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HomeMy WebLinkAboutrda min 1991/10/17 MINUTES A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA October 17, 1991 Council Conference Room 4:00 p.m. City Hall 1. CALL TO ORDER/ROLL CALL The meeting was called to order at 4:10 p.m. PRESENT: Mayor Nader; Members Grasser Horton, Malcolm, Moore, ABSENT: Member Rindone STAFF: Comm~lllity Development Director Salomone, Assistant Community Development Director Gustafson, Redevelopment Coordinator Kassman, Agency General Counsel Boogaard, Executive Director Goss 2. APPROVAL OF MINUTES: None submitted. CONSENT CALENDAR Items pulled: 5, 6, Chairman Nader noted that items 4, 10 and 11 would be postponed to the meeting of November 7, 1991 at 4:00 p.m. in the Council Conference Room. MSC (Nader/Malcolm) to continue items 4, 10 and 11 to the meeting of November 7, 1991 at 4:00 p.m. in the Coundi Conference Room (44-0-1 Rindone absent). MSC (Moore/Nader) to approve the balance of the Consent Caleadar (4-0-0-1 Rindone absent). 3. WRITTEN COMMUNICATIONS: None. 4. PUBLIC REPORT RESOLUTION OF NECESSITY IN ORDER TO USE ITS POWERS OF EMINENT DOMAIN TO ACQUIRE PROPERTY IDENTIFIED BY PARCEL NUMBERS 568-370-30, 568-370-31, 568-370-32, 568-370-33, 568-370-34, 568-370-40, 568-370-42, AND 568-370-47, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA MAY ADOPT A RESOLUTION OF NECESSITY 5. RESOLUTION 1205 ADOPTING NEGATIVE DECLARATION ISSUED UNDER IS.90. 53 AND APPROVING AN OWNER PARTICIPATION AGREEMENT WH~H HELEN N. CUSHMAN FOR THE DEVELOPMENT OF TWO INDUSTRIAL BUILDINGS LOCATED AT 517 SHINOHARA LANE WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA Redevelopment Agency - 2 - October 17, 1991 Minutes Redevelopment Coordinator Fred K. as.qman gave on overview of the project noting Mm. Cnshinan owns a 9.73 acm parcel at the terminus of Shinohara Lane and desires to develop two industrial buildings comprising 110,000 square feet. The proposed project has received extensive planning and design review because of its proximity to residential properties located on Oleander Avenue and Mendocino Drive. The project has been submitted to the Otay Valley Road Project Area Committee and the Design Review Committee and i~ now being presented to the Agency for consideration of an Owner Participation Agreement (OPA). Staff recommends that the Agency: (a) adopt Negative Declaration issued under IS-90-53; and Co) approve an OPA with Helen N. Cushman for the development of two industrial buildings located at 517 Shinohara Lane within the Otay Valley Road Redevelopment Project Area. Mr. Archie Hall, 1675 Pt. Reyes Court, Chula Vista 91911, noted his concerns with noise in the project area. He submitted the Otay Valley Road Project Area Committee (OVRPAC) minutes of Sept. 23, 1991, wherein the CommiRee has some concerns about the Noise Study and its ability to protect the concerns of all the property owners surrounding the project (attached and herein incorporamd as part of these minutes). Member Malcolm replied that studies had been done by the City and noted that the City has always responded promptly to any violations. Member Malcolm also pointed out that the original building and design had been submitted under the PAC and Agency guidelines. Both PAC and staff had requested that a new design be done. The City is making deviations and Mr. Clgqhmau is spending time and money to accommodate the City. The changes are appreciated and will benefit everyone involved. Member Malcolm said he wes willing to look at additional landscaping if it is necessary. This is going to be a better environment for the residents; to turn around now and ask them to do something different will make a sham out of the project. Member Malcolm noted he would commit to sending down noise enforcement officem if there were any complaints. In answer to Member Moore's questions, Ward Thompson of Tucker Sedler & Associates presented a map and description of the project. Mr. Thompson noted the situation of the doors and the significance of the slope in the area. The slope is about 65 or 70 feet from the docks. There is a good deal of landscaping to mitigate sound. There is a dense selection of low and high level planting for sound absorption, the selection is dense for sound absorption. There are sound walls and benning in the encroachment, this is within the design manual specifications for the redevelopment area. Discussion followed regarding the noise issues and clarification of wording in the OPA. It was concurred that the City has some control on noise and lights by virtue of Paragraph 7 in the OPA. Agency General Cousel Boogaard noted he would amend the sections in question as directed by the Agency. In referring to the September 23 Otay Valley Road PAC meeting, Chairman Nader requested that staff, in the future, include all minutes of committee discussions that would be relevant to Council/Agency discussion. Discussion followed on the Noise Study that had been conducted in the past and the recommendations from the PAC. Chairman Nader asked for clarification on the PAC's recommendation. It wes noted that the study had been done for the Design Review Committee. Mr. Kassman noted it was staff's and the Design Review Committee's determination that the report was adequate. There was some concern on the Otay Valley Road PAC that the study could have gone futtber or that them may have been ways of further determining whether there would be strong noise impacts. The Otay Valley Road PAC's concerns were based on those issues, not on their being opposed to the project. RESOLUTION offered by Member Malcolm. Discussion ensued with Member Malcolm noting that he was willing to require a noise study, to be paid for by the property owner, after the property becomes 80% occupied to determine compliance. He explained that this would Redevelopment Agency - 3 - October 17, 1991 Minutes be done to ensure that the noise levels are in compliance. He also noted that this type of code enforcement has got to be done by the residents; they will call the City and Code Enforcement can then be sent out. M (Malcolm) to amend the agreement to include two noise studies; one upon 80% occupancy and another one 6 months after that to ensure compliance with the noise standards. In answer to Member Moore's questious regarding revisions, Counselor Booganrd responded that he would make the appropriate adjustments to the ePA. Most appropriately, the adjustment is to be made in Exhibit B as condition L, which is incorporated into the agreement by reference to Exhibit B. The agreement proposes a single noise study and does not say when, so the agreement needs to be modified to address Mr. Malcolm's concerns. MSC (Malcolm/Moore) to accept the agreement with a requirement to determine compliance upon 80% occupancy and again 6 months later to ensure noise levels are in compliance. The City will investigate any complaints (3-0-0-2, Rindone absent, Grasser Horton ouL) Member Moore questioned the wording on Section 10, 'Developer or subsequent owner shall not allow activities to be conducted that create noise; light or other nuisances', noting that it was a vague sentence. He asked Counselor Boogaard for clarification and asked if it could be reworded. Counselor Boogaard responded that the sentence is probably not as explicit as it needs to be and that the word 'nuisances' modifies Wnoise.' He recommended a modification to the word noise, with a proper motion to amend. MSC (Malcolm/Moore) to amend Section 10 per the Agency General Counsel's recommendation (4-0-0-1, Rindone absent). Chairman Nader noted that he wanted to make sure that as pa~ of the process of doing studies, the studies would be mn by the Project Area Commltteo for their ioput and if they had any concerns, they would be passed on to this Agency. MSC (Nader/Mulcolm) that the noise studies include review by the Project Area Committee and that any concerns the PAC may have be brought to the Agency (4-0-0-1, Rindone absent). Mr. Cushman, representing Helen Cushman, the property owner, noted they have tried to meet the City's standards. They have tried to be sensitive to the area but it is difficult when neighbors are multiple and single family residences. They have spent a great amount money revising the plan. He brought to Agency's attention item 3b, noting that the time fxame needs to be readdreesed. The project was started over two years ago, 3b indicates the permit must be ptdled within one year. He requested an extension of three years. Member Malcolm stated he is willino~ to extend the time period, but thrce years is too 1eng. He indicated that this item be referred to staff, staff to bring hack that specific item and review it. MSC (Maicolm/Nader) referred hack to staff with a report back (4.0.0-1, Rindone absen0. Mr. Cushman complimented the City staff, and in particular Mr. Kassman, noting that it is a pleasure to be in a place that understands that there are property rights, and people are t~ing to work together. He also noted that his request for a time extension was based on the fact that Councils change and decide to change projects. He asked that the Agency consider this. Redevelopment Agency - 4 - October 17, 1991 Minutes 6. RESOLUTION 1206 APPROVING AGR1Z.1Z. MENT WflH ,~HEPPARD, MULLIN, RICHTER AND HAM ri'ON FOR LEGAL SERVICES RELATED TO VARIOUS REDEVELOPMENT PROJECTS AND APPROPRIATING FUNDS THEREFOR The Agency needs specialized legal services on complex issues in progress. Sheppard, Mullin, Richter and Hampton, sp~ifieally Marcia Scully, Esq., has been providing those services, but funds and contract authority have expired. This agreement allows for $20,000 for Scripps Hospital Expansion, $20,000 for the Auto Park, $20,000 for Bayfront Plan, and $30,000 for Chula Vista Center Expansion. Staff recommends that the Agency adopt the resolution approving agreement with Sbeppard, MulKn, Richter and Hampton for legal services related to various redevelopment projects and appropriate $90,000 therefore. Member Grasser Horton asked if the Agency was approving $20,000 just for the Bayfront or if they were also approving all the other amounts. Counselor Boogaard responded that the Agency was approving fimds not to exceed a total amount of $90,000; the other funds were appropriated for professional services. Member Grasser Herren requested delaying the approval of amounts for the Bayfront Plan and the Chula Vista Center Expansion until after the Council meeting on Tuesday, specifically, the report on consultants. Chairman Nader asked if, with this continuance, staff could foresee any delay in the progress of the work of the Bayfront Subcommittee. Director Salomone responded that both the Bayfront and the Chula Vista Center Expansion project are on a track with a recommendation to come before the Agency in January. A one week delay for those two would be all right. Counselor Boogaard concurred with this. MS (Grasser Horton/Nader) to approve the funding for the Scripps Hospital Expansion and the Auto Park. Chairman Nader asked if it would be possible to amend the motion to reflect that the balance of the item will be continued to Tuesday to follow the discussion of the policy on hiring. Member Grasser Horton was agreeable to this. AMENDED MOTION To approve the items as to the Scripps Hospital and Auto Park projects and to continue the balance to next Tuesday. Chainmm Nader asked Attorney Boogaard if he was allowed to vote or participate on the portion of this item that deals with the Auto Park. Mr. Boogaard responded that the Agency, in his situation, ruled that once the site was selected for the Auto Park, Chair Nader could thereafter participate because it would not expedite any further the asea of development around his old house. Chairman Nader noted that there were only three votes required on this item, but asked if Member Grasser Ho~ton would be willing to separate the Auto Park portion out of the motion. Member Grasser Herren agreed to the request. MOTION RESTATED To approve the Scripps Hospital and defer the Bayfront Plan and Chula Vista Center Expansion portions of this item to next Tuesday following the discussion on the consultant hiring procedures. VOTE ON MOTION The motion carried 3-1-0-1 (Malcolm voted no; Rindone absent). At tiffs time, Chairman Nader turned the meeting over to Member Moore and left the room. Redevelopment Agency - 5 - October 17, 1991 Minutes VOTE ON AUTO PARK PORTION The motion carried 3-0-1-1 (Nader abstained; Rindone absent). 7. RESOLUTION 1207 APPROVING AN AGREF. MENT WITtl AMS PLANNING & RESEARCH CORPORATION FOR THE PREPARATION OF A CULTURAL ARTS FACILITY FEASIBILITY ~TUDY AND APPROPRIATING FUNDS THEREFOR On July, 19, 1991 Requests for Proposals (RFP) were issued for services related to conducting a feasibility study for a cultural arts facility. Three proposals were submitted in response to that RFP. The top ranki,~g 'firm, AMS Planning & Research Corporation is recommended to conduct the feasibility study. Staff recommends that the Agency approve the agreement with AMS Planning & Research Corporation for the preparation of a cultural arts facility feasibility study and appropriate funds therefor. 8. RESOLUTION 1208 APPROV/NG AMENDMENT NO. 1 TO THE AGREEMENT WITH TORSTAN ENVIRONMENTAL SCIENCES FOR THE PROVISION OF TOXIC SUBSTANCE EVALUATION SERVICES AND APPROPRIATING $270,000 THEREFOR In February 1991 the Agency approved an agreement with TorStan Em;ironmental Sciences. The site assessment work conducted under that agreement identified potential h~7~lous substance problems on several sites. The Amendment would fund the necessary follow-up studies. Staff recommends that the Agency adopt the resolution approving Amendment No. 1 to the agreement with TorStan Environmental Sciences for the provision of toxic substance evaluation services, and appropriate $270,000 therefor. END OF CONSENT CALENDAR 9. PUBLIC HEARING BIENNIAL REVIEW OF REDEVELOPMENT AGENCY'S PROJECTS Section 33345.5 of the State Health and Safety Code (Comm~lnity Development Law) requires that the Agency hold a public hearing biennially, the purpose of which is to review and evaluate the pmgrees of each redevelopment project and to hear the testimony of all interested parties. Notice of this hearing has been published for three consecutive weeks and posted in four places within the Bayfront, Town Centre I and II, Otay Valley, and Southwest Redevelopment Project Areas. Staff recommends that the Agency conduct the public heating for the purpose of reviewing each redevelopment project and receiving public testimony. This being the time and place as advertised, Chairman Neder opened the public hearing. There being no public comments, the public hearing was closed. MSC (Malcolm/Nader) to accept the report (4-0-0-1 Rindone absent). 10. PUBLIC HEARING POSSIBLE SALE OF PARCEL NUMBERS 568-370-34, 568-370- 333, 568-370-32, 568-370-31, 568-370-48, 568-370-30, 568-370-40,568-370..42, AND 578-370-47 (LOCATED AT THE NORTHEAST CORNER OF I~lloTl~ AVENUE AND H STREET) PENDING FURTHER DISCRETIONARY APPROVALS BY THE CITY COUNCIL/REDEVELOPMENT AGENCY Redevelopment Agency - 6 - October 17, 1991 Minutes Continued to November 7, 1991. 11. PUBLIC HE R1NG CONSIDERING GRANTING A LAND USE PERMIT TO SCRIPPS MEMORIAL HOSPITAL FOR THE EXPANSION OF 'IRE EXISTING HOSPITAL, THE ADDITION OF A NEW MEDICAL OFFICE BUILDING, AND A PARKING STRUCTURE Continued to November 7, 1991. ORAL COMMUNICATIONS None. OTHER BUSINESS 12. DIRECTOR'S REPORT None. 13. CHAIRMAN'S REPORT None. 14. MEMBERS' COMMENTS None. ADJOURNMENT at 6:50 p.m. to a closed seesion to discuss acquisition of property for Civic Center Expansion, 459 F Street, Chula Vista (Parcel Number 568-110-17) pursuant to Government Code GC 54956.8 and potential disposition of Agency-owned property (leasehold intereso at 555 Broadway, Chula Vista to Homart Development Company pursuant to Government Code GC 54956.8. Closed Session adjourned at 7:20 to a special meeting of the Agency on Tuesday, October 22, 1991 at 6:00 p.m. Ommediately following City Council meeting) Council Chambers, Public Se~wices Building. Respectfully submitted,