HomeMy WebLinkAboutrda min 1989/02/02 MINUTES OF A SPECIAL JOINT MEETING OF THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA
Thursday, February 2, 1989 Council Chambers
7:00 p.m. Public Services Buildinq
ROLL CALL
MEMBERS PRESENT: Chairman Cox; Members McCandliss, Nader, Malcolm and
Moore
MEMBERS ABSENT: None
STAFF PRESENT: Assistant City Manager Asmus, Acting Community
Development Director Gustafson, Redevelopment
Coordinator Kassman, City Attorney Harron
1. REPORT FROM THE CITY COUNCIL LEGISLATIVE SUBCOMMITTEE REGARDING
RECOMMENDATIONS FOR A LEGISLATIVE LOBBYIST
In November 1988, the City of Chula Vista solicited bids from qualified firms
for legislative representation in Sacramento for the 1989-90 legislative
session. The Council/Agency was to interview Mr. D. BrOwn representing
Advocation, Inc. Unfortunately, Mr. BrOwn was unable to be present.
The Council/Agency did not meet on this item and it is to be rescheduled~
***THE REDEVELOPMENT AGENCY MEETING BEGAN AT 7:00 P.M. IN THE COUNCIL
CHAMBERS***
2. APPROVAL OF MINUTES - 12/15/88, 1/12/89 and 1/19/89
MSUC {Moore/Cox) approve the minutes of 12/15/88, 1/12/89 and 1/19/89 {Member
McCandliss abstained from voting on the minutes of 12/15/89; Member Malcolm
abstained from voting on the minutes of 1/12/89; and Chairman Cox abstained
from voting on the minutes of 1/19/89 due to absences from the meetings.)
3. SPECIAL ORDERS OF THE DAY
a. Presentation by Dr. Robert Penner, Chula Vista Port Commissioner, San
Diego Unified Port District
Commissioner Robert Penner distributed copies of his report to Agency
members. He reported on those funding actions for events or services which
were approved by the Port District that pertained to Chula Vista.
(1) The South San Diego Bay Winterfest and Boat Parade - $10,000.
{2) Funding summer concert at Marina Park - $17,500.
{3) Twelfth Annual Agreement for grounds and comfort station maintenance
at Marina Bayside Park - $177,160.
{4) Agreement for police services on Port property located in Chula Vista
- $81,900.
Redevelopment Agency Minutes -2- February 2, 1989
Administrative actions included: (1) consented to two subleases involving
buildings currently operational at the Marina-RV Park; (2) rental review with
Rohr Industries was completed and the new lease was adopted covering a
ten-year period from June 1, 1989 to May 31, 1999; (3) consented to subleasing
22,000 sq. ft. of land originally leased at Marina/RV Park for restaurant
development; and (4) consent to a two year extension of construction time
deadline for Southwest Marine to complete their boat yard marina.
Commissioner Penner further reported on construction - maintenance projects.
(1) Grading of the land site adjacent to Quay Avenue - $15,050.
(2) Refurbishing of the comfort station at the Marina - $2,573.
(3) A major decision regarding the excursion boat berthing facility
involved the depth of the channel. It will be dredged to 16 feet -
$887,892.
(4)Approved bids for a comfort station at the terminus of the excursion
boat berthing facility.
(5) Issued Coastal Development Permit for California Yacht Marina; the
Port District will pay 68% of the cost of construction ($762,.000 in
the form of rental credits) to stabilize the wall (dredging
approaching the revetments could be destabilizing to the walls).
(6)A detachment of Harbor Police is now located permanently in the
Marina.
Commissioner Penner stated that the San Diego Bay Development Study, scope of
work and estimate of $96,000 was approved. Finally, as of 12/31/88, the Port
has expended $2577500 in preparation for the America's Cup.
CONSENT CALENDAR (Items 4 through 10)
Items 6, 7, 9 and l0 were pulled from the Consent Calendar
CONSENT CALENDAR ITEMS 4, 5 AND 8 WERE OFFERED BY MEMBER NADER, the reading of
the text was waived by unanimous consent, passed and approved unanimously.
4. RESOLUTION 983 AUTHORIZING THE AGREEMENT WITH JHK & ASSOCIATES FOR THE
PROVISION OF TRAFFIC CONSULTING SERVICES FOR THE BAYFRONT
PLANNING AREA AND APPROPRIATING FUNDS THEREFOR
In a report to the Agency on December 15, 1988, the need to retain a traffic
consultant to assist the City Traffic Engineer in evaluating traffic issues
raised by the proposed modifications to the Bayfront Local Coastal Program was
identified. It was recommended that JHK & Associates be retained to advise
the Agency on the traffic and circulation issues related to the proposed
Midbayfront development.
Redevelopment Agency Minutes -3- February 2, 1989
5. RESOLUTION 984 ISSUING A CERTIFICATE OF COMPLETION FOR CONSTRUCTION OF
SOUP EXCHANGE RESTAURANT AT 285 BAY BOULEVARD
In accordance with the Disposition and Development Agreement IDDA) between Bay
Boulevard Development and the Redevelopment Agency, Bay Boulevard Development
requested that the Agency issue a Certificate of Completion for the Soup
Exchange Restaurant located at 285 Bay Boulevard. All line departments
reviewed their records and found that the developer met their department's
requirements for the project and requirements of the DDA.
8. RESOLUTION 985 ADOPTING NEGATIVE DECLARATION IS-89-54 AND ACCEPTING THE
GRANT DEED FOR THE PROPERTY LOCATED AT 311 "F" STREET
WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA
The Agency recently acquired properties located at 281-287 Landis Avenue for
the purpose of expanding a public parking lot. The owners of the adjacent
parcels to the south, 311 F Street, offered to sell the Agency the rear
portion of their property which is currently used as parking. Purchase of
this property will enable the Agency to further expand the existing parking
lot along Landis Avenue to the rear of the buildings fronting on F Street. In
order to close escrow and complete the acquisition, the Agency was required to
accept the deed for the property. A negative declaration was issued for the
acquisition of this property and development as a public parking lot.
END OF CONSENT CALENDAR
ll. ORAL COMMUNICATIONS - None.
PULLED ITEMS
6. REPORT ON THE STATUS OF THE DESIGN OF THE 1-5/E STREET SOUTHBOUND ON- AND
OFF-RAMPS
On January ll, 1989, City and Agency staff members met with CalTrans design
engineers to discuss the status of the E Street/I-5 southbound on- and
off-ramps. At that meeting CalTrans engineers agreed to finalize the design
of the southbound off-ramp which included the modification originally
requested by the Agency. With that modification, the I-5 southbound off-ramp
would terminate at Bay Boulevard and traffic could either go north or south
onto Bay Boulevard. A modification in the design was requested so that the
Merziotis parcel could be served from Bay Boulevard. It was recommended that
the Agency direct staff to request that CalTrans modify the design of the I-5
southbound on- and off-ramps so that an acceptable level of service can be
assured when the Midbayfront area is built out inclusive of the Merziotis
parcel.
Responding to Member Moore's questions, Principal Community Development
Specialist Putnam stated CalTrans has been contacted and they have agreed to
the modifications. The new property owner and his traffic engineer received a
copy of the proposed modifications and because it improves the traffic
circulation, they are in support of it.
Redevelopment Agency Minutes -4- February 2, 1989
MSUC (Moore/Malcolm) accept the report.
Chairman Cox asked when the Agency will be receiving the referral on the
ne§otiating agreement for the remaining portion of this parcel. Redevelopment
Coordinator Kassman stated it is expected this will be brought back to the
Agency at the next meeting.
7. RESOLUTIOI~ 986 APPROVING AN AGREEMENT WITH DAYS OF THE WEST, INC. (DAYS
INN MOTEL) FOR THE TEMPORARY USE OF A PORTION OF THE
RIGHT-OF-WAY OF BAY BOULEVARD FOR OVERNIGHT TRUCK PARKING.
Trucks have been parking overnight along Bay Boulevard between E and F
Streets. These trucks belong to truck drivers staying at the Days Inn Motel
(225 Bay Boulevard). The motel does not provide parking for trucks on site
and there are no facilities in Chula Vista where trucks can legally be parked
overnight, off-street. It was recommended that the Agency adopt the
resolution and allow Days Inn to use a part of the right-of-way of Bay
Boulevard immediately north of the Nature Center parking lot on an interim
basis for overnight truck parking, and that the Agency approve an agreement
with Days Inn whereby Days Inn will maintain the site and indemnify t~e Agency
from all liabilities associated with the use of this site.
Member Moore stated he has no objection to the staff recommendation. He
commented this has been a problem in the City for years. Something needs to
be done to locate a site for trucks or trailers to meet this need.
Member McCandliss noted concern that this site (north of the Nature Center
parking lot) is the entryway to the City. Unless the trucks are encouraged to
park in an orderly manner, there is the possibility that trucks could get off
the roadway and park however they want to. In looking through the agreement,
she did not see any requirements on how the trucks are to be parked. Mr.
~assman stated it is his understanding in talking with Days Inn that the
trucks will be parked in the right-of-way of the road. He stated staff can
work out some means to police this and make sure the trucks park in the paved
areas.
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by
unanimous consent.
Chairman Cox questioned if other hotel/motel operators in the City have been
made aware of the fact that there may be a willingness to make this site
available for truck parking on an interim basis. Mr. Kassman stated no other
hotel/motel operators in the area have been approached regarding this matter.
Member McCandliss commented she is not comfortable in voting on this matter at
this time. She feels the issues raised still need to be addressed (making
sure the trucks park in an orderly manner on the paved area and the potential
use by other hotel/motels).
Redevelopment Agency Minutes -5- February 2, 1989
Member Malcolm stated he would be comfortable in voting for this matter if a
letter is sent to Days Inn notifying them that this is strictly a very
temporary use and the day will come when trucks will not be allowed in this
area at all.
Mr. Kassman stated it is expected that the CalTrans off-ramp will go under
construction later this year. The construction of the off-ramp would trigger
the closing of Bay Boulevard so the solution being proposed is very
temporary. Staff has indicated they would work with Days Inn to try and
locate a permanent solution. What is before the Agency is a lease with Days
Inn and the use of that area by other motels/hotels would require some kind of
reciprocity from Days Inn.
The resolution passed and was approved. IThe vote was 3-2; Members McCandliss
and Nader opposed.)
MSC (Cox/Malcolm) staff to contact other motel owners and inform them of what
the Agency is doing with regard to truck parking for the Days Inn on a short
term basis; make the other motel owners aware of the situation to see if they
have any needs or utilization of this property under similar circumstances.
(The vote was 3-2: Members McCandliss and Nader opposed.)
9. REPORT: DEVELOPMENT PROPOSALS FOR THE NORTHEAST CORNER OF FIFTH .AVENUE
AND H STREET
The northeast corner of Fifth Avenue and "H" Street, comprising approximately
8 acres, has recently been incorporated into the Town Centre II Redevel'opment
Project Area. Three development groups are interested in redeveloping the
site. They requested Agency assistance because of the multiple layers of
ownership and leasehold interests which complicate site assembly. The Agency
was requested to review the proposals, indicate preference for support and
authorize the preparation of an exclusive negotiation agreement.
Stephen P. Delaney representing TopMark, Inc., one of the proposals submitted,
addressed the Agency. TopMark became interested in the Chula Vista downtown
area when a subcommittee of the City Council asked TopMark to participate in a
meeting with senior citizen groups concerning the lack of a supermarket in the
downto~m area. TopMark did research in this regard and came away from the
research believing that there is a void in the downtown area for a supermarket
and it would be a viable development. TopMark did a lot of research and
narrowed the choice for a site to the property at 5th and H Street. They
worked with Paul Desrochers, former Community Development Director. TopMark
was asked not to contact the property owner or the ground lessee because of
the possibility that the hospital would be expanding. TopMark submitted their
proposal in very general terms to find out the direction of the Redevelopment
Agency. They did not know at the time of submitting the proposal that the
hospital had gone beyond studies and were actually going to submit a
proposal. They did not know that Champion Development was getting control of
the ground lease. Knowing those two circumstances, TopMark offered to put
their proposal "on the back burner." Because of their knowledge of the
property, TopMark offered their assistance in the decision process.
Redevelopment Agency Minutes -6- February 2, 1989
Mr. Kassman reported that the subject parcel was incorporated into the Town
Centre II Redevelopment Project Area partly to protect the Agency's investment
in the Chula Vista Center, to improve the area surrounding the center, and
primarily at that time the thought was that it would be a good site for a
supermarket in the downtown area in conjunction with what was thought would be
the relocation of the Vons supermarket. Several groups have expresesd
interest in this site including TopMark, Champion Development, and Scripps
Hospital. In reviewing the proposals, staff was prepared to recommend the
hospital's proposal as being the most beneficial to the City of Chula Vista.
The reasons are that the hospital brings a complete delivery of health
services which enhances the image of the City as a full service urban center
and helps to provide services not only to the citizens of Chula Vista but to
the citizens of the South Bay. Also, the hospital brings to the downtown area
greater professional job opportunities and perhaps will help to attract new
residents to the area. Finally, both the hospital and the shopping center
proposal will have great impacts on the traffic movement patterns in the
area. However, as far as the initial analysis is concerned, the hospital
proposal seemed to impact the traffic in the area to a lesser degree than a
shopping center will.
Mr. Kassman further noted that there are not many sites in the downtown area
which can accommodate a supermarket and this is certainly the primary site and
may be the only site that comes available in the near future. A number of
citizens in the area have expressed a strong desire to have a supermarket
located in that area. The Project Area Committee stated their interest was
more toward commercial redevelopment of this site than for the hospital
expansion. The PAC also recommended that the Agency and staff have more time
to consider the proposals and review additional information which might be
pertinent. They recommended that staff specifically investigate the
possibility of the hospital expanding to the east and also to the north along
Fourth Avenue, as an alternative to expanding on the proposed site.
Member McCandliss referred to a letter received by the Agency from the
Community Advisory Board of Scripps Memorial Hospital. She noted she is a
member of the Advisory Board, however, she abstained from the Board's action
on the letter other than to highlight the fact to the group that there are
some legitimate competing interests regarding this site that they needed to be
aware of.
Member McCandliss asked if alternative sites for a supermarket have been
identified in the downtown area. Mr. Kassman responded no specific sites are
available at this time. Alternative sites have been looked for in the past,
however, the cost of acquisition and relocation were exorbitant. There are
not other sites in the downtown area that he is aware of that are of the size
and suitable location that would accommodate a major supermarket.
Member Malcolm pointed out there are a number of questions that he would still
like to see addressed such as how much land must the hospital have to use;
what kind of uses is the hospital planning on putting on the land; are they
uses that have to be next to the hospital or are they medical office buildings
that could be located elsewhere; is there going to be room to be able to
Redevelopment Agency Minutes -7- February 2, 1989
expand the care facilities and be able to have a grocery store and youth
facilities still included. He would hope that both entities can be
accommodated if it is done and planned properly. Member Malcolm further
commented he felt it may have been more appropriate to have the supermarket
subcommittee (Members Malcolm and Nader) involved in the process in reviewing
these proposals.
Member Nader concurred with Member Malcolm's comments. He noted particular
concern that the subcommittee was not consulted in the process of this item
coming before the Agency. Also of concern is that this is one of the few
areas in the City with a group of youth serving entertainment facilities. He
wants to know what would be done with these facilities. He also does not see
the the grocery needs of downtown Chula Vista addressed in the staff report.
Chairman Cox noted there were three letters that the Agency received at this
meeting. One letter from Robert Steiner, Vice Chairman of the Community
Advisory Board for Scripps Memorial Hospital; a letter from the Law Offices of
Michael A. Clark representing one of lessees at this site; and a letter from
Champion Development Company proposing another alternative.
Jeff Bills representing Scripps Memorial Hospital gave a slide presentation.
Mr. Bills pointed out Scripps has been a part of this community for three
years. In June of 1986, the hospital then called Bay Nospital, was losing
about $250,000 a month. Since that time, Scripps has been able to turn that
financial picture around. Since that time, Scripps has purchased over $4
million in new equipment for the facility; spent over $1 million refurbishing
the hospital; also added needed new programs such as the new neo-natal care
nursery.
Mr. Bills further noted that in the last three years the hospital has
continued to grow in a positive manner. There are now 700 employees. In
terms of utilization Scripps is over-utilized and lack capacity in their
facility. They transfer as many as 75 patients a month to other facilities
because they are at capacity. The hospital has approximately ll,O00
admissions every year. It is projected there will be 36,000 emergency room
visits for this year. They deliver between 380-400 babies every month.
Mr. Bills stated the need to correct their facility is the most important
thing identified by all parties associated with the hospital. An additional
major problem with the facility is that 40% of all patients who require
in-patient hospitalization bypass the Chula Vista community and go to other
hospitals outside the community for care.
Mr. Bills pointed out the emergency department at the hospital is at
capacity. It cannot in its present confinement handle more patients. With
the news of other emergency facilities that are not able to stay open, the
need to be able to care for more becomes even more imperative. This is also
true of the radiology department, laboratory and all other support areas of
the hospital.
Redevelopment Agency Minutes -8- February 2, 1989
The Master Plan for expansion of the hospital includes three key components.
First, the parking structure; additionally the hospital expansion and
renovation plan which includes the expansion of the hospital's in-patient and
out-patient facilities and addressing capacity; also, the need to address the
medical office building needs of physicians in this community.
Mr. Jim Leary, Brown-Leary Architects, representing Scripps Hospital, pointed
out the existing site is approximately 4 acres; the existing facility
represents 159 licensed beds. There is a phenomenal volume coming out of a
very small facility. He stated it is important to note that the hospital is
land-locked.
Mr. Leary noted an external problem that exists is the traffic congestion on H
Street and on Fourth Avenue. One of the advantages the hospital can offer is
the ability to work with neighbors in developing a cohesive medical complex.
They can most effectively do that with the redevelopment site wherein they can
help the school solve certain problems, namely fire access, additional science
classrooms, and access to G Street. Additionally, the hospital can help the
school with certain drainage problems that they have. Further, because the
medical office buildings that exist along Fourth Avenue, although not )wried by
Scripps, fall under the "medical complex" there are certain internal things
Scripps can do as master planner that couldn't be done as a series of
disparate type uses.
Mr. Ames Early, representing Scripps Memorial Hospital, addressed the Agency.
He stated Scripps has worked hard on their commitment to the health care needs
of this community. They want to continue to develop the hospital to meet the
needs of the community over the long term. They cannot do this without an
ability to expand the current facility. The only workable direction for this
expansion is to the west.
Responding to questions, Mr. Bills stated discussions regarding this proposal
began with the Redevelopment Agency in approximately January, 1987. Scripps
Hospital would encourage a rapid addressing of this issue by the Agency.
Member Malcolm commented he has serious problems with this proposal. He does
not believe that he could support the entire use of this property for the
expansion of the hospital. He is not sure there is an alternate site for a
supermarket and he is not sure there are other areas to provide youth
facilities.
Responding to questions, Mr. B~lls stated the population in this community
would support two hospitals of medium size. There is not enough demand
projected to need more beds than are currently planned. In looking at the
concept of an "Urban Hospital" lexpanding up several stories), it is important
to understand the restraints and constraints associated with an Urban
Hospital. In the case of Scripps, it would mean it would prohibit any future
growth forever. It doesn't address issues such as parking and medical office
needs for the future.
Redevelopment Agency Minutes -9- February 2, 1989
Chairman Cox asked if under the Scripps proposal if there is any anticipation
that there would be a need for Redevelopment Agency assistance or subsidy?
Mr. Leary stated that at the present time they are not involved enough with
the economics to fully answer the question, however, the anticipation is that
no assistance or subsidy will be needed.
Mr. John Champion, Champion Development Company, addressed the Agency. Last
summer Champion Development Company spoke with Paul Desrochers regarding any
sites that might be available for development. At that time, he indicated
that the 5th and H Street site would be a suitable property for development
and further indicated that it would serve the community's needs if it was
indeed anchored with a grocery store. At that time, there was no firm time
table as to how this would all come together but he encouraged them to go
ahead and work on it. Champion Development then began to negotiate with the
fee owner of the property in an attempt to reach an agreement with him so that
it would make the development of the property an easier task. Late in the
year they were able to reach an agreement with the owner. They notified the
Redevelopment Agency and Champion Development was encouraged to make a
proposal. Lucky's Stores has indicated a strong interest in locating at this
site. In addition, there are two chains (one from the Northwest and one from
Arizona) who have indicated an interest.
Mr. Champion further stated that when they received the staff report, they
realized that the Agency has a policy decision to make. Champion Development
decided that perhaps the best course for the comunity would be a
complimentary use of this property, both for the hospital expansion and to
meet the needs of the downtown community. An alternative site plan has been
placed before the Agency in an attempt to show a possible compromise and meet
the needs of all the parties involved.
Mr. Champion noted they see this site as a retail site. They believe that the
grocery store is best for all parties involved. A retail project does allow
the ability to relocate the services that the community deems important within
the context of the center without changing the center itself. Champion would
be prepared to move forward and work with the tenants involved to incorporate
them within any project they do.
Because Champion Development's joint venture partner is a financial
institution, they do have the capability to finance any additional subsidy
that may become necessary in order to make this project work. They do not
anticipate the Agency having to make a subsidy to the project.
Mrs. J.J. Alvarez, 6885 Lipmann St., San Diego, addressed the A§ency. She
stated she represents the owner of the 99-year land lease who owns the
structures. She stated she was surprised that these negotiations have been
going on and they have not known anything about it. They have been working
with a recreation facility and plan to do some redevelopment on the site.
They asked that this meeting be postponed until the owner and the owner's
attorney could be present.
Redevelopment Agency Minutes -10- February 2, 1989
Mr. Champion stated they have a master ground lease. Champion has the senior
position in the chain of title.
Edward Grier, Attorney with Michael Clark's Law Offices, was present. He
represents Chula Vista Properties which is the partnership that owns the
buildings on the property and they also hold the lease.
Mr. Delaney addressed questions regarding the demand for a supermarket. Using
an example of Ralph's, he pointed out it was their opinion that there is a
market in the downtown core for a supermarket. They were concerned about the
fringe of competition (specifically the Advantage Store). Mr. Delaney stated
he believes that if a store is put on 5th and H Street, there will not be
another store in the downtown core. There are not alternative sites that are
easily obtainable.
MOTION
MS(Cox/Moore) refer this item back to staff to contact the existing lessee of
the property, to further evaluate the Scripps Hospital and Champion
Development proposals, the joint use proposal; find out what interest the
property owner has in developing the property; respond to other questions such
as the reference to Lucky's and whether or not they would trade locations.
Member Moore commented his biggest concern is that Scripps has come forward
with a proposal that they have been working on for more than two years and he
was not aware of it prior to this report. He pointed out his concerns are:
(1) communications; (2) supermarket site; (3) youth facilities need to be
addressed.
Member Nader stated he would like to include in the motion a report on an
appropriate site for a downtown supermarket and on the options for providing
youth services in the area. This was agreeable to the maker of the motion and
the second to include as part of the motion.
Member Nader also noted his concern about the process involved in these
proposals coming before the Agency. He wants to see a more comprehensive
report wi th more information that pertains to the overall needs of the
community that includes a reflection of the various concerns that have been
expressed by the Agency and also that gives all interested parties an
opportunity to present their views and their input. He suggested that the
supermarket subcommittee be consulted in the course of preparing the report.
Member Malcolm commented he would like to see a subcommittee consisting of
Member McCandliss and Chairman Cox work on issues involved. He would like a
discussion to be held with Community Nospital regarding how this proposed
expansion of Scripps Hospital would affect them. He would like two Agency
members to be briefed on all the issues concerned and meet with all interested
parties in the community.
Redevelopment Agency Minutes -ll- February 2, 1989
Member McCandliss stated she wanted to be sure that when staff brings back
discussion on the potential for a grocery store downtown, that it is broad
enough to include alternative sites.
Member Moore commented he believes input should be received from Homart
Development Company. One of the primary concerns should be that we do not
detract from the success of the Chula Vista Center.
Member McCandliss further noted that no matter how well intentioned the Agency
may be in trying to balance the needs of all entities, the Agency needs to
recognize that there is a very delicate traffic balance in this area.
The motion passed unanimously.
MS (Malcolm/Moore) to have a subcommittee consisting of Chairman Cox and
Member McCandliss work with staff on the particular issues involved with the
site at 5th Avenue and N Street.
Member Nader noted staff should work with the grocery store subcommittee on
the grocery store site issue. Staff should work with the new subcommittee as
to developing the plan for this particular site. The two subcommittees would
be phased; once the supermarket subcommittee has completed their work, the new
subcommittee would begin their work.
The motion passed unanimously.
The Redevelopment Agency recessed at 9:30 p.m. The meeting reconvened at 9:35
p.m.
10. RESOLUTION 987 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH NINYO &
MOORE FOR TOXIC SUBSTANCE EVALUATION ON THE PROPERTIES EAST
OF 1-805 AND SOUTH OF OI'AY VALLEY ROAD AND APPROPRIATING
$95,240 THEREFOR
On December 15, 1988, the Agency entered into an agreement with Ninyo & Moore
for the provision of services related to toxic substance evaluation. The
intent of staff in recommending that agreement was to have a toxic substance
professional available to do initial site assessments for hazardous wastes on
properties being considered for acquisition by the Agency. Prior to entering
into the original two-year agreement, Ninyo and Moore had been contracted with
separately by the Agency to do an initial site assessment and further studies
on the properties east of 1-805 and south of Otay Valley Road. The conclusion
of Ninyo & Moore following those studies is that subsurface investigations are
necessary to accurately characterize hazardous substances that may occur on
the properties.
Responding to Chairman Cox's questions, Acting Community Development Director
Gustafson stated it was conveyed to him by Ninyo & Moore that if the Agency
receives the information in Option 1, that it will be all the information
needed. No further studies will be required. Options 2 and 3 look at
Redevelopment Agency Minutes -12- February 2, 1989
additional test wells in areas that might have been needed if the study that
is currently underway by another consultant on the Omar Rendering site were
not available. The time frame for completion was well within the time frame
for the information needed to proceed with property acquisition within the
planning process for the auto park.
Mr. Gustafson further reported the Project Area Committee did not take a
formal vote on this issue. Informally, three were in favor and one was
opposed.
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
12. DIRECTOR'S REPORT: None.
13. CHAIRMAN'S REPORT:
a. Reconsideration of Resolution 981
Approving the extension of an agreement with San Diego Shipbuilding
and Repair, Inc. for lease of property at 980 "F" Street
Chairman Cox noted this item was dealt with at the last Agency meeting and he
was unable to be at that meeting.
MSUC (Cox/Moore) that Resolution 981 be reconsidered.
Chairman Cox stated he had no problem with the action taken. However, he
expressed concern that he believes the Agency is at a point in time where it
is necessary to give more firm direction to Mr. Gurnee and San Diego
Shipbuilding and Repair, Inc. He suggested this lease be approved for a year,
however, that there be within that one year lease a threshold at six months
where there must be a demonstration that there is a viable alternative site
for this particular operation.
Member Malcolm suggested putting in a "holdover clause" with substantial
penalties in the lease. He does not believe that after six months the Agency
will want San Diego Shipbuilding to move.
MOTION
MS (Malcolm/Nader) to have the City Attorney prepare a holdover provision with
substantial penalties.
Mr. Harron stated that Mr. Gurnee of San Diego Shipbuilding and Repair came to
see him on this date. Mr. Gurnee asked that an "escape clause" be added to
the lease giving him the option to get out of the lease if he does find
another place within the year.
Redevelopment Agency Minutes -13- February 2, 1989
Chairman Cox noted he believes there needs to be an emphatic statement made by
the Agency that it is not their desire in the long range to see this type of
land use at this site. If Mr. Gurnee is successful in finding another site,
Chairman Cox would be willing to release him from the lease.
Member Malcolm suggested the "escape clause" be a 90 day minimum notice. This
was included in the motion.
Mr. Ted Gurnee of San Diego Shipbuilding and Repair was present and addressed
the Agency. He pointed out his business came to Chula Vista in 1981/82 with
the intention of developing a business in the City, hiring employees and being
successful. They had the desire to find waterfront access somewhere in the
City, building a marina on that site if possible; not to be there on a one to
one year lease. They cannot build ships on a short term lease. His business
has been successful in the last two years in achieving at this time over $90
million of shipbuilding contract backlog (either under contract or in final
negotiations). This reflects 350 - 500 jobs.
Mr. Gurnee asked for help in finding another site. He requested that
considering the fact it is a short term lease, the unavailability of
improvement of the property, the unavailability of doing any serious business
there, that the 28% increase in the rent be reconsidered.
The motion passed unanimously.
MS (Cox/Nader) give direction to staff to work with Mr. Gurnee to first find a
site in Chula Vista; barring that, any other sites that might be available for
the ultimate relocation of the business.
~ember Nader suggested including in the motion that staff should initially
work with this Agency to develop some recommendation as to whether or not a
longer term lease might be appropriate. Staff to come back to the Agency with
a report on what the lease negotiating stance ought to be well in advance of
the expiration of this lease.
Chairman Cox stated he would like staff to work with Mr. Gurnee to see if they
can come up with a site in Chula Vista. If not, do whatever they can to
assist him in the ultimate relocation.
The motion passed unanimously.
Chairman Cox referred to an information memo to the Agency included in the
packet for this meeting concerning the installation of public improvements on
four Agency-owned parcels on Bay Boulevard. He would like to include in the
contract for the balance of Bay Boulevard the improvements for these four
parcels. It would be his intent that whatever appraised value these
properties are sold for, the cost for the public improvements be added. He is
concerned that if the Agency does not do these improvements and the properties
are sold, it is possible the improvements would be lacking for a long period
of time.
Redevelopment Agency Minutes -14- February 2, 1989
MSUC (Cox/Malcolm) asked that this issue of installin9 public improvements on
four Agency-owned parcels on Bay Boulevard come back as a docketed item for
the next Agency meeting.
14. MEMBERS' COMMENTS:
Member McCandliss commented regarding the parking around the Soup Exchange.
The project is very successful and not enough parking was planned. There is a
need to get more parking on the Bayfront overall. Parking was considered
across the street from the Soup Exchange. Subsequent to that Bay Boulevard
was fenced off; there is an improved accessway that is fenced off. She would
like to put this item on the Agenda for the next Agency meeting to again look
at this to see if there is some way to meet the safety needs in the area but
still enhance the use and the pedestrian access from the parking area.
MSUC (Cox/Moore) to put this issue of parking needs for the Soup Exchange/
Bayfront be placed on the next Agency Agenda.
ADJOURNMENT to Closed Session at 10:25 p.m. to discuss:
The Potential Acquisition of Property Located at:
798 F Street (Rados Brothers, Inc., owners - Risi Industries, Inc.)
428 F Street (Security Title Insurance, Co., owners - Anthony Schools)
354 Church Avenue (Miguel A. & Fernandez A. Cardena$, owners) _
Potential Litigation.
ADJOURNMENT from Closed Session at ll:O0 p.m. to the regular meeting of
February 16, 1989 at 4:00 p.m.
7
Acting Community Development Director
WPC 3975H