HomeMy WebLinkAboutcc min 1985/01/08STATE OF CALIFORNIA } AFFIDAVIT OF POSTING ORDER
COUNTY OF SAN DIEGO ) ss OF ADJOURNMENT OF MEETING
CITY OF CHULA VISTA )
I, Jennie M. Fulasz, being first duly sworn depose and say:
That I am the duly chosen, qualified and acting City Clerk of the City Council of the
City of Chula Vista;
That the regular meeting of the Council of the City of Chula Vista was
held Tuesday, January 8, 1985 and said meeting was
adjourned to the time and place specified in the order of adjournment ATTACHED
HERETO:
That on Wednesday, January 9, 1985 at the hour of 10:15 a.m.
I posted a copy of said orderat a conspicuous place on or near the door of the place
at which said meeting of January 8, 1985 was held.
MINUTES OF AN ADJOURNED REGULAR MEETING.
OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA
Held January 8, 1985
The City CoUncil met in the Council Chamber at the Public Services
Building, 276 Fourth Avenue on the above date at 7:00 p.m. with
the following
Councilmen present: Cox, Malcolm, McCandliss, Scott, Moore
None
Councilmen absent:
__ ADJOURNMENT
The Mayor adjourned the meeting at ]]:40 p.m. until SATURDAYs
JANUARY ]2, ]985 at 8:30 a.m. F~m~. in the Council Conference
Room, City Hall, 276 Fourth Avenue, Chula Vista, California.
I, Jennie M. Fulasz, City Clerk of the City of Chula Vista, DO
HEREBY CERTIFY that this is a full, true and correct copy of an order
by the City Council at the meeting of January 8, ]985
'NI]IE M. ~ULASZ, CMC, CIT~ERK
f Chula Vista, California
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
Tuesday, 7:00 p.m. January 8, lg85
ROLL CALL
Councilmembers present: Mayor Cox, Councilmembers Malcolm,
McCandliss, Scott, Moore
Councilmembers absent: None
Staff present: City Manager Goss, City Attorney Harron,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE, SILENT PPJkYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed by a moment
of silent prayer.
Mayor Cox introduced the new reporter for the Star News, Tim McClain, and
welcomed him to Chula Vista.
Mayor Cox announced the applicant for Item No. 8 requested a continuance for
two weeks.
8. PUBLIC HEARING PCS~85-2 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP
FOR C - DEL MAR, CHULA VISTA TPd~CT 85-2 - MITCHEL N.
ANGUS (Director of Planning)
a. RESOLUTION APPROVING THE TENTATIVE SUBDIVISION MAP FOR C-DEL MAR
CHULA VISTA TRACT 85-2
MSUC (Cox/McCandliss) to grant a continuance for Item No. 8 for two weeks.
1. APPROVAL OF MINUTES of the meeting of December 18, 1984
MSUC (Cox/Scott) to approve the revised copy of the minutes.
2. SPECIAL ORDERS OF THE DAY
PROCLAMATION PROCLAIMING THE WEEK OF DECEMBER 30, 1984 THROUGH
JANUARY 5, 1985 AS "CHILD CAR SAFETY SEAT AWARENESS
WEEK"
Mayor Cox read the Proclamation and presented a car safety seat to Mrs.
Villareal for the first born child in the City of Chula Vista for lgBS-Barbara
Villareal, one week old.
· I T
City Council Meeting - 2 - January 8, 1985
3. WRITTEN COMMUNICATIONS
a. LE~ER REGARDING MUNICIPAL CODE REQUIREMENT OF BUSINESS LICENSE (Eugene
Richard Pierson)
Mr. Pierson objected to being required, as an accountant, to contribute to the
business promotion fund under Chapter 5.06 of the Municipal Code.
Staff recommended the matter be referred to City's legal Counsel. City
Attorney Harron stated Mr. Pierson had 30 days to appeal the decision of the
Municipal Cou~ and his office is waiting for the result of that appeal.
MSUC (Malcoln~/Cox) to refer this matter to the City Attorney.
Items 3b and c were discussed simultaneously.
b. REQUEST FOR RESTORATION OF STREET LIGHT SERVICE ON SAN MIGUEL DRIVE {Mrs.
Beverly Pickenpaugh and residents)
The request was to restore service of a street light located in the center of
the three-hundred block of San Miguel Drive using excess City funds.
c. REQUEST FOR STREET LIGHT SERVICE IN COLLEGE ESTATES AREA (J.R. and Sue
Wunderli)
The residents in the College Estates area are still required to pay
out-of-pocket expenses in order to have middle of the block street lights on.
They questioned why street lights have not been turned back on in light of
"the City's healthy budget".
MSUC (Moore/Scott) that Items 3b and c be included in the review of this
subject at both the Council workshop on January 12 and at budget review
process.
d. RESIGNATION OF WILLIAM 0. EDWARDS FROM RESOURCE CONSERVATION COMMISSION
(William D. Edwards)
Due to various pressures at work and severe time constraints, William D.
Edwards tendered his resignation from the Resource Conservation Commission.
MSUC {Cox/Malcolm) to accept the resignation with regret and a letter to go
out under the Mayor's signature expressing the City's appreciation for Mr.
Edwards' service.
e. REQUEST TO HAVE ABANDONED CAR REMOVED TO ENABLE TREE TRIMMING AT 208 FIRST
STREET (M. Asma)
Mr. Asma requested having an abandoned car in front of his house towed away,
as it hampers having his tree trimmed by the City.
City Council Meeting - 3 - January 8, 1985
Mayor Cox questioned if it was necessary for this item to be referred to
Council. City Manager Goss stated staff could pursue this as a normal
complaint.
MSUC (Malcolm/Moore) to refer this to staff.
f. REQUEST RESOLUTION TO SUPPORT THE FIVE CITIES TOUR THROUGH CORONADO
(Edward A. Roeters)
Mr. Roeters urged the City of Chula Vista to take appropriate action asking
the City of Coronado to reconsider its decision not to allow the annual Tour
of Five Cities bicycle tour to go through Coronado. The City Manager
recommeded contacting Coronado to determine extent of their opposition noting
Chula Vista experiences no problem with the tour going through this City.
MSUC (Moore/Malcolm)to accept the City Manager's recommendation and include in
the letter that Coronado reconsider and offer some type of assistance if
deemed appropriate.
g. REQUEST CITY OF CHULA VISTA APPOINT REPRESENTATIVE TO LAFCO COMMISSION
CITIES ADVISORY COMMITTEE (Jane P. Merrill)
On December 10, 1984 the City Selection Committee elected Councilman Leonard
Moore as a regular Commission member and he was installed on December 18. His
election creates a vacancy on the Advisory Committee and Executive Officer
Merrill requested another appointment be made to represent Chula Vista. {At
the meeting of January 3, 1985, the City Council directed the City Manager to
recommend alternates to this committee).
City Manager Goss stated a recommendation would be offered to Council at next
Tuesday's meeting.
h. REQUEST TO HANG TWO BANNERS FROM CERTAIN STREET LIGHT FIXTURES FOR
BUSINESS SALUTES CHULA VISTA FAIR ON MAY 18, 1985 {Chamber of Commerce)
The members of the Business Salutes Chula Vista Fair requested permission to
hang two 30" x 40" banners from certain street light fixtures along the major
arteries in the City for the May 18, 1985 program.
MSUC (McCandliss/Scott) to approve the request subject to staff conditions.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
4. PUBLIC HEARING CONSIDERATION OF THE PROPOSED "LOWER SWEETWATER
REORGANIZATION" (Director of Planning)
a. RESOLUTION 11892 ORDERING THE PROPOSED "LOWER SWEETWATER
REORGANIZATION"
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Council Meeting - 4 - January 8, 1985
Director of Planning Krempl explained the subject reorganizaton consists of
two parcels (lb and 2) of 88 acres to the City of Chula Vista and three
parcels of 46 acres which would be annexed to the City of National City. The
parcels to be annexed to National City are in the flood plain and have been
prezoned open space by the City of National City. The proposal was approved
by LAFCO on December 3, 1984 and Chula Vista was ordered to be the conducting
authority for the public hearing. The reorganization does have the consent by
petition by approximately 75% of the property owners as well as 751 of the
resident voters in the area.
The proposal area is located primarily in the southwest quadrant of the
intersections of the 1-54 and 1-805 freeways. The 8B-acre territory proposed
for annexation to Chula Vista is designated on the County General Plan
"Residential 5 (7.3 du/acre) and flood plain (1 du/4~8 acres). County Zoning
is R-V-15 (14.5 du/acre). On May 29, 1984 LAFCO at the City's request, waived
the prezoning requirement for the areas. The City intends to zone these areas
in accordance with its General Plan after annexation.
LAFCO conducted an Initial Study for the proposed reorganization and
determined that approval of the proposal would have no significant effects on
the environment and thereby issued a negative declaration.
The Director of P1 anning recommended Council approve the proposed annexation
with concurrent detachments from the San Diego County Flood Control
District-Zone 3, the Lower Sweetwater Fire Protection District and the
Bonita-Sunnyside Fire Protection District.
Mrs. Harriet Acton, 265 Nixon Place, Chula Vista, representing the Board of
Trustees for the Lower Sweetwater District, stated the area is not detaching
from the Bonita Sunnyside District, but from the Lower Sweetwater Fire
Protection District. Director of Planning Krempl explained that LAFCO ordered
a portion of Plaza Bonita Road to be annexed in the reorganization (Parcel 4)
and a small portion of that is within the Bonita Sunnyside Fire Protection
Di strict.
There being no further comments either for or against, the public hearing was
declared closed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimnous consent, passed and approved unanimously.
5. PUBLIC HEARING CONSIDERATION OF THE PROPOSED "OTAY VALLEY ROAD
REORGANIZATION" (Director of P1 anning)
a. RESOLUTION 11893 ORDERING THE PROPOSED "OTAY VALLEY ROAD REORGANIZATION"
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Council Meeting - 5 - January 8, 1985
Director of Planning Krempl explained this reorganization consists of 240
acres. It was considered by the LAFCO Board on December 3, 1984 as proposed
by Mr. Fred L. Borst, chief proponent representing Walker Scott Properties
{Palm). Petitions in favor were signed by all of the property owners involved
in the area with the exception of a very small piece of property owned by the
State.
The proposal area is a narrow, unincorporated corridor located on the
southerly side of Otay Valley Road extending easterly from 1-805 approximately
1.5 miles. The territo~ is surrounded by the City of Chula Vista on the
north and west and the City of San Diego on the south. The proposal area is
comprised of eleven parcels of real property and the adjoining right-of-way of
Otay Valley Road and constitutes the southerly portion of the 771 acre Otay
Valley Road Redevelopmerit Project.
The City's share of base year property tax revenue from the proposal area will
be pursuant to the Master Property Tax Exchange Agreement which was in effect
prior to its expiration on November l, 1984. However, because the proposal
area is within a redevelopment district, the Chula Vista Redevelopmerit Agency
would receive 100% of the territo~'s annual tax increment generated above the
base year.
The Director of Planning recommended that Council approve the proposed
annexation with concurrent detachments from the San Diego County Flood Control
District - Zone 4 and the Montgomery Fire Protection District.
Councilwoman McCandliss noted that at the Redevelopmerit Meeting on January 3,
standards for the area were discussed and questioned when they would be ready
for review by the Council and the Redevel opment Agency. Director of Community
Development Desrochers stated the Project Area Committee is still going
through the design guidelines. They met on the site last Saturday and had a
tour of the area and are taking time to look at the sensitive areas of impact
in the area. It is expected it will take a month to six weeks to have them
from the Planning Commission to the Council.
There being no comments either for or against, the public hearing was declared
closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
6. PUBLIC HEARING CONSIDERATION OF AN A~4ENDMENT TO THE RICE CANYON
SECTIONAL PLANNING AREA PLAN - FINANCIAL SCENE, INC.
(Director of Planning)
a. RESOLUTION 11894 APPROVING AN AMENDMENT TO THE RICE CANYON SECTIONAL
AREA PLANNING AREA PLAN
Mayor Cox explained he has been advised by the City Attorney to refrain from
discussion on Items 6a, b and c because he owns some stock in Great American
Federal Savings and Loan. He turned the meeting over to Mayor pro Tempore
Malcolm at this time and left the dais.
City Council Meeting - 6 - January 8, 1985
Mayor pro Tempore Malcolm stated al though he does not have an interest in Item
6c, because of any question regarding his business transactions with Pacific
Scene he will not participate in 6c and will turn that portion of the meeting
over to Councilwoman McCandliss.
This being the time and place, Mayor pro Tempore Malcolm opened the public
hearing.
Principal Planner Lee explained the applicant is requesting an amendment to
the Rice Canyon Sectional Plannin Area (SPA) Plan of the E1 Rancho Del Rey
Specific Plan. He discussed the ~ollowing revisions to the amendment: l) the
redesignation of 3.0 acres of "commercial/recreation" to "retail commercial";
2) the density transfer of 36 units from the north side of East "H" Street to
the south side; 3) a reduction of required low and moderate income housing
units from 232 to 153; 4) a revision of the construction phasing schedule; and
5) authorization to construct two-story homes on two separate corner lots.
The Environmental Impact Report (EIR 79-8) for the Rice Canyon SPA was
certified in February 1979. There are currently several proposed
modifications to the plan. Staff has evaluated these changes and determined
there will be no new significant impacts resulting from these changes which
were not considered in the original EIR.
The Director of Planning recommended that Council:
1. Certify that EIR-T9-8 and the addendum have been prepared in
accordance with CEQA, the State EIR guidelines and the Environmental
Review Procedures of the City of Chula Vista and that the information
contained in the EIR was considered in reviewing the project.
2. Concur with Planning Commission recommendation to approve the
amendment.
Mayor pro Tempore Malcolm questioned whether the 46 low-income units under
construction are a part of Financial Scene's commitment to low and moderate
income housing in the SPA area and whether they are being counted as part of
that commitment. He stated the project was given a density bonus and bond
financing in return for low and moderate housing. Housing Coordinator
Gustarson explained that effort was perceived as part of the satisfaction of
low and moderate income requirement for the whole Rice Canyon area for the
SPA. Staff did not feel the developer could provide the entire 232 units
without some form of City, State and Federal assistance.
Council discussion ensued regarding requirement of owner occupany for two
years only; potential for buyers to sell making substantial profit; difficulty
of estimating price of retail sales; question of owner selling homes below
market rate - then selling their unit, including their furniture, raising the
price; City of Palo Alto's program for a buy-back right of a certain amount
(of units) a year; whether the City really wants to get involved in this
because of tremendous amount of staff time involved;and the parking and
storage space requirements of City ordinance for condominiums - this project
exceeds the ordinance requirements by 9-10 spaces.
City Council Meeting - 7 - January 8, 1985
At this time Mayor pro Tempore Malcolm requested Item 6b be presented.
6. PUBLIC HEARING PCM-85-3; CONSIDERATION OF AN AMENDMENT TO THE RICE
CANYON SPA PROVIDING FOR CONSIDERATION OF A 12+ ACRE
RESIDENTIAL DEVELOPMENT ON LOTS 329 AND 330 OF HIDDEN
VISTA VILLAGE (BEACON COVE) - FINANCIAL SCENE, INC.
b. RESOLUTION 11895 APPROVING THE DEVELOPMENT PLAN FOR A 177 UNIT
APARTMENT PROJECT (BEACON COVE) ON LOTS 329 AND 330 OF
HIDDEN VISTA VILLAGE SUBDIVISION
Principal Planner Lee explained this item involves a request to amend the
approved Rice Canyon Sectional Planning Area Plan of the E1 Rancho del Rey
Specific Plan in order to approve the Precise Plan for Beacon Cove residential
development. The proposed project is located on the south side of East "H"
Street between the extension of Ri dgeback Road and Kernal P1 ace.
The project originally consisted of a 140-unit apartment/condomi nium project
contained in ll two-story buildings. Because of Council's approval to
transfer density of 36 units from the north side of "H" Street to the subject
property, it now allows for the construction of 177 units.
Principal Planner Lee submitted plats of the proposed area noting the parking
along "H" Street frontage, the substantial buffered landscaped areas,
recreational ameni ties and contemporary architecture. The Planning Commission
approved the project with three conditions l) commitment to 34 low-income
units; 2)joint access requirement with the project to the west and 3) R-3
standards to be imposed. The Design Review Committee approved the project as
submitted. Staff concurred but also are recommending a light-weight concrete
roof for the Beacon Cove development. The Planning Commission and Design
Review Committee did not support this condition.
Councilman Moore questioned the reliability of the light-weight concrete and
asked if there were any statistics on its longevity and strength. Mr. Lee
stated there is a 30-year guarantee on asphalt shingle being proposed and a
25-year guarantee on the light-weight concrete material.
Gary Gramling, Vice President of Financial Scene, Inc., 1323 Sixth Avenue,
San Diego, responded to the questions regarding the low-income housing
requirement and the reduction as proposed. The original SPA plan was approved
with the additional commercial. If the developer could not prove additional
commercial was appropriate, then the site was approved for 232 units. Council
decided that the site would not be required to have all 232-units as low-and
moderate income on a restricte'~'basis.
Mr. Gramling agreed to accepting the R-3 standards; Financial Scene has no
difficulty with compact (parking) facilities; noted when Section 8 was
discontinued, many developers were relieved of the low-income housing
requirement; they are are asking for a reduction to 13i in terms of an
absolute restriction with the recognition that market rates apartments as
moderate income housing units as well; identified the corner lots (329 and
330) for which they are asking a waiver regarding the one-story requirement.
City Council Meeting - 8 - January 8, 1985
Mr. Gramling added the Design Review Committee agreed that the use of a
heavily textured asphal t shingle roofing (which they are proposing) combined
which a change of the color will alter the look of the project.
There being no further comments either for or against, the public hearing was
closed.
Council discussion continued regarding the percentage of spaces required for
compact cars; providing additional parking on-site for off-street parking;
problems with large cars parking in compact spaces inappropriately;
suggestions to review parking standard established by the City; discussion
regarding benefits of the density of this project; concrete vs. tile shingle
roofing; road setback; and the requirement for units to be owner-occupied for
a two-year period.
a. RESOLUTION 11894 APPROVING AN AMENDMENT TO THE RICE CANYON SECTIONAL
AREA PLANNING AREA PLAN
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived
by unanimous consent, passed and approved with Mayor Cox abstaining.
AMENDMENT TO THE MOTION
MSUC (Scott/Moore)to certify the EIR. The motion carried with Mayor Cox
abstaining.
MSUC (McCandliss/Scott) for a report to come back to the City Council
outlining any controls that may be appropriate for the sale of low-income
housing and any problems fofchcoming. The motion passed with Mayor Cox
abstaining.
6b. RESOLUTION 11895 APPROVING THE DEVELOPMENT PLAN FOR A 177 UNIT
APARTMENT PROJECT (BEACON COVE) ON LOTS 329 AND 330 OF
HIDDEN VISTA VILLAGE SUBDIVISION
AMENDMENT TO THE RESOLUTION
MSUC (Scott/Malcolm) to require concrete roofing as proposed by the Planning
staff. The motion carried with Mayor Cox abstaining.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, AS AMENDED, the reading of the text
was waived by unanimous consent, passed and approved with Mayor Cox
abstaining.
Councilman Scott questioned if lots 329 and 330 have the appropriate numbers
or if they are different as they are at different locations. Mr. Baumgartner,
McMillin Company, stated they are correctly numbered as lots 298 (corner lot)
and 314 (interior lot).
City Council Meeting - 9 - January 8, 1985
Councilwoman McCandliss requested an example of the concrete shingle to be
available for Council viewing.
Mayor pro Tempore Malcolm, because of potential conflict of interest motioned
to turn the meeting over to Councilwoman McCandliss at this time.
MSUC (Malcolm/Moore) for Councilwoman McCandliss to chair the meeting for Item
Councilman Malcolm left the dais at this time.
6. PUBLIC HEARING PCM-85-4; CONSIDERATION OF AN AMENDMENT TO THE RICE
CANYON SPA PROVIDING FOR CONSIDERATION OF A 31-ACRE
COMMERCIAL SHOPPING CENTER ITERRA NOVA PLAZA)
PACIFIC SCENE
c. RESOLUTION 11896 APPROVING THE DEVELOPMENT PLAN FOR THE TERRA NOVA
PLAZA SHOPPING CENTER LOCATED AT THE SOUTHEAST
QUADRANT OF EAST "H" STREET AND 1-805
This being the time and place as advertised, Acting Mayor pro Tempore
McCandliss opened the public hearing.
Principal Planner Lee explained the subject property (except for the easterly
three acres) has been designated for commercial development with the approval
of the Rice Canyon SPA in 1980. Development of the property was conditioned
upon the approval of plans by the City Council. The development proposal now
encompasses 31 acres located on the south side of "H" Street, directly east of
1-805.
Mr. Lee showed plats of the proposed shop ing center discussing the types of
businesses proposed for the area. He explained the logistics of the center,
noting overall architectural quality, including sign criteria. There are
specific issues that need additional study by the City's Engineer, Landscape
Architect and the City's Design Review Committee. Staff recommended approval
subject to the following conditions:
1. 15 parking spaces shown penetrating the open space along "H" Street
(perpendicular to it) shall be removed.
2. All signs located at the rear of the center, facing towards 1-805
shall be deleted.
3. The "H" and "M" in Housemart's sign shall be a solid color in
duplication of the other letters within the sign.
Staff feels that the entry road along the landscape strip (now housing 6 small
parking spaces) should be removed to provide a larger landscaping node. The
applicant has agreed to modify that to delete two spaces to provide additional
landscaping. Both Planning Commission and staff agreed all six spaces should
be deleted from this area.
City Council Meeting - 10 - January 8, 1985
Council discussion ensued regarding problems with the number of fast food pads
and drive-through areas; suggestion for more study on the traffic circulation;
concern with HouseMart sign; dual lane line in primary entry could become a
serious problem of backing up traffic; primary entrance to City should be one
of quality and uniqueness - this is not just a "typical" shopping center;
problems involved with spacing of free-standing buildings providing
drive-through services; applicant to connect CalTrans park and ride facility;
heavier tree planting/landscaping of the area on "H" Street.
James Leary, Architect, Brown and Leary, 11545 Sorrento Valley Road, Sorrento
Valley, representing Pacific Scene responded to the items discussed by staff:
1. PARKING SPACES
The architect believes parking is necessary in the area and if
convenience parking is eliminated, it will invite double-parking.
Mr. Leafy stated Pacific Scene is willing to assume the obligation of
the abutting improvements (curbs, gutters and sidewalks) at either
entrance near the Hidden Vista entrance and requested a condition to
be incorporated to reflect the obligation.
2. SIGNS
~eary agreed with staff to eliminate signs at the rear of Safeway
and Longs and asked Council to reconsider keeping the Marshall's sign.
3. HOUSEMART SIGN
This is a national trademark and logo with the candy-stripe theme on
employee uniforms and on all their national advertisements and
requested Council approve this item.
4. As to the six parking spaces between Long's Drug Store and SafewaY,
staff proposed the elimination of these six spaces. The developer
has provided abundant landscaping in the area and is not in
disagreement with the staff that they need some type of terminus
feature at the end of the driveway forming a vista. At the P1 anning
Commission meeting, the developer offered to "spoil away two more
cars" to provide another 20 feet of width to that feature. However,
they strongly feel these parking spaces are needed - it is an area of
rapid-turnover.
5. Discussed the requirement for reconstruction of "H" Street to provide
three through lanes. The developer does not feel this is their
obligation but is willing to assume construction of the curb, gutter
and sidewalk along the abutting "S" curve on either side of the main
entrance (off Hidden Vista).
6. Addressed the drive-through issue and the reason for the pads.
City Council Meeting - ll - January 8, 1985
Michael Holiday, 471 Long View Drive, Compass Hill, expressed his concern
regarding the high speed of traffic going through "H" Street, creating a
potential for traffic hazards.
City Engineer Lippitt informed Council a traffic signal is planned for that
area when the center opens in December 1985. The portion of street lighting
in front of the apartments, which has not been turned on yet, will increase
the lighting greatly.
There being no further con~nents either for or against, the public hearing was
closed.
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text was waived by
unanimous consent, passed and approved with Mayor Cox and Councilman Malcolm
abstaining.
Council discussion involved the HouseMart sign; the six parking spaces and the
developer being required to pay for the road improvement. Councilwoman
McCandliss stated she can support the deletion of the HouseMart sign
requirement since she feels signage along 1-805 should be removed ~ it doesn t
contribute much to the Center.
AMENDMENT TO THE RESOLUTION
MSUC (McCandliss/Scott} to delete requirements 1 and 3 from the resolution.
RESOLUTION, AS AMENDED, OFFERED BY COUNCILMAN SCOTT, the reading of the text
was waived by unanimous consent with Mayor Cox and Councilman Malcolm
abstaining.
Councilman Scott stated he would like the Marshall's sign left in the
resolution.
Mayor pro Tempore McCandliss reopened the public hearing in order for public
comment to be made.
James Leafy, Architect stated Marshall's will not come into the shopping
center if they do not get the sign. He added the other smaller shops would
not be asking for signs in the future.
There being no other comments either for or against, the public hearing was
closed.
MSC (Moore/Scott) to reconsider the amendment (from the previous motion) to
delete Items 1 and 3 of the staff recommendations. The motion carried with
Mayor Cox and Councilman Malcolm abstaining.
City Council Meeting - 12 - January 8, 1985
CLARIFICATION OF COUNCIL ACTION
Councilman Scott clarified the Council's action stating the following staff's
recommendations are being deleted (not approved):
1. 15 parking spaces shown penetrating the open space along "H" Street
(perpendicular to i t) shall be removed.
2. All signs located at the rear of the center, facing toward 1-805
shall be deleted.
3. The "H" and "M" in HouseMart's sign shall be a solid color in
duplication with the other letters within the sign.
MSC (Scott/Moore) to amend PCM-85-4 to include the six parking spaces that
were deleted by Planning Commission Resolution PCM-85-4.
The motion carried with Mayor Cox and Councilman Malcolm abstaining.
RESOLUTION OFFERED, AS AMENDED, BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved with Mayor Cox and
Councilman Malcolm abstaining.
Council recessed at 10:05 p.m. and reconvened at lO:lO p.m.
Mayor Cox and Councilman Malcolm returned to the dais at this time.
7. PUBLIC HEARING PCA-85-1; AMENDMENT TO CHAPTER 19.66 OF THE CHULA
VISTA MUNICIPAL CODE, PERFORMANCE STANDARDS, AS THEY
RELATE TO NOISE MEASUREMENT AND REGULATIONS (Director
of Planning)
a. ORDINANCE AMENDING CHAPTER 19.66 OF THE CHULA VISTA MUNICIPAL
CODE, PERFORMANCE STANDARDS RELATING TO NOISE
MEASUREMENT AND REGULATIONS - FIRST READING
MSUC {Malcol m/Scott) to continue this item for a period of two weeks (to the
meeting of January 22, 1985).
City Attorney Harron explained the reason for the continuance is that the
ordinance needs to be tenumbered.
Councilman Moore suggested the word "prevented" be changed to "enforced" in
the final wording of the ordinance.
8. PUBLIC HEARING PCS-85-2 - CONSIDERATION OF TENTATIVE SUBDIVISION MAP
FOR C - DEL MAR, CHULA VISTA TRACT 85-2 - MITCHEL N.
ANGUS (Director of Planning)
a. RESOLUTION APPROVING THE TENTATIVE SUBDIVISION MAP FOR C-DEL MAR
CHULA VISTA TRACT 85-2
See page 1.
City Council Meeting - 13 - January 8, 1985
9. ORAL COMMUNICATIONS (None)
CONSENT CALENDAR
Councilman Scott asked to pull Item No. 14 from the Consent Calendar.
MSUC (Scott/Cox) to approve the Consent Calendar (Items 10,11,12,13,15,16)
10. RESOLUTION 11897 APPROVING AGREEMENT BEll~EEN THE CITY OF CHULA VISTA
AND RICHARD QUICK FOR CONSULTANT SERVICES TO PERFORM
FINGERPRINT EXAMINATION AND CLASSIFICATION (Di rector
of Public Safety)
On December 28, 1984, Sergeant Richard Quick retired from the Chula Vista
Police Department after 34 years of service. Sgt. Quick is a criminal court
certified expert in the examination, classification, and comparison of latent
fingerprints. He is being replaced by a civilian Evidence Technician who will
not, initially, have the same level of fingerprint expertise as that possessed
by Sgt. Quick.
In order to maintain this critical link in the department's ability to solve
significant crimes, staff recommended authorization to contract with Sgt.
Quick to perform this function. He will only be utilized in crimes of
violence or property crimes with a significant loss. The rate of pay will be
a flat $25 per hour.
lla. RESOLUTION 11898 DETERMINING THAT THE DEVELOPMENT OF THE BAYFRONT
TROLLEY STATION WILL BE A BENEFIT TO THE BAYFRONT
REDEVELOPMENT PROJECT AREA (Community Development
Director)
b. RESOLUTION 11899 DETERMINING THAT NO OTHER REASONABLE MEANS OF
FINANCING THE BAYFRONT TROLLEY STATION ARE PRESENTLY
AVAILABLE TO THE CITY
At the meeting of December 20, 1984, the Redevelopment Agency approved the
resolutions and appropriated funds for the development of the Bayfront trolley
station. State Community Redevelopment Law requires that the use of Agency
funds to develop a project which will be publicly owned be approved by both
the Agency and the City Council.
The City Council is requested to concur in the Agency's findings that the
project will provide substantial benefits both to the Bayfront Redevelopmerit
Project Area and the immediate neighborhood in which the station is located,
and that there are presently no other reasonable means for financing the
development of the station.
Funds for the subject project were included as part of the $25 million Agency
Tax Allocation Note of 1984. The total City share of the project is estimated
at $1,708,500, of which $1,561,500 will be provided by Agency funds.
City Council Meeting - 14 - Janua~ 8, 1985
12. RESOLUTION 11900 APPROVING MODIFIED AGREEMENTS WITH SAN DIEGO REGIONAL
CENTER FOR THE DEVELOPMENTALLY DISABLED, COMMUNITY
TRANSIT SERVICES, INC., AND THE ASSOCIATION FOR
RETARDED CITIZENS OF SAN DIEGO FOR COORDINATED
TPd~NSPORTATION SERVICES AND AMENDING ELDERLY AND
HANDICAPPED TP~ANSPORTATION BUDGET AND APPROPRIATING
FUNDS FOR INCREASED SERVICES (Director of Public
Works/City Engineer)
There are two major changes to the transportation Scope of Services: an
expansion of service to 'add an additional lO clients per day, bringing the
total carried to 63; the City, through CTS, would provide two vehicles for
this service, and Starlight Center would provide one vehicle. In September
1984, Transit staff submitted a new rate proposal to the State of California
Department of Developmental Services through Regional Center to reflect the
modified Scope of Services. A rate of $1.70 per mile was approved by the
State recently.
The increased cost of this transportation service for a six-month period is
approximately $12,300 more than the annual budgeted amount of $48,100
contained in Account 236-2360-5298 (Other Contractual Services). Therefore,
it is necessary to amend Account 236-2360-5298 from $48,100 to $60,400 to
reflect the increased cost for this changed Scope of Service for the remainder
of FY 1984-85.
13. RESOLUTION 119~ AUTHORIZING THE SEVENTH AMENDMENT TO THE SAN DIEGO
ASSOCIATION OF GOVERNMENTS JOINT POWERS AGREEMENT
{Assistant City Manager)
On December 18, 1984, the County Board of Supervisors voted to rejoin SANDAG
based upon certain understandings reached between the Board of Supervisors and
the SANDAG Board. Section 8d of the current Joint Powers Agreement would be
amended to provide a 60% weighted vote of member agencies of SANDAG to
supersede a position taken by the County with regard to specific federal
categorical grant programs. This would be subject to Clearing House review
and with regard to other matters which are statutorily subject to the specific
and exclusive jurisdiction of the County wi thin the region. The By-Laws would
then be amended to include the list of federal categorical grant programs
where the 60%weighted vote would be required.
Mayor Cox stated the County has taken the position that they have jurisdiction
for an entire region, they should have the regional responsibility - this was
one of the concessions made by the negotiating committee. If they have direct
responsibility for air and water pollution controls there should to be more
'weight' given to the County on those issues.
City Council Meeting - 15 - January 8, 1985
15. ORDINANCE 2097 AMENDING SECTION 10.62.010 B OF THE MUNICIPAL CODE
RELATING TO BAIL FOR PARKING COMPLAINTS - SECOND
READING AND ADOPTION (City Attorney)
This ordinance was placed on first reading at the meeting of January 3, 1985.
It increases the amount of bail required for parking violations from $22 to
$30 and shows the increase for parking in handicapped areas required by state
law as $50 with a $3 administrative fee for Department of Motor Vehicles.
16. ORDINANCE 2098 AMENDING CHAPTER 2.60 OF THE MUNICIPAL CODE RELATING
TO LOST AND STOLEN PROPERTY - SECOND READING AND
ADOPTION (City Attorney)
This ordinance was placed on first reading at the meeting of January 3, 1985.
The Civil Code provides that the City may acqui re unclaimed property pursuant
to local ordinance upon compliance with the holding period and notice
provisions of the Code. Therefore, this amendment provides authority within
the Chula Vista Municipal Code for the acquisition of unclaimed property by
the City.
End of Consent Calendar
RESOLUTIONS AND ORDINANCES
14. ORDINANCE AMENDING SECTION 2.28.020 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING FUNCTIONS AND DUTIES OF THE BOARD OF ETHICS
FIRST READING (City Attorney)
The Board of Ethics met on June 4, September 14 and November 16, 1984 in order
to discuss whether there is any present or future need for the Board to
continue to operate given the fact that many of their former duties have been
taken over by the Fair Political Practices Commission.
It was the concensus that the Board served a useful role in the past because
it gave persons accused of wrongdoing an opportunity for a speedy hearing on
an issue and a chance to rebut any charges.
Councilman Scott noted the requirements and guidelines as designated by the
Fair Political Practices Commission (FPPC) in effect and questioned the reason
for the Committee. Councilwoman McCandliss suggested a joint meeting of
Council and Board of Ethics to define ethical behavior. She questioned a
portion of the ordinance which stated: "to render advisory opinions either on
request or on its own initiative" and expressed concern that the community
have some "body" available to air its concerns. Councilman Malcolm
recommended that the City Attorney or City Manager contact other cities and
the FPPC to see if they have this type of Committee.
MSUC (McCandliss/Scott) to continue this matter to a combined meeting of the
Board of Ethics and City Council - date to be determined.
Councilman Malcolm suggested a member of the FPPC and the District Attorney's
office be invited to the meeting.
! IT
City Council Meeting - 16 - January 8, 1985
17. ORDINANCE 2096 AMENDING SECTION 15.04.010 AND ADDING SECTION
15.04.092 RELATING TO MASS GRADING ON LARGE PROJECTS
TO TITLE 15 OF THE CHULA VISTA MUNICIPAL CODE - SECOND
READING AND ADOPTION {Director of Planning/Director of
Public Works/City Engineer)
This ordinance was placed on first reading at the meeting of December 18,
1984. The ordinance pennits mass grading approval subject to certain
conditions.
Director of Public Works/City Engineer Lippitt reported that in checking with
several cities, San Diego and the County they do not have a mass grading
approval process prior to issuance of a tentative map. They allow grading
prior to final map but not the tentative map. Once Council approves the SPA
plan, all other approvals (except for final map) are approved at staff level.
In EastLake, the normal process is for the developer to get the SPA approved.
Once tentative maps are approved, the final map goes before the Council.
The proposal is that staff will know what the total development will be
regarding land use but not the location of each individual lot. That is why
they are recommending mass grading approval and not a final approval. The
permit will have to be granted by the City Council. The developer will have a
special agreement to different conditions (erosion control, hold-harmless,
retention basis and various other conditions) on the map after the mass
grading has been approved.
Mr. Bob Santos representing the EastLake Development Company explained the
crucial time element involved in developing their properties.
Council discussion followed regarding planning permit given with tract
approval; developer to submit plans early for City review; processing grading
plan concurrently; time frame involved for project completion (of EastLake);
whether a new ordinance is really required; loss of City's flexibility or
control by authorizing approval request by the developer to start grading as
soon as map is approved; suggestion to grade plans along with SPA plan and not
have it reviewed by Council; request for final grading plan as soon as
possible (by developer).
MSUC (Malcolm/Moore) to authorize staff to accept any grading plans submitted
by the EastLake Company for their review provided the proper fees are
deposited with staff for full-cost recovery.
MSUC (Scott/Moore) to file this ordinance.
18. REPORT COUNCIL REFERRAL CONCERNING "REQUEST FOR CREATIVE
SUGGESTIONS AS REGARDS THE TRAFFIC PROBLEMS ON THIRD
AVENUE BETWEEN "E" AND "G" STREETS (Continued from
the meeting of December 18, 1984) (Safety Commission)
" City Council Meeting - 17 - January 8, 1985
The Director of Public Works/City Engineer recommended Council:
(1) Not consider reducing Third Avenue to two lanes between "F" and "G"
Street. Before any action is taken to reduce the number of lanes on
Third Avenue, a substantial study should be conducted to predict the
impact both to the Downtown business district and the surrounding
streets as a result of this action. Because of vacancies and a heavy
workload in the Traffic Engineering Section, a study such as this
cannot be completed by the City staff for several months.
(2) The issues of installing the protected 1 eft-turn green arrows at "E"
Street/Fourth Avenue be referred to the CIP Committee for
consideration in the upcoming 5-year Capital Improvement Program.
MS (Moore/Scott) to accept staff recommendations 1 and 2.
Mike Mace, 345 Third Avenue, Chula Vista, said he witnesses accidents and near
accidents throughout the day because of the high speeds of vehicles and
recommended a study be made of the area.
Neik Slijk, representing the Chamber of Commerce, stated the Chamber disagrees
with staff and Safety Commission findings. The people from Fredericka Manor
and Congregational Towers have difficulty crossing the intersections.
Mr. Slijk requested Council reduce the lanes from two to one lane each way and
survey the pedestrians from Fredericka Manor and Congregational Towers along
with the resident traffic.
SUBSTITUTE MOTION
MSUC (Cox/McCandliss) to approve second item of the staff recommendation: to
refer the item to the CIP Budget Committee to hold off action and not consider
reducing the traffic 1 anes until after the Council tour on February 2nd.
19. REPORT OF THE CITY MANAGER
a. City Manager Goss stated the staff report on the encroachment permit on
Sage View Way will be scheduled for the last meeting of the month.
b. City Manager Goss announced the EastLake P1 an was scheduled to come before
the Council on January 22; however, United Enterprises has requested a
continuance. Mr. Goss recommended holding a hearing on the SPA Plan for
EastLake on the 5th Tuesday of January (January 2g).
MSC (Cox/Moore) to hold a meeting for EastLake on the 5th Tuesday in January
(January 29). (Councilman Malcolm opposed)
c. Mr. Goss informed Council of the Workshop scheduled on Saturday,
January 12, from 8:30 a.m. to 12 noon regarding goal-setting.
City Council Meeting - 18 - January 8, 1985
REPORTS OF OFFICERS AND DEPARTMENT HEADS
20. REPORT REFUNDING OF SEWER SERVICE CHARGES (Director of Public
Works/City Engineer)
Mr. Edgar Rulloda appealed to the Council to refund the sewer service charges
he has paid since purchasing his property at 151 "E" Street in 1976. In 1977,
the Council approved Ordinance No. 1774 regarding the City's sewer service
charges which
a) raised the monthly service charge from $1.50 to $2.25 and;
b) exempted the owners of properties which were not connected to public
sewer from paying the monthly sewer service charges.
If a customer suspected that his property was not connected to the public
sewer, the City would do a dye test. The maximum refund was limited to
90 days of service charges.
Director of Public Work/City Engineer Lippitt maintained that inasmuch as the
Council has previously denied refunding charges paid prior to the adoption of
7
Ordinance 1 74, the most which may be returned to Mr. Rolloda would be from
January 1978 to the present. Subtracting the $34.40 already paid to him, he
could receive $310.50. However, to do this, Ordinance 1774 would have to be
amended to delete the 90-day maximum. Another important inclusion in the
amendment would be for the applicant to provide evidence he or she is the
person who paid these charges. The staff, therefore, is recommending denial
of the request,
MSUC (Cox/Scott) to continue this item until Mr. Rolloda has been contacted in
order to respond.
Councilman Moore requested a staff report on a revised policy regarding sewer
connections.
21. MAYOR'S COMMENTS
a. Mayor Cox commented on the Council Conference to be held Saturday (January
12) and the request to rank individual goals and get them back to the City
Manager by Thursday (January lO).
b. Mayor Cox requested a list of applicants (from Councilmembers) for the
five nominees for the Board of Ethics,
~. Mayor Cox discussed the report from the Director of Building and Housing
regarding remodeling of the north wing of the City Hall. The City Manager
will be advertising for the bids in the next few days.
d. MSUC (Scott/Cox) for Closed Session for litigation regarding City of Chula
Vista vs. Marina Motor Motel and the Sierra Club vs. California Coastal
Commission.
City Council Meeting - 19 - January 8, 1985
22. COUNCIL COMMENTS
a. Councilman Malcolm noted the 9ymnasium was not open during the Christmas
vacation and commented the City is not providing adequate services to the
youth. He requested staff do something about this Ito keep the gymnasium
open during holidays).
b. Councilman Malcolm commented on radar dishes in the City and requested an
ordinance be put on the books immediately.
MSUC (Malcolm/Scott) to have an ordinance regulating dish antennae at the next
Council meeting.
c. MSUC (Malcolm/Scott) staff to brin9 back a report on what is going to be
done regarding the signs on "E" Street (incl udin9 Broadway).
d. Councilman Moore questioned when the first meeting for the Navy Housing
Task Force is scheduled. Director of Planning Krempl stated letters went
out to set an appropriate time and place and it is being proposed for the
last week in the month pending availability of a Navy representative to be
present.
The Council recessed to Closed Session at 11:30 p.m. The City Clerk was
excused. The City Manager reported the session ended at 11:55 p.m.
ADJOURNMENT AT 11:55 p.m. to the Council Conference of January 12, 1985 at
8:30 a.m. and to the regular City Council meeting scheduled for January 15,
1985 at 7:00 p.m.
City C1 erk
WPG: 0568C
PAG