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HomeMy WebLinkAboutRDA Packet 1998/09/15 Tuesday, September 15, 1998 6:00 p.m. (immediately following the City Council meeting) Council Chambers Public Services Building Joint MeetinI! ofth~ Re-nevelonmf':nt Auencv/Cltv Connell of the Citv ofCh1l1::1 VistJ) 1. ROLL CALL: CALI. TO ORDER Agency/Council Members Moot _, Padilla_, Rindone _, Salas _, and Cbair/Mayor Horton_ CONSENT ITEMS ( Items 2 through 4 ) (Will be voted on immediately following the Council Consent Calendar during the City Council meeting) The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by the Agency by one motWn without discussion unless an Agency member, a member of the public or City st<iff requests that the item be pulledfordilcussion. lfyou wilh to speokon one of these items, please fill out a "Request to Speok Form" availoble in the lobby ond submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be dilcussed <ifter Action Items. Items pulled by the public will be the first items of business. 2. APPROVAL OF MINUTES: June 2, 1998, June 23, 1998, July 14, 1998, and August 11, 1998 3. AGENCY RESOLIJTION 1597 COUNCIL RESOLlJTION 19174 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SEWER P-TRAP AT 850 LAGOON DRIVE IN THE CITY OF CHULA VISTA, CA (RD-220)-..Qn 8/19/98, in Conference Room 3 in the Poblic Services Building, the Director of Public Works received sealed bids for the Sewer P- Trap at 850 Lagoon Drive in the City of Chula Vista, California (RD-220) project. The work includes excavation and grading, mobilization, trench shoring, dewatering, installation of PVC sewer pipe and fittings, traffic control, sewer bypassing, preservation and restoration of property, and other miscellaneous work specified in the contract documents. Staff recommends approve of the resolution. (Director of Poblic Works) 4. RESOLIJTION 1598 APPROVING AN APPROPRIATION IN THE AMOUNT OF $249,000 TO ACQUIRE FORECWSURE RIGIITS ON THE PHASE I PROPERTY OF THE FORMER BROADWAY BUSINESS HOMES PROJECT AT 760 BROADWAY--!n August 1995, the Agency entered into a Disposition and Development Agreement (DDA) for the Broadway Business Homes project; and subsequently through an Amendment to the DDA, the developer purcbased Phase I of the property. Due to circumstances, the developer was unable to perform under the conditions of the original and amended DDA. As a result, the first trnst deed lienholder wants to foreclose on the property and bas agreed to assigu the foreclosure rights to the Ageucy. Staff recommends approval of the resolution. (Community Development Director) 4/5ths vote reouired Agenda -2- September 15, 1998 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items puUed at the request of the public will be considered prior to those pulled by Agency Members. ORAL COMMIJNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency'sjurisdiction that is UIII. an item on this agenda. (State low, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" availoble in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name ond address for record purposes ond follow up action. OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORTIS) 6. CHAIR/MAYOR'S REPORTIS) 7. AGENCY/COlJNCU. MEMBER COMMENTS ADJOURNMENT The meetiog will adjourn to a closed session and thence to the Regular Redevelopment Agency Meetiog on October 6, 1998 at 4:00 p.m., inuuediate1y following the City Council meeting, in the City Council Chambers. ********** CWSED SESSION Unless Agency Counsel, the Execative Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss ond deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by low to return to open session, issue any reports of tilJJJl action taken in closed session, ond the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's return from closed session, reports of tilJJJl actWn taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be availoble in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. CONFERENCE WITH REAl_ PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 565-310-09; 565-310-25 Negotiatiog Parties: Redevelopment Agency (Chris Salomone) and City of San Diego Under Negotiations: Disposition price and terms MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, June 2, 1998 5:32 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency Members: and Chair Horton Moot, Padilla, Rindone, Salas, ABSENT: Agency Members: None ALSO PRESENT: Executive Director, David D. Rowlands; Legal Counsel, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline V. Long CONSENT CALENDAR {Items pulled: none) CONSENT CALENDAR OFFERED BY CHAIR HORTON, headings read, texts waived, passed and approved unanimously 5-0. 2. APPROVAL OF MINUTES: May 5, 1998 3. RESOLUTION 1584 APPROVING A TWO-PARTY AGREEMENT FOR SOIL REMEDIATION CONSULTING SERVI CES BETWEEN THE REDEVELOPMENT AGENCY AND BFGW GROUP, LLC, FOR THE PURPOSES OF REMOVING CONTAMINATED SOILS FROM THE AGENCY-OWNED PROPERTY LOCATED AT 980 LAGOON DRIVE, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE SAME, AND APPROPRIATING FUNDS INTO CIP RD-229 FOR SITE WORK RELATED TO PENDING SALE TO THE PORT DISTRICT - On 06/10/97 f the Agency/Council approved an Agreement for Purchase and Sale between the City and the San Diego Unified Port District for the sale of 980 Lagoon Drive. The agreement contains specific provisions for the remediation of known contamination on the site. The Port has advanced funds through escrow for the Agency to use for the purposes of site remediation. Staff recommends approval of the resolution. (Community Development Director) 4. RESOLUTION 1585 REJECTING BIDS FOR THE "SEWER P-TRAP AT 850 LAGOON DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (RD-220)" PROJECT, AND DIRECTING STAFF TO RE- ADVERTISE THE PROJECT - On 02/18/98, the Director of Public Works received sealed bids for the construction of a sewer p-trap at 850 Lagoon Drive. After the bids were received, it was determined that the funding source is defined as public funds and requires the City to pay prevailing wages; therefore, the bids received are invalid. Staff recommends approval of the resolution. (Director of Public Works) END OF CONSENT CALENDAR ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES There were none. ITEMS PULLED FROM THE CONSENT CALENDAR c2. -I The=e were none. ~ RDA Minutes June 2, 1998 Page 2 OTHER BUSINESS 5. DIRECTOR'S REPORT (S) - J,one 6. CHAIR'S REPORT(S) - None 7. AGENCY MEMBER'S COMMENTS - None ADJOURNMENT The meeting adjourned at 5:34 p.m. R~spectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy City Clerk ~-.;).. MINUTES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL/HOUSING AUTHORITY OF THE CITY OF CHULA VISTA Tuesday, June 23, 1998 9:12 p.m. Council Chambers Public Services Building CALL TO ORDER 1 . ROLL CALL: PRESENT: Agency Members: Moot, Padilla, Rindone, Salas, and Chair Horton ABSENT: Agency Members: None ALSO PRESENT: Executive Director, David D. Rowlands; Legal Counsel, John M. Kaheny; City Clerk, Beverly A. Autheleti and Deputy City Clerk, Charline Long CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY CHAIR HORTON, headings read, texts waived, passed and approved unanimously 5-0. 2.a) ORDINANCE 2734: APPROVING AND ADOPTING THE REDEVELOPMENT PLAN AMENDMENT NO. 5 FOR THE BAYFRONT REDEVELOPMENT PROJECTS (second reading and adoption) - In 1997, the Agency requested that staff proceed with amendments to the Bayfront and Town Centre I Redevelopment Plans to address time limitations that currently impede the Agency from removing blight and completing its redevelopment program in both Project Areas. In addition, the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately 398 acres of Port District tidelands to the Project Area and to modify the existing Bayfont Redevelopment Plan I s land use plan to correlate with the Chula Vista Certified Local Coastal Program and the City's General Plan. Staff recommends Council place the ordinance on second reading and adoption. (Community Development Director) 2.b) ORDINANCE 2735: APPROVING AND ADOPTING THE REDEVELOPMENT PLAN AMENDMENT NO. S FOR THE TOWN CENTRE I REDEVELOPMENT PROJECTS (second reading and adoption) - Staff recommends Council place the ordinance on second reading and adoption. (Community Development Director) .. '" '" END OF CONSENT CALENDAR'" '" '" PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING: CONSIDERATION OF THE ADOPTION OF THE CITY OF CHULA VISTA OPERATING, CAPITAL IMPROVEMENT BUDGET AND REDEVELOPMENT AGENCY BUDGET FOR 1998-99 - Council has held three budget work sessions to consider and discuss the proposed 1998/99 budget. The City Manager's proposed budget has been amended based on tentative decisions by the Council at the budget work sessions and it is this amended budget which is recommended to be adopted. Staff recommends the Council/Agency accept public testimony and adopt the proposed budgets as amended d-3 RDA Minutes June 23, 1998 Page 2 during the review public testimony. sessions and as may be further amended as a result of the (Administration) COUNCIL RESOLUTION 19067 APPROVING ADOPTION OF THE FINAL OPERATING AND CAPITAL BUDGETS OF THE CITY OF CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 AN ENDING JUNE 30, 1999. AGENCY RESOLUTION 1592 AND HOUSING AUTHORITY RESOLUTION HA-7 ADOPTING THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY BUDGETS FOR FISCAL YEAR 1998-99 AND APPROPRIATING FUNDS THEREFOR. David Rowlands, City Manager, recommended that the Council vote on the entire budget list, except for those items where there was a split vote. MSUC (Moot/Borton) - to adopt all budget items except the Cable TV Franchise and the Ruth Chapman Performing Arts. MSUC (Moot/Horton) - to adopt the Cable TV Franchise budget item. Approved 4-1, Rindone opposed. Mr. Rowlands suggested that the city report back to the school district that there are no city/general funds for the Ruth Chapman Performing Arts. Member Rindone stated that he believes funding will be forthcoming from the amphitheatre ticket sales. MSUC (Moot/Horton) - to adopt the Ruth Chapman Performing Arts Center budget item. Approved 4-1, Rindone opposed. Member Rindone offered congratulations to Mr. Rowlands and his staff in significantly changing the budget format to allow policy makers to vote on policy issues relating to the budget. This is the first time in eight years that they haven't had to go over the budget, item by item and line by line. Congratulations a super job! COUNCIL RESOLUTION 19067, RESOLUTION HA-7, OFFERED BY approved unanimously 5-0. AGENCY MEMBER RESOLUTION 1592, RINDONE, headings and read, HOUSING AUTHORITY texts waived, and Dawn Herring, Budget Manager, publicly thanked the staff who helped with the budget: Bob Powell, Cheryl Fruchter, Maria Kachadoorian, Nancy Woods, Gerald Young (who will be leaving the city), Shauna StOkes, Dan Beintema, Paula Brown, and Colleen Kelly. Their efforts were really appreciated; this is a city-wide project and everyone needs to be commended. Mayor Horton thanked the staff on behalf of the city council for a job well done. Realizing that it is a very time consuming process, the council appreciates the hard work and especially how much easier it was to understand. Mayor Horton also wished Gerald Young the council's best, stating that he was a valuable asset to the city and he will be missed. cJ-'i RDA Minutes June 23, 1998 Page 3 ACTION ITEMS 4.a) COUNCIL RESOLUTION 19068: APPROPRIATING ESTIMATED FY 98/98 ASSET SEIZURE REVENUES FOR THE PURCHASE OF AN UNDERCOVER VEHICLE IN THE AMOUNT OF $19,000 - The Chula Vista Police Department (CVPD) has three separate narcotics related initiatives that are funded through High Intensity Drug Trafficking Area (HIDTA) grants. The CVPD is seeking to expand and enhance its investigative efforts by adding one Agency to the HIDTA grant initiative. Staff recommends approval of the resolutions. (Chief of Police) 4/ 5th's vote required. 4.b) COUNCIL RESOLUTION 19069: ADDING 1.00 FTE POLICE AGENCY POSITION TO THE FY 1998-99 BUDGET; ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF $94,051 FROM HIGH INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT FUNDS. COUNCIL RESOLUTION 19068 AND 19069 OFFERED BY MAYOR HORTON headings read, texts waived, and approved unanimously. ITEMS PULLED FROM THE CONSENT CALENDAR There were none. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORT(S) - None 6. CHAIR/MAYOR'S REPORT(S) - None 7. AGENCY/COUNCIL MEMBER COMMENTS - None ADJOURNMENT The meeting adjourned at 9:25 p.m. Respectfully submitted, BEVERLY A. AUT HE LET , CMC/AAE, City Clerk BY: Charline Long, Deputy City Clerk ~-~- MINUTES OF A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, July 14, 1998 7:40 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency Members: Moot, Padilla, Rindone, Salas, arld Chair Horton ABSENT: Agency Members: None ALSO PRESENT: Executive Director, David D. Rowlands; Legal Counsel, John M. Kaheny; Deputy City Clerk, Charline Long CONSENT CALENDAR (Items pulled: None) CONSENT CALENDAR OFFERED BY CHAIR HORTON, headings read, texts waived, passed and approved unanimously 5-0. 2. APPROVAL OF MINUTES: June 9, 1998; June 16, 1998 3. RESOLUTION 1593: APPROVING A CONSULTANT AGREEMENT WITH AFFORDABLE HOUSING APPLICATIONS, INC. TO IMPLEMENT AND ADMINISTER THE REISSUED MORTGAGE CREDIT CERTIFICATE PROGRAM FOR THE CITY OF CHULA VISTA - On 3/3/98, the Agency approved a resolution authorizing staff to negotiate an agreement with Affordable HO\lSing Applications, Inc. to implement and administer the Reissued Mort~Jclge Cn:cliL Certificate Program (RMCC). The RMCC Program will allow current and future Mortgage Credit Certificate (HCC) holders to refinance their original mortgage and maintain the tax benefit of the MCC. Staff recommends approval of the resolution. (Community Development Director * * * END OF CONSENT CALENDAR * * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 4. PUBLIC HEARING: TO CONSIDER A SPECIAL LAND USE PERMIT TO ALLOW EDUCATIONAL AND COUNSELING SERVICES TO CLIENTS WITH SUBSTANCE ABUSE PROBLEMS AT 314 PARKWAY -Episcopal Community Services submitted a Land Use Permit application to establish the South Bay Recovery Center at 314 Parkway. The Center plAns to provide educational and counseling services to clients who have substance abllse problems. Staff recommends rescheduling and renoticing a public hearing to be determined between staff and the applicant in order to provide staff time to evaluate and analyze the revisions to the project t s operational profile. (Community Development Director) Continued from the meeting of 6/9/98. MSUC (Horton/Moot) that the Public Hearing be rescheduled and renoticed. ITEMS PULLED FROM THE CONSENT CALENDAR None. ~-" ROil .Minutes July 14, 1998 Page 2 ORAL COMMUNICATIONS None. OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORTeS) - None. 6. CHAIR/MAYOR'S REPORT/5) - None. 7. AGENCY/COUNCIL MEMBER COMMENTS - None. ADJOURNMENT The meeting adjourned at 7:45 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy City Clerk d. -1 , ~ MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, August 11, 1998 6:27 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency Members: and Chair Horton Moot, Padilla, Rindone, Salas, ABSENT: Agency Members: None ALSO PRESENT: Executive Director, David D. Rowlands; Legal Counsel, John M. KahenYi City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline V. Long CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY CHAIR HORTON, headings read, texts waived, passed and approved unanimously 5-0. 2. RESOLUTION 1596: APPROVING THE SECOND CHANGE ORDER TO THE COST SHARING AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY, B.F. GOODRICH AEROSPACE, AEROSTRUCTURES GROUP, THE SAN DIEGO UNIFIED PORT DISTRICT AND BFGW GROUP, LLC FOR SERVICES RELATED TO GROUNDWATER BASIN REDESIGNATION; AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE SAME - BFGW has been retained to perform consulting services for the purposes of coordinating and preparing an application to the Regional Water Quality Control Board (RWQCB) to remove the beneficial use designation from the groundwater basin in the area of the Chula Vista Bayfront. Cocnerns raised by water service agencies has necessitated additional work to be performed before the application can be considered by the Regional Water Quality Control Board. Those additional services are beyond the original scope of the original consultant agreement. Staff recommends approval of the resolution. (Community Development Department) END OF CONSENT CALENDAR ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES There were none. ITEMS PULLED FROM THE CONSENT CALENDAR There were none. OTHER BUSINESS 5. DIRECTOR'S REPORT(S) - None c2 -2[ RDA Minutes August 11, 1998 Page 2 6. CHAIR'S REPORT (S) - None 7. AGENCY MEMBER'S COMMENTS - None ADJOURNMENT The meeting adjourned at 6:28 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy C1ty Clerk c2 -9 JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT ITEM TITLE: ItemJ CouNCIL /lS()LOTlO"; /9/7,-/ Meeting Date 9/15/98 /I a-Efi C,/ Resolution / $tf 7 Accepting bids and awarding contract for the "Sewer P.trap at 850 Lagoon Drive in the City of Chula Vista, CA (RD-220)" Director of Public workf~ ,,,,,,,. O;."J:;iL ~ ~ 14I51h. ',"" V,,_ .o-Xl SUBMITTED BY: REVIEWED BY: BACKGROUND: Dn August 19, 1998, in Conference Room 3 in the Public Services Building, the Director of Public Works received sealed bids for the "Sewer P-trap at 850 Lagoon Drive in the City of Chula Vista, California (RD-220)" project. The work includes excavation and grading, mobilization, trench shoring, dewatering, installation of PVC sewer pipe and fittings, traffic control, sewer bypassing, preservation and restoration of property, and other miscellaneous work specified in the contract documents. RECOMMENDATION: That Council accept bids and award the contract for the "Sewer P-trap at 850 Lagoon Drive in the City of Chula Vista, California (RD-220)" to Shoreline Construction of National City, California, for $23,574.20. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 23, 1996, the Redevelopment Agency of the City of Chula Vista ("Agency") approved actions pursuant to Agency Resolution 1485 that implemented Agency obligations under that BF/DP No.3 Owner Participation Agreement ("Agreement") between the Agency and Rohr, Inc. ("Rohr") dated April 23, 1991, and took various related actions (see attachment A). Rohr accepted the payment by the Agency of $20,000 of the $50,000 of the construction costs Rohr incurred pursuant to Section 8 of the Agreement for the construction of a new sewer monitoring facility as required by the Metropolitan Sewer District that will benefit the project and Bayfront Redevelopment Project. Rohr proposed and Agency accepted that the Agency retain $30,DOO of the $5D,000 reimbursement until the City Engineer is satisfied that the odor problems caused by the facility have been corrected. If the facility were the cause of the odor problem and all other efforts failed to correct the odor problem, the $30,00D retention would be used by the Agency to install a P.trap according to City standards (see attachment B). ....1-1 Page 2, Item .3 Meeting Date 9/15/98 To date, the odor problems persist since the sewer vent system, installed on August 1996, failed to correct the problems. Therefore, the installation of a PVC sewer P.trap is being proposed as a solution to eliminate the odor nuisance. Bids for this project were received from two contractors as follows: Contractor Bid Amount 1. Shoreline Construction. National City, California $ 23,5 74.20 2. Gypsy Queen, Inc. . National City, California $32,750.00 The low bid by Shoreline Construction is below the Engineer's estimate of $26,260 by $2,685.80 or 10.3%. The Contractor has recently completed projects within the City of San Diego as a subcontractor on various underground and grading projects ranging from $50,000 to $120,000. Staff has contacted the general contractor for those projects, and their recommendations and comments have been satisfactory. Staff has also verified the contractor's license and other qualifications and determined that they are in order. Therefore, staff recommends awarding the contract to Shoreline Construction for this project. Disclosure Statement A copy of the contractor's disclosure statement is attached as Attachment C. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15302, Class 2 (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Prevailino Waoe Statement The source of funding for this project is from the retention of reimbursement funds originally set aside for Rohr. Since the Agency provided the initial funding, it has been determined that the retention funds must be considered public funds and any contracts financed by those funds must meet the prevailing wage requirements. Contractors bidding this project were required to pay prevailing wages to persons employed by them for the work under this project. -..5-.;2. Page 3, Item ~ Meeting Date 9/15/98 Financial Statement FUNDS REQUIRED FDR CDNSTRUCTIDN A. Contract Amount (Shoreline Construction) $23,574.20 B. Contingencies $3,000.00 C. Staff Costs (Design, Construction & Inspection) $3,000.00 TOTAL FUNDS REOUIRED FOR CONSTRUCTION $29,574.20 FUNDS AVAILABLE FOR CONSTRUCTION A. Rohr, Inc. Deposit (R0220) $29,574.20 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $29,574.20 FISCAL IMPACT: Funding used for this project will be from the Rohr, Inc. deposit fund. Upon completion of the project, the sewer line will require routine City maintenance involving cleaning of the sewr P.trap periodically. Attachments; A . Letter dated 1/23196 re; Rohr reimbursement.BF/OP No.3 B . Copies of p. 1.3 of Agency agenda statement (Reso. 1485, 2/6/96) C . Contractor's Disclosure Statement HoIHOMEIENGINEERlAGENOAIR0220.S0L August 24, 1998 00:29am) ..3 -3 AGENCY RESOLUTION NO. and COUNCIL RESOLUTION NO. /591 IQI'7<J JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ACCEPTING BIDS FOR "SEWER P-TRAP AT 850 LAGOON DRIVE IN THE CITY OF CHULA VISTA, CALIFORNIA (RD-220)" PROJECT WHEREAS, on August 19, 1998, in Conference Room 3 in the Public Services Building, the Director of Public Works received the following two sealed bids for "Sewer P-trap at 850 Lagoon Drive in the City of Chula Vista, California (RD-220): Contractor Bid Amount 1. Shoreline Construction - National City, California $23,574.20 2. Gypsy Queen, Inc. - National City, California $32,750.00 WHEREAS, the low bid by Shoreline Construction is below the Engineer's estimate of $26,260 by $2,685.80 or 10%; and WHEREAS, staff has also verified the contractor's license and other qualifications and determined that they are in order, therefore, staff recommends awarding the contract to Shoreline Construction for this project; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determine that the project is exempt under Section 15302, Class 2 (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . NOW, THEREFORE, BE IT RESOLVED the City Council and the Redevelopment Agency of the city of Chula vista does hereby accept bids for the "Sewer P-trap at 850 Lagoon Drive in the City of Chula vista, California (RD-220)" and awards the contract to Shoreline Construction of National City in the amount of $23,574.20. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~ C:\rs\lagoon.B50 .3-4- ~\f? -:--~:: --- -- --....... - - rUJY/ ~ITk T-\Me;.,v"T . p;," CnY OF CHULA VISfA COMMUNITY DEVELOPMENT DEPARTMENT January 23, 1996 Mr. Art Sellgren Rohr Industries, Inc. Foot of H Street P. O. Box 878 Chula Vista, CA 91912-0878 SUBJECT: Rohr Reimbursement - BF/OP No.3 On January 23, 1996 the Redevelopment Agency of the City of Chula Vista ("Agency") approved certain actions pursuant to Agency Resolution 1485 ("Agency Resolution") which implemented certain Agency obligations under that certain BF/OP No.3 Owner Participation Agreement ("Agreement") between the Agency and Rohr, Inc. ("Rohr") dated April 23,1991, and took various related actions. Such actions were taken subject to Rohr's execution of an agreement approving those actions. This letter shall serve as such agreement upon its execution by Rohr. In consideration for the actions taken pursuant to the Agency Resolution, and for other good and valuable consideration, Rohr agrees as follows; - 1. Rohr accepts the payment by the Agency of $240,000 as full and complete reimbursement under Section 8 of the Agreement for construction costs incurred by Rohr related to public water service to provide adequate water service to meet the fire code requirements of 5,000 + g.p.m. for the project and other future uses proposed for the Bayfront Redevelopment Project and Port District. 2. Rohr accepts the payment by the Agency of $11,112 to Rohr for costs incurred and the Agency's proposed payment of $98,388 to the City Traffic Signal Fund as full and complete reimbursement under Section 8 of the Agreement for the cost of pavement restriping and traffic signal installation at the intersection of Bay Boulevard and Lagoon Drive. 3. Rohr accepts the payment by the Agency of- $20,000 of the $50,000 of the construction costs Rohr incurred pursuant to Section 8 of the Agreement for the construction of a new sewer monitoring facility as required by the Metropolitan Sewer District that will benefit the project and Bayfront Redevelopment Project. Rohr proposes and Agency accepts that the Agency retain $30,000 of the $50,000 reimbursement until the City Engineer is reasonably satisfied that any odor problems caused by the facility have been corrected. If the facility is found to be the cause of the odor problem and all other efforts fail to correct the odor problem, the $30,000 retention will be used by the Agency to install a P-trap in accordance with City standards. 4. Rohr acknowledges and agrees that the amount of its fine arts obiigation pursuant to Section 5 of the Agreement is $150,000 (the "Fine Arts Fee"). In lieu of payment of a Fine Arts Fee, Rohr may satisfy its obligation under Section 5 of the Agreement by the installation of a fine arts element of equal value at or around the project, subject to the Fine Arts policy ...3-s- 276 FOUF.Tf-: .t-:/ElCHULA VISTA, C;'UFCRNIA 9'9'O/r€~9) 691-5047 . ...... /" ,/ Art Sellgren January 23, 1996 Page 2 and the review and approval by the Agency and/or the Agency's designee. Rohr agrees to satisfy its fine arts obligation on the earlier to occur of (al completion of the next Phase of Rohr's expansion at 850 Lagoon, or (bl December 31, 1999; provided, however, in the event that the above-described expansion has not been completed by December 31, 1999, Agency agrees to meet and confer with Rohr regarding a further deferral of Rohr's fine arts obligation. 'I" fe' 5. Rohr accepts the future payment by the Agency of $16,313 as a full and complete \v ,_, equitable reimbursement of development and permit fees incurred by Rohr for completion of \\,~J\I;C\ a three story parking structure expansion at 850 Lagoon Drive. The AgensY..shalhrraire-such V}f payment from future Bayfront redevelopment tax increment revenue in the...1996-97 budg~ \yO at a specific time to be determined by the Agency. Rohr acknowledges and agrees that the Agency has no existing or future obligations pursuant to BF/OP No.4 Owner Participation Agreement Rohr Inc., between the Agency and Rohr and that such agreement has been terminated. 6. Rohr acknowledges and agrees that the Agency is in full compliance with the terms of the Agreement and waives and releases the Agency from any and all claims, costs or damages either existing or future, related to the Agency's obligations thereunder. 7. This letter shall serve as an amendment to the Agreement. Except as expressly amended hereby, all other terms of the Agreement shall remain in full force and effect. 8. Rohr and the party executing this letter on Rohr's behalf each represent and warrant that he/she is authorized to execute this letter on Rohr's behalf. If you are in agreement with the terms of this letter, please execute the two enclosed originals where indicated and return one such original to Pamela Buchan, at the Community Development Department, 276 Fourth Avenue, Chula Vista. Acknowledged and Agreed: Acknowledged and Agreed CJrt >>0 ,/;1_/ -/!.d-. d.L~,.~.L ,f Rohr Inabls-:ri9~, Inc. Joh . Goss, Executive Director R . dev'elopment Agency of the City on::hula Vista ~ WILl.JA:.A BIWNGSLEA, JR. (,oljlOfate Counsel and . Assisl;;rri Secreia,. Approved as to Form , M: \shared\anorney\rohrreb.agr 3-~ CITY OF CHULA VISTA r- .... '" "T"c."'iM e'NT - JOINT REDEVELOPMENT AGENCY/CITY COUNCil AGENDA STATEMENT o B" B. Item Meeting Date 0, :2J:~S A. AGENCY RESOLUTION /1' f..5 Authorizing (1) Reimbursem;;) t.., { ~ (" of $271,112 to Rohr, Inc. in accordance with Owner Participation Agreement BF/OP #3, (2) Deferral of payment of $98,388 to the City Traffic Signal Fund, (3) Retention of $30,000 of reimbursement until sewer monitoring facility odor problem is resolved, (4) Deferral of the Fine Art Fee, and (5) Directing staff to include $16,313 reimbursement of Development and Permit fees to Rohr Inc. in the 1996-97 Budget, and (6) Authorizing Executive Director to execute a letter of agreement with Rohr Inc. in connection with the above. / /tJ'] 7 CITY COUNCil RESOLUTION/(1) Appr6priating $87,112 from Fund 230 - Parking Meter Fund and $134,000 from Fund 231 - In- lieu Parking Fee Fund to BayfrontfTown Centre I Redevelopment Fund, and (2) Appropriating $50,000 from the unappropriated balance of Fund 222 - Trunk Sewer Capital Reserve Fund to CIP Project RD220 - Rohr Reimbursement LS, ITEM TITLE: SUBMITTED BY: Community Development Director Executive Director ~ (j 14/5ths Vote: Yes L No_) Council Referral Number: N/A REVIEWED BY: BACKGROUND: In accordance with Owner Participation Agreement BF/OP#3 entered into in 1991 between the Redevelopment Agency and Rohr Inc. for the construction of a 245,000 square foot industrial office building at 850 Lagoon Drive, certain costs for public improvements installed by Rohr during construction were eligible for reimbursement. Rohr has completed the required prerequisites for two of the three reimbursements and has requested that the Agency agree to a modified reimbursement schedule for the third item. Rohr has requested that the provision for the Fine Arts Fee be modified and a new provision be approved for the portion of Phase .II work under Owner Participation Agreement BF/OP#4 that was completed during Phase I. The reimbursable items under BF/OP#3, the Fine Arts Fee, and the Phase II work are discussed in the following report. In addition, it is recommended that the Parking District and In-lieu Parking Fee Funds reimburse the Redevelopment Agency for parking improvements installed within the Downtown Parking District and paid by the Agency. These funds would be appropriated to the, BayfrontfTown Centre I Redevelopment Fund and applied toward the Rohrreimbursement CIP project. I:lnU3lj' 18, 1996 4:04pm .3-7 -..-/'-~.. . ~... . ~ Page 2, Item Meeting Date G1'23/~o ~]I..lg{, o RECOMMENDA TION: A. That the Redevelopment Agency adopt a resolution: 1) Authorizing the reimbursement of $271,112 to Rohr Inc.; 2} Authorizing deferral of payment of $98,388 to the City Traffic Signal Fund and the City's retention of $30,000 until the sewer monitoring facility odor problem is resolved; 3) Authorizing the Executive Director to execute a letter of agreement with Rohr, Inc. deferring the $150,000 Fine Arts Fee; and, 4) Directing staff to include $16,3.3 reimbursement of development and permit fees to Rohr for completion of a three story parking structure expansion at 850 Lagoon Drive and directing staff to include this reimbursement in the Agency's 1996-97 budget. B. That the City Council adopt a resolution appropriating from the unappropriated balances: $137,112 from Fund 230 - Parking Meter Fund and $134,000 from Fund 231 _ In-lieu Parking Fund to the Bayfront/town Centre I Redevelopment Fund, and $50,000 from Fund 222 - Trunk Sewer Capital Reserve Fund to CIP Project RD220 BOARDS/COMMISSIONS RECOMMENDATION: On September 21,1995, the Town Centre Project Area Committee voted 3-1 to recommend that the City Council appropriate unappropriated fund balances of the Parking Meter Fund and In-lieu Parking Fee Fund to the BayfrontfTown Centre f Redevelopment Project fund balance to reimburse the Agency for parking improvements. . DISCUSSION: Phase I of Rohr Office Comolex at 850 Laaoon Drive BF/OP#3 In 1991, the Redevelopment Agency agreed, in an Owner Participation Agreement (BF/OP #3) with Rohr Inc. far the construction of a 245,000 sq. ft. building at 850 Lagoon Drive, to partially reimburse Rohr for the construction of a public water service and a new sewer monitoring facility and for restriping the intersection of Bay Boulevard and Lagoon Drive. In addition, the Agency agreed to pay for 83 % of the traffic signal fee and pavement restriping at Bay Boulevard and Lagoon Drive required for the project. Rohr agreed to pay a $150,000 Fine Arts Fee. Each of these items are itemized and their status discussed below. 1. The Agency agreed to reimburse to Rohr $240,000 ofthe construction costs to provide water service to the mid-bayfront area to meet the fire code requirements of 5,000 + g.p.m. for the project and other future uses. The Engineering Department audited the related construction costs and found $240,000 to be a valid reimbursement. 2. The Agency agreed to contribute $109,500 toward the cost to install a traffic signal and !::uu.w-:' la. ~996 4:04pm ~7 3~g Page 3, Item Meeting Date 0 i :23,S!'! ;L!G!q0 o pavement restriping at the intersection of Bay Boulevard and Lagoon Drive. The Engineering Department audited the related construction costs and found that the request for reimbursement' of $11,112 for the cost of pavement restriping to be appropriate and the balance of $98,388 will be contributed to the City toward a future traffic signal at Bay Boulevard and Lagoon Drive. 3. The Agency agreed to reimburse to Rohr $50,000 of the construction cost of a new sewer monitoring facility as required by the Metropolitan Sewer District. The facility was constructed; however, an occasional odor.problem has persisted in the area. The monitoring facility mayor may not be the source of the odor problem. The source of the odor problem is currently being investigated. If the source is the monitoring facility, the solutions range from a change in filter media in the best case to the installation of a P-trap in the worst case. Engineering has estimated the P-trap installation cost at approximately $30,000. Rohr proposes that the Agency retain $30,000 of the $50,000 reimbursement until the City Engineer is reasonably satisfied that any odor problems caused by the facility have been corrected. If the facility is found to be the cause of the odor problem and all other efforts fail to correct the odor problem, the $30,000 retention will be used by the City to install a P-trap. 4. Rohr agreed to pay a $150,000 Fine Arts Fee for Phase I. Rohr is requesting that the Phase I fee be deferred until the completion of Phase II. This would allow a combined art project to be done during Phase II construction to compliment the total office complex. Staff feels that Phase II of the Rohr office complex may be delayed indefinitely due to the uncertain economic conditions in the industry. Staff will revisit this issue in the future should Phase 1/ be cancelled permanently. 5. The Agency staff is investigating the process to establish a reimbursement district for the construction of street improvements installed on the north side of Lagoon Drive that were in excess of the street improvements required for the Phase I project development at 850 Lagoon Drive. 6. The Agency staff will cooperate with the water district to establish a reimbursement district for the construction of water service improvements installed that were in excess of the requirement for Phase I project development at 850 Lagoon Drive. Phase 1/ of Rohr Office Buildino at 850 Laooon Drive BFfOP#4 In 1992, the Redevelopment Agency entered into a second owner participation agreement with Rohr Inc. The second agreement, BFfOP#4, entailed provisions for the construction of a second office building (125,000 sq. ft.) and a three story addition to the parking structure at 850 Lagoon Drive. As part of that agreement and as a development incentive, the Agency agreed to reimburse Rohr an amount not to exceed $737,000 to off-set the costs of development and permit fees. Rohr decided to construct the additional three stories of parking and provide Phase II J::uuucy 12. 19% J.:04pm ~ ..3 -9 THE CITY OF CHULA VISTA DISCLOSURE STATEMEr., A'"TTAQt~' C You are required to file a Statement of Disclosure of certain ownership or financial interests. payments, or campaign contributions on all matters which will require discretionary action on the part of the City Council. Planning Commission, and all other officia bodies. The following information must be disclosed: 1. List the names of all persons having a fmancial interest in the property which is the subject of the application or the Contract e.2.. owner ~nnlir.ant. Contractor. subcontractor, material supplier. r,('-=:;-b I/. .Fc::~,<.///.c;,/J C~n/_~];"rl- 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10 % of the shares in the corporation or owning any partnership interest in the partnership. --- -LV t' IV l::' 3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. - N~Nl::" 4. Have you had more than $250 worth of business transacted with any member of the City staff. Boards. Commissions. Committees, and Council within the past twelve month? Yes _ No ~If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. - II/oNe , ... 6. Have you and/or your officers or agents, in l/ie, aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No .2(. If yes, state which Council members(s): Date: 8'-12- 'ft' ~c:O #. "-=~-h/1/;~# Print or type name of Contractor/Applicant " Person is defined as: "Any individuai, firm, co-pannership, joinr venrure, association, sociai club, fraumal organization, corporarion, esrale. rrusr, receiver, syndicale, this and any orher county, city or counrry, ciry municipality, distria, or other political subdivision, or any orher group or combinarion acting as a unir~ _ / () 14 -.. BACKGROUND: REDEVELOPMENT AGENCY AGENDA STATEMENT Item 4- Meeting Date 09115/98 RESOLUTION / SC; g' APPROVING AN APPROPRIA liON IN THE AMOUNT OF $249,000 TO ACQUIRE FORECLOSURE RIGHTS ON THE PHASE I PROPERTY OF THE FORMER BROAOWAY BUSINESS HOMES PROJECT AT 760 BROAOWAY S . Community Oevelopment Oirector0 (\ ^ Executive Oirect~~ '1J~ \ (4/5ths Vote: Yesl No~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: The Chula Vista Redevelopment Agency entered into a Disposition and Oevelopment Agreement (OOA) in August 1995 with Josef and Lenore Citron to develop the "Broadway Business Homes" project on Agency- owned property at 760 Broadway (formerly Fuller Ford). Subsequently, the Agency sold Phase I (approximately one-half of the project site) to the developer for $285,000. For a variety of reasons, the developer was not able to perform under the terms and conditions of the OOA as amended. As a result, the first trust deed lienholder wants to foreclose on the property, and has now agreed to assign the foreclosure rights to the Agency for $249,000. The purpose of this item is to request the appropriation necessary to reacquire the property which will then be marketed for future redevelopment opportunities. RECOMMENDATION: It is recommended that the Agency adopt the resolution which authorizes the appropriation in the amount of $249,000 to acquire the Phase I property of the former Broadway Business Homes project at 760 Broadway. BoARoS/CoMMISSloNS RECOMMENDATION: N/A DISCUSSION: As Council is aware, the developer has been given ample opportunity to perform on this project, but unfortunately, as not been able to do so. As a result, the first trust deed lien holder plans to foreclose on the Phase I property purchased by the Citron's from the Agency. Since the Agency still owns Phase II, it is in the Agency's best interest to re-acquire Phase I in order to maintain complete site control and make the property available again for redevelopment. ~l-( Page 2, Item ~ Meeting Date 09115/98 As Council directed during Closed Session on August 4, staff has successfully negotiated the assignment of foreclosure rights from the first trust deed lien holder to the Agency. By purchasing the foreclosure rights, the Agency will in essence "step into the shoes" of the first trust deed lien holder and complete the foreclosure. It is expected that it will take approximately 90 days to complete this process. With the general upswing in the economy. the Agency could expect some attractive offers to purchase the property for more than the re-purchase price. FISCAL IMPACT: Although the project is located within the Southwest Project Area, the property was formerly occupied by Fuller Ford which was relocated to the Auto Park in Otay Valley. Since the property was purchased by the Agency as part of that transaction. it is treated as an asset of Otay Valley. Therefore, the resolution authorizes an appropriation from the unencumbered fund balance of the Otay Valley Road Project Area (Fund 994). There are not sufficient funds in the existing Otay Valley Road budget to complete the purchase and therefore an appropriation of $249,000 is necessary. This appropriation will reduce the projected ending fund balance for the OVR fund from $466,154 to $217,554. As indicated, however. staff is comfortable given current market conditions that the property can be re-sold at a higher price while also serving to protect the Agency's interest in Phase II. (tH) H:\HOMEICOMMDEV\STAFF.REPI09.15.98\BwayBus.hms [September 10,1998 {3:41pmll 4-d-. RESOLUTION NO. 1..5'9 R RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN APPROPRIATION IN THE AMOUNT OF $249,000 TO ACQUIRE FORECLOSURE RIGHTS ON THE PHASE I PROPERTY OF THE FORMER BROADWAY BUSINESS HOMES PROJECT AT 760 BROADWAY WHEREAS, the Agency entered into that certain Disposition and Development Agreement (the "Development Agreement") with Broadway Village Business Homes, L.P. (the "Developer"), dated August 2, 1995, for the sale of Agency property located at 760 Broadway within the Southwest Redevelopment Project Area; and WHEREAS, the Agency sold Phase I of the site to the developer in the amount of $285,000 for the purposes of developing the project in phases; and WHEREAS, under Section 2.4a of the Development Agreement, the Developer is to present the Agency staff evidence of acceptable financing for construction of improvements; and WHEREAS, the Developer has not been able to perform under the terms and conditions of the Development Agreement and has been duly notified and acknowledged that they are in material default of the Development Agreement; and WHEREAS, specifically the Developer has failed to commence project construction on Parcell [Development Agreement Section 6.7(a) and (b)]; and WHEREAS, Developer has failed to timely acquire Parcel 2 [Development Agreement Section 2.3(b)] and has failed to pay amounts owed for hazardous materials remediation [Development Agreement Sections 3.2 and 3.3]; and WHEREAS, the first trust deed lienholder, Ixoye Agape Limited Partnership, plans to foreclose on the property; and WHEREAS, the Agency has negotiated the assignment of the first trust deed from the lienholder in the amount of $249,000; and NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista, in the interest of protecting the Agency's interest in Phase II and make available for highest and best use redevelopment opportunities in the interest of the public good, does hereby authorize an appropriation in the amount of $249,000 to acquire the Phase I property of the former Broadway Business Homes project at 760 Broadway. Presented by Ci-,~~ Chris Salomone Director of Community Development Approved as to form by IILHI H,\HOMElCOMMDEV\RESOS\BRDWY.ACQ IS'ptemb" 10. 199B ''''24 -3 . -r-'"