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Home My WebLink Aboutcc min 1994/11/01 RDA Minutes of a Joint Meetimz of the RedeveloPmerit A~encv/Citv Council of the City of Chula Vista Tuesday, November 1, 1994 Council Chambers 8:35 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Fox, Horton, Moore, Rindone, and Chairman/Mayor Nader ABSENT: None. ALSO PRESENT: John D. Goss, Executive Director; Bruce M. Boogaard, Agency Counsel; Marcia Scully, Agency Special Counsel; Chris Salomone, Community Development Director; Bob Powell, Director of Finance; and, Berlin D. Bosworth, Secretary to the Redevelopment Agency 2. APPROVAL OF MINUTES: August 23, 1994; October 11, 1994; and October 18, 1994 MSC [Rindonearlorton] to approve minutes of August 23, 1994, passed 4-0-0-1, Fox abstained; October 11, 1994 and October 18, 1994, passed 5-0. CONSENT CALENDAR None Submitted. 3. WRITTEN COMMUNICATIONS: None Submitted. * * END OF CONSENT CALENDAR * * PUBLIC HEAR1NGS AND RELATED RESOLUTIONS AND ORDINANCES 4. AGENCY PUBLIC HEARING LEASE OF THE PARCEL LOCATED EAST OF 825 BROADWAY IS NECESSARY TO EFFECTUATE THE REDEVELOPMENT PLAN AND FINDlNG PURSUANT TO HEALTH AND SAFETY CODE SECTION 33431, THAT IT IS IN THE BEST INTEREST OF THE PUBLIC AND THE REDEVELOPMENT AGENCY THAT THE STATED PROPERTY BE LEASED TO SOUTH BAY COMMUNITY SERVICES FOR USE AS A PARKING LOT AND BE LEASED WITHOUT PUBLIC BID--Staff has been working with South Bay Community Services on locating an adequate site for a teen club with the goal of assisting low and moderate income youths. The selected site at 825 Broadway does not have adequate parking, necessitating additional parking which is available on the adjacent Agency-owned vacant lot. Staff wishes to lease a portion of the lot to be used as additional parking for the teen club. Staff recommends approval of the resolution. (Community Developmere Director) A. AGENCY RESOLUTION 1429 AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE FOR THE PARCEL LOCATED EAST OF 825 BROADWAY WITH SOUTH BAY COMMUNITY SERVICES FOR USE AS A PARKING LOT Minutes November 1, 1994 Page 2 Member/Council Member Rindone noted in the recommendation section of the staff report it stated a nominal rate would be charged, but it was not contained in the resolution. Was the nominal rate $17 Community Development Director Salomone replied a nominal rate of $1 was what staff intended. Member/Council Member Moore referring to the seventh Whereas of the resolution, requested it be reworded to also indicate lease of the property as well as sell of property. Mr. Salomone concurred in adding that text. This being the time and place, the public hearing was declared open. There being no public testimony. the public hearing was declared closed. RESOLUTION 1429, as amended, OI<I~'ERED BY CHAIR/MAYOR NADER, reading of the text was waived and passed unanimously. 5. JOINT COUNCIL/AGENCY PUBLIC HEARING REGARDING A 31.63 ACRE SITE OF VACANT LAND LOCATED SOUTH OF STATE ROUTE 54 BETWEEN BROADWAY AVENUE (NATIONAL CITY BOULEVARD) AND FIFTH AVENUE WITHIN THE BOUNDARIES OF THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA. THE PUBLIC HEARING WILL CONSIDER THE FOLLOWING: Overriding Considerations for a proposed 220,000 sq. ft. commercial retail shopping center to be anchored by a "Wal-Mart" store; and 2. General Plan Amendment (GPA 94-04) for the project site to change the General Plan designation from "Research and Limited Manufacturing" to "Commercial Thoroughfare"; and 3. Local Coastal Program Amendment (LCPA #12) for the project site (the "Inland Parcel") to change the land use designation for both the Bayfront Land Use Plan and the Bayfront Specific Plan from "Industrial General" to "Commercial Thoroughfare" subject to die "Central Commercial" zoning designation criteria of the Chula Vista Municipal Code; and 4. Zoning Map Amendment (PCZ-94-C) for the project site to change the zoning designation from "Limited Industrial - Precise Plan Modifier" to "Central Commercial - Precise Plan Modifier"; and 5. Coastal Development Permit (#068) for construction of the Channelside Shopping Center consisting of approximately 220,000 sq. ft. of commercial-retail floor area anchored by a "Wal-Mart" store at the project site. It is r~commended that (he City Council and Redevelovment Agency oven the vublic hearing. tak~ ~estimony. close the vublic hearing and avvrove the resolutions and vlace the ordinances on first readin~ in the followin~ seauential order.' [A] Agency Resolution # 1430 and Council Resolution # 17705 which: (1) certifies the Final Environmental Impact Report #94-02 and adopts Addendum EIR 94-02A, (2) makes Findings of Fact on the feasibility of mitigation measures and project alternatives, (3) Adopts the Mitigation Monitoring and Reporting Program, and adopts Statement of Overriding Considerations Minutes November 1, 1994 Page 3 IB] Council Resolution # 17706 which Amends the General Plan land-use designation for the project site from "Research and Limited Manufacturing" to "Commercial-Thoroughfare" [C] Ordinance # 2613 which amends the Certified Chula Vista Local Coastal Program and Bayfront Specific Plan in accordance with Amendment #12 reclassifying 31.63 acres of the "Inland Parcel", Subarea 4 from "Industrial-General ~ to "Commercial- Thoroughfare" subject to the "Central-Commercial-Precise Plan" modifying District pursuant to Chapters 19.36 and 19.56 of the Chula Vista Municipal Code ID] Ordinance # 2614 which amends the Zoning Map estoblished by Section 19.18.010 of the Chula Vista Municipal Code to rezone the 31.63 acre project site located at the terminus of North Fifth Avenue from "Industrial- Limited with Precise Plan Modifier" to Central-Commercial-Precise Plan" [E] Council Resolution #17707 which authorizes the issuance of Coastal Development Permit #068 for the construction of the Channelside Shopping Center located at southeast quadrant of National City Boulevard (Broadway) and State Route 54 subject to Conditions of Approval [F] Agency Resolution # 1431 which approves the Channelside Shopping Center project and Precise Plan, subject to Specific Project Conditions; and declares that Certain Conditions Precedent to effectiveness as set forth in the Disposition and Development Agreement between the Redevelopment Agency, Chula Vista Town Center Associates, and Wal-Mart Stores, Inc. have been satisfied A. JOINT AGENCY RESOLUTION 1430 and COUNCIL RESOLUTION 17705 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (ElR 94-02) FOR THE CHANNELSIDE SHOPPING CENTER; ADOPTING ADDENDUM EIR 94-02A; MAKING CERTAIN FINDINGS OF FACT RELATING TO THE FEASIBILITY OF MITIGATION MEASURES AND PROJECT ALTERNATIVES; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS B. COUNCIL RESOLUTION 17706 AMENDING THE GENERAL PLAN FOR 31.63 ACRES LOCATED AT THE TERMINUS OF NORTH FIFTH AVENUE FROM "RESEARCH AND LlMITED MANUFACTURING" TO "COMMERCIAL-THOROUGHFARE" C. COUNCIL ORDINANCE 2613 AMENDING THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN IN ACCORDANCE WITH AMENDMENT #12 RECLASSIFYING 31.63 ACRES OF THE "INLAND PARCEL", SUBAREA 4 FROM "INDUSTRIAL- GENERAL" TO A COMMERCIAL THOROUGHFARE LAND USE DISTRICT SUBJECT TO CENTRAL COMMERCIAL WITH PRECISE PLAN MODIFYING DISTRICT PURSUANT TO SECTIONS 19.36 AND 19.56 OF THE CHULA VISTA MUNICIPAL CODE (First Reading) D. COUNCIL ORDINANCE 2614 AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE TO REZONE 31.63 ACRES LOCATED AT THE TERMINUS OF NORTH FIFTH AVENUE FROM I-L-P (LIMITED INDUSTRIAL-PRECISE PLAN) TO C-C-P (CENTRAL COMMERCIAL-PRECISE PLAN) (First.Reading) Minutes November 1. 1994 Page 4 E. COUNCIL RESOLUTION 17707 AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT #068 FOR THE CONSTRUCTION OF THE CHANNELSIDE (WAL-MART) SHOPPING CENTER CONSISTING OF APPROXIMATELY 220,000 SQUARE FEET OF RETAIL COMMERCIAL FLOOR AREA LOCATED AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND STATE ROUTE 54 SUBJECT TO CONDITIONS OF APPROVAL After the City Council takes the above recommended actions. it ~s recommended that the Redevelopmerit Agency thqn approve.' F. AGENCY RESOLUTION 1431 APPROVING THE PROJECT AND THE PRECISE PLAN THEREFOR SUBJECT TO SPECIFIC PROJECT CONDITIONS; AND DECLARING THAT CERTAIN CONDITIONS PRECEDENT TO EFFECTIVENESS AS SET FORTH IN THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, CHULA VISTA TOWN CENTER ASSOCIATES, AND WAL-MART STORES, INC., HAVE BEEN SATISFIED MSUC [Moore/Nader] recommend the public hearing be opened and continued to Tuesday, November 15, 1994 immediately following the City Council meeting. This being the time and place, the public hearing was declared open. litere being no public testimony at this time, the public hearing was declared continued to Tuesday, November 15, 1994 immediately following the City Council meeting. ORAL COMMUNICATIONS None. ACTION ITEMS 6.A AGENCY RESOLUTION 1432 WAIVING THE CONSULTANT SELECTION PROCESS AND APPOINTING BOND COUNSEL AND FINANCIAL ADVISOR UNDER EXISTING CONTRACTS; AND AUTHORIZING THE DIRECTOR OF FINANCE TO SELECT THE BOND UNDERWRITER THROUGH A COMPETITIVE PROCESS FOR THE PROPOSED NEGOTIATED SALE OF BONDS FOR ADVANCE REFUNDING OF VARIOUS ASSESSMENT DISTRICT DEBT UNDER THE MARKS-ROOS LOCAL BOND POOLING ACT--The City has several outstanding Assessment District bond issues that were sold during periods of higher interest rates, and are candidates for refunding at this time. Formation of a Joint Power Authority, specifically termed a Marks-Roos Authority, will allow the City to maximize savings to property owners under applicable State statutes. In order to achieve a timely refunding, it is recommended that Bond Counsel be appoimed under an existing contract, that Financial Advisor be appointed by modifying the terms of an existing contract, and the Director of Finance be authorized to appoint a Bond Underwriter after a competitive proposal process. Staff recommends approval of the resolutions. (Director of Finance) B. COUNCIL RESOLUTION 17708 WAIVING THE CONSULTANT SELECTION PROCESS AND APPOINTING BOND COUNSEL AND FINANCIAL ADVISOR UNDER EXISTING CONTRACT; AND REFUNDING OF VARIOUS ASSESSMENT DISTRICT DEBT UNDER THE MARKS-ROOS LOCAL BOND POOLING ACT Minutes November 1, 1994 Page 5 Member/Council Member Rindone stated this was a highly sensiddve issue and noted the last line of the recommendation (page 6-2 of the staff report) said subject to approval by the City Manager. Would there be any difficulty in die time line if a change was made to eliminate the words City Manager and replaced with the words City Council?. Director of Finance Powell pointed out the time line was extremely ti~xt. It would take, at minimum, three weeks to select an underwriter. Mr. Mark Northcross, Kelling, Northcross & Nobriga, Inc., said the Agency/Council could be accommodated in its request, but there would be risks. Assessment Bonds are callable on March 2 and September 2 of every Bond year. There was a 60-day Call Notice requirement. In order to achieve the March 2 date, then the refunding must close no later than January 2. The Bonds must be sold--given the market would was fight to enter--very early in December. The underwriter would need to be selected by late November, which would leave a small margin of error in the schedule. Member/Council Member Rindone asked why the item could not come to the first meeting in December, which would be December 6, 1994. Mr. Northcross replied it was hoped the Bonds would have been sold by December 6 in order to meet the necessary time lines. Therefore, the underwriter would need to be selected by the end of November. Member/Council Member Rindone disagreed. He wanted the item to come before the Agency/Council. MOTION [Rindone/Moore] to approve staff recommendation, but eliminate the words City Manager and replace with the words City Council in the staff recommendation. Member/Council Member Rindone said it would be staffs responsibility to get the item to the Agency/Council even if that met requesting a Special Meeting. Joseph W. Garcia, 484 Fifth Avenue, Chula Vista, concurred with Member/Council Member Rindone. It seemed staff always had to do everything in a hurry. There was no actual fiscal impact against the City, other than the cost to generate the paperwork. Mr. Powell agreed there was no cost to the City, but noted the City recovered $16/year for each parcel for its administrative costs to administer the Districts. Mr. Garcia pointed out there was no guarantee the Assessment Districts would generate the income necessary to pay the Bond issue. There was notl~ng in the staff report which stated the dollar amount which was being pefifioned for authorization on the Bond issues for each of the five Districts. Mr. Powell stated that information would be supplied when staff presented the legal documents and the request for formation of the Marks-Roos Joint Power Authority at its November 15, 1994 meetrig. Member/Council Member Fox asked if there would be a delay which could cause a problem entering the Bond market if the item came back to the Agency/Council at its regular meeting of November 15, 1994 or to a Special Meetix~g on November 22, 1994. Mr. Powell replied that was a possibility. The main restriction was to meet the 60-day Call date, which was early January 1995, otherwise the March payment date would be missed. Staff wanted to get the process structured so as to gauge the market at that time. Member/Council Member Fox asked if staff could bring a bond underwriter recommendation to the Agency/Council on November 22, 1994. Minutes November 1, 1994 Page 6 Mr. Powell said that was in the realm of possibility. The concern was missing the March payment date. Member/Council Member Horton understood Member/Council Member Rindone's concerns but had full confidence in the City Manager to make the right decision. In a situation such as this, t'nne was of the essence. Chair/Mayor Nader agreed with Member/Council Member Horton with respect to the City Manager's ability. However, when there was an elected official who felt, for whatever reason, that an item should come before the elected body, that should be the case. Member/Council Member Moore was satisfied with the process, thou~J~ he concurred with bringing the item to the elected body should a Member desire it. Could a process be developed to select a bond underwriter without having to bring it to the Agency/Council. Member/Council Member Horton asked if the City could create a list of qualified bond underwriters for Agency/Council preapproval. Mr. Powell noted that would be an excellent idea on normal Issues. There were, however, certain Issues which would not lend themselves to a preapproved list. This Issue was one of those. Assessment Districts are somewhat unique and a pooled refunding of this nature was more unique and there were very few firms which would pa~icipate, that had experience marketing that type Issue. Staff recommended going out with a Request for Qualifications of firms interested and make a selection based upon those qualifications. Staff was not requesting avoidance of the competitive process. Member/Council Member Fox agreed that should a Member want an item brought to the elected body, he would his Council Comments. Chair/Mayor Nader suggested the item be agendized for November 22, 1994 and contain a recommendation for Agency/Council action. Member/Council Member Horton concurred. AMENDED MOTION [Rindone/Moore] to approve staff recommendation, but eliminate the words C/ty Manager and replace with the words City Council in the staff recommendation. Agendize the selection of the bond underwriter for a Special Joint Agency/Council meeting of November 22, 1994. Vote on Amended Motion: Approved 5-0. ITEMS PULED FROM THE CONSENT CALENDAR OTHER BUSINESS 7. DIRECTOR'S/CITY MANAGER'S REPORT(S) None, 8. CHAIRMAN'S/MAYOR'S REPORT(S) None. Minutes November 1, 1994 Page 7 9. AGENCY/COUNCIL MEMBER COMMENTS None. ADJOURNMENT The Redevelopment Agency/City Council met in a dosed session at 9:08 to discuss: 10. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Anticipated litigation pursuant to Governmere Code Section 54956.9 · Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 [] South Bay Chevrolet v. City of Chula Vista Redevelopment Agency [letter from South Bay Chevrolet dated October 18, 1994] 11. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: 980 F Street, Chula Vista, CA Negotiating parties: Director of Community Development/Unified Port District of San Diego Under negotiation: The sale of Agency-owned property. The Redevelopmerit Agency/City Council reconvened at 10:08 p.m. and announced that no reportable actions had been taken in Closed Session. ADJOURNMENT AT 10:09 P.M. to the Regular Redevelopmerit Agency Meeting on Tuesday, November 15, 1994 at 6:00 p.m., immediately following the City Council meeting, in the City Council Ch3.mbers. Respectfully submitted, Berlin D. Bosworth Secretary to the Redevelopmerit Agency [C:\Wp51\AGENCY\AGENDAS\II-01-94.M1N]