HomeMy WebLinkAboutcc min 1988/08/09 · CIIY OF
CHUIA VIS'1'A
OFFIGE OF THE GITY GLERK
NOTICE OF ADJOURNED CITY COUNCIL MEETING
City Council adjourned the August 8, 1988 Joint Meeting of
City Council and the Charter Review Committee at 8:30 p.m.
to the 7:00 p.m. Regular Meeting of the City Council of
Tuesday, August 9, 1988 to continue discussion of:
The recommendations of the Charter Review
Committee regarding the Charter Amendments
to be placed on the November 8, 1988
Ballot; and a Resolution Amending prior
Resolution No. 13692, by deleting the
Ballot Measure dealing with Planning
Commission Compensation set for a time
certain at 8:00 p.m.
~Ful'a~sz, CMC~
~CLE~K
DATED: August 9, 1'988
8:30 a.m.
1086C
4'1 dec:are under penalty of perjury that t am
ernp:cye~ by the City of Chui~ Vist3 hi the
O;fice ot the City Clerk and tibet t
this Agend,--/Notico on tile Du~ie~in ~'>:::~ st
the Public Services iSuEi~!n~ ~1 ' ~t C~[ ::~i~ cn ,,
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5041
At 6:10 p.m. City Council met at a Special Meeting in Closed
Session to discuss Leonard v. Pullen, U.S.F.W. v. City of Chula
Vista, Instructions to negotiators pursuant to Government Code
54954.6, and Potential Litigation.
MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
Tuesday, August 9, 1988 Council Chamber
7:15 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox and Councilmembers Nader, Moore
and McCandliss
MEMBERS ABSENT: Councilman Malcolm
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris, City
Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES - None
2. SPECIAL ORDERS OF THE DAY
a. INTRODUCTION OF JAPANESE FOREIGN EXCHANGE STUDENTS
Jose Viesca, Chairman of the International Friendship Committee
introduced Azusa Minomiya of Tsukuba University, Yoshltaka Kishi
of Waseda University and Mina Takahashi of Otsuma Women's
University, three students who are visiting from Kanagawa, Japan.
Host families for the exchange students were thanked for their
generosity, and the students presented Mayor Cox with a "noren"
which hangs on the door of a family home; the Mayor expressed the
gratitude of Council on behalf of the City of Chula Vista.
CONSENT CALENDAR (Items 3a - 19)
Pulled Items: 4 (which was considered immediately), 5, 9, 12, 15,
17, 18.
MOTION
MSUC (Cox/Nader) to remove items 8 and 19 from this Agenda.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, the
reading of the text was waived by unanimous consent, passed and
approved unanimously.
MINUTES - 2 - August 9, 1988
3. WRITTEN COMMUNICATIONS None.
4. RESOLUTION TO ADD A BALLOT MEASURE CONTRADICTORY TO
THOSE PLACED ON THE BALLOT FOR THE
NOVEMBER 8, 1988 ELECTION (Continued from
meeting of August 2, 1988) (City Attorney)
The City Council has indicated that it has certain concerns with
specific sections of the proposed Controlled Growth Ordinance
which has been placed on the ballot for the November 8, 1988
election. The concerns specifically involve Sections 19.80.70
regarding zoning code modification, 19.80.100 regarding general
modifications, and 19.80.110 regarding the statement of voter
intent. The proposed ordinance if placed on the ballot would
conflict with the Controlled Growth Ordinance and would supersede
it where they conflict if it received more votes.
Joseph Cummings, 1848 Ithaca Street, Chula Vista, 92013, proponent
of the Initiative, reported his discussion with the City Attorney
relative to the language in the ballot statement to clarify the
concerns of the Council. He urged Council to vote no on this
resolution.
MOTION
MSUC (Nader/Cox) to not adopt the resolution placing the ordinance
on the ballot.
5. RESOLUTION AMENDING 1988-89 POLICE DEPARTMENT BUDGET
TO ESTABLISH THE POSITION OF SENIOR CRIME
SPECIALIST AND DELETING ONE COMMUNITY
SERVICE OFFICER POSITION (Director of
Public Safety)
Pulled from the Consent Agenda.
6. RESOLUTION 13720 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND METROPOLITAN YMCA (SOUTH
BAY BRANCH) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Community
Development Director)
Council approved the Community Development Block Grant (CDBG)
budget for Fiscal Year 1988-89. Included were funds for South Bay
YMCA in the amount of ~28,400.
7. RESOLUTION 13721 PROVIDING FOR THE SPECIAL APPROPRIATION OF
FUNDS FOR THE PRINTING OF THE PARKS AND
RECREATION DEPARTMENT'S RECREATION
BROCHURE (Director of Parks & Recreation)
FY 1988-89 Parks and Recreation Department's budget included funds
for the printing of the department's regular recreation brochure
were inadvertently omitted from the budget. Council appropriated
~9,900 for the printing of the Recreation Brochure.
MINUTES - 3 - August 9, 1988
8. RESOLUTION RE-AWARDING LANDSCAPE MAINTENANCE CONTRACT
IN OPEN SPACE DISTRICT #7 (Director of
Parks & Recreation)
Deleted from the Agenda.
9. RESOLUTION ESTABLISHING A 2-HOUR PARKING LIMIT
BETWEEN THE HOURS OF 9 A.M. TO 6 P.M.,
MONDAY THROUGH FRIDAY ON FIG AVENUE, GUAVA
AVENUE AND SHASTA STREET NEAR "H" STREET
(Director of Public Works)
Pulled from the Consent Agenda.
10a. RESOLUTION 13722 ESTABLISHING COMPENSATION PLAN FOR MIDDLE
MANAGEMENT EMPLOYEES FOR FY 1988-89 (City
Manager)
The 60 employees who are middle managers are not represented by an
association or union. In order that proper input is achieved
regarding their salaries and fringe benefits, in each of the past
four years they have selected a committee that submits the middle
managers proposals regarding fringe benefit adjustments to the
City Manager. The process is now complete; the approximate cost
of this compensation package is $243,530 and within the City
Council authorization for these adjustments.
lla. RESOLUTION 13723 ACCEPTING GRANT OF EASEMENT FROM THE
BENEVOLENT AND PROTECTION ORDER OF ELKS
NO. 2011 FOR DRAINAGE PURPOSES (Director
of Public Works)
b. RESOLUTION 13724 ORDERING THE SUMMARY VACATION OF A PORTION
OF A CERTAIN DRAINAGE EASEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A QUIT
CLAIM DEED FOR SAID EASEMENT
On April 26, 1988, the City Council approved Resolution 13536,
accepting a certain Grant of Easement for Drainage Purposes from
the Benevolent and Protective Order of Elks No. 2011 (B.P.O.E.).
This easement was granted in conjunction with the development of
the Rancho del Sur Subdivision.
At the time of granting of the original easements, the BPOE did
not have any plans for development of their property located
between East Naples Street and Telegraph Canyon Road. Since that
time, they have requested that they be allowed to substitute an
easement that would allow for construction of the storm drain at a
different location. Council accepted the grant of easement,
ordered the summary vacation and authorized the Mayor to execute a
Quitclaim Deed.
MINUTES - 4 - August 9, 1988
12a. RESOLUTION APPROVING THE FINAL MAP OF CHULA VISTA
TRACT 82-2, MISSION VERDE, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works)
b. RESOLUTION APPROVING INDEMNIFICATION AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND TERRA
INDUSTRIES, INC. IN WHICH THE DEVELOPER OF
MISSION VERDE SUBDIVISION AGREES TO
INDEMNIFY THE CITY AGAINST ANY CLAIMS
RESULTING FROM EROSION, SILTATION AND/OR
INCREASED FLOW OF DRAINAGE ARISING OUT OF
THE DEVELOPMENT OF THE SUBJECT PROPERTY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
c. RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TERRA INDUSTRIES, INC. IN
WHICH THE DEVELOPER OF MISSION VERDE
SUBDIVISION AGREES TO PARTICIPATE IN A
DISTRICT PROVIDING FOR THE CONSTRUCTION OF
PASEO RANCHERO, AND AUTHORIZING THE MAYOR
THE MAYOR TO EXECUTE SAID AGREEMENT
d. RESOLUTION ACCEPTING GRANT OF EASEMENT FROM RANCHO
DEL REY PARTNERSHIP FOR DRAINAGE PURPOSES
Pulled from the Consent Agenda.
13. ORDINANCE 2279 ADDING CHAPTER 8.18 TO TILE 8 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO THE
REGULATION OF FOOD CATERERS AND CATERING
EQUIPMENT RENTALS FIRST READING (City
Attorney)
The current regulations of people in the business of handling food
mirror the regulations of the County of San Diego and the County
Health Department enforces this City's regulations. Last year,
the Board of Supervisors adopted an ordinance expanding its
regulations to include food catering operations. The reason for
this action was in response to several major foodborne illness
outbreaks due to catering functions and operations. The new
ordinance provides definitions and guidelines to include catering
operations within its ambit in order to protect the health and
safety of Chula Vista resident.
MINUTES 5 August 9, 1988
14. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT
NO. 18, RANCHO DEL SUR (Director of Public
Works)
RESOLUTION 13725 APPROVING PRELIMINARY REPORT AND DECLARING
THE CITY'S INTENTION TO ESTABLISH CHULA
VISTA OPEN SPACE MAINTENANCE DISTRICT
NO. 18 (RANCHO DEL SUR) AND SETTING THE
TIME AND PLACE FOR HEARING THEREON
Council approved the tentative map for Chula Vista Tract 87-8
(Rancho Del Sur) by Resolution No. 13111. Among the conditions of
approval of the tentative map was the requirement that the
developer request formation of an open space district to assure
maintenance of open space lots within the subdivision. The
developer has submitted such a request, indicating the proposed
district boundaries, the areas to be maintained and an estimate of
the annual cost of maintenance.
Council accepted this report and declared it's intention to form
the proposed open space district and set the date, time and place
for a public hearing on the proposed district as September 6, 1988
at 4:00 p.m. in the City Council Chambers in accordance with
Section 17.08 of the Municipal Code.
15. REPORT REMOVAL OF CORAL TREES IN CIVIC CENTER
PLAZA AREA (Director of Parks & Recreation)
RESOLUTION APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED GENERAL FUND RESERVES FOR
REMOVAL OF CORAL TREES IN THE CIVIC CENTER
PLAZA AREA AND APPROVING A PLAN FOR TREE
REPLACEMENTS
Pulled from the Consent Agenda.
16. REPORT PROHIBITING PARKING IN FRONT OF 1120 &
1128 BAY BOULEVARD (Director of Public
Works)
Staff was directed to evaluate a request for limited parking in
front of 1120 and 1128 Bay Boulevard. and report their findings
and recommendations to the Safety Commission who concurred with
staff's recommendation. Council accepted the report and approved
the prohibition of parking along the west curb line from the south
driveway at 1120/1128 Bay Boulevard to a point 350 feet to the
north and the installation of signs or red curbing at a cost of
~200.
17. REPORT FOUR-WAY STOP OR TRAFFIC SIGNAL AT THE
INTERSECTION OF EAST "H" STREET AND
RIDGEBACK ROAD (Director of Public Works)
Pulled from the Consent Agenda.
MINUTES - 6 - August 9, 1988
18. REPORT CITY OWNED 14 ACRE SITE AND ADJACENT
PROPERTY IN THE SWEETWATER RIVER VALLEY
EAST OF SECOND AVENUE (Director of
Planning)
Pulled from the Consent Agenda.
19. RESOLUTION
Deleted from the Agenda prior to the meeting.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING PCZ-88-F, PCS-88-8 AND P-88-5:
CONSIDERATION TO REZONE 11.4 ACRES LOCATED
ON THE SOUTHWEST AND SOUTHEAST CORNERS OF
EAST "H" STREET AND RUTGERS AVENUE, FROM
R-1-H TO R-l-H-P, AND TENTATIVE
SUBDIVISION MAP AND PRECISE PLAN FOR
CANYON VIEW HOMES, CHULA VISTA TRACT 88-8
KELTON TITLE COMPANY (Director of
Planning)
ORDINANCE 2280 AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 11.4 ACRES FROM
R-1-H TO R-1-H-P FIRST READING
RESOLUTION 13726 APPROVING TENTATIVE MAP FOR CANYON VIEW
HOMES, CHULA VISTA TRACT 88-8
RESOLUTION 13727 APPROVING PRECISE PLAN FOR CANYON VIEW
HOMES
This being the time and place as advertised, the public hearing
was declared open.
Principal Planner Lee reported the property is located on the
south side of "H" Street, bisected by Rutgers Avenue and
surrounded with single family dwellings. The present R-1-H zoning
allows for 42 homes to be constructed in the area; 60% of the site
could be graded under the present zoning. Mr. Lee presented
slides noting the architecture of the dwellings, plot plan, egress
and ingress, landscaping plans and showing the Hillside Policy
allows 80% of the project to utilize a split level design which
fits into the terrain.
An Initial Study, IS-88-25, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on November 6, 1987, who concluded that there would be
no significant environmental effects and recommended that the
Negative Declaration be adopted.
MINUTES - 7 - August 9, 1988
Councilman Nader referred to the extensive landscaping and
questioned if drought resistant plants are included. Principal
Planner Lee reported the use of drought resistant plants is
reviewed on each project; there exists a need to see where they
fit in consistently with the adjacent developments.
Paul Manganelli, 9903-B Business Park Avenue, 92131, of
Bollenbacher & Kelton, stated that James Hutchison, Engineer for
the Project, is here to answer questions and reported a meeting
was held with the neighbors in the area to explain the project and
receive their input.
Mark Kelton, 5109 Waring Road, of Kelton Title Co., explained the
design of the duplex homes, and stressed the subdivision is not
designed to achieve higher density.
Mayor Cox commented on the condition of approval to put the curbs,
gutters and sidewalks and questioned if, in the future, this
condition can be accomplished at the front end of the project.
Director of Public Works Lippitt explained that this is normally
accomplished one year after signing the plans, but Council could
insert this as another condition to be completed before occupancy
of the homes.
Mark Kelton reported it would obviously be necessary to grade the
land but they would be supportive of the condition prior to
occupancy.
There being no others to speak for or against this item,' the
public hearing was closed.
ORDINANCE PLACED ON FIRST READING BY COUNCILWOMAN McCANDLISS, the
reading of the text was waived by unanimous consent, passed and
approved unanimously.
RESOLUTION APPROVING THE TENTATIVE MAP OFFERED BY MAYOR COX, the
reading of the text was waived by unanimous consent.
AMENDMENT TO THE RESOLUTION
MSUC (Cox/Moore) to amend the Resolution to add a condition that
the full street improvements on Rutgers Avenue be completed prior
to occupancy.
SECOND AMENDMENT TO THE RESOLUTION
MS (Nader/McCandliss) to include that landscaping be done with
native and drought resistant plants.
Councilman Moore referred to the responsibility of the Open Space
Coordinator to decide what to use in which areas, including the
use of drought resistant plants.
ADDITION TO THE SECOND AMENDMENT
MS (McCandliss/Nader) to modify the amendment to state maximizing
the use of drought resistant plants but to allow the staff and the
developer some flexibility to intermingle other types of plants if
it seems appropriate.
MINUTES 8 AUgUst 9, 1988
VOTE ON THE AMENDMENTS TO THE RESOLUTION
Motion passed. (Councilman Moore voted no.)
VOTE ON THE RESOLUTION APPROVING THE TENTATIVE MAP AS AMENDED
Motion passed unanimously.
RESOLUTION APPROVING THE PRECISE PLAN OFFERED BY MAYOR COX, the
reading of the text was waived by unanimous consent, passed and
approved unanimously.
The record states that Councilman Nader, by his comments, made a
referral to staff to come back with a report on whether or not to
include, as a condition of a Tentative map, landscaping with
drought resistant plants or an explanation with appropriate
specifics of any drought resistant plants that will be approved.
At 8:00 p.m. (a time certain) the following item is continued from
the Joint Meeting of City Council and the Charter Review Committee
of August 8, 1988 and was so noticed.
PROPOSED CHARTER CHANGES FOR THE NOVEMBER 1988 BALLOT
RESOLUTION 13728 AMENDING RESOLUTION NO. 13692 BY
RESCINDING THE ACTION PLACING A MEASURE ON
THE BALLOT TO AMEND SECTION 601(b) OF THE
CITY CHARTER TO ALLOW COMPENSATION FOR
PLANNING COMMISSIONERS (City Attorney)
Chairman Campbell, Charter Review Committee, reported the actions
taken by the Committee at its meeting on August 8, (1) to drop the
recommendation that provided compensation for the members of the
Planning Commissioners, and (2) a reaffirmation by unanimous vote
for compensation tying the percentages to that of the Board of
Supervisors for the Mayor and Councilmembers. Meetings will
continue in September to discuss the matter of Campaign
Contributions. It was further reported that John Dorso, a
proposed appointee to the Charter Review Committee, attended the
first meeting last evening.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
MOTION
MSC (Nader/McCandliss) to reconsider Council action to place on
the ballot the compensation for the Mayor and Councilmembers.
(Councilman Moore voted no)
Councilman Nader referred to tying the compensation to the County
Board of Supervisors' compensation and the concern that future
increases will be automatic and not in the hands of the people of
Chula Vista.
MINUTES - 9 - August 9, 1988
MOTION
MS ~ader/McCandliss) to place on the ballot under Mayor and
Councilmembers' compensation an amendment to state that, in any
given year an increase amounts to more than the cost of living
change in the Consumer Price Index, the increase would go into
effect only by a vote of the people.
Chairman Campbell when questioned reported that the Charter Review
Committee's recommendation was made with the intent of taking this
matter out of the political arena and that it is not reasonable to
tie the increase to an index.
Councilmembers discussed the advantage of a reasonable control
measure as is established for most salary situations; the fact
that the motion will set the salary at the same base as previously
recommended by the Charter Review Committee.
MOTION RESTATED
MS (Nader/McCandliss) to set the base salary at the level as
recommended by the Charter Review Committee, that is: for the
Mayor - 60% of the Board of Supervisors salary, and for the
Councilmembers - 40% of the Mayor's salary; but to amend the
proposals that, in any given year, if the adjustment would exceed
the cost of living as measured by the Consumer Price Index, that
the salary adjustment would be limited to that cost of living
Index unless approved by the people.
AMENDMENT TO THE MOTION
MS (Nader/McCandliss) to specify the use of the San Diego All
Urban Consumers Price Index.
VOTE ON THE MOTION AND AMENDMENT
Motion passed unanimously.
MOTION
MSUC (Nader/McCandliss) to approve the two propositions to be
placed on the Ballot for November 8 as amended.
Bess Pocklington, 656 Glover Avenue, Chula Vista, 92010, stated
that Council did not go far enough and did not clarify that the
Supervisors' salary is 80% of the Judges' salary which is set by
the State legislature, which ultimately will control
Councilmembers' salaries. Mrs. Pocklington declared the people of
Chula Vista will want to know figures and benefits when they vote.
Mayor Cox explained that only the base salary will be set at a
percentage of the Supervisors' salary and, from then on, the
salary is increased by the Price Index, but agreed that the
Proposition as stated without figures does create confusion.
Councilmembers concurred that the ballot analysis should spell out
the actual figures, and drop any reference to the Supervisors' and
Judges' salaries; Mayor Cox also mentioned the reference point of
60% of the Supervisors salary would be valid.
MINUTES - 10 August 9, 1988
MOTION
MSUC (Nader/Moore) to reconsider the item.
MOTION
MSUC (Nader/McCandliss) to amend the Propositions in question to
set the base pay according to the Charter Review Commission's
recommendation and to delete reference in terms of increases to
the pay level of County Supervisors so as to have increases
governed by the San Diego All Urban Consumers Price Index, or a
vote of the people in the event an increase is proposed above that
amount.
City Attorney Harron clarified his intent to put the actual dollar
amount in the ballot but questioned Councilmembers who concurred
in the affirmative that Council should act on any automatic
increase in keeping with the Consumers Price Index.
21. PUBLIC HEARING VARIANCE ZAV-88-19: REQUEST TO RETAIN
EXISTING LOT COVERAGE OF 46.2% AT 165
MURRAY STREET - J. ANTHONY RASO (Director
of Planning)
RESOLUTION DENYING A VARIANCE ZAV-88-19 FOR EXCESS
LOT COVERAGE AT 165 MURRAY STREET UPON
CONDITIONS
RESOLUTION GRANTING A VARIANCE ZAV-88-19 FOR EXCESS
LOT COVERAGE AT 165 MURRAY STREET UPON
CONDITIONS
This being the time and place as advertised, the public hearing
was declared open.
Director of Planning Krempl reported the long history of this
request to retain the existing lot coverage at 46.2% for the
single-family dwelling at 165 Murray Street in the R-1 zone rather
than reducing the lot coverage to 40% as called for by the
Municipal Code. In support of the request, the applicant is
required to record deed restrictions that run with the land, be
enforced by the City as well as any property owners who reside in
the 100 block of Murray and Halsey Street. Staff concurred with
the recommendation of the Planning Commission to deny the
variance; in the alternative, should Council wish to approve the
request as filed, the alternative resolution is based on findings
and conditions of approval.
Councilmembers referred to previous consideration to allow the
roof over the swimming pool to be opened up in compliance, which
condition was never met; that the deck as currently constructed on
the third floor is legal, that the upper level essentially
constitutes a third story and is not to be used for habitable
purposes and, at this time the controlling index on the variance
is the 40% lot coverage. Director Krempl confirmed the steps
taken by staff to assure no future problems of this nature to
include the floor area ratio and the responsibility of the
applicant to insert this information in the application, which is
MINUTES 11 - August 9, 1988
verified by staff and for which there is a disclaimer signed by
the applicant or the architect. Director of Building and Housing
Larsen related that the Department now has stricter requirements
for plan check submittals to insist that the applicant supply
accurate drawings and site plans.
The following spoke in favor of the Resolution to deny the
variance:
Helen Wadsworth, 175 Murray Street, 92010, read the letter she
presented to Councilmembers which suggested Council should enforce
the laws and not to make exception for a few privileged persons.
Mary Bouvier, 154 Murray Street, 92010, requested that the
roof be lowered and questioned policing of the use on the third
floor; Marilyn Truesdale, 158 Murray Street, stated that Council
has been lenient but unable to enforce the Code, and that the
Planning Commission's rcommendation has not been supported by
Council and stated her hopes that the neighbors would not have to
resort to litigation; and Lois Myers, 162 Halsey Street, 92010,
requested Council to settle this matter and to remember that all
homeowners are equal in their rights.
Gerald Dawson, 7851 Mission Center Court, Suite 103, San Diego
92108, Attorney for applicant Mr. Joseph Raso, spoke in opposition
to the Resolution to deny the variance and requested more time to
make a presentation in lieu of the 38 citizens who submitted
requests to speak in agreement with Mr. Raso's position. Mr.
Dawson related his feeling that the Planning Commission, rather
than outright denial, pointed to Council to make the decision and,
consequently, offered his solution to Council believed to be
beneficial to the neighbors, the City and Mr. Raso. He clarified
that the building is a legal 2 1/2 story building and presented a
drawing to explain how this could be accomplished easily by
lowering the roof resulting in total abandonment of the third
level.
Directors Krempl and Larsen and City Attorney Harron discussed the
solution as presented and the legality by which this 1/2 story
could be made habitable according to the Code by virtue of light
and ventilation and access to that floor level.
Councilmember Nader questioned the lapsed previous variance. Mr.
Dawson explained why Mr. Raso did not comply with lowering of the
roof the second time, which condition in the Attorney's view, was
basically unfair; however, if the City paid for this, Mr. Raso
would comply. The landscaping condition requirement was explained
as being complied with, although not technically receiving the
approval of the City's landscape architect.
Joseph Raso, 165 Murray Street, gave a slide presentation to show
Councilmembers how the subject home was constructed by himself and
friends, specifically speaking to the times the construction was
halted because more dirt was needed, at which time the third set
of plans were approved by the City for the construction of the
MINUTES - 12 August 9, 1988
swimming pool, and when with permission of the former Director Of
Building and Housing Grady, the whole structure was placed on the
original roof of the existing house which also raised the height
more than originally planned. Referring to Code sections, Mr.
Raso emphasized there is a four story house being built at this
time within 300' of his home.
RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS TO DENY A VARIANCE
ZAV-88-19 FOR EXCESS LOT COVERAGE AT 165 MURRAY STREET UPON
CONDITIONS, the reading of the text was waived by unanimous
consent. (Motion Failed Voting Aye: Councilmembers Moore and
McCandliss; Voting Nay: Mayor Cox and Councilman Nader)
RESOLUTION OFFERED BY MAYOR COX TO GRANT A VARIANCE ZAV-88-19 FOR
EXCESS LOT COVERAGE AT 165 MURRAY STREET UPON CONDITIONS, the
reading of the text was waived by unanimous consent.
Mayor Cox quoted the six conditions as stated in the Resolution,
which was followed by a discussion by Councilmembers relative to
the possibility of further conditioning which included inspections
to assure compliance, enforcement for non-compliance if conditions
are not met within a specified time, violation of usage of third
level plus language to state the third floor is intended only for
emergencies and inspections to assure the usage, the same
landscaping requirement that was in the prior variance, and an
agreement to indemnify the City for any damage awarded as a result
of entering into this agreement.
MOTION
MSUC (Nader/Cox) to amend the Agreement before Council with the
following five conditions: (1) explicit restriction of access and
use of the deck to emergency purposes; (2) the landscaping
condition contained in the prior variance; (3) a partial waiver of
the warrant requirement for purposes of inspection as needed to
enforce the variance conditions; (4) the work to be completed
within sixty days or automatic violation; and (5) indemnification
for any damages in a law suit and the understanding that Mr. Raso
and not the City would be the real party in interest in defending.
MOTION
MSUC (Cox/Moore) to refer this item to staff to put into final
language and to bring back for Council's consideration at the
meeting of August 16.
MOTION
MSUC (McCandliss/Cox) that the public hearing remain open and
continued to the meeting of August 16.
MOTION
MSUC IMoore/Cox) to direct staff to review the City's Code Section
19.09.280 or additional sections so that it is "layman clear" what
Council intends for the third story or a "story's half".
At 10:00 p.m., Council recessed and reconvened at 10:10 p.m.
MINUTES - 13 - August 9, 1988
22. ORAL COMMUNICATIONS - None.
PULLED ITEMS
5. RESOLUTION 13729 AMENDING 1988-89 POLICE DEPARTMENT BUDGET
TO ESTABLISH THE POSITION OF SENIOR CRIME
SPECIALIST AND DELETING ONE COMMUNITY
SERVICE OFFICER POSITION (Director of
Public Safety)
Director of Public Safety Winters recommends the establishment of
the position of Senior Crime Prevention Specialist to replace a
Community Service Officer position that is currently vacant.
Director Winters reported his review of other cities' programs
which revealed that most use civilian employees. The Senior Crime
Prevention Specialist was chosen to bring more experience into
this City to maintain an already successful program.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
9o RESOLUTION 13730 ESTABLISHING A 2-HOUR PARKING LIMIT
BETWEEN THE HOURS OF 9 A.M. TO 6 P.M.,
MONDAY THROUGH FRIDAY ON FIG AVENUE, GUAVA
AVENUE AND SHASTA STREET NEAR "H" STREET
(Director of Public Works)
It has been requested by the Fig Avenue Closure Committee to limit
parking on Fig and Guava Avenues between Shasta Street and "I"
Street and also on Shasta Street between Fig and Fourth Avenues.
Staff recommended establishment of a 2-hour parking limit to
authorize the issuance of residential exemption permits. Total
cost of the twelve signs at $50 each will amount to ~600.
John Ralph, 581 Fig Avenue, reported that the residents concur
with staff's recommendation. Ken Wilson, 525 Guava, also appeared
to state his agreement.
Councilwoman McCandliss explained she had the item pulled because
she viewed the one hour parking limit as requested by the
residents as being reasonable.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously.
MINUTES 14 - AugUst 9, 1988
12a. RESOLUTION 13731 APPROVING THE FINAL MAP OF CHULA VISTA
TRACT 82-8, MISSION VERDE, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, AND ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public
Works)
b. RESOLUTION 13732 APPROVING INDEMNIFICATION AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND TERRA
INDUSTRIES, INC. IN WHICH THE DEVELOPER OF
MISSION VERDE SUBDIVISION AGREES TO
INDEMNIFY THE CITY AGAINST ANY CLAIMS
RESULTING FROM EROSION, SILTATION AND/OR
INCREASED FLOW OF DRAINAGE ARISING OUT OF
THE DEVELOPMENT OF THE SUBJECT PROPERTY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
c. RESOLUTION 13733 APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND TERRA INDUSTRIES, INC. IN
WHICH THE DEVELOPER OF MISSION VERDE
SUBDIVISION AGREES TO PARTICIPATE IN A
DISTRICT PROVIDING FOR THE CONSTRUCTION OF
PASEO RANCHERO, AND AUTHORIZING THE MAYOR
THE MAYOR TO EXECUTE SAID AGREEMENT
d. RESOLUTION 13734 ACCEPTING GRANT OF EASEMENT FROM RANCHO
DEL REY PARTNERSHIP FOR DRAINAGE PURPOSES
On August 10, 1982 by Resolution 10973, Council approved the
Tentative Subdivision Map for Chula Vista Tract 82-8, Mission
Verde Subdivision. The Final Map for said subdivision and
associated items are now before Council for approval. This
subdivision is located at the intersection of East "J" Street and
Paseo Ranchero.
Councilwoman McCandliss questioned Resolution b) in which the
developer agrees to indemnify the City against any erosion claims
or increased flow of drainage and questioned what the City faces.
Director of Public Works Lippitt reported this as a specific
condition when approved in 1982 for a lone piece of property on
the south side of Rice Canyon in case there was natural drainage
in the south leg of the canyon. Since that time there has been
development to the west and no other properties will be affected
by it.
MINUTES 15 - August 9, 1988
Councilman Moore questioned Resolution c) and the agreement to
participate. Director Lippitt explained there are no other houses
fronting on the development; it is envisioned there will be
construction and the district will serve several different
developments.
RESOLUTION a, b, c, and d OFFERED BY COUNCILMAN MOORE, the reading
of the text was waived by unanimous consent, passed and approved
unanimously.
15. REPORT REMOVAL OF CORAL TREES IN CIVIC CENTER
PLAZA AREA (Director of Parks & Recreation)
RESOLUTION APPROPRIATING FUNDS FROM THE
UNAPPROPRIATED GENERAL FUND RESERVES FOR
REMOVAL OF CORAL TREES IN THE CIVIC CENTER
PLAZA AREA AND APPROVING A PLAN FOR TREE
REPLACEMENTS
The Coral trees in the Civic Center area were recently pruned as
the result of a large branch breaking adjacent to the breezeway
outside the Parks and Recreation Office. These Coral trees have
exposed roots that create problems for City maintenance staff and
equipment and are a potential hazard to anyone walking on turf
areas near the trees. Staff recommended that Council authorize
the removal of the nine Coral trees in the plaza area and approve
the plan for tree replacements at an approximate cost of ~3,500.
Director Mollinedo of Parks and Recreation reported that the
Canary Island Pine would probably address CoUncilwoman McCandliss'
concerns, but suggested that a slide presentation could be
presented to Council at a future meeting since action is not
urgent.
MOTION
MS (McCandliss/Nader) to continue the item for one week.
Councilman Nader stated his concern that the trees suggested are
not drought tolerant and requested staff to discuss the matter
with an appropriate expert and report fully when this comes back
to Council.
17. REPORT FOUR-WAY STOP OR TRAFFIC SIGNAL AT THE
INTERSECTION OF EAST "H" STREET AND
RIDGEBACK ROAD (Director of Public Works)
At the meeting of June 7, 1988, the City Council directed staff to
review a request for the installation of a four-way stop or a
traffic signal at East "H" Street and Ridgeback Road and return
with a report and recommendation.
MINUTES 16 - August 9, 1988
East "H" Street intersects with Ridgeback Road and the driveway of
the Beacon Cove apartments. East "H" Street is an east/west prime
arterial street. A review of the accident history from January
1984 to present shows five reported accidents, none of which could
have been prevented by the addition of stop signs or traffic
signals for East "H" Street. Studies indicate that vehicles
exiting the apartment complex driveway usually do not have to wait
longer than 45 seconds in order to find a gap in East "H" Street
traffic large enough to merge into. If an all-way stop were to be
installed, th estimated cost is $250. If a traffic signal were to
be installed it would cost ~90,000 and approximately $4,500 per
year in energy costs. It is recommended that Council not approve
installation of an all-way stop or traffic signal at East "H"
Street and Ridgeback Road.
Councilman Nader questioned the action of the Safety Commission
and the request made by the citizen, confirmed there is an
existing signal at the intersection of "East H" Street and Hidden
Vista Drive, and a planned signal at the entrance of one of the
McMillin Developments.
MOTION
MSUC (Nader/Cox) to continue the item for one week to enable staff
to provide Safety Commission Minutes and a copy of the original
letter from the citizen
18. REPORT CITY OWNED 14 ACRE SITE AND ADJACENT
PROPERTY IN THE SWEETWATER RIVER VALLEY
EAST OF SECOND AVENUE (Director of
Planning)
The City Council has been interested for some time in the
possibility of a mobile home relocation park on 14 acres in the
Sweetwater Valley east of Second Avenue. The City has also tried
unsuccessfully to work with the three other nearby property owners
to develop a master site plan for the entire environs. More
recently, a proposal was put forward to use a portion of the
City-owned site for housing for homeless families transitioning
back into society. Staff was directed to proceed with the
appropriate steps to general plan and rezone the property and give
public notice and scrutiny to the concept and to give alternate
locations in the City for a relocation park. Staff recommended
Council allow for joint consideration of adjacent properties in
the General Plan Amendment process but not in the rezoning
process. Rezoning would be limited to the City-owned land only.
Robert Scott, P.O. Box 847, Bonita 92002, reported he is the owner
of property immediately to the west of the City-owned property and
is aware of the City's plans for the area. Mr. Scott urged
Council to consider Option #3 as outlined by staff, feeling that
the City should be the lead agency for a precise plan, for which
he will pay his fair share, and would be satisfied with R-3-P-10.
Councilmembers discussed the concerns of Mr. Scott that the
no-growth initiative will be passed which requires almost eight
years before he could ask for zoning.
MINUTES - 17 August 9, 1988
MOTION
l~[S'F(F6x/Nader) to approve Option #3 with the proviso that staff be
directed look at this property along with the City owned property
and, if possible, all of the property at the one time as was the
direction of Council some time ago.
Councilmembers discussed the direction as stated by staff in
option #3, and Director Krempl suggested taking a conservative
position to establish zoning at the low end of the General Plan
range rather than at the mid-point or high end because of the lack
of planning information.
Councilwoman McCandliss expressed her concern regarding the amount
of time this revie will take since an analysis will have to be
made of all of the affected property owners in that area. She
questioned whether this will be done before the proposed
mobilehome relocation park issue will be back before the Council.
Councilman Nader suggested wording to incorporate into the motion
direction to staff to look for alternative sites in the City for
the homeless project and Council should not be in a position that
this is the only site under consideration. Councilmembers
concurred. Director Krempl confirmed, when questioned by
Councilwoman McCandliss, if the analysis of all the property is
not accepted by Council, the staff recommendation for the
surrounding property would change.
RESTATED MOTION
MSC (Cox/Nader) to approve Option #3 with the proviso that staff
be directed look at this property along with the City owned
0 1
property and, if possible, all of the property at the ne t'me as
was the direction of Council some time ago, and that this takes
place in conjunction with the search for analysis of sites for
relocation and homeless projects. (Councilwoman McCandliss voted
23. REPORT OF THE CITY MANAGER - None
24.MAYOR'S REPORT
a. San Diego Division of the League of CA Cities September 12
is the deadline to submit attendees' names for the Breakfast
Meeting, scheduled for October 17th at the Town and Country
Hotel.
b San Diego Division of the League of CA Cities- October 6 will
be the Dinner Meeting hosted by the City of Coronado and held
at the Hotel Meridien.
c. September lO will be the next scheduled Council Tour.
d. Council Secretary to schedule date for City Manager's
evaluation.
MINUTES - 18 - August 9, 1988
25.COUNCIL COMMENTS
COUNCILMAN MOORE:
a. Chula Vista America's Cup Task Force held the first meeting
and subcommittees were formed; the next meeting will be
Friday, October 26 at 2:00 p.m. in Conference Room 2 and 3.
COUNCILWOMAN McCANDLISS:
b. Compliments were extended to the Navy, the Citizens Committee
and City staff for the completion of the Navy Housing; it is a
source of pride.
c. MTDB Executive Director Tom Larwin was taken on a tour of the
trolley line on August 9, to identify the several projects.
c. Parking problems around the Civic Center - City Manager Goss
reported that the various options for parking will be
addressed in a Council Workshop when the complete report is
received which includes feasibility; Mayor Cox added the
number of cars parked by the Library when the facility was
closed and stated he is looking forward to the report.
ADJOURNMENT AT 11:05 p.m. to meet in Closed Session as The
Redevelopment Agency which was adjourned to this date and time to
continue discussion of Bayfront Property - CVIC/Barkett,
ADJOURNMENT AT 12:40 p.m. to a Meeting on Wednesday, August 10 at
6:00 p.m. to interview candidates for Parks and Recreation,
Library Board of Trustees and the Montgomery Planning Committee,
and to the Regular Meeting of Tuesday, August 16 at 7:00 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
a~Fortune, CMC
DEPUTY CITY CLERK
1300C