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HomeMy WebLinkAboutrda min 1992/02/25 CC MINLrFES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/cI'IY COUNCIL OF THE ~11Y OF ~ VISTA Tuesday, February 25, 1992 City Council Chambers 9:34 P.M. Public Services Building CALL TO ORDER 1. ROLL CALk PRESENT: Councilmembers/Members Grasser Horton, Malcolm, Moore, Rindone, and Mayor/Chairman Nader ALSO PRESENT: John D. Goss, City Manager/Director; Bruce M. Boogaard, City/Agency Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINLrFEs: None submitted. CONSENT CAI.RNDAR (Items pulled: none) CONSENT CALENDAR Ot~'FIiRED BY COUNCILMAN MALCOLM, reading of ~he text was waived, passed and approved unanimously. 3. WRI'I-I'EN' COMMUNICATIONS: None. 4a. RESOLUTION 16527 APPROVING AGI~RI~-MENT WITH DAOU SYb-I~,4_S INC. FOR THE PURCHASE, INSTALLATION, TRAINING, AND MAINTENAN~ OF A LOCAL AREA NETWORK AND APPROVING AGI~ R{~MENT WITH SIERRA COMPUTER SYSTEMS, INC. FOR. PURCHASE, INSTALLATION AND MAINTENAN~ OF COMPIJTF~ soFrWARE FOR AUTOMATED PERMIT TRACKING S~ ~-1 ~VI, AUTHORI ZING THE MAYOR TO EXECUTE SAME, AND APPROPI~J~TING FUNDS THEREFOR (City Council Resolution) 4b. RESOLUTION 1236 APPROVING AGI~-I;~qENT WITH DAOU S~-I,~IS INC. FOR THE PUR(.~iASE, INSTALLATION, TRAINING, MAINTENANCE OF A LOCAL AREA N~-IWORK AND APPROVING AGRI~IVIENT WITH SIERRA COMPUTER SYb-i~,m_S, INC. FOR PURCHASE, INSTALLATION AND MAINTENANCE OF COMPDI-~I~SOIrI'WARE FORAUTOMATED PERMIT TRACKING SYb-I'IZM, AUTHORIZING THE CHAnlMAN TO EXECUTE SAME, AND APPROPRIATING FUNDS THEREFOR (Redevelopment Agency Resolution) - The approved FY92 CIP includes separate projects for the replacement of the WANG word processing equipment in the Word Processing Center, the purchase of an Automated Permits Tracking System, and the initial phase of securing a Geographic Information System. These projects have been partially combined in an effort to conserve City financial resources by eliminating redundant computer hardware and network cabling, as well as providing superior reliability and U'oubleshooting capabilities. It is staffs recommendation that the Council/Agency adopt the resolutions. (Directors of Building & Housing, Finance, and Systems & Programming Manger) * * END OF CONSENT CALENDAR * * Minutes February 25, 1992 Page 2 PUBLIC HEARINGS Sa. RESOLUTION 1237 APPROVING A TEMPORARY LAND USE Pl~,Mrr FOR ~ AMUSEMENTS CARNIVAL AT THE CI-IULA VISTA SHOPPING CEN~;K. MAR(X-I S THROUGH MAR(X-I 8, 1992 SPONSORED BY THE GIRLS AND BOYS CLUB OF CHULA VISTA 5b. RESOLUTION 1238 DENYING A TEMPORARY LAND USE PERMIT FOR B&B AMUSEMENTS CARNIVAL AT THE CHULA VISTA SHOPPING CENIF.2~ MARCH 5 THROUGH MARCH 8, 1992 SPONSORED BY THE GIRLS AND BOYS O..IJB OF CHULA VISTA-- B&B Amusements proposes to have a carnival at the Chula Vista Shopping Center which requires a Conditional Use Permit which was processed by the Planning Departmant. The Zoning Aamlnistrator notice resulted in letters from nearby residents expressing concerns relating to noise and traffic. As a result of these conceras, the Zoning Administrator is obligated to either hold a hearing or refer the matter to the Redevelopment Agency. Staff recommends that the Agency hold a public hearing, and accept the report approving a Conditional Use Permit. This being the time and place as advertised, the public hearing was declared open. Scott Mosher, 909 Loma View, Chula Vista, CA, representing the Boys and Girls Club stated he was available to answer any questions. There being no further public testimony, the public hearing was declared closed. RESOLUTION 1237 OFFERED BY CHAIRMAN NADER, reading of the text was waived, passed and approved manimonsly. 6. PUBLIC ~G (Continued from meeting of February 20, 1992) Chris Salomone, Director of Community Development, gave a brief overview of the project. It was an RDA project which completed the full renovation of the mall. The cost of the total project was $23.2 million with the City's share at $2.6 million. Lee Sherwood, RECON, Environmental Consultant, summarized the EIR and addendums. A second addendum had been prepared and lA-3 in the Resolution should be amended to state that. Kenneth Hocker, Director of Development, Homart Development Company, gave a brief slide presentation of r~he project. Homar~ was now fulfilling their obligation for a fou,-th anchor by bringing in the Mervyn's Deparlrnent Store. The site plan had been approved by the Design Review Committee on 2/24/92. Mayor/Chairman Nader stated the EIR did not list noise as a significant impact but he felt Commissioner Tuchscher's comments at the Planning Commission hearing were appropriate. The noise ordinance only reduced the noise to insignificant if the noise ordinance was being enforced. He would prefer to certify the EIR if it stated that any noise would be mitigated by using mall security to enforce the noise ordinance. Mr. Salomone responded that Homart had agreed to supply twenty-four hour security. Mr. Hocker stated the twenty-four hour security would be for the parking complex and would also monitor noise. Minutes Minutes February 25, 1992 February 25, 1992 Page 3 Page 3 Mayor/Chairman Nader questioned whether there would be a problem amending the EIR to reflect their commitment. Mr. Sherwood responded that noise had been identified as a nuisance level impact and not identified as significant. Therefore, mitigation would not technically be required. Councilman/Member Malcolm felt the condition could be included in the Development Agreement. Mayor/Chairman Nader agreed, as long as it was understood that it would be a condition. Gity/Agency Attorney Boogaard stated it could be made a condition of the project. Mayor/Chairman Nader questioned sidewalk access from the parking structure to the theater during the hours when the stores were dosed and if there was a provision for a walkway around the stores to alleviate the public from having to go through the parking lot. Mr. Hocker stated there was a sidewalk between Mervyn's and the existing mall, therefore people would be exiting the parking deck and through the mall to the theaters. They wouldn't need to go through the parking lot. Mayor/Chairman Nader stated it was his understanding that the cost of providing fire protection would be in additional equipment purchased and would come from funds generated by the development. John McTighe, President, John McTighe and Associates, stated that during the fiscal impact analysis they looked at the effect of fire protection and the incremental impact upon the Gity's need to provide fire protection services. Fire protection was one of the services that a major increment was added each time a station was added and then it leveled off for a number of years, on an annual basis the cost on per acre basis decreased. The first year increased then there was dropping off gradually each year consistent with other projects. Mayor/Chairman Nader referred to the sales tax guarantee which would total $2.4 million and questioned whether the IRS regulations would keep the guarantee to $1.8 million. Fred Kassman, Redevelopment Coordinator, responded that the IRS regulated the limits of the public benefit por6on of public issued bonds to 10%. Mayor/Chairman Nader questioned whether the new phase would add only $300,000 on the total guarantee until 1997 with the $600,000 kicking-in after 1997. Ken Johnson, Sheppard, Mullin, Richter, and Hampton, responded that between the two guarantees there would be a maximum liability of $1.8 million. If the first guarantee of $1.5 million was made good there would only be a guarantee of $300,000 on the new guarantee. That would only apply ff public financing was issued to f~nd the $3 million, ffnot, there would be a full $900,000 guarantee on the second guarantee. Mayor/Chairman Nader stated that when the Council was told a guarantee was being provided staff should insure that the real guarantee was provided. Councilman/Member Rindone questioned the square footage of the Mervyn's Department Store. Mr. Kassman responded that the Mervyn's would be a two story building containing 80,000 square feet. M~nutes ~ February 25, 1992 Page 4 Ben Richarson, General Manager, Chnla Vista Mall, stated the Mervyn's was comparable to the store located at Plaza Bonita. Gouncflwoman/Iqlember Grasser Horton stated the current parking at the mall was sub-standard and questioned the parking regulations for the new parking slructure and remod.eled areas. She felt the utilization of sub-standard parking gave the impression of a sub-standard shopping center. Mr. Hocker responded that anywhere work was being done, the parking was being replaced by City standard spaces. Nineteen percent would be set aside for compact cars. Mayor/Chairman Nader informed the public that the public hearing had been opened last week and had been continued to this date. There being no public testimony, the public hearing was declared dosed. City/Agency Attorney Boogaard informed the Gotmcil/RDA that the only testimony heard the previous week had been from the developer. No members of the public had testified. Councilman/Member Moore stated he had a problem when using sales tax and questioned whether this was the £~st time sales tax had been utilized. Mr. Kassman responded that the first expansion of the mall had included sales tax revenues. City/Agency Attorney Boogaard advised the Gouncil/RDA that the 'noise amendment' should be placed in Resolution 1230, page 2, as Condition 5. L~UC CMalcolm/Nader) to amend Resolution 1230 to include the 'Noise Amendment', page 2, as Condition RESOLUTION 12.34 AND 12.35 OFFERED BY COUNCILMAN/MEMBER MOORE, reading of the text was waived. City/Agency Attorney Boogaard informed Council that the resolutions were listed separately in order to assure that action was properly taken regarding the CEQA findings. He would consider combining them in the future. He then recommended the following minor adjustments: 1) include 'second addendum' in Resolution 16509 on page 2; 2) include 'second addendum', top of page 2, in Resolution 1229; 3) add 'Hank and Paul's Barber Shop' as applicable tenants, page 1, fourth recital clause, on Resolution 1231; 4) add the 'Noise Amendment' to Resolution 1230, Condition 5; 5) add 'substantially in the form that is presented' to Resolutions 16512 and 1232. IVISUC (Nader/Malcolm) to approve the recommellded eh~nge~ az presented by the City/~gency Attorney. RESOLUTIONS 16509, 1229, 1231, 1230, 1234, 16510,16511, 16512, 1232, 1233, AND 1235, O~IED BY COUNCII~dkN/MEMBER MOORE, reading of the text was waivc-~ Councilman/Member Malcolm felt the agreements demonstrated why the City needed to have consultants. He felt a better agreement could have been made if a professional negotiator had been utilized. He stated it was not the staffs fault but that of the Council/Agency due to the number of large projects that had been given to staff. Council/Agency should not expect staff to be experts in all areas. VOXE ON RE-SOLUTIONS ~ AME2qDI~D: approved unanimously. Minutes MLnutes February 25, 1992 February 25, 1992 Page 5 Page 5 IAI COUNCIL: RESOLUTION 16509 Ci~ilI~ING THE FINAL ENVIRONMENTAL I191PACT REPORT (F..IR) FOR THE CHULA VIb~A MALL EXPANSION PROJECT [EIR-91-04] SCH #91051042 -- Homart Development Company proposes to expand the Chula Vista Mall located within the Town Centre II Redevelopment Project Area by the addition of a ten-plex cinema and a Mervyn's Deparanent Store. The expansion also includes relocation of the Sav-On Drug Store and construction of a parking deck. Other improvements include the installation of new landscaping, improvement of the H and I Street entrances to the Mall, reconfiguration of parking areas, and upgrading of lighting and color in the Mall interior. The Final EIR was presented to the Resource Conservation Commission and the Town Centre Project Area Committee. The Final EIR was certified by the Planning Commission on December 18, 1991. Staff recommends that the City Council adopt the resolution certifying the Final EIR for the Chula Vista Mall Expansion project. AGENCY: RESOLUTION 1229 CER'I'IP'IqNG THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CHULA VISTA MALL EXPANSION PROJECT [EIR-91-04] SCH #91051042-- Staff recommends that the Redevelopment Agency adopt the resolution certifying the Final EIR for the Chula Vista Mall Expansion project. AGENCY: RESOLUTION 1231 FINDING THAT THE AGENCY PROPERLY AND DULY EXTENDED PARTICIPATION RIGHTS -- The Rules Governing Participation and Preferences by Owners and Tenants in the Town Centre II Redevelopment Project Area requires that non-property owners who are tenants engaged in business or residing in the Project Area will be given opportunities m remain in or to obtain reasonable preference to re-enter within the Redevelopment Area if they otherwise meet the requirements prescribed by the Plan. Staff recommends that the Agency adopt the resolution. ICI AGENCY': RESOLUTION 1230 MAKING CERTAIN FINDINGS AND GRANTING A VARIATION FROM REDEVELOPMENT PLAN STANDARDS TO THE HOMART DEVELOPMENT COMPANY FOR A REDUCTION IN REQUIRED PARKING IN CONJUNCTION WITH EXPANSION OF THE CHULA VISTA CENTER IN THE TOWN CEIVIRE Il REDEVEI~PMENT PROJECT AREA -- Homart Development Company is requesting a reduction in required parking on conjunction with their expansion plans. This requested reduction is predicated upon the concept of shared parking by complimentary land uses due to differences in activity and usage patterns. The reduction in parking spaces requires a variation from the Redevelopment Plan to allow a deviation from City Standards. Staff recommends that the Agency adopt the resolution. AGENCY': RESOLUTION 123~ ADOPTING CE(~A FINDINGS AND MrrlGATION MONITORING PROGRAM FOR THE C/-1ULAVISTA MALL EXPANSION (EIR-91~4) SC/q #91051042 -- A mitigation monitoring program has been developed in conjunction with the Environmental Impact Report and is submitted for review and approval by the Council. Staff recommends that the Council adopt the resolution. COUNCn.~ RESOLUTION 16510 ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM FOR THE CHIJLAVISTA MALL F. XPANSION (EIR-91-O4) SCH #91051042-- A mitigation monitoring program February 25, 1992 Page 6 has been developed in conjunction with the Environmental Impact Report and is submitted for review and approval by the Council. Staff recommends that the Council adopt the resolution. COUN~.~ RESOLUTION 16511 FINDING THE PROPOSED PARKING DECK'IO BE CON~t ttLl~.-t~r.D AT THE CHULA VISTA CEN'ITe~ AND FUNDED IN PART WITH REDEVELOPMENT AGENCY AND/OR ~a t x~ FUNDS IS OF B~ TO THE TOWN CENTRE H REDEVELOPMENT PROJECT AREA -- Section 33445 of Community Development Law requires that an agency may, with consent of the Legislative Body, pay all or part of the value of land or cost of installation and construction of any building or facility which is publicly owned either within or outside of the project area if the Legislative body of the City determines that the project will benefit the project area or the immediate neighborhood in which it is located and that no other reasonable means of financing the project are available to the corrLmunity. Staff recommends that the City Council adopt the resolution making these requisite findings. COUNCIL: RESOLUTION 16512 APPROVING AN ADDITIONAL SAIJLq TAX GUARANTY WITH HOMART DEVELOPMENT COMPANY FOR THE GUARANTY FOR SA! .~-q TAXES USED TO AMORTIZE FINANCING FOR THE PURPOSE OF CONSTRUCTING THE PARKING DECK AT THE CHULA VISTA CENTER -- This agreement, an extension of the previous agreement approved in April 1987, guarantees that portion of the sales tax revenue allocated towards debt payments for Certificates of Participation or other financing by the Agency in order to finance the Agency/City share of the cost of the parking deck which is part of the second expansion of the Chula Vista Mall. Staff recommends approval of the resolution. AGENCY: RESOLUTION 1232 APPROVING AN ADDITIONAL S~lJ~-q TAX GUARANTY WITH HOMART DEVELOPMENT COMPANY FOR THE GUARANTY FOR S~! ~-g TAXES USED TO AMORTIZE FINANCING FOR THE PURPOSE OF CONSTRUCTING THE PARKING DECKAT THE (X-tULAVISTA CENTER -- This agreement, an extension of the previous agreement approved in April 1987, guarantees that portion of the sales tax revenue allocated towards debt payments for Certificates of Participation or other financing by the Agency in order to finance the Agency/City share of the cost of the parking deck which is par~ of the second expansion of the Chula Vista Mall. Staff recommends approval of the resolution. [E] AGENCY: RESOLUTION 1233 APPROVING THE FIRST ADDENDUM TO THE DISPOsIllON AND DEVELOPMENT AGI~-~-MENT BY AND BETWEF.=N THE RED~PMENT AGENCY OF THE ~-1¥ OF CHULA VISTA AND THE HOMART DEVELOPMENT COMPANY FOR THE EXPANSION TO THE ~ VISTA CEN'IER -- The Agency and Homart entered into a DDA dated April 29, 1987 for expansion of the Chula Vista Center to add approximately 140,000 square feet of additional retail space and join the Sears Store to the Shopping Center. At this time Homart has proposed a second expansion to the Mall; in order to accomplish this, Homart has asked for financial contribution from the Agency/City totaling approximately $2.6 million. An addendum to the DDA has been prepared and reviewed by Agency and Homart attorneys and is being presented for Agency review and consideration for implementation of the proposed project. Staff recommends that the Agency adopt the resolution. AGENCY: ~OLUTION 1235 ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM OR THE CHULA VISTA MALL EXPANSION Minutes Minutes February 25, 1992 February 25, 1992 Page 7 Page 7 ORAL COMMUNICATIONS None. ACTION I-t]~tVlS None submitted. OTHER BUSINESS 7. DIRECTOR'S REPORT Schedule of Meetings. 8. CHAIRMAN~ REPORT - None. 9. MEMBERS' COMMENTS Councilmember/Member Grasser Horton Referred to the City of San Diego's Buyer's Assistance Program for qualified first time home buyers, which was a direct grant of up to $3,000. She requested that staff come back with a report on how the program worked and how the City could provide that type of first time service to the citizens of Chula Vista. Mr. Salomone responded that his Department was aware of the program and had already started to investigate. A report would be brought back to Council for review. ADJOURNMENT AT 10:30 p.m. to the next regular meeting of the Agency on Tuesday, March 3, 1992 at 4:00 p.m., immediately following the City Council Meeting, in the Council Chambers. Respectfully submitted, Beverly A. Authelet, CMC, City Clerk Vicki C. Soderqulst, Deputy ~ Clerk