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Home My WebLink Aboutrda min 1984/11/01 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, November 1, 1984 Council Chambers 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT Chairman Cox; Members Malcolm, McCandliss, Moore, Scott MEMBERS ABSENT None STAFF PRESENT Executive Di rector Goss, Community Development Director Des rochers, Agency Attorney Harron, Redevelopment Coordi nator Zegler, Development Specialist Kassman, Planning Director Krempl - ALSO PRESENT Richard Zogob, Tom Money ITEM NO.1 - APPROVAL OF MINUTES MSUC (Malcolm/Moore) to approve the minutes of October 18, 1984, as mailed. At thi s time, the Chairman convened a joint meeting of the City Council/ Redevelopment Agency for purposes of discussing the items related to the Bayfront Land Use Plan. ITEM NO. 2 - PUBLIC HEARING - CONSIDERATION OF THE IMPLEMENTATION PLAN AND RELATED DOCUMENTS FOR THE BAY FRONT REDEVELOPMENT PROJECT The Bayfront Implementation Plan is the last in a series of approvals requi red in order for the City to receive certification from the State Coastal Commi ssi on. A requirement of the Coastal Commi ssi on is a publ i c hearing for consideration of subject plan. This being the time and place as advertised, the Chairman declared the public heari ng open. Communi ty Development Di rector Desrochers informed the Chairman that all property owners in the Bayfront Redevelopment Project Area have been notified of this hearing and public notice has been made in the newspapers. Mr. Desrochers explained that the implementation plan is also the specific plan and, as such, is subject to an environmental review. The Planning Commission will consider the EIR on the specific plan portion of the implementation plan in No vember, and wi 11 hold a formal hearing to consider adoption of the document in January 1985. Formal adoption of the specific plan, subdivi sion ordinance amendment, and other requi red local reviews wi 11 be held concurrently with Coastal Commi ssi on review of the documents. It is anticipated that the Coastal Commission will consider this document at their San Di ego meeti ng to be held in January, 1985. However, City staff will attempt to sp eed up this heari ng date to December of thi s year. Mr. Desrochers noted that upon authorization of submission of the plan tonight by the Agency/Council, the final plan will be submitted to the Coastal Commission in the next two weeks. , _..._._....._-----~..- Redevelopment Agency Minutes -2- November 1, 1984 Commu ni ty Development Director Desrochers discussed suggested changes to Phase III of the Bayfront Local Coastal Plan as presented by Sedway Cooke. The changes, as noted i n the memorandum dated October 30, 1984, will be reflected in the final specific plan. In response to Member Malcolm's concerns, Communi ty Development Director Desrochers noted that Coastal Commission staff has no problem with the City submitting tentative names of streets for the project. Di scussion foll owed regardi ng the composition of membership for the Bayfront Conservancy Trust governing board. Mr. Desrochers recommended that Option "B" be chosen for the composition which would include appointment of 7 members. Member McCandliss commented that she preferred Option lie" due to the suggested representation from the citizens at large. Mr. Desrochers suggested that independent (not directly affil i ated with the City) representatives woul d instill more confi dence in the plan to the Coastal Commission and others. MS (McCandl i ss!Moore) to submit Opti on "c" for composi ti on of membership to the board which would include 9 representatives. Chai rman Cox suggested as the publ ic heari ng is sti 11 in sessi on, that the motion might be out of order. Agency/Council Attorney Harron concurred that action must be taken after the public hearing is declared closed. There being no public testimony at this time, the public hearing was declared closed. Member Malcolm expressed concern that the committee can always be increased at a 1 ater date if we deci de more experti se is needed on the governi ng board. He questioned the prudence for the Council/Agency to make such a decision at this time. Di scussi on followed regardi ng members' concern that representati on on the board should be restricted to local resi dents. Community Development Director Desrochers suggested that the preamble for this board could state that membership would ~f C~ ~u~. ~~LreJi?/~~\~JIplY. MSC (McCandliss/Cox) to accept all changes to the specific pl an, i ncl udi ng Option "c" (9-member Bayfront Conservancy Trust Governi ng Board.) (The motion passed, 4-1; Malcolm opposed). Chairman Cox suggested that staff provide an integrated name for the "0" Street Fill area (for example, there appears to be no continuity regarding National City's street name designation [i.e. Harrison Street]). MSUC (Cox!Moore) ask staff to report back with a 1 i st of names recommended for streets i ncl udi ng change to "J" Street. "- ---- .- .--_.~~---- ~._.... -....... Redevelopment Agency Minutes -3- November 1, 1984 RESOLUTION NO. 540 - AUTHORIZING SUBMISSION OF IMPLEMENTATION PLAN TO THE CALIFORNIA COASTAL COMMISSION. RESOLUTION OFFERED BY MEMBER MALCOLM, the reading of the text was waived by unanimous consent, passed and adopted unanimously. ITEM NO. 3 - RESOLUTION NO. 541 - AUTHORIZING THE SUBMISSION OF PLANS TO THE STATE COASTAL COMMISSION FOR THE CONSTRUCTION OF A ROADWAY TO GUNPOWDER POINT It is now appropri ate to consi der the first phase of work for the Bayfront Project since the Land Use Plan has been approved and certified by the State Coastal Commi ssi on. A goal was set to open an interpret i ve center on Gunpowder Point in time for the City's 75th anniversary. In order to reach this goal, it will be necessary to begi n pl ans for publ i c access to the Poi nt. The pl ans as prepared by Rick Engi neeri ng are now ready to be reviewed by the Council/Agency and forwarded to the State Coastal Commission. In answer to Member Malcolm's question concerni ng submi tta 1 of worki ng drawings as soon as possible, Community Development Director Desrochers commented that staff will submit the 404 application as soon as possible. Member Malcolm left at this time, 7:55 p.m. Redevelopment Coordi nator Zegl er descri bed the engi neer' s conceptual plans regarding the roadway. Member McCandliss questioned the statement regarding possible chemical waste cleanup at Gunpowder Point. MSUC (McCandliss/Scott) have staff report back to the Agency/Council regarding the possible chemical waste cleanup on Gunpowder Point and how it is relevant to this issue. RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent, passed and adopted unanimously. Community Development Di rector De srochers indicated that staff is al so stu<\ying the design of the interpretive center relating to Member Malcolm's previous comments regarding the need to show good faith to the environmental communi ty. Chairman Cox remarked that it behooves the City to move forward expeditiously for the cleanup of Gunpowder Poi nt. It would benefit the City to work in conj uncti on wi th the property owner in removi ng the "red tag" buildi ngs, cement foundations, etc. MSUC (Cox!McCandliss) to ask staff to report back on what fundi ng requirements would be, who would have responsibilities (what is property owner willing to fund for cleanup?), whether there is a chance of seeking any funds from the Coastal Conservancy or any other funding source (i.e., Proposition 19) that would be available to begin work. -..----...---. --...-..-.... ----------- Redevelopment Agency Minutes -4- November 1, 1984 The joint Council/Agency meeting was adjourned at this time, with the Council recessing to follow the Agency agenda. The Redevelopment Agency convened at thi s time. ITEM NO.4 - REPORT: DEVELOPMENT OF RESIDENTIAL PARCEL 8 IN THE FOCUS AREA According to the Disposition and Development Agreement between the Agency and Centre City Associates, Limited-Commercial, the Agency must have accepted the plan to develop Parcel 8 of the Focus Area and construction must be underway by Ja nuary 1, 1985. At this time, the developer is proposing to enter into another partnershi p between himself and hi s partners and Pacific Scene Property, Inc. Community Development Director Desrochers informed members that due to a lack of quorum, the Town Centre Proj ect Area Committee meeting was cancelled. Therefore, no recommendation regarding this item could be given to the Agency at this time. Member Scott expressed concern that the proposal suggests low and moderate income housing for this site. In response, Mr. Desrochers remarked that such a project would be at the moderate end of the low and moderate income scale. If low and moderate income housi ng funds are util i zed for thi s proj ect, at the end of 10 years the uni ts coul d be converted to condomi ni urns. Mr. Desrochers clarified that originally thi s site was de s i gnated for mul ti- family units, and apartment/condominiums were not specified. Mr. Richard Zogob, General Partner, Centre City Associ ates, Limited, 315 Fourth Avenue, Chula Vista, explained that present units of the Parkwoods at the Village are not selling but they are renting. Some units are goi ng for as high as $550 a month with the larger units being rented at $650 a month. He noted that the proposed development could be a complement to the existing Parkwoods units. Mr. Zogob pointed out that a resale market does not exist in Chula Vista which is similar to the same type of market at the Embarcadero in Sa n Franci sco. Mr. Lewi s LaDou, Pacific Scene, Inc. , 1094 Cudahy Place, Suite 212, San Di ego, 92110 stated hi s fi rm has done a market study on the area and the units are definitely not for a 1 ow-i ncome project. In answer to Membe_r McCandl i ss' question, Mr. LaDou stated hi s firm is basically tryi ng to satisfy the needs of renter property uses in the City. Community Development Director Desrochers informed the Agency that the next regular scheduled Town Centre Project Area Committee meeting is in December. MSUC (Cox/Scott) to ask the Town Centre Project Area Committee to meet in speci al sessi on (before their next regularly scheduled meeting) to consider this proposal and come back with a recommendation to the Agency whereby staff should schedule this item in conjunction with a Council meeting in order to give the developer a prompt response. -.--"'-' - ---- - ----..- .--- -----~-_.__.._-,-,------ Redevelopment Agency Minutes -5- November 1, 1984 ITEM NO. 5 - RESOLUTION NO. 542 - APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND FRANK COOMBS FOR THE DEVELOPMENT OF A COMMERCIAL OFFICE BUILDING AT 236 THIRD AVENUE Mr. Frank Coombs has submitted plans for the construction of a 4,000 sq. ft. retail /office bui 1 di ng to be located at 236 Thi rd Avenue. The proj ect is exempt from environmental review and the Town Centre Design Review Committee recommends conditional approval. Chai rman Cox commented on the gaps between bui 1 di ngs specifically located near the Atlas Travel bui 1 di ng and asked if there is any way to requi re improvement plans that would include closing these gaps. The Chairman also discussed stipulation in the Owner Participation Agreements with the owners of properties affected by the alley improvement construction, that they agree to not protesti ng assessment di stricts in thei r area. Commu ni ty Deve 1 opme nt Director De srochers pointed out that this stipulation is part of the agreement as item 4 on page 2 of the agreement. MSUC (Cox!Moore) any space between proposed and adjacent buildings shall be covered at street level elevation unless prohibited by the Fire Code. Member Moore suggested a revi si on to paragraph 6 of the agreement regardi ng utilization of revenues for parking spaces. MSUC (Moore/Cox) amend item 6 of the Owner Particip,ation Agreement deleti ng "provide additional commercial parking spaces' and change to "expand and/or support the Parki ng District." RESOLUTION DFFERED BY CHAIRMAN COX, the readi ng of the text was wai ved by unanimous consent, passed and adopted unanimously. ITEM NO. 6 - REPORT: ASSUMABILITY OF COMMERCIAL REHABILITATION AND CHIP LOANS It has been the understanding of staff that loans made under the CHIP and commerci al rehabilitation loan programs would be assumable upon sale of the property or business. Several properties which have received loans have been sold and loans have been assumed. Staff has recently been informed through the Bank of America mai n branch office that CHIP and commerc ial loans will no longer be assumab 1 e. This pre se nts several probl ems in attracting redevelopers to Town Centre and may affect the conti nuance of low and moderate housing units in properties receiving rehabilitation assistance. Community Development Director Desrochers stated that the motivation for a developer to renovate hi s property wi th the low interest loan woul d provi de him with a debt coverage. Si nce renovation of structures would mean more business downtown, the Director felt that the developer should make a profit. ---_...,._._~.__._.,----_._-_.~--- Redevelopment Agency Minutes -6- November 1, 1984 In answer to Members' concerns, Development Specialist Kassman indicated that two new construction projects have been funded by commercial rehabil itation loans. The Town Centre Development Corporation has averaged three loans a year for a total of ni ne loans. A small percentage of those loans were for over $50,000. Mr. Tom Money, 355 Thi rd Avenue, Chul a Vi sta, remarked that assumabl e LDC loans are an i ncenti ve for developers to i nvol ve themsel ves in downtown redevelopment. He poi nted out that investors are needed in the downtown redevelopment area who can invest in the area and leave the area when they choose. Assumable loans provide this option. ITEM NO. 7 - REPORT: STATUS OF OTAY VALLEY ROAD REDEVELOPMENT PROJECT A status report was prepared regarding the proposed development of a 4D-acre parcel by Sammis Properties, activities of the Proj ect Area Commi ttee , proposed pre-zoning and annexation, and the County lawsuit. Community Development Di rector Desrochers reported that the Desi gn Review Committee approved the Sammis Propert i es development proposal this afternoon. In response to Member McCandliss' question, staff /devel oper have utilized Citywide guidelines for design and review of the subject plans. Mr. Desrochers added that the design guideli nes should be consi dered by the Project Area Committee at their meeting on November 12. Therefore, it is anticipated that the guidelines will be submitted to the Redevelopment Agency sometime in December after Planning Commission review. In answer to Member Moore's question, Agency Attorney Harron expl ai ned that as long as the County of San Di ego does not seek a writ, the Agency can proceed with development plans for the Otay Valley Road Project Area. Planni ng Di rector Krempl expl ai ned that the annex at ion resol uti on was fil ed wi th LAFCO early thi s summer. The Bonita Road Annexation was fil ed today wi th LAFCO. The Bradly Annexation will come to the Council on December 13. Exec ut i ve Director Goss reported that the noi se equipment has been in operation for over a month now. The proposed No i se Ordi nance will be heard by the Pl anni ng Commi ssi on on December 19. Staff, however, hopes to push this date up to December 5 so the Agency/Council can review it on December 17. Regardi ng purported violations by the Hyspan Preci sion Products firm, additional readings will be taken with new City equipment. At a meeting this afternoon wi th the Zoni ng Enforcement Officers, they reported that they had witnessed the source of the noise violation. Mr. A. W. Hall, 1675 Poi nt Reyes Court, Chula Vi sta, tol d the Agency that he would fully cooperate with the City if they wished to place equipment on his property. However, he did not believe that such sophisticated equipment was necessary. He discussed the need for some type of curfew to be placed on the operations at the fiyspan facil i ty due to the conti nuous noi se emanati ng from this structure at all hours of the night. ...- --+- _ .-...---,--.,- _._._-,-----_.----~._----- Redevelopment Agency Minutes -7- November 1, 1984 Di scussion followed regardi ng the police report taken as a re su 1 t of complaints made by Mr. Hall. Agency Attorney Harron stated that the statutes on noi se between the hours of 11 p.m. and 7 a.m. woul d be a prima fac i e violation. The police report conveyed to the City Attorney's office was referred to the Bui 1 di ng and Housi ng Department. At that time, the Enforcement Officer reported she had recei ved cooperation from Hyspan. Mr. Harron added that if this problem cannot be resolved administratively, however, then the Attorney's office would get involved. MS (McCandliss/Cox) to authorize the City Attorney to file action against IiY span to abate the noi se probl em. Member McCandliss pointed out that filing litigation against Hyspan would be the 1 ast resort. However, they should be made aware that the Redevelopment Agency is supportive of this action in order to solve the problem. Member Scott suggested that perhaps the motion should be reworded to show the seriousness of the problem without being too harsh. Member Moore suggested that consideration be given to a moratorium or curfew placed on the hours of operation of the plant. SUBSTITUTE MOTIDN DFFERED MSUC (Cox!Moore) direct City Attorney to meet with Mr. Heye (Hyspan) outl i ni ng exi sti ng problem from information assembl ed by the City Attorney and Zoning Enforcement Officer, discuss the various alternatives regardi ng actions the City could take (i.e. , curfew, moratorium, 1 ega 1 action) and report back to the City Council as soon as possible. Executive Director Goss indicated that the noi se equipment would be set up as early as next week, possibly Monday (November 5). MSUC (Cox!McCandliss) to accept the report. Community Development Director Desrochers reported that he will meet with Dr. Ramras, the County Publ ic Heal th Service Officer, tomorrow morni ng, along with other specialists in the field of infectious waste materials. They will discuss the potential health hazards claims in the Otay Valley area. DIRECTOR'S COMMENTS: None. CHAIRMAN'S REPORT: Chai rman Cox requested a Closed Session following the meeting to discuss matters of litigation. MSUC (Cox!McCandliss) adjourn to Closed Session for matters of litigation. .,___.__"..,.._ ....._, """'_"'U'___"_'___ Redevelopment Agency Minutes -8- November 1, 1984 MEMBERS' COMMENTS: None. ADJOURNMENT at 9:35 p.m. to Closed Sessi on and the mi d-month meeti ng of Thursday, November 15, 1984, at 4 p.m. The Recordi ng Secretary was excused and the Executive Director reported that Clos ion ended at 10:45 p.m. WPC 1296H - _._--.~._,_...._--- ... . -~,--_.,..__.__._.."~_._-------- -~