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HomeMy WebLinkAboutrda min 1978/04/06 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday - 7:00 p.m. April 6, 1978 A regular meeting of the Redevelopment Agency of the City of Chula Vista, California was held on the above date, beginning at 7:00 p.m., in the Council Chambers, City Hall, 276 Fourth Avenue, with the following: MEMBERS PRESENT Chairman Hyde; Members Hobel, Cox, Scott, Egdahl Members Absent None STAFF PRESENT Executive Director Cole, Special Counsel Reed, Community Development Director Desrochers, Community Development Coordinator Boyd, Administrative Analysts Cebula and Sanseveri no ALSO PRESENT Mr. Dick Zogob, Mr. Robert Campbell, Mr. Bernard Bernes ITEM NO. 1 - APPROVAL OF MINUTES It was moved by Member Cox, seconded by Member Scott and unanimously carried to approve the minutes of March 2, 1978 as mailed. ITEM NO. 2 - RESOLUTION - CERTIFYING NEGATIVE DECLARATION FOR IS-78-19 AND ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION AT THE SOUTHEAST CORNER OF THIRD AVENUE AND H STREET Plans for a new three-story facility have been submitted by First Federal Savings & Loan Association. The professional building will contain approximately 15,000 square feet. The applicant submitted their site plan to the Design Review Board for conceptual ap- proval on September 14, 1977. Approval of the site plan and a parking waiver were rec- ommended. The motion also stipulated that the applicant would not be penalized if the City's street widening plans prevent First Federal from meeting all landscape requirements. On February 8, 1978, First Federal returned to the Design Review Board to present their building elevations. Approval was recommended subject to the following conditions: 1. Landscape plans be approved by staff before the issuance of a building permit. 2. The fine arts work, signage, and color palate must be returned to the Design Review Board for approval before a certificate of occupancy will be issued. Community Development Director Desrochers informed the Agency that the Owner Participation Agreement must be changed from what has been presented to the Agency. It was requested that this item be reconsidered after the City Council's next meeting due to the need for a revision in the agreement. Discussion ensued relative to the fine arts contribution. According to the Owner Parti- cipation Agreement, the fine arts contribution would be a minimum of 1% of the cost of the project or, in this case, $8,000.00. It was moved by Member Cox, seconded by Member Scott and unanimously carried to delay action on the resolution pending further discussion by the Redevelopment Agency at an Adjourned Regular Meeting on April 18, 1978. 4/6/78 -2- Redevelopment Agency Meeting Apri I 6, 1978 ITEM NO. 3 - RESOLUTION NO. 110 - ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH THE FLEET RESERVE ASSOCIATION CLUB 61 AT 288 THIRD AVENUE The Fleet Reserve Association Club 61 has proposed a two-story, 900 square foot addition to the rear of their building at 288 Third Avenue. A 500 square foot roof garden to be located atop the one-story portion of the building adjacent to Third Avenue will also be included. With the proposed addition, 100% of the building lot would be covered; there- fore, the roof garden addition will conform with the Design Manual's 15% landscaping requirement. On February 15, 1978, the Design Review Board recommended approval of the plans subject to certain conditions involving removal of rear planter, roof garden layout, Fine Arts Fund contribution, arid review of the front stairway. Offered by Member Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Member Hobel, Cox, Hyde, Scott, Egdahl Noes: None Absent: None ITEM NO. 4 - CHANGE OF LAND USE IN TOWN CENTRE PROJECT #1 At its meeting of March 16, 1978, the Town Centre Project Area Committee voted (3-1, Member GI enn voti ng "no" and one member absent) to recommend agai nst the request of Mr. Robert Campbell, Band Director at Montgomery Junior High School, to change the land use of the property located at the southeast corner of the Davidson/Garrett intersection. The applicant requested that he be allowed to operate a music studio on the premises (the front half of the dwelling would be used for living quarters). The principal reason for the denial was that there was no visible/physical redevelopment contemplated for the site, that there was inadequate parking, and the noise element might be disturbing to the surrounding neighbors. The minority feeling was that the use was in keeping with the desired diversity of the Town Centre: shoppers (parents) would be attracted to the area, and sufficient parking was available at nearby public lots during non-peak hours for students. Community Development Director Desrochers proceeded to describe the area in question. A transparency of the site was displayed for the Agency's review. Mr. Desrochers indi- cated that the distance from the nearest parking lot is approximately 200 feet. In answer to Member Cox's question on soundproofing possibilities, Mr. Desrochers replied that the Planning Department has not determined whether or not soundproofing would be effective. At this time, Mr. Robert Campbell addressed the Agency. He noted that his past experience dealt with working with large groups of students utilizing a variety of musical instru- ments at one time. Most of his classes were located next to other classes (e.g. math, reading) with no disruption whatsoever. Mr. Campbell also pointed out that most of his students woul d be dropped off from thei r mus i c I essons by parents, a 11 owi ng the parents to shop on Third Avenue. The band director also indicated that music lessons were one half hour in duration. Since the location of a studio would be near public transportation facilities, this would ameliorate the lack of parking in the area. Discussion followed regarding the number of other music studios in the redevelopment area. It was discovered that only one, Harper's Music Store, was in operation. 4/6/78 -3- Redevelopment Agency Meeting April 6, 1978 Further discussion ensued relative to the scheduling of a public hearing, a two-year review process and additional steps involved should the appeal be granted. Member Egdahl suggested drawing up an Owner Participation Agreement for the applicant whereby he would be able to review certain conditions that would be imposed upon him. Input from other City departments regarding this matter was also recommended. Chairman Hyde informed the Agency that before offering a motion, members should decide whether this is an appropriate land use and then consider the surrounding conditions. It was moved by Member Cox and seconded by Member Hobel that the appeal of Mr. Robert Campbell be granted subject to the owner's willingness to enter into an Owner Partici- pation Agreement and that land use be reviewed within a two-year period of time. The motion was passed and adopted by the following vote, to-wit: AYES: Member Cox, Hobel, Scott, Egdahl Noes: Chai rman Hyde Absent: None Discussion ensued involving clarification of a 4/5th's vote in the event of an appeal. It was moved by Member Scott, seconded by Member Hobel and unanimously carried that appropriate wording be placed in the Agency's By-laws in order to institute a procedure for a public hearing in the event of an appeal under certain circumstances. The meeting was recessed at 7:56 p.m. The meeting reconvened at 8:04 p.m. ITEM NO. 5 - STATUS REPORT: ACQUISITION OF PROPERTIES Staff has received the appraisals and litigation guarantees and has prepared the Purchase Agreement & Escrow Instructions relative to the purchase of specific properties in the Town Centre focus area. Of the six offers made by City staff, one has been ac- cepted (Parcel J4 and 5). It was moved by Chairman Hyde, seconded by Member Egdahl and unanimously carried to accept the report. ITEM NO. 6 - STATUS OF DEVELOPMENT PROPOSAL For the past several months, the developer, his consultant and City staff have been attempting to develop an acceptable plan. Because of the Jarvis-Gann Amendment it appeared that financing through the tax increment method would be in jeopardy. Thus, from the Agency's standpoint, any finalization of development plans would have to be reconsidered after the June election. Upon further examination of the issues, it appears that regardless of the June election, litigation on the State level could possibly cause a delay for years. Therefore, three alternatives may be considered with each plan de- pendent upon the available financial opportunities required by the Agency at the time the funds are requi red. A plan originally presented to the Agency which accommodates excess parking for the business district and provides for the greatest opportunity for redevel- opment, calls for a public commitment of upwards of $4,000,000 - funds would come from 4/6/78 -4- Redevelopment Agency Meeting April 6, 1978 UDAG and tax increments. The Agency was informed that staff has been notified as to HUD's acceptance of the pre-application for this grant and that the actual application has been submitted. At today's meeting of the Project Area Committee, the members voted unanimously on a motion made by Member Creaser stating that it is the intent of the Town Centre Redevel- opment Project that the primary thrust be the redevelopment of Third Avenue; notwith- standing, it should be recommended that the Redevelopment Agency be allowed to proceed with Phase 1 of the project and in the event the developer fails to complete the balance of the project that: 1. Plans become the property of the Agency. 2. The Agency is able to secure another developer in the event that Phases 3 and 4 are not satisified. 3. Developer and staff secure ways to better coordinate the plan review. 4. That funds derived from the condominium sales be impounded for the development of the commercial properties. Community Development Director Desrochers interjected that meetings have been held with the developer, his architect and City staff. He noted that problems involving various property owners are being discussed. At this time Mr. Zogob reported on the progress of the development project; particularly, the financial scheme regarding impounding funds from condominium sales. It was moved by Chairman Hyde, seconded by Member Cox and unanimously carried to accept the report in accordance with the motion and conditions stipulated by the Project Area Committee. Mr. Bernard Bernes, property owner on Center Street, approached the Agency at this time. Mr. Bernes requested that some action be taken to enable himself and other owners to proceed with development of thek properties. He indicated that they have been penalized enough and should not be restricted in their development plans. The Chairman told Mr. Bernes that he was in sympathy with them and was aware of their situation. Member Hobel referred to past Redevelopment Agency meetings whereby property owners such as Mr. Berneswould not be held up in thèirefforts. He voiced concern over staff's inability to prevent this stalemate. Mr. Desrochers requested time to come back with an agreement involving affected property owners at the May 4 Redevelopment Agency meeting. It was noted that on April 24, 1978, a hearing will be held to discuss the sale of pro- perty owned by the United States Government (property is located at 319 Madrona Street, formerly Mr. Jat's). The City of Chula Vista has made an offer of $194,000 for this property and in the event no bona fide offer or overbid is received prior to or at the time of the hearing, the United States will move for confirmation and approval of the sale. 4/6178 -5- Redevelopment Agency Meeting April 6, 1978 Mrs. Jennings, operator of a local beauty college, pOinted out to the Agency that she has attempted repeatedly to gather information regarding the purchase of the Mr. Jat's property. She indicated that she has been conferring with Mr. Bernes in regards to the development stalemate. Mrs. Jennings also requested action be taken in order to hasten the development process. It was moved by Member Hobel, seconded by Member Scott and unanimously carried that staff, in consultation with Messrs. Bernes and Isham, be directed to move forward in their development efforts in conjunction with Mr. Zogob. Member Scott requested that staff report back to the Agency on the status of the Bernes and Isham situation at the Adjourned Regular Meeting to be held on April 18, following the regularly scheduled City Council Meeting. ITEM NO. 7 - STATUS OF UDAG PREAPPLICATION At its meeting of March 2, 1978, the Redevelopment Agency approved a resolution autho- rizing submittal of the UDAG Preapplication to HUD for use in the Town Centre focus area. Earlier this week, staff was notified of HUD's acceptance of the UDAG preapplication. In the meantime, a completed application has been submitted to CPO and the State's Department of Housing & Community Development in order to be eligible for HUD review and approval in May. It was moved by Member Scott, seconded by Member Egdahl and unanimously carried to approve the report. ITEM NO.8 - RESOLUTION NO. 111 - ADOPTING RULES GOVERNING PARTICIPATION AND PREFERENCE BY OWNERS AND TENANTS IN THE TOWN CENTRE II REDEVELOPMENT PROJECT According to the Community Redevelopment Law, rules governing owner participation must be adopted by the Redevelopment Agency and made available fo~ public inspection within a reasonable time before the approval of the Redevelopment Plan. Offered by Chairman Hyde, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Member Hyde, Hobel, Cox, Scott, Egdahl Noes: None Absent: None ITEM NO. 9 - REPORT: PROJECT AREA COMMITTEE FOR TOWN CENTRE #11 State law requires that most Redevelopment Projects institute a Project Area Committee composed of residents or persons with an interest (general or business) in the proposed project area. Since the Town Centre Project #11 Plan as proposed may only require limited acquisition and relocation, an additional Project Area Committee may not be necessary. An advisory committee may, however, be desirable. It is therefore proposed to expand membership of the existing committee by two persons, from five to seven repre- sentatives. The additions would come from the new area but serve the committee as a whole. Chairman Hyde stated that he would submit the names of two candidates for appointment to the Project Area Committee for Town Centre Project #11. 4/6/78 -6- Redevelopment Agency Meeting April 6, 1978 It was moved by Member Hobel, seconded by Member Scott and unanimously carried that the Chairman be allowed to submit to the Agency names of two candidates for appointment to the Town Centre Project #11 Project Area Committee. It was moved by Member Cox, seconded by Chairman Hyde and unanimously carried to accept the report. ITEM NO. 10 - TOWN CENTRE II SCHEDULE/PROGRESS Progress in conjunction with preparations for the Public Hearing is somewhat behind schedul e. The environmental study is the main delay because it requires review by the State and several City committees. The traffic circulation element is perhaps most critical and vital to the EIR. It is anticipated that a Public Hearing will be scheduled for either the first of June or shortly thereafter. It was moved by Member Scott, seconded by Member Cox and unanimously carried to accept the report, ITEM NO. 11 - STATUS REPORT: DEVELOPMENT OF BAY BOULEVARD PROPERTIES APPRAISALS Development of Bay Boulevard Properties Continued interest by those interested in motel and restaurant establishments in the vicinity of Bay Boulevard and E Street is apparent. Mr. Street's legal problems are still unsettled and his April court date has been postponed. Mr. Campbell's tenant, the wrecking yard adjacent to Anthony's, is making plans to move. Apprai sal s Staff has been advised by the Lee C. Johnson, Company that the Bay Boulevard appraisals will be completed shortly. The Agency will be notified as soon as a staff evaluation and recommended position can be ascertained. It was moved by Member Cox, seconded by Member Scott and unanimously carried to approve the report. ITEM NO. 12 - REPORT: U.S. FISH & WILDLIFE SERVICE JOINT CONSULTATION PROCESS Community Development Coordinator Boyd informed the Agency that staff has been in contact with the U.S. Fish & Wildlife Service in an effort to set up a meeting to discuss the major issues on two federal projects. That meeting has been established for April 11, 1978, in Los Angeles. The joint consultation process will be discussed at this meeting. It was moved by Chairman Hyde, seconded by Member Scott and unanimously carried to accept the report. ITEM NO. 13 - WORKSHOP TO DISCUSS LOCAL COASTAL PROGRAM CONTENT AND SUBMITTAL City staff has been workin1 with WESTEC Services, Inc. in the preparation of the City's Local Coastal Program (LCP for the past six months. À draft LCPhas been completed and has been distributed to the Redevelopment Agency members for review and comment. Si nce the LCP differs somewhat from the adopted Bayfront Redevelopment Project Plan and since there are some procedural issues that should be considered by the Agency, staff is requesting a workshop session to receive direction from the Redevelopment Agency on these matters. 4/6/78 -7- Redevelopment Agency Meeting Apri I 6, 1978 Among the items to be discussed at this workshop session are: (1) Refinements to the Bayfront Redevelopment Project Plan; (2) change in development plans for the D Street fill; (3) possibility of inverse condemnation; (4) timing of LCP submittal; and, (5) staff direction. It was moved by Member Scott, seconded by Chairman Hyde and unanimously carried to schedule a workshop session to discuss the Local Coastal Program Content and Submittal on Thursday, April 27, in lieu of a Council Conference. Upon further discussion of conflicting time schedules, another motion was offered in order to allow for Member Egdahl's presence at the April workshop session. It was moved by Chairman Hyde, seconded by Member Scott and unanimously carried to schedule a workshop session for Wednesday, April 26, at 3:00 p.m. CHAIRMAN'S COMMENTS Chairman Hyde commented on a walking tour of the Third Avenue area to be arranged for the Redevelopment Agency. Due to time constraints, the item will be discussed at a I ater date. The meeting was adjourned at 8:58 p.m. to the Adjourned Regular Meeting of the Rede- vejopment AgenCY iinmediately following the regularly scheduled City Council Meeting on April 18, 1978. ~ 4/6/78