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HomeMy WebLinkAboutrda min 1993/12/14 CC MINUTES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 14, 1993 Council Chambers 11:44 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Horton, Fox, Moore, Rindone, and Chairman/Mayor Nader ALSO PRESENT: John D. Goss, City Manager/Director; Bruce M. Boogaard, City/Agency Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. APPROVAL OF MINUTES: None submitted. _CONSENT CALENDAR (Items pulled: none) BALANCE OF THE CONSENT CALENDAR OFFERED BY CHAIRMAN NADER, reading of the text was waived, passed and appr¢}ved unanimuusly, Item 7, as amended; approved 4-0-0-1 with Horton abstaining. 3. WRITTEN COMMUNICATIONS: None Submitted. 4. AGENCY RESOLUTION 1378 APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT WITH THE MOXItAM COMPANY FOR DEVELOPMENT OF A COMMERCIAL SHOPPING CENTER AT THE SOUTHEAST CORNER OF BROADWAY AND K STREET--The Agency recently acquired the South Bay Chevrolet dealership property located at 801 Broadway as part of the Chula Vista Auto Center site acquisition transaction. Staffhas been seeking redevelopment proposals for the tbur-acre dealership site, which is potentially expandable to eight acres. Mr. James Moxham, a local developer, has been working on the Palomar Trolley Commercial Center pro. ieet and has proposed commercial redevelopment of the Broadway and K Street site with a high-volume retail anchor. Mr. Moxham has requested a Semi-Exclusive Negotiating Agreement with the Agency for six months in order to negotiate a lease agreement with potential tenants, develop plans, and secure financing. Staff recommends approval of the resolution. (Community Development Director) 5. AGENCY RESOLUTION 1379 AUTHORIZING THE EXECUTION OF A SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH VINCENT A. DAVIES FOR THE DESIGNATION OF DEVELOPMENT RIGHTS FOR HIS PROPERTY AT THE SOUTHEAST QUADRANT OF OTAY VALLEY ROAD AND 1-805--The Agency currently has several prqjects in various stages of planning that will be at'leered by ABI290 which takes et'feet 1/1/94, including a possible commercial center on the property owned by Vince Davies. In order to retain the ability to provide direct assistance to these projects, if it is deemed necessary or appropriate, the Agency must enter into agreements which require the land to be developed and used as defined in the agreement. Stai¥ recommends approval of the resolution. (Community Development Director) 6. AGENCY RESOLUTION 1380 AUTHORIZING THE EXECUTION OF A SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH FRED L. BORST FOR THE DESIGNATION OF DEVELOPMENT RIGHTS FOR HIS PROPERTY GENERALLY LOCATED ALONG THE SOUTH Minuie~ December 14, 1993 Page 2 SIDE OF OTAY VALLEY ROAD BETWEEN BRANDYWINE AND MAX%VELL ROADS--The Agency currently has several projects in various stages of planning that will be aft~cted by ABi290 which takes effect 1/1/94, including a possible Chula Vista Auto Center expansion on the property owned by Fred L. Borst. In order to retain the ability to provide direct assistance to these projects, if it is deemed necessary or appropriate, the Agency must enter into agreements which require the land to be developed and used as defined in the agreement. Staff recommends approval of the resolution. (Community Development Director) 7. AGENCY RESOLUTION 1381 APPROVING A SEMI-EXCLUSIVE NEGOTIATING AND COVENANTS AGREEMENT WITH NATIONAL AVENUE ASSOCIATES AND GATLIN DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF A COMMUNITY SHOPPING CENTER AT THE NORTHVffEST QUADRANT OF FIFTH AVENUE AND C STREET-~The Agency currently has several projects in various stages of planning that will be affected by ABI290 which takes eftbct 1/1/94, including a possible community shopping center on the property owned by National Avenue Associates. In order to retain the ability to provide direct assistance to these prqlects, if it is deemed necessary or appropriate, the Agency must enter into agreements which require the land to be developed and used as- defined in the agreement. Staff recommends approval of the resolution. (Community Devek)pment Director) Chairman Nader questioned if it was a time sensitive item. Chris Salomone, Director of Community Development, responded that it was. Passage of the resolution would allow the Agency to retain options to negotiate a typical owner participation agreement, that option would not exist alter AB 1290 took effect. Chairman Nader stated it was his understanding the Agency was not obligated to negotiate anything in particular and did not preclude the Agency from negotiating with anyone. Mr. Salomone stated Chairman Nader was correct. Chairman Nader stated with that understanding he would leave the item on the Consent Agenda. Agency Attorney Boogaard stated the resolution did preclude the Agency from negotiating tbr a six month time period with anyone but the property owner. Mr. Salomone stated that was correct, but it did not obligate the Agency to any particular deal points. Agency Member Horton stated she had a conflict nf interest on the item and would abstain from voting. Chairman Nader questioned if there was any way the Agency could preserve their ability to enter into such an agreement without actually doing it. Agency Attorney Boogaard responded the Agency would be risking the loss of the possibility of subsidizing the project. He did not believe there was any way the Agency could preserve their ability to enter into the agreement without actually executing it. Lyle Haynes, Principal Community Development Specialist, stated it tied the Agency to semi-exclusively negotiate with National Avenue and Gatlin Development. Agency Attomey Boogaard stated it was semi-exclusive with regard to the owners and exclusive to the rest of the world. Because of the owner participation rights the Agency could not be exclusive. Minutes December 14, 1993 Page 3 Chairman Nader stated it was his understanding of the intbrmation presented that the Agency could not even consider a subsidized project later if the rest of the universe was not excluded now. He wanted the option of negotiating with anyone the Agency wanted to without closing off any other options. Agency Attorney Boogaard stated the main thing AB 1290 required the Agency to do was to have the developer commit to the development of the land. MS (Nader/Fox) to amend Item 7 to be amended to be a non-exclusive negotiating agreement. Agency Attorney Boogaard stated he had been told that the new revised page 7-13, was acceptable to both Gatlin and NAA. That would allow Gatlin to pull the plug on the deal at ninety days and gave the Agency the right to pull the plug on the deal if the developer could not ofl'~r up Gatlin. Chairman Nader questioned what would happen if someone else came in with a prnposal. Agency Attorney Boogaard responded that would be a problem under the agreement. Agency Member Rindonc questioned it the non-exclusive coni'~mned to AB 1290. Agency Attorney Boogaard stated it was in an area o! undefined law, it had been untested. Chairman Nader stated he did not want to w)te fi)r the motkm unless it preserved thc Agency's options. He questioned if the Agency could enter into a subsidized redevelopment agreement with a non-exclusive negotiating agreement. Agency Attorney Boogaard responded that his best .judgement was that it would be adequate, he was not sure. MOTION WITHDRAWN: by Maker and Second nf Mntion. Agency Attorney Boogaard stated the Agency could achieve the Chair's purpose by declaring an impasse earlier than six months it' necessary. 8. AGENCY RESOLUTION 1382 ADOPTING ADDENDUM IS-89-29C TO NEGATIVE DECLARATION IS-90-29 FOR CONSTRUCTION OF AN INDUSTRIAL BUILDING LOCATED AT 745 OTAY VALLEY ROAD WITHIN OTAY VALLEY REDEVELOPMENT PROJECT AREA--The developers, Octavio and Leticia Sanchez, seek relict' from a condition-qnstallation of a vapor barrier beneath the tbundation of the structure--of the Owner Participation Agreement. Based on further environmental analysis contained in Addendmn IS-89-29C to Negative Declaration IS-90-29 it has been determined that this requirement is not necessary. Staff recommends approval of the resolution. (Community Development Director) * * END OF CONSENT CALENDAR * * PUBLIC ttEARINGS 9.A JOINT AGENCY/COUNCIL PUBLIC HEARING CONSIDER THE LEASE OF PROPERTY AT 603 PALOMAR STREET (APN-ff622-041-20), CHULA VISTA TO AUGUSTINE REYES--The Amended Palomar Trolley Center Disposition and Development Agreement calls for the Agency to acquire parcels necessary for the development of the proposed shopping center and to convey those properties tu the developer, Cypress Creek Company. The Agency adopted Resolution 1341 on 7/27/93 to condemn sul~iect parcels but required that the existing tenant be allowed to remain on the premises for 12 months. The Agency will take possession in November 1993 and a lease Minutes December 14, 1993 Page 4 -. has been prepared with the tenant to govern his tenancy during the remainder of the 12 months. Staff recommends approval of the resolution. (Continued t¥om the meeting of November 23, 1993) (Community Development Director) B. COUNCIL RESOLUTION 17299 APPROVING THE LEASE OF REDEVELOPMENT AGENCY- OWNED PROPERTY (APN 622-041-20), TO AUGUSTINE REYES AND FINDING THAT CONSIDERATION IS NOT LESS THAN FAIR MARKET VALUE C. AGENCY RESOLUTION 1366 APPROVING THE LEASE OF REDEVELOPMENT AGENCY- OWNED PROPERTY (APN 622-041-20) TO AUGUSTINE REYES, FINDING THAT CONSIDERATION IS NOT LESS THAN FAIR MARKET VALUE, AND AUTHORIZING CHAIRMAN TO SIGN LEASE Chris Salomone, Director of Community Development, intbrmed the Agency/Council that the lease was not signed by the tenant on the property and requested the item be pulled. Chairman/Mayor Nader stated the item would be tabled indefinitely. ORAL COMMUNICATIONS None ACTION ITEMS 10.A. REPORT STAFF ANALYSIS AND RECOMMENDATION REGARDING THE CHULA VISTA FAMILY RECREATION AND FUN CENTER PROPOSAL--On 9/7/93 a request 1Bt consideration of a Family Recreation and Fun Center proposal was presented to the Agency. The Agency directed staff to analyze the proposal and return with a report and recommendation. Staff was also directed to begin to evaluate and determine the feasibility of an alternative site for a Veterans Home facility since the Recreation/ Fun Center proposal could involve Agency-owned land which was previously oftbred to the State l'~or development ora Veterans Home thcility. Staff recommends that the Agency accept the report and provide staff t~rther direction. (Community Development Director) B. REPORT STATUS ON AN ALTERNATIVE SITE FOR THE VETERANS HOME PROJECT Chris Salomone, Director of Community Development, clarified that the staff recommendation was that a public ~(~rum be held in the neighborhood to assess the neighbors interests and concerns for not only the Family Fun Center, but the balance of the prnperties in the lower Swectwater area and the Veteran's Home proposal. Staff would come back to Council lbllowing that 1btam. Staff would also begin drafting a general plan amendment appropriate l~)r all the land uses in the area. Chairman Nader questioned if Mr. Salnmnne was saying that they would start preparing the GPA on those properties that were not the City-owned Sweetwater parcel and would m)t be involved in the censideration whether it would be a Veteran's Home versus Fun Center, etc. Mr. Salomone responded that they wanted to look at the whole valley as an area, begin the work, and not wait until thepublic 1btam tobegin some of the preli~ninary analysis. Oncethe public forum was held, staffwouldcome back to the Agency with the results of the fomm. In the mean time, staffwas negotiating with the school district on the alternate site for the Veteran's Home with the clear understanding that until that issue was cleared up, the Veteran's Minutes December 14, 1993 Page 5 Home site was preserved in the lower Sweetwater Valley. It was a matter of expediting the whole process and beginning some of the preliminary work. Chairman Nader questioned if it would be explained clearly at the tbmm to the residents that the Sweetwater parcel owned by the City was purchased with Iow/income housing funds and either must be used for that purpose or the Agency would have to find some way to reimburse that fund. Mr. Salomone responded that was correct. Agency Member Moore questiuned if the Agency owed the Veterans Home Commission some degree of obligation to withhold any change in land use for X months until there was a decision made. Chairman Nader stated it was his understanding the City had made an oft~r which the Veterans Commission could accept, but they had not done so and until it was accepted the City, could withdraw the offer at any time. Agency Member Moore t~lt there should be correspondence to the Commission stating the two sites were available and that a decision had to be made by a certain date or the site or sites would be withdrawn. Mr. Salomone stated the decision by the Governor was due to be made in June. The final recommendation from the Comnnssion was due at the end of April or the first of May and he felt that was a constraint the City needed to deal with. A time period had not been indicated by the City. Chairman Nader stated a resolution had been passed making the sit~ available, but no time frame had been set. Mr. Salomone stated Council acted on a motion that staff had taken to the Veterans Home Committee which was to conceptually approve the donation of the land and to the building of the access road. By virtue of that proposal the City received the number two position in the State. It was subsequent to that action that staff showed them the medical center site. Chairman Nader stated he was not comtbrtable with starting to process a general plan amendment with as much uncertainty as there was regarding issues such as whether there was another site available, lack of neighborhood input, etc. MSUC (Nader/Hortan) 1) ta accept the portion of the staff recommendation that called for a neighborhood forum to be held to collect input; 2) the Veterans Advisory Task Force as well as any other interested be notified of that forum and be kept abreast of what was being done; and 3) and that at the forum the legal status of the Sweetwater site, in terms of its purchase with Iow/income housing funds, he clearly explained from the outset so that everym~e understood the range of options the City was dealing with. ITEMS PULLED FROM THE CONSENT CALENDAR The minutes will reflect the published agenda order. Items pulled: none. OTHER BUSINESS 11. DIRECTOR/CITY MANAGER'S REPORT None 12. CHAIRMAN/MAYOR'S REPORT None 13. AGENCY/COUNCIL MEMBERS' COMMENTS None Minutes December 14, 1993 Page 6 ADJOURNMENT ADJOURNMENT AT 12:05 A.M. to a Regular Meeting of the Redevelopment Agency on Tuesday, January 4, 1994 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~. ',,.~ , -~ Vicki C. Soderquist, Deputy{gity Clerk