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HomeMy WebLinkAboutrda min 1990/06/07 MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, June 7, 1990 Council Chambers 7:15 p.m. Public Services Buildin,~ *A special closed session meeting of the Redevelopment Agency was held at 6:00 p.m. in the Council Executive Lounge located near the Council Chambers. The topic of discussion was: Pending Litigation: SDG&E Notice of Intention and Application for Certification Proceedings Before the California Energy Commission (Pursuant to Government Code Section 54956.9(a) 1. ROLL CALL MEMBERS PRESENT: Chairman Cox; Members Moore, Nader and Malcolm MEMBERS ABSENT: Member McCandliss STAFF PRESENT: Assistant City Manager Asmus; Community Development Director Salomone; Assistant Community Development Director Gustafson; Redevelopment Coordinator Kassman; Agency Attorney Boogaard CONSENT CALENDAR (Items 2 through 5) Item 2 b. was pulled from the Consent Calendar. THE BALANCE OF THE CONSENT CALENDAR (ITEMS 2 a., 3, 4 AND 5) WAS OFFERED BY MEMBER MOORE, the reading of the text was waived by unanimous consent, passed and was approved unanimously. 2. WRITTEN COMMUNICATION a. Letter from Kimberly ~ D. Weber, Assistant Vice President, First Interstate Bank of California, 2353 W. LaPalma, Suite A, Anaheim, CA 92801, regarding the Scripps Memorial Hospital expansion project This letter indicated that a report concerning the status of the Scripps Memorial Hospital expansion project presented to the Agency on April 19 was in error concerning First Interstate Bank's cooperation in providing information to Scripps' contract business appraiser, G.R. Bill. There was miscommunications early in the process because the business appraiser was in communication with First Interstate Bank's attorney, and not the bank itself. It was recommended that staff send a letter to First Interstate acknowledging their cooperation and emphasizing Redevelopment Aqenc¥ Minutes -2- June 7~ 1990 the Agency's intention to move forward in a cooperative relationship. 3. RESOLUTION 1084 ACCEPTING CONTRACT WORK, DEMOLITION AND SITE CLEARANCE OF BUILDINGS AND OTHER IMPROVEMENTS ON 12 PARCELS OF LAND LOCATED WITHIN THE TOWN CENTRE/BAYFRONT REDEVELOPMENT PROJECT AREAS IN THE CITY OF CHULA VISTA; APPROVING CHANGE ORDER NO. 5 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE REDEVELOPMENT AGENCY On August 20, 1987, the Agency by Resolution No. 821 awarded a contract in the amount of $120,670 to Hofer and Sons for the demolition, clearing of buildings and improvements on 12 parcels. These parcels are located at various locations within the Town Centre and Bayfront Redevelopment Areas and were to be demolished as the parcels became available. The work is now completed. It was requested the Agency approve Change Order No. 5 which compensates the Contractor for increases in cost of labor, material, equipment, and overhead expenses (inflation) that occurred during the three years the Contractor waited to complete the contract. It was recommended that the Agency adopt the resolution. 4. RESOLUTION 1085 ACCEPTING CONTRACT WORK, REMOVAL AND REPLACEMENT OF PORTIONS OF EXISTING DECORATIVE CROSSWALKS IN THIRD AVENUE BETWEEN E STREET AND F STREET IN THE CITY OF CHULA VISTA On January 18, 1990, the Agency by Resolution No. 1056, awarded a contract in the amount of $20,100 for the removal and replacement of portions of existing decorative crosswalks in Third Avenue (between E Street and F Street) to D.K. Construction Company. The work is now completed. It was recommended that the Agency adopt the resolution. 5. REPORT: APPROVAL OF DESIGN FOR THE "H" STREET BUS SHELTER (CHULA VISTA CENTER) The Disposition and Development Agreement with Homart Development Company for expansion and renovation of the Chula Vista Center included a provision that the City provide a bus pull-out and shelter on "H" Street in the vicinity of Broadway. It was recommended that the Agency approve the design of the shelter and authorize staff to issue bids for construction. Chairman Cox questioned if lighting is incorporated in the design of the shelter. Assistant Planner Hernandez stated it is not Redevelopment Aqenc¥ Minutes -3- June 7~ 1990 planned to incorporate lighting at this time due to the distance involved in hooking up to electricity. However, electrical fittings will be put in for future installation of lighting. Landscape Planner Williams added that staff pursued the idea of lighting the shelter. In talking to traffic engineers regarding a power source, it was thought it may be possible to tie into the existing street light fixture which is about 10-15 feet away from the shelter. However, there was a problem with the voltage and there would be additional cost to add a meter. Based on the amount of monies available in the Capital Improvement Project, staff decided it would be cost prohibitive. Staff felt there would be adequate light from the adjacent light fixture. Responding further to questions, Mr. Williams stated there will be two benches included in the bus shelter. Chairman Cox further stated that after the project is completed, he would like the issue of lighting to be reconsidered. Transit Coordinator Gustafson indicated that after the project is completed the lighting situation could be assessed. If it is determined that additional lighting should be installed, staff could apply for additional funds. END OF CONSENT CALRNDAR ****JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL**** 6. A. COUNCIL RESOLUTION 15662 RATIFYING SECOND AMENDMENT TO AGREEMENT WITH SHUTE, MIHALY AND WEINBERGER TO PROVIDE CONSULTANT SERVICES REGARDING SDG&E AUGMENTATION PROJECT AND APPROPRIATION THEREFOR B. AGENCY RESOLUTION 1086 APPROVING APPROPRIATION TO PROVIDE AGENCY'S PORTION OF COSTS FOR SECOND AMENDMENT TO AGREEMENT WITH SHUTE, MIHALY & WEINBERGER TO PROVIDE CONSULTANT SERVICES FOR SDG&E AUGMENTATION PROJECT At its joint meeting of May 22, 1990, the Council adopted Resolution No. 15641 approving a First Amendment to Agreement regarding services to be performed by the law firm of Shute, Mihaly and Weinberger in relation to the California Energy Commission SDG&E NOI proceedings. The Council had previously approved appropriation of funds to support its portion of that agreement, contingent upon approval of the First Amendment. At that same meeting, the Agency approved its Resolution No. 1083 approving appropriation of the Agency's half of the funds to support that contract. Subsequent to those events, the SDG&E Redevelopment Aqency Minutes -4- June 7~ 1990 application for the Augmentation Project was found data adequate by the Energy Commission and an Energy Commission Workshop on the "demonstration project,, status of SDG&E's proposed Augmentation Project was scheduled for June 7, 1990 in Chula Vista. Because of the very close interrelationship between the NOI and AFC proceedings and the fact that Chris Ellison, who has associated with Shute, Mihaly and Weinberger to represent the City in the NOI proceedings, is already working on the AFC matter for another client, staff recommended amendment of the Agreement to include legal services and consulting service by air quality experts TRC with regard to the AFC proceeding. RESOLUTIONS A AND B WERE OFFERED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent, passed and was approved unanimously. 7. RESOLUTION ..... OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING TRANSMITTAL OF REDEVELOPMENT DOCUMENTS FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA, AND APPROPRIATING $25,000 FROM THE UNAPPROPRIATED BALANCE OF THE BAYFRONT/TOWN CENTRE BOND FUND FOR ASSOCIATED COSTS Chairman Cox noted this item would require a 4/5ths Vote of the Agency. Because one member is absent and two members present have potential conflict of interest with regard to this matter, this item will be docketed on the Agency agenda for Tuesday, June 12, 1990. 8. RESOLUTION ..... OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING PROCEDURES FOR THE FORMATION OF THE SOUTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE ("PAC") This item will also be docketed on the Agency agenda for Tuesday, June 12, 1990. **END OF JOINT MEETING** 9. ORAL COMMUNICATIONS Chairman Cox noted there were a number of people present in the audience who wished to address the Agency under Oral Communications regarding parking meter enforcement in the Town Centre Redevelopment Project Area. Discussion of this item was docketed as item 12 a. and 13 a. on this agenda. Chairman Cox suggested dealing with these items at this time. Redevelopment Aqenc¥ Minutes -5- June 7~ 1990 12. CHAIRMAN,S REPORT a. Discussion of Parking Meter Enforcement in the Town Centre I Redevelopment Project Area 13. MEMBERS' COMMENTS a. Downtown Redevelopment Parking (1) Merchant Parking Permits (2) Repeal of Meter Feeding Regulations (3) Extension of Time limits on Third Avenue Member Nader noted a packet of letters was provided to Agency members at this meeting from business owners and consumers in the downtown area expressing concerns about parking issues. Chairman Cox acknowledged that petitions were received at this meeting. The individuals signing the petitions were indicating the desire to have two-hour parking meters in the downtown Third Avenue strip parking area. He further stated that the Town Centre Project Area Committee met on this date and is aware of many of the complaints concerning the parking enforcement and they have asked that after the public input at the Agency meeting that they have this issue referred to them to provide a recommendation. Responding to questions, Community Development Specialist Tapia indicated that the only changes made in terms of parking meter hours were to change approximately 56 meters from two-hour limits to four-hour limits. These meters are located in parking lots 3 and 5. Parking Enforcement Officer Baker stated the ordinance pertaining to the increase of parking fees for on-street meters went into effect on May 24, 1990. On June 5, the meters located on Third Avenue from E to F Streets were changed to the new rate of $.30 per hour. The remainder of meters on Third Avenue will be adjusted in the coming weeks. Dana Birch, 400 Third Avenue, Chula Vista 92010, representing Aspen Medical, stated he would like to ask for stricter enforcement of parking meters. He receives complaints from his customers about the lack of parking. He reported that there is a good deal of "meter feeding" near his business. Mr. Birch suggested the enforcement officers use chalk to mark the tires to prevent "meter feeding". He further suggested that the 30 minute meters remain and encouraged addin~ more on the G Street side of Third Avenue. Mr. Birch proposed the Agency consider one-hour and two-hour signage on G Street between Third and Garnett to provide for an overflow traffic area. Also, he encouraged more signage in the area directing the public to the extended hour parking lots. Redevelopment Aqency Minutes -6- June 7, 1990 Chairman Cox stated staff was directed to come up with a map or pocket guide of the downtown parking areas that could be produced in quantities and made available to merchants to hand out to their customers. He questioned the status of this project. Mr. Baker reported that a recommended sample of the map/pocket guide was presented to the Town Centre Project Area Committee for approval on this date. Chairman Cox further commented concerning the need to provide better directional signage on Third Avenue directing people to the side parking lots. He questioned what is being done to address this issue? Community Development Director Salomone stated this is part of the work program being done along with the Public Information Coordinator. It is intended to bring this issue back to the Agency in later June or early July. JoAnn B. Grossglass, 1398 Lilac Avenue, Chula Vista 92011, representing South Bay Ambulatory Surgery Center, noted her concern regarding recent tickets that are being given out to their clients by the new parking enforcement officers. She suggested permit parking for employees is needed. Martin Altbaum, 255 Third Avenue, Chula Vista 92010, representing Coin Mart, stated the basic problem is that there is not enough foot traffic on Third Avenue to justify the amount of businesses that are trying to be supported. He noted the two new parking enforcement officers are very aggressive. Mr. Altbaum stated there should be a method of parking stickers. He noted his clients need to remain in his business longer than one hour. Sharon Carmody, 236-B Third Avenue, Chula Vista 92010, representing Classic Tans, commented that most merchants are strict in monitoring their employees so that they do not park on Third Avenue. She noted she has two 16 year old girls working for her and she does not like the idea of these girls walking to their cars in the dark. She also noted that the parking enforcement officers have been "over zealous" in doing their job. A lot of the businesses in the 200 block do personal service which require more than two hours to complete the service. Ms. Carmody stated she would like to see permits issued for merchants. She also suggested that the Agency repeal the regulations pertaining to "feeding meters" if the meter times are not extended. Jack Blakely, 527 Welton Street, Chula Vista, representing Jack's Sporting Goods, stated he does not believe the meters should go to two-hours. He stated he is a member of the Downtown Business Association and noted the Association is generally in favor of not going to two-hour parking. He believes the biggest problem is employees and owners parking in front of their businesses. He does not believe it is the Agency's job or the Project Area Committee,s job to get employees to park in long term parking. The Downtown Business Association is actively taking up a Redevelopment Aqencv Minutes -7- June 7r 1990 campaign of advertising. One of the ads they have been working on addresses the parking problem. He understood the goal of the parking meter enforcement effort is to get the parking meters turned over; this is being accomplished. He believes it is possible to deal with an individual business or businesses in some type of a longer term parking permit. Lou Black, 282 Third Avenue, Chula Vista 92010, commented she would like to have the meters changed to two-hours. She noted concern that the parking enforcement officers are keeping people away from Third Avenue. She stated she is going to court in the near future for receiving three parking tickets that were unwarranted. Joe Lyles, 278-C Third Ave., Chula Vista 92010, representing Joe Lyles Accounting, commented that the biggest client base is in Mexico. These clients do not understand the parking regulations of Chula Vista. His service requires a minimum of two-hours to complete, therefore, he would like to see two-hour meters. Dale Ohlau, 295 Third Avenue, Chula Vista 92010, stated he believes Third Avenue needs one-hour parking meters so people can go in and out of the different stores. Concern has been raised because there are finally enforcement officers that are doing their jobs. Don Bridwell, 278 Third Avenue, Chula Vista 91010, commented that he agrees with the concern raised by Mr. Lyles regarding addressing the concern of the Mexican-client. Chairman Cox commented that the efforts over the last couple of months addressing the parking needs downtown particularly in regards to the rate increase were long over due. He emphasized that the funds generated by the rate increases as well as by parking tickets are funds that are put back into the parking lot improvements that are currently going on. Each year for the last five years, there has been at least one parking lot that has had major improvements or major expansion. The Agency has been aggressively trying to address the parking needs of downtown. Chairman Cox suggested referring the concerns raised at this meeting to the Project Area Committee and allow them to come back with a recommendation. Chairman Cox further stated that there is responsibility on the part of the business men and women on Third Avenue to assist the City/Agency. He stated the City/Agency has not done a good job in providing the aids or assistance needed to inform customers/patrons of different areas they can park. However, hand outs will soon be available for the businesses to provide to their customers on parking lot locations. He would hope there would be a better effort on the part of the businesses to inform customers of the adjoining parking lots off-street. Redevelopment Aqenc¥ Minutes -8- June 7, 199u MOTION MS (Cox/Malcolm) to refer this issue to the Town Centre Project Area Committee for their consideration and report back to the Agency the first meeting in July. Chairman Cox noted that the Redevelopment Agency will not meet the last week of June or the first week of July (Council Policy). He further noted he would be out of town on July 19 which would be the next regular meeting of the Agency. Therefore, he suggested the Agency meet on Thursday, July 12. Member Moore commented that making the public aware of the parking areas is the key to this issue. He prefers the idea of a "pocket-size" handout listing all the parking areas. Member Moore further stated public relations is also very important and needs to be improved. Member Nader stated he believes it is incumbent upon the Agency/Council to pass the laws that meet the needs of ~11 the businesses in downtown Chula Vista as much as possible. There are some businesses that provide services that may go over one hour that have had a problem with the stepped-up enforcement. Member Nader moved to amend the motion to specifically ask the Project Area Committee to recommend (1) an appropriate area of Third Avenue for increasing the parking meter limit to two hours and/or (2) a system of making available to merchants on Third Avenue a customer parking permit that would allow them to stay for a longer period of time. Amendment to the Motion died for lack of a second. Chairman Cox stated it is his intent to refer the motion to the Project Area Committee and let them evaluate all alternatives. VOTE ON THE MOTION The motion passed unanimously. Chairman Cox asked that an item be docketed on the June 12 Agency agenda regarding setting a meeting on July 12. Chairman Cox also informed the members of the public present that the Town Centre Project Area Committee will meet on Thursday, June 21 at 8:30 a.m. in Council Conference Room. There were no further oral communications. Redevelopment Aqenc¥ Minutes -9- June 7w 1990 10. PULLED ITEMS 2. WRITTEN COMMUNICATION b. Letter from A. W. Hall, 1675 Point Reyes Court, Chula Vista, CA 92011, regarding Brandywine Industrial Center located in the Otay Valley Redevelopment Project Area. The letter from Mr. A.W. Hall, resident of Point Robinhood (adjacent to the Otay Valley Road Project Area), indicated concern over a project recently approved by the Agency at 1669 Brandywine Avenue. Mr. Hall indicates that he was not notified that the project was being reviewed by the Agency and that the bay doors along the northerly side of the proposed industrial building may create a noise problem for'nearby residents. Mr. Hall was present and addressed the Agency. He noted his dissatisfaction with the staff response with regard to his letter. He stated the process was circumvented. A letter was addressed to the Agency in regard to the subject property by his wife in 1986 and was never acknowledged. He had asked for the courtesy of being notified of projects in this area noting that he had been prominent in attempting to oversee what was coming into this area on an individual basis before Council. The Project Area Committee reviewed the project and his wife was in attendance and made her objections known. The objections were not noted or cited and were passed over. In addition, his wife is a member of the Resource Conservation Commission and was informed that she would be in conflict of interest if she voted on this issue when it came before them so she abstained. Mr. Hall further commented that nothing has been done to mitigate the noise from the existing buildings at this location. It has been a chronic problem. With this project, the problem is being moved 900 feet to the north and will be creating a similar situation. He believes the configuration of the design of this building could have been changed. Member Malcolm noted concern with the fact that Mr. Hall had asked to be informed. Member Malcolm volunteered to meet as a subcommittee with Mr. Sudberry of the Brandywine Industrial Center, to see if it is possible to get changes in the Owner Participation Agreement to deal with the concerns raised by Mr. Hall. Mr. Hall stated he would like to see the project stopped at this time. He suggested letting Sudberry Properties finish the grading, but do not permit pouring the concrete until this has been looked at. Redevelopment Aqency Minutes -10- June 7~ 1990 Responding to questions, Agency Attorney Boogaard stated that due to the fact that the Agency has already authorized and executed an Owner Participation Agreement (OPA), it places the Agency in a difficult position in order to avoid breach. It would be his recommendation to attempt to negotiate the noise mitigation measures instead of proposing a rescission or a breach of the OPA. Chairman Cox offered his assistance in meeting with Sudberry Properties along with Member Malcolm. He apologized to Mr. Hall noting the Agency was remiss in not giving specific notice on this item to him. Member Nader questioned if the OPA contains noise mitigation guidelines. Mr. Kassman stated the OPA does not; however, the Negative Declaration did include an acoustical study which was reviewed and certified by all the bodies that took action on this project. It did indicate that the anticipated noise from this type of project would fall within the decibel limits at the property line. Responding further to questions, Mr. Kassman stated the only restriction on tenancy in the OPA is restricting commercial users (to limit users to light industrial and warehousing). MOTION MS (Cox/Malcolm) direct Agency Attorney to prepare an ordinance authorizing an Agency subcommittee consisting of Chairman Cox and Member Malcolm to meet with Mr. Sudberry to raise the concerns that have been brought up by Mr. and Mrs. Hall and to seek an amenable solution to the concerns. Chairman Cox clarified that the intent of the motion is to meet with Mr. Sudberry and Mr. Hall and by a modification of the Owner Participation Agreement address the types of uses that can go into the building as well as the days and hours of operation. Mr. Hall asked to receive a copy of the 1986 decision and documents with regard to this project. VOTE ON THE MOTION The motion passed unanimously. Member Nader asked that at the next Council meeting an item be put on the agenda directing staff to bring back an ordinance modifying the distance requirements for notification. 11. DIRECTOR'S REPORT: None. Redevelopment Aqency Minutes -11- June 7~ 199u 12. CHAIRMAN's REPORT: b. Town Centre Project Area Committee Reappointments Chairman Cox stated that through a series of resignations and terms that are expiring there is a unique situation where only 2 members of the Town Centre Project Area Committee (PAC) will remain in June. Two of the people whose terms have expired, Dale Ohlau and Gary Harper, came to that committee as a result of the merging of the Parking Place Commission in 1985 with the PAC. He suggested that since they served on the PAC less than 5 years, that the Agency take the position that would allow them to be reappointed for one additional 4-year term. MOTION MSC (Cox/Nader) that the Agency make the interpretation in the case of Mr. Ohlau and Mr. Harper that because of their previous service on the Parking Place Commission their term of service on the Town Centre Project Area Committee be considered as having started in 1985 and, therefore, they would be eligible for one additional four year term on the Project Area Committee. (The vote was 3-0; Member Malcolm was not present for the vote.) Chairman Cox asked that the reappointment of Mr. Ohlau and Mr. Harper be docketed on the agenda for the next Agency meeting. MOTION MSC (Cox/Moore) refer to the Town Centre Project Area Committee for consideration a proposal to designate an ex-officio member of the Project Area Committee to represent the Downtown Business Association and one to represent the Chula Vista Shopping Center. (The vote was 3-0; Member Malcolm was not present for the vote.) Chairman Cox clarified that the intent is not to increase the size of the committee but to ensure that there will be some representation from both of the organizations to provide continuity and input. 13. MEMBER COMMENTS: None. ADJOURNMENT at 9:15 to a meeting of the Redevelopment Agency on June 12, 1990 immediately following the Council meeting. The City Council reconvened at 9:15 p.m. and adjourned into Closed Session for the purpose of giving instructions to negotiators; they adjourned from Closed Session to the next regularly scheduled meeting of Tuesday, June 12, 1990 at 6:00 Chris Salomone Community Development Director