HomeMy WebLinkAboutcc min 1989/12/12Tuesday, December 12, 1989 Council Chambers
6:00 p.m. Public Services Building
MINUTES OF A REGULAK MEETING OF
THE CITY OF CHULA VISTA
CALL TO ORDER
1. ROLL CALL:
PKESENT: Mayor Cox; Cotmcilmembers McCandliss, Moore and Nader.
ABSENT: Councilman Malcolm
ALSO PRESENT: City Manager, John D. Goss; City Attorney, Thomas J. Hatton; and City
Clerk, Beverly A. Authelet
2. pT.Pr',GE OF AIJ.EGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MI~: November 21, 1989 and December 5, 1989 - minutes were continued to
the January 9, 1990 meeting.
4. SPECIAL ORDERS OF THE DAY: none
CONSENT CAIJ~NDAR
Citems pulled: Sa, 12a & 12b, 14, 1Sa & 15b, 18)
City Manager Goss noted the American Legion had requested Item 9 be continued until January 9, 1990 and
that Item 6 would take a 4/5's vote of the Council.
MAYOR COX OFF/alED THE BALANCE OF THE CONSENT CAleNDAR, the reading of the text was waived,
passed and approved 4-0-0-1
Mayor Cox noted the public hearings could not begin until 6:30 p.m., as published, and stated the Council
would hear items pulled from the Consent Calendar in order to expedite the meeting.
S. ~VRI'I'I'F~N] COMMUNICATIONS:
a. Request to increase the upper limit of staff authority for individual change order approval to $25,000
- Mr. Jim Casey, Construction Industry Federation, 6336 Greenwich Drive, Suite F, San Diego, California
92122 - Recommended that the Communication be referred to staff for further consideration. Pulled from
the Consent Calendar
b. Request for trafSc light at the intersection of Del Monte and Main Slxeets in Chula V'tsta -Petition
from neighborhood - Recommended request be referred to staff and the Safety Commission for consideration
and report back to the City Council.
c. Request for membership in WeTip, Incorporated, annual membership of $6,400.00 - Jackie Coffman,
City/County Coordinator, P.O. Box 1296, Rancho Cucamonga, California - Recommended City continue
MINUTES -2- December 12, 1989
participation and membership in Crimestoppers at no cost to the City, and it is the Police Department's
opinion that the senrice offered by Crimestoppers is equal to that furnished by WeTip.
d. Request for renewal of membership in the Southern California Water Commit'tee, Inc. (SCV~CJ in
the mount of $750.00 - Southern California Water Committee, Inc., 17759 Skypark Circle, Suite 120, Irvine,
California 92714 - Recommended City continue membership and that staff be authorized to utilize the City
Councirs contingency appropriation to cover the cost of the $750.00 membership (intent to include this
membership fee in the normal budget process for 1990-91).
e. Request for support and direction to stuff regarding Joneg pending application for a cable television
franchise - Charles R. Gill, McDonald, Hecht & Solberg, Suite 1100, 600 'B' Stteet, San Diego, California
92101 - Recommended that Jones Intercable letter be referred to staff for further research regarding the
effects of AB S43 and further discussions with Jones Intercable. It is also recommended that staff be directed
to develop a time schedule as to when the cable television enabling ordinance, as well as a proposed
franchise for Jones Cable, will come before the City Council for final action.
6. *RESOLLrYION 15429 AMENDING 1989.90 BUDGET PROVIDING FOR THE APPROPRIATION OF
FUNDS FOR SALARY AND FRINGE BENEFIT INCRF/6ES AND OTHER RELATED I-I-iP~MS FOR FY 1989-90 -
Corrected mounts for salaries and fringe benefits as well as items inadvertently omitted from the budget.
(Budget Officer)
7. RESOLUTION 15430 DONATION OF 1962 HOWE FIRE TRUCK TO THE VOLUNTEER FIRE
DF2ARTMENT OF PUNTA BAhIDA, BAJA CALIFORNIA, IVlEXICO - Donation of 1,000 gallon pureper fire truck
that had been removed from sentice. (Director of Finance)
8. RESOLUTION 15431 APPROVING LEASE AGI~F, PMENT BETWEEN THE u t x' OF CHULA VISTA
AND ASSEMBLY RULES COMMrFII~E OF THE STATE OF CALIFORNIA FOR THE LEASE OF CERTAIN
LEGISLATIVE OFFICE SPACE TO ASSEMBLYMAN srl~v'E PEACE - Two year agreement. (DirecWr of
Finance)
9. RESOLUTION 15432 APPROVING LF/kS'E AGBERMENT BKt~WFIN THE f~l-tY OF CHULA VISTA
AND THE AMERICAN LEGION PST NO. 434, INC., FOR THE FACILITY LOCATED AT EUCALYPTUS PARK,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGIIRRMENT - Two year lease. (Assistant City
Manager) - Continued to meeting of January 9, 1990 at request of American Legion Post No. 434, Inc.
10.A. RESOLLrrlON15433 MAKING APPOIN'IltIENTS IN A PROPOSED OTAY LAKES ROAD
ASSESSMENT DISTRICT NO. 88-2 -Proceeding initiated by Council in December 1988 for formation of
special assessment district. (Director of Public Works)
B. RESOLUTION 15434 ADOPTINGAMAPSHOWINGTHEPROPOSEDBOUNDARIESOFASPECIAL
ASSESSMENT DI~'II~ICT NO. 88-2 - (Director of Public Works)
C. RF~OLUTION 15435 DECLARING INTENTION TO ORDER TI-IE ACQUISITION OF (IRTAIN
IMPROVE.MF2qTS TOGETHF. R WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISI'RiCT NO. 88-2
PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 - Improvements
proposed included two additional lanes of pavement with associated curb and gutter, sidewalk, street lights,
traffic signals, storm drains, landscaping and other appurtenant improvements as required. (Director of
Public Works)
MINUTES -3- December 12, 1989
D. RESOLUTION 15436 PASSING ON THE "REPORT* OF THE ENGINEERS AND SETtING A TIME
AND PLACE FOR PUBLIC HEARING - (Director of Public Works)
11 .A. RESOLUTION 15437 APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AG~ RRMENT = ~ '
FOR CHULAVISTATRACT 89-3, LADF, RAVILLAS - Council approved Tentative Subdivision Map on 1/24/89.
(Director of Public Works)
B. RESOLUTION 15438 ACCEPTINGGRANTOFEASEMENTFORb-rKEETPURPOSESFROMCHULA _
VISTA SCHOOL DISTRICT, ALONG NORTHEAST PORTION OF PASEO ENTRADA, DEDICATING SAID
STREET TO PUBLIC USE AND OFFICIALLY NAMING IT PASEO F_,NTRADA - (Director of Public Works)
C, RESOLUTION 15439 ACC~FFING GRANT OF EASEMENT FOR SEWER PURPOSES FROM i-,-:,
RANCHO DEL KEY PARTNERSHIP -Condition placed upon tentative map required developer to acquire
additional right-of-way. (Director of Public Works)
12.A. REI~ORT CI-IY'S SIGN ABATEMENT PROGRAM - STATUS REPORT AND
RECOMMENDATION - Follow-up report to original report submitted to Council on 1/31/89, (Director of
Planning) - Pulled from the Consent Calendar
B. RESOLUTION 15440 F. XTENDING CONTRACT FOR PLANNING SERVICES OF MIL WILIJ/LM F.
HEITF.~ FOR THE CITY~ SIGN ABATEMENT PROGRAM AND APPROPRIATING NECESSARY FUNDS
THF, P, EFOR - Original contract authorized by Council on 4/11/89. (Director of Planning)
13. RESOLUTION 15441 ACCEPTING BIDS AND AWARDING CONTRACT FOR TWO SKID-STF, gR
LOADERS - Loaders will be used by Public Works Sewer and Streets Divisions for slreet excavation work.
(Dffector of Finance)
14. ORDINANCE 2347 AMENDING CHAPTER 5.20 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE REGULATION OF CARDROOMS (first reading) - (Director of Public Safety)
Pulled from the Consent Calendar
15.A. *ORDINANCE 2348 AMENDING OF THE C.I'IY OF CHULA VISTA ORDINANCE NO 2251,
RF.,I~TING TO DEVELO PMFANT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE t~,xr'S
~ TERRITORIFS CORGENCY ORDINANCE) - Ordinance will establish the Eastern Territories
Transportation Development Impact Fee as a permanent fee. (Director of Public Works) - Pulled from the
B. ORDINANCE ~49 AMENDING OF THE CITY OF CHULA VISTA ORDINANCE NO
I~F. IATING TO DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE
F.2%'t1~RN TERRITORIES (first reading) - (Director of Public Works)
16. ORDINANCE 2346 AN ORDINANCE OF THE CITY OF CHULA VISTA AMFAM'DING ZONING MAP
OR MAPS TO F.$TABLISH PIANNF~ COMMUIWI'Y {P-C) DISTRICT PREZONE FOR 602 ACRES IN SUNBOW
II (second reading) - (Director of Planning)
*Requires 4/Sths vote of the City Council.
MINUTES -4- December 12, 1989
17. ORDINANCE 2345 AMENDING ZONING MAP OR MAPS TO ESTABLISH EASTLAKE III
PLANNED COMMUNITY DISTRICT PREZONING FOR 1030.1 ACRES LOCATED WESTERLY OF UPPER AND
LOWER OTAY LAKES RESERVOIR (second reading) - CDkector of Planning)
18. REPORT COUNTRY CLUB DRIVE AREA TRAFFIC CONCERNS -Traffic Counts and ! ?' ': -"
Speed Survey, results of Safety Commission and Neighborhood Correspondence. (Director of Public Works) -
Pulled from Consent Calendar
19. REPORT ACCEPTANCE OF U'IY OF CI-fllA VISTA AUDITED FINANCIAL
STATEMENTS FOR YEAR ENDED JUNE 30, 1989 AND AUDITORS OPINION - City's Audited Financial
Statements as performed by the accounting firm of Touche Ross International. (Director of Finance)
20. REPORT SEWER CHARGES FOR MOBILE HOME PARKS - (Director of Community
Development)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND I~RtATED RESOLLrFIONS Al',i'l) OP, I)INANC~_'~;
21.k PUBLIC HEARING PCS-89-14: CONSIDFIATION OF TENTATIVE SUBDMSION MAP FOR
TERRA NOVA, CHLq~ VISTA TRACT 89-14, LOCATED ON THE NORTH SIDE OF EAST *IT' STREET
BETWEEN BUENA VISTA DRIVE AND RIDGEBACK ROAD - BREHM COMMUNI-nES - Continued from
November21, 1989 - Final unit of the Terra Nova Development (P, ice Canyon SPA). (DirectorofPlanning)
(Note: Itom~ 21A & 21B were handled as one item.)
This being the time and place as advertised, Mayor Cox declared the public hearing open.
Mr. Paul Maganelli, Consultant for the City, stated the item had been continued to allow the developer m
reduce density. He noted that three single farofly lots and four condominiurns had been deleted and the
recreational space was increased to one acre in the single family area and slighfiy less in the condominiums.
With these changes, staff recommended approval as resubmitted.
Councilwoman McCandliss felt this addressed her concem regarding the mount of open space, the plan was
now as it was originally envisioned and she was now more satisfied with the plan.
Councilman Nader stated he supported Condition 35 and felt it should be standard in the Threshold
Ordinance. He noted this condition was an area of concern listed in the Brehm correspondence.
Mr. Hal Rosenberg, Traffic Engineer, stated the City would have to look at the volume of traffic, no matter
where generated and review the cumulative effect.
Councilman Nader expressed his concern regarding the allocation of impact for each project and that a
moratorium could be set on this project if someone else applied for their building perink first.
Mr. Rosenberg stated staff allocated impact of each project and that a moratorium could be placed on each
project exceeding those levels.
MINUTES -5- December 12, 1989
Councilman Nader felt a condition for this project and others should include that ff a more sophisticated
system was developed, assessment of impact should be changed.
Mr. Rosenberg stated that staff petiodically measures traffic at each intersection and also monitors traffic
from each development as it occurs. Each project is measured for traffic generated.
Councilwoman McCandliss expressed her concern over the actual, reserve and the mount McMillin already
had set aside on H Street.
Fir. Rosenberg stated that McMillin did not have a guarantee or reserve. If other developments come in first
it usurps the capacity of the roadway.
Councilwoman McCandliss noted that the Employment Park project was phased on that account.
Mayor Cox stated it was based on total traffic and none were reserved. He felt the focus should be on the
Level C index throughout the City.
Councilman Nader concurred and recommended it be referred to staff for report.
Councilwoman McCandliss stated there should be an absolute commitment to Level C throughout the
community. She felt a phasing plan was important and would help direct growth. She questioned staff as
to whether they had seen the Brehm correspondence.
Mr. Leiter stated he had not seen their requests.
Mr. Tom Hancon, City Attorney, cautioned the Council as they were discussing evidence not before the public
for review.
Mr. William H. Hoover, Vice President, Brehm Communities, noted the primary focus was to add open space
to the project and they were pleased to do so. He also stated they did not argue with Condition 13 but they
could not agree with Conditions 35 and 37. He stated he was under the impression there was
a reservation of 20,500 ADT to Tenca Nova and that ptiotity was given for Rancho Del Rey-EastLake for the
issuance of building permits.
Mayor Cox questioned why they would be given ptiotity.
Mr. Hoover stated he understood it was an agreement arranged previously.
Councilman Nader stated the City retained the tight to place a moratorium and was not sure the approval
needed to be held up unless the developer preferred. He did not feel there would be prejudice by acting
tonight,
Mr. Hoover also expressed his concern over the requirement to widen East H Street and dedicate the area
to the City. He stated all landscaping would be done by the developer and felt all work in conjunction with
this should be given credit on the DIF. He also noted the project requirement of 20% low/moderate was
a heavy burden and he had talked to staff regarding 10% of single family and 20°,6 of multi family be
designated, this overall would be 11% in excess of the City requirement. He also requested that in the event
Brehrn could not sell the units to qualified moderate income buyers within a reasonable period of time
indicated in his correspondence) the City could accept an in lieu fee, payable to the City's housing program,
of $5,000 for each of the 60 units not sold to a moderate income buyer.
Mayor Cox questioned whether requested changes in the tentative map had been shared with staff.
MINUTES -6- December 12, 1989
Mr. Hoover indicated staff had seen the requested changes from time to time and they were not unfamiliar
with them.
Mr. Leiter stated staff had not seen a specific proposal on housing and recommended a continuance for staff
to review.
Mr. John Lippitt, Director of Public Works, stated the issue of Iraffic reservation needed further review by
staff and the City Attorney, and he felt the item should be continued due to the large number of items.
Mayor Cox questioned whether ADT count or threshold standards held precedence.
Mr. Lippitt stated the threshold standards took precedence over all. ADT determines when a project can go
into another phase. The Growth Management Committee can make a determination but it would take a
public hearing.
Councilman Nader expressed concern that ff the level of service fell below standard, it would take a public
hearing and recommendation from the Growth Management Committee before Council could act.
Mr. Lippitt stated the actual language of the Threshold Ordinance stated the public hearing and moratorium
would be on the tentative map approval.
Mayor Cox stated he was uncomfortable in taking action on the project tonight and felt additional input
should be received from staff.
Mr. Hoover stated he was seeking approval regarding their proposal for Condition 35 and that they would
come back to Council at a later date regarding Condition 15.
Councilman Nader felt Condition 35 should be implemented as proposed by staff whether or not approved
tonight. A meeting should be held to review a fair and equitable way of traffic generation.
Mr. Hoover stated that was OK as long as Brehm was on equal footing with everyone else.
City Attorney Harron stated the provision in the Government Code provided for the imposition of conditions
on the tentative map and ff not imposed at that time, it could not be done at a later date. He felt there
would be consequences if not done now.
Mr. Hoover stated they would like approval now and the ability to come back and discuss the low/moderate
income agreement at a later date.
Councilwoman McCandliss stated it was hard to believe that housing units wouldn't sell and would not want
to grant automatic release. She felt the developer should work with the Housing staff.
There being no further public comment, the public hearing was declared closed.
Councilman Moore questioned staff regarding the rational on Condition 41.
Mr. Cliff Swanson, Deputy Public Works Director, stated it would provide one additional t~affic lane. If
designed properly and placed at an adequate distance with proper grading, the City would not have to do
this. The developer has stated he would build a retaining wall and it was staffs opinion that the wall should
not be paid for by DIP.
Councilman Nader encouraged the developer to do the grading for the extra lane.
MINUI~S -7- December 3.2, 1989
B. PUBLICHEARING P-90-1: CONSIDERATION OF PRECISE PLAN FOR TERRA NOVA, CHULA
VISTA TRACT 89-14
RESOLUTION 15414 APPROVING TENTATIVE SUBDM SION MAP FOR MONTILLO AND
SANIBFJ.LE, CHULA VISTA TRACT 89-14, AND PRECISE PLAN AND DEVELOPMENT STANDARDS FOR
MONTILLO
RESOLUTION 15414 OFFERED BY MAYOR COX, the reading of the text was waived, passed and approved
4-O-O-1
Mayor Cox stated he supported the project but Council could not approve eleventh hour concerns.
MSC (Nader/Moore) to staff for a report in January (not lengthy or a lot of history) on what process the City
is using to determine traffic impacts. Approved 4-0-0-1
22. PUBLIC HEARING PCA-90-2: CONSIDERATIONOFAMENDMENTTOTHEMUNICIPALCODE
TO REQU~IE DESIGN REVIEW FOR ALL COMMFICIAL AND INDUSTRIAL ZONES - UtY INI'ilATED - To
expand design review to include all commercial and induslrial zones. (Planning Director)
This being the time and place as advertised, Mayor Cox declared the public hearing open.
Mr. Bob Leiter, Director of Planning, stated that earlier during the year, the Council had approved several
Code amendments which relate to the design review process and this amendment would expand design
review to include all commercial and industrial zones not considered at that time. The Planning Commission
unanimously approved the amendment and the Design Review Committee also unanimously approved the
amendment in its annual report to the Council in 1989.
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2350 AMENDING SECTION 19.14.582 OF THE CHULAVISTA MUNICIPAL CODE - ' '
TO REQUIRE DESIGN REVIEW FOR ALL COMMERCIAL AND INDUSTRIAL ZONES ~ PCA-90-2 (f'n'st reading)
Councilwoman McCandliss stated the design review process had been effective due to the skills of the
members but stated her concern of the added burden on the Committee. She questioned the possible
expansion of the Committee in the future and questioned the utilization of sub-committees.
ORDINANCE 2350 O~'FERED FOR FIRST READING BY COUNCILWOMAN MCCANDUSS, the reading of the
text was waived, passed and approved 4-O-O- 1.
Mr. Leiter stated this would amount to an approximate 30 - 40 percent increase for the Committee.
Mayor Cox stated the quality of the development in the last several years was directly attributable to the
Design Review Committee and it was one of the best decisions the Council had made.
MSC (Cox/McCandliss) foLlow-up motion to have staff monitor the work load on the Committee and take
whatever steps neressan] to alleviate an overload situation, Staff is to repott back to Council if necessary.
Mr. Ken Lee, Principal Planner, informed the Council that staff could take on more of the smaller projects.
He expressed concern over expanding the size of the Committee.
MINUTES -8- December 12, 1989
23. PUBLIC HEARING PCS-89-12: CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR SUN-
UP VISTA, CHULA VISTA TRACT 89-12 - COLD KEY DEVELOPMENT -continued to 1/16/90 - (Planning
Director)
MSC (Cox/McCandliss) to continue to meeting of January 16, 1990. Approved 40-0-1.
RESOLUTION 15442 APPROVING THE TENTATIVE SUBDM SION MAP FOR SUN-UP VISTA,
CHULA VISTA TRACT 89-12 - GOLD KEY DL~"F, LOPff
24A. PUBLIC HEARING PCZ-90-E: CONSIDERATION OF REZONING FROM R-1-H TO C-O-P FOR
22 ACRES AT 730-751 MEDICAL CENTER COURT - COMMUNI'IY HOSPITAL OF CHULAVISTA/VISTA HIIJ.
FOUNDATION - Proposed rezoning is consistent with the present use of the property, the General Plan
Update and the Sunbow II General Development Plan. (Planning Director)
(Note: lt~rn~ 24A and 24B were handled as one it~rn )
This being the time and place as advertised, Mayor Cox declared the public hearing open.
Mr. Loiter, stated these were two separate sites adjacent to each other. The change of zoning is consistent
with the General Plan and the Sunbow General Development Plan. The Planning Commission had
recommended approval.
Mr. Jim Carter, representing Sunbow, stated he was available to answer any questions.
There being no public testimony, the public hearing was closed.
ORDINANCE2351 REZONING22ACRESAT730-751MEDICALCENTEKCOURTFROMR-1-H
TO C,-0-P -COMMUNITY HOSPITAL OF CHULA VISTA/VISTA HILl. FOUNDATION - PCZ-90-E (first reading)
Councilman Nader questioned why the Planning Commission had a split vote.
Mr. Loiter stated Commissioner Casillas had a concern over the possible development of the site for other
than hospital uses. He noted that uses should be related to the hospital and not commercial but staff felt
this would be controlled through the design review process and the conditional use permit. The General
Plan did allow flexibility to utilize related uses.
Councilman Nader questioned whether staff could assure development would be medical related uses.
Mr. Loiter stated this would be done by staff through the General Plan.
B. PUBLIC HEARING PCZ-90-F: CONSIDERATION OF PREZONING TO C-0-P FOR 10 ACRES
DIRECTLY ~ OF COMMUNITY HOSPITAL - COMMUNITY HOSPITAL OF CHULA VISTA - (Planning
Director)
ORDINANCE 2352 REZONING 10 ACRES AT 751 MEDICAL CENTER COURT TO C-O-P -
COMMUNITY HOSPITAL OF CHULA VISTA - PCZ-90-F (fn-st reading)
ORDINANCE 2351 AND 2352 OI'~'EP, ED BY COUNCILWOMAN MCCANDLISS FOR FIRST READING, reading
of text walvea, passed and approved 4-0-0-1.
MINUTES -9- December 12, 1989
OTHER BUSINESS
25. ORAL COMMUNICATIONS
25a. Victor A. Nolan, 12 Via Barberini, Chula Vista, expressed his appreciation for the courtesies shown
to him by the Council and staff. He stated he had received a copy of the letter to the mob fie home park
owner from the City Attorney and felt the situation regarding excessive sewer fees was finally over.
Council recessed at 7:30 pan. and reconvened at 7:42 pan.
26. ITEMS pUIJ.RI~ FROM THE CONSENT C~I.ENDAR
Item 5a~ Request to increase the upper limit of staff authority for individual change order approval to
$25°000 - Councilman Nader stated it was the staffs opinion that the current authority was adequate and
he felt if staff was comfortable with it, so was he. He felt the City should give a straight out no rather than
have staff review.
MSC (Nader/lVioore) to have staff draft a letter to the Cons~uction Industry Federation acknowledging their
request and inform them that based on staff advi~ment, the present limits were adequate. Approved 4-0-0-1
Mayor Cox stated the limits should be reviewed periodically.
Item 12A & 12B. REPORT CITY'S SIGN ABAI~r_aMF._NT PROGRAM - STATUS REPORT AND
RECOMMENDATION AND RESOLUTION 15440 EXTENDING CO~Cr FOP, PLANNING SERVICF_q OF
MR. WILTJAM F. HEITER FOR THE CflYS SIGN ABATEMENT PROGRAM AND APPROPRIATING
NEr~F, SARy FUNDS THEREFOR
Councilman Moore stated the item should be referred to the Chamber of Commerce and the business
community for their comment.
MSC OVioore/Nader) to defer Item 12A and 12B to Januavjr 9, 1990 to allow the Chamber of Commerce and
any s~lbcornm~ttees to respond. Approved 40-0-1
Councilwoman McCandliss directed staff to provide a list of businesses that have noneconforming signs to
the Chamber of Commerce for their utilization.
Council moved back to the Public Hearing portion of the Agenda at 6:30 p.m.
Item 14. ORDINANCE 2347 AMENDING C~-iAPTER 520 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE REGULATION OF CARDROOMS
City Manager Goss informed the Council that Bill Winters, Director of Public Safety, had submitted the
report to Council in response to their request of September S, 1989. He noted the City does not receive an
economic benefit from the cardrooms and they did not enhance the City. The City has received a request
to allow consolidation. Staff recommended the consideration of current regulations but only amend the
ordinance as it pertains to the transferability of the license and visibility of tables.
Counc~man Nader stated he had misunderstood the request. He thought they would amend the ordinance
regarding transferability and not consolidation. He also stated he had a problem with the staff report and
was unsure on how to vote on several issues. He could not support raising the beKing limits and he shared
MINUTES -10- December 12, 1989
many of Councilwoman McCandliss' concerns of 90 days ago. He noted cardrooms do not enhance the City
and felt there had not been an analysis of the impact of the cardrooms on the City. His inclination was to
continue in order to receive furLher information from the staff rather than all information being received
from the applicants.
Councilwoman McCandliss stated the report did detail what was going on in other areas of the county and
the cardroom owners had collected information on their own.
Councilman Nader preferred to continue in order to obtain more information and independent analysis by
staff.
Mr. Harvey Souza, 3810 Valley Vista l~oad, Chula Vista, representing the Village Club informed the Council
he was available to answer any questions they had.
Mr. Fran Burger, 310 Broadway, Chula Vista, representing the Vegas Club Inc. stated he was looking for
support from the Council in an attempt to recoup business that was now going to other games in the county.
He felt the cardroom owners would agree to staying at the same betting limits but did request Council
approval on extending hours and opening on Sundays.
Ms. Dee Donahue, 310 Broadway, Chula Vista, representing the Vegas Club, stated he resented the
implications that the cardrooms were unsavory as represented in a recent Union article. He noted they are
licensed by the state and are a legitimate business. He requested extended hours and open on Sundays.
Mr. Roger Hedgecock, 3042 State Street, San Diego, informed the Council he had been retained as a
consultant by Mr. A1 Zermedjian, who has an interest in purchasing one or more existing cardrooms in Chula
Vista. He noted the fight to consolidate would produce clean benefits to the City and offer better service
for the customers, fewer headaches to the City, and a business better able to compete in today's cardroom
climate without changing any of the other rules in the ordinance. He noted Mr. Zennedjian planed to retain
a low key family operation while offering a higher quality environment in a consolidated location. He added
interest in legal cardrooms was increasing and felt the flexibility to consolidate the existing licenses in a win-
win for the city, players and owners.
Councilman Nader questioned if it would be possible to have a fixed number of tables versus four licenses.
Mr. Hedgecock stated the ultimate goal was consolidation of two or more of these licenses, resulting in fewer
cardrooms.
Councilman Nader questioned whether Mr. Hedgecock was seeking approval of higher fees.
Mr. Hedgecock stated the fees should be linked to the economic base and he was not addressing that issue
but probably would at the public hearing.
Councilman Nader agreed a business should make a profit and he was not opposed to a new fee schedule
and questioned the viability of buying tables which could result in fewer rooms and still allow four licenses.
Mr. Hedgecock stated that could be a subject for a public hearing.
Councilwoman McCandliss questioned why consolidation was better.
Mr. Hedgecock stated it would afford a better location, services, environment and a better economic base.
Councilwoman McCandliss agreed it could result in fewer cardrooms with high levels of activity.
MINUTES -11- December 12, 1989
Mr. Hedgecock requested the Council leave open the subjects of hours, time, and games for further
discussion and that consolidation was the fwst step. He felt eight tables would not be able m accommodate
expanded games.
Councilwoman McCandliss questioned whether the existing fee structure covered costs of enforcement and
inspection.
Mr. Winters stated it was more than adequate.
Mr. Don Shock, 853 Blackwood Road, representing Calvary Chapel, spoke in opposition of the cardrooms.
He requested the Council carefully evaluate the situation and to reduce the number of cardrooms, standstill,
or phase them out in the future. He stated it was not a matter of revenue to the City but a moral obligation.
Mr. Scott Fraiser spoke in favor of cardrooms. He stated the larger they get the better organized they
become, better security is provided, and jobs available are increased.
Mr. Lee Verin spoke in favor of cardrooms. He stated cardrooms were a legitimate business and he was tired
of the attitudes and comments.
Mr. Dennis Breedlove spoke in opposition of the cardrooms. He stated his concerns of the crime element
involved with gambling.
Mayor Cox noted the cardrooms had been established in the early 1940's or possibly even earlier.
Councilman Moore noted the Chula Vista ordinance was patterned after the San Diego ordinance. If the
ordinance was amended, it should be to the benefit of the City and able to stand up in court.
Councilman Nader stated he would like to see the item continued with the following:
1. Staff to bring back more specific and indepth information on financial impact.
2. Staff to bring back in ordinance form the proposals. He was not interested in raising betting limits but
felt it desirable to consider a hybrid which would retain the limit on number of cardroom but issued number
of tables which could result in fewer cardrooms but more revenue in transfer fees.
3. Description of terms within the report.
4. Report back with problems encountered with the repeal of the visibility requirement.
Councilwoman McCandliss stated she was always willing to acknowledge a fellow Councilman's need for
more time and felt there was a need for staff to be more specific on information brought back to the Council.
She noted society had changed and bingo and the lotto were very well accepted. She felt the cardrooms in
Chula Vista were room and pop type operations of long standing and did not have a criminal element. She
opposed the opening of the rooms on Sundays and did not feel it was in the best interest of the City to draw
from other areas in the County or change the focus from smaller morn and pop operations. She did not
want to get into the business of regulating fees.
Mayor Cox concurred with Councilwoman McCandliss and felt staff should look at the issue of number of
tables and the requests by cardroom owners but he could not support raising bets and wages. He noted
there were very few problems reported by the Police DeparUnent and the cardrooms were a form of
recreation. He was not in favor of expanded number of operations but was not against expanded internal
operations m insure clean wholesome recreation. The cardrooms should never be considered a revenue
source and did not feel they ever would and did not consider the existing cardrooms in the City as offensive.
He questioned whether the charges for a game versus charging per hand would be more efficient. He felt
staff should review #6 Charges for Game Playing - Maximum Designated in the staff report and did not feel
the maximum number of players at a table should be raised.
MINUTES -12- December 12, 1989
MSC C CoX/Nader) staff to review the game *Hold-em Poker* in proposal # 1 in the staff report, delete Sunday
from proposal #2 in the staff report and consider 10:00 a m to 2:00 a_m_, not pursue proposals #3, #4, and
#5, and evaluate the issue of proposal #6 regarding the consolidation of licenses and bring back to Council
on January 16, 1990. Approved 4-0-0-1
Councilman Nader questioned not pursuing proposal #4. He felt there should be a cap on the number of
licenses and tables but felt there should be a transfer of table rights and questioned whether this could be
incorporated into the motion. Mayor Cox agreed.
Amendment to motion: staff review the transfer of table rights without an increase in number of tables and
a poss~le table transfer fee.
Councilwoman McCendliss s~ated she supported the continuance and added she may not support the
amendments when this item is brought back to Council.
Item 15A. ORDINANCE 2348 AMENDING THE (2II' OF CI-IULA VISTA ORDINANCE NO ~1, !nI~IATING
TO DEVELOPlVlFLNT IMPACT FEE TO PAY FOR TRANSPORTATION FAC:II-rrlES IN THE ta-iY'S EASTERN
TERRITORIES aGENCY ORDINANCE)
Item 15B. ORDINANCE 2349 AMEIqDING OF TIIE cI-IY OF CI-1ULA VISTA ORDINANCE NO 2251,
RELATING TO DE'W2~PIVIENT IMPACT FEE TO PAY FOR TRANSPORTATION FA(~/I'IF.S IN THE CI-tY~
a TERRITORIES
Mayor Cox noted Ordinance 2348 was an urgency ordinance and would require a 4/5's vote of the Council.
(Note: Item 15A and 15B were handled as one item.)
Mr. John Lippitt, Director of Public Works, stated an Interim Eastern Area Transportation Developmental
Impact Fee (DIF) had been approved by the Council in January 1988. The ordinance would establish the
DIF as a permanent fee in order to carry on the program. He stated the staff would begin an immediate
update and hoped it would be complete by mid 1990. This ordinance is not to be considered as permanent
but is the best information ava~able at the time. Staff tried to be conservative in determine the number of
dwelling units but numbers would be more accurate as projects are approved.
City Manager Goss stated is was necessary to establish the fees now and revise as soon as possible in order
to avoid a backlog. He also noted that Councilman Malcolm had recommended a higher fee, but staff felt
this could be considered at a later time. He further stated that in looking back at the transportation system,
it was broader than just Chula Vista and the key, if adopted, would be to transmit the ordinance to the
County Board of Supervisors for consolidation into their program throughout the county.
Mayor Cox questioned ff there was a willingness by the County regarding the fee structure.
City Manager Goss stated they had expressed an interest but had not taken any action.
Mr. Lippitt stated County staff expressed an interest in cooperating several years ago, but nothing was done
at a higher level.
Councilwoman McCandliss stated the recommended fee was better than the current fee. She felt utilizing
an estimate on the low side was a safer position and guaranteed revenue. She also noted the Council is
looking a waiving fees for non-profit organizations and noted those fees would have to be picked up
somewhere else.
MINUTES -13- December 12, 1989
Mr. Lippitt stated staff felt most cases were conservative and there should be an annual update. He felt
there would be no more than 1,200 due to water issues but if needed, this could be corrected before it
became a problem.
Councilwoman McCandliss stated the General Plan had development bands and it seemed the EIR's were
always higher, development pre-proposals were all probably higher and overstated and questioned how this
would be corrected and how quickly this could be done.
Mr. Lippitt stated all comments were taken into consideration on the update. In staffs opinion it was
conservative or at target. He stated it could be refined to be more conservative or to build in contingencies.
Councilwoman McCandliss stated the Council could agree or disagree with the assignment of numbers next
time.
Councilman Nader referred to the pending referral regarding the exemption of fees for non-profit or social
sentices and questioned what staffs interpretations would be.
Mr. Lippitt stated he did not know where the referral currently stood or the percent affected, but he did not
anticipate any fee reductions.
City Manager Goss noted the Telegraph Canyon Road Special Study Area and stated transportation should
be looked at as a whole. He felt the area covered should be expanded further and there should be a
consolidated effort regarding State Route 125 including the area outside the sphere of influence. He noted
there were a lot of variables in the formula and it was a moving target.
Councilman Nader felt an annual review was sufficient.
City Manager Goss noted it was staffs intent to immediately start the next review and bring it back to
Council for review as soon as possible.
Councilman Moore questioned whether the fees were retroactive for projects submitted for approval.
Mr. Lippitt stated the change does not affect projects at the building permit stage.
Mayor Cox noted costs were itemized in the report and gave three examples of where a major project was
put in by the developer with the understanding of reimbursement. He questioned if the developer front
ended the costs of improvements if the City looked to actual costs.
City Manager Goss understood staff would modify the formula with actual costs.
Councilwoman McCandliss questioned why EDU's were reduced from 30 to 20.
Mr. Cliff Swanson, Deputy Public Works Director, noted indust2-ial/commercial could appeal. The developer
of a commercial proposal could come in if they felt it should be less. If they win the appeal, the City would
refund the fee. He noted the fees had been lowered and felt fewer developers would receive a decrease.
Councilwoman McCandliss questioned how long before staff assesses.
Mr. Swanson stated this was done by utilizing studies of similar developments.
Councilwoman McCandliss expressed her desire to have a workshop or more discussion and would like to
review the appeal process.
MINLrFES -14- December 12, 1989
Mr. Lippitt noted the numbers are given long before the actual development and noted those in assessment
districts would not be in the appeal process as they pay annual taxes.
Mr. Larry Seagraves, 1833 Carolyn Drive, Chula Vista, representing Canyon View Homes stated they did not
specifically oppose the fee but wanted to advise Council of the short notice received regarding this issue.
He stated his firm had pulled everything together in order to submit for 16 units. The initial permit
application was submitted in bulk and he ha~i been informed they had to be individual applications. Now
there was not time for staff to sign off on everything and he requested a delay on their first 16 units and
felt they could pull the permits tomorrow.
Mr. Jim Carter, 600 B. Street, Suite 700, San Diego, representing Great American Development spoke in
opposition of the item. He stated the Building Commission was concerned whether adequate fees were
collected to repay the DIF. He felt information should be accurate and updated as soon as possible. He felt
developers should be involved earlier in the process and requested the item be referred back to staff.
Mr. Bernie Scaparro, San Diego, representing Unocal 76 spoke in opposition and emphasized the lateness
in receiving the report. His objections were technical and he questioned the methods of determining lists
and service stations specifically. Service stations do not have the ability to pass through costs and their fees
were in excess of $125,000 which are costs the company bears up front. He felt they should have had the
opportunity to participate.
Mr. Don Schock, 8S3 Blackwood Road, representing Calvary Chapel spoke in opposition and requested the
Council review non-profit organizations and stated it was extremely difficult for them to recoup those
revenues.
Mayor Cox informed Mr, Sehock that a report was due baek to Council in January regarding the waiving
of fees for religious and non-profit organizations and had hoped the information was passed on to the
Religious Task Force.
ORDINANCE 2348 AND ORDINANCE 2349 AS MODIFIF, D BY STAFF, OFFERED BY MAYOR COX FOR FIRST
READING, reading of text waived, passed and approved 4-0-0-1.
Amendment to motion: Councilman Nader moved to amend motion to exempt religious and non-profit
organiT~rious. Motion died for lack of second.
Councilwoman McCandliss requested staff to bring back to Council earlier in order to review and offer
direction.
Councilman Nader stated it would be desirable to have the update as soon as possible to insure all costs are
being covered. Another issue is a cushion or reserve.
Mr. Lippitt stated there would be a workshop in February which would cover most issues. Hopefully staff
would receive more input and accurate information.
Mayor Cox noted that City Manager Goss attended a meeting with San Diego County and Supervisor Bilbrey
regarding the DIF and that initial reaction was good but there had been no follow up. He directed staff and
City Manager to meet with the County staff to encourage speedy adoption. He felt Chula Vista was in the
forefront of Proposltion C and encouraged active involvement with surrounding agencies. He also stated he
would contact Supervisor Bilbrey.
Item 18. REPORT COUNTRY CLUB DRIVE AREA TRAFFIC CONCERNS
MINUTES -15- December 12, 1989
Mr. Hal Rosenberg, Traffic Engineer, stated the staff report submitted to Council was complete and he had
no further comments.
Mrs. Marina Garelis, 60 K Street, Chnla Vista spoke in favor of the engineering recommendation. She stated
any effort taken to push traffic on K Street was very wrong. She felt the creation of a cnl de sac was unsafe
and would not allow access for emergency services.
Miss Kathy Cappos, 815 Vista Way, Chula Vista, spoke in favor of the engineering recommendation. She
stated the safety of the neighborhood had improved and the Safety Commission also agreed the project had
worked. She felt the issue should be ended now.
Mr. Will Hyde, 803 Vista Way, Chula Vista, stated he was in support and withdrew his option to speak as
his comments had been covered.
Mr. Steve Sayel, 53 Sierra Way, Chula Vista, presented Council with a written statement in opposition of the
engineering recommendation.
Mrs. Irene Bushong, 856 Country Club Drive, Chula Vista, spoke in opposition of the engineering
recommendation. She referred to the Chula Vista City Code, R-l, Single Family Residential Zoning. She
further requested the closure of Country Club Drive at 1st Avenue,
Mr. Clyde Bushong, 856 Country Club Drive, Chula Vista, spoke in opposition of the engineering
recommendation. He stated the closure of Counuy Club Drive was the only solution to the traffic safety
problems. He noted the various traffic improvements had increased speeds where all the accidents dccurred
and that traffic had not been increased on K Street and would not be increased ff Counlxy Club was closed.
Mr. Ivo Zaninovich, 89 Country Club Drive, Chula Vista, gave a presentation in opposition of the engineering
recommendation and stated the only solution was the creation of a cnl de sac.
Mr. John Sheffield, 834 1st Avenue, Chula Vista, spoke in opposition of the engineering recommendation.
He stated he had written a letter to the Council when this issue first arose. He felt that no one was happy
with the situation as it currently stood and noted that traffic had now been diverted south to within 25 feet
of his kitchen. He requested that the roadway be put back the way it was.
Ms. Ruth Chapman, Chula Vista, spoke in opposition of the engineering recommendation and noted cars
were on two wheels when turning off Hilltop onto Sierra Way. She felt this should also be addressed.
Councilman Moore noted that speeders will increase speed no matter and felt safety had to have been
improved somewhat.
Councilwoman McCandliss stated the Council did what they could but the fact remained that Country Club
and Sierra Way continued to have a problem. She felt the situation was difficult ff not dangerous and the
City had not gone as far as it needed to.
Mayor Cox stated Council and staff had spent a lot of time on this issue and was distressed that one
neighborhood was against the other. He stated there was a clear problem at Country Club and Sierra Way
and felt the problem was all from eastbound traffic on Country Club and eastbound waffic on Sierra Way.
He noted the excessively wide entry and felt the City should make one fmal attempt by establishing a
temporary curb and continue to evaluate in an effort to alleviate the problem. If it works, staff could come
back during the budgetary process.
Mr. Rosenberg stated staff had analyzed alternatives and possible demonstration projects. Neighbors did
not like a change of appearance at the intersection and other alternatives would be considered as a surprise
MINUTES -16- December 12, 1989
to the motorist and could create a severe problem. After analysis, staff made the recommendation as
presented in the report.
Councilman Nader questioned why it would be more serious to hit a berm and what was the nature of
additional problems.
Mr. Rosenburg stated street parking presented a problem. He was not trying to compare severity of
accidents but noted an obstacle may compound the problem and create a liability for the City.
Councilwoman McCandliss expressed concern regarding over negotiating. She was not sure a berm was
needed in the center of the street.
Mr. Rosenberg stated channelization would not enhance the safety of the intersection.
Mayor Cox questioned whether speed bumps would be a good alternative.
Mr. Rosenberg stated he would shy away from speed bumps as they would have to be placed close together
and would be very wide.
Councilman Moore stated nothing should be put on a sinlight street in that it would be conducive to loss
of control of the vehicle.
Mr. Rosenberg stated speed bumps could be used in tangent sections but not on high volume roads or on
Fades. He also noted they created a drainage problem, blocked driveways, often resulted in loss of control
and recommended against them.
Councilman Nader questioned whether the Safety Commission discussed a stop sign at Sierra Way and
Country Club.
Mr. Rosenberg stated it fails when measured against the criteria. It can not provide adequate sight distance
and if constructed, street parking would have to be removed. He felt it would be a surprise to the motorist
and there would not be adequate notice to stop which would result in screeching breaks, noise, etc.
MSC (Cox/lvkCandliss) to direct staff to install an asphalt curb at Sierra Way and Country Club for a four
to six month trial period. Approved 4-0-0-1
Councilwoman McCandliss requested this item be brought back at the end of the trial period to a Council
Worksession versus a Council Meeting.
27. UI'/MANAGF_~'S RgPORT(S)
27a. City Manager Goss reminded the Council there would be no Council meetings on December 19th,
26th, and January 2nd. He stated there was a Redevelopment meeting scheduled for December 21st.
MSC (Cox/bloore) to cancel the Redevelopmerit meeting scheduled for December 21, 1989. Apprnved 4-0-0-
1
28. MAYORS REPORTf S}
28a. MSC (CoX/McCandliss) to appoint Councilmembers McCandliss and Nader as Council Subcommittee '. % Q ~ i
for the City Clerk evaluafiorh Approved ,I-0-0-1
MINUTES -17- December 12, 1989
28b. Mayor Cox noted that break out of the South County Regional Center were not a regular occurrence
and that an alarm would warn the area of a potential problem.
MSC (Cox/McCandliss) to refer to staff to contact the County regarding a means of notilication~ Approved
4-0-0-1
28c. Mayor Cox stated Candy Cane Land and Chrislmas Tree Circle had been in existence for over 30
years and he felt there should be recognition of these areas.
MSC (Cox/IMcCandllss) to have staff recommend Will-fin the next 90 to 120 days unique signage to be
established at the entrances of these areas. Appreved 4-04~ 1
Councilman Moore requested that the residents be involved.
28d. Mayor Cox noted the deteriorated condition of the sign at the Civic Center and stated that immediate
steps should be taken to remedy the situation.
29. COUNCIL COMMENTS
Councilman Moore:
29a. Reconsider item # 16, ON FENCE ENCKOACH1VIENT INTO OPEN SPACE ADJACENT TO 758 CASSIA ~'- ~ ~ E
PLACE, from Agenda of 12/5/89.
MSC (Moore/Nader) to reconsider Council decision of Item # 16 on Fence Encroachment into Open Space
Adjacent to 758 Cassia Place, from Agenda of 12/5/89. Approved 4-0411
Councilman Moore stated he felt the original motion was either/or With staff removing fence and putting
back up on the properly line if the owner desired or City would pay documentable costs of the fence. He
felt the motion was directed to the staff and not the owner, with staff taking the economical solution.'
Ballards were to be charged to the Open Space District which was not included in the motion.
Mr. Lippin stated the item authorizing ballards to be charged to the Open Space District was on a previous
Consent Agenda and was not pulled for discussion and passed. Ballards are to be installed and funded from
the District.
Mayor Cox stated it was his understanding that if it was the desire of the property owner to have the fence
installed along the property line, staff would work With him and install the fence. If he was not interested
in having the fence on his property, the City would reimburse documentable costs and the fence would
become the property of the City.
Councilman Moore stated he had a problem with reimbursement.
Mayor Cox questioned if staff had received a response from Mr. Horton.
Mr. Lippin was unaware of any contact.
MSC (McCandliss/"blader) to reinstate original motion which implies it is basically Mr. Honon's choice.
Approved 3-1-0-1 With Moore voting no.
Councilwoman McCandliss felt Mr. Horton had done everything he had been told to and he believed what
he was doing was right.
MINUTES -18- December 12, 1989
Councilman Moore felt they had only heard one side of the story.
Councilwoman McCandliss stated staff was unclear regarding the events and she was convinced he was given
incorrect information.
Councilman Nader:
29b. Potential moratorium of mobile home park conversions - requested staff to bring back an ordinance
for Council consideration regarding zoning of current mobile home parks and trailer parks under ~
zoning.
MSC (Nader/McCandliss) to have staff come hack with ordinance on agenda for next meeting regarding
zoning of current mobile home parks and Wailer parks under MHP zoning. Approved 3-1-O-1 with Cox
voting no.
29c. Stated he heard on the radio that 8ANDAG had stated Otay Mesa was a viable site for airport
ralocation. He noted there was no county consensus to relocate the airport to Otay Mesa and he felt is was
grossly unfair and unjust.
Mayor Cox assured Councilman Nader that the City of Chula Vista had support from Supervisor Bilbrey and
San Diego Councilman Filner. He stated the issue may not be dead but it was on its last gasp and there was
no consensus for support of an airport in Otay Mesa.
Councilman Nader stated it was not a viable location for safety and other reasons.
Councilwoman McCandliss:
29c. Questioned whether the youth center at Chula Vista High School was on schedule.
City Manager Goss stated he was uncertain.
Councilwoman McCandliss noted the relationship with the high school was on shakey grounds and felt staff
should remind or encourage the school district to move forward.
Mr. Sid Morris, Deputy City Manager, stated he had received a memo several weeks ago regarding the
project and he would get back to the Council on this issue. The school was not behind schedule.
Mayor Cox stated it should have been completed several months ago.
ADJOURNMENT
The City Council/Redevelopment Agency adjourned to a Redevelopment Agency meeting at 11:16 p.m. and
to a Closed Session at 11:30 p.m. to discuss:
Potential acquisition of the following properties: 4555 Otay Valley R. oad (Shell Oil Co., owner);
4501 Otay Valley l~oad (Roderick & Pah-icia Davies, owners); Parcel 624-060-27 on OtayValley l~oad
Wincent & Margaret Davies, owners; 4705 Otay Valley Koad (Jimmie & ,ludi Shinohara, owners);
Parcel 644-040-40 CWalker Scott Properties/South Bay, owner); Parcel 624-O40-45 (Atomic
Investments, Inc., Leonard Teyssier, owner); East H Street -Paseo Del Key and Tierra Del R. ey.
MINUTES -19- December 12, 1989
Potential litigation; and County vs. Rabin
ADJOURNMENT AT 12:45 a.m. to the Joint Meeting of the City Council and the Otay Water District to be
held on January 8, 1990 at 5:00 p.m. in the Council Conference Room.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki Soderquist, Deputy Ci~rk'