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Home My WebLink Aboutcc min 2004/08/24 RDA MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA August 24, 2004 6:00 p.m. Adjourned Regular Meetings of the City Council and Redevelopment Agency of the City of Chula Vista were called to order at 7:31 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Agency/Councilmembers: Davis, McCann, Rindone, Salas and ChairlMayor Padilla ABSENT: Agency/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Moore, and City Clerk Bigelow CONSENT CALENDAR AgencyrnemberlDeputy Mayor Salas noted that she would abstain from voting on Item 2 due to the proximity of her residence to the downtown area. Agency/Councilmember McCann stated that he would abstain from voting on Item 5 due to the proximity of property he owns to the affected area. With regard to Item 2, Agency/Councilmember Rindone asked that future staff reports contain no reference to the former Candy Cane Lane and that staff also consider decorating Civic Center trees when the renovation project is completed. 1. APPROVAL OF MINUTES of August 3, 2004. Staff recommendation: Agency/Council approve the minutes. 2. COUNCIL RESOLUTION NO. 2004·285 AND AGENCY RESOLUTION NO. 1889, RESOLUTION OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2004 HOLIDAY LIGHTING PROGRAM; AUTHORIZING WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING $47,423 FROM THE GENERAL FUND TO PAY FOR THE PROGRAM; AWARDING A PURCHASE AGREEMENT TO DEKRA-LITE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2004 HOLIDAY LIGHTING PROGRAM (4/5THS VOTE REQUIRED) The holiday lighting program is an ongoing effort undertaken by the City to celebrate the holiday season. Since the program's inception in 1999, Dekra-Lite has decorated the downtown area with a variety of colorful holiday lights, displays, and thematic banners, including the lighting of three freeway overpasses. (Director of Community Development) Staff recommendation: Agency/Council adopt the resolution. CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004·286, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EXCHANGE OF REAL PROPERTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND FRED BORST, BORST FAMILY TRUST, AND FASK LAND, INC.; AUTHORIZING A .72-ACRE PARCEL OWNED BY THE CITY (APN NO. 644·040·11) TO BE EXCHANGED FOR AN ASSIGNABLE IRREVOCABLE OFFER OF DEDICATION FOR 7.62-ACRE PARCEL OWNED BY FRED BORST, BORST FAMILY TRUST, AND FASK LAND, INC. Adoption of the resolution approves the exchange of a 7.62·acre parcel within the Otay Valley Redevelopment Project Area for a .72-acre parcel within the Auto Park Specific Plan Area. (Director of Community Development) Staff recommendation: Agency adopt the resolution. 4. AGENCY RESOLUTION NO. 1890, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT TO ALLOW THE DEVELOPMENT OF A 22·ACRE EXPANSION ON SITE, (APN NOS. 644-040-66 AND 644·040·11) IN THE MERGED REDEVELOPMENT PROJECT AREA (FRED BORST, BORST FAMILY TRUST AND F ASK LAND, INC). Adoption of the resolution approves the owner participation agreement, which addresses the negotiable development considerations and performance requirements for the project. Special provisions pertaining to this project include dates by which site improvements, dealership construction, and dealership operations will begin. In addition, the agreement outlines issues to be addressed by the master developer, individual dealerships and the Agency/City. The agreement benchmarks will ensure the timely delivery of economic benefits and quality development of the project. (Director of Community Development) Staff recommendation: Agency adopt the resolution. 5. COUNCIL RESOLUTION NO. 2004·287 AND AGENCY RESOLUTION NO. 1891, RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003/2004 BUDGET IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The council policy on financial reporting and transfer authority requires that all departments complete the fiscal year with a positive balance in each budget summary category (Personnel Services, Supplies and Services, Other Expenses and Capital). All recommended General Fund transfers can be done using existing appropriations. Appropriations from the SR·125 Fund, Southwest Pass· Through Funds, Salt Creek Development Impact Fees, and Cypress Creek Fund are recommended. (Director of Finance) Staff recommendation: Council/Agency adopt the resolution. Page 2 Council/RDA Minutes 08/24/04 ~_._-~------~-_-.-_----_..._-----_..-------- ...------ ---_.---~- - -- -.----------- CONSENT CALENDAR (Continued) ACTION: ChairlMayor Padilla offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items 2 and 5. Item 2 was approved 4-0·1, with AgencyrnemberlDeputy Mayor Salas abstaining due to the proximity of her residence to the downtown area; and Item 5 was approved 4-0·1, with Agency/Councilmember McCann abstaining due to the proximity of property he owns to the affected area. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 6. CONSIDERATION OF AN APPEAL FROM APPLICANT OF THE DESIGN REVIEW COMMITTEE'S DECISION TO REDUCE THE HEIGHT OF THE TOWER ELEMENT OF THE PROPOSED TOYOTA DEALERSHIP PROJECT TO BE LOCATED IN THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA Sunroad Enterprises proposes to build a Toyota automobile dealership on 7.6 acres of the larger 29·acre Auto Park. Pursuant to Section VII of the Auto Park East Specific Plan, development plans for individual parcels are required to be submitted to the Design Review Committee (DRC) for review and approval prior to the issuance of building permits. The decision of the DRC is final unless appealed to the Redevelopment Agency. On August 2, 2004, the DRC reviewed and unanimously approved the overall design plans for the project but modified Condition 1 of the Notice of Decision regarding the proposed 100-foot high tower element. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. ChairlMayor Padilla opened the public hearing. Principal Community Development Specialist Tapia reviewed the proposed project and Design Review Committee actions. Community Development Director Madigan reported that letters were received ITom other auto dealers in the area expressing opposition to the tower height; however, a compromise has since been reached between the owners. She also expressed the need to create a consistent regulatory program for all the auto dealerships. Uri Feldman, representing Sunroad, stated that the company will voluntarily reduce the size of the tower to 80 feet in cooperation with the other dealers. He also stated that the company plans to break ground on grading next week, begin building in early November, and open the first week of July 2005. Page 3 CounciVRDA Minutes 08/24/04 PUBLIC HEARINGS (Continued) Aaron Feldman, also representing Sunroad, congratulated the Council and staff for running the City in an effective and efficient manner. Fred Borst, representing BorstlFask, spoke in support of the tower and endorsed the 80-foot compromise. Doug Fuller, representing Fuller Ford/Honda, as well as Tony McCune and Mr. Wesche from People's Chevrolet, stated that he was withdrawing objections to the tower height and supported the proposal as presented to the Council. He asked that the Council direct staff to revisit the CC&R's to equalize the playing field for all dealerships. Mr. Wesche, representing People's Chevrolet, stated that he had been strongly opposed to a 100- foot tower but was willing to go along with the compromise with the understanding and he and Mr. Fuller would have the opportunity to address issues with respect to their agencies. There being no further members of the audience wishing to speak, ChairlMayor Padilla closed the public hearing. ACTION: Following Council comments, Agency/Councilmember McCann offered Resolution No. 1892, heading read, text waived, as amended to approve a tower height of 80 feet and delete language requiring referral back to the Design Review Committee, and moved to direct staff to review the CC&R's to ensure consistency and equity for all the dealerships: AGENCY RESOLUTION NO. 1892 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING APPLICANT'S APPEAL OF THE DESIGN REVIEW COMMITTEE'S DECISION TO REDUCE THE HEIGHT OF THE TOWER ELEMENT OF THE PROPOSED TOYOTA DEALERSHIP PROJECT TO BE LOCATED IN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA The motion carried 5-0. 7. CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04- 03) FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT AND CONCEPTUAL TENTATIVE MAP In accordance with the requirements of the California Environmental Quality Act, the Environmental Impact Report (EIR) has been prepared to analyze the environmental impacts of the proposed Crossing commercial retail project. The Final EIR contains a summary of the comments and responses to the comments received during the public review period. (Director of Planning and Building) This hearing was combined with that for Item 8, below. Page 4 CounciVRDA Minutes 08/24/04 L_______ ___ _ - -- ---. --,....- --- .-.-. --~---- ----~----_. --------...--..---- PUBLIC HEARINGS (Continued) 8. CONSIDERATION OF A GENERAL PLAN AMENDMENT (GPA-03-ll) AND A ZONE CHANGE (PCZ-03-06) FOR LANDS LOCATED AT 4501 MAIN STREET AND APPROVING DESIGN REVIEW (DRC-03-87) FOR THE CHULA VISTA CROSSINGS COMMERCIAL RETAIL DEVELOPMENT (YACOEL PROPERTIES LLC) The applicant has requested a General Plan Amendment, Zone Change, and Design Review to allow the development of a commercial retail shopping center on the south side of Main Street and east ofInterstate 805. The proposed shopping center consists of five retail tenants and two restaurant pads, totaling approximately 189,000 square feet on a site of approximately 17.2 acres. (Director of Community Development) Notice of the hearings was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. ChairlMayor Padilla opened the public hearings simultaneously on Items 7 and 8. Senior Planner Pe presented the proposed project, and Environmental Projects Manager Guerrero presented the environmental evaluation. ChairlMayor Padilla commented that the original plans had some unique features that he would like to see re-incorporated into the project if the applicant were willing. Claude Yacoel, representing Yacoel Properties, the applicant, thanked staff for working diligently on the project and spoke in its support, stating that it will bring jobs and stimulate growth in the area, as well as attract traffic to the Auto Park. He indicated his willingness to restore a couple of graphic panels, as suggested by Chair/Mayor Padilla, to the project if the Council so desired. Phil Teyssier, representing Atomic Investments, Inc. and his family, who owns the Pacific Bell property, spoke in support of the project. Doug Fuller, representing Fuller Ford/Honda and the other Auto Park dealerships, spoke in strong support of the project, which he believed would be a major upgrade to the area. Teresa Acerro, representing the Sierra Club, stated that the project would greatly improve the area, and the developer has shown sensitivity to the area, as well. She expressed concern about traffic, development next to a sensitive zone, and Apache Services on the south side of the property. She suggested that less dense alternatives be explored and that perhaps the developers could contribute to a fund to maintain the Otay Valley Regional Park. She also believed that environmental issues related to Apache Services should be resolved before development proceeds. Community Development Director Madigan reported that discussions are underway with the applicant, Pardee Homes, Supervisor Cox and San Diego staff regarding clean-up of the site and the possibility of having it dedicated to the park. Page 5 Council/RDA Minutes 08/24/04 - -~_..._-~._--~_._- - PUBLIC HEARINGS (Continued) There being no one else wishing to speak, Chair/Mayor Padilla closed the hearings. ACTION: Agency/Councilmember Davis offered Council Resolution No. 2004-28, Council Resolution No. 2004-289 and Agency Resolution 1893 for adoption and the ordinance for first reading, headings read, texts waived, with Agency Resolution 1893 amended to direct City staff to work with the applicant on signage on the western façade and return to the Council, rather than the Design Review Committee, with revised signage plans: COUNCIL RESOLUTION NO. 2004-288, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 04-03) FOR THE CROSSINGS COMMERCIAL RETAIL PROJECT AND CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP), PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT COUNCIL RESOLUTION NO. 2004-289, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GENERAL PLAN AMENDMENT (GPA-03-II) FOR 4501 MAIN STREET FROM RESEARCH AND LIMITED MANUFACTURING TO RETAIL COMMERCIAL (YACOEL PROPERTIES, LLC). ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06) FROM LIMITED INDUSTRIAL TO CENTRAL COMMERCIAL FOR 4501 MAIN STREET (YACOEL PROPERTIES, LLC) AGENCY RESOLUTION NO. 1893, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING DESIGN REVIEW (DRC-03-87) FOR A RETAIL COMMERCIAL SHOPPING CENTER AT 4501 MAIN STREET (Y ACOEL PROPERTIES, LLC) The motion carried 5-0. OTHER BUSINESS 9. DIRECTOR/CITY MANAGER'S REPORTS There were none. 10. CHAIRlMA YOR'S REPORTS There were none. 11. AGENCY /COUNCILMEMBER COMMENTS Page 6 Council/RDA Minutes 08/24/04 ________m_____________ -'-- - ---..--------------..--------- There were none. ADJOURNMENT At 8:52 p.m., ChairlMayor Padilla adjourned the Redevelopment Agency to an Adjourned Regular Meeting on September 14,2004, at 6:00 p.m., immediately following the City Council Meeting in the Council Chambers. -~~tð~) Susan Bigelow, MMC, Ci Clerk Page 7 CounciVRDA Minutes 08/24/04