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Home My WebLink Aboutcc min 1993/04/13 RDA lvllNlfl]~S OF A SPECIPJ~ JOINT MEETING OF ]14,E KFA)EVELOPMEN'F AGENCY/ (]fly COUNCIL OF TI-IE CITY OF (]-IUI2~ VISTA Tuesday, April 13, 1993 Council Chambers 11:40 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL MEMBERS PRESENT: Fox, Horton, Moore, Rindone, and Chair Nader MEMBERS ABSENT: None 2. APPROVAL OF MINUTES: None submitted. CONSENT CAleNDAR (Member Rindone stated he was interested in having staff point out publicly the response to his questions.) (Fred Kassman, Redevelopment Coordinator, stated that the changes in the agreements were brought about because of the change in the size of the site from 19.2 acres to 17.6 acres. The remaining 1.6 acres will be used to store contaminated soils and related materials that will be removed from another section of the site. The present owner of the property will continue to own the 1.6 acre site and will be required to either remove or mediate the contaminated soils and materials on that site within four years. If he does not do so, the Agency will have the right to foreclose on another property that is owned by that property owner on Mt. San Miguel that has the value of approximately $2.2 million which should exceed the cost of the removal of the material. We can also force the owner to sell that property and have those funds applied towards the removal of the material). CONSENT C_AI~NDAR OFFERED BY MEMBER RINDONE, reading of the text was waived, passed, and approved S-0. 3. WRrI-IEN COMMUNICATIONS: None submitted. 4A. RESOLUTION 1312 APPROVING FOURTH AMENDMENT TO THE AGREEMENT FOR PUR(]-IASE OF SINOHARA PROPERTY LOCATED AT 4705 OTAY V, AH.KY ROAD. 4B. RESOLUTION 1313 APPROVING THE FIRST IMBLEMENTATION AGREEMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT APPROVED ON SEPTEMBER 14, 1992 BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CrrY OF (tiULA VISTA AND THE DGF FAMILY LIMfi~_.D pARTNERSHIP, DAVID D. ORDWAY, CHRISTINA L ORDWAY, TRAVIS A. RENEAU, AND MARGARET L RENEAU - On February 5, 1993, the Redevelopment Agency gave instructions to negotiators (in closed session) regarding the Auto Sales Park major deal points promulgated by the discovery of contaminated soils on the development site. Negotiations were successful; and in order to effectuate the instructions of the Agency, it is necessary to consider and approve a Fourth Amendment to the Purchase and Sales and an Implementation Agreement to the Disposition and Development Agreement with the Auto Sales Park developers. Minutes April 13, 1993 Page 2 In connection with Resolutions 1312 and 1313, related execution of deeds and other documents necessary to effect conveyances contemplated will be considered by the Agency as well as modifications to the Loan Agreement previously approved by the Agency with Jimmie and Judy Shinohara. Staff recommends adoption of the resolutions. (Community Development Director). 5A. AGENCY RESOLUTION 1314 APPROVING THE COOPERATION AGREEMENT BETWF~N THE REDEVELOPMENT AGENCY AND THE CITY OF CHUIA VISTA FOR THE PROVISION OF FINANCIAL ASSISTANCE PURSUANT TO THE TERMS AND CONDITIONS OF THAT (IRTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OFTHE CrlY OF CHULA VISTA AND THE DGF FAMILY LIMrrED PARTNERSHIP: DAVID D. ORDWAY, (]~RISTINA L. ORDWAY, TRAVIS A. RENEAU, AND MARGARET L RENEAU APPROVED ON SEPTEMBER 15, 1992 FOR THE DEVELOPMENT OF AN AUTO SALES PARK WITHIN THE OTAY VA! ] .EY ROAD REDEVELOPMENT PROJECT AREA. 5B. COUNCIL RESOLUTION 17054 APPROVING THE COOPERATION AGREEMENT BETWEEN THE REDE'VELOPMENT AGENCY AND THE CITY OF CHULA VISTA FOR THE PROVISION OF FINANCIAL ASSISTANCE PURSUANT TO THE TERMS AND CONDITIONS OF THAT (IRTAIN DISPOSfrlON AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CI'IY OF CHULA VISTA AND THE DGF FAMILY LIMITlea) PARTNERSHIP: DAVID D. ORDWAY, (]~J:~-I'INA L. ORDWAY, TRAVIS A. RENEAU, AND MARGARET L. RENEAU APPROVED ON SEPTEMBER 1S, 1992 FOR THE DEVELOPMENT OF AN AUTO SALES PARK WITHIN THE OTAY VAt .t .R'y ROAD REDEVELOPMENT PROJECT AREA - The Agency approved a Disposition and Development Agreement (DDA) with the Auto Sales Park developers on September 15, 1992 for redevelopmenr of the Shinohara site. The DDA contained obligations to make certain incentive and post-incentive payments to assist in the establishment of the Auto Sales Park. These payments will require financial assistance from the City which is forrealized by the Cooperation Agreement for consideration by the Agency and City Council. In conjunction with City Council Resolution 17054, certain matters regarding an earlier offer of dedication made with respect ro portions of the Shinohara site will be considered by the City Council. Staff recommends adoption of the resolutions. (Community Development Director). * * * END OF CONSENT CALENDAR * * * PUBLIC I-IEAKINGS AND RELATED RESOLUTIONS 6. PUBLIC HEARING CONSIDERING A LAND USE PERMIT FOR CARLOS k GAt.t~GOS ALLOWING THE ESTABLISHMENT OF A SPORTS BAR AND GIRnJ. AND THE INSTALLATION OF A SATRILITE DISH ANTENNA IN PARK PLAZA LOCATED AT 310 THIRD AVENUE, St~t-l'E C-1 - Carlos Gallegos is proposing to locate a Sports Bar and Grill in Suite C-1 of Park Plaza at the VIllage. The operation will provide a sport-oriented atmosphere which will include television sets featuring different sports throughout the fadlity along with the sale of food, wine, and beer. The fadlity will cater to women and men twenty-one years and older. The business will require the installation of a sateHire dish antenna for the reception of sports transmission which will be located on the rooftop. The proposed use requires Agency review and may only be allowed through the issuance of a Land Use Permit. Adjacent property owners have been notified of the AgenqFs public hearing. The proposed use has been reviewed by the City's Minutes April 13, 1993 Page 3 Environmental Review Coordinator and was found to be categorically exempt from environmental review. Staff recommends approval of the resolution. (Director of Community Development). Chair Nader asked staff if someone was present from the Police Department to respond to questions? Miguel Tapia, Community Development Specialist, stated that the Community Development staff had contacted the Pohce Department. They talked with Captain Keith Hawkins who expressed he had no concerns with the proposal and on behalf of the department, he supported the proposal. Member Moore asked if it would be in full compliance with our antenna ordinance. Mr. Tapia responded that the land use permit was also for the installation of the satellite antenna. The antenna does comply with all city regulations. This being the time and place as advertised, the public hearing was declared open. There being no one wishing to address the Agency, the public hearing was declared closed. Member Moore asked for a clarification of the hours of operation and what the hours were for other licenses within the Town Centre Redevelopmerit Area. Mr. Tapia stated it would open at 6 a.m. and close at 2 a.m. Doc's Bar and other bars have similar hours of operation. Chair Nader stated the hours are actually based on State law which provides that alcohol may not be sold between 2 a.m. and 6 a.m.; that does not mean we have to allow those hours. Carlos Gallegos, applicant, responded to the Agency's concern that they were also a GriLl and planned on serving breakfast as well as other meals. Chair Nader asked ff it was going to be a condition under the permit that food be served. Mr. Tapia responded that it was not a condition under the current proposal. MSCU (Moore/Rindone) to make it a condition that food be served. RESOLLrYION 1315 OFFERED BY MEMBER MOORE, reading of the text was waived, passed, and apprnved RESOLUTION 1315 MAKING (~RTAIN FINDINGS AND APPROVING LAND USE PERMIT NUMBER 13 TO ALLOW BRINDLE'S SPORTS BAR & GRIll. AND THE INSTALLATION OF A SAT~.I.I.rFE DISH ANTENNA AT 310 THIRD AVENUE, SUITE C-1 Chair Nader stated that based upon input from the Police Department, which he hoped was accurate, based upon establishments of this description which he had seen before, and based upon staff recommendation, he felt this could be a real asset to downtown. Ir is the intention that it will be more than just a bar and will be a real attraction to the downtown development area. Minutes April 13, 1993 Page 4 7. JOINT PUBLIC HEARING WTFH ~ COUNCIL REGARDING DISPOSITION OF ACQUIRED PROPERTIES (APN 622-030-15, 622-030-22, 622-030-23) WTFHOUT PUBLIC BIDDING PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33341 JOINT PUBLIC IffdLRJNG WITH CITY COUNCIL REGARDING DISPOSITION OF ACQUIRED PROPILRTIES (APN 622-030-15, 622-030-22, 622-030-23) ACQUIRED WITH TAX INCREMENT FUNDS PURSUANT TO CALIFORNIA HEALTH & SAFETY CODE SECTION 33433 - A disposition and Development Agreement (DDA) was approved between the Agency and Cypress Creek Company, L.P., on November 10, 1992. That agreement was to be executed within 75 days. Much progress has been made, but the 7S-day period expired without completion of all the conditions precedent. Staff is recommending that the Agency and Council adopt the resolutions which will amend the Palomar Trolley Center DDA regarding those conditions precedent, complete the amended conditions precedent, execute the DDA, and approve a new amending DDA. (NOTE: Item had been considered earlier during the City Council meeting but trailed until the applicant could be advised that if the item was continued for one week, there would only be four agency members present). David Gustafson, Assistant Director of Community Development, stated that based upon some issues which arose at the last minute, staff recommended that the item be continued. The applicant had requested the item be continued for one week, recognizing that there was a possibility that there would not be four agency members present which would be required for the eminent domain action. They would like to see if there would be four members present, and if not, at that point they would request a continuance for another week. Therefore, it was recommended that the Agency open the public hearings and the resolution of necessity hearings and continue them one week. This being the time and place as advertised, all the public hearings were opened. Addressing the Agency were~ Takenoff Muraoka, 815 Third Avenue, No. 101, Chula Vista, 91911, attorney representing Nicholas Mores who are owners of 1366 Broadway, a propen'y within the project area. He spoke regarding the resolution of necessity and requested a one week continuance. MSCU (NADER/IVIOORE) TO CONTINUE ITEM FOR ONE WEEK. 7A. AGENCY RESOLUTION 1316 FINDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR TROLLEY CENTEaR. PROJECT (EIR 91-02), WITH ADDENDUMS, IS ADEQUATE UNDER (~QA; MAKING FINDINGS OF FACT; ADOPTING MITIGATION MONITORING PROGRAM; AND THE FIRS'r AMENDMENT TO THE PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT 7B. AGENCY RESOLUTION 1317 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE SOUTHWEST REI)EVELOPMENT PROJECT AREA, ChrOIA VISTA, CALIFORNIA 7C. AGENCY RESOLLrHON 1318 FINDING AND DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF (re. RTAIN REAL PROPERTY WirltlN THE SOUTHWEST REDEVELOPMENT PROJECT AREA, CHULA VISTA, CALIFORNIA Minutes April 13, 1993 Page 5 7D. AGENCY RESOLUTION 1319 FINDING AND DETERMINING PUBLIC INTEREST AND NE(~SSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA, (~IULA VISTA, CALIFORNIA 7E. AGENCY RESOLUTION 1320 APPROVING THE PALOMAR TROLLEY CENTER PROJECT AND ITS SCOPE OF DEVELOPMENT AND SCHEDULE OF COMPLETION AND ALrrHORIZING CHAIRMAN TO EXECUTE THE PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT 7F. COUNCIL RESOLUTIONS 17055 APPROVINGTHESALEOFAGENCY-OVVNEDPROPERTY(APN622-030.15, 622-030-22, 622-030-23) TO CYPRESS CREEK COMPANY, LP., AND FINDING THAT CONSIDERATION IS NOT LESS THAN FIR MARKET VALUE 7G. AGENCY RESOLUTION 1321 APPROVINGTHESALEOFAGENCY-OWNEDPROPERTY(APN622-030-15, 622-030-22, 622-030-23) TO CYPRESS CREEK COMPANY, L.P., AND FINDING THAT CONSIDERATION IS NOT LESS THAN THE FAIR MARKET VALUE 7H. AGENCY RESOLLrrION 1322 FINDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PALOMAR TROLLEY CENTER PROJECT (EIR 91-02), WrrH ADDENDUMS, IS ADEQUATE UNDER ~QA; MAKING FINDINGS OF FACT; ADOPTING MITIGATION MONITORING PROGRAM; AND APPROVING THE AMENDED PALOMAR TROIJ.F-Y CENTER DISPOSITION AND DEVELOPMENT AGREEMENT ORAL COMMUNICATIONS There were none. ACTION ITEMS None had been submitted. OTHER BUSINESS 8. DIRECTOR/CITY MANAGER'S REPORT(S): There were none. 9. CHAIRMAN/MAYOR'S REPORT(S): There were none. 10. MEMEERS/COUNCILMEMBERS' COMMENTS: There were none. Minutes April 13, 1993 Page 6 ) ADJOURNMENT The Redevelopmerit Agency adjourned to a Closed Session at 12:00 midnight to discuss: Instructions to negotiators pursuant to GC §54957.6 - Shinohara Auto Park negotiations. Respectfully submitted, Beverly A. Authelet, CMC City Clerk