Page 11
5-17
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SOUTHWEST REDEVELOPMENT
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EXHIBIT B
Sample Tax Increment Distribution Calculation
Southwestern Community College District and
Redevelopment Agency of the City of Chula Vista
1. Current Year Assessed Valuation $100,000,000
2. Less: Base Year (90-91) Assessed Valuation 20.000.000
3. Equals: Assessed Valuation Growth from Base Year $ 80,000,000
4. Tax Increment Revenue from 1 % General Levy (a) $ 800,000
5. College Share of Tax Increment Revenue (4.83%) $ 38,640
6. Allocation to College Fund from College Share (40%) $ 15,456
7. Allocation to Agency Fund from College Share (60%) (b) $ 23,184
Notes:
a. Tax Increment Revenue from 1 % General Levy is calculated by the County of San Diego
b. Agency is responsible for paying the 20% Housing Set-Aside requirement from the
Agency share
S-.2D
RESOLUTION / SIt:,
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXECUTION OF AN AGREEMENT
FOR COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA
VISTA REDEVELOPMENT AGENCY AND THE SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT FOR THE SOUTHWEST
REDEVELOPMENT PROJECT AREA
WHEREAS, the Southwestern Community College District ("District") has
advised the Agency of the potential impact resulting from the adoption and implementation of
the Southwest Redevelopment Plan on the District; and,
WHEREAS, the District and Agency wish to enter into this agreement to alleviate
the fmancial burden which may be caused to the District because of redevelopment activities in
the Southwest Redevelopment Project Area; and,
WHEREAS, Health and Safety Code Section 33401, in place prior to the
amendment in January 1994 commonly known as "AB 1290, is applicable to the Southwest
Redevelopment Project Area and authorized the Agency to enter into agreements to pay any
taxing agency with territory located within a redevelopment project area, any amounts of money
which in the Agency's determination are appropriate to alleviate any financial burden or
detriment caused to the taxing agency by the redevelopment project; and,
WHEREAS, in accordance with Health and Safety Code Section 33401 in place
prior to AB 1290, the District and Agency further wish to enter into this agreement to provide
mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area
through the construction, operation, and maintenance of certain facilities and improvements of
benefit to the City, Agency, and the District.
NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA does hereby fmd, order, detennine and resolve that the Redevelopment
Agency of the City of Chula Vista hereby authorizes the execution of an Agreement for
Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the
Southwestern Community College District.
(JA' s:'~
Chris Salomone, Executive Secretary
Community Development Director
BY:
PRESENTED BY:
Bruce M. Boogaard
Agency General Counsel
C:\WP51 \HAYNES\DOCUMENTlSWCCDTAX.RES
5-:1-1
This yage intentionaIly left blank.
S-:1~
RESOLUTION /73 b ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR
COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA
REDEVELOPMENT AGENCY AND THE SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT FOR THE SOUTHWEST REDEVELOPMENT
PROJECT AREA.
WHEREAS, the Southwestern Community College District ("College") has
advised the City of the potential financial impact resulting from the adoption and implementation
of the Southwest Redevelopment Plan on the College; and,
WHEREAS, the College and City wish to enter into this agreement to alleviate
the financial burden which may be caused to the College because of redevelopment activities in
the Southwest Redevelopment Project Area; and,
WHEREAS, Health and Safety Code Section 33401, in place prior to the
amendment in January 1994 commonly known as "AB 1290", is applicable to the Southwest
Project Area and authorized the City to enter into agreements to pay any taxing agency with
territory located within a redevelopment project area, any amounts of money which in the
Agency's determination are appropriate to alleviate any financial burden or detriment caused to
the taxing agency by the redevelopment project; and,
WHEREAS, in accordance with Health and Safety Code Section 33401 the
College and City further wish to enter into this agreement to provide mutual aid and assistance
in the redevelopment of the Southwest Redevelopment Project Area through the construction,
operation, and maintenance of certain facilities and improvements of benefit to the City, Agency,
and the College.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby rmd, order, detennine and resolve that the Agreement for Cooperation
between the City of Chula Vista, Chula Vista Redevelopment Agency and the Southwestern
Community College District is approved and authorized for ~xecution. f)
, ,
r 1
App /V.J$ to 'r b '
~)~~ I~
Presented by:
~~~/
n
J
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
C,IWP51IHAYNESIDOCUMEN1\SWCDTAX2.RES
S -.:L '3
This 'page intentionally left blank.
IJ- -~'f