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Home My WebLink Aboutrda min 1993/03/09 CC lk6NUTES OF AN ADJOURNED AND SPECIAL JOl~ MEETING OF THE RED~PMF2qT AGENCY/CI[¥ COUNCIL OF THE t;l-t¥ OF CHULA VISTA Tuesday, March 9, 1993 Council Chambers 7:03 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members/Councilmembers Fox, Horton, Moore, and Acting Chairman/Mayor Pro Tern Rindone ABSENT: Chairman/Mayor Nader ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly/L Authelet, City Clerk 2. APPROVAL OF MINIYfES: None Submitted. CONSENT C~I.RNDAR 3.A. AGENCY RESOLIYIION 1306 ALrl'HORIZING THE EXECIYrlON OF ASSESSMENT DISTRICT NUMBER 90-2 REIMBURSEMENT AGRI~-I~t+,tF2qT BY AND AMONG THE c1'1¥ OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF THE ~i'i¥ OF CHULA VISTA, AND THE DARLING-DELAWARE COMPANY, INC. -- Assessment District Number 90-2 was formed for the purpose of widening Otay Valley Road between 1-805 and the eastern City boundary, which includes 17 parcels owned by the Darling-Delaware Company. In order to avoid impairing the security and sale of bonds due to current investigations concerning potential soils and groundwater contamination, the City has committed to paying the Darling-Delaware assessment ($440,097) and seeks to secure it with a Series B bond issue and this Assessment District Reimbursement Agreement. Staff recommends approval of the resolutions. (Community Development Director) Pulled f~om the Consent Calendar. B. COUNCIL RESOLUTION 16993 REGARDING THE INTENTION TO ADVAN(]~ FUNDS TO ASSESSMENT DIb-iK[CT NUMBER 90-2 SUBJECT TO REIMBURSEMENT FROM THE PROC~-Rr~s OF TAX EXEMPT BONDS, AND AUTHORIZING THE EXECUTION OF AN ASSESSMENT DISTRICT REIMB~ AGlm RRMENT BY AND AMONG THE t~llY OF CHULA VISTA, THE REDEVELOPMF2qT AGENCY OF THE OF C{-IULA VISTA, AND THE DARLING-DELAWARE COMPANY, INC. Chris Salomane, Director of Community Development, stated the financing mechanism would all°w the Otay Valley Road Widening Assessment District to equitably spread among the adjacent properties and to give an opportunity to some contaminated properties to be developed in the future and the assessment district to be paid. The Darling-Delaware site consisted of a number of parcels that were at one time a clas~ one dump area. It was closed under State supervision but there had been problems at the site, particularly with the ground water mitigation. If Darling-Delaware was successful in reaching the milestones in the agreement it would benefit the whole redevelopment project area, particularly the areas developable directly to the south and east across Otay Valley Road. They were seeking to downgrade the aquifer with the Water Quality Control Boards and the State EPA. He wanted the Agency/Council to be aware of the unique risks and costs involved. Staff felt it provided an opportunity that the City would not otherwise have, i.e. to have the projects expeditiously developed and perhaps recoup the City's/Agency's investment and generate Minutes March 9, 1993 Page 2 development in that project area. The first downside risk could be that Darling-Delaware, as a corporation, chould fail and the City/Agency would not be repaid. The second would be that it was negotiated that no interest would be paid and that the no interest on the prepayment could go on up to nine years. There were milestones that would trigger the interest throughout the process that staff would monitor. Acting Chairman/Mayor Pro Tem Rindone stated it was his understanding that the properties would have to be sold if Darling-Delaware failed as a corporation. Agency/City Attorney Boogaard stated the repayment obligation did not become a burden on the land until the Series B bonds were sold. If during the period of clean-up the Series B bonds were not sold at a time the Darling-Delaware Company failed, the City/Agency would not recover the money from the property but only from the failed company. Mr. Salomone stated two other risks associated were: 1) to trigger the City/Agency to get the full benefit of the development of the property, the City had the option to confirm that the property was available for development which was sriil an open ended issue and staff hoped that the determination would be made, and 2) it would take some staff time in terms of costs to the City. He considered it a minor cost issue in working on the downgrade of the aquifer. Acting Chairman/Mayor Pro Tem Rindone requested a definition of Series A and Series B bonds. Lyle Haynes, Principal Community Development Specialist, stated Darling-Delaware was in the district but bonds could not be issued on them. Staff was having to separate them into a Series A bonds and Series B bonds. The Series B bonds would only be issued in the event that the Darling-Delaware property was cleaned-up and could be developed. RESOLUTIONS 1306 AND 16993 OP'P'P2RED BY MEMBER/COUNGILMAN MOORE, reading of the text was waived, passed and approved 4-O-1 with Chairman/Mayor Nader absent. * * END CONSENT CALENDAR * * PUBLIC HEARINGS 4. PUBLIC HEARING CONSIDERING AMENDMENT NUMBER 11 TO THE CER'I'IFIP_~D C~IULA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT WITHIN THE INDUI~I'RIAL: GENERAL LAND USE DESIGNATION WITHIN THE LCP -- Amendment Number 11 to the Certified Chula Vista Local Coastal Plan CLCP) and Bayfront Specific Plan will allow, by conditional use permit, Educational Services, Commercial Activities, and Child-Care Civic Activities within the LCP's overall Industrial: General land use designation and Athletic and Recreational Commercial Activities within the Industrial: General land use designation within the LC_,P's Inland Parcel. Staffrecommends continuance of this item to the Council meeting of March 16, 1993. (Director of Community Development) [An Adjourned Item from February 9, ~993] This being the time and place as advertised, the public hearing was declared open. MSG (Moore/Fox) to continue the public hearing to the mee~ng of 3/23/93. Approved 4-O-1 with Chairman/Mayor Nader absent. Minutes March 9, 1993 Page 3 ~ AGENCY RESOLUTION 1301 ADOPTING 1V~TIGA-iED NEGATIVE DECLARATION L%91-SO(B) AND ADDENDUM THERETO AND MITIGATION MONITORING AND REPORTING PROGRAM, AND NEGATIVE DECLARATION I~93-17/19 AND ADDENDUM THERETO; AND, RECOMMENDING THAT THE COUNCIL APPROVE AMENDMENT NUMBER 11 TO ~tE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USE CATEGOI~-g BY CONDITIONAL USE PERMIT WITHIN THE INDUSTRIAL: GENERAL LAND USE DESIGNATION WITHIN THE LCP B. COUNCIL RESOLUTION 16980 ADOPTflqG M1TIGA-i~ NEGATIVE DECS ~RATION I~91-50(B) ~ ADDENDUM THERETO AND MITIGATION ~ MONITORING PROGRAM ~ NEGATIVE DECLARATION IS-98-17/19 ~ND ADDF24DUM THERL~O; AND, APPROVflqG AMENDMENT NUMBER 11 TO THE CER'Illq/~D CHULA VISTA LOCAL CO/%~TAL PROGRAM AND BAYFRONT SPEt.alqC PLAN TO ALLOW CERTAIN ~ USE CATEGO~I~-g BY CONDITIONAL USE PERMIT WITHIN THE INDUS~eRIAL: G~ IAND USE DESIGNATION ~ THE ~ C. COUNCIL ORDINANCE 2545 /~DING CERTAI~ SECTIONS OF THE ~ VISTA MUNIOPAL CODE 'H'r~.E 19, ZONING CHAPTER 19.07, gm-&TLNG TO SPECIFIC PLANS THAT RELATE TO THE CER'f~IED CHULA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW (Y~_.RTAIN ~ USES CATEGORIES BY coIqDITIONAL USE PERMIT ~ THE INDU~I'RIAL: GENERAL IAND USE D~IGNATION ~ITH THE LCP $. PUBLIC HEARING APPROVING AN OWNER PARTICIPATION AGREEMENT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BA'I-I'ING CAGES. ACCF-~$ORY SAI JLg OF SPORTING EQUIPMENT AND FOOD SAr.Kg IN THE I-L ZONING DISTRICT AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-S4 -- The applicant, National Avenue Associates, seeks to develop a golf driving range, batting and pitching cages, with accessory uses on the 12.94 acre site. The Special Land Use Permit is required as the site is located within the Town Centre II Redevelopment project. Staff recommends continuance of this item to the Council meeting of March 16, 1993. (Director of Community Development) [An Adjourned Item from February 9, 1993] This being the time and place as advertised, the public hearing was declared open. MSC (Fox/Moore) to continue hh_e public hearing to the meeting of 3/23/93. Approved 4-0-1 with Chairman/Mayor Nader absent. ~ AGENCY RESOLUTION 1302 ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-050(B) AND ADDENDUM THERETO, ADOPTING A MrrlGATION MONITORING PROGRAM, AND APPROVING AN OWNER PART[ CIPATI ON AGg RRMENT TO ALLOW A DRIVING RANGE, BATTING CAGES, PITCHING CAGES, ACCF-gSORY SAL~-g OF SPORTING EQUIPMENT, AND FOOD SA!~-g IN THE I-L ZONING Dlb-IRICT AT THE SOUTHEAST QUADRANT OF NATIONAL ~r~¥ BOUIA~ARD (BROADWAY) AND SR-54 B. COUNCIL RESOLUTION 16981 ADOPTING MI-I1GATED NEGATIYE DECLARATION AND ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BATHNG CAGES, PITCHING CAGES, Minutes March 9, 1993 Page 4 ACCESSORY S~,I.F_'; OF SPORTING EQUIPMENT AND FOOD S/o~-q IN THE I-L ZONING DIb-IRICT AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-S4 ORAL COMMUNICATIONS None ACTION II'EMS None Submitted. ITEMS pUI.I.RF~ FROM THE CONSEHT CAIJ~NDAR Items pulled: 3A and 3B. The minutes will reflect the published agenda order. OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORT - None. 7. CHAIRMAN'$/q~._AYOR'S REPORT - None. 8. MEMBEESTCOUNCILMEMBERS' COMMENTS - None. AD3OUICNMENT AD3OURNMENT AT 7:14 P.M. to a special joint meeting of the Redevelopment Agency/City Council of Tuesday, March 16, 1993 following the City Council meeting. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk Vicki C. Soderquist, Deputy Ci~ Clerk