HomeMy WebLinkAboutrda min 1985/08/01
MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
Thursday, August 1, 1985 Public Services Building
7:00 p.m. Council Chambers
ROLL CALL
MEMBERS PRESENT: Chairman Cox; Members Malcolm, McCandliss, Scott, Moore
STAFF PRESENT: Executive Director Goss, Community Development
Director Desrochers, Agency Attorney Harron, Assistant
Community Development Director Gustafson, Acting
Redevelopment Coordinator Kassman
ITEM NO. 1 - APPROVAL OF MINUTES
MSUC (Moore!McCandliss) to approve the minutes of June 20, 1985, as mailed.
DOWNTOWN I1ARKETING/PARKING STUDIES
The Agency was informed that one of the information items provided for them
included a memorandum regarding parking in the downtown area. Therefore, this
item should be included as an action item on the Agency agenda for this
evening's meeting.
At the July 25 workshop, there was not sufficient time to discuss the parking
issues contained in the consultant's report and reviewed by both the Parking
Place Commission and Downtown Committee. One of the immediate concerns
regarding parking involves the need for short term parking on Third Avenue in
front of the focus area ("F" to Madrona west side). However, the Parking
Place Commission and consultant differ on their recommendation.
Community Development Director Desrochers explained that there are a couple of
areas in the parking study and the marketing analysis that are viewed
differently by some entities in the community who wish to address them
tonight. Specifically, the areas of concern regarding the parking study
include speed limits downtown, striping, etc. Since these items are not of a
controversial nature, they need not be brought to the Agency for resolution.
However, staff hopes to bri ng back these i terns of concern, as well as the
marketing analysis in about 30 days.
Mr. Bob McMains, representing Standlee's Cake and Party Shop, requested that
the Redevelopment Agency postpone discussion on these studies for 30 days in
order for him to review the parking study document. He expressed concern that
the parking study was not made available to him until this evening. In
response, Acti ng Redevelopment Coordi nator Kassman expl ai ned that the parki ng
study was received by City staff in early May of this year. The Downtown
Association received the document at the same time; however, Mr. McMains was
not on the Board then.
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Redevelopment Agency - 2 - August 1,1985
Member Moore commented that there seems to be items regarding these two
documents that do not have to wait 30 days for final approval.
It was moved by Member Moore to defer the item for 30 days. The motion died
for lack of a second.
Member Moore commented on various violations relative to delivery trucks
parki ng in the red zone on the west si de of Thi rd Avenue. He suggested that
perhaps an electronic gate could be installed for trucks to make their
del iveries.
MSUC (Cox/McCandliss) to defer this item for 30 days and have staff
i ncl ude in its 1 i st of di screpanci es the need for short term parki ng on
the west side of "F" Street and Madrona.
ITEM NO. 2 _ RESOLUTION - APPROVING APPROPRIATION OF FUNDS FOR DRAINAGE
IMPROVEMENTS TO POGGI CREEK
On July 2, the Agency considered a resolution approving funds from the Low and
Moderate Income Housing Fund to pay the cost of improving the Poggi Creek
drainage downstream of the Housing Opportunities, Inc. (HOI) project. Thi s
item was continued to this date in order to obtain more information on the
issues.
It was moved by Member Malcolm to file the request. The motion died for lack
of a second.
Member Malcolm expressed concern that there has been no guarantee on the
developer's part to lower unit prices should the Agency approve the current
request to appropriate funds. He cautioned that the Agency shoul d not be
hesitant to deny this request.
Member Scott noted the similarity in this project and Chula Vista Woods
Proj ect.
Member Scott poi nted out that there are no extenuati ng ci rcumstances for
subsidizing this project another $104,000. If staff feels that an additional
subsidy for this development is warranted, it should be stated as such but
should not be contingent on the drainage problem.
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by
unanimous consent.
The motion failed by the following vote, to wit:
AYES: McCandliss, Cox
NOES: Malcolm, Scott, Moore
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Redevelopment Agency - 3 - August 1, 1985
ITEM NO. 3 - REPORT: TOWN CENTRE MANOR ROOF
At thei r meeti ng of July 18, 1985, the Agency consi dered a number of acti ons
relative to installing the Rocron tile in the Town Centre Manor roof. The
Agency decl i ned to approve the Rocron til e acti ons and asked instead for a
cost estimate for adding mission clay tile to the roof.
MS (Cox/Moore) to accept staff report.
Member McCandl i ss suggested that the roofi ng materi al shoul d be compati bl e
with the material used for the Civic Center and Library buildings. Therefore,
she suggested staff more thoroughly research the options available which are
not exorbitantly priced.
Chairman Cox withdrew his motion and the second agreed.
Member Malcolm questioned the necessity for install ing footings for the
building since he had been informed by several architects that these footings
were not necessary. I n response, Assistant Communi ty Development Di rector
Gustafson replied that the Buil di ng and Housi ng Di rector, and the project
architect for the Housing Authority wa~e consulted in making the estimate of
work and cost.
Discussion followed regarding the Agency's referral that staff check into the
cost estimate of the mission clay tile. A detail ed cost estimate was not
prepared because calculations for span and shear loads would have to be done
on the structurally complex building by an architect and an engineer. This
would result in additional expense to the Agency.
MSC (McCandliss/Malcolm) to accept the report and continue to search for a
synthetic roof alternative (Member Moore opposed).
Member Moore commented that the roofing matter could be delayed since it is
not high priority.
Further discussion involved inspection of the roof material. Assistant
Di rector Gustafson informed the Agency that the City does not typically
inspect roofs. However, in order to be absolutely sure the roof woul dn' t
leak, an inspection would have to be done during the rainy season.
ITEM NO. 4 - RESOLUTION NO. 613 - ENTERING INTO AN OWNER PARTICIPATION
AGREEMENT WITH DONALD R. HEYE
Plans for existing Hyspan manufacturi ng plant were submitted to the
Redevelopment Agency on July 2, 1985. At that meeting, the Agency voted to
conti nue the matter to the next regul ar meeti ng to give the appl icant an
opportunity to present the revised fence plan to the Design Review Committee.
Since these plans were not available for review by the Agency on July 18, they
will be presented this evening. Addi ti onally, an oral report regardi ng the
Desi gn Revi ew Commi ttee' s fi ndi ngs wi II be presented to the Agency at that
time.
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Redevelopment Agency - 4 - August 1, 1985
Communi ty Development Director Desrochers informed the Agency that the
applicant, Mr. Donald Heye, is out of town and will not be able to address the
Agency regarding his plans.
Planning Director Krempl indicated that at the Design Review Committee meeting
this afternoon, the applicant's representatives remarked that the parking
setback for this project would be 25 to 30 feet. Staff is willing to
recommend the 25-foot setback for parking. However, accordi ng to the
Redevelopment guidelines for this area, no structure should be within a 40
foot setback which is 1 andscaped and vi sually noticeable to the street.
Staff I s previous feeling was that the intent of the guidelines were to
establ i sh a 1 andscape setback to set the image for the Redevelopment Project
Area. Therefore, it would have been inappropriate to have structures within
the setback area. The Design Review Committee's recommendation, therefore,
was to allow the 25 foot setback whi ch was agreed to by the applicant's
representative.
Di scussion followed regarding the applicant's previ ous statement that if
additional parking was not allowed, he woul d bri ng the bui 1 di ng up to the
street 1 evel. Al so, Member Scott commented that the Hyspan project was one
that was in existence pri or to establ i shment of the Redevelopment Project
Area. Therefore , the Design Review Committee has come up with a good
compromi se.
Mr. Ken Smith, 435 West Bradl ey, El Cajon, representing Mr. Donald Heye,
emphasi zed the need for at 1 east a 6-8 foot wrought iron fence for security
measures. Mr. Heye is concerned that the 1 a rge 1 andscaped area creates a
hiding place for illegal aliens, and vandalism occurs during the day as well
as in the evening.
MSC (Cox/Moore) to amend the staff recommendation (conditions of approval)
to have them consistent with the Design Review Committee's proposed
recommendations (wrought iron fence, 15 feet from the property line with 5
foot insets). (The moti on passed wi th Members Malcolm and McCandl i ss
opposing.)
Planning Director Krempl clarified that the conditions of approval (Exhibit B
to the Owner Participation Agreement) should be revised as follows:
Conditions a, d, and e remain the same.
Condition b should be revised to read: "Allow a wrought iron fence to be
placed 15 feet from the property with 5 foot insets."
Delete Condition c.
Member McCandl i ss commented that al though she understood the reasoning for
erecting an 8-foot fence for security reasons, a wrought iron fence depicts a
warehouse type atmosphere and perhaps would be setting a bad precedent.
Redevelopment Agency - 5 - August 1, 1985
Discussion followed regarding the need to review the need for the fence in a
few years.
MSUC (Scott/Malcolm) to review the need for the wrought iron fence for the
Hyspan Project in 7 years.
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by
unanimous consent, passed and adopted. (Member McCandliss opposed.)
ITEM NO. 5 - RESOLUTION NO. 614 - ENTERING INTO AN OWNER PARTICIPATION
AGREEMENT WITH AURELIO MIRAMONTES FOR THE
CONSTRUCTION OF TWO INDUSTRIAL WAREHOUSE
BUILDINGS AT 781 ENERGY WAY
An Initial Study for the constructi on of two i ndustri al warehouse bui 1 di ngs
was prepared and a Negati ve Declaration was issued which found that no
significant impact would resul t. The Design Review Committee recommends
conditional approval of the design.
Acti ng Redevelopment Coordi nator Kassman added that thi s project is one of
many being submitted by private developers in an effort to redevelop the Otay
Recycl i ng Park.
Member Scott questioned the parcels located in this area that were previously
involved in bankruptcy proceedings. He suggested that staff shoul d pursue
conformance of the parcel s to the CC&Rs in order to have them conform to the
objectives of the Redevelopment Area. Chai rman Cox noted that a tremendous
amount of progress has been made to maintain the condition of the recycl ing
park with the exception of the streets at the east end of the park. Staff
should continue, however, to pursue cleaning up this area.
Assistant City Manager Asmus reported that the Police Department is attempting
to remove abandoned vehicles from this area. However, a full report on their
activities is not available at this time.
RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by
unanimous consent, passed and adopted unanimously.
MSUC (Scott/Moore) to instruct staff to come back with a "pl an of attack"
on how to bring the area into conformance with the CC&Rs.
ITEM NO. 6 - REPORT: STATUS OF THE ENVIRONMENTAL HEALTH AUD IT OF THE
SOUTHEASTERN SECTION OF THE CITY
Earlier this year, the Environmental Health Coalition submitted a proposal to
undertake a health audit for the southeastern section of the City as requested
by City staff. The Redevelopment Agency withhel d approval of the $27,000
budget request and recommended that staff first contact the County Department
of Public Health to request that they undertake or assist in the financing of
the study to determi ne if there were any hazards in the southeastern secti on
of the City. As a resul t of staff's correspondence, the County i ndi cated
their willingness to assist the City in this endeavor.
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Redevelopment Agency - 6 - August 1, 1985
Acting Redevelopment Coordinator Kassman remarked that this item is 1 inked
with the request to enter into an agreement with Woodward-Clyde for continued
environmental management consulting services. Acceptance of this report would
provide the mechanism to develop the statistical survey.
Member McCandliss expressed concern with the direction the project is taking.
The County's correspondence indicates that a vital statistics survey is
underway as well as preparati on of a protocol for site assessment. She
suggested that perhaps the Environmental Health Coalition should be involved
in order to provide epidemiology coordination for the whole project;
Member Malcolm pointed out that since the County is generating revenues from
the BKK facility, methane operation, and the dump, the City should be more
forceful in its attempt to have the County take the lead role in this issue.
Member McCandl i ss informed the Agency of her discussion with Supervisor
Bilbray regarding using funds from the BKK operation. He suggested that a
letter be forwarded to him outlining the City's concerns. She added that the
Agency may be betraying a previous commitment regarding the lawsuit settlement.
Agency Attorney Harron i ndi cated he woul d have to review the 1 awsui t for
further clarification regarding the environmental issues.
Member McCandliss reiterated that the area in question is unique in that there
are two landfills with an unusual concentration of hazardous waste materials.
Although, there are no immedi ate probl ems currently exi sti ng in the area,
there is a potential for these problems.
MSUC (Malcolm!McCandl iss) to di rect the Chairman to send a 1 etter to
Supervi sor Bil bray outl i ni ng the di scussi on that Councilwoman McCandl i ss
had with him regardi ng a commi tment of fundi ng and taki ng the 1 ead for a
health survey in the Otay Valley Road area.
Member Scott indicated that although the County shoul d take the lead and
participate in funding for the issues di scussed, the Agency shoul d provi de
some funds. He agreed that the Agency has a legal obligation based upon the
1 awsuit.
Member McCandliss suggested that staff research the record again regarding the
matters discussed this evening.
MSUC (Malcolm/Scott) to bri ng back items 6 and 7 (request for an
en vi ronmental heal th audi t and agreement wi th Woodward-Clyde Consultants)
with response from the County and a report from the City Attorney
regarding any commitments.
Member Moore requested that any correspondence origi nated by the Mayor shoul d
be routed to the Council.
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Redevelopment Agency - 7 - August 1, 1985
ITEM NO. 7 - RESOLUTION NO. 615 - ENTERING INTO AN AGREEMENT WITH WOODWARD-
CLYDE CONSULTANTS TO CONTINUE ENVIRONMENTAL
MANAGEMENT CONSULTING SERVICES
Acting Redevelopment Coordi nator Kassman i ndi cated that the Woodward-Clyde
consulting contract expi res in September of thi s year and other areas of
service besides Otay Valley are included under their contract.
Assi stant City Manager Asmus stated that the Ci ty Manager had some concerns
regarding the time 1 i ne for the Agency to act on the Woodward-Clyde contract
since the City has commitments in other areas of Chula Vista for consultant
servi ces. Acti ng Redevelopment Coordi nator Kassman noted that he wi shed to
avoid overlapping the consultant's investigations with what is proposed by the
Environmental Health Coalition. However, staff has the authori ty in the
budget to expend an additional $25,000 for envi ronmenta 1 studies and can
direct Woodward-Clyde on an as-needed basis to avoid any duplications.
RESOLUTION OFFERED BY MEMBER SCOOT, the readi ng of the text was wai ved by
unanimous consent, passed and adopted unanimously.
ITEM NO. 8 - RESOLUTION NO. 616 - APPROVING AN AGREEMENT WITH JONES HALL HILL
& WHITE FOR BOND COUNSEL SERVICES
The Redevelopment Agency directed that a search be conducted for bond counsel
services, particularly from a local, San Diego regional firm. As a resul t of
Requests for Proposals which were sent to known bond counsel firms
throughout the State, four proposal s were received. A selection committee
composed of the City Attorney, Finance Director, and the Community Development
Di rector eval uated the proposal s, including a late submittal from one area
firm (Jennings, Engstrand & Henri kson). The selection was unanimous in
rehiring the Jones Hall Hill & White firm from San Francisco.
RESOLUTION OFFERED BY MEMBER McCANDLlSS, the reading the text was waived by
unanimous consent, passed and adopted unanimously.
ITEM NO. 9 - RESOLUTION NO. 617 - ENTERING INTO AN OWNER PARTICIPATION
AGREEMENT WITH BAJA RADIO ADVERTISING, LTD.
FOR THE EXPANSION AND EXTERIOR RENOVATION
OF 353 THIRD AVENUE
The applicant has proposed the expansi on and exterior renovation of an
existing commercial building located at 353 Thi rd Avenue. The project is
categorically exempt from en vi ronmental revi ew and has been recommended for
approval by the Design Review Committee.
RESOLUTION OFFERED BY MEMBER SCOTT, the readi ng of the text was wai ved by
unanimous consent, passed and adopted unanimously.
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Redevelopment Agency - 8 - Augu st ", 1985
ITEM NO. 10 - REPORT: ARTICLES OF INCORPORATION AND BYLAWS FOR THE CHULA VISTA
BAYFRONT CONSERVANCY TRUST
The Bayfront Specific Plan establishes a Bayfront Conservancy Trust which will
oversee the maintenance and operation of all wetlands within the Redevelopment
Project that are not under the jurisdiction of the State Department of Fish
and Game. In additi on, the State Department of Fi sh and Game is expected to
utilize a Conservancy Trust to monitor the wetlands under their jurisdiction.
Communi ty Development Desrochers i ndi cated that the Agency Attorney has
reviewed the bylaws and articles of incorporation and is satisfied with their
contents.
Member Moore questioned the byl aws, specifically, Section 3.10, page 4,
regarding a quorum. Agency Attorney Harron explained that this is an
acceptable statement.
Chairman Cox suggested that in the event National City receives approval of
thei r LCP, they shoul d be i nvi ted to be i ncl uded in the Conservancy Trust.
Community Development Di rector Desrochers i ndi cated that if thi s were the
case, an amendment would suffice to allow this.
ITEM NO. II - RESOLUTION NO. 618 - EXTENDING AN AGREEMENT WITH GRUEN GRUEN +
ASSOCIATES FOR E CONOMI C FEASIBILITY
ANALYSIS FOR THE BAYFRONT REDEVELOPMENT
PROJ ECT
On December 20, 1984, the Redevelopment Agency approved an agreement wi th
Gruen Gruen + Associates to undertake an independent economic analysis of the
Bayfront Redevelopment Project for calculation of infrastructure costs. It is
proposed to extend the contract to December 31, 1985, in order to provi de
ana lyti ca 1 information during the negotiation process as well. The contract
is for a cost not to exceed $10,000 with the understanding that Chula Vista
Investment Company would pay one-half the cost of the services.
Member Malcolm questioned this expense since the Agency has also incurred the
cost for the redevelopment plan.
Member Scott stated that the question seems to be if the expendi ture of
$10,000 is a legitimate expense. In order for this Agency to have equal input
into such discussions, the Agency should pay for it.
RESOLUTION OFFERED BY MEMBER MOORE, the reading of the text was waived by
unanimous consent, passed and adopted. (Member Malcolm opposed.)
CHAIRMAN'S REPORT
a. Chai rman Cox indicated that he recei ved a no ti ce regardi ng the Agency
workshop relative to discussion of Bayfront economics scheduled for August
8 at 4:00 p.m.
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Redevelopment Agency - 9 - August 1., 1985
b. Chairman Cox requested that the Bayfront tour with Senator Wil son thi s
Saturday, August 3, should be noticed as an Agency tour beginning at 8:00
a.m. in front of the Civic Center fountain.
c. Chairman Cox requested a Closed Session for Bayfront litigation.
MSUC (Cox/Scott) to have a Closed Session for current and potenti al
litigation regarding the Sierra Club lawsuit following this meeting.
d. Chairman Cox reported that the demurrer relative to the Sierra Cl ub
lawsuit was granted by the court to the City. The Sierra Club has 30 days
in which to appeal this demurrer. The Agency Attorney and Special Counsel
were commended for their efforts.
e. The Chai rman noted that Agency input is still needed regardi ng Bayfront
street names.
MSUC (Cox/McCandliss) to docket thi s item for the next Agency meeting
(August 15) and obtain input from the Chamber of Commerce.
MEMBERS' COMMENTS
a. Member Malcolm commented on the upc omi ng Coastal Commi ssi on deci si on
regardi ng the Port Di stri ct amendments to the Master Pl an and Mari na at
"G" Street. Discussion involved the direction of the Council towards this
decision.
b. Member Mal col m expressed concern wi th the condi ti on of the Thi rd Avenue
and Roosevelt area. He suggested that staff research the Owner
Partici pati on Agreement that shoul d probably regul ate mai ntenance of the
property.
c. Member Malcolm asked if the City Attorney had prepa red the report
requested regarding funding high school bleachers. Agency Attorney Harron
stated that it had been prepared, and he will forward an additional copy
to Member Malcolm.
d. Member Scott expressed concern with chewing gum sticking to the streets
and sidewalks in the Downtown Redevelopment Area.
MSC (Scott/McCandl i ss) to obtai n a report on the 1 egal i ty of prohibi ti ng
chewing gum sales downtown. (Member Moore opposed.)
e. Member Scott suggested establishing a foot patrol to discourage jaywalking
downtown.
f. Member Scott expressed hi s di sappointment with the Agency's acti on to
approve the developer's request for residential lot 8 in the Town Centre
Focus Area. However, he was pleased with the developer's partners (David
and Luis Maizel) due to their outstanding reputation.
Redevelopment Agency - 10 - August 1, 1985
g. Member Moore expressed concern with speeding downtown as well as
throughout the City.
h. Member Moore requested that the City Manager's office investigate various
articles appearing in the July 22 National Lea~ue of Ci ti es newsl etter
pertaining to: Fair Labor Standards, the new azardous Waste Law, and
mandated Medicare coverage for cities.
i. Member Scott asked if the City Manager was able to obtain an article from
the Wall Street Journal editori al secti on. Assi stant Ci ty Manager Asmus
indicated he would need more information in order to obtain this article.
ADJOURNMENT at 9:22 p.m. to Closed Session i mmedi ate ly foll owi ng and the
Bayfront tour on Saturday August 3, 1985, at 8 a.m. The Recordi ng Secretary
." "",., .,d th, "",t'" ""'"'' '.p,'" t~ S."i., .,d.d .t
9:45 p.m. £,
:a ~ /'
Paul G. Desrochers, Executive Secretary
WPC 1733H
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