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Home My WebLink Aboutrda min 1985/11/07 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Thursday, November 7, 1985 Public Services Buildin9 7:00 p.m. Council Chambers ROLL CALL MEMBERS PRESENT Chairman Cox; Members Scott, Malcolm, and Moore MEMBERS ABSENT Member McCandliss STAFF PRESENT Executive Director Goss, Agency Attorney Harron, Community Development Director Desrochers, Redevelopment Coordinator Kassman ITEM NO. 1 - APPROVAL OF MINUTES MSUC (Cox/Scott) to approve the minutes of October 3 and 17, 1985, as mailed. Chairman Cox requested that he be recorded as an abstention for the minutes of October 3 due to his absence from that meeting. ITEM NO. 2 - REPORT: NATURE CENTER/INTERIOR DESIGN AND USE Tony Cutri of the firm of Winn-Cutri, architects for the Nature Interpretive Center, reported they have been working with their subcontractor, Rhodes/Dahl, in reference to interior exhibit design in the Center. He said his firm is scheduled to start construction documents in a few days and go to bid in order to begin construction i n Apri 1, 1986. If the Center is to open with any exhibits, he advised that it is necessary they be started soon. He described the evening's conceptual design presentation as the first step in that process. Linda Rhodes stated the firm of Rhodes/Dahl deals largely with exhibit design/ placement and museum project management. She said their most recent project is the Monterey Bay Aquarium, with others including the Biona Wetlands in Los Angeles (sponsored in part by the Audubon Society) and an Ocean Center in Hawaii. Referring to the Nature Center, Ms. Rhodes said they were contacted by Winn-Cutri a few months ago because that firm needed to have a further definition of what the Center was going to have in it, what the programs and exhibits might be and how it might be operated. She indicated there was enough feeling now for what is possible at the Center to go over the alternatives and make some decisions on how to proceed. Ms. Rhodes stated they suggest something different from other wetlands projects in Southern California--something unique and education and at the same time a community wide asset. She indicated they had made some assumptions along those lines, taking into account the time schedule and the budget parameters. The firm proposes a "children's discovery center" as the theme: a marsh center for children. This would present an opportunity for local school groups to use the center as an educa- tional tool in conjuntion with their regular studies. 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Member Moore inquired if the ad hoc committee established earlier kept minutes of their meetings. Community Development Director Desrochers replied no, their actions were reported in the agenda statements. He said they advised on the selection of the architect for the Center, and have contributed their input recently at the concept stage. He added that they most likely will form the nucleus of the Conservancy Trust. Chairman Cox said he had talked with Governor Deukmejian's press secretary while attending a luncheon featuring the Governor as speaker. The possibility of the Governor's being available for the Nature Interpretive Center's opening was brought up at that time. Chairman Cox asked members if there was any objection to his writing a letter requesting the Governor's presence. Member Malcolm thought the timing of a week before a major election might present a problem for the Governor. (There were no adverse comments on requesting the Governor to attend the opening.) ITEM NO. 3 - REPORT: STATUS OF 404 PERMIT/DISCUSSION OF ALVISO NATURE CENTER Mr. Desrochers advised that the U. S. Corps of Engineers has completed their Bio- logical Assessment and Norbert Dall, Agency consultant, and JoAnne Sorenson, Jones & Stokes, are evaluating the report. A formal rebuttal to the Biological Assessment is planned very soon that will, hopefully, assist in the review and processing. He said the Agency may not get a decision on the 404 Permit by the end of December as originally promised. Mr. Dall, of Norbert H. Dall & Associates, reminded members that the U. S. Fish and Wildlife Service has opposed the implementation of Chula Vista's Local Coastal Program (LCP), including the City's pending Section 404 application regarding build- ing or improving the southern levy access road to Gunpowder Point that would serve the Nature Center. Since Chula Vista is not unique in having or proposing a major environmental center on its bayfront, he thought the handling of the Alviso facility could provide an enlightening contrast to the City's problems. Mr. Dall advised that in 1972 Congress enacted a law leading to the expenditure of $19 million to buy 23,000 acres of mud flats, salt ponds and marshlands in the South San Francisco Bay area, not far from San Jose. Mr. Dall narrated a slide presentation showing flora and fauna similarities with those of Chula Vista's bayfront, along with land/water interaction, both natural and manmade. The slides focused on such controversial items as a railroad crossing, utility poles and lines, levy road improvements, and a functioning culvert in a marsh area similar to Vener Marsh. Mr. Dall commented that there are four en- dangered species in the marsh shown, including the California least tern and the California clapper rail, cousin to our light-footed clapper rail. -- ,---..--- - ----------- - ---.----,.".---..- ----... Regular Meeting of the Redevelopment Agency -4- November 7, 1985 Member Malcolm thought it was amazing how many cities have been plagued with the supposedly endangered least tern. Mr. Dall concurred, adding that most of their population is in Mexico. A minus-elevation road, subject to high-tide inundation, was viewed in addition to a berm built to solve the same problem. Much landfill was noted on which the two- lane levy road exists, and a si9n points to the parking lot marked for 25 cars and four buses. An emergency gate is available for vehicles touring with elderly/ handicapped on the levy road that extends two-thirds of a mile through the marsh. Member Moore asked if it would compare with Chula Vista's northern levy for emer- gency exit from Gunpowder Point, and Mr. Dall said it seemed so. Member Moore said he didn't notice any drainage control--that we have a requirement for drainage control so water on the asphalt does not go back into the marsh. Mr. Da 11 stated it appeared that drainage from the site shown, including the levy road, drained into the adjacent salt marsh. No drainage towards a central collection point or filtration pond was observed. The interpretive center building, complete with a propane tank and a boardwalk that goes through the nearby marsh, was viewed. Mr. Dall noted that there is a slough less than 50 feet from the back door of the center. (In another area, a salt evaporation pond was pointed out; also, across the bay there is a substantial industrial complex.) In light of the Agency's approval problems, Mr. Dall emphasized that permits were not obtained for the vast majority of items depicted in the slides. For the inter- pretive center building itself, no permit was obtained from the Corps of Engineers by the U. S. Fish and Wildlife Service (USFWS) due to an ambiguous clause in a Corps regulation adopted in 1972. Only subsequent to the completion of the inter- pretive center and improvements to an existing 1960's levy road in 1978, did the USFWS apply to the Corps for a master permit, Mr. Dall advised. The master permit included little besides improvements to the levy road and the boardwalk, which were determined by the USFWS and the Corps to have no adverse affect on the environment. Mr. Dall said he thought a major precedent was set in the Alviso case inasmuch as the Alviso Educational Center sought to achieve the same high and publicly minded objectives as Chula's Vista's Interpretive Nature Center proposes--but there was a major difference in processing. He felt the City should call to the attention of the administrative as well as the elected officials of the United States, who have an interest in this, of the apparent major discrepancy of what happened when the USFWS was the applicant opposed to the City of Chula Vista's being the applicant. In answer to a question by Chairman Cox, Mr. Dall said that preliminary information gained from U. S. Geological Survey aerial photographs spanning 20 years suggests that Alviso's landfill is three to four times the 11,000 square feet requested for our Nature Center access road. Chairman Cox mentioned the 13 to 1 mitigation ratio for access road fill and asked if there was any mitigation ratio on the Alviso center. Mr. Dall said none was referenced in Corps records nor in USFWS's applica- tion. The Chairman inquired about an Environmental Impact Study for Alviso, and Mr. Dall said that there was no Environmental Impact Study on the project. - --. -------_._-~----_._.__._--- Regular Meeting of the Redevelopment Agency -5- November 7, 1985 Member Moore mentioned three items he described as being checks and balances to improve our situation: 1) an expensive design for a levy with cantilever effect to reduce fill, 2) an expensive design for fencing so as not to provide perches for predators, and 3) a good system of drainage. Member Malcolm felt our problems stem largely from our location in a minority area such as the South Bay. He said he thought it was time for the citizens to let their legislators know that we need and can appreciate a nice development. Member Scott indicated that the righteous indignation expressed was all well and good, but how could it be used. He wondered if the USFWS had really set a legal precedent--couldn't they say, yes, we made a mistake but we won't let it happen again? Member Moore said Mr. Dall gave just the type of data Senator Wilson was looking for in his recent visit to the bayfront and marshlands. The Senator was concerned about the duplication of procedures required by both State Fish and Game and USFWS. Responding to Member Scott's comments, Mr. Dall stated that the substance of infor- mation outlined has been incorporated in a response to the Biological Assessment he and JoAnne Sorenson prepared. A summation of this response will be provided the City with the recommendation that it be forwarded to involved parties, i.e., U. S. Senators and Congressmen, the head of the U. S. Army Corps of Engineers, and Colonel Butler in Los Angeles. Member Scott reiterated that it was all rational and logical, but that had not made any difference in the past. He was of the opinion that they made enemies getting the Coastal Plan approved. Member Malcolm saw putting political pressure on elected officials, such as Senator Cranston, as the answer. He advocated urging the Senator to visit the site in question as did Senator Wilson. Chairman Cox said he was sympathetic to Member Scott's comments as to whether all this was going to make any difference. He expressed the belief that a double standard exists with Alviso's project versus Chula Vista's. He felt there was a mandate to bring this to the attention of the elected officials and to the public. He believed someone at the federal level should be willing to probe into the City's problems with the USFWS. Member Scott agreed that something spectacular would have to be done to reach a satisfactory outcome. He then detailed the snowball effect of one dissident member of the Chula Vista Women's Club several years ago to the subsequent Sierra Club's opposition, to finally the "great cause." He saw this as ironic since the bayfront plan was hailed as innovative and foresighted when presented in 1970. All this was to show how important one enemy can be. Chairman Cox related problems associated with trying to put up a fence and make improvements to protect the least tern nesting area this Spring. Approval was given by the State Coastal Commission, but the USFWS barred the City from proceed- ing except for the fence which was already in place. As a result, successfully - "--'-.----- ""'-'-"'- --- ------------~--_.__._----_._-_...._---- Regular Meeting of the Redevelopment Agency -6- November 7, 1985 hatched chicks were killed by predator kestrels perching on the tall plants the City was not allowed to cut down. Member Malcolm reminded those in attendance that Congressman Bates is up for re- election next year, and elected officials should be asked where they stand on the Bayfront Plan. MSUC (Moore/Scott) to accept the report, (4-0). ITEM NO. 4 - RESOLUTION NO. 639 APPROVING AGREEMENT WITH CVIC FOR PARTIAL FUNDING OF PLANNING/MARKETING SERVICES FOR THE BAYFRONT BY HOPE CONSULTING GROUP AND APPROPRIATING FUNDS THEREFOR RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by unanimous consent, passed and adopted unanimously. (4-0) ITEM NO. 5 - REPORT: STATUS OF THE CAFE PORTOFINO (FORMERLY BROWN DERBY) MSUC (Malcolm/Cox) to accept the report, (4-0). ITEM NO. 6 - REPORT: LEASE AGREEMENT WITH SAN DIEGO SHIPBUILDING, INC. '~ember Malcolm stated he did not like the 90-day notice period and did not see any reason why a one-year contract could not be entered into. Michael Cowell, attorney for San Diego Shipbuilding, noted that the recommendation in the agenda statement is to direct staff to negotiate. He said they would like to meet with staff and work out a proposal without too much pre-determination by the Agency now. He said it could be brought back in plenty of time for Agency review. He didn't think the gO-day situation would be acceptable. MS (Cox/Scott) to accept the report with the understanding that they (staff and San Diego Shipbuilding) have the ability to negotiate without any specified parameters and come back with a recommendation. Member Scott questioned whether staff would come up with any different negotiations. Mr. Desrochers responded that if the City goes beyond the month-to-month rental with a gO-day notice, it requires a court order. Staff was not encouraging that course, he said. This was intended as an item for discussion so something accept- able to both parties can be negotiated and brought back to the Agency. Member Scott asked Agency Counsel to clarify why a court order would be needed. Attorney Harron advised that the court has specifically stated that if we don't go with a year extension, we will have to get a further order from the court. CHAIRMAN COX called for a vote on the motion to accept the report (with the stipulation noted), and the motion carried unanimously, (4-0). ----..-...-.-- .". .--,.,..-.-----------...-.-... --- Regular Meeting of the Redevelopment Agency -7- November 7, 1985 ITEM NO. 7 - REPORT: REQUEST FOR PROPOSALS FOR A FINANCIAL FEASIBILITY ANALYSIS FOR THE CONVERION OF THE VOGUE THEATRE Member Malcolm remarked that he didn't think $2 million could be raised in this community. MSUC (Scott/Cox) to accept the report, (4-0). ITEM NO. 8 - RESOLUTION NO. 640 ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH DONALD R. PALUMBO AND CHARLES E. SUTHERLAND (GOLDCOAST ENGINEERING) RESOLUTION OFFERED BY MEMBER SCOTT, the reading of the text was waived by unanimous consent. Referring to the Conditions of Approval, Member Moore questioned the advisability of eliminating one parking space and reducing the vehicle backup area, Conditions 1 and 2. He further asked if Condition 2 had anything to do with turning radius, which has been a problem elsewhere. Redevelopment Coordinator Kassman said those recommendations were from the Planning Department and the Design Review Board. Patrick Crowley, architect for the project, said Condition 1 did not reflect a change agreed to by the Design Review Committee and the developer to reduce the number of standard spaces and make three more compact spaces. This would pick up three more feet for landscaping, thus satisfying a concern of the Committee and s ta ff. Regarding Condition 2, Mr. Crowley said it did not affect turning radius. Staff was concerned that with the proposed 12-foot backup space, small cars might attempt to park in undesignated areas. He said they had no problem with the reduction. Member Moore said the specifics of Condition 1 would have to be looked into. He wondered why staff reduced the backup space from 12 feet to 5 feet in light of park- ing lot problems in that respect. Mr. Desrochers stated he would check the minutes of the Design Review Committee reference Condition 1 and incorporate the correct wording in the Conditions of Approval. CHAIRMAN COX called for a vote on the Resolution (with Condition 1 to be corrected as necessary); it was passed and adopted unanimously, (4-0). ITEM NO. 9 - RESOLUTION NO. 641 ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH THE GSX CORPORATION Member Scott left the dais to avoid any appearance of conflict of interest. Mr. Kassman pointed out that the Agency had already reviewed this project for a special permit, and it was back now for the Owner Participation Agreement. --.'-.. __ _...__._.___ n_ _ _..._ .____..__._'._._____._'_.____._..____~,._"~_,_ Â~~+a~3as aAl+n3ax3 'S~a430~Saa 'Ð ln~d ~ 'w'd P +e '586L 'LZ ~aqwaAoN 'Á~ps~n41 Pla4 aq LL~M 5u~+aaw +xau a41 'uo~ss~wwoJ Le+s~oJ e~u~oJ~leJ a4+ 'SA qnlJ ~~~a~s a4+ JO suo~+~5~+~L 5u~+s~xa pu~ uo~+~5~+~L Le~+ua+od +~w~ad POP uO~+Jas ssn3S~p 0+ uo~ssas pasoL3 e 0+ 'w'd 05:8 +e 5ul+aaw a4+ pau~noÇp~ xOJ u~w~~~4J IMOd3M S,NVWMIVHJ '~~aÁ a4+ JO pua ò4+ a~oJaq pa+aLdw03 aq U~3 ~~oM~ad~d uo~+exauue a4+ J~ sò5~+u~^p~ anuaAa~ x~+ Â+~ado~d a~~ a~a4+ +nq 'ò+~p l~~J~JJo a4+ S~M +sl Â~~nu~r p~~s ssoÐ ·~W 'ò+~p aA~+3aJJa a4+ uo Á~~nbu~ s,a~oow ~òqwaw 0+ asuodsa~ uI 'uo~+elndod JO sw~a+ u~ òLeAÂuuns pue ÂaLa~~ò8 'P~03UOJ 'pooMaL5uI 'esoM ~+ues se sò~~~3 43ns 5u~ss~d 'a+e+s a4+ u~ Á+~3 +sa5~~L puZZ ò4+ 0+ 4+9£ a4+ wO~J pu~ 'Â+un03 a4+ u~ Â+~3 +sa5~eL pu03as a4+ 0+ P~~4+ a4+ wO~J aAOW lL~M ~+s~^ eLn4J 'sò~n5~J uo~+elndod pu~ a5e -aL~w a~~nbs 6U~+~3 'uol+~xauu~ Á~òw06+uoW ò4+ uo pa+uaww03 ssoÐ ~0+3a~~a aA~+n3ax3 'aw~+ s~4+ +e pòu~n+ò~ ++03S ~aqwaw IMOd3M S,MOIJ3MIa '5u~u~~+sq~ ++03S ~òqwaw 4+~M (L-O-£) paAo~dd~ pu~ passed '+uòsu03 snow~u~un Áq paA~~M S~M +xa+ a4+ JO 5u~p~a~ a4+ 'W10J1VW M38W3W A8 a3M3JJO NOIlnlOS3M 586l 'L ~aqwaAoN -8- ÁJuafiv +uawdolaAòpaM ò4+ JO 6ul+aaw ~eln5aM - _'__'n_..._____...__.____._..___..______________'_____"...___.._