HomeMy WebLinkAboutcc min 1989/07/18 MINUTES OF A REGULAR MEETING
OF THE CITY COUNCIL OF CHULA VISTA
At 6:45 p.m. Council met in Closed Session
to discuss:
Combs v. City of Chula Vista
Schuh v. City Chula Vista
Tuesday, July 18, 1989 Council Chamber
7:05 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers Nader, Malcolm,
McCandliss and Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager
Asmus, Assistant City Attorney Rudolf
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES None.
2. SPECIAL ORDERS OF THE DAY
a. Mayor Cox presented Councilwoman McCandliss with a pin for ten
years of service with the City.
Councilman Malcolm took this time to express his concern over the
length of the City Council meetings. He stated that a policy
should be implemented wherein there is a time limit set on the
meetings and the Council Comments. He would like to see the
meetings end at lO or ll p.m. and continue any items that had not
been addressed.
MSUC (Malcolm/Moore) refer staff to have a report back at staff's
earliest convenience.
Councilman Malcolm, in reference to item #8 requested that staff
to follow up with a letter or phone call to Commissioner Pennet or
the Unified Port District regarding the lack of handicapped
parking spaces at the J Street Marina.
Councilwoman McCandliss stated her concerns about the appearance
of the advertising displays at the Visitor Information Center.
Deputy City Manager Thomson assured her Council will have final
review.
Minutes - 2 -
CONSENT CALENDAR (Items 3a 13)
COUNCILMAN NADER OFFERED THE CONSENT CALENDAR which was read by
titles, the reading of the texts was waived passed and approved
with Councilman Malcolm out.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR REIMBURSEMENT FOR ARBITRATION FEES James Lovett,
Chairman, Bayscene Arbitration Committee
Mr. Lovett will be advised of the procedure that must be followed
and staff will then be in a position to provide those funds set
aside for that purpose.
b. REQUEST FOR SUPPORT AB 80 (RECYCLING PLANS AND IMPLEMENTATION
PROGRAMS)
The letter was referred to the City's Legislative Committee for
review and recommendation.
4. RESOLUTION 15180 ACCEPTING BIDS AND AWARDING CONTRACT FOR~
GROUNDS MAINTENANCE EQUIPMENT AND
APPROPRIATING ADDITIONAL FUNDS REQUIRED
FOR THE PURCHASE (Director of Finance)
Bids were received for the purchase of grounds maintenance
equipment. The contract was awarded to San Diego Turf (low
bidder).
5. RESOLUTION 15181 APPROVING FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
CHARLES COSTA ENTERPRISES FOR THE
OPERATION OF THE BAYFRONT VISITOR
INFORMATION CENTER, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Deputy
City Manager)
Charles Costa Enterprises (CCE) has operated the Bayfront Visitor
Information Center since August 1987. CCE has indicated that the
current contract restrictions on the level of commercial
activities permitted in the Center has made it impossible for CCE
to operate the Center profitably. CCE has requested that the
existing contract be amended to permit display advertising, reduce
the rent paid to the City and County, and shift some of the
responsibility for maintaining the interior of the Center to the
City and County. The amended contract with Charles Costa
Enterprises was approved.
6a. RESOLUTION 15182 APPROVING A RIGHT OF WAY USE AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC FOR SUNBOW
PARK AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT (Director of Parks &
Recreation)
Minutes
b. RESOLUTION 15183 APPROVING A RIGHT OF WAY USE AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC FOR RANCHO
DEL REY COMMUNITY PARK AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The site to be developed as Sunbow Park, located in the Sunbow
Phase I development on East Naples Street, is being dedicated to
the City by the developer to fulfill the development's park
requirements. SDG&E has a 250-foot wide easement on the site,
which encompasses most of the 3.8 acre park.
The site to be developed as Rancho del Rey Community Park, located
in Rancho del Rey-SPA I, is being dedicated to the City by Rancho
del Rey Partnership. The property is traversed by two SDG&E
easements, one with a 20-foot width and one with a 300-foot
width. SDG&E requires that the City enter into right-of-way use
agreements for use of the easements as parks.
7. RESOLUTION 15184 APPROVING ENCROACHMENT PERMIT FOR MONUMENT
SIGNS IN RANCHO DEL REY RESIDENTIAL AND
BUSINESS PARK SUBDIVISIONS (Director of
Parks & Recreation)
Rancho del Rey Partnership wishes to construct eight masonry
monument signs at various locations within their business park and
residential development. The developer has requested that the
City allow them to place within open space. In accordance with
Chapter 12.28 this request must be considered by the Council.
Council approved Encroachment Permit No. 169.
8. RESOLUTION 15185 APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR GROUNDS AND COMFORT STATION
MAINTENANCE AT THE J STREET MARINA,
BAYSIDE PARK AND ADJACENT MEDIANS IN SAN
DIEGO UNIFIED PORT PROPERTY IDirector of
Parks & Recreation)
The agreement provides the same level of maintenance with an
increase in street sweeping of parking lots. Also, at the request
of Port District Managers, a request for additional decorative
trash receptacles was included in this year's budget. The City
will be reimbursed $194,950 on a quarterly basis beginning July 1,
1989.
9a. RESOLUTION 15186 ACCEPTING EASEMENT FROM REINALDO LAZO AND
JAMES KELLY FOR STREET TREE PURPOSES ALONG
THE WESTERLY SIDE OF MINOT AVENUE
(Director of Public Works)
b. RESOLUTION 15187 ACCEPTING GRANT OF EASEMENT FROM REINALDO
LAZO AND JAMES KELLY FOR STREET TREE
PURPOSES ALONG THE EASTERLY SIDE OF LAS
FLORES DRIVE
Minutes
c. RESOLUTION 15188 ACKNOWLEDGING IRREVOCABLE OFFER TO
DEDICATE REAL PROPERTY FROM JACQUELINE
LAZO KELLY, JAMES B. KELLY, REINALDO LAZO
AND NANCY LAZO FOR STREET PURPOSES ALONG
THE WESTERLY SIDE OF MINOT AVENUE
On January 17, 1987, the Public Works and Planning Departments
approved Tentative Parcel Map 86-17. Said parcel map involves the
division of one lot located between ~linot Avenue and Las Flores
Drive into two parcels. Conditions placed on the map required the
developer to grant easements for street tree purposes and to offer
to dedicate real property on Minot Avenue. The resolutions were
adopted.
10. RESOLUTION 15189 APPROVING AGREE~lENT BETWEEN THE CITY OF
CHULA VISTA AND WILLIAM HARSHMAN FOR
PERFORMANCE OF PROFESSIONAL SERVICES BY A
CONSULTANT FOR METROPOLITAN SEWERAGE
SYSTEM MATTERS AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT (Director of
Public Works)
It was proposed that the City enter into a new agreement with Mr.
Harshman, to replace one which expired June 30, 1989, to perform
sewerage-related professional services. Staff recommended waiving
the normal consultant selection process because of the need to
provide continuity in overseeing the lengthy Metro upgrade
process, and to capitalize on Mr. Harshman's unique knowledge and
experience in local interagency sewerage relationships,
particularly relative to Metro sewer matters.
The maximum cost not to exceed $16,000 and likely will be less.
Actual cost will depend upon number of hours of work performed.
The costs will be paid from the Sewer Fund. Council approved the
contract.
11. RESOLUTION 15190 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND WILLIAM R. DOTSON AND
RANCHO DEL REY PARTNERSHIP FOR PROVIDING
TRANSPORTATION CONSULTANT SERVICES AND
EXPEDITING THE PROCESSING OF THE
1-805/EAST H STREET INTERSECTION
IMPROVEMENTS WITH VARIOUS CONSULTANTS,
UTILITIES AND AGENCIES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT (Director
of Public Works)
As a condition of the development of the Rancho del Rey
subdivision, the City has required the developer to do certain
improvements at the H Street and 1-805 interchange. In order to
facilitate the improvements required by the City, the California
Department of Transportation has required the City to enter into
an agreement to do an interim project (Stage I) and to study and
prepare plans for a Stage II ultimate improvement. Rancho del Rey
Partnership is currently processing the Stage I work with CalTrans
for a construction permit and has entered into an agreement with
the City to advance funds to cover the costs required under
Stage 2.
Minutes ~ ~u,~ ,~, ....
Mr. William Dotson has agreed to perform the services listed in
the agreement for a not-to-exceed fee amount of $30,000. Rancho
del Rey Partnership has agreed to pay said fee in accordance with
the City of Chula Vista's full cost recovery program. Council
approved the contract.
12a. RESOLUTION 15191 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA JAYCEES IN
REGARD TO THE EXPENDITURE OF CITY FUNDS
APPROPRIATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Assistant City
Manager)
b .RESOLUTION 15192 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GRETCHEN EVANS LIBRARY
CONCERTS IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
C .RESOLUTION 15193 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND UNITED NATIONS DAY
COMMITTEE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
d .RESOLUTION 15194 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND COMMUNITY SUBSTANCE ABUSE
TASK FORCE IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
e .RESOLUTION 15195 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND CHULA VISTA HUNAN SERVICES
COUNCIL IN REGARD TO THE EXPENDITURE OF
CITY FUNDS APPROPRIATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The 1989-90 budget includes funding of various Community
Promotions organizations. Agreements were prepared for the groups
in the amounts approved by the City Council at the June 14, 1989
budget session.
13. RESOLUTION 15196 APPROVING CHANGE ORDER NO. 1, TRAFFIC
SIGNAL MASTER CONTROL SYSTEM IN THE CITY
AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE (Director of Public Works)
On February 28, 1989, Council awarded a contract in the amount of
$780,500 to MCR Electrical Contractors for the field construction
portions of the traffic signal master control system.
Minutes u uu~ ,u, ,~
Proposed Change Order No. 1 was to compensate the contractor for
the installation of a demarcation point system for Pacific Bell;
the installation of a 4-inch diameter conduit for Pacific Bell;
addition of three meter pedestals; revision to the Controller
Foundations and the deletion of bid item to install a 125 pair
telephone cable to Control Center.
The Change Order increased the contract amount by $31,658. There
are sufficient funds available in the project's contingency fund
to cover the increase.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING PCZ-89-J - PROPOSAL TO REZONE CERTAIN
TERRITORY GENERALLY BOUNDED BY L STREET ON
THE NORTH, BROADWAY ON THE WEST, ORANGE
AVENUE ON THE SOUTH, AND HILLTOP DRIVE ON
THE EAST, FROM ITS CITY ADOPTED
(COUNTY-ZONING) CLASSIFICATIONS TO THE
CITY CLASSIFICATIONS UTILIZED THROUGHOUT
CHULA VISTA CITY INITIATED (Director of
Planning)
ORDINANCE 2316 REZONING CERTAIN TERRITORY GENERALLY
BOUNDED BY L STREET ON THE NORTH, BROADWAY
ON THE WEST, ORANGE AVENUE ON THE SOUTH,
AND HILLTOP DRIVE ON THE EAST, FROM ITS
CITY ADOPTED (COUNTY-ZONING) CLASS-
IFICATIONS TO THE CITY CLASSIFICATIONS
UTILIZED THROUGHOUT CHULA VISTA - FIRST
READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Consultant Tony Lettieri, presented slides and
transparencies and explained that this proposal involves the
reclassification of a portion of the Castle Park "A" subcommunity
of the Montgomery Specific Plan. He also noted that based on the
Initial Study and comments on the Initial Study and Negative
Declaration, the project will have no significant environmental
impacts and recommended readopting the Negative Declaration issued
on IS-88-4M for the Montgomery Specific Plan. Mr, Lettieri also
recommended adopting a motion that the Planning Commission
recommend enactment of an ordinance to change the zones as
described.
Don Lindberg, 280 K Street, representing Bud Gestry, owner of
property at 1250 Third Avenue. He noted it had been zoned for
high density residential use in the County and is proposed for
C-C-P zoning at the present time. Mr. Lindberg stated they had
no objection to the proposed zoning; they wished to make the
record plain that they still intend, at some future time, to make
application for a Conditional Use Permit in order to achieve
residential use of that property which is allowable under the
C-C-P zoning. The high density residential use is consistent with
that of the surrounding properties.
David Kaylor, Professional Engineer with Consulting Service Group,
745 York Court, San Diego 92109, and representing the property
owner of the property west of Palomar School (Salas Property),
spoke against the rezoning. He referred to exhibits he submitted
on Friday afternoon outlining his concerns on the zone change. He
noted there was no access from Palomar onto the residential area,
because of the size and location of the parcel, it should be
another factor in considering another zoning rather than
attempting to hold in a residential zone. Mr. Kaylor requested
that this particular property be studied further; to take it out
of zone change and send back to staff to for further planning. To
enact a zone change on this property would not be fair to the
property owner.
Councilman Nader asked if Mr. Kaylor had time to present his
concerns to the Montgomery Planning Committee prior to this
evening's hearing. Mr. Kaylor responded that he had not, although
he met with City staff approximately 2 weeks ago to attempt to
determine what the boundary considerations were and spent time
researching the County General Plan.
Mr. Lettieri noted that staff did notify the property owner.
There being no further testimony either for or against, the public
hearing was closed.
Councilman Malcolm noted he would be abstaining on the Country
Club portion.
Councilman Malcolm also stated that he thought it imperative to
make amendment on this, as Council did on the other part of
Montgomery. He felt Council should put a "P" Modifier over the
multi-family portion of area. This would not necessarily do
anything to the property owner other than the fact that we, as a
City, could stop some of the 3-story albatross' that are being
built; we have greater design control and we can require a better
product.
MSUC (Malcolm/Nader) to amend the ordinance to place a "P"
designator over any multi-family dwellings.
Minutes ~ uu.~ ,u, ,~
ORDINANCE OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Malcolm abstaining on the Country Club portion of the
zoning ordinance.
15 PUBLIC HEARING CONSIDERATION OF FINAL EIR-86-4 EASTLAKE
GREENS (Director of Planning)
a. RESOLUTION 15197 CERTIFYING FINAL EIR-86~4 - EASTLAKE
GREENS
PUBLIC HEARING PCM-87-7 - CONSIDERATION OF EASTLAKE II
GENERAL DEVELOPMENT PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS EASTLAKE
GREENS SECTIONAL PLANNING AREA ~SPA) PLAN,
EASTLAKE GREENS PUBLIC FACILITIES
FINANCING PLAN, EASTLAKE GREENS DESIGN
MANUAL; EASTLAKE DEVELOPMENT COMPANY
b. RESOLUTION 15198 APPROVING THE EASTLAKE II GENERAL
DEVELOPMENT PLAN
c. ORDINANCE 2317 ADOPTING AN AMENDMENT TO THE EASTLAKE I
PLANNED COMMUNITY DISTRICT REGULATIONS TO
ADD EASTLAKE II TO SAID REGULATIONS
FIRST READING
d. RESOLUTION 15199 APPROVING THE EASTLAKE GREENS SPA PLAN,
PUBLIC FACILITIES FINANCING PLAN, AND
DESIGN MANUAL
e. RESOLUTION 15200 APPROVING TENTATIVE SUBDIVISION MAP 1993
PCS-88-3 FOR EASTLAKE GREENS
f. RESOLUTION 15201 ADOPTING CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR EASTLAKE
GREENS
g. RESOLUTION 15202 ADOPTING THE MITIGATION MONITORING REPORT/s~
FOR EASTLAKE GREENS, EIR-86-4
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Consultant Doug Reid explained that a Master EIR for all
the EastLake development (including EastLake Greens/Trails) was
completed in February of 1982. In addition, 392.1 acres of
EastLake Greens were reviewed in an EIR prepared for EastLake I in
January 1985. This presentation contains additional information,
and covers effects on the environment which are not specific to
the EastLake Greens/Trails site and those that were not previously
addressed as significant effects.
Minutes - 9 July 18, 1989
Mr. Reid then introduced Jeanne Munoz, ERC Environmental and
Energy Services, who presented conclusions in the final EIR and
also the findings on the CEQA related documents.
Ms. Munoz noted essentially, the one significant unmitigable
impact would be on paper only: air quality. The reason being that
it is in non-conformance. In the San Diego area, a project is
considered to have a significant cumulative air quality impact if
the project has not been included in the SANDAG Series 5 and 6
Growth Forecast. EastLake Greens and EastLake Trails were not
included in those forecasts. At the time at which they become
included the project will be in compliance and conformance and it
will no longer be an unmitigable air quality impact.
Councilman Nader noted the unmitigable impact on air quality (on
paper) is a real air quality impact and it is only on paper that
impact will disappear if SANDAG revises it projects and the
implementation plan for meeting quality air standards is revised.
He questioned the existing inadequate implementation plan and the
need to revise ~t to be stricter and asked how it is that we
anticipate the implementation plan and the SANDAG forecast will be
revised and therefore, on paper, the air quality impacts
unmitigated will go away and somehow remove the same amount of air
pollution that was an unmitigated impact on the EIR.
Ms. Munoz responded that it is confusing, but that what it is, is
that once the SANDAG Series 5 & 6 forecasts are incorporated into
the revised Air Quality Management Plan, this project will be in
compliance with the predictions made in that plan. It will not
change air quality at all, but it will be in compliance and
performance. The point needs to made however, that in large part,
the problems with air quality in San Diego County are a result of
the air quality problems in Los Angeles and there is nothing we
can do about that.
Mr. Bud Gray, City Consultant, noted he would be discussing the
EastLake II General Development Plan and the EastLake Greens SPA
Plan; Tom Bandy from Willdan would be presenting the EastLake
Greens Public Facilities and Financing Plan and Principal Planner
Ken Lee from the Planning Department would be presenting the
Tentative Map.
Tom Bandy reported on the Eastlake Greens Public Facilities
Financing Plan. He noted that the plan has four key features. It
describes the public facilities needed to serve the project,
on-site and off-side, the estimated costs, the method of
financing, and the phasing of facilities.
Principal Planner Lee presented his report on the project, noting
the proposed subdivision encompasses 830 acres of land located in
the eastern portion of the City east of 1-805 and south of Otay
Lakes Road. He noted the General lotring of the area including;
standard lots, small lots, attached product lots, townhouse
product lots, condominium product lots, high density condominium
lots. Mr. Lee also noted a letter from Kent Aden of EastLake
referring to proposed clarifications to conditions for EastLake
Greens.
Council discussion followed regarding lot sizes, density, family
sizes; affordabilty of the homes; possibly imposing a moratorium
if development came to outstrip public facilities, water
management plans, and land use patterns.
Bob Santos, President, EastLake Development Company, 900 Lane
Avenue, addressed the issues about the General Plan policy as it
relates to achieving density higher than target density shown in
the General Plan. He noted that EastLake, before the Planning
Commission, voluntarily reduced the density of the EastLake
Greens, EastLake II proposal that was before Council this
evening. They will only request density above that level if the
City's newly adopted policies are revised and situated to provide
for EastLake's ability to do that.
Katie Wright, Project Manager, EastLake Development presented
slides and transparencies on the EastLake Neighborhood and family
characteristics associated with the EastLake Project. She noted
statistics on buyers, families, needs and household sizes. Also
noted were the percentages of first time buyers, move up buyers
and chief reasons why those buyers selected EastLake.
Kent Aden from EastLake noted that there were now over 90
conditions imposed on the SPA Plan and tentative map. He noted
that in the spirit of cooperation EastLake would live up to the
majority those conditions. He requested consideration of
alternative wording and modification to six of those conditions:
1. Tentative Map ~37: requires equal access to Cable TV
franchises. This issue is best dealt on a City-wide basis.
They will be applying for a Cable TV franchise and because of
this they request that Council modify the condition to make
EastLake subject to any new City-wide ordinance or resolution
of this issue. They will be subject to this at the time at
which it is adopted.
2. Tentative Map #64/SPA #2: in regard to the pedestrian
bridge. They don't know if the bridge is warranted or not, it
will require substantial public money to maintain and EastLake
believes it should be included in the Public Facilities
Financing Plan, not as a Tentative Map condition.
Minutes ll - July 18, 1989
3. Tentative Map #38G: Currently states that residential
construction tax may be waived for excess park improvements.
EastLake iscommitting to excess park improvements, therefore
would like a commitment from Council to waive the RCT
accordingly.
4. Tentative Map #46/SPA 6: Conflicting conditions regarding
church sites. EastLake would like to clarify they are
currently showing a 4.8 acre site in EastLake Greens for
churches. In addition, there are 12.3 acres in EastLake I and
II. In total, 22 acres will eventually be planned for the
EastLake community.
5. Tentative Map #44/SPA #9: relating to low/moderate income
housing. These items must be deferred at this time if Council
accepts the Planning Commission recommendation. EastLake
cannot meet these guidelines until the effect of the analysis
on the General Plan Policy Section 6.2 and 6.3 as they relate
to the final density of the five high density parcels is
determined.
6. Planning Commission Item SPA Condition 13: regarding the
deferral of the density. EastLake supports this condition but
is asking that Council adopt this with a 30 day time frame in
mind with the Task Force to come back with recommendations to
be adopted by Council.
With this in mind, EastLake asked that the project be adopted with
the General Plan Policies as they were adopted last week.
Speaking in favor of the EastLake project were:
Richard Esslinger, Postmaster, Chula Vista, 2134 Northshore Drive;
Jackie Metcalf, 546 Port Harwick; Larry Rehlander, Victory
Lutheran Churchi Peter Watry, speaking for CROSSROADS, 81 Second
Avenue; Fran 0 Meara, 1858 Gamay Terrace; aoseph Kownack, 1891
Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive; Bob
O'Connell; 2072 Waterbury Circle; Joseph Cummings, 1848 Ithaca
Street; Richard Stahley, 30 Woodlawn Avenue.
Collectively, their remarks included the following: Crossroads
does not intend to concede one additional unit to EastLake Greens
and EastLake Trails; should stick to target density and approve
condition #13, which embodies the Planning Commission's
recommendation and EastLake's proposal; Post Office in process of
negotiation budget, if project is put off for any length of time
it may detrimentally affect ability to procure funds necessary to
construct EastLake Project; EastLake is the best community ever
seen; has distinctive neighborhood and lifestyle; courteous
corporation to work with for land site for churches; EastLake has
changed Chula Vista's poor image; increased City revenue and
increased number of businesses; various amenities are offered;
homes are affordable; lar9e yards; many of the neighbors have
grown up in Chula Vista and moved to Cottage because they could
afford them and still are near their families; pleased that
EastLake has voluntarily chosen to reduce the density; insulated
community can give back to community in the form of good
neighbors and citizens; EastLake 9ood project but there is some
concern over private v. public parks; would like to give density
transfer to keep from paying upkeep of parks.
Mlnu~es - iL uu~ ~u, ,~j
Speaking against was Joe Garcia, 484 Fifth Avenue, Chula Vista.
He stated that he was concerned about the water situation. He
asked if the water situation has been addressed.
Mayor Cox responded that it would be addressed on an incremental
basis because a certification would have to be done by the Otay
Water District that they would be able to provide the water
service for this project. The Mayor also noted that Councilman
Moore has put together a Water Task Force and that all property
owners are working with the water districts; the Task Force meets
on a monthly basis. The Otay Water District is coming out this
week with water allocations so that the developers know that they
have certain restriction and cannot go beyond that with guaranteed
water rights.
There being no further public testimony, the public hearing was
closed.
RESOLUTION A OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wit:
AYES: Cox, Moore, McCandliss
NO: Malcolm, Nader
RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
Councilwoman McCandliss asked if since the bulk of her concerns
were on the Tentative Map, would it be possible to adopt the
General Development Plan then possibly, with removing the actual
t rget number for the area, continue the Tentative Map until after
t~e Task Force reviews that section and bring it back within 30
days. Or, if there was a desire to amend the tentative map, would
they have to go back and amend the SPA Plan, Facilities Financing.
responded that they could consider the General
en n and the SPA Plan and reserve decision on the
Tentative Map. He noted that if the Tentative Map changed, as far
for the most part the
as density or location of product ty~, Task Force could review
structure would still be relevant.
the Land Use Element of the General Plan within a 60 day period of
time.
The Resolution B passed by the following vote:
AYES: Cox, Moore, McCandliss
NO: Nader, Malcolm
ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wit:
AYES: Cox, Moore, McCandliss, Nader
NO: Malcolm,
Minutes 13 July 18, 1989
RESOLUTION D OFFERED BY MAYOR COX
MOTION
Nader/ to amend the resolution to include an agreement that the
development will conform with the Growth Management Element to
eventually be adopted as part of the Chula Vista General Plan.
Mayor Cox asked if this would be more suitable under Item E - the
Tentative Map
Director Krempl responded that it could be placed under whatever
action they felt comfortable with.
MOTION RESTATED
To amend the resolution to state that EastLake would agree with
whatever Growth Management Element is added into the General Plan;
it would become part of the agreement that the development will
conform with the Growth Management Element that will eventually be
adopted as part of the General Plan.
The question was raised as to the terms used by Councilman Moore.
Councilman Nader clarified that EastLake could decline the
agreement but then the project would not go ahead, so in effect,
it is a requirement that EastLake conform.
Discussion ensued regarding the agreement. Mr. Santos noted that
this is the appropriate legal document to make that kind of
commitment, but suggested it be addressed at that point in time.
In answer to Councilman Nader's question, Mr. Santos responded
they did have a problem in that Council is asking them to take a
considerable risk, as they have done in the past.
Councilman Nader withdrew his motion as to Item D and noted he
would resubmit it as to Item E, but that it should be make clear
at some point tonight that Council is doing this.
VOTE ON THE MOTION, Item D
The motion carried with Councilman Malcolm voting no.
RESOLUTION E OFFERED BY MAYOR COX as read.
MOTION
IMcCandliss/Nader) that the resolution be continued and returned
at the Council meeting with the report on the General Plan.
Councilman Nader asked for a clarification of the motion.
Councilwoman McCandliss stated that what she would like the
committee to deal with transfers and bonuses and come back to
Council before approval of the tentative map
Mr. Santos stated they were interested in moving ahead, but
concerned about the feelings that EastLake had a lack of
commitment. He suggested that the provision of a tract map
condition that requires the development agreement for the project
make EastLake subject to the Growth Management Policy that will be
adopted by the City in the future. Secondly, that a track map
condition on the project requires that EastLake cannot exceed on a
cumulative basis in the eastern territories 7,426 dwelling units
until such time as the City has updated their Transportation
Phasing Plan, or the Growth Management Plan.
VOTE ON THE MOTION
The motion to continue failed by the following vote, to wit:
AYES: McCandliss, Nader
NOES: Cox, Malcolm, Moore
Mayor Cox noted there was one amendment he would like to make.
MSUC (Cox/Malcolm) that before recording of the final map there
would have to be an agreement executed by the City and by EastLake
resolving the outstanding issues on the public v. private parks as
they relate to EastLake I and EastLake II.
MSUC (Nader/McCandliss) Condition 79 the development be subject
to the Growth Management Element of the General Plan in the
Transportation Phasing Plan to be adopted by the City.
Councilman Malcolm noted that he had no problem with item 37 where
EastLake is subject to any new City-wide resolutions regarding
cable television and no problem with item 44 - that conditions
related to low and moderate income housing shall be deferred and
evaluated as a factor in the analysis of the General Plan olicies
6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, ~-27 and
R-28.
MOTION
~lcolm/Moore) to amend 37 and 44 as per EastLake's request.
Director of Public Works Lippitt noted that Item 37 was put in
because of Council's concern of equal access it could be changed
he recommended taking out the word "City-wide" because we don't
know what the ultimate solution is going to be and it may be
different from the western portion of the City in EastLake.
Minutes - ID uu~] ~o, ~u~
AMENDMENT TO MOTION
Councilman Malcolm amended his motion to delete the word
"City-wide"
The motion carried unanimously.
Councilman Malcolm also stated he had a problem with the golf
course. He spoke to EastLake and they agreed to do something
other than a private golf course; the general public ought to have
a right to use the open space; EastLake has an obligation to the
public. He asked the City Attorney if Council could leave a
condition where EastLake has to be willing to open up to some type
of public use, to be determined by the City of Chula Vista at a
later date ~y the Parks & Recreation staff and other golfin~
facilities in EastLake to come back with some type o
recommendation.
Assistant City Attorney Rudolf, in response to Councilman
Malcolm's question noted that if that condition would be
consistent with what was already approved in Resolutions B, C, and
D; if that issue is not already addressed in those provisions,
then this condition would be inconsistent.
It was noted by Mr. Gray that this would not be inconsistent with
anything Council has acted upon thus far because nothing in the
plans really speak to the private v. public nature of the golf
course.
Mr. Santos noted that EastLake Country Club is envisioned to be a
rivately owned and operated Club; it is not a municipal course.
~hen it is opened in 1991, it will be open for public play for a
a desire to have this available for a
community-at-large use. There will be a CUP for the golf course
permit and at that time the whole concept of the public v. private
play can be addressed.
MOTION
MSUC (Malcolm/Nader) to add this as Condition #80 prior to any
~tion of the Golf Course that an a~reement between the City of
d to
Vista and EastLake regarding public play be entere into,
be considered as part of the procedure with the Conditional Use
Permit.
MSUC (Nader/Moore) Condition #81 to incorporate the Planning
Commission's recommendations.
VOTE ON MAP
RESOLUTION E OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Nader and Councilwoman McCandliss voting no.
RESOLUTION F OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved with Councilman
Malcolm voting no and Councilman Nader voting no on the Statement
of Overriding Considerations.
RESOLUTION G OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent passed and approved with Councilman
Malcolm voting no.
Councilman Moore questioned the Council policy on traffic studies
in future developments.
Director of Public Works Lippitt responded that a traffic study
was done for this plan in the EIR and one will be done when Sunbow
and other major developments come in. The City is automatically
following through on its policy.
Mr. Krempl noted that on the Task Force, while indicating that it
may take 60 days, they would be trying to get the group together
as soon as it was authorized by Council and proceed to do it in
the shortest time possible.
Mayor Cox noted the Council should try to make a commitment to
have this issue resolved in the next 60 days.
16. ORAL COMMUNICATIONS Opportunity for the public to speak to
the City Council on any subject matter within the Council's
jurisdiction but not an item on today's agenda. Each
speaker's presentation may not exceed five minutes.
a. Mr. Wade R. Guiliani, s214 J Street, Chula Vista addressed the
issue of the 706 and 706A buses, the Chula Vista Trolley. He
noted that seniors and handicapped individuals that are having
difficulties accessing those buses. He suggested that perhaps
a study be done to correct these buses to be adequately used
by these individuals.
MSUC (Cox/Moore) to refer this petition to staff for a report and
evaluation to come back to Council.
b. Joseph Garcia, 484 Fifth Avenue, Chula Vista, suggested City
invest in a 54 or 60 inch television monitor with a VCR to be
installed in the Council Chamber. City Manager Goss noted the
City has that capability and equipment ready to be used when
needed.
c. Paul Green, 141 Lotus Drive, Chula Vista, addressed concerns
regarding an informational item dated February 15, 1989. The
City Manager noted he will send another copy of the response
to his letter that had been sent.
d. Rick Short Tan, 55 Oxford Street, Chula Vista, requested that
Chula Vista Historical Society consider trees as part of Chula
Vista's history. He cannot get information on certain trees
in the area.
Minutes I/ - uu~y ~o, ~o~
MSC (Nader/Moore) refer comments to Resource Conservation
Historical Site Board with the understandi~t that this is an area
within their purview (Councilman Malcolm ou .
PULLED ITEMS
17. CITY MANAGER'S REPORT
a. Director Krempl presented a report regarding the Third Avenue
tree issue. The applicant felt that if the City wanted to, he
would be willing to have the tree saved on site. His concerns
were a time frame for a decision being strung out; he wanted a
decision made this evening so he could move forward on his
project. His second concern was additional cost regarding
site plan changes as well as any changes with respect to the
improvements that need to be made. He wants the City to be
responsible and bear all the costs. Mr. Krempl advised him
h d
that Mr. Sennett would work up a cost estimate wit a ditional
modifications to the plan and improvements. His contractor is
to review the estimate with his contractor for confirmation.
The estimated cost is in the range of $560.
The applicant has indicated that he intends to remove the
tree, but will wait until the outcome of Council's action
tonight and save the tree, if Council will be responsible for
all existing and future costs. He also added a new
consideration that he be absolved of all liability, that the
City be responsible now and in the future for all liability on
that tree.
Speaking in favor of the City intervening to save the tree
were: Franklin D. Anness, Jr., Top Notch Tree Service, 180
Oxford Street, Chula Vista; Rick Short Tan, 55 Oxford Street,
Chula Vista; and Brian McCarroll, 464-1/2 Third Avenue, Chula
Vista. Mr. Anness ex ressed a willingness to donate his time
in moving the tree. Re asked that Council find a site for the
tree and possibly lend assistance in preparing the tree for
relocation. Mr. McCarroll suggested fencing be put up and the
tree left alone. Mr. Short Tan addressed the historical value
of the tree.
MSC (Nader/McCandliss) (Malcolm out) to appropriate up to $700 and
direct staff to promptly negotiate one of the following:
a. Negotiate an agreement with the property owner to save the
tree with the City reimbursing the property owner for doing so
and indemnifying the property owner for liability that results
specifically from that tree and to report back to Council in
the event that staff determines that for some unforseeable
reason liability is unacceptably high with an option for the
City to terminate the agreement or;
b. negotiate agreement with property owner and tree moving
service to move the tree to City property.
Minutes 18 - July 18, 1989
18. MAYOR'S REPORT
a. Norman Senior Center status report regarding meeting with
developers
Mayor Cox presented a report on his meeting with a number of
people from the development community to see if they would be
willing to participate in a program to possibly expand or
accelerate the construction of Norman Center. Very positive feed
back from McMillin, Baldwin and others who would be willing to get
a lower cost on construction or donations from various suppliers.
The Point Development Company has indicated a willingness to
assist in revising the architectural plans. A more thorough
status report will be forthcoming.
19. COUNCIL COMMENTS
a. Secondary Sewer Treatment Councilman Moore noted he was
advised by San Diego Councilman Henderson advised that we
don't need that treatment. He asked that this issue be placed
on next week's agenda for action.
b. Mayor Cox noted that Council will be receiving a letter of
invitation concerning a briefing on Proposition C. It will be
held on Thursday, August 3 at 7:00 p.m. in North County. He
suggested that due to other conflicts there was another
meeting scheduled and they will be getting notice on it.
c. Ordinance prohibiting lighting objects on fire in public places
MSC (Nader/McCandliss) Staff to come back with an ordinance to
generally prohibit iginiting or setting any object on fire in
public with certain designated exceptions as to location i.e.
certain designated bar-b-que pit in a public park or legal
fireworks displays and so forth. That to apply regardless of what
the object is (Malcolm out).
d. Councilman Nader requested an item to be placed on next week's
agenda on an open space zoning ordinance.
e. Councilwoman McCandliss noted a person in the audience that
wanted to address Council and yielded her time.
Mrs. Gillespie stated that she just wanted to update Council on
Woodlawn Park problem addressed last week. She noted that there
has been a solution to the problem and they can reopen their
nutrition program.
f. Trash-to-energy plant at Otay Prison
Minutes 19 - July 18, 1989
MSC (McCandliss/Nader) to refer those items of legislation to the
Legislative Committee with the possibility that Chula Vista take
some action and do what's necessary with our state lobbyists to
push our position.
ADJOURNMENT AT 12:41 a.m. to the Special Meeting of July 20, 1989,
and to the Regular Meeting of July 25, 1989 at 7:00 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CITY CLERK
BY: (~ /~
Alicia Kemp
Acting Deputy City Clerk