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Home My WebLink Aboutcc min 1993/03/09 RDA MINUTES OF AN AIIIOURNED AND SPECIAL JOINT MEETING OF THE P, EDEVELOPIVIENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 9, 1993 Council Chambers 7:03 p.m. Public Services Building CAhL TO ORDER 1. ROLL CALL: PRESENT: Members/Councilmembers Fox, Hotton, 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 A. Authelet, City Clerk 2. APPROVAL OFMINLrlTe. S: None Submined. CONSENT CALENDAR 3 .A. AGENCY RESOLLFHON 1306 AUTHORIZING ~ EXECUTION OF ASSESSIVIENT DISTRICT NUMBER 902 REIMBURSEMKNT AGI~MENT BY AND AMONG THE t~l'lY OF CHULA VISTA, TIE REDEVELOPMENT AGENCY OF THE CITY 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 from the Consent Calendar. B. COUNCIL RESOLUTION 16993 REGARDING THE I~ON TO ADVANCE FUNDS TO ASSESSMENT DISTRICT NIi~ER 90-2 SUBJECT TO REIMBURSEMENT FROM THE pROc~PnS OF TAX EXF. MPT BONDS, AND AUTHORIZING THE EXECUTION OF AN ASSESS~ DIb'I'IdCT REIMBURSEMENT AGI~F-RMF2qT BY AND AMONG THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY OF TIE u'IY' OF CHULA VISTA, AND THE DARLING-DELAWARE COMPANY, INC. Chris Salomone, Director of Community Development, stated the financing mechanism would allow 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 class 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 redevelopmerit 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, chonld 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 Chainnan/Mayor Pro Tem Rindone stated it was his understanding that the properties would have to be sold ff Da~ing-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 still 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 OFFERED BY MEMBER/COUNCILMAN MOORE, reading of the text was waived, passed and approved 4-0-1 with Chairman/Mayor Nader absent. * * END CONSENT CALENDAR * * PUBLIC HEARINGS 4. PUBLIC HEARING CONSIDERING AMENDMENT NUMBER 11 TO THE CF. RTIFIED ~ VISTA LOCAL CO/~STAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USE CATEGORIES BY CONDIT[ONAL USE PERMIT ~ THE INDUSTRIAL: GENERAL LAND USE DESIGNAT[ON WITHIN THE I.CP -- Amendment Number 11 to the Certified Chula Vista Local Coastal Plan (LCP) 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 LCP's Inland Parcel. Staff recommends continuance of this item to the Council meetinE of March 16, 1993. (Director of Community Development) JAn Adjourned Item from Febntary 9, 1993] This being the time and place as advertised, the public hearing was declared open. MSC (Moore/Fox) to continue the public hearing to the meeting of 3/23/93. Approved 4-0-1 with Chalratar~Mayor Nader absent. Minutes March 9, 1993 Page 3 A. AGENCY RESOLUTION 1301 ADOPTING iVifflCu~t]~D NEGATIVE DECLARATION IS-91-50(B) kw~ ADDENDUM THERETO AND MITIGATION MONITORING AND REPORTING PROGRAM, AND NEGATIVE DECLARATION IS-93-17/]9 AND ADDENDUM THERETO; AND, RECOMMENDING THAT THE urlY COUNCIL APPROVE AMENDMENT NUMBER 11 TO THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIP'IC PLAN TO ALLOW CERTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT WITHIN THE INDUSTRIAL: GENERAL LAND USE DESIGNATION WITHIN TI-IE LCP B. COUNCIL RESOLUTION 16980 ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-50(B) AND ADDENDUM THERETO AND MITIGATION AND MONITORING PROGRAM AND NEGATIVE DE(2.ARATION IS-98-17/19 AND ADDENDL1M THERETO; AND, APPROVING AMENDMENT NUMBER 11 TO THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USE CATEGORIES BY CONDITIONAL USE PERMIT WITHIN THE INDD~-i lflAL: GENERAL LAND USE DESIGNATION WITHIN THE LCP C. COUNCIL ORDINANCE 2545 AMENDING (~r~RTAIN SECTIONS OF THE CI-1ULA VISTA MUNICIPAL CODE TITLE 19, ZONING CHAPTER 19.07, RELATING TO SPECIFIC PLANS THAT RELATE TO THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM (LCP) AND BAYFRONT SPECIFIC PLAN TO ALLOW CERTAIN LAND USES CATEGORIES BY CONDITIONAL USE PERMIT WITHIN THE INDDSrRIAk GENERAL LAND USE DESIGNATION WITH THE LCP 5. PUBLIC HEARING APPROVING AN OWNER PARTICIPATION AGREEMENT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BATlING CAGES, ACCK~ORY S,AI.F_~; OF SPORTING EQUIPMENT AND FOOD SALES IN THE I-L ZONING DISTRICT AT THE SOUTHFAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-54 -- 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. TEe 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) JAn 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 the public hearing to the meeting of 3,/23/93. Approved 4-0-1 with Chairman/Mayor Nader absent. A. AGENCY RESOLUTION 1302 ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-050(B) AND ADDENDUlVl THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING AN OWNER P ARTICIPATI ON AGR F. RMENT TO ALLOW A DRIVING RANGE, BATtING CAGES, PITCHING CAGES, ACCESSORY SALES OF SPORTING EQUIPMENT, AND FOOD SALES IN THE I-L ZONING DISTRICT AT THE SOLrrHEAST QUADRANT OF NATIONAL CITY BO~ARD (BROADWAY) AND SR-54 B. COUNCIL RESOLUTION 16981 ADOPTING MITIGATED NEGATIVE DECLARATION IS-91-050(B) AND ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BATtING CAGES, PITCHING CAGES, Minutes March 9, 1993 Page 4 ACCESSORY S~AI.~_q OF SPORTING EQUIP1VIENT AND FOOD SALES IN THE I-L ZONING DISTRICT AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-54 ORAL COMMUNICATIONS None ACT[ON ITEMS None Submi~ed. ITEMS pLqJ.F.I~ FROM THE CONSENT C~I.I~NDAR Items pulled: 3A and 3B. The minutes will reflect the published agenda order. OTHER BUSINESS 6. DIKECTOI~'S/UfI~' MANAGERS REPORT - None. 7. CHAIRMAN'S/MAYORS REPORT - None. 8. MEMBERS/COUNC..MEMBERS' COMMENTS - None. ADJOURNMENT ADJOURNMENT AT 7:14 P.M. to a special joint meeting of the Redevelopmerit Agency/City Council of Tuesday, March 16, 1993 following the City Council meeting. Respecuc~lly submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Viii C. Soderquis~, Deputy ~erk