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HomeMy WebLinkAboutcc min 1981/11/17 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday, November 17, 1981 - 7 P.M. Council Chamber, Public Services Building ROLL CALL Councilmen present: Mayor Cox, Councilmen McCandliss, Scott, Gillow Councilmen absent: None Staff present: City Manager Cole, Assistant City Manager Asmus, Development Services Administrator Robens, Assistant City Attorney Harron 1. APPROVAL OF MINUTES for the meetin§ of November 10, 1981 ~SUC (McCandliss/Scott) to approve the minutes as mailed. 2. SPECIAL ORDERS OF THE DAY Introduction of Council Guest - Thomas Northrop, Administrator, Vista Hill Hospital Mayor Cox introduced Thomas Northrop, Administrator of Vista Hill Hospital and member of the Chamber of Commerce Board of Directors. 3. ORAL COMMUNICATIONS Paul Whitten, 5960 San Miguel Road, Bonita, Chairman of the Sweetwater Community Planning Group of the County of San Diego Integrated Planning Office, read a letter from the Planning Group dated November 16, 1981, requesting that Council authorize a short term task force, to include two members of the Planning Commission, to study the regional impacts of the proposed EastLake Development prior to final review of the environmental impact report by the Planning Commission. In addition, he requested that Council extend the time frame two additional weeks to allow sufficient time for the task force to complete its study. Mayor Cox noted that the EIR has been docketed by the Planning Commission for hearing on November 18 and December 2. Council comment and discussion concerned the propriety of Planning Commissioners sitting on the task force. Assistant City Attorney Harron stated that while it would be appropriate, provided that the information studied by the task force was made available to the general public before the hearing and before voting, that there could be occasion for conflict of interest. Councilman Scott expressed hesitation in appointing Planning Commissioners because of possible conflicts of interest in acting as representatives of both the Planning Group and the Planning Commission; City Manager Cole concurred. Mr. Whitten expressed the desire of the Group to work with representatives of the community since the scope of the development will impact Bonita. Accordingly, it was recommended that two members of the Resource Conservation Commission be authorized to serve on the task force, if they so desire. MSUC (Cox/McCandliss) that the City Council authorize the Chairman of the Resource Con- servation Commission to designate two members of that body to participate in this ad hoc committee and also request that the Planning Commission continue their public hearing on December 2 to December 16 in order to accommodate the time schedule of this task force. 4. WRITTEN COMMUNICATIONS a. Request from the Association for Retarded Citizens to waive the fees for expansion of the Starlight Center A letter was received from Doris Blackman, Director of the Starlight Center, South Bay Chapter of the Association for Retarded Citizens, requesting that Council waive fees for the permits required for expansion of their facility. Fees are estimated at $80O.OO. MSUC (Gillow/Cox) to approve the request. City Council Meeting -2- November 17, 1981 4. WRITTEN COMMUNICATIONS -- Continued b. Letter from MTDB re~ardin~ funds for ~rade separation projects at "E", "F", and "L" Streets MTDB has requested information concerning the City's current position on a possible application to the Public Utilities Commission for the 1982-83 Priority List for funding of grade separation projects. MSUC (McCandliss/Gillow) to refer to staff. c. Claim against the CitS - Eracelo Zamora, 1282½ W. 23rd Street, Los Angeles, CA A claim was filed against the City by Michael Mead on behalf of his client, Eracelo Zamora, in the amount of $15,000, alleging false arrest for auto theft. MSUC (Cox/Scott) to deny the claim. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 5. PUBLIC HEARING CONSIDERATION OF REZONING APPROXIMATELY SIX ACRES AT THE NORTHWEST qUADRANT OF EAST "J" STREET AND 1-805 FROM R-I~ R-1-H AND P-C TO R-1-P (DIRECTOR OF PLANNING) Council discussion concerned whether all four related hearings should be taken at the same time or if item 5 should be taken separately, since the tentative map, precise plan and CEQA findings are contingent on the issue of rezoning. Director of Planning Peterson and City Manager Cole commented on the application of the "P, modifying zone attached to the Plan, giving proponent considerable flexibility and 'latitude. Director Peterson commented that Council has officially encouraged applicants to file all applications at the same time and has authorized a reduction in fees as an incentive; therefore, applicant ~epar~dplans in far greater detail than he would have done had heanttcipatedthat rezoning would be considered separately. He also said that information on the tentative map and precise plan may provide information pertinent to the rezoning decision. After continued comment and discussion, Council agreed by general consent to combine the hearings. Mayor Cox acknowledged the City Manager's November 13 memorandum re- garding the request for a Council Conference on the "P" zone, and asked if Council preferred to continue this application ~ntil after the Council Conference is held. Council elected not to postpone the hearings. 6. PUBLIC HEARING(S) CONSIDERATION OF PRECISE PLAN FOR DEVELOPMENT OF SIX ACRES AT THE NORTHWEST QUADRANT OF EAST "J" STREET AND 1-805 IN THE R-1-P ZONE 7. CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-3, EAST "J" STREET CONDOMINIUMS 8. CONSIDERATION OF CEQA FINDINGS FOR EAST "J" STREET CONDOMINIUMS DEVELOPMENT This being the time and place advertised, Mayor Cox opened the public hearings. Director Peterson displayed slides of the proposed development and commented on the convergence of zones in the area. He gave a history of the zoning, commencing at the time when this parcel was a part of the E1 Rancho del Rey P-C zone. Referring to the slides, he explained that applicant is requesting rezoning of approximately six acres located ~the northwest quadrant of East "J" Street and 1-805 from R-l, R-1-H and P-C to R-1-P (single family residential subject to the precise plan modifying district). Applicant has concurrently submitted a tentative subdivision map and precise plan; the precise plan was reviewed by the Design Review Committee on October 15, 1981, and it unanimously recommended Council approval of 29 units; the Environmental Impact Report (EIR-81-5-A) which was forwarded to Council on October 19, 1981, has been prepared in accordance with CEQA and State and local EIR guidelines; findings have been reduced to a level of insignificance and it is, therefore, not necessary to adopt a statement of overriding considerations. Mr. Peterson stated that in his opinion the R-1-P zone would be compatible with the neighborhood and that the "P" modifier was attached because City Council Meeting -3- November 17, 1981 of the small size of the parcel and the deep topography. He added that the "P" zone has been used successfully'in the past to group development of units on the readily developable portions of parcels, leaving the remaining areas as open space. He advised that the Planning Commission voted 5-1 to recommend that the property be placed in the R-1-P zone, and also commented on parking and street widths, and design of the plan so that buildings step-downthe hillside to minimize grading and mitigate view blockage. He further commented on the Planning Commission conditions of approval, one of which reduces the density from 29 to 23 units. He indicated that while the Commission's motion did not specify a single reason for the.reduction, discussion focused on traffic safety, view blockage, and compatibility with the adjacent residential area. Director Peterson commented that petitions were received in opposition to the development totalling 687 signatures. One petition requested that the area be declared as open space and the second requested that the property be designated either R-1-H or open space. Concerning the EIR and CEQA findings, Mr. Peterson commented that the EIR noted significant impact in five areas based on applicant's original plan which has now been modified. The conclusion of the Planning Commission and EIR Committee was that the modified plan with conditions of approval would mitigate those five findings. Mr. Peterson also projected slides specifically illustrating the impact of the devel- opment on the scenic view. The slides depicted the effect of existing homes on the south side of "J" Street in relation to the downsloped construction of the proposed units. He also responded to Council's query regarding the feasibility of development of detached single family dwellings on the small, downsloping lots comprising the parcel. Discussion ensued regarding noise attentuation and traffic safety hazards. Mr. Peterson responded to questions related to mitigation measures taken to reduce traffic hazards associated with applicant's initial plan; insulation of the homes to achieve a decibel level of 45 inside the structures; the density of 4:12 units per acre spelled out in the General Plan as the initial test of whether a development, on a preliminary basis, is consistent with the General Plan. Michael Wilkes, Project Architect, 2827 Presidio Drive, San Diego, responded to Council's questions regarding noise level data. He explained in detail that by extension of the computer model data is extrapolated to arrive at valid noise level readings for 5 PM (or any given time) on the basis of measurements taken between 1 and 3 PM. Development Services Administrator Robens concurred with the accuracy of this method and validity of the results. PROPONENTS: Michael Wilkes, Project Architect, representing the applicant; and P. J. Pountney, 6150 Mission Gorge Road, San Diego, representing civil engineers for the project. OPPONENTS: Joy Sheresh, 688 Robert Avenue, in a prepared presentation, reported the unanimous opposition of the Safety Commission and cited traffic safety hazards associated with inadequate street width of East "J", and inadequate parking. City Engineer Lippitt commented regarding the future widening of "J" Street and indicated that the right-of-way is mO feet and would accommodate a ~our-lane road. However, he said that while there is sufficient right-of-way, there are other ~rohlems and it therefore is not expected that "J" Street will be widened for a long time. He referred to Council's consideration in May of the question of declaring a oortion o~ that area as excess and pointed out the need to retain a small portion for the future. Mr. ~lilkes, Project Architect, addressed Council illustrating in detail the impact of the development on the view shed, stating that the view will be partially blocked between "J" Street and Bonita Road, but not beyond that point. He commented on the tentative map and landscape drawings, indicating willingness to work with the City's Landscape Architect to select plant materials to be maintained so as to not block the view. He also displayed slides reflecting the scale of the proposed development in City Council Meeting -4- November i7, 1981 relationship to the existing single family homes on the bluff line. Pursuant to Mr. Wilkes' request, Traffic Engineer Hansen commented on traffic safety issues and gave the results of field tests which indicate that location of the proposed access has adequate sight distance in both directions for the prevailing speeds (8b% of vehicles in the area travel at 36MPH). The Project Architect further addressed density; the desire to minimize grading; use of vegetation; access for maintenance of the land- scaped area; parking. He responded to Council questions related to his presentation of the tentative map and precise plan. SPEAKING IN OPPOSITION: Melvin Ayden, 709 Nolan Avenue, indicated that he represented a majority of residents opposed to the project and requested Council permission to have those individuals stand; Mayor Cox acknowledged his request and accordingly the over- whelming majority of the audience stood to be recognized as opposing the project; Paul Kincaid, 715 Nolan Avenue, opposed the development on the basis of traffic safety hazards; he distributed photographs to Council depicting sight distance hazards from various angles. In concluding his statements, he requested zoning to R-1-H and a limit to the number of residences since lower density would improve access and traffic safety; Joy Short, 839 Halecrest Drive, stated that the project would have a detrimental effect on the immediate area and commented specifically on zoning, density, inadequate parking and obstruction of the scenic view. George Fetter, 725 Nolan Avenue, objected on the basis of the project's incompatibility with the character, lifestyle and value of the neighborhood. He also displayed slides of existing single family homes. Jackie Payne, 339 East "J" Street, addressed the zoning and requested that Council vote on the zoning separately from the balance of the project. She commented specifi- cally against the use of the "P" modifier; displayed a transparency and slides illustrating the relationship of the development with the view line. Fred H~ Wetmore, 344 East "J" Street, pointed out the location of his house on the model, illustrating a safety hazard affecting his property relative to Mission Court; Len Hummelman, 348 East "J" Street, spoke against the project, indicating that only the developer would benefit inasmuch as hundreds of individuals have signed petitions opposing the project. Also in opposition were Ruth Ann ~orris, 750 Nolan Avenue; Robert Maxwell; Richard Stirba, 770 Nolan Avenue, who quoted portions of a letter from Gary Augustine, Vice Chairman of the Resource Conservation Commission, to the Planning Commission regarding EIR-81-5, indicating that the density and aesthetics will not be compatible with the surrounding area and pointing out that noise may be a disturbance to the residents; Ro~er Rawls, 688 Mission Court; Henry Wiley, 314 East "J" Street; Pete Smith, 540 Douglas Street. There being no further comment, either for or against, the hearings were closed. Council recessed at 9:25 and reconvened at 9:35 P.M. 5a. ORDINANCE REZONING SIX ACRES AT THE NORTHWEST QUADRANT OF EAST "J" STREET - FIRST READING Council discussion ensued on the use of the Hillside Modifying District. It was noted that the designation should apply to topography, regardless of size of the parcel. Additional comment related to use of in-filling and the Hillside designation as conflicting planning tools; the development would not necessarily contribute to the neighborhood. Regarding the R-1-H zone, Council questioned the number of single family units that could be developed on the parcel. Director Peterson responded t~at five units could be constructed; Council expressed the possibility that the area could be developed to an appropriate density of single family dwellings. MSUC ~$cott/McCandliss) to refer this back to the Planning Commission for consideration of zoning on this parcel with the recommendation to rezone it R-1-H. 6a. RESOLUTION(S} APPROVING PRECISE PLAN FOR EAST "J" SFREET CONDOMINIUMS 7a. APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 81-3, or b. EAST "J" STREET CONDOMINIUMS 8a. ADOPTING CEQA FINDINGS FOR EAST "J" STREET CONDOMINIUMS See motion on item 5. City Council Meeting -5- November 17, 1981 9. PUBLIC HEARING CONSIDERATION UF VACATION OF PUBLIC STREETS WITHIN THE TOWN CENTRE - TOWNSITE TRACT NO. 2 SUBDIVISION (CITY ENGINEER) City Engineer Lippitt stated in his staff report that as part of a plan to resubdivide the downtown area bounded by Third Avenue, Garrett Avenue, "F" and Madrona Streets, the tentative subdivision map proposed the vacation of certain portions of street right-of-way and a public alley in Block 1, Map No. 820. On August 26, 1981, the Planning Commission recommended Council approval of the tentative map (Resolution No. PCS-81-1), subject to concurrence of the utility companies at such time as the exact locations of the easements can be defined and reserved. This being the time and place advertised, Mayor Cox opened the public hearing. Judith Connely, representing Chula Vista Beauty College, 326 Center Street, stated that she has not been notified by the Redevelopment Agency of the date by which she must vacate the premises and requested that Center Street remain open until she is formally notified and her business can be relocated. City Manager Cole responded that closure of the street would not be imminent until after the exact location of the buildings is known, the utility easements are reserved, and Council passes a resolution -- sometime in the future. There be~g~no fu.rther~comment~ ei~ther~for or against, the hearing was declared closed. MSUC (Cox/Gillow) that staff return with a resolution ordering the vacation subject to concurrence by the utility companies regarding reservation of easements. 10. PUBLIC HEARING CONSIDERATION OF VACATION OF OPEN SPACE MAINTENANCE EASEMENT IN RANCHO ROBINHOOD SUBDIVISION (CITY ENGINEER) This being the time and place advertised, Mayor Cox opened the public hearing. City Engineer Lippitt explained that the City originally placed a maintenance easement over property located at the rear of Lots 89 through 93 in Rancho Robinhood Subdivision to ensure that the slopes would be maintained. Inasmuch as the property is being well maintained by the individual owners, the City has initiated vacation proceedings for the Open Space Maintenance Easement only (noting that the overlapping drainage easement on the east side of Lot 89 will be retained by the City). Council questions and discussion concerned the advantages and disadvantages of retaining the easement; the policy regarding maintenance easements; and staff time involved in retaining, administering and overseeing maintenance easements. There being no further comment either for or against, the hearing was declared closed. MSUC (Scott/McCandliss) to direct staff to return With a resolution vacating the open space easement at the rear of Lots 89 through 93 in Rancho Robinhood Subdivision. RESOLUTIONS AND ORDINANCES, FIRST READING ll. RESOLUTION NO. 10690 RELEASING LIEN FOR ASSESSMENT NO. 3, 1gl1 BLOCK ACT, PHASE XV (CITY ENINGEER) The resolution releases the lien against Parce) No. 568-030-5 inasmuch as the property owner has paid the assessment for Phase XV in full. RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. 12. RESOLUTION NO. 10691 APPROVING AGREEMENT WITH CITY OF SANTEE FOR THE PROVISION OF DATA PROCESSING SERVICES (DIRECTOR OF PROGRAM ANALYSIS AND POLICY EVALUATION) The resolution approves the proposed contract with the City of Santee for payrol) and personnel data processing services, effective January l, 1982. RESOLUTION OFFERED BY COUNCILWOMAN MC CANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. City Council Meeting -6- November l?, 1981 13. RESOLUTION NO. 10692 AUTHOi(IZING WAIVER OF BID REQUIREMENTS FOR ACQUISITION OF COMPUTER HARDWARE (ASSISTANT CITY MANAGER) The resolution authorizes waiver of the formal bidding procedure for acquisition of computer hardware for the Library computer. RESOLUTION OFFERED BY COUNCILMAN GILLOW, the reading of the text was waived by unanimous consent, passed and approved unanimously. UNANIMOUS CONSENT ITEM 13a. RESOLUTION NO. 10693 PROVIDING FOR SPECIAL APPROPRIATION OF FUNDS FOR PUBLIC EMPLOYEES RETIREMENT SYSTEM {DIRECTOR OF FINANCE) The resolution appropriates $44,510 from the General Fund to provide the Post Survivor allowance for Police Officers, effective the first pay period in January, 1982. RESOLUIION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent, passed and approved unanimously. CONTINUED MATTERS AND SECOND READING OF ORDINANCES 14. ORDINANCE NO. 1956 AMENDING THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREHENT SYSTEM - SECOND READING AND ADOPTION (DIRECTOR OF FINANCE) Assistant City Manager Asmus advised continuance, explaining that the ordinance requires a 21 day period between first and second reading. MSUC tCox/McCandliss) to continue second reading for two weeks. 15. ORDINANCE NO. 1957 AMENDING CHAPTER 8.12 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO FOOD HANDLERS TRAINING REQUIREMENTS - SECOND READING AND ADOPTION (ASSISTANT CITY MANAGER) The ordinance was placed on first reading on November 10, i981, and establishes training requirements for all food handlers in the City of Chula Vista. MSUC (McCandliss/Cox) to place the ordinance~on second reading and adoption, the reading of the text was waived by unanimous consent, passed and approved unanimously. REPORT OF THE CITY MANAGER 16. Report on Communits Service Officer and Park Warden City Mangager Cole commented on the 1981-2 budget funding for one Community Service Officer in the Police Department and one Park Warden in the Parks and Recreation Department. He recommended that the Park Warden position, which has been filled by a permanent employee~continue to be filled through June 30, 1982. In discussing formation of a volunteer Neighborhood Watch program, Mr. Cole explained that the program was developed by Leonard Moore, who has also pledged to volunteer eight hours per week to assist the Police Department in recruiting volunteers for the program. Accordingly, Mr. Cole recommended that the Community Services Officer position not be filled this fiscal year, but that the level of activity in the pYogram be increased through the volunteer program developed by Mr. Moore MSUC (Scott/Gillow) to accept the staff recommendation. Mayor Cox commended Mr. Moore for his excellent presentation, submitted as Attachment A to the City Manager's written report. b. Mr. Cole distributed the revised Council calendar of meetings scheduled through January 26, 1982. c. City Manager Cole commented on the $222 donation for trees from former Mayor Hyde and recommended purchasing permanent evergreen trees to be placed in the Civic Center area. Landscape Architect Sennett highlighted the proposal to remove two large evergreens from the Library area to place outside the entrance to City Hall, and then purchase two Canary Island pine treesrto replace those that were removed. MSUC (McCandliss/Scott) to approve the placement and the request. City Council Meeting -7- November l?, 1981 REPORTS OF CITY OFFICERS AND DEPARTMENT iIEADS 17. Report on Chula Vista Band Review Request (Director of Parks and Recreation) Director of Parks and Recreation Pfister reported that the Chula Vista Band Review has requested authorization to conduct the Third Annual par&de on Saturday, November 21, between 10 At.I and 12:30 P.M. Jerry May, on behalf of the Band Review, thanked Council for its support. MSUC {Scott/McCandliss) to approve the request subject to staff conditions. MAYOR'S REPORT 18. Discussion on procedure for fillin9 vacancS on the CitS Council {continued from the meeting of November 10, 1981) Mayor Cox stated that based upon the procedures used in the past, he suggested that Council alot one week to take applications from individuals seeking appointment to the vacant seat. MSUC (Cox/Scott) that those people who might be interested in submitting their name for consideration for a Council appointment to submit their name to the City Clerk along with any resume that they may want to include; that the cut-off be set at 5 PH next Tuesday, November 24, and next Tuesday night council ]~ecide~ )low l~o )~o¢,eed with regard to consideration of those people; and to request that individuals indicate one way or the other whether or not they would take an interim appointment. Mayor Cox pointed out that regardless of what action the Council takes, whether interim or full appointment, the seat would be up for public vote in April, along with seats 3 (Scott) and 4 (Gillow). a. Mayor Cox reported that the SANDAG forum scheduled for Saturday, November 20, has been cancelled and will be rescheduled after the first of the year. b. Mayor Cox stated that he received a request from Bill Cannon on.]~beha~f of the Danny Thomas-St. Jude Bikeathon to use a portion of the jogging trail on December 6. MSUC (Cox/Scott) to refer to staff for comment and report back at the next meeting. c. Mayor reported that he, Mr. Cole and Mr. Lippitt met with Colonel Paul Taylor, Regional Director of the Army Corps of Engineers, regarding a $50,000 shortfall for completion of the combined Environmental Impact Statement for three projects: (1) widening of I-5; (2) construction of Route 54; and (3) construction of the Sweetwater Flood Control project. Caltrans has offered approximately $100,000 to complete the report; however, Colonel Taylor indicated that if those funds were deposited directly to the Treasury Department, there is no guarantee that the money will be credited to the right fund. It was noted specifically that completion of the EIS is the only item holding up widening of Interstate 5~ MSUC (Cox/McCandliss) to direct staff to prepare a letter for the Mayor's signature expressing concern about the lack of progress on the three projects; the fact that it is so close now and that the funds apparently could be allocated by Congress on a special allocation or as a rider on any given bill; and that this letter be directed to our own Congressman, and to the other Congressmen from San Diego County and our two United States Senators. 19. COUNCIL COMMENTS a. Councilman Scott questioned whether MTDB has responded to our request regarding a trolley station at "E" Street. Development Services Administrator Robens responded that informal discussior~ have taken place and that'a report will be presented to Council which will include a staff recommendation to formalize the request to MTDB. MSUC (Scott/Gillow) that staff be directed to formalize that request to MTDB. ADJOURNMENT at 10:30 PM to the regular meeting of Tuesday, November 24, 1981, at 7 PM. JENNIE M. FULASZ, CMC, CITY CLERK BY Eli~beth W. Conti, Deputy City Clerk