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HomeMy WebLinkAboutcc min 1982/02/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA. CALIFORNIA Held Tuesday, February 2, 1982 - 7 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmembers McCandliss, Scott, Gillow, Campbell Councilmen absent: None Staff present: Acting City Manager Asmus, City Attorney Lindberg, Development Services Administrator Robens The pledge of allegiance to the Flag was led by Mayor Cox, followed by a moment of silent prayer. 1.APPROVAL OF MINUTES for the meeting of January 26, 1982. MSUC (McCandliss/Scott) to approve the minutes as mailed. 2.SPECIAL ORDERS OF THE DAY a. Introduction of Council Guest - John Williams Mayor Cox introduced John Williams, Investment Advisor, and member of the Chamber of Commerce Board of Directors. b. Proclaiming the week of February 15 through February 21 as "NATIONAL PATRIOTISM WEEK" Mayor Cox presented a proclamation declaring National Patriotism Week from February 15 through 21 to Gary Thnesen, Exalted Ruler of the Chula Vista Elk's Lodge No. 2011, encouraging schools and civic organizations to plan patriotic activities. Mr. Thuesen introduced Elk's Americanism Chairman Bruce Freeman who invited Council to attend Family Night at the Elk's Lodge on February 4 when Dr. Ralph Todd will present awards to winners of the fifth grade Americanism essay contest held during Decem- ber and January throughout Chula Vista schools. 3. ORAL COMMUNICATIONS Phil Schauer, a resident of Montgomery stated that the community recent- ly celebrated the twenty-fifth anniversary of the existence of the Montgomery Fire Protection District and that invitations were sent to the Southbay communities and many fire departments within the County. Recognition ceremonies were held Friday, January 29; however, Chula Vista failed to acknowledge the anniversary by either attending the ceremonies or sending a letter of recognition. Mayor Cox explained that he received first word of the anniversary ball Friday afternoon at 3 P.M. and that he endeavored to call Councilmembers; unfortunately, due to the short notice, no one was able to attend. MSUC (Cox/Scott) to direct staff to come back with a resolution memoria- lized in framed proclamation format to be presented next week to the Chairman of the Montgomery Fire Protection District. In addition staff is directed to advise Council whether the Director of Public Safety received the invitation in the mail. 4. WRITTEN COMMUNICATIONS Request to support recommendations to the California State Legislature regardin~ the operation of San Diego Gas and Electric Company The City of Escondido has requested Chula Vista's support of their City Council Meeting -2- February 2, 1982 request for a comprehensive investigation or audit by an appropriate body established by the State Legislature of SDG&E's management practices and the rate making procedures followed by the Public Utilities Commission. John VanderLinde, District Director of the Chula Vista branch of SDG&E, stated that depending upon staff's recommendation and the extent of Council's questions, that he would be prepared to make a formal, com- prehensive presentation addressing SDG&E's profits and rate structure. Acting City Manager Asmus summarized his written report, indicating that a detailed presentation by SDG&E would be of benefit before taking any position on the recommendation to support the resolution. MSUC (Cox/McCandliss) to continue this item to a Council Conference to allow SDG&E to make a presentation to the Council before taking any action on this resolution. PUBLIC HEARINGS AND RELATED RESOLUTIONS 5. PUBLIC HEARING CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF SENIOR CITIZEN HOUSING PROJECT AT NORTHWEST CORNER OF FIFTH AVENUE ~ PARK WAY - BORDI, PALUMBO AND SUTHERLAND (DIRECTOR OF PLANNING) This being the time and place as advertised, Mayor Cox opened the public hearing. Director of Planning Peterson highlighted his staff report and summariz- ed the background of Planning Commission and Council consideration of this proposal. On January 13, 1982, the Planning Commission approved the project subject to conditions outlined in their Resolution PCC-82-4; on September 17, 1982 the Design Review Committee approved the plans subject to certain conditions. Mr. Peterson commented on the design features of the project noting that the units are all one bedroom apart- ments of approximately 530 square feet. The application deviates from the zoning ordinance in three main areas: (1) density; (2) reduction of off street parking from 48 to 40 spaces, and (3) reduction in the required set back from 25 to 10 feet. Referring to the reduced parking ratio, Director Peterson noted that the results of studies of similar projects in San Diego indicated that a ratio of one space for each 1.2 units would be satisfactory. He recommended approval of the application subject to the Planning Commission conditions of approval pertaining to age and income qualifications for rental or sale of the units. He requested that since the developer had initiated this proposal as cond- ominium units that Council approve them for sale notwithstanding restrictions contained in the recently adopted Senior Housing Development policy specifically prohibiting sales of units by developers of "affordable" housing. Director Peterson reported that there was opposition to the proposal when it was before the Planning Commission and that a petition bearing 50 signatures was submitted by neighbors expressing opposition on the basis of density; traffic; inadequate off street parking; presence of a three-story building; and fear of flooding adjacent properties because of covering of the drainage channel. The latter issue was thoroughly investigated and it was found that there was no basis for concern. Mr. Peterson responded to Council's questions concerning the parking ratio; building set back; average incomes of senior citizens in Chula Vista; 48 unit density in an R-3 zone which traditionally permits a density range of 16 to 32 units; and whether in recommending approval of the project City Council Meeting -3- February 2, 1982 staff took into consideration differing needs of senior citizens. On behalf of the applicants, George Ronis, attorney, 492 Third Avenue, commented that the project meets the philosophical and conceptual objec- tives of the ordinance and provides a solution to the problems of senior citizens in these difficult, inflationary times. He stated that to deny approval would be "unconscionable" and would be contrary to the philosophy underlying creation of the ordinance. In addition, he stated that the square footage of the units is actually 630 square feet which includes storage and a balcony for each unit. Concerning covering 25 feet of the drainage channel to gain more parking spaces Mr. Ronis indicated that the Planning Commission recommended not covering it because a flapper gate that facilitates flood control is located in that area. Mr. Ronis responded to Council's questions concerning purchase price of the units; that the developers would rent the units if it became difficult to sell them and would risk a negative cash flow in that event and that the "dilemma" of the units not selling would be borne entirely by the developer and not the City. Councilman Scott referred to the "social risks" of the units not selling because they would be out of the financial range of the majority of senior citizens and that the project would therefore not fill the need for affordable housing for the elderly population of Chula Vista. Speaking in opposition were Wallace Pressley, 351 Fifth Avenue and Dean Bowden, representing Royal Apartments, located adjacent to the proposed development. There being no further comment, either for or against, the hearing was declared closed. Council discussion ensued concerning safeguards to assure that the project would remain senior citizen housing. City Attorney Lindberg responded that the City has firm control for limiting the units to senior citizens. a. RESOLUTION NO. 10761 APPROVING PCC-82-4 FOR 48 UNIT SENIOR CITIZEN PROJECT AT FIFTH AVENUE AND PARK WAY The resolution approves construction of a three-story 48-unit rental or condominium project for senior citizens at the northwest corner of Fifth Avenue and Park Way in the R-3 zone. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved by the following vote, to wit: AYES: Cox, Gillow, Campbell NOES: McCandliss, Scott Absent: None 6. PUBLIC HEARING CONSIDERATION OF EAST COLLEGE SECTIONAL PLANNING AREA PLAN FOR 34.3 ACRES AT THE NORTHEAST CORNER OF T~LE~.APH CANYON ROAD AND OTAY LAKES ROAD; TENTATIVE SU~DIVISIONMAP FOR TELEGRAPH POINT, CHULA VISTA TRACT 82-2; CEQA FINDINGS ON EIR 80-6A; OVERRIDING CONSIDERATIONS FOR APPROVAL OF PROJECT (DIRECTOR OF PLANNING) This being the time and place as advertised, Mayor Cox opened the public hearing. Referring to his written report, Director of Planning Peterson stated that the developer proposes to subdivide the property into 11 res- idential lots and three open space lots in the P-C zone for the phased City Council Meeting -4- February 2, 1982 development of 256 condominium units. He noted that the proposal encompasses the entire East College Sectional Planning Area (SPA) of the E1 Rancho del Rey (ERDR) Specific Plan, and therefore the tentative map also qualifies as the required SPA Plan; that the proposal is consistent with the density range of 153 to 256 units contained in the ERDR Specific Plan; that significant impacts noted in the EIR have been avoided through project design features or conditions of approval. Mr. Peterson commented that 256 is the maximum density permitted in the Specific Plan and that the unit sizes range from 850 to 1300 square feet. He commented on the public street system proposed for the project, indicating that each street will have residential units on one side only (single-loaded street design) with the opposite side devoted to slope banking. Each of the eight units contains a 12 car garage and there are 210 parking spaces at the curbs (2.3 spaces for each unit). In addition, Mr. Peterson commented on staff's recommendation that contrasting paving of the private drives be required to distinguish them from the public streets and to provide additional texture to the street- scape. It was noted that the Design Review Committee deleted this as a condition of approval; however, staff strongly recommended inclusion. Mr. Peterson noted that the SPA Plan and tentative map were approved by the Planning Commission on January 13, 1982, and they recommended Council approval of the CEQA Findings and the Statement of Overriding Considerations. Pat McCardle, 3900 Harney Street, San Diego, representing applicant, Pacific Scene, stated that the proposed plan has resolved all problems previously identified in the earlier plan. He indicated opposition to the use of textured paving, stating that it will cause the price of homes to increase and will not improve the streetscape; that a concrete swale will run between the public streets and private areas, and that planters and landscaping in front of the garages will delineate public from private areas. Responding to Councilwoman McCandliss' query, Mr. Mc Cardle stated that the project will be phased over an estimated two year build-out period. Mayor Cox questioned the schedule of the Otay Lakes Road and Telegraph Canyon Road widening. Mr. McCardle responded that plans have been in Engineering for over one year and several changes have been made; that the improvements directly contiguous to Charter Point must be completed prior to occupancy of the first units, and the balance of the widening to be done prior to start of construction of the 105 units on Charter Point. The street widening is also a condition of approval of this tentative map. Mr. McCardle noted that they do not have a schedule at this time because they do not have a construction schedule for the developments. James Craig, 1688 Blackthorne Court, E1 CaJon, Civil Engineer, offered to respond to questions on behalf of Pacific Scene. Michael C. Spata, attorney representing United Enterprises, stated that there is potential for "serious and substantial" impacts which have not been addressed to the extent that they have been mitigated by the appli- cant. He stated that United Enterprises does not oppose the project in principle, however, they request a brief continuance so that engineers retained by them have the opportunity to study plans to determine if the serious impacts identified with regard to drainage flooding, soil erosion and a potential public safety hazard have been adequately mitigated. He added that at the public hearing last April to determine if there was a public necessity to widen Telegraph Canyon Road United Enterprises expressed concern over the same impacts addressed this evening. He noted that serious damage would be incurred by United Enterprises and existing homes on Telegraph Canyon Road will come dangerously close to the road after widening. He concluded his pres- entation and requested a one or two week continuance to enable his client's engineers (Longley-Cook Engineering) to assess the problems. City Council Meeting -5- February 2, 1982 City Engineer Lippitt commented that since the public hearing last April substantial changes have made been in the right-of-way plans and in addition, a new public hearing will be conducted before the acquisition is finalized. Mr. Lippitt recommended a continuance inasmuch as this was his first conversation with Mr. Spata and to afford an oppotunity to review the engineering document. MSUC (Cox/Scott) to continue this item for one week and bring it back to Council on February 9. There being no further comment, either for or against, the hearing was declared closed. a. RESOLUTION APPROVING EAST COLLEGE SECTIONAL PLANNING AREA PLAN b. RESOLUTION APPROVING TENTATIVE SUBDIVISION MAP FOR TELEGRAPH POINT (CVT 82-2) c. RESOLUTION ADOPTING CEQA FINDINGS ON EIR 80-6A AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR TELEGRAPH POINT Continued to Council meeting of February 9, 1982. 15. Report on Golf Professional Agreement (Director of Parks and Recreation) Director of Parks and Recreation Pfister in his written report to Council requested approval to negotiate a new multi-year agreement with Joe Warburton for Golf Course Professional Services. He commented on Mr. Warburton's 16 years of satisfactory service; that he has shown "enthusiam and dedication" to the Golf Course and the City. and, there- fore, that the time and effort required to seek Requests for Proposals from other ~nterested parties would not be justified. He accordingly requested approval to negotiate a new agreement without issuing RFP's. Speaking on behalf of retaining Mr. Warburton because of his excellent service were Mr. Terry Tanaka, 212 Church Avenue; Thomas O'Connor, 671 Mariposa Circle; Earl B. Johnson, 250 Bonita Glen Drive, i/D-7, all residents of Chula Vista. Cliff Roland, 1100 Industrial Boulevard, noted his concern that the Golf Course be operated to meet the City's objective of deriving revenue from the concessions, In that respect, he spoke in favor of opening the "concession" up to bid. MSUC (McCandliss/Gillow) to authorize staff to negotiate a new multiyear agreement with Mr. Warburton. At this time Council recessed from 9:10 to 9:15 P.M. RESOLUTIONS AND ORDINANCES, FIRST READING 7. RESOLUTION NO. 10762 ACCEPTING PUBLIC IMPROVEMENTS, BONITA RIDGE ESTATES, UNIT 2 (CITY ENGINEER) The resolution accepts public improvements completed by V and V Development Company for Bonita Ridge Estates, Unit 2, pursuant to agree- ment approved by Resolution 8320 dated September 14, 1976. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by City Council Meeting -6- February 2, 1982 unanimous consent, passed and approved unanimously. 8. RESOLUTION NO. 10763 ADOPTING SENIOR HOUSING DEVELOPMENTS POLICY (COMMUNITY DEVELOPMENT DIRECTOR) The resolution establishes a policy for tenancy of senior housing developments constructed under the conditional use permit process pursuant to the Senior Housing Developments Zoning Text Amendment. The policy establishes eligibility standards based upon age and income criteria for provision of affordable rental units for senior citizens. RESOLUTION OFFERED BY COUNCII2/AN GILLOW, the reading of the text was waived by unanimous consent, passed and approved unanimously. 9. RESOLUTION NO. ~07~4 APPROVING LEASE AGREEMENT WITH KOA FOR CERTAIN SURPLUS PROPERTY AND THE LANDSCAPING AND MAINTENANCE THEREOF (CITY ATTORNEY) The resolution approves lease of the lot north of the west entrance of KOA on the east side of Second Avenue in addition to smaller adjacent parcels for a period of ten years for $1,000 per year for the major parcel and an additional $200 per year for the smaller parcels. According to the terms of the lease, leesee will have right of first refusal on sale of the property at the termination of the lease period and may request purchaee of the property anytime during the leasehold period. RESOLUTION OFFERED BY COUNCILWOMAN MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. ORDINANCE NO. 1969 AMENDING SECTIONS 5.20.060 and 5.20.070 OF THE MUNICIPAL CODE TO DELETE CITIZEN AND RESIDENCY RE~UI~NT'S - FIRST READING (CITY ATTORNEY) The City Attorney noted that residency requirements have been held to violate constitutional rights of equal protection and travel par- ticularly when they restrict employment opportunities. This ordinance would eliminate the residency requirements for cardroom licensees and their employees to protect the City from potential liability. MSUC (Campbell/Cox) to place the ordinance on first reading. The reading of the text was waived by unanimous consent, passed and approved unanimously. 11. ORDINANCE NO. 1970 CITY SPONSORSHIP OF REVENUE BONDS FOR FINANCING THE PROPOSED HYSPAN MANUFACTURING PLANT IN THE CITY OF CHELA VISTA - FIRST READING (CITY ATTORNEY) At the Council meeting of January 26, 1982, Council approved a request from Hyspan Precision Products, Inc. that the City sponsor issuance of industrial development bonds for financing a proposed expoansion project in Chula Vista. Accordingly, the ordinance establishes an industrial development authority to issue such revenue bonds. MSUC (Scott/Cox) to place the ordinance on first reading; the reading of the text was waived by unanimous consent, passed and approved un- animously. On behalf of Hyspan Precision Products, Mr. William Basham, 5743 Llama Street, San Diego, commented that they have received a tentative commitment from their bank (without specifics from their Bond Counsel) and that they are proceeding very rapidly with building design. Council commented on the need for control in the future as the demand grows for this type of financing. Community Development Director City Council Meeting -7- February 2, 1982 Desrochers responded that the State of California has recently adopted criteria and that this project will have to be submitted to the designated State panel. He said that he will provide information con- cerning the criteria to Council to determine if it is sufficient to control this kind of financing mechanism. REPORT OF THE CITY MANAGER a. Acting City Manager Asmus updated Council on the status of Jimmys-on-the-Green: demolition is 80% completed; grading is completed; the building addition for the expansion will be staked tomorrow; they expect to start underground plumbing installation this week. b. Mr. Asmus reported that the City participated in the surplus cheese dist ribution program on January 6 and 7 at Norman Park and January 7 and 8 at the Senior Service Center and that 1,440 pounds of cheese were distributed. c. Mr. Asmus reported that the Joint School Board meeting has been scheduled for February 24, 1982 at 4 P.M. at Southwestern College. Joint purchasing will be an item on the agenda. REPORTS OF THE CITY OFFICERS AND DEPARTMENT HEADS 13. Report on American Youth Hostels' request to stage a Bike-a-thon (Director of Parks and Recreation) The American Youth Hostels have requested authorization to conduct a Bike-a-thon on Sunday morning, February 28, 1982, and a portion of the route passes through Chula Vista. Therefore, they have requested the City's permission and Director of Parks and Recreation Pfister recommended approval subject to staff conditions. MSUC (Scott/Cox) to approve the request subject to staff conditions. 14. Report - Short range and long range problems re~ardin~ public improvements in the Otay Valley (Community Development Director/City Engineer) At the meeting of July 21, 1981, Council directed staff to investigate the short and long range utility needs in the Otay Valley and to return with a proposal for further study. Recently, the need for such a study was emphasized by a request of an industrial land owner for creation of an assessment district to provide utilities and road improvements. The staff report noted the interest of industrial developers in the Otay Valley because of the relatively low land cost and proximity to Mexico (and the second border crossing) and noted that the lack of an overall development plan, including improvement of the Otay Valley is one of the impediments to its future development. The staff report further noted the need for a specific development plan for the area, including a master EIR, a utility capacity study based upon the specific plan and an assessment district study and also that there exists considerable support for formulation and implementation of a plan from represen~atives of the majority property owners in the valley. MSUC (Scott/Campbell) to accept the report and carry out the staff recommendation. MAYOR'S REPORT a. Mayor Cox asked Councilmembers to inform the City Manager by February 12 of any items they would like to have placed on the agenda for the Joint City Council Meeting -8- February 2, 1982 School Board meeting. COUNCIL COMMENTS a. Councilman Scott asked to be advised as far in advance as possible if Merrill, Lynch (his employer) should ever be involved or named in a City matter. b. Councilman Scott discussed the "E" Street Trolley Station, noting that MTDB is looking into it. He reconmended that the community be more aggressive and suggested a Mayor's ad hoc committee through the Chamber of Commerce which would include City Councilmembers and affected property owners in order to bring this to fruition sooner. MSUC (Scott/Cox) that the Mayor form an ad hoc Committee with com- position to be at the Mayor's discretion, noting that some of the businesses (down there) could benefit and also the Chamber of Commerce and members of the Council to direct a more rapid and positive approach to obtaining a station on "E" Street. ADJOURNMENT at 9:30 P.M. to the meeting scheduled for Tuesday, February 9, 1982 at 7 P.M. ~Jennte M. Fulasz,t CMC, City ClerkJ