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Home My WebLink Aboutcc min 1995/08/01 (3) MINUTES OF A SPECIAL JOINT MEETING OF TIlE REDEVELOPMENT AGENCY/ CITY COUNCIL OF TIlE CITY OF CIIULA VISTA Tuesday, August 1, 1995 Council Chambers 5:30 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Alevy, Moot, Padilia, Rindone, and Chair/Mayor Horton ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/Council Attorney; and Beverly A. Aethelct, City Clerk 2. APPROVAL OF MINUTES: None. BIISINESS 3. Written Cnmmunicutions: Nime. 4. PUBLIC HEARING JOINT REDEVELOPMENT AGENCY/CITY COUNCIL HEARING PURSUANT TO THE CHULA VISTA MUNICIPAL CODE AND CALIFORNIA HEALTH AND SAFETY CODE SECTION 33431 AND 33433 REGARDING TIlE PROPOSED DISPOSITION BY THE AGENCY OF CERTAIN REAL PROPERTY LOCATED AT 760 BROADWAY COMPRISED OF APPROXIMATELY 2.53 ACRES TO BROADWAY VILLAGE BUSINESS HOMES, L.P. AND THE PROPOSED DEVELOPMENT OF SAID PROPERTY INTO A 36-UNIT MIXED-USE BUSINESS HOMES PROJECT, SUCH PUBLIC HEARING TO CONSIDER THE FOLLOWING SPECIFIC PROPOSED ACTIONS:--The City Council and Redevelopment Agency are requested to hold the reqtfisite pnbl ic hearings and take the actions necessary to approve the Broadway Business Homes Project and authorize execution of a Disposition and Development Agreement with Joelen Enterprises (Josef and Lenore Citron) for the devclopn~ent of tile prqicct. Actions required include a zoning change Ibr the project from Thoroughfare Commercial to Central Commercial-Precise Plan; a Special Use Permit with Shared Parking Agreement to establish the mixed-use prqiect: and apprt~val of a Precise Plan with Conditions for development of the Project and approval of th~ DDA, and sale of the property without public bidding. Staff recommends the Coencil and Agency approve the rest~lutions and phlce tile Ordinar~ce on first reading. (Community Development Director) 1. Review und udoption of Mitigated Negative Declaration und Addendum IS-95-03 2. Approval uf au amendment tu the zoning mup nr nmps established by Section 19.18.010 nf the Chula Vista Municipal Code by rezoning the 2.532 acre parcel Iocuted at 760 Broadway within the Suuthwest Redevelopment Project Area (rum C-T (Commercial Thoroughfare) to C-C-P (Central Commercial with Precise Plan) 3. Issuance of a Speciul Use Permit to construct a 36-unit commercial/residential mixed-use project with Shared Parking Agreement 4. Approval nf a Precise Plun tn ulluw clmstrnction of u 36-nnit mixed-use project including associated site improvements 5. Approval of a Disposition und Development Agreement between the Agency and Joelen Enterprises A. RESOLUTION 17964 AND RESOLUTION 1460 ADOPTING MITIGATED NEGATIVE DECLARATION AND ADDENDUM IS-95-03 FOR A 36-UNIT BUSINESS HOMES PROJECT AT 760 BROADWAY B. ORDINANCE 2636 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF TtIE CHULA VISTA MUNICIPAL CODE BY REZONING THE 2.53 ACRE PARCEL LOCATED AT 760 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA FROM C-T (COMMERCIAL THOROUGHFARE) TO C-C-P. CENTRAL COMMERCIAL WITH PRECISE PLAN (First Readinto) · I Minutes August 1, 1995 Page 2 C. RESOLUTION 1461 MAKING CERTAIN FINDINGS AND GRANTING A SPECIAL USE PERMIT FOR THE DEVELOPMENT OF A MIXED-USE PROJECT KNOWN AS THE BROADWAY BUSINESS HOMES PROJECT, LOCATED AT 760 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA TO BROADWAY VILLAGE BUSINESS HOMES, L.P. D. RESOLUTION 1462 AND RESOLUTION 17965 APPROVING A PRECISE PLAN FOR THE BROADWAY BUSINESS HOMES PROJECT AND A DISPOSITION AND DEVELOPMENT AGREEMENT WITH BROADWAY BUSINESS HOMES, L.P., AND AUTHORIZING THE CHAIR TO EXECUTE SAME E. RESOLUTION 1463 WAIVING THE CONSULTANT SELECTION PROCESS, AUTHORIZ1NG EXECUTION OF A TWO-PARTY AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WOODWARD-CLYDE CONSULTANTS FOR SOIL TESTING AND REMEDIATION CONSULTING SERVICES AT 760 BROADWAY, AND APPROPRIATING FUNDS TEREFOR--Demolition of buildings at the Fuller Ford site wiII necessitate removal of contaminated soils. It will be necessary to have a qualified hazardous materials consultant present dttring demolition. Sluff recummends this item be withdrawn from consideration. The item will be brnught furward ut a future dute toutingcot upon upproval of a Disposition and Development Agreement. (Not a part of the Public Hearlug, hut a related item.) (Community Development Director) Chair/Mayor Horton noted that the public hearing was open. Dave Gustafson, Deputy Director of Conmmnity Development, stated the issue was brought back to the Agency/Council from the public hearing of 7/25/95. At that meeting there was clear direction given to staff on the key issue associated with the pr{~iect. i.e. the terms iff the dispclsition {if the Agency owned property to the developer. The developer's response came close tl~ the Agency's position. hut dift~red in the area of the timing of the demolition. A memo had been placed on the dais which identified the developer's proposal on the demolition issue. The developer was present and prepal~'d to address the Agency/Conncil on the issue. Staff had done an analysis of the developers positilm, together with the Agency/City Attorney's office, and he believed the Attomey would reconunend that if the Agency/Council wanted to contemplate the developer's proposal any further that it be done in Closed Session. Mr. Boogaard stated that was correct. Member Rindone questiuned if there was ccmcurrcnce hy the applicant to the exact conditions authorized by the Agency/Council fbr negotiation. Mr. Gustafson responded that they did except fi~r th~ issue elf when demolition would occur and what would be secured. There was also some fine tuning of elements he t~lt ',vere consistent with the direction from the Agency/Council. Direction had been given that the developer take down the property in two phases, roughly equal, and to pay $275,000 each up front tin' those acquisitions. The nTtinor modification that made it more rational was that because the property might not be taken down in exactly two phases of equal square footage, the amount of payment/br of the parcels would he calculated on a proportional square fi>ot basis. It was effectively the same thing, but could restfit in a minor modification in the purchase price of each parcel. Member Rindone questioned if staff was ready to indicate to the Agency/Council that the full intention and modifications met the direction of the Agency/Council in the agreement. Mr. Gustarson replied staff was not. The developer had approached the position the Agency/Council articulated at the last meeting, but he did not feel they were entirely there. He felt the Agency/Council would be well served to consider the differences in Chased Sessilm. Member Rindone stated if the fijll conditions ot the Agency/Council had not been concurred upon he wanted to review those differences. Mr. Boogaard stated he was prepared to articulate thos~ dif'f~rences in Closed Session. * * * Council met in Closed Session at 5:35 p.m. aud reconvened ~tt 6:10 p.m. * * * · I Minutes Angust 1, 1995 Page 3 · Josef Citron, 761 Golden Park, San Diego, CA, representing JoeIon Enterprises, stated they were prepared to go forward and accept the Council's mandate, the City Attorney's wording, and the Council's wishes so the project could go forward. There being no further public testimony, the public hearing was declared chlsed. Mr. Boogaard stated Resolutions 1462 and 17965, Item D, needed Ill be amended to anthorize the City Attorney and City Manager to prepare the modifications to the DDA m the nmnner the Agency/Council previously directed on 7/25/95; and, consistent with that, authorize the Mayor to execnte a DDA and adopt all resolutions and ordinances on the agenda. Member Rindone requested that the Agency/City Atton~ey review the terms agreed upon. Mr. Boogaard stated the terms in contention wonld be that escrow was to be opened, the Agency/Council would tolerate the six unit financing contingency as a conditilm to closing that escrow, nnlcss the applicant wished to waive it, the escrow would be closed and the City would receive $275,000 flit the first half of the pn~iect, demolition would proceed and the remediation wonld take place, and then they would take down the other half of the property for $275,000. RESOLUTIONS 17964, 1460, 1461, 17965, AS AMENDED, AND 1462, AS AMENDED, OFFERED AND ORDINANCE 2636 PLACED ON FIRST READING BY MEMBER RINDONE, feuding uf the text was waived. Mr. Boogaard questioned if Item E, Resoluti{m 1463, leqtdred action. Mr. Gustat'son responded that the issne was not critical tl~ the actilm being taken by the Agency/Council and staff requested the item be deterred because ~t was not time s~nsiti,.'c. VOTE ON MOTION: approved 4-1 with Alevy nppnsed. ORAL CO[MMUNICATIONS · Bill Ayers, 44 East Mankato Street, Chula Vista, CA, inlbrmcd Ciinncil that the U.S. House of Representatives had approved the federal funding iff the Chnla Vista veterans home. OTtlER BUSINESS 5. DIRECTOR'S/CITY MANAGER'S REPORT(S) - None 6. CHAIR'S/MAYOR'S REPORT(S) - Non~ 7. AGENCY/COUNCIL MEMBER COMMENTS - None AD.IOIIRNMENT ADJOURNMENT AT 6:19 P.M. to the Regnlar Rcdev~hlpmc'nt Agency Meeting on Artgust 15, 1995 at 6:00 p.m., immediately following the City Council meeting, in th~ City Council Chambers. Respecttiflly suhmitted, E~A~UELE~2;MC/AAE, City Clerk by: Vi~_~i C. Soderquist, ~pnty City Clerk · I