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HomeMy WebLinkAboutcc min 1989/08/15 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA The City Council will met at 6:30 p.m. in Closed Session to discuss Potential Litigation. Tuesday, August 15, 1989 Council Chamber 7:08 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm, Moore ABSENT: None ALSO PRESENT: Assistant City Manager Asmus, Deputy City Attorney Fritsch PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the regular meeting of July 25 and August l, 1989. MSUC (Moore/Nader) to approve the minutes of July 25 and August 1 {Mayor Cox and Councilman Nader abstained from the minutes of August 1, 1989) 2. SPECIAL ORDERS OF THE DAY a. INTRODUCTION OF FOREIGN EXCHANGE STUDENTS International Friendship Commission Terry Thomas gave a brief history of the foreign exchange program and presented the students to Council. Councilman Nader presented pins and certificates. b. INTRODUCTION OF LIONS CLUB YOUTH EXCHANGE STUDENTS - Doris Cox Doris Cox presented the students from Japan to Council. Councilman Nader presented pins and certificates. c. PROPOSAL ON NAUTICAL ACTIVITY CENTER Mayor Cox noted that this item will be discussed at the Redevelopment Agency meeting on Thursday, August 17, 1989. CONSENT CALENDAR {Items 3a - 14) Pulled: 3e, 7, 12, 13 Councilman Malcolm questioned staff as to a letter received this evening on Item 9, the Development Impact Fee. He noted that he was under the impression there was no action to be taken tonight other than to refer the letter to staff for a report back as soon as possible. The item was referred back to staff. Mr. Green, the writer of the letter, withdrew his request to speak. MSUC (Malcolm/Cox) to refer Mr. Green's letter back to staff. AGENDA ~ 2 - August 15, 1989 Councilman Malcolm commented that he had staff put together a letter to Council outlining what was done to streamline meetings. A 6:00 start time does not solve the length of time of these meetings. He feels Council should take his suggestion and put a time limit on the Council members and how much time Council will take. He noted he would be voting no on this item. COUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of the texts was waived by unanimous consent, passed and approved with Councilman Malcolm voting no on Item 8. Deputy City Attorney Fritsch asked Council to clarify which ordinance Council offered. EMERGENCY ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved with Councilman Malcolm voting no. 3. WRITTEN CO~)4UNICATIONS a. RESIGNATION FROM RESOURCE CONSERVATION COMMISSION Jim Waller, 1974 Alderbrook Place, Chula Vista 92013 The letter was accepted with regret. b. REQUEST TO ADOPT RESOLUTION IN SUPPORT OF A STRONG NATIONAL DRUG POLICY - Jim & Helen Kilroy, Mark Kilroy Foundation, P.O. Box 777, Santa Fe, Texas 77517 Staff was directed to prepare a resolution that would support and encourage a strong national drug policy. c. REQUEST TO ENACT MEASURE FOR GREATER CONTROL AGAINST THE USE AND ABUSE OF DRUGS - Susan Golding, Board of Supervisors, 1600 Pacific Highway, San Diego 92101 The City Attorney was directed to draft an ordinance that would allow the City to exact civil and criminal penal ties from property owners who knowingly allow the sale, use or production of drugs to take place on their property. d. REQUEST FOR WAIVER OF FEES - Victory Lutheran Church, 1338 Valencia Loop, Chula Vista 92010 Staff was directed to waive the fees and refund the $175 already paid. e. REQUEST FOR ASSISTANT TO SAVE CALPRIG PROGRAM Jeffrey D. Francis, Consumer Program Director, CALPRIG, 2187 Ulrick St., Ste. B, San Diego 92111 Pulled from Consent Calendar. 4. RESOLUTION 15252 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION AND AUTHORIZING INDEMNIFICATION AGREEMENT WITH ROHR INDUSTRIES FOR THE USE OF THEIR PARKING FACILITIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation} The City, in conjunction with the San Diego Unified Port District, is planning to host the San Diego Symphony Pops Orchestra for a concert at Marina View Park on Sunday, August 27, 1989. Council approved the agreement. AGENDA - 3 - August 15, 1989 5. RESOLUTION 15253 ACCEPTING PUBLIC IMPROVEMENTS, BONITA LONG CANYON UNIT NO. 3 (Director of Public Works) McMillin Development, Inc. has completed the requirements for public improvements for Bonita Long Canyon, Unit No. 3. The improvement agreement was approved by Council Resolution 12690 on August 26, 1986. 6. RESOLUTION 15254 ACCEPTING PUBLIC IMPROVEMENTS, BONITA LONG CANYON UNIT NO. 4 McMillin Development, Inc. has completed the requirements for public improvements for Bonita Long Canyon, Unit No. 4. The improvement agreement was approved by Council Resolution 13299 on September 18, 1987. 7. RESOLUTION DIRECTING STAFF TO INCLUDE THE DESIGNATION OF THE SDG&E PROPERTY ON THE GENERAL PLAN CONCURRENT IN THE PROPOSED GENERAL PLAN AMENDMENT DEALING WITH THE GROWTH MANAGEMENT ELEMENT (City Attorney) Pulled from Consent Calendar. 8. EMERGENCY ORDINANCE 2322 AMENDING SECTIONS 2.04.020 AND 2.04.230 OF CHAPTER 2.04 OF THE MUNICIPAL CODE RELATING TO THE TIME OF COUNCIL MEETINGS AND ORAL CO~IUNICATIONS (City Attorney ORDINANCE AMENDING SECTIONS 2.04.020 AND 2.04.230 OF CHAPTER 2.04 OF THE MUNICIPAL CODE RELATING TO THE TIME OF COUNCIL MEETINGS AND ORAL COMMUNICATIONS - FIRST READING The proposed ordinances would change the starting time for Council meetings on the second, third and fourth Tuesdays of the month from seven o'clock to six o'clock. They would also limit Oral Communications to three minutes. 9. ORDINANCE 2320 ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (Budget Officer) Six projects are proposed to be at least partially funded by the Public Facilities Development Impact Fee. The ordinance was placed on first reading at the meeting of August 8, 1989. This item was continued to the meeting of August 22 for a report from the Budget Officer. 10. ORDINANCE 2321 REZONING CERTAIN TERRITORY GENERALLY BOUNDED BY NAPLES STREET ON HE NORTH, THIRD AVENUE ON THE WEST, PALOMAR STREET ON THE SOUTH, AND HILLTOP DRIVE ON THE EAST, FROM ITS CITY ADOPTED (COUNTY-ZONING) CLASSIFICATIONS UTILIZED THROUGHOUT CHULA VISTA - CITY INITIATED - SECOND READING & ADOPTION (Director of Planning) The proposal involved a reclassification of a portion of the Castle Park "B" Subcommunity of the Montgomery Specific Plan. The ordinance was placed on first reading at the meeting of August 8, 1989. ll. REPORT CLOSURE OF ROHR PARK SWIMMING POOL (Director of Parks & Recreation) AGENDA - 4 - August 15, 1989 RESOLUTION 15255 AUTHORIZING THE MAYOR TO SIGN AN APPLICATION AND PERMIT FOR USE OF THE SWIMMING POOLS AT SOUTHWESTERN COLLEGE AND TO EXECUTE A HOLD HARMLESS AGREEMENT The Department of Parks & Recreation is requesting an extended use of the swimming pools at Southwestern College following the emergency closing of Rohr Park pool. The approval for this use requires a signature on Southwestern's standard permit application and hold harmless statement. 12. REPORT THREE-WAY STOP SIGNS ON ELMHURST STREET AT AUBURN, VASSAR AND XAVIER AVENUE (Director of Public Works) Pulled from Consent Calendar. 13. REPORT CONSIDERATION OF COUNTY AND SOUTHERN CALIFORNIA HAZARDOUS WASTE MANAGEMENT PLANS (Director of Planning) RESOLUTION/~ CERTIFYING FINAL EIR RESOLUTION i~,%~ ADOPTING THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND THE SOUTHERN CALIFORNIA HWMP RESOLUTION =~""' ADOPTING THE MITIGATION MONITORING PLAN Pulled from Consent Calendar. ***END OF CONSENT CALENDAR*** PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14A. PUBLIC HEARING: PCM-89-8: CONSIDERATION OF RANCHO DEL REY SPA II PLAN, PUBLIC FACILITIES PLAN AND PC REGULATIONS; RANCHO DEL REY PARTNERSHIP (Director of Planning) (Continued from meeting of August 8, 1989) RESOLUTION 15256 APPROVING THE GENERAL DEVELOPMENT PLAN RANCHO DEL REY SPA II RESOLUTION 15257 APPROVING THE SECTIONAL PLANNING AREA (SPA) PLAN RESOLUTION 15258 APPROVING THE PUBLIC FACILITIES PLAN AND FINANCING ANALYSIS RESOLUTION APPROVING THE PRELIMINARY DESIGN GUIDELINES ORDINANCE 2323 ADOPTING PC DISTRICT REGULATIONS B. CONSIDERATION OF FINAL EIR-89-2 - RANCHO DEL REY SPA II RESOLUTION 15259 CERTIFYING FINAL EIR-89~2 - RANCHO DEL REY SPA II C. CONSIDERATION OF CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR RANCHO DEL REY SPA II EIR RESOLUTION 15260 ADOPTING FINDINGS RELATIVE TO SECTIONS 120B1 OF CEQA AND STATEMENT OF OVERRIDING CONSIDERATION AGENDA - 5 - August 15, 1989 D. CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR RANCHO DEL REY SPA II EIR RESOLUTION 15261 ADOPTING THE MITIGATION MONITORING PROGRAM FOR RANCHO DEL REY SPA II, EIR-89-2 This being the time and place as advertised, Mayor Cox declared the public hearing open. Environmental Review Coordinator Douglas Reid noted that this project involves the consideration of the Rancho del Rey SPA-II Sectional Planning Area (SPA) Plan and related items for a 376-acre portion of the E1 Rancho del Rey Specific Plan. The Specific Plan was approved by the City Council in 1985 and this submittal represents the second phase implementation for that project. Betty Dehoney, P&D Technologies, 401 West "A" Street, San Diego, presented her findings on the Final EIR and other environmental documents. She noted that the several issues were considered not significant: soils, drainage, geology, water quality, land form, land use. Biological issues were considered significant and unmitigated due to the presence of the black tailed gnat-catcher and coastal sagescrub habitat. Issues that were considered significant but mitigable included: transportation, water issues and archaeology. Four alternatives, two of which focus on the master plan were prepared in 1985. The EIR presents a summary of those alternatives. Councilman Nader questioned why construction of a wildlife undercrossing would result in a greater biological impact on wildlife movement than maintaining the road at a lower elevation. What was the rationale for this conclusion? Mr. Reid noted they considered many items: landform alteration would create a greater impediment to wildlife; the average daily traffic on the roadway is estimated at less than 10,000; anticipated height increase would be 10 to 20 feet in elevation to accommodate the roadway - it would have caused another 40 feet of land form alteration to accommodate an underground structure underneath the roadway; several biologists determined this would have presented a larger impediment; this increased height would necessitate a need more valuable to change the land form and to reduce impact on vegetation; will not make it more dangerous to the animals; trade-offs had to be considered and they are not beneficial to animal environment. Mr. Reid, in conclusion, stated the Final EIR identifies significant impacts which need mitigation, therefore; it is necessary to adopt CEQA findings to identify which impacts have been mitigated below the level of significance and which have not. Additionally, if those findings conclude that there is a significant impact that results from project, it will be necessary to adopt a Statement of Overriding Consideration and Mitigation Monitoring Program to ensure that those mitigation measures incorporated into the EIR project have been carried out. Director of Planning Krempl presented slides and graphs involving the SPA Plan. He noted that the process which was mentioned previously was approved in 1985; SPA I approved in December of 1987, and now Council is considering the SPA Plan for SPA II which includes the Public Facility Phasing Plan and the Development Standards. He requested that the resolution regarding the design guidelines be carried over to when the Final Map is up for consideration. AGENDA - 6 - August 15, 1989 Director Krempl recommended approval of the SPA Plan subject to four conditions. He indicated a minor modification to condition four relating to the provision to low and moderate income housing, to read as follows: "prior to Final Map approval for SPA II, an agreement shall be reached to the satisfaction of the City Housing Coordinator that provisions for low and moderate income housing, in accordance with the housing element, be provided for within the E1 Rancho Del Rey Specific Plan development." Council discussion followed regarding the condition modified; estate lot designation and development standards for these lots; average pad sizes; open space contribution to estate area; impressed with road and streets streets give an appearance of being very open; keeps with the image of an exclusive housing area; how the units from SPA I will be held in reserve for development of SPA II. Councilwoman McCandliss asked if, in regards to the Transportation Facility Phasing Program, this development project will have an additional obligations to do their share as time goes by and is this in any way tied to the Development Impact Fees. Di rector Krempl responded that the East Chula Vista Transportation Phasing Plan, as it will ultimately be adopted, has cumulative thresholds tied to certain public facilities and roadway improvements and this project would be subject to those. The money is collected through the Development Impact Fee program and if the threshold is reach and the needed facility has not been implemented or there is not enough money in the DIF, either development is stopped or the developer who wants to proceed has the obligation of pioneering that facility getting constructed and receiving credit at a later point. Ken Baumgartner, Rancho Del Rey Partnership, 2727 Hoover Avenue, National City 95050, stated that this plan shows the high quality they are trying to achieve in terms of the estate housing; they've tried to move this along as quickly as possible. The plan is consistent with the Specific Plan approved for Rancho Del Rey and the new General Plan. It includes public facilities, a public park, church plans and a day care site. The trail systems have been continued from Bonita coming northwest through the project into Rice Canyon. The median designs will be continued, as will be the fencing plan. In two community forum meetings, a meeting with CROSSROADS and one with the Horsemen's Association, it was evident that this plan was well supported. In regards to lot sizes, Mr. Baumgartner stated that they are looking more at four car garages and frontages of 100 feet with minimum pad sizes of 120 feet, and enhanced view site. Mr. Baumgartner requested Council to approve this plan. There being no further public testimony, Mayor Cox declared the public hearing closed. Council discussion ensued regarding the impressive saving of the canyons and park systems; the overall designs of the single load streets; the need to require new projects to put in pipe-lines for water reclamation; and impact of traffic. Mr. Baumgartner noted that a water reclamation line is being proposed. At this point there is no supply for re-claimed water, but they are working with the Water District, have prepared a plan for the SPA I area, and intend to install water lines in all future projects. RESOLUTIONS A, B, C, D, E AND ORDINANCE F OFFERED BY COUNCILMAN MALCOLM. AGENDA - 7 - August 15, 1989 Councilwoman McCandliss noted that she had talked with Mr. Krempl earlier on the Design Guidelines. She was informed that the Guidelines were provided for information purposes and they would be forwarded to the Commission with the recommendation on the Tentative Map and the Development Agreement at a subsequent meeting. It was an oversight to have Resolution E on the agenda this evening. Councilman Malcolm agreed to pull Resolution E as offered. SUBSTITUTE MOTION (Nader/McCandliss) to defer this item until after Growth Management Element is adopted. Councilman Malcolm questioned the section referred back. Councilman Nader noted that Council directed staff to come back with an additional Growth Management Element. It is to tell Council how the City is going to manage growth and implement the general plan in such a way as to prevent unacceptable impacts on traffic, air quality and water. This project will not have serious impacts, but the element of the general plan is not yet in place to ensure future projects won't have an impact. Mayor Cox stated he was against the motion on the floor. He noted the Growth Management element would include more than our threshold ordinance and the public Facilities Financing plans, but the existence of those two elements address his major concerns: adequate facilities and that the thresholds adopted are going to be abided by and enforced and will be a viable part of this project. VOTE ON SUBSTITUTE MOTION The motion failed with Mayor Cox, Councilmembers Malcolm and Moore voting no. Councilman Nader stated that Council should be voting on adopting the environmental documents before voting on the motion on the floor. Councilman Malcolm clarified that he had intended to offer that resolution. Mayor Cox noted that Council would be dealing at this time with Certifying the EIR and adopting the findings relative to Section 12081 of CEQA and Statements of Overriding Consideration. Councilman Nader asked for a separate vote on the Statement of Overriding Considerations. Council agreed. VOTE ON CERTIFYING EIR (Cox otfered) The motion passed unanimously. VOTE ON ADOPTING THE FINDINGS RELATIVE TO SECTION 12081 OF CEQA AND STATEMENT OF OVERRIDING CONSIDERATIONS (Uox ottered) 1he motion carried with Councilman Nader voting no. Councilwoman McCandliss stated that every development should come under the General Management Program and asked staff if it was appropriate to condition the General Development Plan or the SPA Plan with the requirement that it fall under the Growth Management Plan or whether that is something that needs to be addressed at the time the Tentative map comes forward. Director Krempl responded that this could be made a condition at both levels. AGENDA - 8 - August 15, 1989 MOTION ll~6{~dliss/Nader) that Resolution B, the General Development Plan, be amended to include the requirement that this development fall within the Growth Management Plan to be adopted by the City. Councilman Malcolm questioned staff as to the legality of the motion on the floor. Does it jeopardize the City's development agreement that was entered into and are there any legal ramifications? Director Krempl noted the Development Agreement is in effect for SPA I only. The City is not under any particular commitment on development agreement issues. VOTE ON AMENDMENT TO MOTION The motion carried unanimously. RESOLUTIONS A, C, D AS PRESENTED AND AMENDED OFFERED BY MAYOR COX. (Moore/Cox) to amend condition #4 Rancho del Rey Sectional Planning Area II Plan. Councilman Nader asked for clarification on the motion. Director Krempl explained that it indicates that an agreement be reached to the satisfaction of the Housing Coordinator consistent with the General Plan Housing Element for low and moderate income housing within the Rancho del Rey Specific Plan area. VOTE ON MOTION The motion carried unanimously. VOTE ON RESOLUTIONS A, B, C, D AND ORDINANCE F, AS AMENDED. The motion carried with Councilman Nader voting no. VOTE ON MITIGATION MONITORING PROGRAM FOR RANCHO DEL REY SPA II, EIR-89-2 RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved with Councilman Malcolm out. 15. PUBLIC HEARING: ON REQUEST FOR DEFERRAL OF UNDERGROUNDING IN RANCHO DEL REY, SPA II (Director of Public Works) (Continued from meeting of August 8, 1989 RESOLUTION 15262 APPROVING DEFERRAL OF UNDERGROUNDING IN RANCHO DEL REY, SPA II This being the time and place as advertised, Mayor Cox declared the public hearing open. Deputy Director of Public Works/Operations Swanson explained that as part of the development of Rancho Del Rey SPA II, the owner (Rancho Del Rey Partnership) is required by ordinance to convert the existing overhead 69kv power lines within the property to underground as provided for in subsection 15.32.040 of the City Code, the developer has applied for a deferral of this requirement. He noted one clarification on the report; the northerly section of the line proposed to be relocated is overhead but the exhibit in the packet appeared to indicate the entire line was undergrounded, a revised exhibit was presented. AGENDA - 9 - August 15, 1989 Ed Elliott, Rancho del Ray Partnership, 2727 Hoover Avenue noted the preciseness of the staff report and noted they have been analyzing this since March; they concur with staff recommendations and he was there to answer any questions Council may have. There being no further public testimony, the public hearing was closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM. Councilwoman McCandliss expressed her desire to maximize undergrounding; not to disturb environmentally sensitive areas; saw a negotiated compromise here with developers that staff has worked out; entire area should be looked at and come up with overall underground program for entire area. VOTE ON MOTION The motion carried with Councilwoman McCandliss and Councilman Malcolm voting no. FOLLOW-UP MOTION MSUC (McCandliss/Moore) refer to staff for negotiation with the developer (the pole off H Street going up Rice Canyon). 16. PUBLIC HEARING: PROPOSED 1989-92 CO~IUNITY DEVELOPMENT PLAN AND TRANSFER OF FUNDS & PROPOSED DISCONTINUANCE OF CDBG FUNDED RESIDENTIAL REHABILITATION (Community Development Director) RESOLUTION 15263 APPROVING VARIOUS COr~4UNITY DEVELOPMENT BLOCK GRANT RELATED ACTIONS This being the time and place as advertised, the public hearing was declared open. Assistant City Manager Asmus reported that the issues involved in the public hearing are the adoption of the City's Community Development Plan which is required by the U.S. Department of Housing and Urban Development for all Community Development Block Grant entitlement grantees; transfer of remaining funds from the FY 1989-88, 1988-89 social service allocation to South Bay Community Services, to the Chula Vista Human Services and Referral Center and; issuance of the proposed discontinuance of residential rehabilitation as a CDBG funded activity. In answer to Council's concerns, Assistant City Manager Asmus responded that this will not impede the residential rehabilitation program at all. There are plenty of low and moderate income funds available, 1.3 million in Block Grant money being used, and $60,000 in that fund that would be reloaned. There being no public testimony, the public hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived, passed and approved unanimously. 17. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION REGARDING CONDITIONS IMPOSED BY DESIGN REVIEW COMMITTEE ON REQUEST TO MODIFY APPROVED FINISH MATERIAL (Director of Planning) RESOLUTION APPROVING THE REPAINTING PROGRAM FOR PROPERTY AT llB1 BROADWAY AS APPROVED BY THE DESIGN REVIEW COMMITTEE AGENDA - lO - August 15, 1989 This being the time and place as advertised, Mayor Cox declared the public hearing open. Principal Planner Lee noted that this item is an appeal from a decision of the Planning Commission to deny a change in color scheme of a recently completed commercial building located at 1181 Broadway. Mr. Lee noted that this was a procedural problem; the applicant and architect were aware of the Design Review Committee's/DRC) desire to keep the building color compatible with those in the center; applicant submitted a color board; his archi tect or engineer was requi red to sign the stamped drawing certifying they were in compliance with those approved by DRC. Mr. Lee recommended that Council approve the repainting of the building. Jerry Olsher, applicant/owner Music Mart, 1181 Broadway, Chula Vista, agreed with Mr. Lee in that it was a procedural problem; the plans specifically said that the building was to be painted white with red molium; the DRC agreed with this and approved it; in all plans stamped by the City it was OK'd; it is a hardship to him to repaint the building and requested that Council allow him to leave the building as is. David Fagelson, controller, Music Mart, 1181 Broadway, Chula Vista noted that the plans stated the building was to be painted white; it was to match the adjacent center; architect designed building next door with same motif; appears there was a problem with submission; feels they are in conformity with area in general; cost of repaint will be $4,000 There being no further public testimony the public hearing was closed. Council discussion followed noting that the DRC works hard for the City; did not see dramatic difference in color; developer pets approval from DRC; developer changes plans and is caught and they should be required to meet the approval; surprised that this became the issue it did; supports DRC recommendation but it is somewhat subjective decision; MOTION ll~TF~'61m/Nader) to modify the resolution to allow the building as it presently exists, to grant the appeal. Councilman Nader stated he drove by the building and agreed that it was slightly different; he could not see where it will cause problems; better things could be done with $4,000 of the applicant's money. Councilman Malcolm noted this is setting a dangerous precedent by accepting and hearing these matters. Council does not have the entire project or facts before them; unfair to DRC to allow these hearings; his decision will be strictly on the color; he will support the motion but noted that Council should not deal with these types of issues. Mayor Cox noted that this was the first appeal of this kind that he knew of before Council; maybe this should be denied to not set a precedent; what the DRC has done for Chula Vista is phenomenal; does not want grant of application to encourage appeal s; most comments tonight are not pertinent tonight because there are new standards now; he will support the motion reluctantly. AGENDA - ll August 15, 1989 Councilman Malcolm clarified the motion: to modify the resolution that would have different findings granting the appeal. The intent was to move forward with the item and resolve this tonight. SUBSTITUTE MOTION (McCandliss) to deny the application and refer back to the Design Review Committee for final resolution. The motion died for lack of second. SUBSTITUTE MOTION MSC (Cox/Nader) refer back to staff to prepare a resolution which will grant the appeal and provide the necessary finding. This will be on the Consent Calendar next week. The motion passed with Councilwoman McCandliss voting no. 18A. PUBLIC HEARING: PCZ-89-G: CONSIDERATION TO REZONE 4.99 ACRES AT THE INTERSECTION OF E STREET & BONITA ROAD FROM R-l-7 TO R-1-5-P - STAFFORD GARDNER (Director of Planning) ORDINANCE REZONING 4.99 ACRES AT THE INTERSECTION OF E STREET & BONITA ROAD FROM R-l-7 TO R-1-P B. PCS-89-11: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR PARK BONITA, CVT 89-11 AT INTERSECTION OF E STREET AND BONITA ROAD RESOLUTION APPROVING TENTATIVE MAP FOR PARK BONITA, CVT 89-11 C. P-89-2: CONSIDERATION OF PRECISE PLAN FOR PARK BONITA, CVT 89-11 RESOLUTION APPROVING PRECISE PLAN FOR PARK BONITA, CVT 89-11 This being the time an place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl noted there are 3 issues being addressed in the staff report: the overall density and product type which is much more consistent with the General Plan in the general neighborhood; the parking and FAR provisions being established; and the issues of sidewalk requirements (Condition 34) which is opposed by the applicants. The Planning Commission recommended this be approved; if Council recommends approval, he would suggest an additional condition, #36 , which would indicate that the CCR's with this project, that boats & RV's be prohibited in this project because of the tightness of the design and the concern over parking. Rod Bradley, BHA Planning & Engineering, 1615 Murray Canyon Road, San Diego, spoke on behalf of Don Gardner. He noted parking issues, sidewalks, groves and side-yard widths were discussed with Planning Commission. Three issues have been resolved. They agreed with condition 36 the only issue is the FAR - four lots are affected. If this condition remains, they could redesign the house and will if the condition remains. The development is a quality development; the entry has an enhanced landscape plan; quality architecture; more detail; 2 story; asked that Council be approve the subdivision as recommended and consider FAR requirement on the four lots mentioned. AGENDA - 12 - August 15, 1989 Speaking in opposition were: Peter Watry, 81 Second Avenue, representing CROSSROADS; Rosalee Mason, 38 Toyon Lane, Chula Vista; and J ackie McQuade, 339 East d Street Chula Vista. Collectively, their concerns included: an attempt by developer to squeeze 21 homes in an area too small; 2/3 of the lots are sub-standard; only 12 on-site parking spaces in the street; no community need for more people in this area; no reason that this project cannot be required to be standard R-1 development in terms of lot size; Bonita road is scenic gateway to Chula Vista, the wall will present a view of homes, squeezed together behind a large 6-foot wall; urged Council to delete two lots from this development; few remaining open space in Chula Vista; should not be rezoned before the General Plan is in place; Rosebank School is overcrowded already; potential for cracked slabs from soil that developers haul in; "P" modifier allows for deviation in building standards; vague dimensions don't tell what lots size will be, lot sizes include open space behind the wall - a misrepresentation in development plans; given no street parking; Park Bonita will exacerbate problems. There being no further public testimony, the public hearing was closed. Council discussion ensued regarding the difference in zoning; front yard setbacks; FAR of .45; overall density; trees included in the CCR's and maintained under the open space district; opportunity for developer to create small lots - difference appears minor but it will have a tremendous impact; proposed maintaining the R-l-7; put development back into some kind of balance which will be lost in going to R-l-5. RESOLUTIONS A, B, C OFFERED BY COUNCIL MALCOLM Further Council discussion followed regarding redesigning and making a better configuration; major concern in relation to off-street parking is that 21 homes have only 12 on-street parking spaces; plan is workable; requirement that intersection of Bonita Road and E Street will have to come back to Council for approval prior to development. SUBSTITUTE MOTION (Nader/McCandliss) to retain R-l-7 zone. The motion carried with Mayor Cox and Councilman Malcolm voting no. Mayor Cox clarified that this action means the item will have to go back for further design by the applicant. ORAL COMMUNICATIONS a. Victor A. Nolan, 12 Via Barberini, Chula Vista, Chula Vista Mobilehome Issues Committee addressed Council with his concerns regarding time problems with the City Council meetings. He suggested a three minute time limit on all .items not under Oral Communications or Public Hearings. PULLED ITEMS 3e. REQUEST FOR ASSISTANT TO SAVE CALPRIG PROGRAM - Jeffrey D. Francis, Consumer Program Director, CALPRIG, 2187 Ulrick St., Ste. B, San Diego 92111 Jeff Francis, CALPIRG Consumer Program, 2187 Urich Street, San Diego 92111 presented a history of the CALPRIG program. This year San Diego has voted not to fund them after the end of this month. What they are seeking is funding from other cities in county. AGENDA - 13 - August 15, 1989 MOTION TNi'd~/Cox) to appropriate $5,000 from unappropriated reserve to support CALPIRG on two conditions: that they present evidence to the City's staff that they have adequate matching funds from other ci ties to continue their program and; that they reach an agreement with our staff to provide distribution in Chula Vista at appropriate points, senior centers, recreations centers, high schools, etc. Mayor Cox noted that this was not in the evaluation process in what the City wanted to fund at budget time. The City may want to look at future funding or Community Development Block Grant Funds, if they are eligible. Councilwoman McCandliss stated that this was to premature to set aside money for this right now. There was not information given to Council as to the budget they have, staffing and what they need. SUBSTITUTE MOTION (Moore/Malcolm) that this organization compete for City dollars for a regional organization and to consider during budget process using block grant criteria, if not, block grant funds. Mayor Cox asked if the intent of the motion was to refer this to staff now to evaluate and do deal with this next year. Councilman Moore responded affirmatively. SUBSTITUTE TO SUBSTITUTE MOTION (Cox/Nader) reter to staff and Human Relations Commission and Commission on Aging to evaluate the legality of using Community Development Block Grant Funds and how this project would rank in priorities and policies in funding from those funds and the recommendations from the respective Boards and Commissions. The motion carried with Councilman Malcolm voting no. 7. RESOLUTION 15264 DIRECTING STAFF TO INCLUDE THE DESIGNATION OF THE SDG&E PROPERTY ON THE GENERAL PLAN CONCURRENT IN THE PROPOSED GENERAL PLAN AMENDMENT DEALING WITH THE GROWTH MANAGEMENT ELEMENT {City Attorney) This is direct consideration of the designation of SDG&E on the General Plan as part of the proposed General Plan Amendment on the Growth Management Element Jeffrey Parrot, Senior Attorney with SDG&E, San Diego 92112 spoke to Council noting they were in support of the proposed resolution; it will allow accomplishment of the development of a supplemental EIR to discuss environmental effects of the proposed land use change and it will allow an opportunity to have a full public hearing on the subject. It was his understanding that they would not be applying to the City for any building or construction permits and they will continue to follow any procedures necessary to dismantle the LNG tanks. They are going to file with the Energy Commission in early November a Siting Type filing (NOI) to start discussions at the Energy Commission 1 evel on the proper 1 ocati on for that project. As far as the augmentation project, nothing will be filed until early 1990. The City will not lose any ability to control this property during the interim. AGENDA - 14 - August 15, 1989 Dave Cinco, SDG&E, P.O. Box 1831, San Diego 92112 noted they had some options; there would four opportunities during the year in which the City would consider amendments to the General Plan; the next opportunity they would have to do so would mean that a plan amendment action would not be taken by Council until April of next year that time frame is too far off in the future. Three months to not consider anything to be done at the power plant is acceptable, but other safety oriented projects may be needed and they don't want to be prohibited from doing that. The two projects Mr. Parrot mentioned will not be hindered by the three month time frame. Councilman Nader questioned whether they would consider as a "quid pro quo" to commit in writing to not take action on those projects prior to October when they get this back and have a hearing. Mr. Parrott questioned what type of action he was referring to; not to make an application to the energy Commission? Councilman Nader stated his concern that at the least, the zoning and General Plan designation would be up in the air until October. He does not want SDG&E to make any type of representation to the PUC to the effect that those plans should be given any type of green light under the assumption that they are in conformance with the existing Chula Vista land use designations. Mr. Parrot noted that the City Attorney's position is that the land use designation is Visitor Serving Commmercial and while this is in a 1 egal limbo now, it would be difficult to make a presentation to anyone that the land use designation was, without question, Industrial. Councilman Nader again asked if they would be willing to waive, in writing, any argument to the contrary while this argument is pending. Mr. Parrott clarified that they saw no reason why they will not represent that the land use designation is Industrial assuming the resolution is passed and the supplemental EIR is prepared and a public hearing is held. Victor A. Nolan, 12 Via Barberini, Chula Vista, noted his concerns with SDG&E and the tactics they use. He cautioned Council as to their motives. MSCU {Cox/Moore} to adjourn to Closed Session for Potential Litigation. Council adjourned to Closed Session at 11:30 p.m. Council reconvened at 11:55 p.m. and trailed this item so SDG&E representatives could meet with staff. Council adjourned for a brief recess at 12:17 a.m. and reconvened at 12:26 a.m. Deputy City Attorney Fritsch recommend that the City Council consider adopting resolution contingent on agreement that SDG&E will not file legal challenge to existing adopted EIR or any of its related environmental documents. The City to agree to prepare an adequate CEQA document with applicable environmental review related to the land use designation related to the SDG&E property. This would be a Condition of approval in the resolution. In addition, there is an agreement that SDG&E will not represent to any Court or commission the current land use designation is anything but Visitor Commercial. AGENDA - 15 - August 15, 1989 MSUC (Cox/Nader) to include as part of the resolution. MAYOR COX OFFERED THE RESOLUTION AS AMENDED, the reading of the waived, passed and approved with Councilman Malcolm voting no. 12. REPORT THREE-WAY STOP SIGNS ON ELMHURST STREET AT AUBURN, VASSAR AND XAVIER AVENUE (Director of Public Works) At the May 9, 1989, Ms. Lori Hall requested that all-way stops be installed on Elmhurst Street at its intersections with: Auburn Avenue, Vassar Avenue and Xavier Avenue. It is staff's recommendation to install the all-way stops. MSUC (McCandliss/Malcolm) for staff recommendation. 13. REPORT CONSIDERATION OF COUNTY AND SOUTHERN CALIFORNIA HAZARDOUS WASTE MANAGEMENT PLANS IDirector of Planning) RESOLUTION ~-/ CERTIFYING FINAL EIR RESOLUTION I~O~ADOPTING THE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND THE SOUTHERN CALIFORNIA HWMP RESOLUTION/~:~y ADOPTING THE MITIGATION MONITORING PLAN The County Advisory Committee has been working with County Heal th Department and SANDAG staff on the County HWMP since mid-1987. At its last meeting, on April 28, the committee finished deliberations and recommended County and City adoption of the plan. The plan was accepted by the Board of Supervisors on May 23. Councilman Moore asked if the City should have its own plan slightly modified rather than have the County plan as recommended by the League's letter. Assistant City Manager Asmus noted that the County is suggesting we use that criteria but change to adapt more specifically to our City. We have 180 days after the state approves the final plan to use the criteria to evaluate. Councilman Nader questioned why prisons had extra protection at the expense of the "innocent" citizens. Mr. David Murk, County of San Diego noted that the provision was there because of a siting criteria stating that captive populations would be afforded certain protection because of the evacuation and time element involved. The theory is that people in residential areas could evacuate easier in the event of a release. There are two ways to negotiate this criteria: if the City could show that the captive population is not at risk, it could be mitigated; secondly, once the plan comes back to the City, the City can take action to supplement the County plan to meet its needs. RESOLUTIONS OFFERED BY COUNCILMAN MALCOLM. AMENDMENT TO RESOLUTION (Nader) to ask the county to amend the plan as quickly as possible to provide that a plant need be located no further away from a prison than from a residential area. AGENDA - 16 - August 15, 1989 The motion died for lack of second. VOTE ON RESOLUTIONS The motion carried with Councilman Nader voting no. FOLLOW-UP MOTION MSUC (Nader/Malcolm) send a letter to the County strongly asking them at the earliest possible opportunity to amend the plan to provide that a hazardous waste facility can be located as close to a prison as to a residential area. CITY MANAGER'S REPORT None. MAYOR'S REPORT a. Authorization for travel to participate in League of California Cities Action for the 90's Task Force MSUC (Malcolm/McCandliss) to provide air fare and expenses. b. Mayor Cox noted the use of prisoners from Otay Mesa to clean up the Nature Interpretive Center. He noted discussions with personnel at Otay Mesa regarding a continuing detail of crews to work in the City. The cost would be about $40,O00/year. MSUC (Cox/Nader) staff to evaluate whether there would be some benefits to Chula Vista to work with Otay Mesa Prison in developing a prison labor program in comparison with other programs we have with County Probation and report back. c. Mayor Cox noted the Port District did fund a new exhibit for the NIC, about $42,000 for a "Moon Tides in San Diego Bay." d. Mayor Cox noted a Council tour on September 9 and suggested looking a the EastLake II project, the high school site and the community park site. e. Mayor Cox distributed background information on the Nautical Activity Center. COUNCIL CO~4ENTS a. Councilman Nader noted a letter from Councilman Jim Bell, an expert throughout Southern California in developing more efficient energy and water methods of building and development. Mr. Bell has offered to put on a workshop for the City on advancing technologies in this area. MSUC {Nader/McCandliss) to direct the City Manager to schedule a presentation by Mr. Bell at a Council Conference and invite the members of the Chula Vista 2000 Task forces. b. RESOLUTION 15268 Mandating life sentences for individuals convicted of drug dealing AGENDA - 17 - August 15, 1989 The resolution on sentencing for drug dealers is recommended to the City Council for submittal at the Annual League of Cities Conference in October 1989. The purpose of the resolution is to make State legislators aware of the increasingly serious problems caused by drug abuse and drug sales and to encourage the legislature to increase the penalties related to the "for profit" sale of drugs by imposing a life sentence for this activity. RESOLUTION OFFERED BY COUNCILMAN NADER, the reading of the text was waived, passed and approved unanimously. c. Councilman Malcolm asked that staff docket on the relocation Mobilehome Park issue that mobilehome owners be noticed when the public hearing Comes up. d. Councilman Moore reminded Council that the Water Task Force will meet August 28, not August 21 in conference rooms 2 and 3. e. Councilman Moore stated his concern on dual piping for reclaimed water ~3~7 7 systems. MSUC (Moore/Malcolm) staff to prepare a policy on the pros and cons to come before the Council within a short time frame with options on how to fund that. f. MSUC (Moore/Nader) staff to put up CIP display in lieu of traffic /~ display on wall in Chamber. ADJOURNMENT AT 12:42 a.m. to the Special Joint Closed Session of the Redevelopment Agency and Council to discuss Potential Acquisition of Property and to the regular meeting of August 22, 1989 at 7:00 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC, CITY CLERK By: Alila~K~mp,~Actlng Dep/~_~4~AU~y