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HomeMy WebLinkAboutcc min 1986/12/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, December 2, 1986 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Councilmembers McCandliss, Malcolm, Nader, Moore MEMBERS ABSENT: Mayor Cox STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant City Manager ~smus In the absence of Mayor Cox, Mayor pro Tempore Moore presided over the meeting. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER 1. APPROVAL OF MINUTES None. 2. SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (3a 5) Items pulled: 3a MSUC (Malcolm/McCandliss) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR WAIVER OF MAJOR USE PERMIT AND INITIAL STUDY FEES (Continued from meeting of November 25) Rev. Warren J. Clewis, Woodlawn Park Church of God in Christ, 124 Spruce Drive, Chula Vista, CA Pulled from Consent Calendar. D. CLAIMS AGAINST THE CITY Toni & Scott Burgett, c/o Jan Buddingh, Jr., 1200 Third Avenue, Ste. 1524, San Diego, CA 92101-41,~ On November 11, 1986, a claim in the amount of $300,000 was filed by Mr. & Mrs. Scott Burgett alleging their two-year old daughter's death was due to dislodging an oxygen intubation tube by Chula Vista Fire Department personnel during resuscitation efforts when the child was recovered from a back yard family pool. The City Manager recommended this claim be denied. Minutes 2 - December 2, 1986 c. REQUEST FOR RECONVEYANCE OF PROPERTY DEEDED TO THE CITY Joseph Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Road, Chula Vista, CA 92010 City Manager Goss noted Council received a similar request from Southwestern College on September 16, 1986 at which time the request was referred to staff for a report and recommendation. In the previous letter requesting reconveyance of the property, the Superintendent suggested the College's willingness to provide land for ~ period of up to 5 years at the northwest corner of Otay Lakes Road and East "H" Street for development of a youth soccer field. Staff is working on that previous referral and should be ready to report back to the City Council within the next 30 days. 4. RESOLUTION 12835 ACCEPTING RIGHT OF ENTRY PERMIT FROM METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ACCESS TO THE NATURE/INTERPRETIVE CENTER (Community Developme~t Director) The Chula Vista Investment Company has provided the City an easement across their Bayfront property for access to the Nature Interpretive Center site via "E" Street. Access rights are now obtained from MTDB (railroad right-of-way) to cross their property and underlying easement adjacent to "E" Street and Bay Boulevard. The agreement is of a temporary nature to allow ingress and egress until final street improvement requirements are determined which will permit formal application for permanent ingress and egress rights. The City's Risk Manager has determined that the City can provide a certificate of insurance in the amounts required by the permit. After review of this document, the City Attorney stated the liability of this permit extends not only to damages caused by negligence of the City but would also cover damages due to negligence of MTDB where City employees or invitees are injured. 5. REPORT ON DISTINCTIVE VEHICLES TO OPERATE ON CHULA VISTA TRANSIT (CVT) ROUTES SERVING THE DOWNTOWN AND BAYFRONT AREAS (Directo~ of Public Works/City Engineer) Director of Public Works/City Engineer Lippitt referred to the written report explaining that the SCOOT Board and City Council requested Transit staff to investigate the feasibility of acquiring distinctive vehicles for CVT to operate on Route 706 (the Downtowner) and on a new route to serve the Chula Vista Bayfront. The vehicle type for consideration is a "trackless trolley," a rubber tire vehicle that is designed to resemble a street car similar to those operated during the early part of this century. In addition, the Chula Vista Downtown Association requested the City to pursue the acquisition of trackless trolley vehicles for Route 706. Minutes - 3 December 2, 1986 This report discusses the following related to purchasing trackless trolleys to operate on Route 706 and in the Bayfront area: an overview of vehicle designs; proposed routing; operating and capital costs; and issues for consideration. The recommendation is for staff to pursue further the acquisition of trackless trolleys. The estimated cost to purchase 4 trackless trolleys is between $400,000 and $600,000 depending on the specific manufacturer. The Chula Vista Capital ReserVe account currently has a fund balance (through June 30, 1986) of 91,045,028, and it is estimated that the fund balance will be ~1,450,000 at the end of this fiscal year (June 30, 1987). END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 6. PUBLIC HEARING APPEAL FROM PLANNING COMMISSION DECISION TO DENY A MODIFICATION TO AND CONDITIONALLY REVOKE CUP PCC-84-23 FOR THE OPERATION OF TitE C~BRILLO SCHOOL OF NURSING AT 713 BROADWAY (Continued from meeting of November 18, 1986) (Director of Planning) RESOLUTION 12836 GRANTING THE APPEAL FROM THE DECISION OF THE PLANNING COMMISSION TO DENY A MODIFICATION TO AND CONDITIONALLY REVOKE CONDITIONAL USE PERMIT PCC-84-23 This being the time and place as advertised, Mayor pro Tempore Moore declared the public hearing open. Director of Planning Krempl stated that the Cabrillo School of Nursing has filed an appeal from the decision of the Planning Commission to deny their request to increase on-site enrollment from 30 to 50 students and to conditionally revoke their Conditional Use Permit PCC-84-23 to operate the school at 713 Broadway. This item was continued from the meeting of November 18, 1986, in order to allow staff the opportunity to evaluate last-minute informatlon provided to the Council by the appellant regarding the provision of additional parking for the school. His recommendation was that Council grant the appeal from the decision of the Planning Commission and thereby nullify the revocation and approve the modification to C~i,ditional Use Permit PCC-84-23 subject to a number of conditions. Minutes - 4 - December 2, 1986 Staff recommended approval of the off-site parking use for a period of six months. If at that time (April 1987), the school has not relocated, it would then be appropriate to require upgrading the off-site lot and a binding agreement for the permanent use of the space or a reduction in enrollment back to 30 students. There being no puDlic testimony either for or against, the hearing was closed. RESOLUTION OFFERED BY MAYOR PRO TEMPORE MOORE, the reading of the text was waived by unanimous consent, passed and approved unanimously. (Councilman Malcolm left the meeting at this time, 4:30 p.m.) 7. PUBLIC HEARING PCZ-87-G CONSIDERATION TO PREZONE APPROXIMATELY 3 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF MEDICAL CENTER DRIVE AND MEDICAL CENTER COURT VISTA HILL FOUNDATION (Director of Planning) ORDINANCE 2177 APPROVING THE PREZONING OF 3 ACRES AT THE SOUTHEAST CORNER OF I~EDICAL CENTER DRIVE AND MEDICAL CENTER COURT FROM RS4 TO C-O-P - FIRST READING This being the time and place as advertised, Mayor pro Tempore Moore declared the public hearing open. Director of Planning Krempl reported that the applicant will be filing an application with the Local Agency Formation Commission (LAFCO) to annex the subject property located in the County of San Diego and within the boundaries of the Sphere of Influence of the City of Chula Vista sometime after the prezoning is approved by the City. LAFCO requires the area to be prezoned before an annexation application may be processed and c~nsidered. An Initial Study IS-87-27, a review of the possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on October 24, 1986 who concluded there would be no significant environmental effects and issued the Negative Declaration. Staff concurred with the recommendation of the Planning Commission for Council to enact an ordinance to prezone the 3 acres from county RS4 to City C-O-P zoning in accordance with Planning Commission Resolution PCS-87-G. There being no public testimony either for or against, the hearing was closed. Minutes 5 - December 2, 1986 MSUC (McCandliss/Nader) to place the ordinance on first reading; the reading of the text was waived by unanimous consent, passed and approved unanimously. (Mayor Cox and Councilman Malcolm aDsent.) 8. PUBLIC HEARING PCZ-87-D - CONSIDERATION TO PREZONE APPROXIMATELY 111 ACRES LOCATED 1/2 MILE EAST OF THE 1-805 FREEWAY ON THE SOUTH SIDE OF TELEGRAPH CANYON AND AT THE EASTERLY TERMINUS OF EAST NAPLES STREET - GREAT AMERICAN DEVELOPMENT COMPANY AND CITY OF CHULA VISTA (Director of Planning) ORDINANCE 2178 PREZONING 111 ACRES LOCATED 1/2 MILE EAST OF THE 1-805 FREEWAY ON THE SOUTH SIDE OF TELEGRAPH CANYON ROAD AT THE EASTERLY TERMINUS OF EAST NAPLES STREET - FIRST READING This being the time and place as advertised, Mayor pro Tempore ~oore declared the public hearing open. Director of Planning Krempl referred to his written report and showed transparencies explaining this item involves the prezoning of three contiguous areas constituting approximately 111 acres: The first area involves approximately 100 acres located one-half mile east of the 1-805 freeway on the south side of Telegraph Canyon Road and bisected by Medical Center Drive for prezoning from RS4 (County: single family residential/4 dwelling units per acre) to R-l-P-4 (City: single family residential/precise plan/4 dwelling units per acre). The City has included within this public hearing the consideration of prezoning two additional areas contiguous to the 100 acres. The first contiguous area involves approximately 10 acres located directly to the northeast of the easterly terminus of East Naples Street proposed for prezoning from RS4 (County: single family residential/4 dwelling units per acre) to R-l-10 (City: single family residential/10,000 sq. ft. minimum lot size). The second contiguous area consists of 1.32 acres located adjacent to Telegraph Canyon Road and directly to the northeast of the 10 acre area and is proposed for prezoning from RS4 (County: single family residential/4 dwelling units per acre) to R-l-P-4 (City: single family residential/precise plan/4 dwelling units per acre). An Initial Study, IS-87-19, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on October 24, 1986 who concluded there would be no significant environmental effects and recommended the Negative Declaration be adopted. Minutes - 6 December 2, 1986 Staff concurred with the recommendation of the Planning Commission to approve the prezonings. Councilwoman McCandliss stated her concern that (1) Telegraph Canyon Road is a scenic roadway and that the City should do everything possible to maximize that northern section (top of the ridge) and duplicated on the southern side of the road; and, (2) she is concerned with the amount of cut and fill which may be required for the development. She would like to see the City take a position to have the developer minimize the grading and to develop it as close to the existing topography as possible. She asked whether a statement of philosophy could L~ made on this. Director of Planning Krempl stated he will pass these comments on to the developer; the staff also is concerned with the scenic route of Telegraph Canyon Road and will be working closely with the developer to get him to develop close to the natural vegetation with minimum grading as possible. Mr. Doyle Hipps, 605 East Naples, asked that the prezoning be made permanent at this time so' that the developer would not come back at a later time and request zoning for multiple family use. City Attorney Harron stated that the City Council cannot have an irrevocable zoning because that would be restricting future police powers. Mr. John Ochsner, Vice President, Great American Development Company, 600 B Street, Ste. 700, San Diego, stated he is the Project Manager working with Don Gardner and will answer any questions; they agree with all the staff recommendations; they want to Dring this area into the City and are planning to develop a planned community which the City will be proud of. There being no further testimony either for or against, the public hearing was closed. MSUC (Moore/Nader) to place the ordinance on first reading; the reading of the text was waived by unanin,o~s consent, passed and approved unanimously. (Mayor Cox and Councilman Malcolm absent.) MSUC (McCandliss/Moore) for staff to provide a general statement of philosophy expressing the City Council's interest in having and encouraging the developer to maximize the benefits of the scenic quarter along Telegraph Canyon Road and to encourage the developer to minimize the grading taking into consideration the overall topography of the land in preparing the precise plan. Minutes - 7 - December 2, 1986 9. PUBLIC HEARING APPLICATION FOR COASTAL DEVELOPMENT PERMIT BY DIXIELINE LUMBER COMPANY (Community Development Director) RESOLUTION 12837 AUTHORIZING THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT FOR DIXIELINE LUMBER COMPANY GRADING PLAN This being the time and place as advertised, Mayor pro Tempore Moore declared the public hearing open. Community Development Director Desrochers explained that Dixieline Lumber Company, owners of the property located at the northwest corner of Fifth Avenue and "C" Street, propose to grade and fill their site which is located within the boundaries of the coastal zone. A grading plan was approved by the City Engineer and a Negative Declaration, IS-85-59, was issued for the proposal. A coastal development permit application has been reviewed subject to conditions and is recommended to be approved. The recommendation was that Council-approve and find that the proposed project is consistent with and adequate to carry out the policies of the certified Chula Vista Local Coastal Program, and authorize the issuance of a Coastal Development Permit for said proposal subject to the conditions of said resolution. Director Desrochers added that the Coastal Commission concurs with staff recommendation asking that they be assured that fences will be installed before the grading and that a new plant species found in the area will be adequately protected. There being no public testimony either for or against, the hearing was closed. RESOLUTION OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was waived by unanimous consent, passed and approved unanimously. 10. ORAL COMMUNICATIONS None. PULLED ITEMS 3. ~ITTEN COMMUNICATIONS a. REQUEST FOR WAIVER OF MAJOR USE PERMIT AND INITIAL STUDY FEES (Continued from meeting of November 25) - Rev. Warren J. Clewisf Woodlawn Park Church of God in Christ, 124 Spruce Drive, Chula Vista, CA. Minutes - 8 December 2, 1986 Council continued this request to this meeting for staff to investigate further the number of non-profit organizations granted waivers of fees in the past, as well as explore a policy whereby church organizations might be considered for such waivers dependent upon such factors as providing certain community services and meeting perhaps some financial criteria. City Attorney Harron submitted his opinion to the Council stating it was constitutionally impermissible for a City to adopt a policy to waive building fees for religious organizations only. It may however, be permissible to adopt a policy which authorizes the waiver of fees for a broader category of humanitarian organizations which would indirectly benefit religious organizations but than this policy would have to be consistently applied and may result in waivers being granted to organizations which the City would not wish to support. In answer to Councilwoman McCandliss' question~ Attorney Harron stated it would be possible to reimburse the church for the waiver of fees if, at a later time, the Council adopted such a policy. Mayor pro Tempore Moore remarked that to grant this waiver for a church would be setting a trend. Reverend Warren Clewis, in answer to Councilman Malcolm's question, responded that the intent of the building would be to use it for community purposes and not strictly for religious purposes. Prior to the building of the Woodlawn Community Center, the church always provided rooms for community meetings. Councilman Malcolm said he is supporting the request for waiver on the basis that that community has not been well served by the County of San Diego and support should be given to them. Councilman Nader agreed, stating that he will not vote to deny the waiver simply because the applicant is a church; however, he feels it should be based on the same criteria as other requests coming to the Council. The fact that they will be providing a benefit to the community is justification for the waiver. Councilwoman McCandliss remarked that the Council must keep in nlind they are not dealing strictly as individuals - they must look at this as the law separating the church and State and be sure the facility will serve and benefit the community. MSC (Malcolm/Nader) to waive the major use permit fee and the initial study fee. Minutes 9 - December 2, 1986 Mayor pro Tempore Moore spoke against the motion, indicating he cannot support it because, (1) it does not satisfy the priority policy established by the Council whereby community promotion funds are considered at budget time and, (2) if there is any doubt that Council is violating the law in the use of the public funds, then they should find a legal way, such as improving Spruce Road (curbs, gutters and sidewalks). The motion carried with Mayor pro Tempore Moore voting MSUC (McCandliss/Malcolm) to refer to staff the question of bringing back a policy for waiver of fees for land use and non-profit organizations. Reverend Clewis complained of the adjacent church property which has 12 horses creating a health problem (flies, etc.) and asked Council if they could do anything about it. City Manager Goss stated that the health officer will be informed and he will have the Zoning Enforcement Officer look into it. 11. REPORT OF THE CITY MANAGER a. City Manager Goss submitted a memo to the Council listing the areas to be viewed on their tour scheduled for Saturday, December 6 beginning at 8 a.m. at the Civic Center Plaza. b. City Manager Goss introduced Tom Garibay, the new Deputy Director of Public Works. 12. MAYOR'S REPORT None. 13. COUNCIL COMMENTS a. Councilwoman McCandliss referred to an article in the San Diego Union concerning the United Enterprises proposed development. She said she was "distressed" to read comments by their Attorney, Michael Spata, that "Chula Vista officials will be invited to participate in discussion on development but that planning and development are like "apples and oranges." She found this statement irresponsible, noting that the entire proposal should be built on a good planning foundation. As a City, the Council needs to move away from the attitude that they may say or do something to jeopardize that relationship with United Enterprises because on a planning level, that relationship is not there and the City should be involved in that planning process. Minutes - 10 - December 2, 1986 Mayor pro Tempore Moore stated he was quite upset the day the LAFCO Board voted to leave out that 10,000 acres, stating it was not in the City's Sphere of Influence. He added that perhaps the City should try to change its Sphere of Influence with LAFCO. Director Of Planning Krempl explained that this special study area designation does not apply to LAFCO staff initiating any further study in conjunction with the City's General Plan update which includes this area. City Manager Goss commented that even if it is within the City's Sphere of Influence, United Enterprises could still develop under County zoning. MSUC (Nader/Moore) for staff to come back with a report regarding re-initiating the request to include the United Enterprises area in the City's Sphere of Influence. This report is due in 2 to 4 weeks. b. Mayor pro Tempore Moore commented that the Mayor rode buses similar to the trolley buses being discussed on tonight's agenda. The Mayor is in San Antonio attending the ~]ational League of Cities Conference. c. Councilman Nader said he was contacted by a representative of the United Nations Committee in San Diego. The first Earth Run and Global Torch Relay for Peace ~.~ill re-enter the United States from Mexico on Friday, December 5 at a.pproximately 3 p.m. and will be at Chicano Park at 4 p.m. ADJOURNMENT AT 5:10 p.m. to the Council Tour on December 6 at 8 a.m. and to the meeting of December 9, 1986 at 7 p.m. .-~ity Cl~rk 0925C