HomeMy WebLinkAboutcc min 1987/12/15 From 6:45 to 7:45 p.m. City Council met in Closed Session
to discuss:
Sierra Club v. Marsh
Sierra Club v. Coastal Commission
Potential Litigation
Tuesday, December 15, 1987 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor pro Tempore Malcolm, Councilwoman
McCandliss (arrived at 7:10 p.m.),
Councilman Nader, Councilman Moore
MEMBERS ABSENT: Mayor Cox
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor pro Tempore
Malcolm followed by a moment of silent prayer.
1. APPROVAL OF MINUTES
MSC (Nader/Moore) to approve the minutes of December 1 as amended
on page seven, fifth paragraph, by changing the wording to read
"length of the east side of Second Avenue" rathe~ than "each
side", and approval of the minutes of December 3, 1987. Mayor pro
Tempore Malcolm abstained because of his absence from the meeting
of December 3.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR (Items 3a 18) Item pulled: 5, 10, 14 and 17.
MSUC (Moore/Malcolm) for approval of the balance of the consent
Calendar.
Mayor pro Tempore Malcolm announced that items five and ten
involved an appropriation of funds so they are being pulled
awaiting the arrival of Councilwoman McCandliss.
3. WRITTEN COMMUNICATIONS
a. REQUEST THAT CITY PAY HALF OF COST ($5,000) FOR NEW CHRISTMAS
DECORATIONS Charles Costa, President, C.V. Downtown
Committee, 233 Fourth Avenue 92010
Council directed staff to further review this request.
Minutes 2 December 15, 1987
b. NOTICE OF RESIGNATION FROM THE RESOURCE CONSERVATION
COMMISSION Stephen D. Cameron, 301 Hilltop Drive, Chula
Vista, CA 92010
Council directed Mr. Cameron's resignation be accepted with regret
and that the City Clerk notice the vacancy as required.
c. REQUEST FOR STOP SIGN AT THE CORNER OF PASEO DEL PASO AND
PASEO MARGARITA, CHULA VISTA - James Reinholtz, lllO Paseo
Margarita, Chula Vista, CA 92010.
Council directed Mr. Reinholtz' letter be referred to the Safety
Commission for investigation and report.
4. RESOLUTION 13378 AMENDING THE 1987 LEGISLATIVE PROGRAM
(Deputy City Manager)
This report proposes amendments to the two-year legislative
program to reflect issues and address concerns raised during the
1987 legislative session.
5. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO
FOR THE DEPARTMENT OF HEALTH SERVICES TO
CONDUCT A DOMESTIC RODENT SURVEY WITHIN
THE CITY OF CHULA VISTA, APPROPRIATING
FUNDS FOR SAID SURVEY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Principal
Management Assistant)
Pulled from Consent Calendar.
6. RESOLUTION 13379 ACCEPTING BIDS AND AWARDING CONTRACT FOR
COMPUTER HARDWARE, PERIPHERALS AND
SOFTWARE (Director of Finance)
The equipment was bid in lots by department and must be installed~
set up for operation and covered by one year warranty on site.
Staff recommends the following:
Lot Department Be Awarded To:
1 Library, Administration Photo & Sound $ 5,118.50
2 Library, Adult Services Pac Tel Info Systems 730.00*
3 Fire, Administration Photo & SOund 1,625.00'
4 Fire Prevention Photo & Sound 4,045.50
5 Police, Services Photo & Sound 4,846.50*
6 Police, Support Photo & Sound 1,462.00'
7 Engineering, Administration Photo & Sound 5,318.00'
8 Engineering, Design Lightspeed 20,936.00
9 Public Information PacTel Info Systems 9,335.00
(* Low Bidder)
Minutes - 3 - December 15, 1987
Lot 1 Software City's lowest bid for $4,371.48 did not meet
specifications;
Lot 4 Software City's lowest bid for $3,764.12 did not meet
specifications;
Lot 5 Software City's lowest bid for $4,171.66 did not meet
specifications;
Lot 8 The bids received from Photo & Sound Co. for $15,793.77
and Gateway Computer for e18,883.00 were incomplete; and
Lot 9 Photo & Sound's lowest bid for $5,732.00 did not meet
specifications.
7. RESOLUTION 13380 AUTHORIZING THE CITY TO SUBMIT AN
APPLICATION FOR FEDERAL EMERGENCY SHELTER
GRANT FUNDS ON BEHALF OF EPISCOPAL
COMMUNITY SERVICES (Director of Community
Development)
The recently enacted Federal McKinney Homeless Assistance Act has
authorized the Federal Government to make funds available
nationwide to increase direct services to the nation's homeless
population. The City of Chula Vista, or a non-profit organization
under the authority of a local jurisdiction is eligible to apply
for a maximum grant of $250,000 under this program. Episcopal
Community Services would like to apply for a $250,000 grant to
operate a homeless shelter for families in Chula Vista. Since
technically, funds are awarded to a local jurisdiction and then
funneled to a social service agency, Episcopal Community Services
requests that the City of Chula Vista submit an application on
their behalf. The City would be in no way obligated to assist the
shelter; a minimal amount of staff time would be required to
prepare and monitor the contract and staff recommends approval.
8. RESOLUTION 13381 ACKNOWLEDGING AN IRREVOCABLE OFFER TO
~EDICATE REAL PROPERTY FOR STREET PURPOSES
ALONG THE SOUTHERLY AND WESTERLY BOUNDARY
LINES OF PARCEL MAP 7503 AND RESERVING THE
RIGHT TO ACCEPT SAID OFFER AT A FUTURE
TIME (Director of Public Works/City
Engineer)
Among the conditions of approval for the Tentative Map for Chula
Vista Tract 87-11, Hidden Meadow Subdivision, was the requirement
that the developer be responsible for providing sufficient
right-of-way to install required improvements and that any
off-site right-of-way required be dedicated prior to approval of
the Final Subdivision Map. As a result of this condition, All
Type Cabinet Inc., one of the owners of the adjacent property, has
submitted to the Public Works Department an Irrevocable Offer to
Dedicate Real Property for street purposes. Council acknowledged
the offer, thus reserving the right to accept at some future time,
in accordance with the Subdivision Map Act. The offer would be
accepted when the 50 foot strip is dedicated in conjunction with
approval of the Final Map for Hidden Meadows Subdivision.
Minutes 4 - December 15, 1987
9. RESOLUTION 13382 ACCEPTING THAT PORTION OF LOT lO OF MAP
NO. 9221 RESERVED FOR FUTURE STREET USE
(DIXON WAY)
Map 9221, which subdivided a portion of Lot ll of Quarter Section
llg, was recorded on May 15, 1979, on which several offers of
dedication of land for street purposes were included. The
territory was unincorporated at that time and the Board of
Supervisors accepted some of the offers and rejected others.
Staff recommends that Council rescind the previous action by the
County of San Diego rejecting the offer of dedication and adopt a
resolution accepting the right-of-way as shown on Map No. 9221.
lO. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE CONSTRUCTION OF SIDEWALK RAMPS MISSING
SIDEWALK AND SIDEWALK REHABILITATION,
1987-88 PROGRAM AT VARIOUS LOCATIONS IN
THE CITY OF CHULA VISTA (Director of
Public Works/City Engineer)
Pulled from Consent Calendar.
ll. RESOLUTION 13383 ACCEPTING BIDS AND AWARDING CONTRACT FOR
KITCHEN IMPROVEMENTS INCLUDING
INSTALLATION OF NEW EQUIPMENT AT
LAUDERBACH COMMUNITY CENTER AT THE 300
BLOCK OF OXFORD STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (Director of
Public Works/City Engineer)
The work to be done consists of kitchen improvements including
installation of new equipment and repairing cabinets. Funds for
this project were budgeted in the 1986-87 Capital Improvement
Program. Council directed staff to:
1. Transfer $5,100 from the unencumbered balance of budgeted
project "Montgomery Park Plan" to "Lauderbach Center Kitchen
Improvements" account;
2. Accept bid and award contract to Kuhler Corporation in the
amount of $15,928.75. (jLH Construction's lowest Base Bid at
$14,493.27 did not include one item, cabinets on the south
wall, as noted in the specifications.)
12a, RESOLUTION 13384 ACCEPTING A DRAINAGE AND TRAFFIC CONTROL
EASEMENT ALONG THE NORTHWEST CORNER OF
EACH H STREET AND BUENA VISTA WAY
b. RESOLUTION 13385 ACCEPTING A TRAFFIC CONTROL EASEMENT ALONG
THE NORTHEAST CORNER OF EAST H STREET AND
BUENA VISTA WAY (Director of Public
Works/City Engineer)
Minutes 5 December 15, 1987
At the January 5, 1988 Council meeting, Council will be accepting
bids and awarding contract for the installation of a traffic
signal at East "H" Street and Buena Vista Way. These easements
are needed on the north side of East "H" Street and Buena Vista
Way to install the traffic signal. Council accepted the subject
dedication and directed the City Clerk to transmit the documents
to the County Recorder's Office.
These easements will allow City crews to enter the property to
maintain the traffic signal loop, etc. and will also provide an
access to drainage facilities.
13. RESOLUTION 13386 APPROVING AGREEMENT BETWEEN THE CITY OF
~HULA VISTA AND THE SOUTH BAY PIONEERS
GUARANTEEING CONSTRUCTION OF STREET
IMPROVEMENTS ALONG SOUTH SIDE OF THE 200
BLOCK OF "C" STREET (Director of Public
Works/City Engineer)
The property is owned by South Bay Pioneers which organization is
constructing the 18 units under the authority of a building permit
issued by the City. As a condition of approval of the Conditional
Use Permit and Building Permit, there is a requirement to install
the street improvements along the south side of "C" Street lying
adjacent to their property and, prior to the City allowing
occupancy of the units, South Bay Pioneers must complete the
construction of the street improvements or enter into an agreement
with the City which guarantees their construction. Design of the
project is scheduled to begin in August 1988 with construction
starting in December 1988, and the City will contribute a maximum
of $160,000 towards the improvements.
14. RESOLUTION EXTENDING THE CONTRACT FOR PLANNING
SERVICES OF MR. WILLIAM F. HEITER FOR THE
MONTGOMERY SPECIFIC PLAN AND APPROPRIATING
THE NECESSARY FUNDS THEREFOR (Director of
Planning)
Pulled from Consent Calendar.
15. ORDINANCE 2242 REQUIRING THE POSTING OF SIGNS WHERE
ALCOHOLIC BEVERAGES ARE SOLD WARNING OF
THE EFFECTS OF ALCOHOL DURING PREGNANCY -
(SECOND READING & ADOPTION) (Assistant
City Manager)
The Ordinance was placed on First Reading at the Meeting of
December 8th and would apply to all vendors of alcoholic beverages
within the City limits, many of which are already displaying the
prescribed signs voluntarily at the request of the County Health
Department. Enforcement of the ordinance would be totally handled
by the County Department of Health Services.
Minutes - 6 - December 15, 1987
16. ORDINANCE 2243 AMENDING CHAPTER 17.10 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO NEIGHBORHOOD
PARK AND COMMUNITY PARK REQUIREMENTS -
(SECOND READING & ADOPTION) (Director of
Parks & Recreation)
The Ordinance was placed on First Reading, as amended, at the
Meeting of December 8th. Staff has reviewed the current fees, as
defined in the City's Master Fee Schedule and has also studied
of the Mu.icipal Code w.ich outli.es t.e amount of
to be dedicated and the development responsibilities of
subdividers.
17. REPORT CONCERNING SELECTION OF MEDIATORS FOR
MOBILEHOME PARK SPACE RENT MEDIATION
(Director of Community Development)
a. RESOLUTION APPROVING THE LIST OF MEDIATORS FOR
MOBILEHOME PARK SPACE RENT MEDIATION
PURSUANT TO CITY MUNICIPAL CODE SECTION
9.50
Pulled from Consent Calendar.
18. REPORT PARKING ON SECOND AVENUE IN THE VICINITY OF KOA
CAMPGROUNDS (Continued from meeting of December
8, 1987) (Director of Public Works/City
Engineer)
At the December l, 1987 meeting, Council considered a report on
Second Avenue in the vicinity of the KOA Campgrounds. The City
Council directed staff to red curb a 20 ft. space on each side of
the KOA driveway but requested additional information regarding
parking spaces for the condominium development opposite the KOA
Campgrounds. Council accepted the report to not delete additional
parking on Second Avenue.
END OF CONSENT CALENDAR
PHBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
19. PUBLIC HEARING ADOPTION OF GENERAL DEVELOPMENT PLAN
SECTIONAL PLANNING AREA (SPA) PLAN PUBLIC
FACILITIES PLAN AND FINANCING ANALYSIS,
DEVELOPMENT AGREEMENT, DESIGN GUIDELINES
AND DEVELOPMENT REGULATION, AND
ENVIRONMENTAL IMPACT REPORT FOR RANCHO DEL
REY SPA I (Continued from meeting of
December 8, 1987) (Director of Planning)
a. RESOLUTION 13388 CERTIFYING EIR-83-2 AND EIR-87-1 RANCHO
DEL REY SPA I HAVE BEEN PREPARED IN
COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Minutes o 7 - December 1B, 1987
b. RESOLUTION 13390 APPROVING THE RANCHO DEL REY GENERAL
DEVELOPMENT PLAN
c. RESOLUTION 13391 APPROVING THE RANCHO DEL REY SECTIONAL
PLANNING AREA (SPA) I PLAN
d. RESOLUTION 13392 APPROVING THE RANCHO DEL REY SPA I PUBLIC
FACILITIES PLAN AND FINANCING ANALYSIS
e. ORDINANCE 2244 ADOPTING THE RANCHO DEL REY SPA I PLANNED
COMMUNITY DISTRICT REGULATIONS FIRST
READING
f. ORDINANCE 2245 ADOPTING THE DEVELOPMENT AGREEMENT FOR
RANCHO DEL REY SPA I FIRST READING
g. RESOLUTION 13393 ADOPTING THE CEQA FINDINGS FOR RANCHO DEL
~EY SECTIONAL PLANNING AREA (SPA) I PLAN
EIR-87-1
h. RESOLUTION 13389 ADOPTING THE STATEMENT OF OVERRIDING
CONSIDERATIONS FOR RANCHO DEL REY SPA-I
The EIR for this project concluded that there would be potentially
significant environmental impacts. The CEQA findings conclude
that with one exception impacts can be mitigated to below a level
of significance. The one significant impact is because of the
biological resources on the property.
This being the time and place as advertised, Mayor pro Tempore
Malcolm declared the public hearing open.
Director of Planning Krempl announced that Phase I of the Plan
will be considered in the areas of environmental, land use,
financing, engineering, design, developmental regulations and
traffic regulations. The Director, through use of a visual, gave
the history of the project, the planning process and outlined the
revised project.
Environmental Review Coordinator Doug Reid explained the Master
EIR document elements and the addendum for modifications to the
Plan. A supplemental EIR-87-1 was added for last minute changes.
Five significant issues were identified and one, biological
resources, still remains necessitating the adoption of the
Statement of Overriding Considerations (Resolution "h").
Dave Claycomb of Westec Services, the Consultant who prepared the
EIR, summarized the major issues and mitigating measures of the
project, touching on the Biological Resources, Landform and
Aesthetics, Geology/Soils, and Noise. Mr. Claycomb also stated
that the facilities exceed the City's standards and requirements
for parks and open space.
Minutes 8 December 15, 1987
Tony Lettieri, Consultant and project planner for the City,
explained the five components of the Sectional Planning Area Plan
the Public Facilities Plan and Financing Analysis, the Planned
Community Regulations, the Development Agreement and the
Preliminary Design Guidelines.
Tom Garibay, Assistant City Engineer, provided the input on
traffic circulation and access issues, stating that no significant
impacts would be expected from the proposed project development
with implementation of the mitigation measures. It is planned
that staff will monitor the traffic circulation annually.
Corky McMillin, 3428 Malpazo Court, Bonita 92002, developer,
requested approval of the project since, in his view, it faces the
issues now and for the future, and outlined his firm's
participation in the study of thresholds.
Ken Baumgartner, 2727 Hoover Avenue, National City, McMillin
Development Inc., made a presentation of the illustrative plan for
the project, outlining the visual appeal, the public facilities
plan, the open space which included hiking and horse trails, the
public benefits which provide employment opportunities and the
street improvements. Mr. Baumgartner stated that the goals of the
Plan have been met and requested Council approval.
Paul Robinson, 600 B Street, attorney for the Rancho del Rey
Partnership, discussed the one remaining difference in the
agreement relative to the ability of Council to change certain
thresholds. Mr. Robinson presented Council with alternative
language to create a certainty as required by the lender for the
project, stating that "rules, policies and regulations of the City
should be in effect at the time of the Agreement", and asked that
this language be adopted.
Reverend Larry McConnell, 17 Vista Drive, 92010, requested
approval of the Plan, but stated his request that the Plan be
amended to assure that two church sites be designated to
accommodate 1,O00 families.
Chris Chase, 1955 Rue Michelle, 92013, representative of the South
Bay Family YMCA, stated his enthusiastic support of the project,
and outlined the plan of the Rancho del Rey Partnership for
construction of a YMCA facility for the benefit of the youth and
adults.
Daniel Kincade, 1417 Summit Drive, 92010, appearing as President
of Eucalyptus Ridge Homeowners Association, read a resolution
adopted by the Association's Board of Directors in support of the
compromise reached with the developers to include natural canyon
area and recreational facilities, and requesting certain
conditions and recommendations for the Eucalyptus Ridge
condominium residents and the community as a whole. Mr. Kincade
also complimented the efforts of City staff toward this compromise.
Minutes 9 December 15, 1987
Greg Rowe, 1461 Summit Drive, g2010, stated his agreement with Mr.
Kincade's statements and his support of the project.
George Ruth, 1438 Summit Drive, Member of the Homeowner Eucalyptus
Ridge Association, agreed with the compromise, but stated his
concern with the generation and noise of traffic in the area,
especially as it relates to the project access and egress into the
condominiums.
George Rodway, 1459 Summit Drive, member of the Board of Directors
for Eucalyptus Ridge Association, also stated agreement with the
resolution and his compliments to the Planning Commission, but
also stated his concern that approximately two dozen units,
located on East H Street, will be impacted by the traffic as
stated by Mr. Ruth; as well as his confidence that the Traffic
Engineer will solve this problem.
There being no others to speak for or against this project, the
public hearing was closed.
Councilman Nader's qustions centered on the EIR and the mitigating
measures for the biological impacts, necessitating the approval of
the overriding statement. Staff explained the mitigating measures
will bring the impacts to acceptable levels to meet the criteria,
and the discretionary action before Council states the results as
significant unmitigable effects.
Councilmembers discussed and questioned staff on all areas of the
project plan. Planning Director Krempl explained the only
disagreement with the applicant centers on vesting of the
thresholds, which concern can only be answered by a monitoring
program of traffic issues.
RESOLUTIONS "a" AND "h" OFFERED BY COUNCILMAN MOORE, the reading
of the texts was waived by unanimous consent, passed and
approved. (Councilman Nader voted no)
Councilman Nader questioned the appropriateness of amending
Resolution "b", to incorporate the conditions as requested in the
Resolution of the Eucalyptus Ridge Homeowners Association to
assure the homeowners that the City will conform to the conditions
requested.
MSUC (Nader/Malcolm) to add an addendum to Resolution "b".
RESOLUTIONS . "b" as amended, "c", "d", ORDINANCE "e", and
RESOLUTION "g", OFFERED BY COUNCILMAN MOORE, the reading of the
texts was waived by unanimous consent, passed and approved.
(Mayor pro Tempore Malcolm voted no)
Councilmembers commented on the Plan and the possible impacts on
traffic as a result of the employment park and the compromises
made by the developer.
Minutes 10 - December 15, 1987
ORDINANCE "f" OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of
the text was waived by unanimous consen~he reading of the text
was waived by unanimous consent, passed and approved unanimously.
MS (Malcolm/Moore) to change the wording on page 5, paragraph 4.6,
as proposed by the applicant. (Motion failed: Councilmembers
Nader and McCandliss voted no)
Mayor pro Tempore Malcolm commented on item "f", and his proposed
amendment to the item, stating that City Council needs to commit
themselves to not change rules with developers who have expended
money on the project. City Attorney explained that, as presently
stated, thresholds have been set which are expected to be met but,
if something happens, the' risk is placed on the developer.
Mayor pro Tempore Malcolm addressed his comments to Corky
McMillin, stating the goals of the City of Chula Vista are for a
balanced community with designated church sites, and requested
that consideration be given, when future projects are
contemplated, that development be geared to attract "high tech
industries" with estate homes in proximity.
MSUC (Moore/Malcolm) to direct staff to review the exits and
entrances to the condominiums for recommendations to the
Homeowners Association to improve the access in and out.
At 9:25 p.m., Council recessed and reconvened at 9:30 p.m.
20. PUBLIC HEARING TO FORM CHULA VISTA OPEN SPACE MAINTENANCE
DISTRICT NO. 17, BEL AIR RIDGE (Director
of Public Works/City Engineer)
RESOLUTION 13387 ESTABLISHING OPEN SPACE MAINTENANCE
DISTRICT NO. 17 (BEL AIR RIDGE) CONTINGENT
UPON RECORDATION OF A FINAL SUBDIVISION
MAP FOR SAID PROPERTY
This being the time and place as advertised, Mayor pro Tempore
Malcolm declared the public hearing open.
The developer of 8el Air Ridge Subdivision has petitioned the City
for the formation of an open space maintenance district in
accordance with the criteria contained in the Municipal Code; and
the resolution is contingent upon recordation of the Final
Subdivision Map for the subject property.
The proposed open space district would have two maintenance
requirements: (1) maintenance of the canyon vegetated areas (i.e.,
natural and manufactured slopes), and (2) maintenance of storm
drain outlets and the canyon bottom. Initially, the maintenance
will consist of the slope contained in Lot A of Bel Air Ridge
Subdivision and the outlet of the storm drain to be constructed
with the subdivision.
Minutes - ll December 15, 1987
Councilman Moore questioned the storm drain issue located at the
bottom of the canyon and staff explained the method for deterring
erosion.
There being no further testimony either for or against, the public
hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
21. PUBLIC HEARING REZONING 0.59 ACRES INSIDE OTAY LAKES ROAD
BETWEEN RIDGEBACK AND EAST "H" STREET P.C.
AND C-C-P, SUDBERRY PROPERTIES, INC.
IDirector of Planning)
ORDINANCE 2246 AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 0.59 ACRES LOCATED
WESTERLY OF OTAY LAKES ROAD BETWEEN
RIDGEBACK ROAD AND EAST "H" STREET TO P-C
AND C-C-P (FIRST READING)
This request is to adjust the zone boundary between the Planned
Community and Central Commercial with Precise Plan zones in order
to accommodate the proposed Bonita Point Plaza commercial center
at the northwesterly corner of East "H" Street and Otay Lakes
Road, which project is a Class 3(c) exemption from environmental
review and will not be inconsistent with the E1 Rancho del Rey
Specific Plan.
This being the time and place as advertised, Mayor pro Tempore
Malcolm declared the public hearing open.
There being no one to testify either for or against the item, the
public hearing was closed.
MSUC (Moore/Malcolm) to place Ordinance 2226 on first reading.
22. PUBLIC HEARING REZONE 1.67 ACRES BETWEEN "C" AND
TROUSDALE ON THIRD AVENUE FROM R-1 TO
R-3-P-21, PIONEER MORTGAGE (Director of
Planning)
ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 1.67 ACRES LOCATED
BETWEEN "C" STREET AND TROUSDALE DRIVE ON
THIRD AVENUE EXTENDED FROM R-1 TO R-3-P-21
(FIRST READING)
This being the time and place as advertised, Mayor pro Tempore
Malcolm declared the public hearing open.
Planning Director Krempl explained the small lot project and the
topography stating the project lends itself well to multi-family
dwellings.
Minutes 12 - December 15, 1987
Edwin Laser, architect, 1010 Turquoise Street, San Diego 92109
and Gary Naiman, 5605 E1 Cajon Blvd., San Diego 92115, both
representing Pioneer Mortgage, declared their presence to answer
questions.
Edwin C. Conk]in, 163 North Del Mar, Chula Vista 92010, opposed
the ordinance because of his concerns. He believes there s ould
be no change in zoning in the area, the traffic is presently
"unbearable" without the addition of apartments, the area would be
impacted environmentally and referred to a tree harboring Red Tail
Hawks and Blue Herons in the open space, and the noise which will
be caused by the building of apartments. Mr. Conklin stated it is
one of the last areas that has a nice view and zoned for
single-family homes and the residents would like to keep it that
way.
Paul Leukifer, 172 North Del Mar, Chula Vista, questioned the
traffic routes. When it was related there would be a private
access via "C" Street he questioned possible future plans,
reminding Council that the residents were assured the area would
remain an R-1 zone. (Mr. Naiman answered these concerns by
stating that no apartments buildings are planned for Del Mar
Street.)
There being no further testimony either for or against the item,
the public hearing was closed.
Councilwoman McCandliss agreed with the concerns of the residents
regarding conversion from R-1 to Multi-family and urged the
Councilmembers not to support this ordinance.
Councilman Moore added his concern about traffic is a primary
reason for him to not support the ordinance.
MSUC (McCandliss/Nader) to deny the rezoning.
Director of Planning Krempl recommended Council direct staff to
look at the General Plan and to change the zoning to single,family
residences rather than multi-residences as presently designated.
Councilman Malcolm stated he was more bothered by the bulk of the
project than with the multi-family and agreed with Councilman
Moore that this is an unique site.
Mr. Naiman again appeared before City CoUncil and complained of
what he termed a "lack of communication", stating his frustration
over the last two years when trying to do something with this
property.
MSUC (Malcolm/McCandliss) to direct staff to meet with Mr. Naiman
and direction to the Planning Commission to work this out and have
a look at this particular project and the fezone request and after
tht, to bring the issue back to the Council without the applicant
having to pay the fees.
Minutes 13 - December 15, 1987
23. ORAL COMMUNICATIONS
a. Fred Rause, 352 Broadway, Chula Vista, owner of a maintenance,
repair and remodel service in the City of Chula Vista related to
what he called an archaic ordinance. Mr. Rause explained that the
owner of a local business is ready to expend a large sum of money
for remodeling. All requirements of the City have been met,
parking spaces exceed the minimum and the one problem is
compliance with the ordinance for a dance hall license. Mr. Rause
requested direction for an exception to this rule, since it is his
understanding that the ordinance will soon be changed.
Councilmembers discussed the issue and with the agreement of
staff concurred that it should be resolved administratively.
MSUC (Moore/Nader) to direct this item to the City Manager.
PULLED ITEMS
5. RESOLUTION 13394 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO
FOR THE DEPARTMENT OF HEALTH SERVICES TO
CONDUCT A DOMESTIC RODENT SURVEY WITHIN
THE CITY OF CHULA VISTA, APPROPRIATING
FUNDS FOR SAID SURVEY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Principal
Management Assistant)
In order to measure the extent of the problem, a domestic rodent
survey of the community is desirable. The results of the survey
would help determine if on-going services via contract with the
County or a private company is needed.
This item was pulled by Councilman Nader who is concerned for the
citizens who have already submitted their complaints. Staff
explained that this is, at present, a survey which should be
completed in April 1988.
RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
FOLLOW-UP MOTION
Nader/to direct staff when rodent problems are brought to their
attention by citizen complaints, that those specific complaints be
investigated and identified before the survey is completed. The
motion died for lack of a second.
Councilman Nader again considered a follow-up motion to direct
staff to respond to complaints neighborhood wide but staff
explained that the County would not provide service until after
the contract has been signed. The City Manager further stated
that if complaints were brought to his office in the meantime,
staff would respond to the complaint.
Minutes 14 - December 15, 1987
lO. RESOLUTION 13395 ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE CONSTRUCTION OF SIDEWALK RAMPS MISSING
SIDEWALK AND SIDEWALK REHABILITATION,
1987-88 PROGRAM AT VARIOUS LOCATIONS IN
THE CITY OF CHULA VISTA (Director of
Public Works/City Engineer)
The work includes the removal of existing curb, gutter, and
sidewalk and replacement with the construction of sidewalk ramps.
It also includes the removal and construction of deteriorated
sidewalk in the Montgomery area and replacement with new sidewalk;
and last, it includes the construction of a new sidewalk along the
south side of Orange Avenue between Second Avenue and Albany which
requires construction of a 4 ft. high chain link fence, excavation
and grading, a crib type retaining wall and landscaping. The
funds for this work were budgeted in the 1987-88 Capital
Improvement Program. Council approved staff's recommendation to:
1. Appropriate $57,893.83 from the unappropriated reserves of Gas
Tax Funds to Sidewalk Improvement - Orange Avenue, Second
Avenue to Albany account;
2. Accept bids and award contract to low bidder, Roca
Construction, Inc., Chula Vista, in the amount of $121,357.g4
(this includes a reduction in the bid amount of $16,000); and
3. Authorize the City Engineer to execute Change Order 1 which
decreases the contract bid by $16,000 (reduces estimated
number of ramps from 60 to approximately 40).
RESOLUTION OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of
the text was waived by unanimous consent, passed and approved
unanimously.
14. RESOLUTION 13396 EXTENDING THE CONTRACT FOR PLANNING
SERVICES OF MR. WILLIAM F. HEITER FOR THE
MONTGOMERY SPECIFIC PLAN AND APPROPRIATING
THE NECESSARY FUNDS THEREFOR (DireCtor of
Planning)
The Resolution authorizes the Mayor to execute the three-month
extension of the subject contract on behalf of the City of Chula
Vista. The cost of Mr. Heiter's services for the three-month
period would be $9,187.50 to be funded from the General Fund.
RESOLUTION OFFERED BY MAYOR PRO TEMPORE MALCOLM, the reading of
the text was waived by unanimous consent, passed and approved
unanimously.
17. REPORT CONCERNING SELECTION OF MEDIATORS FOR
MOBILEHOME PARK SPACE RENT MEDIATION
(Director of Community Development)
a. RESOLUTION APPROVING THE LIST OF MEDIATORS FOR
MOBILEHOME PARK SPACE RENT MEDIATION
PURSUANT TO CITY MUNICIPAL CODE SECTION
9.50
Minutes 15 - December 15, 1987
The list is comprised of individuals who have agreed to serve as
mediators. The Mobilehome Issues Committee supports this effort.
Community Development Director Desrochers spoke for Adeline Smith
who had the meeting and requested that the list be accepted and
expanded within 30 days with more details on the experience of the
selected people, and that Council allow them to choose a mediation
service,
Mayor pro Tempore Malcolm stated his disagreement with the list of
representatives suggesting that each Councilmember pick one to
five names. After discussion, Councilmembers concurred on this
method for choosing representatives and delayed decision on the
selection of a mediation service.
MSUC (Malcolm/Nader) to continue to the adjourned meeting of
Thursday, December 17 and that each Councilmember submit five
names to the City Manager for placement as representatives of the
Council.
24. REPORT OF THE CITY MANAGER None.
25. MAYOR'S REPORT None.
26. COUNCIL COMMENTS
a. All Councilmembers wished a Merry Christmas and Happy New Year
to everyone.
COUNCILMAN MOORE:
b. Stated support of Sweetwater Union High School for SB 201;
c. Questioned staff about a date and time of the scheduled
workshop to review the sign ordinance, and noted that the
Chamber of Commerce should also be invited.
ADJOURNMENT AT 10:30 p.m. to the Specialized Video Training
Meeting of December 16 at 2:00 p.m., to the General Plan Update
Council Conference of December 17th immediately following the 4:00
p.m. Redevelopment Agency Meeting, to Closed Session on December
17 immediately after the General Plan Update Conference, to the
Specialized Video Training Meeting of December 18 at 9:00 a.m..
NOTICE: The City Council Meeting of December 22 is cancelled due
to the holiday. The next regular Council meeting will be held on
Tuesday, January 5, 1988 at 4:00 p.m.
jENNIE M. FULASZ, CMC
City Clerk
jL~_~_ortune, CMC
{D2puty"City Clerk
1132C