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HomeMy WebLinkAboutcc min 1996/12/10 RDA MINUTES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 10, 1996 11:35 p.m. Council Chambers Public Services Building 1. ROLL CALL: ALSO PRESENT: Agency/Councilmembers John S. Moot, Stephen C. Padilia, Jerry R. Rindone, Mary Salas, and Chair/Mayor Shirley A. Hotton. John Goss, City Manager; John Kaheny, City Attorney; Patricia Schwenke, Deputy City Clerk; and Carla Griffin, Administrative Secretary. 2. APPROVAL OF MINUTES: September 17, 1996 (Joint Meeting); November 19, 1996 (Joint Meeting); November 26, 1996 (Special Joint Meeting. MSC (RindonearIorton) to approve the minutes of 9/17/96, 11/19/96 and 11/26/96, approved 4-0-0-1; Padilia abstained on the minutes of 9/17196, and Salas abstained on all minutes. BUSINESS 3. PUBLIC HEARING: TO DISCUSS THE AFFORDABLE HOUSING PROPOSAL FOR THE RANCHO DEL REY SPA Ill-Staff requests that this item be continued to the Redevelopmerit Agency meeting on December 17, 1996. (Community Development Director) MSC (Rindone/Horton) to continue to the meeting of 1/7/97, approved 4-0-0-1 with Moot abstaining. 4. PUBLIC HEARING: SUPS-96-08 - REQUEST TO ESTABLISH, OPERATE AND MAINTAIN AN OPEN AIR MARKET AT 690 L STREET IN THE IL AND IL-P ZONES - APPLICANT: VICTOR JOSEPH--The applicant is requesting permission to establish, operate and maintain an open air market at 690 L Street in the Limited Industrial and Limited Industrial - Precise Plan zones for a period of 12 to 18 months. The project site is described as approximately 144,000 sq. ft. in size. Approximately 100,000 eq. ft. will be used for the market area and 44,000 sq. ft. for parking. No permanent buildings will be built as part of the project. Several temporary buildings will be placed on-site. Staff recommends approval of the resolution denying the application. (Director of Community Development) AGENCY RESOLUTION 1523 DENYlNG A REQUEST FOR A SPECIAL USE PERMIT FOR AN OPEN AIR MARKET PROPOSED TO BE LOCATED AT 690 L STREET Lyle Haynes, Principal Community Development Specialist, stated the Community Development Department feels this project does not meet the requirements of the goals and objectives of the Southwest Redevelopment Plan. Staff is concerned with the project's visibility from the freeway and feels the economic benefits associated with it do not outweigh the zoning and land use coneeras. With regard to the three options available, staff's recommends option No. 1. If Council approves the project, staff requests Council consider option No. 3, which would add the necessary conditions to mitigate concerns with the project. Martin Miller, Assistant Planner, stated the hours of operation would be from 5:00 a.m. to 5:00 p.m., with the public allowed in the open air market from 7:00 a.m. to 3:00 p.m; this would reduce any traffic problems. He referenced condition 10 on page 4-28 of option No. 3 and indicated staff recommended deleting the second paragraph, because an arbitrator wouldn't be needed if there was a disagreement between the proponent of the Minutes December 10, 1996 Page 2 project and the zoning administrator. Staff continues to recommend an 8-foot sidewalk, conditions 4C and 4D, and condition 24. There is also a condition of approval requiring the applicant to cooperate with the Conservation Coordinator to handle trash and recyclables; it would require a litter abatement recycling and trash disposal program to eliminate litter from leaving the facility or exceeding the 50 percent source reduction re-use and recycling diversion goals mandated by the State of California. Mayor Herton indicated people do not always use the bins and requested an enforcement mechanism be in place. A concern from many of the nearby residents is the impact of parking for this project. Mr. Miller replied that staff reviewed the County of San Diego's parking standard for swap meets, and this project exceeds the County's ratio. Coancilmember Rindone stated the area is currently zoned as industrial In his opinion, this area is not a gateway to the City, and a gateway would be the public parks or commercial areas. He suggested changing the zoning to commercial, approvnig the project for a temporary use, and not penalizing the applicant by demanding unrealistic requirements such as sidewalks or paving. Motion (Rindone) to approve the project, require the indemnification for a maximum of up to 18 months, not requiring a sidewalk or pavement, requiring assurance there is a litter campaign, and direct staff to return with steps to institute commercial zoning once the conditional use permit is completed. Councilmember Salas commented this area may not be a gateway as defined under the General Plan, but a lot of the arguments by staff as to why the open air market shouldn't be there are valid and should be considered. One of the things we are trying to accomplish is to enhance the image of that area, and it cannot be done by establishing an open air market. There have been common complaints from residents in the area of the increased number of yard sales, and this project will draw more customers of that type into the neighborhood. She did not think it was fair for the residents in that community who do not want to be imposed with the yard sales for the City to exacerba/e the problem with an open air market, and she would not support this project. Mayor Herton stated the project would only be for a temporary use. It was her understanding the project wouldn't look like a regular open air market, as there would be some beautification along the sidewalk to make it more amenable to pedestrians and the neighborhood. Councilmember Rindone added that the image of the west side needs improvement, and thjs project would improve the area. Councilmember Padilia expressed that although the area is not an official gateway to Chula Vista, it is a first impression. He felt the focus should be to develop the area into something worthwhile, and he is opposed to the project. This being the time and place as advertised, the public hearing was declared open. · Rod Davis, 233 Fourth Avenue, Chula Vista, CA, Chamber of Commerce, commented that for eight years this land sat empty and was an eyesore, and die applicant wants to bring a business to Chula Vista, has already spent a large amount of money to clean up the property, and the use will only be for 18 months. He also raentioned the project would provide revenue to the City. He stated the Chamber supports the project and endorses option No. 2. · Denise Mirabile, 1290 Nacion Avenue, Chula Vista, owner of A&B Auto Electric, supports the project because it will bring exposure to her business, as well as revenue to the City. From an aesthetic viewpoint, any project for this property is an improvement over the current situation. She added that she would sopplement her income by being a vendor at the open air market. Minutes December 10, 1996 Page 3 · Cheryl Cox, 647 Windsor Place, Chula Vista, CA, supports the project, and stated it will improve the area and bring people to Chula Vista. She presented photographs showing the improvements made by the applicant to the property. · Walt Fisher, Post Office Box 3666, Chula Vista, CA, did not support or oppose the project, but point~l out the City should treat all businesses equally and apply the same restrictions and requirements on the applicant as done to Kobey's. Mr. Miller replied that a number of the conditions were taken from the Kobey's resolution of approval; however, the circumstances surrounding the approval for Kobey's was substantially different: Kobey's has over double the number of vendors, it is to the west of the MCA amphitheater, and there are differences with the operation profile and ingress and egress purposes. There being no further speakers, the public hearing was declared closed. VOTE ON MOTION: Passed and approved 3-2, with Padilia and Snlus opposed. 5. JOINT COUNCIL RESOLUTION 18503 AND AGENCY RESOLUTION 1522 APPROVING A CONTRACT WITH THE LAW OFFlCE OF BOB WILSON FOR LEGISLATIVE REPRESENTATION FOR THE 1997-98 LEGISLATIVE SESSION, AND AUTHORIZING THE MAYOR (CHAIR) TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA (REDEVELOPMENT AGENCY)--On 12/31/96, the current agreement with Advocation, lnc. expires. That agreement provided for two 2-year exteusions to coincide with the State legislative sessions, both of which were granted. In anticipation of the year-end expiration of that contract, the City issued a Request for Proposals on 9/20/96 for qualified firms for legislative representation for the period 1/1/97 to 12/31/98, with the resulting recommendation forwarded on 11/26/96 to execute a new contract with Advocation. At that meeting, Council instead directed staff to negotiate a centraet with Bob Wilson. Staff recommends approval of the resolutions. (Community Development Director) Gerald Young, Senior Management Assistant, reported that staff negotiated a contract with the Law Office of Bob Wilson and looked at the conflict of interest issue, specifically regarding the contract with National City. Under the proposed amendments, the City retains its right to primacy in its coverage by Bob Wilson; however, the City will have the option to negotiate in the event of a conflict. If the negotiated compromise is unacceptable to Council, the City will continue to have recourse to terminate the contract, receive liquidated damages, and contract with another firm. Staff and Bob Wilson concur with the recommended changes. Councilmember Padilia asked if the additional language adequately addressed the issue of other municipal jurisdictions in the County who contract with Bob Wilson. John Kaheny, City Attorney, advised this issue was addressed in the proposed amendments, and the manner in which the contract is written is designed to protect the City's best interest. Councilmember Salas expressed concern with regard to what is happening at the federal level with the block grants being awarded to the State and those funds funneling down to the local jurisdictions. While the risk of competing for those separate grants may have been remote in the past, with the current way funding is dispersed to local jurisdictions, it might create more problems than in the past. Her opinion was if the City dealt for years with an organization like Advocation and the only potential conflict was with their client (Boswell), it is quite different than a conflict arising with another municipality. She reminded Council that when protecting the best interest of the City, they should set aside their sentimentalities and fondness for a person and really look at the firm and how it can best represent the City. Minutes December 10, 1996 Page 4 Mr. Kaheny clarified that the language drafted in the contract would protect the City's interest if a conflict were to arise, and the City would have the protection for liquidated damages and be able to protect its interest by hiring another consulting tirm. COUNCIL RESOLUTION 18503 AND AGENCY RESOLUTION 1522 OFFERED BY MAYOR (CHAIR) HORTON, reading of the text was waived, ti~es read, passed and approved unanimously. Councilmember Rindone commented that while a conflict is unlikely to occur, the liquidated damages' provision would adequately provide the necessary resources to represent the City on an issue between two potential contracts with Bob Wilson's firm. He added that efforts to secure the $12 million for the Chula Vista Veterans Home is ongoing, and Senator Wadie Deddeh will continue working towards that effort. ORAL COMMUNICATIONS: None. OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORT(S): None. 7. CHAIR'S/MAYOR'S REPORT(S): None. 8. AGENCY/COUNCIL MEMBER COMMENTS: None. ADJOURNMENT The meeting adjourned at 12:33 a.m, [12/11/96]. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk Patricia Schweake, Deputy City Clerk.