HomeMy WebLinkAboutcc min 1988/07/12 CRY OF
CHULA VISTA
OFFIGE OF THE GITY GLERK
NOTICE OF SPECIAL COUNCIL/REDEVELOPNENT HEETING
NOTICE IS HEREBY GIVEN THAT A JOINT MEETING OF THE CITY
COUNCIL/REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA
WILL HOLD A SPECIAL MEETING ON TUESDAY, JULY 12, 1988 BEGINNING AT
6:00 P.M. TO RECESS TO CLOSED SESSION TO CONSIDER THE FOLLOWING:
U.S. Fish & Wildlife v. Chula Vista
Hart v. City of Chula Vista
Barrick v. City of Chula Vista
Rj Development v. City of Chula Vista
Potential Litigation
Instructions to Negotiators pursuant to Government Code
54957.6
Potential Acquisition of Property at:
273 Alvarado, Martin, Robert - owner
354 Church, Dennison, Charles & Nancy - owners
4555 Otay Valley Road - Shell Oil Company
4501 Otay Valley Road - Davies, Roderick & Patricia
Parcel 624-060-27 on Otay Valley Road - Davis, Vincent
Margaret
Parcel 624-060-09 On Otay Valley Road - Davis, Vincent
& Margaret
4705 Otay Valley Road - Shinohara, Jimmie & Judi
Parcel 644-040-14 - N & S Materials
Parcel 644-040-40 - Walker Scott Properties/South Bay
Parcel 624-060-45 - Atomic Investments, Inc. (Leonard
Teyssier)
DATED: JULY 8, 1988
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
At 6:00 p.m. in a noticed Special Meeting, The City Council anO
Redevelopment Agency met in Joint Closed Session to discuss U.S.
Fish & Wildlife v. Chula Vista, Hart v. City of Cnula Vista,
Barrick v. City of Chula Vista, Rj Development v. City of Chula
Vista, Potential Litigation, Instructions to Negotiators pursuant
to Government Code 54957.6, and Potential Acquisition of Property
from owners at:
273 Alvarado, Robert Martin; 354 Church, Charles & Nancy
Dennison; 4555 Otay Valley Road Shell Oil Company; 4501
Otay Valley Road Davies, Roderick & Patricia; Parcel
624-060-27 on Otay Valley Road Davis, Vincent & Margaret;
Parcel 624-060-09 on Otay Valley Road - Davis, Vincent &
Margaret; 4705 Otay Valley road - Shinohara, Jimmie & dudi;
Parcel 644-040-14 - N & S Materials; Parcel 644-040-40 -
Walker Scott Properties, South Bay; and Parcel 624-060-45 -
Atomic Investments, Inc. (Leonard Teyssier).
The Closed Session recessed at 6:55 p.m.
MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, July 12, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris;
Assistant City Attorney Rudolph
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSC (Moore/McCandliss) to approve the Minutes for the Regular
Meeting of June 14, the Adjourned Meeting of June 15, the Regular
Meeting of June 21 and the Special Meeting of dune 29, 1988.
(Mayor Cox abstained from the vote for the June 14th Meeting
because of his absence from the meeting.)
2. SPECIAL ORDERS OF THE DAY
a. PRESENTATION BY RON McELLIOTT ON RESTAURANT AT CHULA VISTA
MARINA
MINUTES - 2 July 12, 1988
Ron McElliott, 550 Tidelands Avenue, Chula Vista, representing the
Chula Vista Marina and the Chula Vista Recreation Vehicle Park,
announced the Port District approved the lease for the restaurant
operator and titat the building is in design at this time with the
goal to open the facility in June 1989.
Bob Stately, Architect, displayed his renderings to Councilmembers
explaining the theme of the restaurant which is similar to the
Boston Rowing Club and in line with other previous Waterfront
Restaurants and gave a description of the structure.
Bill Parsons, President of Waterfront Restaurants, gave a history
of his company which presently has restaurants in Del Mar, Cardiff,
Maul, Kauai and two in Lake Tahoe, all of which are positioned
adjacent to the water. Mr. Parsons stated they are looking forward
to the development at this "ideal" location in Chula Vista.
Mayor Cox announced that item 22 on this evening's Agenda will be
set for a time certain not before 8:30 p.m.
CONSENT CALENDAR
Pulled items: 3c, 4, 16, 20, 21.
Director of Public Works Lippitt answered Councilwoman McCandliss'
question on item 15 that this is a renewal of a previous agenda
item which now calls for a public hearing.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN NADER, the
reading of the texts as waived by unanimous consent, passed and
approved. (Councilman Malcolm abstained on the vote for items 9
and lO, because of his ownership of stock in Great American.)
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR ALL WAY STOP AT INTERSECTION OF G STREET AND
PEPPER TREE ROAD RESIDENTS (58 PETITIONERS)
Council referred this petition to staff and the Safety Commission
for a report and recommendation.
b. REQUEST TO FORMALLY BID FOR ALTERNATE FUNDING FROM THE
OVERALL BUDGET Jean Serafy, Director, Otay Community
Clinic, 1637 Third Avenue, Suite B, Chula Vista 92011
The Otay Community Clinic applied for $5,000 funding through the
Community Development Block Grant funds for various repairs which
was not approved. They are now seeking an alternate source,
specifically capital improvement funding. Council directed this
request be referred to staff for further discussions with Clinic
staff before making a final recommendation.
c. CONCERN REGARDING TRAFFIC NOISE IN RESIDENTIAL AREA AND ZONE
VARIANCE TO REDUCE NOISE Walter Barton, 9 L Street, Chula
Vista
Pulled from the Consent Agenda.
MINUTES - 3 - July 12, 1988
d. REQUEST FOR FUNDS TO HELP SEND C.V. GIRLS ASA LEAGUE TO
JUNIOR OLYMPIC STATE CHAMPIONSHIP TOURNAMENT Jerry Clark,
President, Chula Vista Girls Amateur Softball Association ,
P.O. Box 2719, Chula Vista 92012
Council directed this request for financial support be denied.
e. REQUEST FOR MORATORIUM ON BOOTHS UNTIL ADDITION TO CHURCH IS
BUILT Our Lady of Guadalupe Church, 345 Anita Street, Chula
Vista 92011
The City Manager recommended this request be received and filed
with the understanding that a staff/church agreed upon plan would
result in complete removal of the booths by July 31, 1988. The
City Manager further reported that there has been some misunder-
standing as to this agreement and recommended the item be continued.
MOTION
l~[S'[Tt~'TCox/Moore) to continue the item to the next meeting.
f. REQUEST FOR WAIVER OF FEES FOR BONITAFEST ACTIVITIES - Diane
Cousino, Bonitafest Chairperson, 1660 Ithaca St., Chula
Vista 92013
Council approved this request for waiver of business license fees
in that the waiver is consistent with adopted City policy.
g. CLAIMS AGAINST THE CITY
Ms. Selma Engram, c/o John R. Fielding, Jr., Attorney at Law,
1138 India Street, #202, San Diego alleging City responsibility
for her son's death in the County jail.
Christine & William Baldwin, c/o Robert W. Zickert, Esq.,
Haasis, Pope & Correll, lO1 W. Broadway, Suite 1130, San Diego
92010-8212 - Refiling of previous claim denied by Council in
connection with an automobile accident on April 3, 1987.
Council denied both claims.
4. RESOLUTION ADOPTING POLICE DEPARTMENT VEHICLE PURSUIT
POLICY (Director of Public Safety)
Pulled from the Consent Calendar.
5. RESOLUTION 13639 ADOPTING A PROGRAM OF VOLUNTARY WATER
CONSERVATION TO REDUCE WATER CONSUMPTION BY
10% (City Manager)
The Metropolitan Water District of Southern California (MWD)
requested the City adopt a resolution implementing a program to
encourage voluntary water conservation to reduce water consumption
by 10%. If water consumption can be reduced by 10%, the City could
expect to save approximately $31,000 annually. Cost to "audit" the
City's various irrigation systems would be minimal.
MINUTES - 4 - July 12, 1988
6a. RESOLUTION 13640 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA JAYCEES IN
REGARD TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (City Manager)
b. RESOLUTION 13641 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GRETCHEN EVANS LIBRARY
CONCERTS IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
c. RESOLUTION 13642 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
d. RESOLUTION 13643 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COMMUNITY SUBSTANCE
ABUSE TASK FORCE IN REGARD TO THE
EXPENDITURE OF CITY FUNDS APPROPRIATED
The 1988-89 budget includes funding of various Community Promotions
organizations. Agreements have been prepared for the groups in the
amounts approved by the City Council at the budget hearing of June
21, 1988. Funds are included in the FY 1988-89 Community
Promotions budget for support of these organizations.
7. RESOLUTION 13644 APPROVING AGREEMENT BETWEEN THE CITY AND
THE COUNTY TO PROVIDE SENIOR INFORMATION
AND REFERRAL SERVICES TO THE SOUTH BAY AREA
DURING FISCAL YEAR 1988-89 (Director of
Parks & Recreation)
The Center which is operated by the City is the primary senior
service resource in Chula Vista and plays a leading role in
representing the City in addressing all human service needs in the
local area. The County Area Agency on Aging (Triple "A") is
pleased with the services provided and has proposed that the
existing agreement to operate the Center be extended for another
year beginning July l, 1988. A grant of $15,715 from Triple "A"
combined with $55,000 from the City's Community Development Block
Grant would be the funding sources for this program.
8. RESOLUTION 13645 ACCEPTING EASEMENT FROM HARRIET RAMAGE FOR
ROAD PURPOSES ALONG THE WEST SIDE OF LAS
FLORES DRIVE JUST NORTH OF "D" STREET
(Director of Public Works)
In order to construct a small portion of missing improvements on
the west side of Las Flores Drive just north of "D" Street, it was
necessary to obtain the right-of-way from the property owner.
Monies saved during the construction of the project will be
utilized to construct these improvements.
MINUTES - 5 July 12, 1988
9. RESOLUTION 13646 APPROVING REPLACEMENT SUBDIVISION
IMPROVEMENT AGREEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA
VISTA TRACT 87-8, RANCHO DEL SUR, UNIT NO.
2 AND RELEASING RANCHO DEL SUR PARTNERSHIP
FROM A SUBDIVISION IMPROVEMENT AGREEMENT
FOR RANCHO DEL SUR UNIT NO. 2 {Director of
Public Works)
Buie-Sunbow Limited, a California Limited Partnership, has
requested that they be allowed to accept the responsibility for
construction of required public improvements in Unit 2 of Rancho
del Sur. They are in the process of purchasing that unit from
Rancho del Sur Partnership and developing it for the Buie
Corporation.
lO. RESOLUTION 13647 APPROVING REPLACEMENT SUBDIVISION
IMPROVEMENT AGREEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT FOR CHULA
VISTA TRACT 87-8, RANCHO DEL SUR, UNIT NO.
3 AND 5 AND RELEASING RANCHO DEL SUR
PARTNERSHIP FROM A SUBDIVISION IMPROVEMENT
AGREEMENT FOR RANCHO DEL SUR UNIT NO. 3 AND
5 {Director of Public Works)
The Fieldstone Company, a California Limited Corporation, has
requested that they be allowed to accept the responsibility for
construction of required public improvements in Units 3 and 5 of
Rancho del Sur. They are in the process of purchasing those units
from Rancho del Sur Partnership and developing them.
11. RESOLUTION 13648 DESIGNATING THE CITY OF CHULA VISTA
REPRESENTATIVE AUTHORIZED TO SIGN
RIGHT-OF-WAY CERTIFICATIONS {Director of
Public Works)
In order to obtain Federal authorization for construction funds in
projects involving participation of Federal Aid highway funds, a
Right-of-Way/Utility Certification is required in nearly every
project. The certifications must be signed by the authorized
representative of the local agency and a resolution designating
the local official authorized to sign certifications must be on
file at the California Department of Transportation District Office.
Council designated the Director of Public Works and City Engineer
as the local agency officials authorized to execute on behalf of
the City Rights-of-Way/Utility Certifications for federally funded
projects.
12a. RESOLUTION 13649 ACCEPTING, DEDICATING AND NAMING CERTAIN
REAL PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED AT 695 MOSS STREET
{Director of Public Works)
MINUTES 6 July 12, 1988
b. RESOLUTION 13650 ACCEPTING EASEMENT FROM MOSS INDUSTRIAL
PARK V FOR STREET TREE PURPOSES AT 695 MOSS
STREET
On June 6, 1988, the Engineering and Planning Departments approved
Tentative Parcel Map 88-7. In conjunction with the Final Parcel
Map, the developer was required to grant easements for street and
street tree purposes.
13. RESOLUTION 13651 ACCEPTING GRANT DEED TO CERTAIN REAL
PROPERTY FROM SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT FOR TRAFFIC CONTROL
EASEMENT FOR BONITA POINT SHOPPING CENTER,
LOCATED AT THE NORTHWEST CORNER OF EAST "H"
STREET AND OTAY LAKES ROAD (Director of
Public Works)
The subject easement is to allow for the installation of the
traffic signal in Otay Lakes Road which the developer was required
to construct pursuant to the Tentative Parcel Map conditions. The
document granting said easement has been properly executed,
notarized and submitted.
14a. RESOLUTION 13652 ACCEPTING EASEMENT FROM CHRISTIAN d. AND
LINDA A. ZIEGLER, DENNIS E. WHITE, AND
DENNIS A. AND TINA M. PUGH FOR STREET
RIGHT-OF-WAY AT 148 FOURTH AVENUE (Director
of Public Works)
b. RESOLUTION 13653 ACCEPTING EASEMENT FROM JOSE LUIS SEVILLA
AND ELIA VALDEZ AND AVIGAY SEVILLA FOR
STREET RIGHT-OF-WAY AT 411 FLOWER
The owners of the property at the northwest corner of Fourth Avenue
and Flower Street submitted plans for the construction of an
apartment building. A condition of approval was to widen the
portion of Flower Street adjacent to the parcel. As a result, the
owners are required to dedicate a 2D-foot strip of land along the
frontage on Flower and a two-foot strip along Fourth Avenue to
bring the street width into conformance with the City's standard
for a collector street.
15a. RESOLUTION 13654 APPROVING THE REPORT OF THE CITY ENGINEER
FOR THE SPREAD OF ASSESSMENTS, EASTLAKE
MAINTENANCE DISTRICT NO. 1 (Director of
Public Works)
b. RESOLUTION 13655 INTENTION TO ESTABLISH EASTLAKE MAINTENANCE
DISTRICT NO. 1 AND SETTING A DATE FOR THE
PUBLIC HEARING
On May 17, 1988, Council ordered the City Engineer to prepare and
file a report of assessments for landscape maintenance of street
medians in EastLake for FY 1988-89. The report has been prepared
and July 26 was set for a public hearing to consider the spread of
assessments. There will be no impact on the City's funds as the
districts will pay the administrative and Willdan's costs.
MINUTES 7 July 12, 1988
16. RESOLUTION APPROVING A POLICY ON MINUTES FOR CLOSED
SESSIONS (City Attorney)
Pulled from the Consent Calendar.
17. ORDINANCE 2272 AMENDING SECTION 2.05.010 OF THE MUNICIPAL
CODE ESTABLISHING UNCLASSIFIED POSITIONS
SECOND READING & ADOPTION (Director of
Personnel)
The ordinance amending section 2.05.010 of the Municipal Code
establishing unclassified positions was placed on first reading at
the meeting of June 21, 1988.
18. ORDINANCE 2273 AMENDING CHAPTERS 5.26, 19.04, 19.32,
19.36, 19.38, 10.40, and 19.58 OF THE
MUNICIPAL CODE RELATING TO THE LICENSING OF
DANCE PERMITS - SECOND READING & ADOPTION
(Director of Planning)
The ordinance amending Chapters 5.26, 19.04, 19.32, 19.36, 1~.38,
19.40 and 19.58 of the Municipal Code, relating to the licensing of
dance permits was placed on first reading at the meeting of June
21, 1988.
19. REPORT REQUEST FOR OVERNIGHT STREET CLOSURE ON
THIRD AVENUE (Director of Parks &
Recreation)
On July 16 and 17, the Chula Vista Downtown Association will
conduct the Annual Country Festival and the Miller Genuine Draft
Maquina Musical on Third Avenue. The Council previously approved
both events along with street closures on Saturday (between
Davidson and Madrona) and Sunday (between "E" and Madrona).
Presently, the scheduled hours for these closures are 6:00 a.m. to
6:00 p.m and 6:00 a.m. to 9:00 p.m., respectively.
20. REPORT ON BOARDS, COMMISSIONS, COMMITTEES (B/C/C)
ATTENDANCE POLICY (City Clerk)
Pulled from the Consent Agenda.
21. REPORT ON REQUESTS FOR REAPPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES (City Clerk)
Pulled from the Consent Agenda.
END OF CONSENT CALENDAR
MINUTES 8 July 12, 1988
JOINT COUNCIL/REDEVELOPMENT MEETING
22. REPORT ANALYZING A PROPOSAL FROM ST. VINCENT DE
PAUL CENTER TO DEVELOP THE REDEVELOPMENT
AGENCY'S PROPOSED RELOCATION MOBILEHOME
PARK (Community Development Director)
This item was trailed pending the arrival of Father Joe Carroll and
follows item 23.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
At 7:28 p.m., Councilman Malcolm left the dais.
JOINT COUNCIL/REDEVELOPMENT MEETING
23. PUBLIC HEARING REGARDING SECOND AMENDMENT TO THE TOWN
CENTRE NO. II REDEVELOPMENT PLAN AND FINAL
EIR FOR SAID AMENDMENT (Community
Development Director)
Mayor Cox announced that all Members of the Redevelopment Agency
were present with the exception of Member Malcolm.
This being the time and place as advertised the public hearing was
declared open.
Chairman Cox reported that prior to proceeding with the public
hearing on the Redevelopment Plan Amendment and Final EIR, the
Agency must first approve the Owner Participation Rules and
Regulations, Relocation Assistance Rules and the Agency Report to
the City Council on the Redevelopmerit Plan Amendment.
Mayor Cox reported the purpose of this joint public Ilearing is to
consider and act upon (1) the proposed Second Amendment to the Town
Centre No. II Redevelopmerit Plan and Project Area; and (2) the
Final Environmental Impact Report on the Redevelopment Plan
Amendment.
Exhibit A, Affidavit of Publication of the Public Hearing;
Exhibit B, Certificate of mailing of Notice of Public Hearing
to each property owner in the Project Area as shown on the
last equalized assessment roll; and Exhibit C, Certificate of
mailing of Notice of Public Hearing to the governing bodies
of each taxing agency within the Project Area were received
by Councilmembers and made a part of this record and filed in
the office of the Executive Secretary of the Redevelopmerit
Plan of the City of Chula Vista.
MINUTES 9 - July 12, 1988
Mayor Cox reported that State law requires he preside over this
joint public hearing under Part 1 of Division 24 of the Health and
Safety Code, commencing with Section 33000, (commonly referred to
as the "Community Redeveloment Law" and the California
Environmental Quality Act (commonly referred to as "CEQA")
commencing with Section 2000 of the Public Resources Code. This is
a combined public hearing on both the Redevelopment Plan Amenamen%
and Final Environmental Impact Report on the Redevelopment Plan
Amendment and asked that speakers make it clear whether the remarks
are directed to the Plan, the Environmental Impact Report or both.
Mayor Cox further reported the oreer of proceeure. First, the
staff will present the proposed Redevelopment Plan Amendment, the
Environmental Impact Report and other evidence and testimony.
Second, any written comments will be receiveo. Third, any evidence
or oral testimony from those present concerning the Redevelopment
Plan Amendment or the Environmental Impact Report will be received
and it was asked that speakers confine themselves to new comments
only.
Assistant City Attorney Rudolph reported the purpose of the hearing
is to consider evidence and testimony for and against the
certification of the Final EIR and adoption of the Redevelopment
Plan Amendment Evidence will be introduced for consideration by
the City Council and the Agency in connection with certain findings
and determinations that will be made with respect to the Ordinance
adopting the Plan Amendment. These findings an~ determinations are
set forth in Section 33367 of the Health and Safety Code and are
generally summarized as follows:
1. The Project Area exhibits the conditions of blight as
outlined in Sections 33031 and 33032 of the Health and Safety
Code and Agency action is necessary to effectuate the public
purposes declared in the Redevelopment Law.
2. The Redevelopment Plan Amendment woul~ address conditions
present in the area in conformity with the Redevelopmen% Law
and in interests of the public peace, health, safety ane
welfare.
3, The adoption and carrying out of the Redevelopmen% Plan
Amendment is economically sound and feasible.
4. The Redevelopmen% plan amendment conforms to she General
Plan of the City.
5, The carrying out of the Redevelopment Plan Amenement
would promote the public peace, health, safety and welfare
and would effectuate the purposes and policy of
Redevelopmen% Law.
6. The condemnation of real property may be necessary to ~he
implementation of the Redevelopmerit Plan Amendment and
adequate provisions have been made for payment for property
to be acquired as provided by the Redevelopmen% Law.
MINUTES - lO July 12, lgBB
7. If implementation activities result in the temporary or
permanent displacement of any occupants of housing facilities
in the Project Area, the Agency has a feasible method or plan
for the relocation of families and persons displaced by
project activities.
8. The inclusion of any lands, buildings, or improvements
which are not detrimental to the public health, safety or
welfare is necessary for an effective redevelopment program.
No area is included in the Project Area solely for the
purpose of obtaining an allocation of tax increment revenues
from the area pursuant to Section 33670 of the Health and
Safety Code.
9. The elimination of blighting conditions and the
development of needed public facilities and utilities within
the Project Area could not reasonably be expected to be
accomplished by private enterprise acting along without the
aid and assistance of the Agency.
lO. The effect of tax increment financing will not cause a
significant financial burden or determerit on any taxing
agency deriving revenues from the Project Area.
ll. Not less than 80% of the Project Area is urbanized.
Redevelopmerit Coordinator Kassman reported the proposed amendment
is to add approximately 147.11 acres of land to the Town Centre No.
II Redevelopment Project Area, which comprises commercial,
residential, institutional and vacant properties that would benefit
from redevelopment assistance to stimulate their economic
viability. The reasons for selecting the area is to accommodate
the desire of the Sweetwater Union High School District to include
certain properties under their ownership in the amended area and to
complement the Chula Vista Shopping Center currently being
expanded.
Corrections to the text of the Proposed Second AmenOment to
the Town Centre II Redevelopment Plan, entitled ERRATA and
attached to the original of the Proposed Second Amendment to
the Town Centre II Redevelopmerit Plan, was received by
Councilmembers, made a part of this record and filed in the
office of the Executive Secretary of the Redevelopmerit Agency.
Frank Spevacek of the consulting firm of Rosenow SpevaceK, 414 West
4th Street, Santa Ana, summarized the contents of the Report of the
Agency to the City Council, which is the basic supporting
documentation for the Redevelopment Plan Amendment.
The Report of the Agency was received by Councilmembers, made
a part of this record, and filed in the office of the
Executive Secretary of the Redevelopmerit Agency of the City
of Chula Vista.
MINUTES ll July 12, 1988
Diana Richardson, P & D Technologies, Environmental Consultant,
summarized the Final Environmental Impact Report on the
Redevelopment Plan Amendment. The City of Chula Vista is the "lead
agency" in the preparation of the EIR which evaluates the potential
significant environmental impacts of the Plan Amendment. Ms.
Richardson reported the impacts of t~e potential redevelopmerit of
the lO redevelopment sites analyzed. Future redevelopment would
depend on t~e initiative of the property owner and the worst case
scenario was analyzed in order to give decision makers a summary of
the most significant potential situation that could occur.
Exhibit "E", Final Environmental Impact Report; Ex~iDit "F",
Additional letters, comments and responses, if any, from
responding agencies; and Exhibit "G", written public
communications regarding the Final EIR was received by
Councilmembers, made a part of this record, and filed in the
office of the Executive Secretary of the Redevelopment Agency
of the City of Chula Vista.
Frank Spevacek summarized the Second Amendment to the Redevelopmerit
Plan and provided Councilmembers with areas to be amended.
Exhibit "H", Text of the Second Amendment to the Town Centre
No II Redevelopment Plan Amendment; and Exhibit "I",
Preliminary Report, were received by Councilmembers, made a
part of this record, and filed in the office of the Executive
Secretary of the Redevelopmerit Agency of the City of Chula
Vista.
Community Development Specialist LoBue summarized the written
communications received from the Metropolitan Water District of
Southern California, the Chula Vista City School District, the San
Diego County Office of Education, and the Community Systems
Associates Inc. Additionally, a memorandum from the Secretary of
the Montgomery Planning Committee reported actions taken at their
regular session on July 6, 1988 was received by Community
Development Director Desrochers and he emphasized that land uses is
not an issue at this meeting and that all the land uses in ~he
Redevelopment program follow the General Plan land uses.
Exhibit "j", Taxing agencies response to Plan Amendment, and
Exhibit "K", Public Communications concerning the Plan
Amendment was received by Councilmembers, made a part of this
record, and filed in the office of the Executive Secretary of
the Redevelopment Agency of the City of Chula Vista.
There was no one present to speak in favor of the Redevelopmerit
Plan Amendment or Environmental Impact Report.
Those speaking in opposition:
Fred Creveling, Chairman of the Montgomery Planning Committee,
reminded Council that the action proposed tonight was one they
assured the Montgomery residents would not happen for four years
and requested an explanation for the reasons for both the Plan and
the Environmental Impact Review. He reminded Councilmembers of the
need for parks in the Montgomery area and also questioned the
fiscal effects. Director of Community Development Desrochers
explained that Mr. Creveling's assumption is correct; as presently
proposed the tax revenues would
MINUTES - 12 July 12, 1988
be devoted to the School District to assist in financing of the
proposed School District Headquarters site. Councilmember Moore
referred to Council's promise not to change things for four years
as stated by Mr. Creveling but that the property owner specifically
requested inclusion of the Montgomery site in the project area and
no property condemnation or tenant relocation would be involved in
redevelopment of the site.
Ray Halpenny, 670 "F" Street, Chula Vista, stated he was in
favor of the Plan but questioned the proposed zoning and
recommended Council exclude the possible industrial use from item 5
and item 8 and to insert R-3. Director of Community Development
Desrochers confirmed that staff anticipates the General Plan will
change and that the area in question will follow the General Plan.
Mike Clark, 2148 Broadway, 92102, representing Chula Vista
Properties, a partnership which owns several buildings in Amendment
area #4 at the corner of Fifth and "H" Street, stated his concern
regarding the impact that tonight's decision would have on the
property. The buildings are owned separately from the land in
which area there are approximately 30 businesses; the landowner is
not affected. Council action on the subject resolutions will
severely affect the partnership's ability to attract businesses on
this property for the next several years unless implemented quickly.
Director of Community Development Desrochers stated it is premature
to discuss land uses at this time, staff is obligated to work with
the interests on that property and recognizes Council's directive
that the present recreational youth uses should not be lost.
Redevelopmerit Coordinator Kassman reported his meeting with the
business owners who expressed their concerns regarding the City's
plans and their willingness to work with staff.
jim Peltier, leasehold property owner of the Bank and Urgent Care
Center in property area #4, explained his involvement with the
original lease on this area #4 and informed Council tile owner, Mr.
Cohen, lives in Miami, Florida. Mr. Pelletier questioned and was
informed that the Bank and Urgent Care Center will be incluaed in
the proposed Amendment but approval of the Amendment does not mean
it would necessarily affect the property.
Tod McCreedy stated he had a vested interest in Area #4 and
questioned the type of development planned and the time it will be
implemented. Director of Community Development Desrochers reported
the Redevelopment Plan is a implementing provision of the law that
allows the Agency to take certain actions. The time line is really
dependent on the property owners and the tenants. The Agency would
like to see the property improved and present a comprehensive plan
for the area. If the ownership interests designate a
representative to present options for a plan, it could be
accomplished more quickly, but until the proposeo ordinance is
passed, the Agency does not have the ability to talk to the owners
and tenants.
MINUTES 13 - July 12, 1988
Bob Grove, Fogarty Trailer Park resident, 184 Broadway, reported
that the trailer park houses senior citizens, the disabled and
retired military personnel and stated the apprehension of the
residents who do not want to move from the area. Director of
Community Development Desrochers reported that the General Plan
presently designates this area for commercial thoroughfare uses
only; the trailer park preceded the zoning for the area and there
is no proposal to change the land use. Mr. Grove asked the Council
to be sensitive to the problems of those who live in low income
mobilehomes, and requested that the inclusion of this particular
property be tabled until the residents receive better information
and the ability to provide input.
Frank Spevacek, Rosenow and Spevacek, reported that on March 7,
1988, a property owners' meeting was held to discuss this
undertaking, at which the owner of Fogarty's Trailer Park was
present. On May ll, a meeting of all residential and business
tenants was held, knowing that a lot of mobilehome units were
involved as well as lessees of property and notice of the meeting
was distributed door to door by staff. Questioned by
Councilmembers, Director of Community Development confirmed there
is no move on the part of the City to initiate or encourage a land
use change on this property. He added that tenants in any
mobilehome park have added protection and can rely on State
regulations for relocation, the Health and Safety regulations and
the relocation provisions for the Redevelopmerit Law.
Councilman Nader acknowledged that aesthetics is considereo a
driving force behind redevelopment efforts, reported his desire for
affordable housing and recreational uses for the community, and
requested staff to take these priorities into consideration with
the redevelopmerit plans.
There being no others to speak for or against this item, at 8:40
p.m., the Chair declared the public hearing closed for both the
Redevelopment Agency and the City Council.
At 8:40 p.m., the Joint Meeting of the City Council and the
Redevelopmerit Agency was adjourned to meet as the Redevelopment
Agency.
RESOLUTION 933 OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA CERTIFYING AS TO ITS REVIEW OF
THE FINAL EIR WITH RESPECT TO THE SECOND
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
TOWN CENTRE NO II REDEVELOPMENT PROJECT AND
MAKING CERTAIN FINDINGS
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was
waived by unanimous consent, passed and approved. (Member Malcolm
out)
At 8:44 p.m., the Redevelopment Agency adjourned to meet as City
Council.
MINUTES 14 - July 12, 1988
MOTION
MSC l'McCandliss/Cox) to accept the comments and both written and
oral objections to the Redevelopment Plan Amendment. (Councilman
Malcolm out)
RESOLUTION 13656 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CERTIFYING AS TO ITS
REVIEW OF THE FINAL EIR WITH RESPECT TO THE
SECOND AMENDMENT TO THE REDEVELOPMENT PLAN
FOR THE TOWN CENTRE NO. II REDEVELOPMENT
PROJECT AND MAKING CERTAIN FINDINGS
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was
waived by unanimous consent, passed and approved. (Councilman
Malcolm out)
Councilwoman McCandliss reported this action as a legal formality
to set an environment for change and, although there is no plan at
present it will allow the City to work with property owners if
=
appropriate and, before any change is effected, public hearings
will be held.
To answer Councilman Nader's question, Consultant Frank Spevacek,
reported the law does not require that each and every site must be
considered blighted to be included within the project area: Site
#4 can be included in the redevelopment project area at the request
of the property owner, as long as the Agency is not doing that for
the sole purpose of taking money for tax increment revenues; Site
#4 can be included because the site is subdivided into a variety of
irregular parcels. Regarding site #7 the Civic Center, the law
provides for deficient public facilities to be a blighting
influence and such properties can be included in the project area,
particularly if the property owner requests it beincluded.
City Council adjourned to meet as the Redevelopment Agency.
RESOLUTION 934 OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING AND ADOPTING OWNER
PARTICIPATION RULES AND REGULATIONS AND
APPROVING AND AUTHORIZING TRANSMITTAL OF
ITS REPORT TO THE CITY COUNCIL WITH RESPECT
TO THE SECOND AMENDMENT TO THE TOWN CENTRE
NO. II REDEVELOPMENT PLAN
RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was
waived by unanimous consent, passed and approved. (Member Malcolm
out)
The Redevelopment Agency adjourned to meet as the City Council.
MINUTES - 15 - July 12, 1988
ORDINANCE 2274 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND ADOPTING THE SECOND
AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE
TOWN CENTRE NO. II REDEVELOPMENT PROJECT -
FIRST READING
Councilman Nader questioned the time constraints and Community
Development Director Desrochers explained the Plan must be
approved. adopted and immediately filed with the County to receive
the tax increments for this coming fiscal year.
MOTION
M (Nader) to amend the Ordinance by deleting Parcels #1 and #4
Motion failed for lack of a second.
ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived
by unanimous consent, passed and approved. (Councilman Malcolm out)
MOTION
MS ~ Moore/Nader) to direct staff to increase the tempo of liaisons
with property owners and tenants to provide more thorough
background information and potential in more depth without making
commitments.
ADDITION TO THE MOTION
(Cox/Moore) to include the concerns of the residents which were
raised on #4 and #7.
ADDITION TO THE MOTION
(McCandliss/Moore) to include in the discussions how rarely the
City Council uses eminent domain.
ADDITION TO THE MOTION
(Nader/Moore) to include in that motion that, in the event of any
new developments or steps made on the part of the City or property
owners toward any redevelopmerit action, an appropriate update be
made to the Council at that time rather than waiting until it is
time to make a decision.
VOTE ON THE ORDINANCE AND ADDITIONS TO THE ORDINANCE
Motion carried. (Councilman Malcolm out)
At 9:03, City Council went into recess and reconvened at 9:16 p.m.
At 9:18 p.m., Councilman Malcolm returned to the dais.
JOINT COUNCIL/REDEVELOPMENT MEETING
22. REPORT ANALYZING A PROPOSAL FROM ST. VINCENT DE
PAUL CENTER TO DEVELOP THE REDEVELOPMENT
AGENCY'S PROPOSED RELOCATION MOBILEHOME
PARK (Community Development Director)
Mayor Cox announced this item is not a formal public hearing but
that public input is invited.
MINUTES - 16 - July 12, 1988
Assistant Director of Community Development Gustafson reported the
proposal is to build and operate a mobilehome park on the property
owned by the Redevelopment Agency and that the general proponents
are that the St. Vincent de Paul Center would lease the property
from the Agency at a nominal rate and develop, own and manage the
mobilehome park. Two characteristics of the park would be included
transitional homeless from the Center and those people displaced
from the mobilehome park. Staff recommends the mix be comprised of
80% displaced mobilehome residents and 20% homeless who are in
transition to restructure their family lives. The housing units
are proposed to be manufactured housing units, one to three years
old and donated by Security Pacific. Construction contractors on
all levels, architects and landscapers have all pledged their
services at no cost in addition to donations and contributions by
others - all of which allow affordable housing to these residents.
Councilmembers discussed this proposal which includes much needed
work on details and, in the long run, will provide new affordable
housing for many residents whose living conditions are not now up
to standard and who will be displaced by changing land uses.
Security Pacific's proposal, an investment of $3,000,000, will
hopefully tonight bring out information to solve many problems of
the City.
Father Joe Carroll, 1550 Market Street, San Diego, 92101, St.
Vincent de Paul Center, stated that the transitional residents will
be screened, having already completed the program, and that
Security Pacific will be involved in this project for 15 years.
Time is important as the tax benefits available to Security Pacific
to invest in this project expire in one and one-half years, at
which time the project must be in use.
Those speaking in favor of the project were:
Fred Cordes, 741 llth Avenue, San Diego, who reported his
experience after a long hospital stay because of arthritis in both
knees, which culminated with his dependency on the St. Vincent de
Paul Center to "help put his life together" after losing all of his
funds; Carol Iseman, 656 Fifth Avenue, San Diego, 92101, offereO
her personal story to help others understand and questioned how
many people have reserves to provide the mortgage or rent past two
or three months should such a sickness or misfortune surface; Joe
Stern, 6923 Amherst San Diego, a member of the Senior Legislature
and Vice President of a mobilehome advocacy group called "Hostages"
urged Council to vote for the proposal; Reverend R. C. Flaugher,
llO0 Industrial Boulevard, urged Council to approve Plan No. l, as
did Harold Duncan, llO0 Industrial Boulevard.
SpeakiX~ ~n opposition were:
a R. Campbell, 43 Corte Maria, 92010, who represented
residents at 37, 43, and 47 Corte Maria, questioned why the
property is now appropriate when it previously was inappropriate
for low-income families, and stressed the residents' desire for
preservation of the area's open space; Peter Watry, 81 Second
Avenue, objected to the many facilities in the City of Chula Vista
MINUTES 17 - July 12, 1988
that are relegated by the County of San Diego, agreed that the City
should address the homeless problem but questioned why areas such
as the Terra Nova area was not considered. Mr. Watry also
aodressed the Las Flores development and the possible loss in value
on their properties. Approximately 70 to 80 people in the Chamber
rose to confirm their agreement with Mr. Watry's statements.
James Pennington, 38 Vista Way, 92010, agreed with the former
speakers and stated his opposition is based on the fact that he is
concerned with tha value of his recently purchased home; Diana
RenK, 45 Corte Maria, agreed with the cause but stated this area as
not the proper place for a mobilehome park, the present
overcrowding of the schools and the neeO for open space.
Councilmembers assessed the concerns raised as not actually
opposition to proposal of the St. Vincent de Paul Center but more
of an opposition to the specific use of this area and stressed the
need to deal quickly with the problem which is present for
affordable homes and also be sensitive to the needs of the people.
Director of Planning Krempl commented that the General Plan
indicates the property in question as designated open space and the
current zoning as a combination of R-1 with a portion "unzoned". A
environmental review would consider alternatives to the project and
alternative sites if directed.
Those agreeing with a need for the proposal but spoke in opposition:
Eric B. Adney, Jr. 93 Corte Maria, stated concern w~th First
Avenue traffic; Jim Bradley, 85 Corta Maria, who feels the project
is in the wrong place; Howard Carter, 6353 Clyde Avenue, 92139,
stated that the Agency should offer the property on an "open
competitive basis"; Carolyn Williams, 134 First Avenue, urged the
Agency to look at the population density and the lack of open
space; Roy Sheppard, 366 Theresa Way, 92011, agreed with the
previous speakers; Michael Bell, lll N. Second Avenue, represented
the KOA Campground stated concern with land uses which are in
conflict with management of his park, and questioned why an
exclusive right is being proposed for use of the property; Ted
Bell, James Kelly and Frank Vallestrieri registered their
opposition; Gil Sheppard, 49 Corte Maria, questioned the
relocation process when a mobilehome park closes which was
explained by Director of Community Development Desrochers; Jeanine
Gliko and Larry Gliko, 105 First Avenue, 92010, stated concern for
lack of open space, busy thoroughfare, and the loss of property
value; Miriam Robbins, 20 Second Avenue, 92010, opposed because of
the present traffic conditions.
Those who did not speak but registered their opposition:
Julie Shipman, 66 Corte Maria, 92010; Connie Mesker, 22 Vista
Way, 92010; Nancy Perrott Harmon; Dale and Becky Ohlau; Mofoloa
Pennington; Lowell Batterton; and Rosemary Scheurenbrand.
Councilmembers further discussed the need to find an place for the
proposed relocation mobilehome park; the present opportunity to
build the park through donated funds and use 8D% of the spaces for
the displaced residents of Chula Vista.
MINUTES - 18 - July 12, 1988
MOTION
MS 1Malcolm/McCandliss) to hold a public hearing within thirty days
to consider the use of this property for anything from open space
to single family homes and to place a zone upon it to inform
everyone within a minimal amount of time.
Director of Planning Krempl confirmed a General Plan amendment is
needed to consider a rezone since the area is currently zoned open
space. Councilman Nader offered that the project could proceed at
an alternate site; Councilman Moore pointed to information received
this evening and questioned whether it would be approved in any
area of the City; Councilwoman McCandliss reminded of the
difficulty to relocate the mobilehome park residents as well as the
opportunity presented to the City to buy the subject land and Mayor
Cox observed the issues which must be dealt with referring to the
recent successful process with the Navy when selecting a site for
Navy housing.
ADDITION TO THE MOTION
MS (Nader/Malcolm) to direct staff to present alternative sites
with analysis.
VOTE ON THE MOTION AND THE ADDITION
Motion passes unanimously.
Councilman Malcolm, recognizing that Security Pacific has made a
most generous offer to the community and that St. Vincent de Paul
has a conceptually good plan, suggested Council keep the options
open if the City opts to have a trailer park in the subject
vicinity. Mayor Cox suggested that St. Vincent de Paul and the
proponents set up communications with the residents of this area so
that everyone has a full understanding of the issues.
MOTION
MSUC (Malcolm/Nader) to inform the Board of St. Vincent de Paul
that if a proper development agreement can be worked out with staff
and a site can be found, that the concept of a public/private
sector joint venture is one Council can support and would like to
see in the City of Chula Vista.
Assistant City Attorney Rudolph clarified the motion stating staff
is not being directed to solely negotiate with the St. Vincent de
Paul Center but there is general approval in concept and the
possibility remains that Council might, in the future, direct that
the Agency or Council go through a request for proposal (RFP)
process instead of sole negotiations. Councilman Malcolm agreed
with this clarification.
Mayor Cox understood the motion to state that Council approves in
concept to work with St. Vincent de Paul Center's proposal
realizing there is a number of issues to be worked out on this
particular site.
VOTE ON THE MOTION
Motion carried unanimously.
MINUTES 19 - July 12, 1988
At 11:15 p.m., Council recessed and reconvened at 11:25 p.m.
24. PUBLIC HEARING PCS-88-7: CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR LADERA VILLAS, CVT
88-7, LOCATED AT THE SOUTHWEST CORNER OF
PASEO ENTRADA AND PASEO RANCHERO EXTENDED
PUBLIC HEARING P-88-6: CONSIDERATION OF PRECISE PLAN FOR
LADERA VILLAS, CVT 88-7
a. RESOLUTION 13657 DENYING THE PRECISE PLAN FOR LADERA VILLAS
b. RESOLUTION 13658 DENYING THE TENTATIVE MAP FOR LADERA VILLAS
This being the time and place as advertised, the public hearing
continues from the meeting of June 14, 1988.
Director of Planning Krempl reported the request is for approval of
the tentative map and a precise Plan and that staff is recommending
denial of both. An environmental impact report (EIR) was
accomplished in 1981 and, if Council wishes to approve the project,
the EIR will have to be certified, CEQA findings made at a later
date and a statement of overriding considerations adopted.
Director Krempl pointed out the features of the project with
visuals for Councilmembers. The three key issues are the small lot
product, grading in the open space on the site, access to the site
and the extension to connect to Telegraph Canyon Road. In answer
to Councilwoman McCandliss' question, Director Krempl reported the
Sectional Area Plan designates the housing types and staff believes
the area is more conducive to a town house product.
Max Stewart, 3919 California St., San Diego, representing the
Ladera Villas Development, presented Councilmembers with a larger
overlay of the project. When Mr. Stewart became involved he looked
at the product as was done in Encinitas and felt the community was
better served with the single family product. Further Mr. Stewart
pointed out the manufactured slopes that were created by
development of the roads, and it is not the development that has
created the slopes. Direction was requested of Council as to the
product which he feels is appropriate for the site. He further
commented on the construction of Paseo Ranchero which runs with
McMillin's development and declared it is unfair for the City to
impose the infrastructure on the subject development.
Debbie Lechner, 1133 Del Rio Court, expressed her objection and
that of her neighbors to the development because of the traffic
which will pose a danger to children through their now quiet
neighborhood and the potential loss of the beautiful canyons.
George Hartman, 1034 Paseo Entrada, 92D10, said he represented
approximately 15 residents who remained through this long meeting
and others who had to return home, who wish to note their objection
to three issues: a preference for the single family homes but not
necessarily on the same lot sizes; the need for Paseo Ranchero to
be put in place now; and, acknowledging that there may not be a
consensus, those neighbors who did meet with the developer would
like to see Paseo Ranchero cul-de-sac'd.
MINUTES 20 - July 12, 1988
Peter Watry, 81 Seconds Avenue, 92010, representing Crossroads,
referred to the "hillside ordinance" and questioned whether it
applied to this development; the plan should be adjusted to fit the
terrain rather than the opposite.
In answer to Councilman Nader's question, Principal Planner Lee
commented that the area does not include the hillside overlay zone
and, therefore, does not violate the ordinance.
There being no others to speak for or against this project, the
public hearing was closed.
Mr. Stewart reported his estimate for 164,000 cubic yards of
grading required to slope the banks, and Councilman Malcolm
suggested staff look again at the realignment of that road in an
effort to solve both the applicant's and the residents' problem,
and his agreement with Mr. Hartman that attached con~ominiums are
inappropriate for this area. Councilwoman McCandliss stated her
preference for a single family product in this area with more open
space.
MOTION
MS ~der/McCandliss) to adopt the recommendation of the Planning
Commission to deny the Precise Plan and to deny the Tentative Map.
Councilman Malcolm stated his preference to send the item back to
staff and the Planning Commission to review the entire area.
VOTE ON THE MOTION
Motion Carried. (Councilman Malcolm voted no.)
MOTION
MS T'~ader/McCandliss) to direct staff to schedule appropriate
proceedings to consider adding the hillside overlay.
SUBSTITUTE MOTION
MSUC (Cox/Malcolm) to refer this back to staff to work with the
applicant to see what could be done to preserve the main
geographical features of the site and, at the same time, allow
development of the site.
Councilmembers concurred staff is not limited in direction but
could include a look at the hillside modifier and could confer not
only with the applicants but those who appeared to speak.
MOTION
~Nader/Cox) to refer to staff and the Safety Commission the
question of whether Paseo Entrada should be cul-de-sac'd.
25. PUBLIC HEARING MAJOR USE PERMIT PCC 87-39M: APPEAL OF
PLANNING COMMISSION DENIAL OF REQUEST TO
MAINTAIN AN EXISTING R.V. STORAGE LOT NOW
OPERATING ILLEGALLY AT 1483 BROADWAY -
BROADWAY EQUITIES, LTD. (Director of
Planning)
MINUTES 21 - July 12, 1988
RESOLUTION DENYING MAJOR USE PERMIT PCC 87-39M TO
MAINTAIN AN EXISTING RV STORAGE LOT
This being the time and place as advertised, the public hearing
continues from the meeting of May 3, 1988.
Director of Planning Krempl reported that staff recommended the
item for denial. The applicant, Broadway Equities Ltd. established
an R.V. storage lot two years ago without obtaining a major use
permit from the County. Upon annexation to the City of Chula
Vista, zoning enforcement personnel received complaints that
storage contained within this lot was unsightly. The owners were
notified that the lot was established illegally and that a major
use permit must be obtained or the use abated. The storage lot is
located on San Diego Gas and Electric utility property on the east
side of Broadway, south of Palomar Street. Director Krempl
explained the several options Council could consider.
Don Rose, P.O. Box 1831, 92112, representing San Diego Gas &
Electric, stated the zoning for the area will not be designated
until a special study is completed and therefore the use is not in
conflict with the Montgomery Plan and inappropriately recommended
for denial. Mr. Rose reported the problems associated with a
vacant right-of-way across the street from the site stating the
present use is more beneficial to the neighborhood.
Bob Kolodny, speaking on behalf of Ron Withall of Beaty Development
Company and Tom Beaty of Broadway Equities, summarized what had
happened in the past restating the applicant did not know a major
use permit was necessary. The applicant has spend in excess of
~250,000 on the site and is willing to adhere to all regulations
and conditions. Mr. Kolodny compared the use to neighboring uses
in the area and requested that the applicant be allowed to stay
pending the final study because of the need for the facility in the
community. (9 people in the Chamber stood in agreement with Mr.
Kolodny's statements; recognition was given to the fact that
approximately 90% may have left because of the late hour.)
Florence Barrett, 1404 Broadway, 92011, neighbor across the street
from the subject site, reported the problems with transients and
illegal activities on the vacant lot on her side next to the SDG&E
easement as well as the cost to repair damages and protection
against damages. Ms. Barrett requested Broadway Equities be
allowed to stay; if the land is vacant more problems would be
encountered in the neighborhood.
David Barrett, 1404 Broadway, 92011, supported his wife's
statements and to let the SDG&E lease the property for the
betterment of the community.
Ken Land, 1483 Broadway, Broadway Equities Ltd., reported that the
storage facility is now 93% occupied assuring the need for the
facility in the area, and confirmed that the lot previously was
used as a place for people to congregate for illegal uses.
MINUTES 22 - July 12, 1988
Tom Beaty, Beaty Development Company, commented that, in addition
to the $250,000 already spent on the RV site, additional money will
be spent to meet the requirements of staff and requested the
facility be allowed to stay pending the findings of the special
study.
Councilmembers discussed the many issues, estimated the Special
Study will be completed between 12 to 18 months, the agreement by
the applicant to complete the requirements recommended by staff
with the exception only of the paving, the commitment of San Diego
Gas & Electric to complete the improvements and notification to
space renters there is no assurance of a rental space after the
time limit.
MOTION
MSUC (McCandliss/Cox) to allow the storage facility to remain for
eighteen months or until the Special Study is completed, whichever
comes first, on the condition that the requirements on page 3, with
the exception of the paving, be completed within sixty days and
that all Recreational Vehicle space renters be notified they have
eighteen months to remain at this location and to include San Diego
Gas & Electric's gracious offer to put in the improvements across
the street.
Assistant City Attorney Rudolph explained that Council procedurally
granted a conditional use permit for a specific time and, if the
plan results come back and are positive for the applicant, to
modify the conditional use permit and take the 18 months off of it
to make it permanent or some modification to that, dependent upon
the result. There would not be a continuation of this hearing but
some new process for modification.
Chairman Creveling of the Montgomery Planning Group cautioned
Councilmembers not to enforce the installation of fire hydrants,
contrary to the Fire Marshal's recommendation, since it is illegal
to build in this area.
MOTION
MSUC (Malcolm/Nader) to refer Chairman Creveling's remarks to staff
with a report back to Council immediately.
26. ORAL COMMUNICATIONS - None
PULLED ITEMS
3c. CONCERN REGARDING TRAFFIC NOISE IN RESIDENTIAL AREA AND ZONE
VARIANCE TO REDUCE NOISE - Walter Barton, 9 L Street, Chula
Vista
Walter Barton, 9 "L" Street, expressed his disagreement with the
recommendation to have staff analyze and discuss the letter with
him on other alternatives that may be available to mitigate the
noise problem. Mr. Barton referred to the decibel averages
established by a 1974 City of Chula Vista study and stated that his
area far exceeds this average, and recommended that staff analyze
and report back to Council for a provision for a setback to enable
MINUTES 23 - July 12, 1988
him to build a front wall at his own expense. Mr. Barton also
requested that the City Attorney give advice on what other cities
in the state have done to correct noise problems with barriers.
MOTION
M"S'D'C'~Moore/Cox) to ammend the staff recommendation to review the
Municipal Code for potential amendments as it pertains to
residential streets exceeding such noise levels.
4. RESOLUTION ADOPTING POLICE DEPARTMENT VEHICLE PURSUIT
POLICY (Director of Public Safety)
Councilmembers concurred this item be continued to the Regular
Meeting of July 19, 1988.
16. RESOLUTION APPROVING A POLICY ON MINUTES FOR CLOSED
SESSIONS (City Attorney)
Councilmembers concurred this item be continued to the Regular
Meeting of July 19, 1988.
20. REPORT ON BOARDS, COMMISSIONS, COMMITTEES (B/C/C)
ATTENDANCE POLICY (City Clerk)
On December 8, 1987,a memo was sent to all Boards, Commissions, and
Committees explaining the Council's proposed policy of having
attendance by their members for 75% of the time without any valid
or excused absences. Out of the 19 B/C/Cs, 7 were committees which
were not applicable to this policy, and only 8 out of the remaining
12 responded to the memo. Staff recommended Council direct that a
resolution be brought back establishing a policy incorporating
requirements of the attendance policy.
Fred Creveling, 555 Oxford Street and Chairman of the Montgomery
Planning Committee, indicated that No. 1 and No. 5 of the report
may be in direct conflict, and reported that all committees may not
want to be considered the same, referring to those which do hold
public hearings and those which do not where attendance may not be
crucial.
Councilmembers concurred this item be continued to the Regular
Meeting of July 19, 1988.
21. REPORT ON REQUESTS FOR REAPPOINTMENTS TO BOARDS,
COMMISSIONS AND COMMITTEES (City ClerK)
Councilmembers concurred this item be continued to the Regular
Meeting of July 19, 1988.
27. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings - Reminder of the Adjourned
Meeting of Council on Thursday at 5:00 p.m. regarding the
Civic Center Master Plan and the Bayfront Plan, a Joint
Meeting with the Board of Ethics at 7:00 p.m.
MINUTES 24 July 12, 1988
On Saturday at 8:00 am, Council will meet at the corner of
Brandywine and Otay Valley Road at the Hyspan facility for a
tour and joint meeting of the Agency with the Otay River
Valley Project Area Committee.
28. MAYOR'S REPORT
a. 1. Status report on Otay River Valley Regional Park
Interjurisdictional Cooperation and Resources.
Councilmembers concurred this item be continued to the
Regular Meeting of July 19, 1988.
2. Letter of support to State Coastal Conservancy re:
Southwest Wetlands Interpretive Association (SWIA) Grant
MOTION
~FS'C'FCox/Moore) send a letter of support to the State Coastal
Conservancy for the grant to implement a portion of the Otay River
Valley. (Councilman Malcolm abstained on the chance he might
possibly have a conflict of interest.}
29. COUNCIL COMMENTS
COUNCILMAN NADER:
a. Proposal for City offices recycling program.
Councilmembers concurred this item be continued to the
Regular Meeting of July 19, 1988.
b. RESOLUTION 13659 PROCLAIMING SUNDAY, JULY 31, 1988 AS "STING
APPRECIATION DAY" IN THE CITY OF CHULA
VISTA, CALIFORNIA
RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
Councilman Nader received a telephone call concerning the
working crews on the Telegraph Canyon project and staff was
requested to look into the possibility of restricting the
hours of use for noisy construction equipment during early
morning hours.
COUNCILMAN MALCOLM:
c. Traffic Problems at Oleander and East Palomar (Doug Adriance}
MOTION
MSUC (Malcolm/Cox) to refer the traffic problems at Oleander and
East Palomar to the Safety Commission for review.
d. All way stop at the intersection of G Street and Hilltop
Councilmembers concurred this item be continued to the
Regular Meeting of July 19, 1988.
MINUTES 25 - July 12, 1988
e. Discussion of "Vincennes" (ship that shot down the Iranian
plane).
MOTION
MS'~D'~'(Malcolm/Moore) to authorize a letter of support for the
Captain of the "Vincennes" from the City Council.
f. Legislative Items:
AB 3992 (Frazee) Public Liability relating to Locally
Elected or Appointed Advisory Bodies
AB 2700 (Killea) - Controlled Substances
Councilmembers concurred the above items be continued to the
Regular Meeting of July 19, 1988.
COUNCILMAN MOORE:
g. Staff report regarding pros/cons of daycare entities in
commercial sites - original development
Councilmembers concurred the above items be continued to the
Regular Meeting of July 19, 1988.
h. National night out crime prevention item on TV
MOTION
MSU'~'O'~'TMoore/Cox) to direct staff to work with the TV people to do a
short video relative to National Night Out prior to the Regular
Council Meeting on August 2 at 4:00 p.m. or after the Mayor reads
the Proclamation on the same subject.
i. Staff report regarding advertising on City buses
inside/outside potential policy - restricted use of income,
City promotion with funding entity logo etc. (Continued to
the meeting of July 19)
Councilmembers concurred the above items be continued to the
Regular Meeting of July 19, 1988.
j. Funding for tent for City promotional functions
MOTION
MSC (Moore/Cox) to authorize staff to procure a tent as ~escribed
by Council for the City's promotional functions and to allocate
promotional funds not to exceed $3200.00. (Councilman Nader voted
no)
Mayor Cox suggested staff investigate the purchase of a similar
tent which was used at the Nature Interpretire Center for the
recent Vista Hill Hospital event.
MINUTES - 26 July 12, 1988
COUNCILWOMAN McCANDLISS:
k. Reminded Councilmembers that a letter of appreciation be sent
to Ql06 for the fireworks and the radio presentation which
coordinated Chula Vista's celebration with neighboring cities.
ADJOURNMENT AT 11:53 p.m. to the Council Conference at 5 p.m. on
July 14, 1988, to the Joint Meeting with the Board of Ethics at 7
p.m. on July 14, 1988 and to the Regular Meeting of July 19, 1988
at 7 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
'DEPUTY CITY CLERK
1271C