HomeMy WebLinkAboutcc min 2001/10/23 MINUTES OF A REGULAR MEETiNG OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
October 23, 2001 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:06
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Salas, and Mayor Horton
ABSENT: Councilmembers: Padilla (excused)
ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore,
and City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
PRESENTATION TO THE CITY COUNCIL BY DR. EMERALD RANDOLPH AND
THE CHRISTMAS iN OCTOBER PROGRAM
Ms. Randolph thanked the following participants in the third "Christmas in October" program:
City of Chula Vista, Pacific Waste Services, plumber Steve Fuller, Atlas Termite Company,
McMillan Companies, California American Water Company, Assistant Building Director Remp,
and City Manager Rowlands. She added that 110 volunteers participated in the renovation of
nine homes.
· PRESENTATION OF A PROCLAMATION TO TEDDYE GENTRYE
PROCLAIMiNG OCTOBER 2001 AS RED RIBBON MONTH
Mayor Horton read the proclamation, and Councilmember Salas presented it to Ms. Gentrye.
· RECOGNITION OF CHULA VISTA FIREFIGHTERS WHO PROVIDED
ASSISTANCE IN NEW YORK CITY
Acting Fire Chief Perry introduced Fire Captain Paul Hyde, Engineer David Acosta, and
Firefighters Robert Bryant Jr. and David Albright, who recounted their experiences in the rescue
and recovery efforts of the September 11, 2001 attack in New York. Mayor Horton presented
plaques to the firefighters.
CONSENT CALENDAR
(Items 1 through 12)
Item # 2A was pulled for discussion by Councilmember Rindone.
1. APPROVAL OF M1NUTES of September 7, 2001.
Staff recommendation: Council approve the minutes.
CONSENT CALENDAR (Continued) --
3. ORDINANCE NO. 2845, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 2.25 ACRES
AT 25/33 NAPLES STREET FROM C-N (NEIGHBORHOOD COMMERCIAL) TO R-
3 (APARTMENT RESIDENTIAL)
The developer has requested approval to amend the General Plan designation of 25/33
Naples Street from Retail Commercial to Residential Medium, and to rezone 25/33
Naples Street from C-N (Neighborhood Commercial) to R-3 (Apartment Residential) for
the purpose of developing a 21-unit, single-family, detached condominium complex,
Country Club Villas Tentative Subdivision Map PCS-01-10. (Director of Planning and
Building)
Staffrecommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE NO. 2846, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE AMENDED AND
RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE EASTLAKE COMPANY, LLC, FOR EASTLAKE III (TRAILS,
WOODS, VISTAS, BUSINESS CENTER PHASE II, OLYMPIC TRAINING CENTER
AND "LAND SWAP" PARCELS)
The proposed amendment to the Amended and Restated Development Agreement
incorporates the recently adopted EastLake III General Development Plan (GDP) and
Sectional Planning Area, which changes the maximum number of permitted dwelling
units in the Woods and Vistas neighborhoods, and modifies the park acreage requirement
within the EastLake III GDP area. It also changes the ownership of lands covered under
this agreement to the Eastlake Company as the sole owner of the parcels involved.
(Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
5. RESOLUTION NO. 2001-348, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REQUEST FROM THE CHULA VISTA
HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE CHULA VISTA
SCHOOL FOR THE CREATiVE AND PERFORMING ARTS TO CONDUCT THE
FIFTH ANNUAL BAND REVIEW, AUTHORIZING TEMPORARY STREET
CLOSURES, AND WAIVING CITY FEES FOR POLICE SERVICES
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct an
organized annual band review on Saturday, November 10, 2001. (Chief of Police)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2001-349, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PURCHASE AGREEMENT IN THE
AMOUNT OF $105,064.05 FOR PANASONIC TOUGH-BOOK COMPUTERS TO BE
UTILIZED WITH THE PUBLIC WORKS OPERATIONS' WORK MANAGEMENT
AND INFRASTRUCTURE MANAGEMENT SYSTEMS, TO CDCE, 1NC.
Page 2 - Council Minutes 10/23/01
CONSENT CALENDAR (Continued)
The City Council previously approved the Public Works Information Systems
Modernization/Expansion CIP project (GG171). Due to the growth of the City,
technology needs to be upgraded and expanded to provide for better maintenance
management of the City's infrastructure. Bids for the purchase of Panasonic Tough-book
Computers were opened on September 10, 2001. Eight potential bidders were contacted,
and only one bidder responded. The bid was also advertised in The Star News and
Computer Edge magazine. No local vendors submitted a bid. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7 A. RESOLUTION NO. 2001-350, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CALLING AND G1VING NOTICE OF THE HOLDING OF
A GENERAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, MARCH 5,
2002, FOR THE ELECTION OF A MAYOR AND TWO MEMBERS OF THE CITY
COUNCIL, AS REQU1RED BY THE PROVISIONS OF THE CHULA VISTA
CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
THE CONDUCT OF ELECTIONS
B. RESOLUTION NO. 2001-351, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 5, 2002
C. RESOLUTION NO. 2001-352, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO
PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE
CONDUCT OF THE GENERAL MUNICIPAL ELECTION FOR THE CITY OF
CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWlDE PRIMARY
ELECTION TO BE HELD ON MARCH 5, 2002
The purpose of the March 5, 2002 General Municipal Election is to select a Mayor and
two Members of the City Council to fill Seats 1 and 2 for full terms consisting of four
years, commencing December 2002. The proposed resolutions are required to give notice
of the election, adopt regulations for candidates and request election services from the
Registrar of Voters. (City Clerk)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2001-353, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AS
IMPRACTICAL AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A
PURCHASE ORDER IN THE AMOUNT OF $430,000 TO EXP@NETS FOR THE
PURCHASE AND INSTALLATION OF A TELEPHONE SWITCH
Page 3 - Council Minutes 10/23/01
CONSENT CALENDAR (Continued)
In March 2001, Council approved a contract with Exp~Nets for the maintenance of the
City's telephone switches, one located at the Civic Center and the other one at the
corporation yard. The contract is for one year with an option for seven additional one-
year periods. As part of that bid, staff asked for prices for maintenance services, as well
as the purchase price of many components that may need to be added to the system at a
future date. Mom than 75% of the components that will be purchased as part of the new
phone switch were covered in that bid. Exp~Nets provided the best overall response to
the bid and was awarded the contract. Exp~Nets has done an excellent job for the City
under the current contract. As part of the replacement for the telephone switch at the
Civic Center, the City will receive a warranty for parts and maintenance for one year, and
it is in the City's best interest to purchase the equipment and have the warranty covered
by the vendor who is responsible for the maintenance of the remaining equipment.
(Director of Management and Information Services)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2001-354, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUPPORTING THE SANDAG REGION2020 GROWTH
MANAGEMENT STRATEGY AND SMART GROWTH PRINCIPLES
The San Diego Association of Governments (SANDAG) has recently held a series of
meetings with local elected officials and staff in the region's cities and county
government regarding how to implement the REGION2020 Growth Management
Strategy, and has requested that these jurisdictions adopt a resolution in support of the
strategy and the smart growth principles it promotes. SANDAG made its presentation to
the Chula Vista City Council on July 24, 2001, and the Planning Commission was also
invited to attend the presentation. The City Council directed staff to place REGION2020
on a future agenda for the purpose of considering adoption of SANDAG's model
resolution supporting the REGION2020 program. Council also directed staff to consider
identification of commitments that the City might make to implement REGION2020
locally. SANDAG is requesting local resolutions and commitments prior to a regional
summit, which will be held in February 2002. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
10 A. RESOLUTION NO. 2001-355, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP FOR TIVOLI VILLAS,
CHULA VISTA TRACT NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA 10A) OF
THE CITY OF CHULA VISTA; ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SA1D
SUBDIVISION; ACCEPTING LOT "A" FOR PUBLIC PARK AND OTHER PUBLIC
PURPOSES; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT;
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Minutes 10/23/01
CONSENT CALENDAR (Continued)
B. RESOLUTION NO. 2001-356, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR TIVOLI VILLAS, CHULA
VISTA TRACT NO. 01-03, SUNBOW UNIT 14 (PLANNING AREA 10A) OF THE
CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolutions approves a Final Map for Tivoli Villas, Tract No. 01-03.
Said map shows Lot One for residential development and Lot "A" for park purposes.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
11 A. RESOLUTION NO. 2001-357, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP FOR R-47/C-1/CPF-1 OF
CHULA VISTA TRACT NO. 96-04A, OTAY RANCH VILLAGE 1, SPA ONE;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA ANY AND ALL
ABUTTER'S RIGHTS OF ACCESS IN AND TO EAST PALOMAR STREET,
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; TERMINATING,
VACATING, AND ABANDONING THE RELINQUISHMENT OF ABUTTER'S
RIGHT OF ACCESS IN AND TO EAST PALOMAR STREET, DEDICATED TO THE
CITY PER MAP NO. 13990; AND ACKNOWLEDGING THE OFFER OF
DEDICATION OF 8.12 ACRES FOR PUBLIC PARK AND OTHER PUBLIC
PURPOSES
B. RESOLUTION NO. 2001-358, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL
SUBDIVSION AGREEMENT FOR R-47/C-1/CPF-1 OF CHULA VISTA TRACT NO.
96-04A, OTAY RANCH VILLAGE ONE, SPA ONE, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves a Final Map for the Heritage Town Center mixed
use project in Otay Ranch, Village One. The map consists of four numbered lots and one
open space lot. Proposed development of the 10.23-acre site includes 271 affordable
housing units, 91 of which are for seniors; 30,000 square feet of office/commercial/retail
space; a service station; and day care center. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
12 A. RESOLUTION NO. 2001-359, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP FOR CHULA VISTA TRACT
NO. 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2, C-3/R-45, ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE
PUBLIC, A PORTION OF EAST PALOMAR STREET, AND VACATING AN
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF
CHULA VISTA OVER LOT 2 OF MAP NO. 13649 AND A PORTION OF EAST
PALOMAR STREET
Page 5 - Council Minutes 10/23/01
CONSENT CALENDAR (Continued) -
B. RESOLUTION NO. 2001-360, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FINAL MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 98-04,
MCMILL1N OTAY RANCH SPA ONE, PHASE 2, C-3/R-45, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves a Final Map for McMillin Otay Ranch SPA One,
Phase 2, C-3/R-45 of Chula Vista Tract 98-04. Said map contains a portion of a public
street and two condominium lots, which will require subsequent Design Review approval
of the proposed project. Lot 1 contains a maximum of 27 units, and Lot 2 contains a
maximum of 45 units. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
ACTION: Deputy Mayor Davis moved to add to the Consent Calendar a request for an
excused absence for Councilmember Padilla. Councilmember Rindone seconded
the motion and offered Consent Calendar Items 1 and 3 through 12, headings
read, texts waived. The motion carried 4-0.
2. WRITTEN COMMUNICATIONS
A. Petition from residents on Quintard Street in Chula Vista, requesting the
installation of curbs, gutters and sidewalks on Quintard Street, between Third and -
Orange Avenues.
Staff recommendation: The petition be received, and the petitioners be
encouraged to attend a public meeting scheduled for October 24, 2001 at the
South Chula Vista Library.
Councilmember Rindone asked for information about the public meeting on October 24, 2001.
Public Works Director Lippitt explained that when the petition was received, the public meeting
had already been scheduled by Engineering staff, and staff's recommendation, therefore, was
that the petition be received and the residents encouraged to attend the community meeting.
ACTION: Councilmember Rindone moved to approve staff's recommendation on Consent
Item #2A. The motion carded 4-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARiNGS
13. CONSIDERATION OF APPROVAL OF THE FINAL SECOND-TIER
ENVIRONMENTAL IMPACT REPORT (EIR 01-02), AMENDMENTS TO THE
CHULA VISTA GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT
PLAN AMENDMENTS, SECTIONAL PLANNING AREA PLAN, TENTATIVE MAP,
AND RELATED DOCUMENTS FOR OTAY RANCH, VILLAGE ELEVEN -
(APPLICANTS: THE MCMILL1N COMPANIES AND BROOKFIELD SHEA OTAY)
Page 6 - Council Minutes 10/23/01
PUBLIC HEARiNGS (Continued)
The McMillin Companies and Brookfield Shea Otay, in conjunction with the City, have
applied to amend the City's General Plan Land Use, Circulation Elements and the Otay
Ranch General Development Plan for Villages Seven, Nine, Ten, Eleven, and Planning
Area Twelve. The proposed amendments will realign Hunte Parkway and EastLake
Parkway, and eliminate portions of Birch Road and Patrick Drive. Brookfield Shea Otay,
LLC has requested approval of a new Sectional Planning Area Plan and associated
regulatory documents for Village Eleven in Otay Ranch. (Director of Planning and
Building)
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.
Environmental Project Manager Lundsedt presented an overview of the environmental process
and final Environmental Impact Report (EIR) contents, which included the following notable
project issues: transportation/traffic circulation with or without State Route 125; project impacts
and mitigation; cumulative impacts and mitigation; sewer; Salt Creek interceptor; and a
temporary pumping alternative. Ms. Lundsedt stated that there were no significant impacts at the
conclusion of the EIR.
Principal Planner Rosaler presented the proposed changes and ownership for the Otay Ranch
adopted General Development Plan (GDP) and amendments.
Associate Planner Whipple presented the SPA plan and Village II Tentative Subdivision Map.
Mayor Horton asked for an explanation of the Resource Conservation Commission's split vote
(4-2) to approve the amended GDP. Ms. Lundsedt replied that one Commissioner did not
explain the reason for his objection; and the second member's objection related not to the
adequacy of the EIR but rather to a personal opinion regarding regional traffic issues on
Interstate 1-805. Mayor Horton asked why the Council had not received the minutes of the
meetings of the Planning and Resource Conservation Commissions. Mr. Rosaler replied that
there was insufficient time to prepare the Planning Commission's minutes for inclusion in the
Council packets; Ms. Lundsedt responded that the omission of the Resource Conservation
Commission's minutes was an oversight by staff.
Councilmember Salas asked about the timeframe to complete the first three phases versus the
time it will take to site a university in the region. Mr. Rosaler replied that the Otay Ranch
phasing would be within the year 2010 to 2015 timeframe. Councilmember Salas stated that she
would like to see other options developed should the university not be sited, such as reserving
the area for major industrial space or a regional technology park. Planning and Building Director
Leiter informed the Council that the current proposal reflects what was in the originally adopted
1993 GDP, and staffwould be reviewing such issues with the update of the City's General Plan.
C0uncilmember Rindone expressed c0ncem that the proposed "neckd0wns" might create
additional traffic congestion. Mr. Rosaler replied that staff believed that by having two 12-foot
travel lanes and two 8-foot parking lanes, traffic speeds would be kept under control, and the
lane widths would provide for easier traffic flow. Councilmember Rindone recommended that
the Council remain open to continual review and evaluation for future projects. In response to
Councilmcmber Rindone's question, Mr. Rosaler replied that there is a commitment by the City
to work with the school districts to meet their demands and with property owners to locate school
facilities equitably.
Page 7 - Council Minutes 10/23/01
PUBLIC HEAR1NGS (Continued)
Mayor Horton opened the public hearing.
Katy Wright, representing Sweetwater Unified High School District, spoke in support of the
project and the relocation of the high school, and she thanked the developer for meeting his
mitigation responsibilities.
Kim Kilkenny, representing Otay Ranch Company, expressed concern regarding the high school
relocation and what may become of Village 7. With its existing burden of multiple ownerships,
elementary and middle schools, and the possibility of a 70-acre community park, Mr. Kilkenny
believed that the village would become a public use village. He expressed further concern that,
should the university choose not to locate in Chula Vista and the area is developed into
residential villages, there would be a need for a high school on the east side of SR-125. He
requested that a high school site be designated as a permitted use within the secondary use under
the university site. Mr. Kilkenny also requested that a 75-foot wide regional green belt be
established through Villages 11, 12, and 7 in order to provide a consistent and equitable width
throughout the villages.
John Norman, representing Brookfield Shea, concurred with staff's recommendations and spoke
in support of Mr. Kilkinney's request for a 75-foot wide greenbelt.
Mr. Rosaler informed the Council that the greenbelt areas are under consideration by staff and
will be brought forward to Council at a later date with the projects.
Robert Pletcher, representing McMillin Companies, informed the Council that although he
supported the project and the General Plan Amendment, many of the issues in Villages 6 and 7
and planning area 12 had not yet been resolved, such as the location of a high school in either
Village 7 or 8, the width of the village greenbelt, and the distribution of land uses.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION: Mayor Horton offered Resolution Nos. 2001-361 through 2001-364 for adoption
and Ordinance No. 2847 on first reading, headings read, texts waived:
RESOLUTION NO. 2001-361, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 01-02) FOR THE OTAY
RANCH GENERAL DEVELOPMENT PLAN AMENDMENTS/VILLAGE
ELEVEN SECTIONAL PLANN1NG AREA PLAN AND CONCEPTUAL
TENTATIVE MAP WITH ITS ATTENDANT ADDENDUM; MAKING
CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Page 8 - Cotmcil Minutes 10/23/01
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2001-362, RESOLUTION OF THE CITY COUNCIL OF
THE CITY CHULA VISTA APPROVING AMENDMENTS TO THE CHULA
VISTA GENERAL PLAN AND THE 2001 AMENDMENTS TO THE OTAY
RANCH GENERAL DEVELOPMENT PLAN AND ASSOCIATED
REGULATORY DOCUMENTS FOR APPROXIMATELY 1,540 ACRES
LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF FUTURE STATE
ROUTE-125 AND WEST OF THE SALT CREEK OPEN SPACE CORRIDOR
RESOLUTION NO. 2001-363, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING
AREA (SPA) PLAN, AND SUPPORTING REGULATORY DOCUMENTS,
INCLUDING VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE
PLAN, AND AFFORDABLE HOUSING PROGRAM INVOLVING 489
ACRES OF LAND KNOWN AS OTAY RANCH, VILLAGE ELEVEN
ORDINANCE NO. 2847, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OTAY RANCH, VILLAGE ELEVEN
RESOLUTION NO. 2001-364, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION
MAP FOR VILLAGE ELEVEN OF THE OTAY RANCH
The motion carried 4-0.
At 7:59 p.m., Mayor Horton announced a brief recess. She reconvened the meeting at 8:10 p.m.
14. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT (PCC-00-
16) - A PROPOSAL BY THE VILLAGE CARD ROOM TO MODIFY THEIR
EXISTING CONDITIONAL USE PERMIT AND INCREASE THE ALLOWED
NUMBER OF CARD TABLES FROM 10 TO 12, WITH A MAXIMUM OF 126
PLAYERS, TO SERVE ALCOHOLIC BEVERAGES ALONG WITH FOOD, AND TO
PROVIDE A 24~HOUR, 7-DAYS A WEEK OPERATION WITH VALET PARKING
REQUIRED ON THE SITE. (APPLICANT: HAVEY SOUZA, DBA VILLAGE
CLUB)
The Village Card Room currently operates ten card tables; two are used for "21st Century
California-Style Blackjack", and the other eight are used for poker. The Winner's Circle
Cocktail Lounge has been closed since February 2000 and would now be remodeled for
use as a waiting and eating area, as well as for placing the three "Pai-Gow" tables, which
allow up to 15 persons per table. No alcoholic beverages have been served since the
closure of the bar. A new Alcoholic Beverage Control license will allow for the sale of
liquor, beer and wine, along with food from 5:00 p.m. until 2:00 a.m., seven days a week.
(Director of Planning and Building)
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.
Page 9 - Council Minutes 10/23/01
PUBLIC HEAR1NGS (Continued) _
Associate Planner Phelps explained the proposed request of the Village Club Card Room.
Mayor Horton opened the public heating.
Peter Watry, 81 Second Avenue, stated that he would be sad to see the Conditional Use Permit
approved, since he believed that it would hurt the west side of the City.
Michael Green, 227 Third Avenue, representing the applicant, Harvey Sousa, confirmed that Mr.
Sousa had withdrawn his previously submitted letter since his concerns had been addressed.
Scott Alvey, 901 Avenida Ysidora, supported the proposal, stating that he believed the Sousas to
be outstanding citizens and good business people.
John Moot, 2512 Secret Canyon Place, stated that the Sousas have established a record of trust
with the citizens in the community, and the gaming plan is designed for ultimate control by the
City.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
Councilmember Salas expressed concern that the proposed change to no bet limits may affect the
"Mom and Pop" atmosphere of the business.
Councilmember Rindone asked Police Chief Emerson to share his recommendations and analysis
of the CLIP process. Police Chief Emerson responded that the City's stringent gaming plan
allows for what the applicant is requesting, and the City has significant controls in place on the
applicant through the plan.
Councilmember Rindone questioned what the outcome would be should there be any violations
by the applicant. Assistant City Attorney Googins explained that the plan allows for fines and
the opportunity for the City to suspend or revoke the license to game in the City.
Councilmember Rindone provided a historical perspective of card rooms in Chula Vista. He
then questioned whether or not the applicant would pursue additional parking. Harvey Sousa,
applicant, 3810 Valley Vista Road, Bonita, stated that he was mindful of the need for additional
parking and that he had viewed tandem parking as a possibility but felt the best option would be
to have additional parking spaces.
Councilmember Salas pointed out that the property is a non-conforming use with regard to
development standards, and the City does not normally allow non-conforming uses to be altered
in any way. She stated that she could not find sufficient evidence for the two following findings
of fact: 1) "The proposed use in the present location is necessary or desirable to provide a
service or facility that will contribute to the general well-being of the neighborhood or
community,"; and 2) "Granting of the CUP will not adversely affect the general plan of the City
or adopted plan of any government agency." She stated that approval of the CUP was not in line
with Council priorities that were set for the revitalization of Broadway and Third Avenue, and
that the continuing use of the card room would not attract the kind businesses that the Council -
would want to see in the area.
Page 10 - Council Minutes 10/23/01
PUBLIC HEARINGS (Continued)
Deputy Mayor Davis commented that the City has allowed exceptions for non-conforming uses
in the past, citing the example of Humphrey's Mortuary, a non-conforming use that was allowed
to expand and relocate.
ACTION: Deputy Mayor Davis then offered Resolution No. 2001-365, heading read, text
waived:
RESOLUTION NO. 2001-365, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT
MODIFYING THE EXISTING PERMIT TO ALLOW THE EXPANSION OF
THE EXISTING CARD ROOM FACILITY, INCLUDING CLASS II GAMING,
AT THE VILLAGE CLUB CARD ROOM, LOCATED AT 429 BROADWAY
The motion carried 3-1, with Councilmember Salas voting no.
OTHER BUSINESS
15. CITY MANAGER'S REPORTS
City Manager Rowlands announced a Council workshop regarding economic development
strategies scheduled for November 15, 2001, at 4:00 p.m., in the Council Conference Room.
16. MAYOR'S REPORTS
A. Ratification of appointment to the Economic Development Commission - Scott
Vinson Ex-Officio
ACTION: Mayor Horton moved to approve the ratification of Scott Vinson to the Economic
Development Commission. Deputy Mayor Davis seconded the motion, and it
carded 4-0.
Mayor Horton requested a report within 30 days on sidewalk improvements on Third Avenue,
between Anita Street and Orange Avenue.
17. COUNCIL COMMENTS
A. Deputy Mayor Davis: Direction to staff to return with recommendations on
establishing a Campaign Finance Reform Committee, consisting in part, of City
Councilmembers.
Deputy Mayor Davis requested that the City Attorney prepare language to clean up current
problems with the campaign finance ordinance and provide recommendations on the
establishment of a sub-committee to review the ordinance in total.
Councilmember Rindone stated that he had not yet received a response to his request of the City
Attorney regarding the development of an ordinance relating to safety and security on
elementary, middle and high school campuses.
Councilmember Rindone referenced a Council information item dated October 23, 2001 from
Assistant City Manager Powell, and he commended Mr. Powell for his efforts toward obtaining
financial security for the City.
Page 11 - Council Minutes 10/23/01
CLOSED SESSION
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. Tuchscher Development Enterprises, Inc. v. City of Chula Vista (case no. GIC
758620)
B. Itam Plastering, Inc. v. City of Chula Vista (case no. IS 5571)
This item was not discussed.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
ACTION: Direction was given to Counsel.
ADJOURNMENT
At 9:55 p.m., Mayor Horton adjourned the meeting to a Regular Meeting on November 6, 2001,
at 4:00 p.m. in the Council Chambers.
Respectfully submitted,
Susan Bigelow, CMC/AAE, City Clerk
Page 12 - Council Minutes 10/23/01