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HomeMy WebLinkAboutRDA Packet 2003/11/25 crlY OF CHULA VISTA TUESDAY, NOVEMBER 25, 2003 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY C )UNCIL OF THE CITY OF CHULA VlST CALL TO ORDER ROLL CALL Agency/Council Members Davis, McCann, Rindone, Salas; Chair/ ayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent ;alendar wil~ be enacted by the Agency/Council by one motion without discussion unless an Agency/Council member a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discusse ~fter Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - November 4, 2003 2. RESOLUTION OF THE CITY COUNCIL AND REDEVELOPI lENT AGENCY OF THE CITY OF CHULA VISTA AWARDING SPECIAL CONTRACT -'OR SITE CLEARING AT THE SOUTHWEST CORNER OF BAY BOULEVARD AI~ ) LAGOON DRIVE TO PENHALL CONTRACTORS FOR $82,100 PURSUANT ro THE SETTLEMENT AGREEMENT WTH THE RADOS BROTHERS AND APPROP ;IATING $82,100 FROM THE AVAILABLE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND BALANCE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNINGS ASSOCIATED WITH THE STIPULATED SETTLEMENT AGR !EMENT - The Goodrich Relocation Agreement, entered into by the Redevelopm ,nt Agency, San Diego Unified Port District and Goodrich in July 1999, includ ~d an obligation of the Agency to pursue acquisition and subsequent transfer of tt vacant property at the southwest corner of Bay Boulevard and Lagoon Drive 1 Goodrich. This item requests approval of the agreement to clear the site as re Jired by the Relocation Agreement in advance of transferring the property to Goo( ich. The contract with Penhall was contemplated by the settlement agreement :tween the Agency and Rados Brothers regarding the acquisition of the 'operty. [Community Development Director] ~,/5ths VOTE REQUIRED STAFF RECOMMENDATION: Council/Agency adopt the olution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency/City Council on any subject matter within the Agency/Council's jurisdiction that is not an item on this agenda. (State law. however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Agency/Council on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. 3. DIRECTOR/CITY MANAGER'S REPORT(S) 4. CHAIR/MAYOR REPORTlS) 5. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to an adjourned meeting of the Redevelopment Agency on December 9, 2003, at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. AMERICANS WITH DISABilITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, andlor participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, November 25, 2003 Page 2 ..,.. .~~ MINUTES OF AN ADJOURNED REGULAR MEETING OF TH ~ CITY COUNCIL AND A REGULAR MEETING OF THE REDEVELOPME 4T AGENCY OF THE CITY OF CHULA VISTA November 4, 2003 4:00 p.m. An Adjourned Regular Meeting of the City Council and a R '.gular Meeting of the Redevelopment Agency of the City of Chula Vista were called to c der at 5:24 p.m. in the Council Chambers, located in the Public Services Building, 276 Fora Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McC n, Rindone, Salas, and Chair/Mayo Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager ~ ~wlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR 1. APPROVAL OF MINUTES - September 30, 2003; October 14, ~.003 Staffrecommendation: Council 2. REPORT TO THE CITY COUNCIL AND THE REDEVEL( PMENT AGENCY OF THE CITY OF CHULA VISTA ON OUTDO0] STORAGE, AND RECOMMENDATION TO DIRECT STAFF TO DEV[ ~,OP AN OUTDOOR STORAGE STRATEGY CONSISTENT WITH THE FiND NGS THEREIN, AND INCLUDING A COMMUNITY OUTREACH AND PARTICIP iTION COMPONENT On May 29, 2001, the Council adopted an ordinance as an int, dm measure prohibiting new outdoor storage uses and the expansion of existing out~ aor storage uses in the redevelopment project areas and directing staff to conduct ti ,~ necessary studies and develop appropriate policies to address outdoor storage uses md their impacts. The interim ordinance was subsequently extended for two years to al ~w the necessary studies and analyses to be completed and to allow for adequate publi~ participation and input. The report summarizes the findings and recommendations res~ lting from these studies and consultation with City departments, consultants, and )mmunity stakeholders. (Community Development Director) Staff recommendation: Council/Agency accept the report. ACTION: Chair/Mayor Padilla moved to approve staff's recomm ~dations and offered the Consent Calendar, headings read, texts waived. The mot )n carried 5-0. /-t ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. COUNCIL RESOLUTION NO. 2003-460 AND AGENCY Rt gOLUTION NO. 1848, RESOLUTION OF THE CITY COUNCIL AND THE REDE¥ ~LOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE EXCL ISIVE NEGOTIATING AGREEMENT WITH KAMPGROUND ENTERPRISES, IN( ORPORATED FOR A PERIOD OF ONE YEAR, WITH AN OPTION FOR A SIX MONTH EXTENSION FOR DEVELOPMENT OF A TOURNAMENT SOCCER Ft 2ILITY AND LODGE ON APPROXIMATELY 38 ACRES IN THE LOWER SWEET' 'ATER VALLEY The owners of the KOA campground, on Second Avenue ir the Lower Sweetwater Valley, are proposing to expand the existing campground and ~ develop a tournament soccer facility and hotel/lodge. Approval of an exclusive negc iating agreement would provide a timeframe within which to obtain stakeholder inv lvement and to plan a development proposal. (Community Development Director) Agency/Councilmember Davis announced that she would abstain from [iscussion and voting on the item due to her receipt of income from KOA representative ike Bell. She left the Chambers at 5:26 p.m. Senior Community Development Specialist Beard presented the px ,isions of the proposed exclusive negotiating agreement with Kampground Enterprises Incorpo~ [ted. ACTION: Agency/Councilmember McCann offered Council Reso ~tion No. 2003-460 and Agency Resolution No. 1848, heading read, text waived. The motion carded 4-0- 1, with Agency/Councilmember Davis abstaining. Agency/Councilmember Davis returned to the dais at 5:31 p.m. 4. REPORT ON THE PROGRESS OF REVIEW O] REDEVELOPMENT ORGANIZATIONAL STRUCTURES Last year, a group of Chula Vista business leaders formed an ~ ganization known as the Chula Vista Urban Development Committee (UDC) for the urpose of exploring the benefits of creating a public-private redevelopment corporati, x for Chula Vista. The UDC hired a consultant, Keyser Marston Associates, Incorpor.' ed (KMA), to prepare a study to examine alternative redevelopment management struct~ res and to provide to the Council its recommendation on a preferred redevelopment stru, ture. On May 13, 2003, staff provided an update report to the Agency/Council, recom lending that the Council direct staff to cooperate with KMA on the study. During discus ion, the Council directed staff to work with the UDC consultant and to coordinate a fut re Council workshop on this issue. (Community Development Director) Page 2 Council/RDA Minutes 11/04/03 ACTION ITEMS (Continued) Community Development Director Madigan stated that the proposed sc~ ~e of work provides for a review of the UDC study and the provision of specific, re~ mmended, alternative redevelopment structures for Council consideration. Chair/Mayor Padilla stated that a Council subcommittee, City staff, the :onsultants and invited members of the UDC should participate as part of the future working g~ ~up. He also stated that the structural goals ultimately must be determined and set by the A ,,ency Board. He then referenced page 4-6 of the report, stating that while the questions we e legitimate, they were premature for the work program at this stage, since it was important n, t to restrict the Agency Board by putting too much detail in the work program up front. It ~ould be appropriate to address the questions after discussing other structures and their pro,and cons; and after a decision has been made on options to study subsequent to Counci~and public input at a community workshop. H Agency/Councilmember Davis felt that since the City is expending: rods for the study, the consultants should provide a complete examination of all the item~ Chair/Mayor Padilla responded that the point is more regarding the sequencing of what is to be examined by the group, and that it was important not to go too broad too soon and squand r money unnecessarily. Agency/Councilmember Rindone asked if a timeline had been est blished for the public workshops. Community Development Director Madigan replied that tte workshops should be held either prior to the end of the 2003 calendar year or in early January 004. Agency/Cotmcilmember Davis applauded the Chula Vista business lear ~rs who collectively put the plan together, and she expressed her pleasure with their commitmen to the betterment of the City. ACTION: Chair/Mayor Padilla moved to accept the report and apt rove the scope of work, with the caveat that 1) structural goals have to be set by t e Agency Board; and 2) regarding the scope of work, the basic questions must >e answered in a clear, logical sequence as to how to go about the study, and t! ~ Agency should not be restricted by placing too much detail in the wc 'k program up front. Agency/Councilmember McCarm seconded the motion, atd it carded 5-0. 5. RESOLUTION OF THE REDEVELOPMENT AGENCY OF 'HE CITY OF CHULA VISTA AUTHORIZiNG TRANSMITTAL OF THE PRELIIV NARY REPORT FOR THE 2003 AMENDMENT TO THE MERGED CHULA VIS~ A REDEVELOPMENT PROJECT AREA TO AFFECTED TAXING AGENCIES, A]~ ) DIRECTING STAFF TO TRANSMIT THE REPORT TO SAME AS REQUIRED BY LAW In November 2002, the Redevelopment Agency initiated th~ process to amend the Merged Chula Vista Redevelopment Plan to facilitate extensk ~ of redevelopment and economic development tools throughout commercial and indus 'ial areas in the western portion of the City. As part of the 2003 amendment process, the Redevelopment Agency is required by California community redevelopment law to prep~ 'e and submit to affected taxing agencies a preliminary report that describes the reasons: ~r the 2003 amendment, describes the physical and economic conditions in the added are~ determines whether the Page 3 CounciVRDA Minutes / -- ~ 11/04/03 ACTION ITEMS (Continued) added area is predominantly urbanized as defined by law, p~ ~liminarily assesses the proposed method of financing redevelopment, and describes the ~rojects proposed by the Agency and how such projects would alleviate blight in the a~ ded area. (Community Development Director). At the request of staff, this item was removed from the agenda and conti ued indefinitely. OTHER BUSINESS 6. DIRECTOR/CITY MANAGER REPORTS There were none. 7. CHAIR/MAYOR REPORTS There were none. 8. AGENCY/COUNCIL COMMENTS There were none. CLOSED SESSION Chair/Mayor Padilla announced that Closed Session was cancelled, and he following items were not discussed: 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - >ursuant to Government Code Section 54956.8 Property: Assessor Parcel No. 624-060-450( (5 acres net usable land) located on Main Street immediatel ' east of 1-805 Negotiating Parties: Laurie Madigan, Elizabeth Wagne Hull, and Linda Bartz (Agency/City) Leondard Tessier (Property Owne: i Under Negotiation: Instructions to negotiators price ar I terms for acquisition 10. CONFERENCE WITH LEGAL COUNSEL REGARDI ~G iNITIATION OF LITIGATION - Pursuant to Government Code Section 54956.9, :) One case ADJOURNMENT At 5:46 p.m., Chair/Mayor Padilla adjourned the meeting to the [¢gular Meeting of the Redevelopment Agency on November 18, 2003, at 6:00 p.m., immec ately following the City Council meeting. Susan Bige ~w, CMC, City Clerk Page 4 Council/RDA Minutes / '" t'P/ 11/04/03 PAG 1, ITEM NO.: c~ ' i~Ti~iiTE: 11/25/03 JOINT REDEVELOPMENT AGENCY / CITY AGENDA STATEMENT ITEM TITLE: JOINT AGENCY/COUNCIL RESOLUTION AWARDING SPECIAL CONTRACT FOR SITE CLEARING AT THE SC UTHWEST CORNER OF BAY BOULEVARD AND LAGOON ! RIVE TO PENHALL CONTRACTORS FOR $82,100 PURSUANT TO THE SETTLEMENT AGREEMENT WTH THE RADOS BROTHERS AND APPROPRIATING $82,100 FROM THE AVAILABLE BAYFR4 ~NT/TOWN CENTRE I PROJECT AREA FUND BALANCE BASED ON UNANTICIPATED REVENUE FROM THE INTEREST EARNINGS LSSOCIATED WITH THE STIPULATED SETTLEMENT AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT~/~ DIRECTOR ~ ~ ~/~ REVIEWED BY: EXECUTIVE DIRECTOR ~ 4/STHS VC E: YES ~ NO BACKGROUND The Goodrich Relocation Agreement entered into by the City of Chula Vis ~ Redevelopment Agency, the San Diego Unified Port Distrid, and Goodrich in July of 1999 inch Jed an obligation of the Agency to pursue acquisition, and if acquired, to transfer 3.02 acres of F irately owned property at the southwest corner of Bay Boulevard and Lagoon Drive ("F" Street) to Goodrich for inclusion in their new corporate campus nodh of 'H" Street. The property was ownec by an absentee landlord, the Rados Brothers, and had not been used for over ten years. At f e time of the Relocation Agreement, since the properly owner was unwilling fo sell the property ~ ~lunfarily at a reasonable price, the Agency was forced to pursue acquisition of the properly by ~minenf domain. As the Agency knows, after protracted litigation, the Agency has since acquire I the p, roperty through a Stipulated Settlement Agreement. The settlement contemplated the ~gency s use of Penhall contradors to complete demolition and removal of on-site improvements ~d rough grading. The purpose of this item is to request that the Redevelopment Agency Boc J approve the agreement for clearing the site as contemplated by the Rados settlement and r~ tuired by the Relocation Agreement in advance of transferring the properly to Goodrich. RECOMMENDATION Approve the resolution awarding the site clearing contract to Penha for the lump sum bid amount of $82,100, authorize the work to commence, and appropriate $82,100 for the contract payment based on unanticipated revenue from the interest earni gs associated with the 2, ITEM NO.: c~ DATE: 1 ~/25/03 Stipulated Sefllement Agreement and amending the Bayfront/Town Ce re I budget by increasing supply and services expenditures by $82,100. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. The City of Chula Vista Redevelopment Agency, the San Diego Unified F ~rt District, and Goodrich entered into the Goodrich Relocation Agreement in July of 1999. Thc agreement included an obligation of the City/Agency to pursue acquisition of the privately-, wned 3.02 acre vacant parcel located at the southwest corner of Bay and Lagoon Drive ('F" SJ eet) and to subsequently transfer the property to Goodrich for inclusion in their new corporate ca~ ~us north of 'H' Street. Pursuant to Section 3.2.2 of the Relocation Agreement, the Agency is ~onsible for delivering the property to Goodrich free and clear of all foundations, slabs, an~ debris, and in a rough graded condition. The cost for that work was a material element of ti'; settlement negotiations with the properly owner and the litigation team. The City's properly ~ ~praiser Lipman Stevens Marshall & Thene estimated the cost to clear and grade the property at pproximately $125,000. The property owner obtained an offer to complete the work for $; 3,000 from the Penhall contracting company. As a result of the sefi'lement negotiations, a si: ;cial demolition contract was secured with Penhall to provide the necessary demolition and site c~ ading services. In order to accommodate some additional storm water run-off work and on-sit cement processing, the contract was recently modified with a net increase in cost of $9,100. ,~; reported in the April 1, 2003, Agenda Statement authorizing the Sefflement Agreement, staff ~dicated that the cost of demolition would be in addition to the cost of acquiring the property, b t that the additional cost would be off-set by interest earnings of approximately $147,000 from ~nds originally deposited with the Superior Court. Penhall has provided a signed Work Proposal that indicates they c ~ perfo, rm the work for $82,100. The contract is being awarded on a modified version of ~e Citys standard form. Because the contract was part of the Settlement Agreement it was not fo nally bid. Penhall is one of the largest demolition contractors in the United States. It operates 31 offices in 17 states and has annual revenue exceeding $170 million. The company has complc ed many projects in San Diego County for both private and public entities. The City's Engi ~eering Department will administer the site clearing contract with Penhall. The work is anticipat, d to take 30 days. Staff is currently coordinating with Goodrich in preparing the property transfi ' agreement in order for the property transfer to occur following completion of the site clearing acivities. The process involves demolition and on-site processing of the exis~ ~g concrete foundation material. This proposal would result in a significant reduction of der olition material hauling trucks that would otherwise have to transport the materials to a re~ ~cling batch plant, thus contributing to a reduction in air quality impacts. The Environmental Review Coordinator has PAG 3, ITEM NO.: ~ · 'ETING DATE: 1 '1/25/03 reviewed the proposed project for compliance with the California vironmental Quality Act (CEQA) and has determined that the proposed project/activity was equately covered in the previously adopted Mitigated Negative Declaration IS-99-21. Thus, o further environmental review or documentation is necessary. FISCAL IMPACT Approval of this resolution will authorize the site clearing and grading /ark to be performed by Penhall in the amount of $82,100. The cost for the contract obligation will be fully offset by the interest that accrued in the court's account during the pendency of the sE tlement action. J:\COMMDEV~STAFF.REP\I 1-25-03\Bay Boulevard Site Clearing 11 14 03.doc AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE RED iVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AWARDING SPEClt _ CONTRACT FOR SITE CLEARING AT THE SOUTHWEST CORNER OF BA~ BOULEVARD AND LAGOON DRIVE TO PENHALL CONTRACTORS 'OR $82,100 PURSUANT TO THE SETTLEMENT AGREEMENT WITH THE RADOS BROTHERS AND APPROPRIATING $82,100 FROM TH~ AVAILABLE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND BALAN( E BASED ON UNANTICIPATED REVENUE FROM INTEREST EARNINGI ASSOCIATED WITH THE SETTLEMENT AGREEMENT WHEREAS, the Goodrich Relocation Agreement obligated the City/Ag~ icy to pursue acquisition and subsequent transfer of the property at the southwest corner of Bay Boulevard; nd Lagoon Drive to Goodrich for inclusion in their new corporate campus north of "H" Street; and WHEREAS, the Agency is responsible for ensuring that the property transferred to Goodrich with all improvements demolished and in a rough graded condition; and WHEREAS, on March 20, 2003, in a Superior Court hearing, the City as granted possession of the property through a Stipulated Settlement Agreement; and WHEREAS, as a result of the settlement negotiations, a special der olition contract was secured with Penhall in the amount of $82,100 to provide the necessary demolition and ]rading services; and WHEREAS, Penhall is one of the largest demolition contractors ir the United States and has completed many projects in San Diego for both public and private entities; and WHEREAS, the forthcoming interest that accrued in the court's accou during the pendency of the settlement action will be used to fund the contract obligation. WHEREAS, the Environmental Review Coordinator has reviewe~ the proposed project for compliance with the California Environmental Quality Act (CEQA) and has termined that the proposed project/activity was adequately covered in the previously adopted Mitigated ~gative Declaration IS-99-21. Thus, no further environmental review or documentation is necessary. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency the City of Chula Vista does hereby award a special contract for site clearing at the southwest corner of Ba~ Boulevard and Lagoon Drive to Penhall Contractors for $82,100 pursuant to the Settlement Agreement ~ ith the Rados Brothers and appropriate $82,100 from the Bayfront/l'own Centre I Project Area Fund ~ Account No. 61120-6401 [Bayfront Contract Services] for that purpose based on unanticipated rev nue from interest earnings associated with the Settlement Agreement. BE IT FURTHER RESOLVED, the Chairman is authorized to execute the ¢ ~ntract on the terms presented in a final form approved by the Agency Attorney. Presented by Approved as to form Laurie A. Madigan A~n Moore ; "~ Director of Community Development Cl~ Attorney and Age cy CQunse~l J:\COMMDEWRESOS'~Bay Boulevard Site Clearing.doc