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Home My WebLink Aboutcc min 1992/02/25 RDA MINUTES OF A SPECIAL JOINT MRETING OF THE REDEVELOPIVlENT AGENCY/~rtY COUNCIL OF TI-IE CITY OF CHULA VISTA Tuesday, February 25, 3,992 City Council Chambers 9:34 P.M. Public Services Building CALL TO ORDER 1. ROLL CALk PRESENT: Councilmembers/Members Grasser Hotton, 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 MINUTES: None submitted. CONSENT CALENDAR (Items pulled: none) CONSENT CALRNDAR OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and apprnved unanimously. 3. IATRrL-L-EN COMMUNICATIONS: None. 4a. RESOLUTION 16527 APPROVING AGREEMENT WITH DAOU SYS-L-I~IS INC. FOR THE PURCHASE, INSTAIi/~TION, TRAINING, AND MAINTENANCE OF A LOCAL AREA N~L~VORK AND APPR OVING AGI~ ~MENT WITH SIERRA CO MPIJ'IT~ SYSTEMS, INC. FOR PUB. ~ IN~--r, Ai J ATION ~ MAINTENANCE OF COMPUTER SOFTWARE FOR AUTOMATED PERM1T TRA(XING SY~fEM, AUTHORIZING THE MAYOR TO EXECUTE SAME, AND APPROPRIATING FUNDS THEREFOR (City Council Resolurion) 4b. RESOLUTION 1236 APPRQVING AGREEMENT WITH DAOU SYS'I'F.M_S INC. FOR ~ PURCHASE, INSTALLATION, TRAINING, MAINTENANCE OF A LOCAL AREA NE'IWQRK AND APPROVING AGI~-~-MENT WITH SIERRA COMPUTER SYSTEMS, INC. FOR PUR~ INSTALLATION AND MAINTENANCE OF COMPUTER SOFTWARE FOP, AUTOMATED PERMIT TRACKING SYSTEM, AUTHORIZING THE CHAIRMAN TO EXECUTE SAME, AND APPROPRIATING FUNDS THEREFOR (Redevelopmerit AEencY 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 troubleshooting capabilities. It is staffs recommendation that the Counc~/Agency adopt the resolutions. (Directors of Bu~ding & Housing, Finance, and Systems & Programming Manger) * * END OF CONSENT CALENDAR * * Minutes February 25, 1992 Page 2 PUBLIC HEARINGS 5a. RESOLUTION 1237 APPROVING A TEMPORARY LAND USE PERMIT FOR B&B AMUSEMENTS CARNIVAL AT THE CHULA VISTA SHOPPING CENTER, MARCH 5 THROUGH MARCH 8, 1992 SPONSORED BY THE GIRLS AND BOYS CLUB OF CHULA VISTA 5b. RESOLLrrION 1238 DENYING A TEMPORARY LAND USE PERMIT FOR B&B AMUSEMENTS CARNIVAL AT THE CHULA VISTA SHOPPING CENTER, MARCH 5 THROUGH MARCH 8, 1992 SPONSORED BY THE GIRLS AND BOYS CLUB OF CHIJLA 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 Department. The Zoning Adminisu'ator notice resulted in letters from nearby residents expressing concerns relating to noise and U'affic. As a result of these concerns, the Zoning Adminis1~cator 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 OFPERED BY CHAIRMAN NADER, reading of the t~.xt was waived, passed and approved unanimously. 6. PUBLIC HEARING (Continued from meeting of February 20, 1992) Chris Salomone, Director of Community Development, gave a brief overvlew 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 Shenvood, RECON, Environmental Consultant, summarized the EIR and addendums. A second addendum had been prepared and 1A-3 in the Resolution should be mended to state that. Kenneth Nocker, Director of Development, Hornart Development Company, gave a brief slide presentation of the project. Homart was now fulfilling their obligation for a fourth anchor by bringing in the Mervyn's Department 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 Hornart 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 February 25, 1992 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. City/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 closed 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 City'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 IlLS regulations would keep the guarantee to $1.8 million. Fred Kassman, Redevelopment Coordinator, responded that the IRS regulated the limits of the public benefit portion 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, Shoppard, 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 if public financing was issued to fund the $3 million, if not, 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 Kindone questioned the square footage of the Mervyn's Department Store. Mr. Kassman responded that the Men, yn's would be a two story building containing 80,000 square feet. Minutes February25, 1992 Page 4 Ben Richarson, General Manager, Chula Vista Mall, stated the Mervyn's was comparable m the swre located at Plaza Bonita. Councilwoman/Member Grasser Horton stated the current parking at the mall was sub-standard and questioned the parking regulations for the new parking structure and remodeled 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 heating was declared closed. City/Agency Attorney Boogaard informed the Council/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 first 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 Council/RDA that the 'noise amendment" should be placed in Resolution 1230, page 2, as Condition 5. MSUC {Malcolm/Nader) to amend Resolution 1230 to include the 'Noise Amendment', page 2, as Condition 5. RESOLUTION 1234 AND 1235 OFPPAED BY COUNCILMAN/MEbIBER MOORE, reading of the ten 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 addendure~ 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. MSUC (Nader/Malcokn) to approve the recommended changes as presented by the City/Agency Attorney. RESOLUTIONS 16509, 1229, 1231, 1230, 1234, 16510,16511, 16512, 1232, 1233, AND 1235, OFFERED BY COUNCIIJ~aa, N/MEMBER MOORE, reading of the text was waived. 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. VOTE ON RESOLUTIONS AS AMENDED: approved unanimously. Minutes February 25, 1992 Page 5 [A] COUNCIL: RESOLUTION 16509 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CHULA VISTA MALL EXPANSION PROJECT [EIR-91-04] SCH #91051042 -- Hornart 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 Depa~h~,ent 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, recortfiguration 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 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FIR) FOR THE CHULAVISTA MALL EXPANSION PROJECT [EJR-91-04] SCH #91051042-- Staff recommends that the Redevelopment Agency adopt the resolution certifying the Final EIR for the Chula Vista Mall Expansion project. [B] AGENCY: RESOLUTION 1231 FINDING THAT THE AGENCY PROPERLY AND DULY E3a'F..NDED PARTICIPATION RIGHTS -- The Kules 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 to remain in or to obtain reasonable preference to re-enter within the Kedevelopment Area if they otherwise meet the requirements prescribed by the Plan. Staff recommends that the Agency adopt the resolution. [C] AGENCY: RESOLUTION 1230 MAKING CERTAIN FINDINGS AND GRANTING A VARIATION FROM REDEVELOPMENT PLAN STANDARDS TO THE HOMA~T DEVELOPMENT COMPANY FOR A REDUCTION IN REQUIRED PARKING IN CONJUNCTION WITH EXPANSION OF THE CHULA VISTA CENTER IN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA -- Hornart 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 Redevalopment Plan to allow a deviation from City Standards. Staff recommends that the Agency adopt the resolution. AGENCY: RESOLUTION 1234 ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM FOR THE CHULAVISTA MALL EXPANSION (EIR-91-04) SOl #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. COUNCIL: RESOLUTION 16510 ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM FORTHE CI-IULAVISTA MALL EXPANSION (EIR-91-04) SCH #91051042 -- A mitigation monitoring program Minutes 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. [D] COUNCIl,: RESOLUTION 16511 FINDING THE PROPOSED PARKING DECK TO BE CONSTRUCfF2~ AT THE CHULA VISTA CENTER AND FUNDED IN PART WITH REDEVELOPMENT AGENCY AND/OR CITY FUNDS IS OF B~T TO THE TOWN CENTRE H REDEVELOP1ViF2qT 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 community. Staff recommends that the City Council adopt the resolution making these requisite findings. COUNCIL: RESOLUTION 16512 APPROVING AN ADDITIONAL SAI.F_~ TAX GUARAN'IY WITH HOMART DEVELOPMENT COMPANY FOR THE GUARAN'IY FOR S~,I xq TAXES USED TO AMORTIZE FINANCING FOR THE PURPOSE OF CONSTRUCTING THE PARKING DECK AT THE CHULAVISTA 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 Mail. Staff recommends approval of the resolution. AGENCY: RESOLUTION 1232 APPROVING AN ADDITIONAL S~,IJ~_~ TAX GUARANTY WITH HOMART DEVELOPMENT COMPANY FOR THE GUARANTY FOR S.At .~_~ TAXES USED TO AMORTIZE FINANCING FOR THE PURPOSE OF CONb'I'I~UCTING 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 f'mance 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. [El AGENCY: RESOLUTION 1233 APPROVING THE FIRST ADDENDUM TO THE DISPOSITION AND DEVELOPMF_aNT AGRRRMENT BY AND ]~F,-I-vVEEN THE REDEVELOPIVIF. a"fF AGENCY OF THE Ci-iY OF CHULA VISTA AND THE HOMART D~PMENT COMPANY FOR THE EXPANSION TO THE CHULA VISTA CENTER -- 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 Hornart 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 Hornart 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: Minutes February 25, 1992 Page 7 RESOLUTION 1235 ADOPTING CEQA FINDINGS AND MITIGATION MONITORING PROGRAM FOR THE CHULA VISTA MALL EXPANSION ORAL COMMUNICATIONS None. ACT[ON ITEMS None submitted. OTHER BUSINESS 7. DIRECTORS REPORT Schedule of Meetings. 8, CHAIRMAN'S 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 by: Vicki C. Soderquist, Deput~it~ Clerk