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HomeMy WebLinkAboutcc min 1987/10/13 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Thursday, October 13, 1987 Council Chambers 7:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, Moore, McCandliss and Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, Deputy City Manager Morris, City Attorney Harron, Director of Planning Krempl, Director of Public Works/City Engineer Lippitt, and Community Development Director Desrochers PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment of silent prayer. 1. APPROVING OF MINUTES MSUC (Malcolm/McCandliss) to approve the minutes of September 14, 17, 22 and October l, 1987. 2. SPECIAL ORDERS OF THE DAY a. PROCLAIMING THE MONTH OF OCTOBER AS "CRIME PREVENTION MONTH" As Mayor Cox proclaimed the month of October as Crime Prevention Month, Mayor pro Tempore Moore presented the Proclamation to "McGruff," the City's crime prevention liaison. "McGruff" is a part of the Chula Vista Police Department and does a lot of work in the area of community relations with regard to crime prevention. b. PROCLAIMING THE WEEK OF OCTOBER 25-31 AS "DRUG AWARENESS WEEK" Mayor pro Tempore Moore presented the proclamation to Mr. A1 Rodriguez of the South Bay Drug Abuse Services. Mayor Cox expressed the appreciation of the Council for the outstanding job South Bay Drug Abuse Services does in assisting in the prevention of drug abuse in Chula Vista and throughout the South Bay. c. PROCLAIMING THE WEEK OF OCTOBER ll-17 AS "SWEET ADELINES AWARENESS WEEK" Mayor pro Tempore Moore presented the proclamation to Ms. Lynn Arroyo, President of the Harmony West Chapter of Sweet Adelines. The Sweet Adelines performed two songs before the Council. City Council Minutes -2- October 13, 1987 d. INTRODUCTION OF FIVE AMERICAN FIELD SERVICE STUDENTS Mrs. Doris Cox introduced the foreign exchange students in the Sweetwater District. Certificates were presented to each of the following students: Tong Choppuen (Thailand), Jacquie Moloney (Australia), Hild Hatlebakk (Norway), Catherine Oberson (Switzerland), Ahmed Ramadan (Egypt), and Adrianna Padilla (Argentina). Due to the large number of people in attendance wanting to address the Council on a subject not on the Agenda (Cabrillo Lanes Bowling Center), Councilman Nader suggested taking Oral Communications immediately following adoption of non-pulled items from the Consent Calendar. MSUC (Nader/Malcolm) to take Oral Communications immediately after the adoption of the non-pulled items from the Consent Calendar. CONSENT CALENDAR (Items 3a-22) CONSENT CALENDAR OFFERED BY COUNCILMAN MALCOLM, with the exception of items 3a, 3e, 39, 7, 8, ll and 19, the reading of the text was waived by unanimous consent, passed and approved unanimously. (Mayor Cox abstained from voting on Item 17.) 3. WRITTEN COMMUNICATIONS a. RECOMMENDATIONS TO MAINTAIN THE QUALITY OF LIFE IN CHULA VISTA UNTIL GENERAL PLAN IS IMPLEMENTED - Coalition Members. This item was pulled from the Consent Calendar. b. REQUEST FOR STOP SIGNS AT EAST J AND CASSIA PLACE, Dean and Terry Brouillette, 620 East J Street, Chula Vista 92010 It was recommended that this request for a stop sign and increased enforcement in the 600 block of East J Street be referred to the Safety Commission and staff for a report. c. REQUEST FOR TRAFFIC CONTROL AT BONITA ROAD/PLAZA BONITA ROAD - Laurence and Wardene Weisser, P.O. Box 26, Bonita 92002 This letter suggested that the Sweetwater Road entrance to Plaza Bonita become the main entrance to the shopping center and that possibly an on- and off-ramp could be created from 1-805 directly to Plaza Bonita. It was recommended that a letter be submitted to the Weissers indicating steps the City has taken to achieve the suggestions they have offered and muster their support for future efforts by the City to either obtain these or other solutions to the traffic problem created in Chula Vista by the Plaza Bonita Shopping Center. City Council Minutes -3- October 13, 1987 d. RESIGNATION FROM COMMISSION ON AGING - Bus Johnson, 358 Brightwood, Chula Vista 92010 It was recommended that the letter of resignation be accepted with regret and that a letter of commendation for service on the Con~nission on Aging be sent to Mr. Johnson. e. REQUEST TO CONSIDER ORDINANCE TO PROHIBIT THE SALE AND BRANDISHING OF REPLICA OR FACSIMILE FIREARMS - Mayor Michael Hastings, 275 East Olive Avenue, Burbank 91510 This item was pulled from the Consent Calendar. f. CLAIMS AGAINST THE CITY - Brian and John Beck, lO Maverick Circle, Pomona 91766 On September 14, 1987, claims were filed for Brian and John Beck against the City of Chula Vista. These cases stem from an automobile accident which occurred on Bonita Road, San Diego County. The claimants allege that the roadway at the accident location was in a dangerous condition. The site of the accident is not within the City's maintenance and jurisdiction, therefore, it was recommended that these claims be denied. g. REQUEST FOR WAIVER OF FEES - Pastor Don Schock, Calvary Chapel of Chula Vista, P.O. box 2833, Chula Vista 92012 This item was pulled from the Consent Calendar. 4. RESOLUTION 13269 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE LIBPJ~RY SERVICES TO CITIZENS IN THE MONTGOMERY/OTAY AREA On November 5, 1985, the citizens of San Diego County, in an unincoporated area designated as the Montgomery Fire District, voted to annex to the City of Chula Vista. The San Diego County Library has continued to operate two branch libraries in the annexed area under contract with the City of Chula Vista. A continuation of this practice of contracting library services was requested for the fiscal year, July l, 1987 - June 30, 1988. 5. RESOLUTION 13270 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE EIGHT POLICE SEDAN VEHICLES The 1987-88 Equipment Replacement fund provides for the purchase of eight Police patrol vehicles. The City is able to obtain the vehicles through the State via a cooperative purchasing agreement as authorized by Council Resolution 6132. City Council Minutes -4- October 13, 1987 6. RESOLUTION 13271 WAIVING BID REQUIREMENTS AND APPROVING RENTAL AGREEMENT FOR ONE COPIER The 1987-88 budget provides for replacement of the Xerox Model 5600 copier currently in use in the Police Support Services Division. Because of high use, this copier has been experiencing increased breakdowns and maintenance problems. 7. RESOLUTION 13286 SELECTION OF AN ENVIRONMENTAL CONSULTANT TO PREPARE AN EIR FOR THE PROPOSED ALIGNMENT AND CONSTRUCTION OF ROUTE 125 This item was pulled from the Consent Calendar. 8. RESOLUTION 13287 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND P&D TECHNOLOGIES, INC. REGARDING THE PREPARATION OF THE GENERAL PLAN UPDATE, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFOR This item was pulled from the Consent Calendar. 9. RESOLUTION 13272 ACCEPTING PUBLIC IMPROVEMENTS PLACEMENT ASPHALT CONCRETE OVERLAY ON THIRD AVENUE FROM MOSS STREET TO OXFORD STREET AND CONSTRUCTION ON VARIOUS STREET IMPROVEMENTS ON BROADWAY FROM NAPLES STREET TO OXFORD STREET IN THE CITY OF CHULA VISTA On June 23, 1987, the City Council by Resolution No. 13094 awarded a contract to R. E. Hazard Contracting Company for the placement of asphalt concrete overlay on Third Avenue from Moss Street to Oxford Street and construction on various street improvements on Broadway from Naples Street to Oxford Street in the City. The work is now completed and it was recommended that Council adopt a resolution accepting the contract work. lO. RESOLUTION 13273 DECLARING THE CITY'S INTENTION TO VACATE A PORTION OF BROADWAY (FORMERLY NATIONAL AVENUE) AT ANITA STREET AND SETTING A PUBLIC HEARING FOR THE PROPOSED VACATION Mr. William Perkins, owner of the property at 1550 Broadway, applied for the vacation of a portion of Broadway adjacent to his parcel in November 1986. A public hearing was held on January 6, 1987, and Council referred the matter to staff for further study. The study is completed and, in accordance with state laws, staff recommended that Council adopt a resolution of intention to vacate the subject portion of right-of-way and set a public hearing for November 3, 1987, at 4:00 p.m. in the Council Chambers. City Council Minutes -5- October 13, 1987 lla. RESOLUTION 13288 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ON BRANDYWINE AVENUE b. RESOLUTION 13289 ACCEPTING GRANT OF EASEMENT FROM BPJ~NDYWINE DISTRIBUTION CENTER ASSOCIATES FOR SEWER PURPOSES This item was pulled from the Consent Calendar. 12. RESOLUTION 13274 ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF PARKING LOT AND OTHER IMPROVEMENTS IN EUCALYPTUS PARK IN THE CITY OF CHULA VISTA, CALIFORNIA On September 30, 1987, the Director of Public Works/City Engineer received sealed bids for construction of a parking lot and other improvements in Eucalyptus Park. The work is at the entrance to the Little League Baseball Field and was included in the 1985-86 budget. Staff recommended Council accept the bids and award a contract to J. J. Caves Construction - Chula Vista in the amount of $24,363.25. 13. RESOLUTION 13275 ACCEPTING PUBLIC IMPROVEMENTS - 980 ZONE PUMP STATION (EASTLAKE ASSESSMENT DISTRICT 85-2 - CONTRACT II) IN THE CITY OF CHULA VISTA On April 18, 1986, the City Council by Resolution No. 12442 awarded a contract to Olson Construction Co. for the construction of the 980 Zone pump station {EastLake Assessment District 85-2). The work is now completed and it was recommended that Council accept the contract work. 14. RESOLUTION 13276 APPROVING AMENDMENT NO. 1 TO PUBLIC WORKS FACILITY PLAN AGREEMENT-PHASE I BETWEEN THE CITY OF CHULA VISTA AND ENGINEERING SCIENCE TO INCLUDE AN ADDITIONAL DRAINAGE STUDY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 12, 1986, Council approved Resolution No. 12820A entering into an agreement with Engineering Science, Inc. for Public Facilities Studies in conjunction with the General Plan Amendment. The agreement included updating the Drainage Facilities Element of the General Plan. Engineering Science hired Leedshill and Herkenhoff, Inc. (L&H) as a consultant. The amendment will permit L&H to perform an additional drainage facilities study and review the Telegraph Canyon Channel design proposed by Rick Engineering in conjunction with the widening of Otay Lakes Road. 15a. RESOLUTION 13277 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MESTRE-GREEVE ASSOCIATES FOR PREPARATION OF AIR QUALITY AND NOISE ANALYSIS FOR THE WIDENING OF OTAY LAKES ROAD ADJACENT TO THE NAVY HOUSING PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In February 1987, staff was instructed to prepare the necessary environmental documents for the widening of Otay Lakes Road adjacent to City Council Minutes -6- October 13, 1987 the Navy Housing Project. Since the widening project uses Federal Defense Access Road Funds as the Navy's funding contribution, the project must meet National Environmental Protection Act guidelines. Therefore, the necessary document is an Environmental Assessment lEA). It was recommended that Council adopt resolutions I1) entering into an agreement with Mestre-Greeve Associates to prepare an Air Quality and Noise Analysis for the widening of Otay Lakes Road adjacent to the Navy Housing Project; and 12) entering into an agreement with Regional Environmental Consultants to prepare a biological study. 16a. RESOLUTION 13279 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ALONG EASTLAKE PARKWAY b. RESOLUTION 13280 DEDICATING ONE FOOT CONTROL LOT "C" OF MAP 11509 AND NAMING SAID STREET EASTLAKE PARKWAY c. RESOLUTION 13281 ACCEPTING GRANT OF EASEMENT FROM EASTLAKE DEVELOPMENT COMPANY FOR SIDEWALK PURPOSES ALONG EASTLAKE PARKWAY The Final Map for Unit 1 Chula Vista Tract 84-7, EastLake I, Village and Business Center, was approved by the City Council on May 6, 1986, by Resolution No. 12453. Approval of the Final Map also included the acceptance of the portion of EastLake Parkway within the subdivision. EastLake Development Company is proposing to construct the offsite portion of EastLake Parkway to connect the existing improvements in the EastLake Business Center to the existing EastLake Drive in the EastLake residential area. The owner is required to dedicate the necessary right-of-way. One foot control lot "C" is located at the northerly end of EastLake Parkway and it is appropriate to dedicate and name the control 1 ot at this time. 17. RESOLUTION 13282 APPROVING JOINT USE AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC COMPANY WITHIN BONITA LONG CANYON UNIT 3 SUBDIVISION IN CONJUNCTION WITH CVT 84-9, EASTLAKE I UNIT 20, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On October 28, 1986, by Resolution No. 12797, the City Council approved the Final Map for Chula Vista Tract 84-9, EastLake I unit 20. A grant of easement for sewer purposes within a 250-foot wide SDG&E easement was accepted at that time. SDG&E requested that the City enter into a joint use agreement to clearly establish the responsibilities of both parties regarding maintenance of facilities within the SDG&E easement. Mayor Cox abstained from voting on this item. City Council Minutes -7- October 13, 1987 18. URGENCY ORDINANCE 2233 AMENDING THE ZONING ORDINANCE TO ACCOMMODATE THE REQUIREMENTS FOR PROVIDING RECYCLING FACILITIES MANDATED BY AB 2020 (THE BOTTLE BILL) FIRST READING As part of the Beverage Container Recycling and Litter Reduction Act, beverage recycling facilities must be established within 1/2 mile of every major supermarket with a gross income of two million dollars or more {"convenience zones") throughout the City. The Act states that there must be a certified recycling facility in every convenience zone by a target date of October l, 1987. An urgency ordinance is necessary to establish a permit procedure within the Zoning Ordinance to accommodate the limited time available to comply with the Recycling Act. Staff recommended enacting an interim urgency ordinance to amend Title 19 of the Municipal Code with a provision that the ordinance amendment be brought back for consideration as a permanent ordinance in 90 days. 19. REPORT STATUS OF CITY COUNCIL GOALS CONFERENCE This item was pulled from the Consent Calendar. 20. REPORT SHARE SYMPOSIUM ON HUNGER At the Council meeting of August ll, 1987, Council requested a report assessing the City's level of involvement in assisting the SHARE program with the coordination of a symposium on hunger in Chula Vista. Staff recommended that the Council: (1) support the symposium; (2) direct staff to work with SHARE to implement the program; (3) waive facility rental fees to conduct the forum at a recreation site; and (4) approve operating funds for the SHARE symposium out of City Council Appropriated reserve. 21. REPORT REQUEST TO CONDUCT FOUNDER'S DAY CELEBRATION The Downtown Committee of the Chula Vista Chamber of Commerce requested permission to conduct the Annual Downtown Chula Vista Founder's Day Celebration on Saturday, October 17, 1987. 22. REPORT REQUEST TO CONDUCT FIESTA DE LA LUNA PARADE {Director of Parks & Recreation) The Chula Vista Jaycees have requested permission to conduct the 53rd Annual Fiesta de la Luna Parade on October 17, 1987. END OF CONSENT CALENDAR City Council Minutes -8- October 13, 1987 30. ORAL COMMUNICATIONS Mr. Harold Elkan, owner of Cabrillo Lanes/Sports Arena, Inc., addressed the City Council. He stated that for approximately 2-1/2 years he has been talking with the City staff regarding the potential relocation of Cabrillo Lanes. He pointed out the bowling lanes have been in the community for over 30 years and service a wide range of the community. He stated he is interested in keeping Cabrillo Lanes open, either at its present location or another location within the City. Mr. Elkan pointed out he has looked at every potential site in the City, and for one reason or another, the sites were not feasible. He has offered to work with the Planning Department, turn his architects over to them, and design the type of facility the City would like. He is willing to work with the neighbors at a new location. Referring to an acceptable site at "E" Street and 805 Freeway (Chula Vista Baptist Church), Mr. Elkan stated he has submitted a contract on this site but has never received a response because the Baptist Church is trying to find another location. Mr. Elkan noted his concern that the timeline is unknown for the Baptist Church being able to relocate. He is concerned that Cabrillo Lanes is running out of time and action needs to be taken. One site has come to the forefront, and Mr. Elkan has submitted a contract on it and it is in escrow. It is at the corner of Bonita and "E" Street, almost across the street from the Baptist Church. It is currently zoned multi-family (apartment development). He stated 2.7 acres is needed to build a new Cabrillo Lanes. The site at Bonita and "E" Street is 5 acres. He proposes that 2.3 acres will be used entirely as buffer, surrounding the bowling center with a large benn and trees. Mr. Elkan further pointed out he has contracted for a traffic study, using the same traffic engineer who did the traffic study for the apartment developer (apartments are currently planned for this site). The traffic engineer has determined that a bowling center at this location would have fewer trips per day than apartments. City Attorney Harron pointed out concern that Mr. Elkan was discussing a subject for a public hearing. Public hearings must be noticed and neighbors given an opportunity to participate. It is important to protect the public hearing to make sure all sides have notice and have an opportunity to be heard. Councilman Malcolm commented the problem of relocating Cabrillo Lanes has been going on for 2-1/2 years. The City Council committed at that time to find a site but nothing has been done. He believes Mr. Elkan should be allowed to continue with his presentation. City Council Minutes -9- October 13, 1987 Mr. Elkan stated he is not asking for anything at this time other than the Council's serious attention when he leaves. He wants only to present how they have tried to anticipate the problems, and their willingness to work with the City. He will comply with normal procedures. Mr. Elkan presented a packet of information prepared by the architects for the bowling center. Ross Sutherland of Naval Associates, Architects, highlighted key features of the proposal using the packet. Responding to questions from Councilwoman McCandliss, Mr. Elkan stated the ideal location for the bowling center is on the 805 Freeway side of the City because they can better serve the community. Councilwoman McCandliss noted concern with the Bonita/"E" Street site in that there is a traffic problem at that location that the City has been trying to resolve for two years. She believes the two sites referred to on Bonita Road would not be good sites due to the traffic concerns. Councilman Malcolm pointed out the traffic on "E" Street and Bonita Road is very busy from 3:00 to 5:00 p.m. Bowlers would be using the center at non-peak traffic hours. Mayor Cox clarified that he was informed by the City Manager that the Bonita/"E" Street site is zoned R-1 Irequiring a zone change) and the Baptist Church site is zoned R-15 lalso requiring a zone change). Wally Clark, Manager of Cabrillo Lanes, responded to questions, noting business is normally down on weekends. Vince Davies, resident of Chula Vista, spoke on behalf of Cabrillo Lanes. Me urged the Council to act immediately noting the bowling center is an asset to the community. Marry Martinson, 665 Elsie Way, Chula Vista, noted the benefit of the bowling center to seniors, juniors, handicapped, as well as the entire family. Kay Martin, resident of Chula Vista, stated she works for the Association of Retarded Citizens. Their clients use the bowling center and it is a source of enjoyment. It is an opportunity for their clients to socialize with the general population. Parking at the present site, however, is unsafe. Ron Chang, resident of Chula Vista, spoke on behalf of Rohr Employees (retired and currently employed). He noted the retired employees look forward to their once a week meetings at the bowling center for recreation and exercise. Toni Close, resident of Chula Vista, spoke on behalf of the junior bowlers who use Cabrillo Lanes. The bowling center provides a service for all ages. City Council Minutes -lO- October 13, 1987 Barbara Bolt, resident of Chula Vista, addressed the Council with regard to family use of Cabrillo Lanes, noting bowling is a quality family activity. Lou Gloria, resident of Chula Vista, noted that Cabrillo Lanes provides a valuable, positive means of recreation for Navy personnel in the South Bay. He also noted the serious parking problem at the present site. Jackie Williams, resident of Chula Vista, noted Cabrillo Lanes is an asset to the community. She feels the bowling center has had problems relocating due to an image problem. Mrs. Williams presented 600 signatures (of people not in attendance at this meeting) in support of Cabrillo Lanes. Mayor Cox noted no one on the City Council has ever voiced any opposition regarding Cabrillo Lanes or bowling operations in general. It is a good, wholesome means of recreation and is one of the few forms of recreation that can be a family sport. Mayor Cox further stated he believes the Council does want to try to work to find a suitable location for Cabrillo Lanes in the City of Chula Vista. He noted it is important to keep the door open on other sites in the event the site presented by Mr. Elkan does not work out. It is important to move forward as quickly as possible. MS (Cox/McCandliss) refer the information presented to staff with a report to come back to the City Council as soon as possible. Councilman Malcolm stated he would like the intent of the motion to be to refer the information to staff, work with Mr. Elkan, and bring it forward to the Planning Commission as soon as possible. Mayor Cox stated this is the intent of the motion, however, there are procedural matters which need to be dealt with. Councilman Nader commented that it would be important for Mr. Elkan to contact the potential neighbors at the proposed site as soon as possible. Mr. Elkan noted it is his intent to do this soon. Councilman Nader further commented he is disturbed this matter has been going on for 2-1/2 years. He would like City staff to realize that this is an urgent situation, noting the parking situation is a safety concern. Councilwoman McCandliss also noted she would like to have statistics of attendance on weekends. This is going to be a 40-lane facility and the full impact needs to be known. The motion passed unanimously. Mayor Cox declared a five minute recess at this time. City Council Minutes -ll- October 13, 1987 Rose Duncan, 809 Dorothy Street, Chula Vista, 92011, addressed the Council regarding the rezoning mentioned in the Montgome~ Specific Plan. She stated she had been informed by Dan Pass (Principal Planner), representing the Montgomery Community Planning Committee, of properties that were going to be "up-zoned." Mrs. Duncan, representing homeowners who would be affected by this change, stated they are satisfied with their present zoning and do not desire a change. She submitted petitions in excess of 380 signatures stating they do not wish the area to be rezoned. Mrs. Duncan further stated she believes they have not had the appropriate representation from the Montgomery Community Planning Group and she expressed dissatisfaction with City staff. Mayor Cox stated this item will be coming before the Planning Commission on Wednesday, October 14, 1987, and subsequently will come before the Council. Responding further to Mrs. Duncan, Mayor Cox suggested the petitions be given to the City Clerk. The petitions will be submitted to the Planning Commission. A notice of the public hearing {Council) will be sent to each person on the petition. Councilman Malcolm commented perhaps the policy regarding notification of public meetings needs to be changed. Currently notices are placed in the Star News and this does not appear to be the right approach to notifying residents when a major undertaking for an area is going on. Director of Planning Krempl stated no zoning changes are being requested at this time. When a request for a zone change is made, all of the property owners would be notified. At this point in time a Specific Plan for the area is being discussed and a change in designation in the General Plan. The community has been notified through flyers distributed and information left at community centers in the area. Councilwoman McCandliss stated she would like the issue of notification of public meetings to be brought back to the Council. Mrs. Duncan pointed out a potential purchaser of her house declined the purchase due to information received from the Planning and Engineering Departments of the City. The purchaser was informed that the area was being considered for a decrease in density. Mr. Juan Llamas, 210 Date Street, Chula Vista, 92011, also spoke with concern regarding the potential zone change. MSUC (Cox/McCandliss) to refer these two complaints to the City Manager with a report to come back to the Council. Mr. Cliff Roland, llO0 Industrial Boulevard, Chula Vista addressed the Council next. He believes a dangerous traffic speeding problem exists in the City and he suggested the Council request the Police Department take action. City Council Minutes -12- October 13, 1987 MS (Malcolm/Nader) refer this matter to the Police Department; a report to come back to the Council on response times and number of police officers necessary to crack down on the speeding problem. Councilman Moore commented direction has been given to staff during the budget preparation period to actively pursue an anti-speeding campaign and perhaps the report should include what is being done as well as what is proposed to be done. He further commented additional police officers are not needed; community involvement is required to deal with the problem. City Manager Goss stated staff has already begun an analysis of the workload in the Police Department. Also, in this year's budget, action was taken to create additional positions; one additional motorcycle officer and one additional hit-and-run investigator to the traffic division. Councilwoman McCandliss suggested a report be given to the Council each week on traffic citations issued so that the Council will be aware of the current activity. Councilman Nader stated he would like to add to the motion that the Police Department report back on cases going to court as to whether they are being handled in a way that provides a meaningful deterrent. The motion passed unanimously. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 23. PUBLIC HEARING TO CONSIDER A REQUEST TO WAIVE THE REQUIREMENT TO UNDERGROUND OVERHEAD ELECTRICAL FACILITIES THROUGH THE PROPOSED RANCHO DEL SUR SUBDIVISION Great American Development Company has requested a waiver of the requirement to underground overhead electrical facilities through the proposed Rancho Del Sur Subdivision. By letter dated October 5, 1987, Great American Development has requested a delay of two weeks to allow the company to obtain documentation from SDG&E. MSUC (Malcolm/Cox) to continue this item to the meeting of October 27, 1987. (The vote was 4-0; Member McCandliss was not present for the vote.) 24. PUBLIC HEARING TO DETERMINE NECESSITY TO ACQUIRE REAL PROPERTY FOR THE CONSTRUCTION OF THE TELEGRAPH CANYON CREEK FLOOD CONTROL CHANNEL PROJECT RESOLUTION DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION OF TELEGRAPH CANYON CREEK FLOOD CONTROL PROJECT AND AUTHORIZING THE CITY ATTORNEY TO COMMENCE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE REAL PROPERTIES OR INTEREST TO THEREIN FOR SAID PROJECT Director of Public Works/City Engineer Lippitt reported that four parcels City Council Minutes -13- October 13, 1987 were originally involved. Three parcels have been acquired; the fourth parcel was a construction easement. It has now been determined that the fourth parcel is not needed. MSUC (Cox/Moore) that this item be filed. Mayor Cox suggested hearing Item No. 26 prior to No. 25. In view of the fact that he is waiting for an opinion from the Fair Political Practice Commission on whether he has a conflict of interest in this matter, the City Attorney advised that it could have an impact on No. 25, but not an impact on No. 26. There were no objections. 26. PUBLIC HEARING MORATORIUM EXTENSION ON GENERAL PLAN AMENDMENTS WITHIN THE AREA EAST OF 1-805 INTERIM bRDINANCE 2234 EXTENDING AN INTERIM MEASURE DECLARING A MORATORIUM ON GENERAL PLAN AMENDMENTS WITHIN THE AREA EAST OF 1-805 This being the time and place advertised, the Mayor declared the public hearing open. Director of Planning Krempl stated this public hearing is to consider the extension of the 90-day moratorium on General Plan amendments east of 1-805. He stated staff is recommending that the moratorium be extended until December l, 1987, or until Council has adopted in concept a land use scenario for the eastern territories, whichever occurs first. Responding to Councilwoman McCandliss' questions regarding the time schedule, Mr. Krempl stated the original time schedule has completion of the draft General Plan by December, 1987. Plan adoption is to occur early in 1988. Planning Department staff is trying to make their best effort to keep the project on schedule to the extent they have control. Mr. Peter Watry, 81 Second Avenue, Chula Vista 92010, representing Crossroads, addressed the Council. He stated extending the moratorium is consistent with Crossroads' initial requests. If the Council adopts the thresholds at this time, Crossroads believes there is no longer a need for a moratorium. There being no others to speak for or against this item, the public hearing was declared closed. THE ORDINANCE WAS OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and adopted unanimously. City Council Minutes -14- October 13, 1987 25. PUBLIC HEARING MORATORIUM EXTENSION ON PLANNING COMMISSION CONSIDERATION OF RESIDENTIAL TENTATIVE SUBDIVISION MAPS WITHIN AREAS EAST OF 1-805 INTERIM ORDINANCE 2235 DECLARING A MORATORIUM ON PLANNING COMMISSION CONSIDERATION OF RESIDENTIAL TENTATIVE SUBDIVISION MAPS WITHIN THE AREA EAST OF 1-805 AND AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.12.130 TO PROVIDE A PROCEDURE FOR ADMINISTRATIVE RELIEF FROM MORATORIUMS This being the time and place advertised, Mayor pro Tempore Moore declared the public hearing open. Director of Planning Krempl reported that under Item 3a. the threshold draft proposals have been submitted for Council consideration. This moratorium was initially put in place in July for the purpose of allowing Crossroads and the coalition to come forward with recommendations on the thresholds. The recommendation of staff is to extend the moratorium to December l, 1987, or until Council adopts interim growth management policy guidelines and thresholds, and enacts interim regulations for their implementation, whichever occurs first. Mr. Krempl further noted that staff has looked at all potential projects within the City and the various stages they are in. Staff noted there is one project that has potential for being negatively impacted and could be delayed by a period not-to-exceed 30 days. Mr. Krempl further stated included in the Ordinance is an administrative procedure to provide for relief from moratoriums where they would cause undue hardship on a property owner. Councilman Malcolm had questions on Item 3a. (Recommendations to Maintain the Quality of Life in Chula Vista until General Plan is Implemented-Coalition Members). He stated he would like to discuss this item on thresholds with all appropriate staff members. He would prefer not to deal with this matter at this time. There being no one appearing to speak for or against this item, the public hearing was declared closed. THE ORDINANCE WAS OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Councilwoman McCandliss also stated the Council has not received a presentation on the threshold matter and she would like to have further discussions with staff before taking action. She pointed out the Ordinance has an escape valve, that if this moratorium is presenting an economic hardship, the developer has an opportunity to present that case. City Council Minutes -15- October 13, 1987 The Ordinance was adopted unanimously. IThe vote was 4-0; Mayor Cox abstaining due to possible conflict of interest.) Councilmembers requested that Mr. Goss set up the necessary meetings as soon as possible with regard to this matter. 27. PUBLIC HEARING TO CONSIDER A REQUEST TO WAIVE THE REQUIREMENT OF UNDERGROUNDING EXISTING OVERHEAD UTILITIES IN THE WOODLAND PARK SUBDIVISION RESOLUTION 13283 APPROVING THE DEFERRAL OF AN UNDERGROUNDING REQUIREMENT FOR OVERHEAD WIRES AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY The Lendel Corporation, owners of the Woodlawn Park Subdivision IChula Vista Tract 82-1) requested that the requirement to underground existing overhead utilities within the subdivision boundary as required by Municipal Code be waived. Staff recommended deferring the requirement to underground utilities and authorizing that an agreement deferring said undergrounding be prepared. This being the time and place advertised, the public hearing was declared open. Using the overhead projector and a slide presentation, Mr. Lippitt demonstrated the basis for this request. The basic problem for undergrounding the utilities and/or relocating them is servicing the properties across the street. The houses are actually in the right-of-way and servicing those houses without sending the wires over the roofs would be impossible. From that standpoint, staff feels the findings can be met that it is an unnecessary hardship and that the health and safety of the neighborhood would be served by granting the deferral request. Mr. Skip Lynch with the Lendel Corporation addressed the Council. Mr. Lynch pointed out that if his company was required to underground these utilities, the impact on the homes across the street would be significant. There being no others to speak for or against this item, the public hearing was declared closed. RESOLUTION OFFERED BY CHAIRMAN COX, the reading of the text was waived by unanimous consent. Councilman Malcolm stated he has a concern that this is in a large subdivision and in an area that needs to be cleaned-up. The findings have not been presented to him that this is in the best interest of the heal th, safety and wel fare of the citizens of Chula Vista to waive this. Therefore, he will be voting against it. The resolution was adopted. {The vote was 3-2 with Councilmembers Moore and Malcolm voting no.) City Council Minutes -16- October 13, 1987 28. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NO. 30 FOR SURFACING THE NATURE INTERPRETIVE CENTER ACCESS ROAD (EXCLUDING SOUTH LEVY ROAD) WITH DECOMPOSED GRANITE RESOLUTION 13284 FINDING THAT SURFACING THE NATURE INTERPRETIVE CENTER ACCESS ROAD (EXCLUDING SOUTH LEVY ROAD) WITH DECOMPOSED GRANITE IS CONSISTENT WITH THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND APPROVING COASTAL DEVELOPMENT PERMIT NO. 30 Prior to the rainy season, the Redevelopment Agency plans to stabilize the existing dirt surface of the Nature Interpretire Center access road. This project will involve blading the existing surface and placing decomposed granite on the roadway. This being the time and place advertised, Mayor Cox declared the public hearing open. There being no one appearing to speak either for or against this item, the public hearing was declared closed. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived unanimously, passed and adopted unanimously. 29. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NO. 31 FOR THE CONSTRUCTION OF A 9,600 SQUARE FOOT RESTAURANT BUILDING FOR THE SOUP EXCHANGE RESOLUTION 13285 FINDING THAT THE PROPOSED 9,600 SQUARE FOOT RESTAURANT BUILDING (SOUP EXCHANGE) IS CONSISTENT WITH THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND APPROVING COASTAL DEVELOPMENT PERMIT NUMBER 31 On September 3, 1987, the Redevelopmerit Agency assigned a Disposition and Development Agreement to Bay Boulevard Development Company for the construction of a 9,600 square foot commercial building to accommodate the Soup Exchange restaurant. The previous developer obtained a Coastal Development Permit in 1985 that expired in March 1987. Therefore, the new developer has applied for a new Coastal Development Permit. Community Development Director Desrochers reported the Soup Exchange is ready to start their grading and foundation work. The question of their proposed sign will be addressed at subsequent Agency and Council meetings. This being the time and place advertised, the public hearing was declared open. There being no one appearing to speak either for or against this item, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and adopted unanimously. City Council Minutes -17- October 13, 1987 PULLED ITEMS 3.g. REQUEST FOR WAIVER OF FEES - Pastor Don Schock, Calvary Chapel of Chula Vista, P.O. Box 2833, Chula Vista 92012. Calvary Chapel requested that $1,700 in fees be waived so they can proceed with a CIP, variance and EIR regarding property which they wish to obtain as a church home. City Attorney Harron pointed out if this waiver is granted based on the fact the applicant is a religious group, this brings in the question of whether the Council is establishing a religion, which is unconstitutional under the First Amendment. In the past when fees have been waived, generally it has been to public service, public interest groups. Councilman Nader commented this situation was before the Council last year with regard to a Woodlawn Park church. At that time, Council asked for a policy to be brought back, noting the policy has not been received by the Council. Mr. Nader pointed out he would vote on an application based on the hardship to the applicant and possible community service (not religious creed). Councilwoman McCandliss commented this type of request can be taken on a case-by-case basis, thereby protecting the City from concerns raised by the City Attorney. Councilman Malcolm pointed out the City does not have zoning that allows a church. A fee must be paid by a church, or it cannot build a facility. The fees are waived for other community service organizations. MS (Malcolm/Nader) to approve the request of Calvary Chapel. Councilman Moore stated he has a concern that a policy has not been brought forth. He also has a concern with waiving fees for any group. The motion passed. (The vote was 3-1; Councilman Moore voting no; Mayor Cox not present for the vote.) MS (Nader/Malcolm) direct staff to report back with recommendations for the Planning Commission and Council on appropriate changes in zoning laws to accommodate church uses. Councilman Malcolm also requested that a policy on this issue be brought back. Pastor Don Schock, Calvary Chapel of Chula Vista, addressed the Council. The problem is that there is no zoning established for churches in the City. The motion passed. (The vote was 4-1; Member Moore voting no.) City Council Minutes -18- October 13, 1987 7. RESOLUTION 13286 SELECTION OF AN ENVIRONMENTAL CONSULTANT TO .. PREPARE AN EIR FOR THE PROPOSED ALIGNMENT AND CONSTRUCTION OF ROUTE 125 On June 23, 1987, Council voted to accept the State Route 125 Corridor Interim Facility Route Alignment and Financing Alternatives Study and directed staff to hire a consultant to prepare an Environmental Impact Report on a four-lane interim street facility with the proposed SR-125 corridor alignment. Staff recommended adopting the resolution approving the agreement with Recon (Regional Environmental Consultants) for preparation of the EIR for SR-125. Mr. George Kost, President of Sweetwater Valley Civic Association, P.O. Box 232, Bonita 92002, addressed the Council. He stated he believes this EIR is one of the most important issues facing Bonita. He referred to a letter he submitted to the Council on this date, giving a brief histoW on SR-125. Mr. Kost noted his concern regarding the proposed alignment of SR-125 and the impact on Bonita. Regarding the Scope of Work (Exhibit "A") for the environmental consultant, Mr. Kost stated he would like Sweetwater Valley Civic Association added to the list of groups receiving a presentation. He further pointed out concerns in the Scope of Work including item I.A.2c. Two Unnamed Intersections; item I.M. Growth Inducement - the last sentence of first paragraph is unclear; item III. Cost, he would like to see more time and money spent on items pertaining t~"r~eople.'' Mr. Kost recommended that the EIR Study devote equal time and money for a full review of the route located east of the Sweetwater Reservoir. He further stated the Sweetwater Valley Civic Association and other groups should have the opportunity to be involved in the EIR studies. Stanley B. Waid, 5617 Galloping Way, Bonita 92002, representing the Bonita Highlands Homeowners Association, addressed the Council next. He supported everything said by Mr. Kost. His main concern for Bonita Highlands is the ingress and egress for SR-125 and the traffic impact on Bonita. He recommends the consultant look at the eastern alignment, suggesting the consultant look at going between the two mountains, Mother Miguel and Mt. Miguel. Councilwoman McCandliss agreed that a full detailed review of the eastern alignment needs to occur. She noted a concern that a decision on the alignment could possibly be made without full consideration of public input; she does not want this to occur. Councilman Nader stated he would like to include in the Scope of Work that consultation with Sweetwater Valley Civic Association and any other interested citizen groups is required. He also noted concern with the language in I.M. as pointed out by Mr. Kost. City Council Minutes -19- October 13, 1987 Councilman Nader wanted it made very clear that an objective review be prepared. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. Responding to Councilman Moore, Environmental Review Coordinator Reid stated the County is the lead agency for the environmental review on this segment of SR-125. Chula Vista is the applicant asking for a change in the community plan. MSUC (Malcolm/Cox) instruct consultant to include the Sweetwater Valley Civic Association in meetings and hearings. MSUC (Nader/Malcolm) clarify with the consultant that we are clearly not asking in advance that any findings be made; take out the last sentence of first paragraph Item M. Growth Inducement: "However, the project cannot induce growth where it is already planned." MSUC (McCandliss/Moore) amend item L. Project Alternatives - the last sentence of first paragraph to read: "Each alternative location will be portrayed graphically and evaluated equally and thoroughly." The resolution was unanimously adopted as amended. 3.e. REQUEST TO CONSIDER ORDINANCE TO PROHIBIT THE SALE AND BRANDISHING OF REPLICA OR FACSIMILE FIREARMS - Mayor Michael Hastings, 275 East Olive Avenue, Burbank, CA 91510 Staff recommended that this request be referred to staff for a report. MSUC (Nader/Malcolm) direct staff to look into pending litigation and report back. 8. RESOLUTION 13287 APPROVING AMENDMENT BETWEEN THE CITY OF CHULA VISTA AND P&D TECHNOLOGIES, INC. REGARDING THE PREPARATION OF THE GENERAL PLAN UPDATE, AUTHORIZING THE ~U~YOR TO EXECUTE SAID AGREEMENT, AND APPROPRIATING FUNDS THEREFOR This is an amendment of P&D Technologies' contract to cover added hours involving public meetings and hearings and the ongoing coordination of the General Plan. Councilwoman McCandliss commented she wants to make sure staff keeps to the schedule as much as possible. RESOLUTION DFFERED BY COUNCIL~U~N MALCOLM, the reading of the text was waived by unanimous consent, passed and adopted unanimously. City Council Minutes -20- October 13, 1987 lla. RESOLUTION 13288 ACCEPTING, DEDICATING AND NAMING CERTAIN REAL PROPERTY IN SAID CITY FOR STREET AND HIGHWAY PURPOSES LOCATED ON BRANDYWINE AVENUE b. RESOLUTION 13289 ACCEPTING GRANT OF EASEMENT FROM BRANDYWINE DISTRIBUTION CENTER ASSOCIATES FOR SEWER PURPOSES Councilwoman McCandliss commented that at some point Medical Center Drive and Brandywine Avenue need to come together. She questioned when this will occur. Mr. Lippitt responded it will occur when the Great American project comes forward. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and adopted unanimously. 19. REPORT: STATUS OF CITY COUNCIL GOALS CONFERENCE On August 4, 1987, Council directed staff to report on a City Council workshop on the Goals of the City. The concept was to set a time, place and format to discuss the long-term goals of the City and some practical steps to achieving the goals. MSUC IMcCandliss/Malcolm) accept format ~2 in staff report; a meeting regarding an overview of the threshold issue to be held October 22 and a meeting on goal setting to be held October 28. 31. REPORT OF THE CITY MANAGER None. 32. MAYOR'S REPORT a. South Bay Power Plant Mayor Cox referred to a letter received from the Air Pollution Control District regarding the particulant counts at the South Bay Power Plant. MSUC ICox/McCandliss) send a letter to SDG&E expressing appreciation for their cooperation and efforts in getting the study done and congratulating them on making major improvements at the South Bay Power Plant. b. Outdoor Speaker and Panel Display at PSB for Council Meetings Staff will come back with a follow-up report. City Council Minutes -21- October 13, 1987 33. COUNCIL CO~ENTS Councilman Malcolm: a. Wrong information given to Fig Avenue residents concerning Fig Avenue closure. Councilman Malcolm was in receipt of a petition from residents regarding this matter. He would like to set this as an agenda item and notify the residents and bank of possible change in action. MSUC (Malcolm/McCandliss) to set as an agenda item for October 20 meeting. b. Horses around Woodlawn Park complaints received regarding zoning and smell. MSUC (Malcolm/Moore) refer this matter to the Planning Commission for a report back to the City Council. c. Red Curbing of 600 Block of Mission Court. MSUC (Malcolm/Moore) refer this item to Safety Commission; if it is approved by the Safety Commission then it should be brought back to the Council for review. d. Regarding a contract recently acquired by Rohr Industries, Mr. Malcolm stated he would like to work with the City Manager and Mayor to get the project before the Council immediately. He believes a mi nor LCP amendment may be requi red. It wi 11 requi re the construction of a manufacturing building. e. Senator Deddeh and Assemblyman Peace are concerned about the parking situation at their legislative offices and may consider moving i f action is not taken to correct the problem. There is a need to solve the parking situation as soon as possible in the entire Civic Center area. Councilman Moore: a. Potential for revised parking at Bayfront Trolley Station. MSUC (Moore/Malcolm) to reduce RV slots to 2 and taxi slots to 1. b. Plan to expand parking for patrons and staff at main library. The City Manager will review and report back on this matter. Ci~ Council Minutes -22- October 13, 1987 ADJOURNMENT at 11:55 p.m. to the regular meeting of October 20, 1987, at 7:00 p.m. JENNIE M. FULASZ, C~ CITY CLERK By'F Sandra Chase, Recording Secreta~ WPC 3223H