HomeMy WebLinkAboutrda min 1996/12/10 CC MINUTES OF A SPECIAL JOINT MEETING OF THE
REDEVELOPMENT AGENCY/COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, December 10, 1996 Council Chambers
11:35 p.m. Public Services Building
1. ROLL CALL: Agancy/Councilmembers John S. Moot, Stephen C. Padilla, Jerry R. Rindone, Mary
Salas, and Chair/Mayor Shirley A. Horton.
ALSO PRESENT: $ohn Goss, City Manager; John Kaheny, City Attorney; Patricia Schwanke, Deputy City
Clerk; and Carla Griffin, Aclralnistrstive Secreta~.
2. APPROVAL OF MINUTES: September 17, 1996 (Joint Meeting); November 19, 1996 (Joint Meeting);
November 26, 1996 (Special Ioint Meeting.
MSC (Rindonefltorton) to approve the minutes of 9117196, 11119/96 and 11/26/96, approved 4-0-0-1; Padilla
abstained on the minutes of 9/17/96, and Salas abstained on ali minutes.
BUSINESS
3. PUBLIC HEARING: TO DISCUSS THE AFFORDABLE HOUSING PROPOSAL FOR THE RANCHO
DEL REY SPA HI--Staff requests that this item be continued to the Redevelopment 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
Limit~,d 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 sq. 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 recommands approval of the resolution denying the application. (Director
of Community Development)
AGENCY RESOLUTION 1523 DENYING A REQUEST FOR A SPECIAL USE PERMIT FOR AN OPEN
AIR MARKET PROPOSED TO BE LOCATED AT 690 L STREET
Lyle Haynes, Principal Commtlnity Development Specialist, stated the CommRuJty 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 concerns. 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. Staffcontinues 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 Horton 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.
Councilmember 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, approving 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. Them 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
exacerbate the problem with an open air market, and she would not support this project.
Mayor Horton stated the project would only be for a temporary use. It was her undemtanding 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 this project would improve
the area.
Councilmember Padilla expressed that although the area is not an official gateway to Chula Vista, it is a flint
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 the 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 mentioned 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, sopports 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 supplement 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 pointed 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 Padilla and Sales opposed.
5. JOINT COUNCH, RESOLUTION 18503 AND AGENCY RESOLUTION 1522 APPROVING A
CONTRACT WITH THE LAW Ot~'~ICE 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 Advocetion, Inc. expires. That agreement provided for two 2-year extensions
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 contract with Bob Wilson.
Staff recommends approval of the resolutions. (Comrmlnity 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.
Councilmeraber Padilla 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. Kahany 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 firm.
COUNCIL RESOLUTION 18503 AND AGENCY RESOLUTION 1522 OgI~'/~RED BY MAYOR (CHAIR)
HORTON, reading of the text was waived, titles read, passed and approved unanimously.
Councilmember Rindone commented that while a conflict is unl/kely to occur, the liqu/dated 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 Horae is
ongohig, and Senator Wadie Deddeh will continue workhig 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].
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
Patricia Schwenke, Deputy City Clerk.