HomeMy WebLinkAboutrda min 1995/07/11 CC MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL
OF TIlE CITY OF CHULA VISTA
Tuesday, July 11, 1995 Council Chambers
8:59 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Councd Members Alevy, Moot, Padilla, Rindone, and
Chair/Mayor Horton
ALSO PRESENT: John D. Goss, Director/City Manager; Brace M. Boogaard,
Agency/City Am~rney; and Beverly A. Authelet, City Clerk
2. APPROVAL OF MINUTES: June 20, 1995 and June 27, 1995
MSUC (Alevy/Horton) to approve the minute~ of June 20, 1995 and June 27, 1995 as presented.
BUSINESS
3. REPORT STATUS OF THE BAYFRONT DEVELOPMENT--The Agency recently
requested a stares report on development of the Chola Vista Mid-Bayfront. Staff recently received and reviewed
a Market and Feasibility Survey prepared h~r the Mid-Bayfi-onf property owner/developer, Adnan Zakkout. Staff
is providing a status update to the Agency. Staff recmnmends acceptance of the report and requests the Agency
to name a subcommittee to work with staff in negotiating with the developer to expedite development of the Mid-
Bayfront. (Comanunity Development Director)
Chris Salomone, Director of Community Development, stated the report was a lkasibility presentation prepared by
the owner in a very general th')rm that took data previously prepared fi>r the prqject and analyzing it and coming not
to a conclusion, but a number of conclushms. Staff was recommending that ,;ince very little actual negotiating had
occurred on the project since the new owner took over the property ~n September 1994, and because the repnrt did
not lead to a conclusion, that a deliberate process he set tip ancl a subcommittee of the Conncil be appointed to assist
in that negotiating process. He l~lt the applicant would be willing to participate in a process of weekly or regular
meetings to mnve forward in what may he right-sizing or some a4iustment to the prqject to meet both the City and
developers needs. Staff recommended a subcommittee and direction to pursue negotiations.
Member Moot questioned what the subcoimmttee would do without a proposal.
Mr. Salomone replied that the developers conclusion in the closing pages ot the report was that there were a nt~mber
of options and he wanted to pursue a Iow cost n~gotiating process with the City. He felt the City should engage
him, at least k~r the tbreseeable thture, to discover whether agreement could he reached and to bring onto the
developers side of the table qualified consultants and studies to move fi)rward.
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 developer intended to go with the
prqiect they could then create a subcoumlittee.
Mr. Salornone responded that it took almost nine months to get the study from the applicant, which had been
promised from the begiuning of thc applicant's ownership. He suggested that the applicant be taken up on his
willingness to negotiate or lie tElt the prqject would .just languish. He did not t~el the Agency could Ik~rce the
developer to give them a tEasihle proposah The developer owned the land iii fee and he reit sitting at the
negotiating table was a way to generate the proposal.
Member Padilla stated the entire issue had languished /'ar too hmg. The Agency needed to keep itself open to
options, but they needed to get something oft' the gronnd and moving. He had discussed the issue with staff and
had met with Mr. Zakkout and heard his cnncems. Negotiating may or may not be ffnitfid but then the Agency
Minutes
July 11, 1995
Page 2
and Mr. Zakkout could move on. He did not have a problem with the staff recummcndation to sit down and start
tile process.
MS (Alevy/Padilla) to appoint Chair Horton and Member Rindone ti} I'm'm a subcmmnittee tu negotiate on
the Mid-Bayfront.
Member Rindone stated he was disappointed and felt the Agency was g{ung back to the drawing board. The current
Agency and past Agency Members wanted a meaningful project that provided amenities ti) enhance the community,
enhance the tax base, and serve as a tourist attraction. The last proposal on the Bayfront was exciting and provided
a lot of amenities that would not have been otherwise t~asible. He understood that it did not "pencil out", but the
Bayfront was the jewel of the City. Anything that was significantly di~l~rent than the present proposal would take
years to achieve due to Coastal Commission approvals, etc. To throw out all the amenities in the proposal would
put the City in a difficult fiscal condition because the Agency needed to advance tile redevelopment prqjects. 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 Bayt¥ont Snbcommittee dne to substantial changes in his work requirement that
would not allow him to participate. He would support the subcommittee as the prelect needed to move lbrward,
but he hoped they would not start with a "blank check" but look at tile present proposal and see how it could be
modified.
Chair Horton recommended that Member Moot serve tm the Bayfi'ont Subcommittee hecaus~ he had previously
served on the past Bayfront Subcommittee and the Planning Conmfission.
FRIENDLY AMENDMENT: (Alevy) te appoint Member Motet to the Bayfrum Subcommittee.
Member Moot stated that would be acceptable, but belbre the Agency voted he wanted to echo what Member
Rindone had stated. If the Agency went back to ground zero on the project he wanted to he cmmted out. He had
spent a lot of time, every two weeks for 9-10 months, at ground zero to consider all options. Through a very
deliberative process they came up with a conclusion that some type of commercial/resort destination pro. ject 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 to modify the prqject to make it economically mom
t~asible then he was willing to meet. If there was some idea that it would be Disney World, etc. he did not want
to participate.
Member Alevy stated he had met with Mr. Zakkout and had checked out some of his properties and had received
rave reviews. He did not believe they were going to ground zero, but l~lt they were looking at some subtle changes
that Mr. Zakkout wanted implemented. If the Agency dealt in good taith and quickly he f~lt there would be a
project that everyone could be proud of. He Ihlt the developer was capable of doing things quickly and did not have
t~ worry about funding. He l~lt the Agency should be positive about the action taken.
VOTE ON MOTION: approved unanimously.
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 HEALTIt AND SAFETY
CODE SECTION 33431 AND 33433 REGARDING THE 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 requisite public hearings and take the actmns 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 development of the prqject. Actions reqnired include a zoning
change for the project from Thoroughfare Commercial to Central Commercial-Precise Plan; a Special Use Permit
with Shared Parking Agreement to establish the mixed-use project; and approval of a Precise Plan with Conditions
Minutes
July II, 1995
Page 3
1bt development of the Project and approval of the DDA, and sale of thc pr,3perty without public bidding. Staff
recommends the Council and Agency approve the resolutions and place the Ordinance on first reading. (Community
Development Director)
1. Review and adoption uf Mitigated Negative Det'luration and Addendum IS-95-03
2. Approval of an amendment tu the zoning mup nr mups estublished by Section 19.18.010 of the Chula
Vista Municipal Code by reztminl.l the 2.532 ucre purcel lucuted at 760 Braadway within the
Snuthw~t Redevelopment Project Area I'rmn C-T (Cummerciul Thoruughfure) tn C-C-P (Central
Commercial with Precise Phm)
3. Issuance of a Special Use Permit tu cunstruct a 36-unit cummercial/residential mixed-use project with
Shared Parking Agreement
4. Approval of a Precise Plun ta allow cm~slructioo nfa 36-unit mixed-use project including associated
site improvements
5. Approval of a Disposition and Development Agreemeut between the Agency and Joelea Enterprises
A. RESOLUTION 17964
RESOLUTION 1460 ADOI~FING hlITIGA'I'ED NEGATIVE DECLARATION AND
ADDENDUM IS-95-03 FOR A 36-UNIT BUSINESS IIOMES PROJECT AT 760 BROADWAY
B. ORDINANCE 2636 AMENDING TIlE ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MIINICIPAL CODE BY REZONING THE 2.53 ACRE
PARCEL LOCATED AT 760 BROADWAY WITtlIN TIlE SOUTIIWEST REDEVELOPMENT PROJECT
AREA FROM C-T (COMMERCIAL TIIOROUGIIFARE) TO C-C-P, CENTRAL COMMERCIAL WITH
PRECISE PLAN (First Reading)
C. RESOLUTION 1461 MAKING CERTAIN FINDINGS AND GRANTING A SPECIAL
USE PERM1T 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
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 AUTttORIZING Tile CHAIR TO EXECUTE SAME
E. RESOLUTION 1463 WAIVING TIlE CONSULTANT SELECTION PROCESS,
AUTHORIZING EXECUTION OF A TWO-PARTY AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY AND WOODWARD-CLYDE CONSULTANTS FOR SOIL TESTING AND REMEDIATION
CONSULTING SERVICES AT 760 BROADWA Y, AND APPROPRIATING FUNDS THEREFOR--Demolition
of buildings at the Fuller Ford site will necessitate removal of contaminated soils. It will be necessary to have a
qualified hazardous materials consultant present during demolition. Staff recommends approval of tile resolutiun.
Not a part 0f the Public Hearing, hut a related ile~n. (Cnmmunity Development Director)
Chris Salomone, Director of Community Development, stated the Agel~cy/Cmlncil was being asked to approve a
number of actions to complete the process on the Broadway Business Homes. The Development Agreement had
been negotiated over the hist ten days and a copy of the final document was on the dais. Betbre taking the
recommended actions lee stated all outstanding issue came to light (m Monday and was not part of the Development
Agreement. The issue could be discussed in Open Session or Closed Sessiun. It dealt with the purchase price and
acquisition of the property. He did not characterize any of the negotiatmns as had faith, it had been done in good
thith on both sides of the table, and it '*vas.just a last mitmte issue. Pending th~ resolution ot that issu~ 6ptions were
bet~ore the Agency/Council fi~r action.
This being the twne 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 was a little taken back by the process at the
meeting. He did not know that there was anything ti) address and l~lt ~t was appropriate fi)r 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 procedure.
* * * 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 cominue the items to a meeting on July 15, 1995
recognizing that staff had been given negotiating instructions to Meet & Conl~r with the applicant for the next two
weeks.
MSUC (Horton/Padilla) to continue the item to a meeting un July 25, 1995.
Agency/Council Member Moot questioned whether the developer should he g~ven stone explanation. He stated that
the Agency/Council was not prepared to approve the Devel,~)pment A~eement as submdted.
Mr. Citron stated he needed direction because they 'were b~ing told by SDG&E that they needed a check hy 1:00
p.m. on Wednesday in order to bring the gas into the property. They had four other checks that had to be written
bei'k)re the end of the week. The architect was to submit to the Buildine~ Department, in ten days. the building plans
for the project based on the understanding that there would be a resolution at the meeting. He waated s,:me
direction.
Chair/Mayor Horton recormnended that Mr. Citron meet with Mr. Salomone and then return to the issue later in
the agenda.
Mr. Boogaard stated that unless the Agency/Council had some overriding need to say sometbing he recommended
that the Agency/Council not respond to whether or not the developer should incur costs on the project. Staff had
been given instructions to meet with the applicant and staff would do that atter the meeting or first thing in the
morning.
Chair/Mayor lqorton requested the Mr. Salomone meet with Mr. Citron.
Mr. Salomone stated Item E on the agenda waived the consultant process and authorized the execution of an
agreement and that could be approved contingent upon successful negofiation of the issue.
ORAL COMMUNICATIONS
None
OTHER BUSINESS
5. DIRECTOR'S/CITY MANAGER'S REPORT(S) - None
6. CHAIR'S/MAYOR'S REPORT(S) - None
7. AGENCY/COUNCIL MEMBER COMMENTS
Member Rindone
a. Status report on negotiations ot the Broadway Business Homes Prqject. Th~ request is to discuss in Closed
Session. Member Rindone stated the item had been discussed at the last Redevelopment &~cncy Meeting and he
did not have a need tn discuss it again.
Minutes
July 11, 1995
Page 5
AD,]OURNMENT
ADJOURNMENT AT 10:13 P.M. to the Regular Redevelopment Agency Meeting on August 1, 1995 at 4:00 p.m.,
immediately tbllowing thc City Council meeting, irt the City Cmmcil Chambers.
CLOSED SESSION
The Agency met in Closed Session at 10: 15, reconvened at 11:15 p.m., and a~ioumed at 11:16 p. tn.
8. CONFERENCE WITH LEGAL COUNSEL REGARDING:
Anticipated litigation pursuant tu Government Code Section 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 from 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.
Respccltull), submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Vicki C. Sodcrquist, CMC,)~eputy City Clerk
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