HomeMy WebLinkAboutcc min 1988/01/12 At 6:30 p.m., City Council met in Closed Session to discuss:
Sierra Club vo Marsh
Sierra Club v. Coastal Commission
Potential Litigation
Personnel Matters
U.S. Fish & Wildlife Service v. Chula Vista, et al.
MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL
DF THE CITY OF CHULA VISTA
Tuesday, January 12, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Councilmembers Nader, Malcolm, Mayor Cox,
Councilman Moore
MEMBERS ABSENT: Councilwoman McCandliss
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris, City
Attorney Harron
PLEDGE OF ALLEGIANCE T~ THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MSUC /Malcolm/Moore) to approve the Minutes of the regular meeting
of January 5, 1988.
2. SPECIAL ORDERS OF THE DAY
a. Presentation by Golden State Mobilehome Owners, Inc.
Cliff Roland, llO0 Industrial Boulevard, presented a plaqu~ from
the Golden State Mobilehome Owners, Inc. to Mayor Cox for the City
Council in recognition of their support of the mobilehome owners
and the park owners.
Mayor Cox expressed Council's pointed out that the mobilehome park
residents are a very important part of the community and expressed
appreciation for the residents' active involvement in an =mportant
life style.
b. Presentation by the Regional Task Force on the Homeless Ms.
Blair Barnes
Blair Barnes, 655 Fourth Avenue, Coordinator of the Tnterfaith
Shelter Network, gave a general overview of the County-wide
program to provide temporary rotatlonal shelter unit sites to
homeless persons and to homeless families in an effort toward
stability and goal-oriented encouragement.
MINUTES 2 January 12, 1988
City Manager Goss presented the Task Force recommendations that
the issue be referred to staff for a report relative to building
uses and land use issues.
Councilmembers questioned Ms. Barnes' relative to the program and
the action taken by other cities, as well as the need to set
parameters.
MSUC IMalcolm/Moore) to refer the item to staff for a report to
come back January 19, lg88.
AMENDMENT TO THE MOTION
MSUC (Nader/Malcolm) that staff include in the report whatever
action Council needs to take, should Council choose to allow the
immediate use of the Churches.
CONSENT CALENDAR (3a to 15)
Pulled Items: 3b, 3c, 14. Mayor Cox noted a change in staff's
recommendation on item 3f is to delay any action until a period of
sixty days; that the revised Resolutions on items 9, 10 and 15
were appropriation items requiring a 4/5 vote.
MSUC (Malcolm/Cox) to approve the balance of the Consent Calendar,
the readings of the texts were waived by unanimous consent, passed
and approved unanimously.
3. WRITTEN COMMUNICATIONS
a. RESIGNATION AS NEMBER OF THE CHULA VISTA UNITED NATIONS DAY
CELEBRATION COMMITTEE AND CITY'S REPRESENTATIVE TO THE SYSTEMS
ADVISORY BOARD OF THE SERRA COOPERATIVE LIBRARY SYSTEM Caroline
M. McVey, 237 H Street, B-l, Chula Vista, 92010
Staff recommends that ~s. McVey's letter be acknowledged with
appreciation and the City Clerk be directed to post a vacancy on
the United Nations Day Celebration Committee as required.
b. REQUEST TO BE REAPPOINTED TO A SECOND TERM WITH THE MONTGOMERY
PLANNING COMMITTEE Nancy L. Palmer, 971 Fourth AVenue, #4 2,
Chula Vista, 92011
Pulled from the Consent Agenda.
c. PETITION TO DECLARE THE INSTALLATION OF THE GAS LINES ON THE
BRICK WALL BORDERING INDUSTRIAL BOULEVARD A PUBLIC NUISANCE AND
THAT THE GAS LINES BE UNDERGROUNDED - 32 letters submitted by B.
Flaugher, Brentwood Mobilehome Park, 1100 Industrial Blvd., Chula
Vista)
Pulled from the Consent Agenda.
d. REQUEST TO CHANGE THE POSTED SPEED LIMIT ON RUTGERS AVENUE
BACK TO 25 MPH, AND ASK FOR OCCASIONAL POLICE ENFORCEMENT OF LIMIT
Ronald W. Treat, 877 Rutgers Avenue, Chula Vista 92013
MINUTES - 3 - January 12, 1988
Council recommended another speed survey be conducted and, if the
85th percentlie speed supports a 25 mph posting, that such be
accomplished. If said speed survey does not support it, Mr. Treat
should be advised of the results including the legal reasons why a
25 mph posting cannot be accommodated.
e. REQUEST OF CITY'S ASSISTANCE IN FUNDING THE SAN DIEGO COUNTY
GRAND JURY Supervisor Brian P. Bilbray, San Diego County Board
of Supervisors, 1600 Pacific Highway, Room 335, San Diego, CA
92101
Council recommended that further study be given to Supervisor
Bilbray's request during the budget preparation process for FY
1988-89.
f. CLAIM AGAINST THE CITY - Mr. Joe Raso, c/n 7851 Mission Center
Court, Suite 103, San Diego 92108
Council accepted the recommendation of staff to delay action on
this item for sixty days.
4. RESOLUTION 13405 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE rOUNTY OF SAN DIEGO
FOR INSTALLATION OF PUBLIC IMPROVEMENTS ON
THE WEST SIDE OF MAXWELL ROAD AT THE
NORTHEAST CORNER OF O~AY VALLEY INDUSTRIAL
PARK SUBDIVISION AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGPEEMENT (Director of
Public Works/City Engineer)
The County of San Diego is now improving the extension of Maxwell
Road within its jurisdiction and has offered to install the
missing City improvements in conjunction with that project. As
provided in this agreement, in exchange for the above improvements
the City agrees to deposit the $4,000 cash bond with the County.
The City is also providing the right of entry documents required
to complete these improvements. The City will assume maintenance
responsibility upon acceptance of improvements.
5. RESOLUTION 13406 APPROVING VARIOUS ~GREEMENTS FOP TELEGRAPH
CANYON IMPROVEMENT PROJECT (Director of
Public Works/City Engineer)
The EastLake Development Company desires to utilize public
financing to the extent permissible to finance the construction of
the widening of segments of Telegraph Canyon Road to provide a
facility capable of providing the level of service required to
accommodate development in these areas. The construction of the
improvement will be phased over a period of time related to the
amount of development which occurs. The EastLake Development
Company has requested the City to retain consultants to
investigate the feasibility and to pursue the implementation of
proceedings for the use of public financing for the project. The
consultants will make a recommendation and the City will make the
final decision on which financing mechanism will be used.
MINUTES - 4 - January 12, 1988
6. RESOLUTION 13407 APPROVING CONSULTANT AGREEMENTS AND A
REIMBURSEMENT !AGREEMENT RELATING TO
DRAINAGE PLAN FOR THE TELEGRAPH CANYON
ROAD AREA (Director of Public Works/City
Engineer)
The drainage benefit area and the drainage facility will be partly
located in the County of San Diego; a request to allow
participation will be made to the Board of Supervisors. The
EastLake Development Company will advance funds to allow the City
to pay for all consultant and City administrative expenses
relating to the preparation of the Drainage Plan and the ordinance
imposing a Drainage Fee.
7. RESOLUTION 13408 ADOPTING THE CHULA VISTA SOCIAL SERVICES
PLAN WITH AMENDMENT (Community Development
Director)
At their January 5, 1988 meetinq, Council approved the Chula Vista
Social Services Plan with the exception of the plan recommendation
for City staff or consultant support for the proposed Chula Vista
Human Services Task Force. Further information was requested on
the composition and focus of the Task Force as well as the scope
of City assistance for the Task Force. The Director of Community
Development Desrochers reported that the development of the Social
Services Plan itself was a combined effort of a wide range of
highly qualified and knowledgeable local people involved in the
delivery, administration and funding of social services. These
people, whose names and the organizations they represent appear in
the beginning of the Social Services Plan, are expected to serve
as the nucleus of the Task Force.
Director Desrochers added that Council accepted staff's
recommendation that an ad hoc committee draw up a list of members
to be recruited for the Task Force, to present this list to the
Council for approval, and recruit applicants for the Task Force
consultant position. Extensive discussions between City and
County representatives have taken place on the issue of County
support for the Task Force, and it has been concluded that the
County is unable to provide professional support for the Task
Force, but has pledged to provide limited clerical support for
Task Force meetings and announcements and to have professional
representatives serve as members of the Task Force.
8. RESOLUTION 13409 ADOPTING RESPONSES TO THE RECOMMENDATIONS
OF THE 1986-87 SAN DIEGO COUNTY GRAND JURY
(Principal Management Assistant)
The ten recommendations directed at the City of Chula Vista which
require responses deal with matters concerning the Port District.
Council adopted appropriate responses as recommended by staff.
MINUTES - 5 - January 12, 1988
9. RESOLUTION 13410 APPROVING AGREEMENT BETWEEN TNE CITY OF
CNULA VISTA AND BUD GRAY FOR PLANNING
SERVICES AS THE PROJECT COORDINATOR FOR
THE GENERAL PLAN UPDATE APPROPRIATING
FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT (Director of Planning)
Since the beginning of the City's effort to update its General
Plan in 1986, Mr. Gray has been heavily involved as Project
Coordinator in assisting the Planning and Engineering departments
with carrying out the General Plan Update work program. The
preparation of final documents, meetings with community
organizations, and the public hearing process are anticipated to
produce substantial demands on the City staff and consultants.
The estimated cost to fund the extension of the agreement with
Gray until September 30, 1988 is approximately $27,000 with the
source of funds being the unallocated reserve of the General Fund.
lO. RESOLUTION 13411 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND P&D TECHNOLOGIES TO
PREPARE TNE GENERAL PLAN UPDATE,
APPROPRIATING FUNDS AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREE~ENT (Director
of Planning)
The schedule has been amended to reflect selection of the
Preferred Land Use Scenario in February 1988 and preparation of
the Preliminary General Plan and Draft E.I.R. by April 1988 with
public hearings to follow.
11. ORDINANCE 2248 AMENDING SECTIONS 18.54.030, 18.54.040 AND
18.54.060 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO FLOODPLAIN REGULATIONS
FIRST READING (Director of Public
Works/City Engineer)
Recent notice advised that the California Department of Water
Resources (DWR) is now responsible for the review of the local
regulations being modified to meet new Federal requirements. The
deadline for adoption by local anencies of new regulations has
been extended and DWR suggests that three additional definitions
be included in Section 18.54.030 of the City ordinance and that
changes be made ~n Section 18,54.040.B, 18.54.060.A and
18.54.060.C. In addition lanquage incorporating the changes
requested by the Department of Wa+er Resources has been reproduced
as Section 18.54.060.B.2.
12. ORDINANCE 2249 AMENDING SECTION 2.04.020 OF THE CHULA
VISTA MUNICIPAL CODE DEALING WITH MEETINGS
AND CANCELLING THE CITY COUNCIL MEETING
IMMEDIATELY FOLLOWING THE THANKSGIVING
HOLIDAY - FIRST READING (City Clerk)
~INUTES - 6 - January 12, 1988
On December 1, 1987, Council moved to cancel the City Council
meeting on the Tuesday "following the Thanksgiving holiday"; the
Code states that Council may reinstitute any of the cancelled
meetings by a majority vote.
13. ORDINANCE 2247 AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 19 OF THE CHULA VISTA
~IUNICIPAL CODE BY ADDING THERETO A NEW
SECTION 19.70.018 REQUIRING APPROVAL OF A
MAJOR USE PERMIT TO OPERATE CARDROOMS
WITHIN r~ONTGOMERY SECOND READING &
ADOPTION (Director of Planning)
The requirement for a major use permit would be similar to the
Conditional Use Permit requirement in force in areas of the City
outside Montgomery. On January 5, 1988, Council placed this
ordinance on First Reading.
14. REPOP? ON THE FIG AVENUE TEMPORARY CLOSURE
(Director of Community Development)
Pulled from the Consent Agenda.
15. RESOLUTION 13412 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE WYATT
COMPANY FOR BENEFIT CONSULTING SERVICES,
APPROPRIATING FUNDS THEREFOR AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT (Director of Personnel)
Last year, faced with substantial health plan premium increases
and growing complexity of state and federal laws related to
benefit plans, the City issued a Request for Proposals for a
Broker of Record/Consultant for its health, life and dental
plans. A selection committee interviewed and evaluated eight of
the thirteen proposals received (five were rejected), and staff
recommended that the Wyatt Company be retained as the Consultant.
Council appropriated $20,000 from the unappropriated reserve of
the General Fund to the insurance account 100-0700-5202, which
amount will be recaptured by virtue of a reduction in the premiums
paid by the City.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
16. PUBLIC HEARING PCM-88-10 CONSIDERATION OF ADOPTING
PARTS ONE AND TWO OF THE MONTGOMERY
SPECIFIC PLAN (Director of Planning)
RESOLUTION 13413 APPROVING PARTS ONE AND TWO OF THE
MONTGOMERY SPECIFIC PLAN
MINUTES 7 January 12, )~8
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Councilman Malcolm stated that he owns a piece of property at 406
Orange Avenue and, to avoid any possibility of conflict of
interest, he will abstain; however, if Councilmembers would
consider that section of the Plan separately, Councilmember
Malcolm could participate in the rest of the discussion of the
Plan.
MSUC {Nader/Moore) to take a separate vote on property owned by
Councilman Malcolm at 406 Orange Avenue. /Councilman Malcolm
abstained.
Principal Planner Dan Pass gave a history of the proposed Plan
which covers 3.5 square miles with a population of 26,000 to
27,000. The area which has been urbanizing under County guidance
is characterized by its mixed land use pattern. Its economic
standards are high and the people are asking for sound planning.
Upon annexation, Council committed to supplying a Specific Plan
for the area which now calls for gradual implementation of
policies. It is not a zoning Plan but implementation could lead
to upzoning, downzoning or lateral zoning. The essence of the
draft Plan is a blue print for the improvement of Montgomery.
Credit was attributed to the Montgomery Planning Committee, the
Team Montgomery {Sr. Planner Bill Heiter and Assistant Planner
Frank Herrera); the Planning Commission; the public and private
input. The structure of the Plan is Part One, and the components
are found in Part Two or the Plan Proper.
Sr. Planner Bill Heiter explained the Plan Diagram, which depicted
the densities of residential areas, commercial, industrial and the
open space, and identified proposed redevelopment areas, library
sites, parks and recreation areas, "whitelands" needing further
study and "special study areas" or problem areas.
Nancy Palmer, Montgomery Planning Committee member and former
Chairman, highlighted problem areas of the Plan, pointing them out
on a visual display, and discussed possible solutions. Ms. Palmer
requested approval of the Resolution.
Director of Planning Krempl reported the extra notices made to
publicize this public hearing, as well as the publicity afforded
the issue by feature stories in several newspapers. Director
Krempl explained that implementation of the Plan could take a year
and that, in the meantime, any propery owner has the right to file
a building plan and proceed in accordance with existing
regulations and rules. Staff recommends adoption of Part One and
Part Two.
The following appeared to speak in favor of adoption of the
Specific Plan:
Susan Fuller, 523 Welton Street, a Planning Commissioner,
urged approval of the concept of the Plan and confirmed Director
Krempl's statement publicizing the hearings of this Plan;
MINUTES 8 January 12, 1988
Berry Eisenberg, of Cupertino CA 95014, representing J
C Auto Dismantling, Standard Auto Recycling, Action Auto
Dismantling, and West Auto Wreckers supported the Resolution
without reservation but stated concern that a distinction be made
between auto dismantlers and junk yards and confirmed, by answers
to Councilmember questions, that his several firms, as in the
past, are prepared to abide by any and all rules imposed by the
City;
Andren Dana Wall, 778 Ada, 90211, represented a disabled
neighbor and his 70 year old parent and presented their concerns
relative to building multiple-use apartments. Director Krempl
confirmed that zoning has not changed and, until brought into
compliance with the Plan, an applicant can proceed under present
zoning;
Dick Kau, 3404 Bonita Road, 92020, addressed support of
the Plan, as well as the concept of Pacific Scene's proposal and
possible low cost subsidized housing.
Bob Fox, 1466 Lilac Ave., 92011, Member of Montgomery
Planning Committee, stated concerns relative to zoning
classification discussion and suggested further questions be
referred back to the Montgomery Planning Committee; and any
changes to the present Part One and Part Two be referred back to
the Planning Commission;
Tom ~lartin, 1432 Platano Court, stated the annexation was
the largest of any in the City and that all must work "under the
same umbrella" as presented in the Plan, urging adoption;
Antonio Castro, 158 Zenith, 92011, a member of Montgomery
Planning Committee, appeared to speak as a resident of Otay and
Castle Park areas. Mr. Castro supported the Plan as a blue print
for the future to prevent errors and to protect the environment.
Mr. Castro stated belief in possible incremental zoning but to set
the blue print now rather than in an unmanageable future; and
Lawrence Miura, 191 Date Street, 92011, spoke in favor of
adoption of the Plan and his agreement with proposal to change to
low-medium density use. Mr. Miura felts changes to street system
with increasing traffic would be detrimental to the community.
The following appeared to speak in opposition:
Bill H. Harter, 1104 Helix, 92011, representing owners in
Broderick Acres, presented Councilmembers with a packet of
information and signatures of residents of the area, all in
opposition to the Plan. Mr. Harter explained that many of the
residents have not been properly informed of the issues; and
pointed out alleged discrepancies of facts in staff's report, as
well as references to number of parcels which is contrary to that
on the plat map by the title company.
Councilman Nader questioned staff on the accuracy of Mr. Harter's
statement relative to 6 dwelling units/acre being compatible with
present land use patterns; and Mr. Pass explained "gross acre" and
"net acre" which, in actuality amounts to 8 unit/acre or more, as
requested by Mr. Harter.
MINUTES - 9 - January 12, 1988
Frank D. Fernandez, 737 3rd Avenue, Suite I, Chula Vista,
spoke for Mr. and Mrs. Vasquez owners of property off Main Street,
and the lack of sufficient notice. Mr. Fernandez complimented the
work put into the Plan but that it resulted in "unhappy people."
Mr. and Mrs. Vasquez are consulting with a Land Use Consultant
since they would like their property to be included in the light
industrial. Mr. Fernandez requested a continuance or that the
"blue" area be extended to Route 805 and that the 4000 block be
included in light industrial or commercial.
Don Rose, lO1 Ash Street, San Diego, 92112, on behalf of
SDG&E, is in 95% agreement with the Plan but requested
reconsideration on SDG&E's right of way designated as parks and
open space. Mr. Rose requested parks for that the small portion
east of Broadway surrounded by commercial and industrial areas
west. Parks would best be augmented by a residential area rather
than a commercial area, since it is a fee-owned right of way, one
which SDG&E could generate rate-base into this right of way to
help reduce rates to all;
Frank Jarnigan, 1198 Twin Oaks 92011 was concerned with
his property being changed from R-2 to R-2A and the devaluation
effect on his property;
Harry Fleak, 344 Date Street, 92011, stated he actually
lives in Imperial Beach but owns property at Date Street and also
at Palm, complained about not being sent a notice, and that
hard-working people should be able to live as they see fit and not
he subject to Plans proposed to change their neighborhoods;
further, that staff should present a simplified version of the
Plan so that the citizens could understand it;
A. Lee Estep, Attorney, 2257 Front Street, 92101,
representing Castle Park Enterprises' owners, T. Gillette, John
Roberrs and Sid Gilman, stated knowledge of the southeast corner
of Third and Orange, that it will be impractical to construct
buildings under the stated proposed use; it would be hard to sell
the property within the same use, and requested that the different
options be gone over even though the Plan must be adopted; that
the area remain commercial or a compromise of medium/high density
or high density.
Paul L. Greene, Sr. 141 Lotus Drive, 92011, asked Council
to consider carefully any action for eminent domain, land
speculators and homesteaders and the City 1990 Plan vs. the County
1990 Plan;
John Thomas, 210 Date Street, 92011, lived in the area
for 30 years and declared it was discouraging that the City can
come in and downzone the property;.
James Wotherspoon, Chula Vista Recycling, appeared to
rebut the statement made by Mr. Berry Eisenberg; and informed
Council that after a car is dismantled and the parts are taken
out, the car itself is then transferred to an automobile recycling
plant. (Mayor Cox confirmed with Mr. Wotherspoon that the County
has been working with his firm to relocate the firm and that the
next step is to present intent at the Montgomery Planning
Committee); and
MINUTES lO - January 12, 1988
Azucena Toscano, 1693 Sycamore Drive, 92Dll, owner of the
property on the corner of Main Street, stated her primary concern
is that their area be changed to commercial.
There being no others to speak for or against this item, the
public hearing was declared closed.
Councilmember Malcolm discussed the amount of commercial zoning
along Third Avenue; his belief that multiple family housing
should not be zoned for this area, and an overlay zone for
permanent mobilehomes should be established. Director Krempl
stated a definite commitment and interest for retaining mobilehome
parks which will be addressed in the next phase of the program.
Councilmember Malcolm reaffirmed for the benefit of the public
that until definite rezoning of the area has been established in
the future, if any citizen comes up with a plan, they go through
the process as presently established. The Councilman referred to
an evident need for help in some areas to develop "pride of
ownership" as has been done in other areas of the City, and that
the City has to provide the impetus to revitalize these areas.
Mayor Cox discussed the impact the Plan will have on the overall
community and affirmed, when the area of Montgomery was annexed,
the City made a commitment to reapply the revenues back into their
area to make Montgomery a fully integrated part of the community.
Mayor Cox made the following motion, realizing that Councilmembers
are deleting from the motion the Southwest corner of Third and
Orange Avenue (as requested by Councilman Malcolm).
MS (Cox/Malcolm) to accept the staff recommendation for the
balance of the Montgomery Specific Plan as presented by staff and
the Montgomery Planning Committee and the Planning Commission.
Councilman Nader acknowledged the confusion that exists in
"planner's language" to explain his following amendment to request
further study of the eastern side of Third Avenue south of Orange
which is in the middle of a commercial strip.
AMENDMENT TO THE PLAN
MS (Nader/Malcolm) to put "black diagonal stripes" over one
portion of that area, to designate a Study Area, and ask the
Planners when completing Phase Three to come back with a
recommendation for that area. (Motion later withdrawn)
The SDG&E right of way was discussed by Council and the fact that
some rights of way are being used as nurseries, generating money
for the City and properly using the open space and requested staff
give further study of this idea. In Councilman Malcolm's opinion,
further study should also be centered on recycling plants to
either allow use with certain screens, fencing or conditions or to
not allow the use. Planner Pass stated firm nature plans will be
in Part Three.
MI~UTES - ll January 12, 1988
Councilman Moore questioned whether justice is being done to the
system by making a study area out of some areas and refusing a
study of areas for the common property owner. Moore commented
everything should go "into one basket" in Phase three and not
treat one differently than the other.
Mayor Cox said he would not vote favorably on Councilman Nader's
motion as some good arguments have been made. The Mayor's belief
is that the Resolution should be approved and then as a follow up
motion ask the Montgomery Committee ~roup to look at these
specific areas more closely as they get to the implementation
phase.
COUNCILMAN NADER WITHDREW HIS MOTION with the comment that it is
clear from the Council discussion that the intention is not to
preclude a study of mixed use on the commercial strip.
RESTATED MOTION
MSUC ICox/Moore) to accept the staff recommendation for the
balance of the Montgomery Specific Plan as presented by staff and
the Montgomery Planning Committee and the Planning Commission.
MSUC INader/Cox) to adopt the proposed Montgomery Specific Plan as
applied to the property presently owned by Councilman Malcolm.
/Councilman Malcolm abstained)
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
MSUC INader/Malcom) to refer back to the Montgomery Planning
Committee to hold public hearings and take input as appropriate,
the question as to what, if anything, this Council should do by
way of an interim lurgency) ordinance between the Plan that the
City now has and the existing zoning that the City now has.
Councilman Moore suggested that the Team Montgomery should be
requeste~ to pick up on some of the mayor concerns and advise
Council of the manner in which they will be pursued.
At 10:40 p.m., Council recessed to adjourn at 10:50 p.m.
17. PUBLIC HEARING PCC-88-14 AND ZAV-88-6: APPEAL FROM DENIAL
OF REQUEST TO ESTABLISH CHURCH OFFICES AND
FELLOWSHIP MEETING PLACE AT llO THIRD
AVENUE CALVARY CHAPEL (Continued from
meeting of December 8, 1987) (Director of
Planning)
a. RESOLUTION DENYING THE APPEAL ON PCC-88-14 TO
ESTABLISH CHURCH OFFICES AND FELLOWSHIP
MEETING PLACE AT llO TNIRD AVENUE
CALVARY CHAPEL
MINUTES 12 - January 12, 1988
b. RESOLUTION DENYING THE APPEAL ON ZAV-88-6 TO VARY THE
LOT SIZE, SETBACK AND FENCING STANDARDS
REQUIRED FOR CHURCHES IN RESIDENTIAL ZONES
AT 110 THIRD AVENUE - CALVARY CHAPEL
Mayor Cox declared the public hearing open as continued from the
meeting of December 8, 1987.
Planning Director Krempl reported that this item involves two
applications: (1) Conditional Use Permit PCC-88-14 to establish
church offices and a fellowship meeting place within a single
family dwelling at 110 Third Avenue in the R-1 zone, and
Variance ZAV-88-6 to vary from the lot size, setback and fencing
standards required for churches in residential zones. Staff
recommends that Council affirm the decision of the Planning
Commission and deny the appeal.
Don Schock, 853 Blackwood Road, Chula Vista, Pastor of the Calvary
Chapel, responded to the staff report pointing out that he is
prepared to put in the required fencing as required; and
apologized for his movement into the office space without the
required approval when escrow closed, because of his hopes that
the problems could be worked out. Pastor Schock discussed his
disagreement with several passages in the Negative Declaration.
He compared his proposed use of the building with that of a family
with a number of older children, and expressed his hopes that
Council would reconsider the recommendation as presented by staff.
David P. Chamberlain, 102 Shasta, Chula Vista, requested
reconsideration by Councilmembers strssing the important services
offered by himself, as representative of The Cornerstone Christian
Community, and by Pastor Schock with his Calvary Chapel by
rehabilitating many unfortunate citizens and their families by
providing counseling and direction.
Cynthia Williams, 114 Third Avenue, 92010, lives next door to the
Calvary Chapel, complained about shortage of parking on the
street, the noise factor and her supposition that the Chapel is a
half-way house. Ms. Williams supported denial of the appeal.
Warren Hubbard, 213 Landis Avenue, 92010, also spoke to encourage
denial of the appeal pointing out a lack of parking on the street.
Mike Bergana, Member of the Calvary Chapel spoke in favor of Mr.
Schock's request and confirmed the benefits of the services
offered at the Chapel.
There being no others to speak for or against the issue, the
public hearing was closed.
Councilman Malcolm stated his disappointment that the Calvary
Chapel was occupied before approval was received, but that the
general well being of our community is being served by the
appellant with his counseling of traditional values by helping
MINUTES - 13 January 12, 1988
others. Councilman Malcolm would be in favor of granting the
variance provided the number of people in attendance at the
meetings is limited, that parking is put in the back to address
the concerns of the neighbors, and the installation of fencing,
screening, landscaping is accomplished.
MS {Malcolm/Nader) to refer the item back to staff with direction
to come back with findings to grant the permit by limiting the
numbers of people, addressing the concern of fencing, screening
and parking as conditions of the permit.
Councilmembers discussed the small meetings, limiting the number
of people in attendance, the requirement for parking in the back
of the property and, further, the assurance that there would be no
overnight sleeping accommodations.
RESTATED MOTION
MSUC {Malcolm/Nader) to direct staff to bring back findings and
fashion conditions that would limit the number of people allowed
on the site, address proper screening, landscaping, fencing and
parking needed on the site, and to bring back those conditions and
findings at the earliest possible time, possibly two weeks.
Councilman Nader clarified the intent of the motion to leave some
things open to staff in terms of recommendations to limit the
number of occupants and how to restrict parking, but that Council
is directing staff to bring back a Resolution which, if adopted,
would grant the Conditional Use Permit and variance in some form
of supporting findings.
18. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR DEMOLITION
AND REMOVAL OF FOUR STORAGE HUTS FROM THE
MID BAYFRONT (Director of Community
Development)
RESOLUTION 13414 AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT #035 TO SANTA FE LAND
IMPROVEMENT COMPANY FOR DEMOLITION AND
REMOVAL OF FOUR STORAGE SHEDS FROM THE MID
BAYFRONT SUBJECT TO THE REQUIREMENTS IN
FINDING #1
This being the time and place as advertised, the public hearing
was declared open. There being no one to speak either for or
against this item, the public hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
19. PUBLIC HEARING CONSIDERATION OE THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF
A 2100 SQUARE FOOT MODULAR BUILDING AND
PARKING LOT AT THE SOUTH BAY SDG&E POWER
PLANT IDirector of Community Development)
(continued from the meeting of January 5,
1987)
MINUTES - 14 - January 12, 1988
RESOLUTION 13415 AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT #032 TO SDG&E FOR MODULAR
ADMINISTRATIVE BUILDING AND PARKING LOT
SUBJECT TO THE CONDITIONS OF APPROVAL IN
ATTACHMENT A
This being the time and place as advertised, the public hearing
was declared open.
Don Rose, representing SDG&E at 101 Ash Street, San Diego 92112,
reported that the use of the building will be strictly to house
maintenance personnel; that the landscaping phase one is near
completion and application has been made for phase two.
There being no other to speak either for or against this item, the
public hearing was closed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
20. PUBLIC HEARING AMENDMENT TO THE CONDITIONS OF APPROVAL
POR COASTAL DEVELOPMENT PERMIT #004
{Director of Community Development)
RESOLUTION 13416 ADOPTING NEGATIVE DECLARATION IS-86-12 AND
ADDENDUM THERETO AND AUTHORIZING THE
AMENDMENT OF THE CONDITIONS OF APPROVAL
FOR COASTAL DEVELOPMENT PERMIT #004 TO
ALLOW GRADING ACTIVITIES ON THE PROJECT
SITE WITHIN THE PERIOD FROM NOVEMBER 1 TO
APRIL 1 EACH YEAR
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Cnuncilman Malcolm stated that he will abstain from voting on this
item because he has had a lease on this property for three or four
years.
Director of Community Development Desrochers reported that the
proposed amendment has been found to be consistent with the
policies of the certified Chula Vista Local Coastal Program and
with the requirement in Section 19.87.07 that special care shall
be taken at the marshes to reduce problems of silting; that an
erosion device was installed prior to on-site grading, and the
prohibition on grading activities between November 1 and April 1
each year does not apply to the inland parcel because that area is
not a part of the project. Approval is recommended.
Councilman Nader addressed the Negative Declaration and the issues
which prompted discussion with Coastal Commission staff. The City
Attorney explained that the controversy was not environmental
issues, but rather grading limits and properties to which applied;
that the actual project and the conditions attached are acceptable
to all.
MINUTES - 15 January 12, 1988
Jerry Alford, 2643 Fourth Avenue, 92013, National Avenue
Associates, requested approval.
There being no others to speak for or against the issue, the
public hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Malcolm abstained)
21. PUBLIC HEARING TD CONSIDER THE ADOPTION OF AN URGENCY
ORDINANCE ESTABLISHING A DEVELOPMENT
IMPACT FEE FOR STREETS AND HIGHWAYS FOR
THE EASTERN AREA (Director of Public
Works/City Engineer)
INTERIM ORDINANCE
2250 ESTABLISHING AN INTERIM DEVELOPMENT FEE TO
PAY FOR TRANSPORTATION FACILITIES IN THE
CITY'S EASTERN TERRITORIES - FIRST READING
AND ADOPTION
ORDINANCE 2251 ESTABLISHING A DEVELOPMENT IMPACT FEE TO
PAY FOR TRANSPORTATION FACILITIES IN THE
CITY~S EASTERN TERRITORIES - FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Public Works Lippitt reported, since the City's
General Plan revision won't be finalized until later this year and
since there are current developments and building permits that
will be approved in the eastern area before adoption of the
General Plan, it is staff's recommendation that an interim
ordinance be established at this time to go into effect
immediately in order to collect transportation fees from the
developments in the eastern area.
Director Lippitt presented a comment for the owners of the
commercial Sudbury Property on the northwest corner of Otay Lakes
Road and East ~I~~ Street (who had left the meeting) who received
an assessment of $800,000 for their development. One of the
project's responsibilities is to put a traffic signal at the
entrance to the shopping center across from the college. Since it
is a major improvement for the College, they have requested that
the traffic signal be included in the~lB~a~' St. improvements and
receive a credit for it. Staff agrees with this modification.
Bob Santos, EastLake Development Company, 900 Lane Avenue, Suite
100, 92037, expressed support of the development fee program which
represents a significant milestone to develop major improvements.
Ken Baumgartner, ?727 Hoover Avenue, National City, stated
McMillin Development's approval of the proposed ordinance.
MINUTES 16 - January 12, 1988
Bruce H. Warren, representing United Enterprise Ltd., expressed no
objection as long as no fees are levied until the County has
authorized collection of such fees and obtained some land use
entitlement.
James G. Adams, 701 Palomar Airport Road, Carlsbad, representing
the Daly Homes of CA, owner of the Bel Air Ridge subdivision, said
he asked for a continuance last week of the Facilities Benefit
District and last minute changes have occurred such as the
significant increase in the fee the General Plan will not be
approved until 1988; and the methodology of implementing the
Plan. He requested that the ordinance be delayed.
There being no others to speak for or against this item, the
public hearing was closed.
Councilmember Malcolm questioned the urgency ordinance, and the
City Attorney explained that the total costs of improvements were
divided up by those causing the impacts and who will benefit. To
collect that amount and to assure that it be fairly applied, the
ordinance must be in place immediately.
Director Lippitt reported that the program will generate
$71,000,000. Councilman Malcolm expressed his concern with the
wording in the agreement and read the portion which said
"...developer agrees to pay that fee which is in effect at the
time the developer applied for the building permits..." Director
Lippitt explained that the wording as read was in the "proposed"
agreement.
Mayor Cox stated that the iterim ordinance and the ordinance both
require a 4/5 vote; and also confirmed with Director Lippitt that
the request made by the Sudbury subdivision can be included as
part of the project report.
INTERIM ORDINANCE 2250 AND ORDINANCE 2251 OFFERED BY MAYOR COX,
the readings of the text were waived by unanimous consent, passed
and approved unanimously.
In answer to Council's query, Bob Santos, EastLake Development,
responded that whenever a final permanent fee is established for
the Eastern area, all of EastLake's permits which have been pulled
are assessed retroactively to plans submitted two years ago.
22. PUBLIC HEARING ZONING ORDINANCE AMENDMENT PCA 88-4: TO
AMEND TITLE 19 (ZONING) OF THE MUNICIPAL
CODE TO REGULATE RECYCLING FACILITIES
MANDATED BY AB 2020 (THE BOTTLE BILL)
(Director of Planning)
ORDINANCE 2252 AMENDING TITLE 19 OF THE CHULA VISTA
MUNICIPAL CODE TO REGULATE RECYCLING
FACILITIES MANDATED BY AB 2020 (THE BOTTLE
BILL) FIRST READING
MINUTES 17 - January 12, 1988
RESOLUTION 13417 ADOPTING DESIGN STANDARDS TO BE UTILIZED
IN THE ESTABLISHMENT OF RECYCLING
FACILITIES MANDATED BY THE BOTTLE BILL
In answer to Councilman Moore's question which centered on the
fact that the facilities are all ready in place throughout the
City, Director Krempl explained that this was effected by an
urgency ordinance.
This being the time and place as advertised, the public hearing
was declared open. There being no one to speak for or against
this item, the public hearing was closed.
Councilman Moore reminded staff of the Council policy to include
the Chamber of Commerce in discussions whenever an issue involves
the business community.
ORDINANCE AND RESOLUTION OFFERED BY MAYOR COX, the readings of the
texts were waived by unanimous consent, passed and approved
unanimously.
23. ORAL COMMUNICATIONS
Ronald B. Helderlein, 615 Law Street, 92109, representing R.J.
Development Co., reported that about 14 months ago the processing
of a final map was started for street improvements on an adjoining
lot on D Street and Las Flores Avenue. A garage was discovered
partially in the public right-of-way which restricted them from
constructing the improvements. The owner does not want to move
his garage, and the Public Works Department demands that the
problem be worked out in order to have the map recorded.
~ISUC (Cox/Moore) to refer the item to staff to come back with a
report on January 26, 1988.
PULLED ITEMS
b. REQUEST TO BE REAPPOINTED TO A SECOND TERM WITH THE MONTGOMERY
PLANNING COMMITTEE Nancy L. Palmer, 971 Fourth Avenue, Chula
Vista, 92011
Staff recommends that if Council does not wish to entertain the
appointment of Ms. Palmer to a second term, they direct the City
Clerk to post the vacancy as required by law.
Councilman Nader did not contest the reappointment of Ms. Palmer,
but suggested a policy to post all vacancies that are coming up,
even if there is a member that will be considered for
reappointment.
MS INader/Cox) to reappoint Nancy Palmet for a second term on the
Montgomery Planning Committee.
MINUTES 18 - January 12, 1988
Mayor Cox noted there are three other positions on this Committee
up for reappointment on January 1st and it might be more
appropriate to deal with all at the same time which would give the
City Clerk time to verify with those people whether or not they
want to be reappointed; and to direct the posting at that time.
MSUC INader/Cox) to direct the City Clerk to insert an item under
Council Comments next week to consider the reappointment of the
Montgomery Community Planning Group members whose terms will
expire.
c. PETITION TO DECLARE THE INSTALLATION OF THE GAS LINES ON THE
BRICK WALL BORDERING INDUSTRIAL BOULEVARD A PUBLIC NUISANCE AND
THAT THE GAS LINES BE UtJDERGROUNDED - 32 letters submitted by B.
Flaugher, Brentwood Mobilehome Park, 1100 Industrial Blvd., Chula
Vista)
The City Clerk reported that Mr. Flaugher had to return to his
home and requested a continuance for one week.
MSUC (Cox/Nader} to continue item 3c. to the meeting of January
19th.
14. REPORT ON THE FIG AVENUE TEMPORARY CLOSURE
(Director of Community Development)
On or about October 15, temporary barricades were placed at Fig
and Shasta Avenues in order to study the effectiveness of such a
measure. At the Council's direction, several neighborhood
meetings have been held to discuss and evaluate the barricade in
its present position. The ad hoc committee as established by the
residents desired to evaluate the proposal to close the street;
strong dissent from the adjacent San Diego Trust and Savings Bank
was voiced. Staff recommended Council retain the temporary
barricade in its present location for another 45 days.
Gary Bryant of the San Diego Trust & Savings Bank endorsed the
proposal in the staff report and requested that Council readdress
the issue of red striping on south 50' of Fig Avenue, which area
is used heavily by the bank.
Don Rose, 101 Ash Street, 92112, representing San Diego Gas &
Electric gave his approval of the report.
Jack Scrimager, 415 W. Shasta Street, 92010, a member of the Fig
Avenue Ad Hoc Committee reported the result of a petition signed
by residents in the area who have not seen any improvement in the
area and are now very disturbed by the fact that the legal
department of the bank has discussed inverse condemnation with the
City.
Ed Brodie, 545 Fig Avenue, reported on recent traffic counts and
offered suggestions that the Bank should reconfigure the parking
lot, and requested that Council authorize putting up the barrier
as previously accepted and give it a try.
~.IINUTES 19 - January 12, 1988
Councilmembers discussed the cul-de-sac in Exhibit C, the issue of
the proposed agreement with the Bank, and acknowledging that the
issue could be resolved quickly. The City Attorney reported that
the property owners could be made party to the contract or there
could be a provision for many ways to assure the residents that
the agreement would be binding and would "run with the land."
Mayor Cox agreed with the residents that permanent improvements
should be made, would like to see the Bank go ahead with the
implementation of the cul-de-sac, and to allow another 45 days to
address a controlled gate access or whether access should be
closed.
Councilmember Malcolm suggested that since Homart Development
created this problem, it might be solved by reconfiguring the
Bank's access through the Homart property and access to Fifth
Avenue.
MSUC (Cox/Malcolm) to accept the staff report and keep the barrier
installed for 45 days; to sit down with San Diego Trust and
Savings and with Homart Development for an agreement to address
the concerns of the residents to not preclude another alternative
that might provide access; and that the Mayor be appointed a
Committee nf one to represent the Council.
15. RESOLUTION 13412 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE WYATT COMPANY FOR
BENEFIT CONSULTING SERVICES, APPROPRIATING
FUNDS THEREFOR AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT {Director of
Personnel)
24. REPORT OF THE CITY MANAGER
a. Scheduling Council Meetings no report given.
b. Announcement that Mr. Ken Larsen has been appointed as the new
Director of Building and Housing.
25. MAYOR'S REPORT
a. Items will be held until the following week in view of the
late hour.
b, Commendation for staff on the Winter-Spring 1988 Parks and
Recreation brochure, and suggest that in the next edition, and on
an on-going basis, more advertising be given to Chula Vista's
Nature Interpretive Center.
MINUTES 20 January 12, 1988
26. COUNCIL COM~ENTS
Councilman Malcolm:
a. L Street and Broadway Intersection - Jim Berry, 885 Ash Avenue
b. Proposed trolley line from H Street to Southwestern College
The above will be docketed for the meeting of January 19th)
c. Legislative Report: AB 153 (Stirling) Evidence: Hypnosis
Paul Kincade has worked with Legislators writing this bill
which addresses special regulations presently afforded to
criminals when using hypnosis but not to the victims. Mr. Kincade
gave a short report on the bill and why hypnosis is utilized in
law enforcement.
MSUC IMalcolm/Moore) to support AB 153 and direction to staff to
send letters of support to all members of the Committee.
ADJOURNMENT at 1:25 a.m. to the regular meeting of January 19,
1988 at 7:00 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
/~eanFortune, C~IC
~DEPUTY CITY CLERK
1145C