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HomeMy WebLinkAboutcc min 1989/08/22 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA The City Council and Redevelopment Agency met in Closed Session at 6:00 p.m. to discuss: potential acquisition of property of the following: 4555 Otay Valley Road (Shell Oil Co., owner); 4501 Otay Valley Road (Roderick & Patricia Davies, owners); Parcel 624-060-27 on Otay Valley Road (Vincent & Margaret Davies, owners); Parcel 624-060-09 on Otay Valley Road (Vincent & Margaret Davies, owners); 4705 Otay Valley Road (Jimmie & Judi Shinohara, owners); Parcel 644-040-40 (Walker Scott Properties/South Bay, owner); Parcel 624-040-45 (Atomic Investments, Inc., Leonard Teyssier, owner); East H Street Paseo Del Rey and Tierra Del Rey (Rancho Oel Rey Partnership, owner); 275 F Street (Kushnir Yaroslav, Inc., owner); 315 Fourth Avenue IDick Zogob, owner); and potential Sale of Land - 435 Third Avenue - owner, Chula Vista Redevelopment Agency; personnel matters; litigation: County of San Diego v. Rabin; SDG&E v. City of Chula Vista; proposed property acquisition (lease interest: Health Department - 236 Fig Avenue, City of San Diego, lessee). Tuesday, August 22, 1989 Council Chamber 7:10 p.m. Public Services Building ROLL CALL PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm, Moore ABSENT: None ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES for the regular meeting of August 8, 1989. MSUC (Moore/Cox) to approve the minutes of August 8, 1989. 2. SPECIAL ORDERS OF THE DAY Mayor Cox noted that the City and Laidlaw Waste Systems will start a pilot recycling program within the in two weeks. Those living in the pilot area will be given special recycling boxes to be set up at curbs for pickup. Mayor Cox noted the number of things done to shorten meetings. Oral communications will be at 8:00 or 8:30 p.m. or prior to that if public hearings are done by then. a. Jose Viesca introduced Joel Kottichek, a "host brother", who presented the Exchange students from Japan to Council. b. Director of Building and Housing Ken Larsen, Chairman for this year's United Way drive introduced Bob Knause, United Way and James Nolley, Rohr Industries who received the proclamation announcing the City's participation and support for the 1989 United Way/CHAD Campaign. Minutes - 2 - August 22, 1989 c. RESOLUTION 15280 IN SUPPORT OF THE CHULA VISTA YACHT CLUB'S CHALLENGE FOR THE LITTLE AMERICA'S CUP Mayor Cox noted that Port Commissioner Pennet was in the audience tonight. Commissioner Penner noted two items: the Port Commission allocated $50,000 from it budget this year to be added to funds developed by the City of Chula Vista in order to help develop the sailing regattas south of the San Diego Bay in anticipation for the International Catamaran Challenge in Australia. Secondly, the possible development of a Nautical Activity Center came up at the Port meeting today. The resolution was passed 6-1 for a feasibility study to develop the Nautical Activity Center. RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved unanimously. Mayor Cox presented Counselor Godfrey Horn, the City Manager from England. He expressed his delight in touring the City and thanked Council for receiving him this evening. CONSENT CALENDAR Items pulled: lO, 14 and 15. MAYOR COX OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of the texts was waived by unanimous consent, passed and approved with Councilman Nader voting no on Item 16. Mayor Cox noted that Item 7, an ordinance dealing with a moratorium on land use approvals of SDG&E property on L Street, has been modified. It is the intent of Council to modify the ordinance to allow demolition permits to get rid of the existing LNG tanks, whatever permits are needed to be allowed to remove the ponds and emergency work could be approved by staff with a report back to Council. This is to be included as part of the ordinance. 3. WRITTEN COMMUNICATIONS a. Consider supporting the request to expand the number of re resentatives on the Commuter Rail Policy Committee to include alp cities - City of Solana Beach, Jack Moore, Mayor. Council will consider supporting the concept that the Policy Committee's presentation be expanded to include all cities that are impacted by the proposed rail system. b. Receive and File a letter from Jennings, Engstrand & Henrikson regarding Cable Television Issues. The letter was received and filed. c. Denial of Application for Permission to Present Late C1 aim by Thomas P. Dougherty, claimant. The request to present a late claim was denied. 4. RESOLUTION 15269 APPROVING AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO RELATING TO THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE TALLSHIP CALIFORNIAN (Deputy City Manager) Minutes - 3 - August 22, 1989 Request was approved for contract amendment to accept $7,000 from the County of San Diego, 5. RESOLUTION 15270 UPHOLDING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A CHANGE IN COLOR SCHEME AT 1181 BROADWAY (Assistant City Manager) Resolution upholding the appeal of the property owner and allowing the existing paint to remain. 6. RESOLUTION APPROVING THE EASTLAKE GREENS ANNEXATION (Director of Planning) (Duplicate title, also listed as item 16.) 7a. RESOLUTION 15272 DIRECTING STAFF TO SCHEDULE THE DESIGNATION OF SAN DIEGO GAS & ELECTRIC'S PROPERTY AFTER APPROPRIATE ENVIRONMENT REVIEW AND A PUBLIC HEARING AS PART OF THE GENERAL PLAN AMENDMENT PROPOSED FOR OCTOBER b. INTERIM ORDINANCE 2324 DECLARING A MORATORIUM ON ALL LAND USE APPROVALS ON THE SAN DIEGO GAS & ELECTRIC PROPERTY IN THE VICINITY OF "L" STREET A Resolution directing staff as it relates to the SDG&E property. The interim ordinance would declare a moratorium on all land use approvals on SDG&E's property pending the above-mentioned environmental review and public hearing. 8a. RESOLUTION 15273 INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA (Deputy City Manager/Director of Finance) b. ORDINANCE 2325 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM Purpose of the amendment to the PERS contract is to provide the improved benefits in accordance with the MOU entered into in 1987 with the International Association of Firefighters. 9. ORDINANCE 2323 ADOPTING PC DISTRICT REGULATIONS - SECOND READING & ADOPTION (Director of Planning) 10. ORDINANCE -~;~ REPEALING SECTIONS 17.08.020 THROUGH 17.08.430 AND 17.08.520 THROUGH 17.08.540; ESTABLISHING A NEW CHAPTER 17.07: RENUMBERING SECTION 17.08.010 AND SECTIONS 17.08.440 THROUGH 17.08.510; RETITLING CHAPTER 17.08; AND ADDING SECTIONS 17.07.020 AND 17.07.030 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO OPEN SPACE DISTRICTS (Director of Public Works) Pulled from Consent Calendar. Minutes - 4 - August 22, 1989 lla. INTERIM ~CE 2326 FOR THE ENACTMENT OF AN INTERIM ORDINANCE FOR THE REGULATION OF THE PROCESSING OF LAND USE PROPOSALS WHERE ZONING HAS BEEN MADE INCONSISTENT WITH THE GENERAL PLAN AS A RESULT OF THE RECENT GENERAL PLAN AMENDMENT (City Attorney) b. ORDINANCE 2327 AMENDING CHAPTERS 19.06 AND 19.07 OF THE CHULA VISTA MUNICIPAL CODE REGARDING IMPLEMENTATION OF THE GENERAL PLAN AND SPECIFIC PLANS - FIRST READING Action to resolve inconsistencies between the General Plan and the existing zoning. The interim ordinance is for ninety days. 12. REPORT BONITA OPTIMIST CLUB REQUEST TO CONDUCT A HALF MARATHON AND FAMILY FUN RUN (Director of Parks & Recreation) The requested activity will be held on September 24, 1989. Recommendation to approve with some conditions. 13. REPORT ON SOLE SOURCE PROCUREMENT OF THREE ORION BUSES MANUFACTURED BY BUS INDUSTRIES OF AMERICA, INC. (Director of Public Works) It was recommended that Council recommend to SCOOT Board to enter into a contract with Bus Industries of America for the purchase of the buses. 14. REPORT FIRST ANNUAL GROWTH MANAGEMENT REVIEW FOR THE CITY OF CHULA VISTA (Director of Planning) a. RESOLUTION '~s's EXPRESSING A STATEMENT OF CONCERN REGARDING SCHOOLS FOR THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT b RESOLUTION i/ EXPRESSING A STATEMENT OF CONCERN REGARDING SCHOOLS FOR THE SWEETWATER UNION HIGH SCHOOL DISTRICT c. RESOLUTION .!:':::,~ EXPRESSING A STATEMENT OF CONCERN REGARDING WATER FOR THE OTAY WATER DISTRICT Pulled from Consent Calendar. 15. REPORT WAIVER OF PUBLIC DEVELOPMENT IMPACT FEE (Budget Officer) Pulled from Consent Calendar. 16. RESOLUTION 15274 APPROVING THE PROPOSED "EASTLAKE GREENS ANNEXATION" Consideration of the annexation of approximately 585.71 acres located generally south of Otay Lakes Road and the existing City limits, west of Lower Otay Reservoir, known as the "EastLake Greens Annexation". ***END OF CONSENT CALENDAR*** Minutes - 5 - August 22, 1989 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 17. PUBLIC HEARING PCZ-Bg-D: CONSIDEPd~TION TO REZONE 2.09 ACRES LOCATED DN IHE W~SF SIDE Oh DIAY LAKES ROAD BEIWEEN BDNI1A ROAD AND ALLEN SCHOOL LANE FROM R-3-P-8 TO C-O-P - BOB CRANE AND JEFF PHAIR (Director of Planning) ORDINANCE 2328 REZONING 2.09 ACRES FROM R-3-P-8 TO C-O~P FIRST READING (Director of Planning) This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl noted that this is a request to fezone 2.09 acres located on west side of Otay Lakes from R-3~P-8 (mu1 tiple-family residential/precise plan/8 dwelling units per acre) to C-O-P (commercial office/precise plan). It was staff's recommendation to approve the fezone. Jeff Phair, 145 Willow Street, Bonita, Phair/Crane Partnership, noted his support of staff recommendation. There being no further public testimony, the public hearing was closed. Councilman Nader questioned concern over letters received from property owners regarding the potential for the back-up of water on their property and asked if staff had looked into this. Mr. Phair responded that he had met with owners of the properties and has worked with the City and they believe there will be no problem. The engineering they have for the project will prevent future changes. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived, passed and approved unanimously. 18. PUBLIC HEARING CONSIDERATION OF A FIRE STATION MASTER PLAN (Deputy City Manager) RESOLUTION 15275 ADOPTING FIRE STATION MASTER PLAN Principal Management Assistant Chase noted that the Fire Station Master Plan details the number and location of fire stations required to meet the City's long-term fire protection needs. The report, prepared by the City's Policy Analysis and Program Evaluation Unit (PAPE), was developed as part of the General Plan Update. In conjunction with the General Plan Update, staff has developed a Fire Station Master Plan to ensure the City maintains adequate fire coverage. The City is currently served by six fire stations; this plan would expand the network from six to eight stations; the changes would include one additional station in Chula Vista and one at Otay Ranch. Fire Station #4 would be closed; one would be opened in the Rancho Del Rey Development and the other in the South Creek Development; Fire Station #3 would be relocated to the Sunbow Development. The Master Plan also includes a set of project guidelines to insure the City's fire service threshold is maintained; guidelines are much more stringent; changes in fire system will cost approximately $2.3 million; most costs will be supplemented by DIF; additional Chula Vista Station will increase operating expenses by several hundred thousand dollars. Minutes - 6 - August 22, 1989 Ken Baumgartner, 2727 Hoover Avenue, National City spoke regarding location of Fire Station #6 in the Rancho del Rey Project at H Street and Paseo Ranchero; they are in agreement with this location, it is on their SPA Plan for a potential library and fire facility site; regarding the Training Tower Facility, a 40' concrete tower - he felt that this is the main entry to the project and from an aesthetic point of view this needs to addressed in a comprehensive site plan; he is here to offer help in siting of that facility. Don Schofield, 11502 Calle Simpson, Chula Vista, representing Chula Vista Firefighters congratulated staff for the study and noted two concerns: he questioned the time limits and asked that in the future they be re-evaluated and asked that a time study for the truck company response be done - this had been disregarded; he would like to see something feasible done like another truck company or a relocation; as to the medical response time, 7 and 10 minute times are on the long side and those times should be reconsidered and re-evaluated. Charles Gill, representing Buie Corporation, 600 B Street, Suite 1100, San Diego, noted his concerns with Bonita Meadows property. Specifically, the Master Plan implies that there is a need to construct or move a freeway interchange currently proposed in the Circulation Element of the General Plan (San Miguel SR 125) in order to comply with time requirements; no objection to time requirements but there are several alternatives to meet these time requirements; at this point it is too early to take a position on moving freeway interchange; if this recommendation suggests to move that freeway interchange, Buie Corporation doesn't feel an adequate environmental review was done; hopes Council will recognize there are various alternatives to comply with the threshold requirements and requirements of the Master Plan; Buie Corporation intends to fully comply with those. In answer to Council's questions staff noted that there are a number of issues regarding fire coverage at Bonita Meadows that have to be identified most importantly picking a site and what the internal road map would look like. The intent of the report was to identify that and until they can make an assessment, it is a potential problem; hopefully within the next 60 days there will be some clarifying information. Victor A Nolan, 12 Via Barberini, Chula Vista noted issues that were overlooked: every rescue mission sends a pumper out, the pumper could be used elsewhere; suggested they put a rescue vehicle in fire stations that are now being planned along with a pumper. Councilman Moore questioned concerns of those who spoke; if sites were large enough at fire stations to park other city vehicles overnight; if there is a need for an additional police officer will space be appropriate to not interfere with firefighters. Mr. Chase responded that in terms of a joint use facility with the Police Department, the site that would make sense would be the Rancho del Rey site; this is more centrally located, has a training facility and classroom and this could serve for police services as well, i.e., video roll call and training. Councilman Nader asked about response times and if any consideration was given to this. Mr. Chase responded that they found service area for Fire Station #2 would be expanded and still be within 5 minutes response time, the relocation would improve covering the residential areas east of 805 and some areas in Montgomery. Minutes - 7 - August 22, 1989 Councilman Nader also questioned the firefighters' desire to go to four person engine companies and asked if this had been addressed in the Master Plan, Mr. Chase noted that it had been raised but this begins to get into operational issues which they try to stay away from. In answer to Councilman Malcolm's question, Battalion Chief Lopez noted that this plan will be updated; this is the first study done in 22 years, they will be working on it. RESOLUTION OFFERED BY COUNCILMAN MALCOLM. AMENDMENT TO RESOLUTION iNader/McCand~lss) to adopt the report conditional on the following information being brought back: a more specific proposal for funding the on-going staffing necessitated by construction of the fire stations proposed in the Master Plan, secondly, analysis of desirability to add second ladder truck and further information on how to bring Bonita Meadows into response time as contemplated for the rest of the City under the Master Plan, and some information for the proposal of phasing in four person companies. Councilman Malcolm noted that a follow up motion to bring back a report on the staffing would be more appropriate at this time. Councilman Moore agreed with this noting he would rather have an adoption of the report with a follow-up motion for staff to provide potential action and a timeline to follow up on Councilman Nader's four items. Mayor Cox also expressed his concerns and noted he would vote against the motion. VOTE ON AMENDMENT The motion failed with Mayor Cox and Councilmembers Malcolm and Moore voting no. VOTE ON RESOLUTION The motion passed with Councilman Nader voting no. FOLLOW-UP MOTION INader/McCandliss) staff to come back with a report that would outline proposed funding for the staffing of the fire station contemplated in the Master Plan, proposal for phasing in a four person engine companies that would address the desirability of adding a second ladder truck and would address the Bonita Meadows situation. Mayor Cox asked Councilman Nader if he would bifurcate the second item from the first two Ithe four person engine company). Councilman Nader agreed. FOLLOW-UP MOTION RE-STATED ~unding for starting tor the fire station, adding a second ladder truck and addressing the Bonita Meadows situation. Mayor Cox noted that to be consistent, they would be voting at this time on two items: the Bonita Meadows issue and the staffing. VOTE ON FOLLOW-UP MOTION ~e motion carried unanimously. VOTE ON PROPOSAL FOR FOUR PERSON ENGINE COMPANIES AND SECOND LADDER TRUCK The motion carried with Councilman Malcolm voting no. Minutes - 8 - August 22, 1989 Council discussion followed regarding how to fund this; additional staffing at fire stations; budgeting expensive overtime to bring staffing level up at stations where it is necessary; ultimately more cost effective to man stations than to budget overtime; personal safety of community; if looking at funding level this should be directed to City Manager for review; if concerned about safety, Council should give this to the City Manager for a full report; scope of motion could f man be expanded to include analysis o the four company. SUBSTITUTE MOTION MSUC ICox/Malcolm) refer to staff to evaluate and come back at budget time regarding the costs associated with implementing a four man company. 19. PUBLIC HEARING PCZ-89-E: CONSIDERATION TO REZONE 7.72 ACRES BOUNDED t~ BY BROADWAY, FLOWE~ SI~EET, JEFFERSON AVENUE, AND E SIREEl, PROM C-T TO C-C-P - APPEL DEVELOPMENT CUMPANY/CIIY OP CHULA VISTA (DireCtor of Planning) ORDINANCE 2329 REZONING 7.72 ACRES FROM C-T TO C-C-P - FIRST READING This being the time and place as advertised, Mayor Cox declared the public hearing open. Director of Planning Krempl presented his report and a brief history of the property. The request before Council is consistent with re-design. If the zoning is successful it will require a Conditional Use Permit as far as mixed use and Precise Plan is concerned. The Chula Vista Elementary School District has requested the developer to provide additional mitigation for school facilities, the developer has concurred. The mitigation consists of $85,000 towards the purchase or construction of a relocatable classroom. The School District has a policy now that all children within the attendance boundary of a school will attend that school and not be bussed. Councilwoman McCandliss questioned how, in light of the fact that the traffic study for western side of City is not completed, the City can anticipate the impact of this development on the streets compared to the thresholds for the western side of the City. It was staff's opinion that this proposal will generate an equal or less amount of traffic than what can be realized under development of the property strictly as Thoroughfare Commercial and secondly, the Traffic Engineering Department says Broadway is at level B, there are no actual counts on side streets but they would operate at level C or better. Tony Ambrose, Planner for HCH Partners, representing Appel Development, 4877 Viewridge, Avenue, San Diego 92123 noted that they concur with staff's recommendation and Planning Commission on the rezone; staff expanded the original proposal from 4 acres to include the 7.7 acres; Appel Development checked with all neighbors about the request, they were favorable; P modifier is appropriate, it ensures the City will have design control and it is compatible with the land uses; project could encourage re-vitalization of the area. There being no further public testimony, Mayor Cox declared the public hearing closed. Minutes - 9 - August 22, 1989 FIRST READING OF THE ORDINANCE OFFERED BY COUNCILMAN MOORE, the reading of the text waived, passed and approved with Councilman Malcolm voting no. 20. PUBLIC HEARING PCS-89-6: CONSIDERATION OF DEVELOPMENT AGREEMENT FOR WOODCREST TERRA NOVA (TERRA NOVA ASSOCIATES) (Director ot Planning) ORDINANCE 2330 APPROVING THE DEVELOPMENT AGREEMENT FOR WOODCREST TERRA NOVA (TERRA NOVA ASSOCIATES) Councilman Malcolm noted that he lives within 300 feet of this area and would be abstaining from voting on this item. This being the time and place as advertised, Mayor Cox declared the public hearing open, Director of Planning Krempl noted an error in the staff report; under item six, the expenditure cost is listed as $961,000, the correct amount should read $850,000. Mr. Krempl reported that this is a 24.47 acre parcel located on the north side of Hidden Vista Drive and Ridgeback Road, northerly of Beacon Place and Woodhouse Avenue, The project is designated for residential development for 86 single family lots which adjoins the Terra Nova Park site. A condition of approval was that City would enter into a development agreement to address park timing, development of facilities, and park fees. Mayor Cox questioned a letter from the High School District requesting a condition that the project be annexed into the existing Community Facilities District #5 and asked if that was a condition of the development agreement or tentative map. He asked for verification from the applicant. Karl Zobell, representing Woodcrest, Terra Nova, 1200 Prospect, La Jolla, noted that he and Mr. Ron Van Daele were both here in support of staff's recommendation. He verified that this was a condition of the tentative map approved last week. He clarified that they agreed to inclusion in the Mello-Roos District for both the High School and Elementary School Districts. Mayor Cox asked staff to verify this on the development agreement. Mr. Van Daele noted that they were willing to make this a condition of the map if that was agreeable to the City Attorney. City Attorney noted that this could be done orally tonight and an amended agreement could be done administratively. There being no further public testimony, Mayor Cox declared the public hearing closed. MOTION ~ader/McCandliss) to amend the development agreement to include inclusion of the project in Community Facilities District #5 for the high school and elementary district as well (Councilman Malcolm abstained). ORDINANCE, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved with Councilman Malcolm abstaining. 21. PUBLIC HEARING DRC-89-42: REQUEST TO CONSTRUCT THREE SINGLE FAMILY DWELLINGS IN tHE HILLSiD~ MODIFYING DISIRIC1 A1 THE NUKIHN~ST UUADKANI U~ EASI d 51K~I AND I~L /-~Ub FREEWAY - CHULA VISTA 3 VENTURE (Director of Planning) RESOLUTION 15276 APPROVING DRC-89-42 /~/ Minutes - lO - August 22, 1989 This being the time and place as advertised, Mayor Cox declared the public hearing open. Mayor Cox noted he has a home that may be within 300 feet of the project but he has been advised by the City Attorney that he has no conflict of interest based upon the criteria established by the FPPC. Director of Planning Krempl noted that this proposal is to construct three single-family dwellings on 0.62 acres at the northwest quadrant of East "J" Street and the 1-805 Freeway in the R-1-H-P zone. The Hillside Modifying District (H) requires Co~ission and Council review of all development ~roposals. He noted the applicant has lowered the roof elevation from eight eet to four feet for the westerly unit and from three feet to 2-1/2 feet for the easterly unit. They feel that reduction is significant and protects the view for the adjacent residents. In the canyon area, the maximum number of units permitted is five lots and only 10% of that area can be graded. Five of those acres are left natural open space, including one acre on the north portion of the three lots. The project still requires Design Review consideration. George Cunradi, 2251 Tyler Court, Spring Valley 92077 and Rod McPherson, Stratos Development Corporation, 10680 Porto Court, San Diego, 92124, both spoke in favor of the project. They requested they be allowed to build as soon as possible; rains are coming and they need 28 days from time walls are built until they can be backfilled; explained what had been done to lower roofs; noted studies had been done to lower them down to street level; does not want to 9o back to the Planning Commission on this; asked support of the project. Fred H. Wetmore, 344 East J Street, Chula Vista noted his concerns with the view and landscape; Planning Commission on two different occasions rejected these proposals; noted south side of J and 805 on same kind of terrain; one house has fallen; not in opposition of houses; here to discourage developer in breaking the law. There being no further public testimony, Mayor Cox declared the public hearing closed. Councilwoman McCandliss noted her concerns regarding the view impact on 805 and H Street. The development has been softened and buffered by trees planted. Asked if staff had given any consideration to landscape the lower slope to soften the impact. Director Krempl responded that this is still subject to the Design Review Committee approval and this could be directed to them for their consideration. MOTION ~dliss/Nader) that direction be placed as it goes to Design Review Committee that special consideration and attention be given to the buffering of the homes along that slope from view off 805. Mayor Cox stated that this was a condition as written in the resolution. Councilwoman r~cCandliss responded that there needs to be language inserted as to the landscape. Director Krempl agreed that the condition as written spoke more to the architecture and inserting the additional language would make it clearer. Minutes - ll - August 22, 1989 Councilman Malcolm noted his concerns regarding the intent of the motion. He noted that depending on what is pl anted, the habitat area could be destroyed and there needed to be a balance. He asked that staff inform him when the area was to be landscaped. VOTE ON AMENDMENT The motion passed unanimously. RESOLUTION, AS AMENDED, OFFERED BY MAYOR COX. Councilman Nader noted his concerns about the unit staff said could not be lowered to an insignificant level of view obstruction and the fact that the Planing Commission voted to reject this proposal and now Council is overturning that ruling. He would like to delete that unit or send it back to the Planning Commission for reconsideration. AMENDMENT (Nader) that approval of the project would encompass the entire area under the R-1HP zone and that the balance would be designated as open space. The motion died for lack of second. VOTE ON MOTION )he motl on passed with Councilmembers Nader and McCandliss voting no. OTNER BUSINESS 22. ORAL COMMUNICATIONS a. Victor A. Nolan, 12 Via Barbarini, Chula Vista commended Council on conducting their business meetings. b. Paul Green, 141 Lotus, Chula Vista suggested a temporary fire/rescue training facility be located in old Woodlawn Park Fire Station so all park residents will be proficient at CPR. He asked Council to give full consideration of this request. PULLED ITEMS lO. ORDINANCE 2331 REPEALING SECTIONS 17.08.020 THROUGH 17.08.430 AND 17.08.520 THROUGH 17.08.540; ESTABLISHING A NEW CHAPTER 17.07: RENUMBERING SECTION 17.08.010 AND SECTIONS 17.08.440 THROUGH 17.08.510; RETITLING CHAPTER 17.08; AND ADDING SECTIONS 17.07.020 AND 17.07.030 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO OPEN SPACE DISTRICTS (Director of Public Works) The proposed ordinance would allow the City to establish an open space district, maintain drainage facilities within the district, and levy annual assessment in the same manner as the State Lighting and Landscaping Act of 1972. Minutes - 12 - August 22, 1989 Councilwoman McCandliss noted her concern with 9oin9 to a natural based drainage channel instead of a concrete drainage. This is more expensive to maintain; although it is more efficient to maintain the natural drainage area through the open space district, this is providing an infrastructure that is cheaper to the developer but turns it back to homeowners; she would like to see some contribution established by the developer into the open space as part of the reserve to keep the cost down. MOTION ~/McCandliss) refer to staff to come back next week at second reading with a proposal on how to implement policy objective as outlined by Councilwoman McCandliss. The motion carried unanimously. ORDINANCE, AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved unanimously. 14. REPORT FIRST ANNUAL GROWTH MANAGEMENT REVIEW FOR THE CITY OF CHULA VISTA {Director of Planning) a. RESOLUTION 15277 EXPRESSING A STATEMENT OF CONCERN REGARDING SCHOOLS FOR THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT b. RESOLUTION 15278 EXPRESSING A STATEMENT OF CONCERN REGARDING SCHOOLS FOR THE SWEETWATER UNION HIGH SCHOOL DISTRICT c. RESOLUTION 15279 EXPRESSING A STATEMENT OF CONCERN REGARDING WATER FOR THE OTAY WATER DISTRICT Recently the City Council appointed a nine member Growth Management Oversight Committee. The recommendation was to approve the Resolutions and accept the Report. Will Hyde, 803 Vista Way, Vice-Chair, Growth Management Oversight Committee, noted he was willing to answer any questions Council may have regarding the report submitted. Councilwoman McCandliss noted the Committee's concern that Sweetwater was busing people in from outside of Chula Vista to schools that are supported by Mello-Roos and school fees within the City. She questioned attendance boundaries and the process that went into changing the Police Standards. Mr. Hyde noted that school policies at this time, in regard to attendance districts have had an adverse impact on the City and noted that these districts need to be drawn in a way that reduces the impact on the schools within the City. As to the Police Standards, the Committee started out with the supposition that the level of standards was satisfactory; the Police Department came up with a new level of standards adopted by Council; the Police Department is continuing to refine these standards; after GMOC began meeting, the Police Department came back with new figures; those standards that are reflected are what the Police Department says are the standards at this time; they feel those standards are at a satisfactory level for the community at this time and should be used from this point on. Minutes - 13 - August 22, 1989 In response to Council's concerns, Mr. Hyde noted Council should call a meeting with the school district, Senate and Assembly members on the matter of education; this problem will not go away until local authorities are given tools to work with; Mello-Roos helps but it is not enough; cannot build schools until we have students to fill them so we put portables out; unfortunately, both districts have so many portables they are far in excess of what would be a justifiable need for new buildings; we need help from legislative level. RESOLUTIONS OFFERED BY MAYOR COX. Mr. Hyde requested that Cal American Water Company be added to the water district matters. Mayor Cox agreed to add that to the resolution. Mr. Hyde also cautioned Council as to problem areas in traffic studies that were not in, and the economic analysis that would be coming in. Council will see in the future, with the development that is coming on-line, some problems like the school districts have; this is where the growth management process will be valuable to Council. AMENDMENT TO RESOLUTION IMa~co~m/Nader) that to Resolutions 7, 8 and 9 there be added that it be Council's intentions that fees collected in Chula Vista be spent in Chula Vista. Number 8 will be that Chula Vista schools not to be negatively impacted due to busing and Number 9 that the school district to provide an accounting of all their funds raised in Chula Vista. This is in reference to the Sweetwater Union High School District only. In answer to Councilman Moore's concerns, Councilman Malcolm noted that Council's obligation is to make sure the children of Chula Vista are properly educated; the School District must account for the City's funds before we can get anywhere. Councilman Moore responded that there is a better, cooperative way to get this body to work other than making an official motion. Councilwoman McCandliss noted that members of the School Board have always told Council they are collecting fees from outside; the intent of this addition is simply to say "show us." VOTE ON MOTION Ihe motion passed with Councilman Moore voting no. Councilman Nader asked for clarification on the motion on the floor. Mayor Cox stated that, at this point, it was the three resolutions, 14 a, b, and c. VOTE ON RESOLUTION AS AMENDED ~he motion passed unanimously. Councilman Nader asked Mr. Hyde if the City was going to sink below the thresholds, maybe three years down the line and if the mechanisms were already in place to prevent development that is already there from bringing us below the thresholds of standards. Minutes - 14 ~ August 22, 1989 Mr. Hyde responded that the thresholds, if honored, will prevent this; the traffic analysis will tell more about the situation as it is now and the projections it provides will tell Council what infrastructure needs to be in place as development occurs. Councilman Nader also asked if the statement of concern would solve the school problem. In response, Mr. Hyde noted the measures that would need to be taken would be from State legislation that would ensure the jurisdictions outside of school boundaries should have the same financing obligations so that ChUla Vista would not be providing school facilities for people outside of the district. The only way to do this is for the State to set up a mechanism. It was recommended in the proposed resolutions that this assistance at the State level be sought. Regarding the inclusion of a cost component in the thresholds, i.e. water availability, this has not been incorporated. Director of Planning Krempl noted information on the water issue has been provided regarding increases that have taken place MOTION TC'6'~'/Moore) move on balance of staff recommendation with the exception of Police thresholds. MOTION l~6'~'/Malcolm) on the balance of the recommendation which would be a new Police threshold standard. The motion carried with Councilmembers McCandliss and Nader voting no. MOTION ~/Nader) City Manager to prepare a memo listing all the actions, items recommended under each specific resolution and the intents and timelines for submission to Council for review. The motion carried unanimously.. MOTION ~/McCandliss) to direct staff to set up separate meetings with Otay Water, Sweetwater Authority, the Elementary School District and Sweetwater High School district specifically to discuss this report. The motion carried unanimously. Councilman Nader questioned the referral some time ago to the Committee regarding adding a cost component, specifically water. His concern was that the supply might be there but at a steep cost to residents; he wanted that built into the thr6shold and the Committee's report. This was not communicated to the Committee and he asked that in the next report there be some guidance in that area. Councilwoman McCandliss expressed her concern that the report came through with the number of building permits anticipated. She would like to see more comparison units authorized compared to the numbers of permits pulled. Her concerns are that a number of projects out there will pull permits and the City will not have control of the pacing or timing of our growth. Minutes - 15 - August ~2, 1989 MOTION ~dliss/Nader) that an analysis come back at the time of the Growth Management Element looking at the number of units authorized and the number of units constructed going back ten years to get some view as to whether there is any comparison here. The motion carried unanimously. Councilman Malcolm stated, for the record, that he does not see this as a relaxing of Police standards and did not vote to relax the standards. MOTION ~/McCandliss) that Council rapidly go through the items before Council as it pertains to committees and legislative action. MOTION ~dliss/Malcolm) that item 10 be continued to the next Council meeting, SUBSTITUTE MOTION (Uox/Moore) waive the 10:30 requirement and deal with the balance of the agenda. The motion carried with Councilman Malcolm voting no. 15. REPORT WAIVER OF PUBLIC DEVELOPMENT IMPACT FEE {Budget Officer) Michael A. Green, 535 H Street, Chula Vista, representing Roger Gregg and Dan Biggins, noted that everyone has not been treated equally here on Development Impact Fees; McMillin, Baldwin and others were notified but he was not; public hearing notices and meeting dates were sent to other developers but not to his clients; this opportunity was given to other developers who were treated specially; notices could have been posted in Public Services Building in the P1 arming Department; Mr. Biggins had pull ed demotion permits and tore down units producing income, now he has to come up with $40,000 to pull building permits; does not have time to sell property; financing has been arranged and more financing cannot be arranged; requested that fees be waived in these two cases. Council discussion addressed development on both sides of 1-805 and the possibility of looking at properties west of 1-805 differently with fees, he asked if there was any legal problem in doing so; willing to rebate any fees to those people that have a different fee schedule; the issue of notices to major land owners but not to the small person who shows time and time again; consider how to assist without waiver; questioned staff's preparing proposal for a different DIF schedule for developers in western part of town as to some City services having some sort of impact less than that with eastern growth. Budget Officer Byers responded that Council took action to have staff find a consul rant to look at actual impact on residences and commercial/industrial on public facilities and the true impact either east or west of 1-805; the process will take about 3 or 4 months. MOTION ~/McCandliss) to assist the property owner in allowing him to pay this fee in a 12 month increment starting with date permit was issued for them to occupy. Minutes - 16 - August 22, 1989 Councilwoman McCandliss asked for clarification. Councilman Moore noted that this is a different method of paying; we now go to a time payment which is a full fee recovery. In answer to Mayor Cox' question, City Attorney Harron noted there were no legal impediments to what the motion would do. Councilwoman McCandliss asked that if in the refinement, the fees were determined to be less, would it automatically allow for rebate. Budget Officer Byers responded affirmatively. ADDENDUM TO MOTION (Cox/Moore) directed staff to come up with an acceptable agreement and if the property owner disagrees, the item will come back to Council. The motion carried with Councilman Malcolm voting no. 24. CITY MANAGER'S REPORT None. 25. MAYOR'S REPORT a. Ratification of appointments to Handytrans Committee, Commission /~3 on Aging, and Resource Conservation Commission. MSUC (Cox/Moore) to appoint Mildred Armistead to the Handytrans Committee; Dorathea Grindle to the Commission on Aging and John Paulino to the Resource Conservation Commission. b. Appointment of delegate to League of California Cities. MSUC (Cox/McCandliss) to appoint Councilman Nader as the delegate and Councilwoman McCandliss as the alternate. c. Mayor Cox noted a draft letter to be sent out by Council concerning a need to come up with a better designation of a second pier in Chula Vista. He noted that unless there was an objection from Council he would designate the new public berthing Pier as Marina Parkway Pier and the existing fishing pier as Bayside Park Pier. d. Mayor Cox announced that the Council Conference on Cable TV issues originally scheduled for August 24 will be postponed to a future date. The Council Conference this Thursday will deal with the Campaign Spending Limitation ordinance. e. Mayor Cox highlighted the following from Council Information: the Crime Activity Statistics report from the Director of Public Safety; noted the City will no longer maintain a separate Montgomery budget; and in regards to the 1970 Police Bond approved by the voters, there are more funds left in the next to last payment than there is money owed on the bonds so, in essence, the bond will be paid off a year early. Minutes - 17 - August 22, 1989 26. COUNCIL COMMENTS a. Councilwoman McCandliss noted the need to establish minimum i~ standards for PC areas. She mentioned how the P modifier has brought about less restrictive requirements in some areas; the PC and P areas should be looked at for possible minimum standards for private open space, setbacks and establishing of FARs. MSUC (McCandliss/Malcolm) staff to look at establishing minimum standards for PC areas. The PC and P areas should be looked at for possible minimum standards for private open space, setbacks and establishing of FARs. b. Councilman Malcolm reminded everyone about the POPS Concert this Sunday, August 27 at 7:00 p.m. at the J Street Marina. c. Regarding the 10:30 p.m. deadline for Council meetings, Councilman Malcolm noted he felt there was no emergency tonight to extend the meeting. d. Councilman Nader requested that staff add to his comments an item regarding the number of public hearings to be held at any one meeting and the phasing of approvals on large developments. Council adjourned to Closed Session at ll:O0 to discuss possible acquisition of property. ADJOURNMENT AT ll :47 p.m. to the Council Workshop on Thursday, August 24, 1989 at 4:00 p.m. to be located in the Council Conference Room and to the regular meeting of Tuesday, September 5, 1989 at 4:00 p.m. in the Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, CITY CLERK by: ~ Alicia