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HomeMy WebLinkAboutrda min 1987/10/15 (2) MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, October 15, 1987 4:05 p.m. Council Conference Room City Hall ROLL CALL MEMBERS PRESENT: Chairman Cox; Members Nader and Moore Member Malcolm arrived at 4:17 p.m. MEMBERS ABSENT: Member McCandliss STAFF PRESENT: Executive Director Goss, Community Development Director Desrochers, Assistant City Attorney Rudolf 1. APPROVAL OF MINUTES - 9/22/87 and 10/1/87 MSUC (Nader/Moore) approve minutes of 9/22/87 as submitted. 3-0; Member Malcolm was not present for the vote.) Approval of the minutes of 10/1/87 was trailed pending arrival of another Agency member. (The vote was CONSENT CALENDAR (Items 2 through 8) Items 2,3 and 7 were pulled from the Consent Calendar. CONSENT CALENDAR ITEMS 4, 5, 6 and 8 OFFERED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. (The vote was 3-0; Member Malcolm was not present for the vote.) 4. REPORT: STATUS OF FOCUS AREA/MEMORIAL PARK PANHANDLE The Focus Area Suppl emental Di sposi ti on and Development Agreement with Centre City Associates stipulated that the panhandle would be designed by the Agency, subject to the developer's approval, and installed by the developer. At the meeting of May 26, 1987, after concern arose on the part of the developer and the Agency with the plan developed by the Agency's contract landscape architect, the Agency allowed the developer to design the panhandle, subject to Agency approval. Conceptual plans were submitted by the developer. Staff recommended that the Agency indicate conceptual approval of the plan and the suggested sharing of improvement costs with the developer. MINUTES -2- October 15,1987 5. REPORT: APPROVING THE REIMBURSEMENT OF $570.63 FINE ARTS FEE TO PACIFIC BELL Pacific Bell is rehabilitating their office building at 420 Third Avenue within the Town Centre I Redevelopment Project Area. Pacific Bell paid the in-lieu fine arts fee at the onset of the project. However, they are presently satisfying the fine arts requirement by providing a walkway comprising of decorative pavement, landscaping and decorative lighting between their building and the new Home Savings and Loan building. It was recommended that the Agency authori ze rei mbursement of the i n-l i eu fi ne arts fee ($570.63) to Pacific Bell. 6. RESOLUTION 870 APPROVING A REPAYMENT CONTRACT WITH THE CITY OF CHULA VISTA The Agency's participation in the Town Centre II redevelopment project was predicated, in part, upon the City providing $1.3 million to the County of San Diego in lieu of the county sharing in the tax increments from the project for 25 years. In order to facilitate this, the City and Redevelopment Agency agreed to refi nance the 1982 Certifi cates of Participation for the Town Centre Parking Structure. This particular transacti on is known as the Seri es B certi fi cates whi ch were recently marketed. The Agency was requested to approve an agreement to reimburse the City for payments to be made by the City pursuant to the refinancing of the Parking Structure and refunding of the 1982 Certificates of Participation. 8. RESOLUTI ON 871 APPROVING REVISED AGREEMENT WITH THE STATE OF CALIFORNIA REGAROING ORIGINATION OF SPACE PURCHASE LOANS FOR ORANGE TREE MOBILEHOME PARK AND RESCINDING RESOLUTION NO. 860 On September 8, 1987, the Agency adopted Resolution No. 860 which approved an agreement with the State of Cal iforni a to have the Agency ori gi nate the State purchase loans for the Orange Tree Mobilehome Park. The actual origination will be done by Bank of America and Security Pacific National Bank under contract to the Agency. The State objected to mi nor 1 anguage in the Agency-approved agreement and refused to execute the agreement. The revised agreement includes language acceptable to the State. END OF CONSENT CALENDAR PULLED ITEMS Items 2 and 3 required a 4/5ths vote and were trailed pending arrival of an additional Agency member. MINUTES -3- October 15,1987 7. RESOLUTION 872 APPROVING THE OTAY VALLEY ROAD REDEVELOPMENT AREA SENSITIVE BIOLOGICAL RESOURCES INVESTIGATION AND WETLANDS DELINEATION PREPARED BY MICHAEL BRANDMAN ASSOCIATES AND DIRECTING STAFF TO PROVIDE THE REPORT TO THE U.S. ARMY CORPS OF ENGINEERS TO ASSIST IN DETERMINING THEIR JURISDICTIONAL AUTHORITY IN THE PROJECT AREA On February 3, 1987, the Redevelopment Agency approved Michael Brandman Associates as the consultant to prepare the Otay Valley Road Biological Studies and authorized the contract by Resolution 773. The purpose of the study was to determine the extent of the wetlands in the Otay Valley Road Redevelopment Area. The wetland delineation will be used to negotiate with the U. S. Army Corps of Engi neers (Corps) regardi ng thei r jurisdictional authority under Section 404 of the Clean Water Act and as a bi 01 ogical data base for the preparati on of pl ans for the development of the area including the alignment of Otay Valley Road. Community Development Di rector Desrochers introduced Dr. Lee Jones of Michael Brandman Associates. Dr. Jones reported there are two types of constraints to development in this area. One concerns endangered or otherwi se sensiti ve speci es, and the other concerns state and federal jurisdiction over wetlands and waters of the United States. In the study, they found a highly disturbed, complex situation. One endangered species of bird (least Bell's vireo) was found in the river valley. Other species found of lesser sensitivity include the orange-throated whiptail (which is a federal candidate for listing as endangered) as well as plant species (which are found on endangered lists). The presence of the least Bell's vireo will require the Corps to enter into a Secti on 7 consultati on with the U. S. Fi sh and Wi 1 dl ife Service during the Section 404 permit process. Dr. Jones further reported the study revealed 149 acres of wetland (out of 160 acres). He suggested appropriate mitigation would include (1) removal of fi 11; (2) enhancement of exi sti ng wetl ands (erraticati on of tamari sk and planting willows); and (3) redesigning the project to avoid impacting wetl ands. RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by unanimous consent. Cha i rman Cox asked if a report had been gi ven to the Otay Vall ey Road Proj ect Area Commi ttee. Pri nci pa 1 Community Development Speci a 1 i st Putnam responded that a presentation was given to the Committee. She stated that the report was well received. Most of the property owners stated they would like the opportunity to work with staff in developing the plans that will be submitted with the 404 Permit application. The resolution passed and was approved unanimously. (The vote was 4-0.) tHNUTES -4- October 15,1987 1. APPROVAL OF MINUTES - 10/1/87 MSUC (Malcolm/Nader) approve minutes of 10/1/87 as submitted. was 3-0 with Member Moore abstaining.) (The vote Member Malcolm questioned Item No.4 (Status of Focus Area/Memorial Park Panhandle). He wanted to know what is the Agency's participation in profits. Assistant Community Development Director Gustafson responded that in the One Park Apartments project, the Agency, at the end of the deferred loan period, will receive the interest that was deferred (comparable to the interest on the first trust deed). In addition, the Agency will receive participation in the form of added interest, depending on when the sal e occurs. If it goes to full term, the Agency woul d recei ve 4-1/2% of the difference between the project cost and the sal es price. Member Malcolm further noted concern that the Agency has continuously given concessions to this developer regarding the Focus Area. 2. RESOLUTI ON 873 ACCEPTING BIDS FOR THE BLADING PLACEMENT OF DECOMPOSED GRANITE ON THE NATURE INTERPRETIVE CENTER ACCESS ROAD (EXCLUDING THE SOUTH LEVEE ROAD), APPROPRIATING $19,061 AND AWARDING A CONTRACT TO ERRECA, INC. THEREFOR In May, Agency members directed staff to provide for the stabilization of the Nature Interpretive Center access road prior to the start of the rainy season. It is planned to blade the existing dirt road and place decomposed grani te on the surface for stabil i zati on. A Coastal Development Permit was approved for this project by the City Council on October 13. Informal bids were obtained for this work. It was recommended that the Agency accept the bids, appropriate $19,061, and award a contract to Erreca, Inc. in the amount of $17,329. RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 3. RESOLUTION 874 AWARDING CONTRACT WITH AMERICAN PROCESSING TO DISPOSE OF CONTAMINATED SOIL FROM BAY BOULEVARD AND APPROPRIATING FUNDS THEREFOR Soils on property purchased by the Agency at 350 and 360 Bay Boulevard are suspected of being contaminated with oil and other vehicle wastes from previous uses of the sites. staff recommended the Agency approve awarding a contract with American Processing to dispose of contaminated soil from these sites and appropriate funds therefor. Community Development Specialist LoBue reported testing at the sites are not compl ete, however, hydrocarbon contami nati on was found. The contaminated soil must be disposed of at a Class I disposal site. MINUTES -5- October 15,1987 Responding to Member Malcolm's question, Mr. Desrochers stated that it has been determined that the former property owners are responsible for paying for the di sposal of contaminated soil s. The former property owners have been notified of all the steps taken in this matter. Member Malcolm pointed out the former property owners should be given an opportunity to review the test results, the bids received for the disposal, and given the opportunity to seek a lower price. Assi stant Ci ty Attorney Rudolf suggested awardi ng the contract contingent upon staff making the former property owners aware of the current si tuati on and gi vi ng them an opportuni ty to respond withi n a reasonabl e time frame. MSUC (Malcolm/Cox) amend the resolution stating the awarding of the contract is contingent upon notification of the previous owners and allowing a reasonable timeframe for a response. RESOLUTION OFFERED AS AMENDED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent, passed and approved unanimously. Member Moore commented that in the future, before purchasi ng property, soils should be tested and agreements drawn up as to who would be responsible for clean-up of contamination. Respondi ng to questi ons from Chai rman Cox regardi ng the fourth parcel on Bay Boul evard, Mr. Desrochers stated a fami ly was found to be 1 i vi ng on the site. Suitable replacement housing must be found and 90 days notice given to the family. The former owner is responsible for paying all relocation costs. 9. ORAL COMMUNICATIONS: None. 10. DIRECTOR'S REPORT: Mr. Desrochers reported Fifth Avenue will be barricaded and closed (between "H" and "I" Streets) beginning Friday, October 16. Member Moore poi nted out a parade is schedul ed for Saturday, October 17, and suggested the street remain open until after the parade. MSUC (Moore/Nader) direct staff to contact Homart Development Company and request that they wait until Saturday, October 17, after 1 :00 p.m. to close Fifth Avenue. MINUTES -6- October 15,1987 11. CHAI RMAN 's REPORT: Chairman Cox questioned what the status is of parcell in the Focus Area. Mr. Desrochers responded an offi ce buil di ng is pl anned. The p1 ans have been approved by the Desi gn Revi ew Committee and the p1 ans have been submitted for a building permit. Chairman Cox requested that a report on this matter be brought back to Agency members. Chairman Cox referred to the Otay Valley Road Redevelopment Project Area noti ng that street improvements are goi ng in on the corner parcel at Brandywine and Otay Valley Road. He requested that a report come back to the Agency on the status of the Cruz Building which had a deferral on the street improvements. Chairman Cox pointed out there is a problem with abandoned cars on Otay Valley Road. He would like a report on what staff is doing about this problem. Executive Director Goss stated he spoke with Chief Winters about the probl em thi s week and he reported that on a weekly basi s or more often, the police tag the cars. Chai rman Cox further stated he wou1 d 1 i ke staff to follow-up on the crusher operation (the conditional use permit was not renewed). The crusher operati on has had contact wi th the County regardi ng 1 ocati ng on the County 1 andfi 11 . It is important to have thi s operati on in the City and it may provide an area for a temporary storage site of abandoned cars. 12. MEMBERS' COMMENTS None. MSUC (Cox/Moore) to go into Closed Session to discuss potential acquisition of property located at 280 Landis Avenue (Mr. Christianson, owner) and 282 Landis Avenue (Dr. Lopez, owner) pursuant to Government Code 54956.8. ADJOURNMENT to Closed Session at 5:15 p.m. Adjournment from Closed Session at 5", p.m. w th, reg"'" ""'" of N"~b" 5, ~ ~ ~ers Community Development Director WPC 3243H