HomeMy WebLinkAboutrda min 1995/06/11 CC MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, July 11, 1995 Council Chambers
8:59 p.m. Public Services Building
CALL TO ORDER
I. ROLL CALL:
PRESENT: Agency/Council M~mhers Alevy, Moot, Padilia, Rindone, and
Chair/Mayor Hot|on
ALSO PRESENT: John D. Goss, Director/City Manager; Bnlce M. googaard,
Agency/City AHomey; and Beverly A. Authelet, City Clerk
2. APPROVAL OF MINUTES: Jone 20, 1995 and June 27, I995
MSUC (Alevy/Horlon) to approve the ~ninntes nf June 20, 1995 and June 27, 1995 a.s presented.
BUSINESS
3. REPORT STATUS OF THE BAYFRONT DEVELOPMENT--The Agency recently
requested a status report on development of the Chula Vista Mid-Baylront. Staff recently received and reviewed
a Market and Feasibility Sorvey prepared tbr the Mid-Bay~tmf property owner/developer, Adrian Zakkout. Staff
is providing a status update to the Agency. Staff recommends acceptance of the report and requests the Agency
to name a subcommittee to work with stall in ncgtltiating wilh the developer to expedite development of the Mid-
Bayfi-ont. (Community Development Director)
Chris Salomone, Director of Community Dcvdopmtzl~t, stated th~ report was a I~asibility presentation prepared by
the owner in a very general form that took data previously prepared fi~r th~ prQiect and analyzing it and coming not
to aconclusion, but anumber ofconclusion.,,. Stat'fwas r~clmm~endmg Ihat smce very little actual negotiating had
occurred on the project since thc new owfler took over the property in 8t-ptculber 1994, and becaus~ the report did
not lead to a conclusion, that a deliberate process be set up and a subclmm~ittee of the Council be appointed to assist
in that negotiating process. He l~lt the applicant would be willing ill part~cq~ate m a process of weekly or regular
meetings to move lbrward in what may he right-sizing or some adjusm~cnt to the prQject to meet both the City and
developers needs. Staff recolmnended a subcomn~ittee and direction to pursue negotiations.
Member Moot questioned what th~ subcommittee would do with{m| a prl~posal.
Mr. Salomone replied that the developers conclusion in the dosing pages tl~ the report was that there were a number
of options and he wanted to pursue a low cost negotiating process with th~ City. He felt the City should engage
him, at least tor the/breseeable/i. tture, to discover whether agreement could he reached and to bring onto the
developers side of the table qualified consultants and studies tl> move fin-,vard,
Member Moot stated until the Agency had a proposal there was nothing to analyze or to have a subcommittee meet
about or discuss. Once a proposal was received and the Agency knew where the develnper intended to go with the
prQ~ect they conld then create a subcommittee.
Mr. Salomone responded that it took ahnost nine monlhs to get the study t?om the applicant, which had been
promised from the beginning of the applicant's ownership, He snggesled that the applicant be taken up on his
willingness to negotiate or he l~lt the pru. iect would just languish. He did not t~el the Agency could fierce the
developer to give thein a l~asible proposal. The developer owned the land in fee and he fi~lt sitting at the
negotiating table was a way to generate the proposal.
Member Padilia stated the entire issue had languished hr too long. The Agency needed to keep itself open to
options, but they needed to get something off the ground and moving, He had discnssed the issue with staff and
had met with Mr. Zakkout and heard his concerns. Negotiating may in' may not be fruitlid but then the Agency
Minutes
July 11, 1995
Page 2
and Mr. Za~out could move on. He did not have a problem with the staff recommendation to sit down and start
the process.
hIS (Alevy/Padilla) to appoint Chair Horton and Member Rindnne to fnrm a subcummitlee to negotiate on
the Mid-Bayfront.
Member Rindone stated he was disappointed and felt the Agency was going back to the drawing board. The current
Agency and past Agency Members wanted a meaningful project that provided amentries to enhance the community,
enhance the tax base, and serve as a tourist attraction. The last prc~posal on the Bayfront was exciting and provided
a lot of amenities that would not have been otherwise li~asible. He nnderstood that it did not "pencil out", but the
Bayfront was the jewel of the City. Anything that was significantly dillerent than the present proposal would take
years to achieve due to Coastal Commission approvals, etc. To throw {>tit all the amenitics in the proposal would
put the City in a difficult fiscal condition because the Agency needed to advance the redevclopment projects. The
debt service for the bonds was not going away and there was a need to get resolution within the next year or two.
He declined to participate on the Bayfront Subcommittee due to st~bstuntia[ changes in his work requirement that
would not allow him to participate. He would snpport the subcouunittee as the project needed to move t~rward,
hut he hoped they would not start with a "blank check" but look at the present ploposal and see how it could he
modified.
Chair ttorton recommended that Member Moot serve tm the Baytlont Subconullitt~c because he had previously
served on the past Bayfront Subcommittee and the Planning Commissilm.
FRIENDLY AMENDSlENT: (Alevy) to appuint Member Mnot tn the Bayf'rm~t Subcmnmlttee.
Member Moot stated that would be acceptable, but betbre the Agency voted he wanted to echo what Member
Rindone had stated. If the Agency went back to ground zero on tile pr{~ject he wanted t~ be counted out. He had
spent a lot of time, every two weeks for 9-10 months, at gronnd zero to consider all options. Through a very
deliberative process they came up with a conclusion that some type of commercial/resort destination prqject was
needed. He did not feel that would fundamentally change. He was not going to go backwards on the prqject and
he did not intend to play a lot of games. If there were proposals tn modil~ the project to make it economically more
feasible then he was willing to meet. If there was some idea that it wonld be Disney World, etc. he did not want
to participate.
Member Alevy stated he had met with Mr, Zakkout and had ch~ck~d out some of his properties and had receivcx]
rave reviews. He did not believe they were going to ground zero, but I~lt they were Iol~king at some subtle changes
that Mr. Zakkout wanted implemented. If the Agency dealt in good thith and quickly he t~lt there would be a
pmiect that everyone could be proud of. He l~lt the developer was capable of doing things quickly and did not have
to worry about funding. He t~lt the Agency slmuld be positive about the action taken.
VOTE ON MOTION: approved ununimously.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
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 THE PROPOSED DISPOSITION BY THE AGENCY OF
CERTAIN REAL PROPERTY LOCATED AT 760 BROADWAY COMPRISED OF APPROXIMATELV 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 requisite public hearings and take the actions necessary to approve
the Broadway Business Homes Project and authorize execution of a Disposition and Development Agreement with
Joelea Enterprises (Josef and Lenore Citron) for the development of the prc~iect. Actinns reqnired inclnde a zoning
change liar the project from Thoronghfare Commercial to Central Commercial-Precise Plan; a Special Use Permit
with Shared Parking Agreement to establish the mixed-use pmiect; and approval of a Precise Plan with Condltinns
Minutes
July II, 1995
Page 3
tbr development of the Project and approval of the DDA, and sale of the property without public bidding. Staff
recommends the Council and Agency approve the resolutions and place the Ordinance on first reading. (Colnmunity
Development Director)
1. Review and adoption of Mitigated Negative Declaration and Addendure IS-95-03
2. Approval of an amendment to the zoning map or maps ~hiblished by Section 19.18.010 nf the Chula
Vista Municipal Code by rezm~ing the 2.532 acre parcel located at 760 Broadway within the
Southwest Redevelo~ment ~ject Area from C-T (Cmnmercial Thoroughfare) to C-C-P (Central
Commercial with ~ecise Plan)
3. Issuance ofa Sp~ial Use Permit to construct a 36-uoit commercial/residential mixed-use project with
Shared Parking Agreement
4. Approval of a ~ecise Plan to allow construction of a 36-unit mixed-use prl~ject including ~snciated
site improvemeng
5. Approval of a Disposition and Development Agreement between the Agency and Joelen Enterpris~
A. RESOLUTION 17964
RESOLUTION 1~0 ADORING MITIGATED NEGATIVE DECLARATION AND
ADDENDUM IS-95-03 FOR A 36-UNIT BUSINESS IIOMES PROJECT AT 760 BROADWAY
g. ORDINANCE 2636 AMENDING TIlE ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING THE 2.53 ACRE
PARCEL LOCATED AT 760 BROAD~VAY WITIIIN Tile SOUTHXVEST REDEVELOPMENT PROJECT
AREA FRONI C-T (COMMERCIAL TIIOROUGIIFARE) TO C-C-P, CENTRAL COM~IERCIAL WITH
PRECISE PLAN (Fi~t Reading)
C. RESOLUTION 1~1 MAKING CERTAIN FINDINGS AND GRANT~G A SPECIAL
USE PERMIT FOR THE DE~LOPMENT OF A MIXED-USE PROJECT KNOB AS T~ BROADWAY
BUS~SS HO~gS PROJECT, LOCATED AT 760 BROADWAY WITHIN THE SOUTH~ST
REDE~LOP~IENT PROJECT AREA TO BROADWAY VILLAGE BUSINESS HOMES, L.P.
D. RESOLUTION 1462
RESOLUTION 17965 APPROVING A PRECISE PLAN FOR TtlE BROADWAY
BUSINESS HOMES PROJECT AND A DISPOSITION AND DEVELOPMENT AGREEMENT WITH
BROADWAY BUSINESS HOMES, L.P., AND AUTHORIZING TIlE CHAIR TO EXECUTE SAME
E. RESOLUTION 1463 WAIVING TllE CONSULTANT SELECTION PROCESS,
AUTHORIZING EXECUTION OF A TWO-PARTY AGREENIENT BETWEEN THE REDEVELOPMENT
AGENCY AND WOODWARD-CLYDE CONSULTANTS FOR SOIL TESTING AND REMEDIATION
CONSULTINGSERVICESAT760BROADWAY, ANDAPPROPRIATING FUNDSTHEREFOR--Demolition
of buildings at the Fuller Ford site will necessitate removal of c¢~ntaminated soils. It will be necessary to have a
qualified ha~rdous materials consultant present during demolition. Staff recon~nmnds approval of the resolution.
Not a part of the hblic Hearing, but a related ile~n. (Commnnity Development Director)
Chris Salomone, Director of Community Development, stated the Agency/Council was being asked to approve a
number of actions to complete the process on the Broadway Business Hon~es. The Development Agreement had
been negotiated over the last ten days and a copy of the final document was on the dais. gefBre taking the
recommended actions he staled an outstanding ~ssue runic t() light on Monday and was nut part of the Development
Agreement. The issue could be discussed in Open Session or Closed Session. h dealt with the purchase price and
acqnisition of the property. He did not characterize any of the negotumons as bad hith, it had been done in good
hith on both sides of the table, and ~t was just a last mintfie issue. Pending the resolution of that issue Options were
befi~re the Agency/Council liar action.
This being the time and place as advertised, the public hearing was declared open.
Minutes
July 11, 1995
Page 4
· ' Josef Citron, 761 Golden Park, San Diego. CA, stated he ',,~.as a little taken hack by the process at the
meeting. He did not know that there was anything to address and t~lt it was appropriate/br Council to meet in
Closed Session in order to discuss the issue and then any response brought back from the Agency/Council he would
be happy to address. He felt that would be a better prucedure.
· * * Council met in Closed Session at 9:18 p.m. and recnnvened at 10:06 p.m. * * *
Mr. Boogaard recommended that unless the applicant wanted to address the Agency/Council, the Chair/Mayor open
the hearings so the item would not have to be republished, and continue the ~tems to a meeting on July 15, 1995
recognizing that staff had been given negotiating instructions to Meet & Confer with the applicant t~3r the next two
weeks.
MSUC (Horton/Padilla) to continue the item to a meeting m~ July 25, 1995.
Agency/Council Member Moot questioned whether the developer shlluld he g~ven slnnc ~xptanation. He stated that
the Agency/Council was not prepared to approve the Develolmaent Agreement as submitted.
Mr. Citron stated he needed direction because they ,.vele being told by SDG&E that they needed a check by l:00
p.m. on Wednesday in order to bring the gas into the prc. perty. They had fimr other checks that had to be written
beli~re the end of the week. The architect was to submit to the Building Deparm~cnt, in ten days, the bnilding plans
fbr the project based on the understanding that there would be a resolution at the meeting. He wa,',te:i statue
direction.
Chair/Mayor Horton recommended that Mr. Citron meet with Mr. Salomlme and then return to the issue later in
the agenda.
Mr. Boogaard stated that unless the Agency/Council had some overriding need to say something he reo~mmended
that the Agency/Council not respond to whether or not the developer should incur costs on the pmiect. Staff had
been given instructions to meet with the applicant and staff would do that after the meeting lit first thing in the
morning.
Chair/Mayor l-torton requested the Mr. Salomone meet with Mr. Citrlm.
Mr. Salomone stated Item E on the agenda waived the consultant plocess and authorized the execution of an
agreement and that could be approved contingent upon successlid negotiation of the issue.
ORAL COMMUNICATIONS
Ntme
OTHER BUSINESS
5. DIRECTOR'S/CITY MANAGER'S REPORT(S) - None
6. CHAIR'S/I~IAYOR'S REPORT(S) - None
7. AGENCY/COUNCIL MEMBER COMN/ENTS
Member Rindone
a. Status report on negotiations of the Broadway Business Homes Prqject. The retlt~est is to discuss in Closed
Session. Member Rindone stated the item had been discussed at the last Redevelopmcnt ~,gcncy Menring and he
did not have a need to discuss it again.
Minutes
July 11, 1995
Page 5
ADJOURNMENT
ADJOURNMENT AT 10:13 P.M- to the Regular Redevclopment Agency Me~ting on August 1, 1995 at 4:00 p.m.,
innnediately tbllowing the City Council meeting. in the City Council Chambers.
CLOSED SESSION
The Agency met in Closed Session at 10: 15, recemvened at I1:15 p.m., and ac~ioumed at 11:16 p.m.
8. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Anticipated litigation pursuant tn Gnvernment Code Sectinn 54956.9(b)
Chula Vista Auto Park developers - South, Bay Chevrolet and Fuller Ford/Honda/Kia v.
City/Redevelopment Agency based on statements made in June 8th letter fi'om Auto Park developers to staff
Continued from the meeting of June 27, 1995
9. REPORT OF ACTIONS TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed
Session.
Rcspectfull3. submitted.
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. Soder,.iuist, CMC,_lpeputy City Clerk