HomeMy WebLinkAboutcc min 1986/12/09 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 9, 1986 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm (arrived
late), Nader, Moore
MEMBERS ABSENT: Councilwoman McC~ndliss
STAFF PRESENT: City Manager Goss, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of November 25 and
December 2, 1986.
MSUC (Moore/Nader) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY None.
3. CONSENT CALENDAR (3a - 13)
Items pulled: 3b, 3e, 3f, 4, 5, 6 and 7 deleted, 11.
MSUC (Moore/Nader) to approve the Consent Calendar.
WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY - Mary Ann Garcia, Stella Inchurrique,
Stella Juanita Trejo, Michael James Trejo, Jr., c/o Gregory Ro
Vannie, Esq., 1100 East Green Street, Pasadena, CA 91106-2506
The claimants filed a claim in the amount of ~1,000,000
alleging the suicide death of Michael Trejo, in the jail of
the Chula Vista Police Department, was caused by a lack of
supervision by Police personnel.
MSUC (Moore/Nader) to deny the claim.
Minutes 2 December 9, 1986
b. CONCERNS REGARDING LEGISLATIVE ACTION RELATIVE TO CLEAN ~ATER
- Scott Rathbun, 1597 Olive Avenue, Chula Vista 92011; Philip
Margallo, 817 Eta Street, #1007, National City 92050
Pulled from Consent Calendar.
c. CONCERN REGARDING HOMELESS IN THE CITY - Tina Nazareno, 840
Third Avenue, #103, Chula Vista 92011
The City Manager recommended that staff prepare a letter for
the Mayor's signature to Ms. Nazareno informing her of the
Social Services study being undertaken, and that the Task
Force will be dealing with hers, as well as other issues which
impact the various social services provided in the City. She
will be invited to attend the first meeting of the Task Force
set for December 17, 1986.
MSUC (Moore/Nader) to accept staff's recommendation.
d. CONCERN REGARDING STREET IMPROVEMENTS/STREET SWEEPING - Tom
Curtin, 108 Teal Street, Chula Vista 92011
The City Manager recommended that a letter be prepared for the
Mayor's signature to Mr. Curtin, setting forth the City's
street repair and street cleaning programs and suggesting to
Mr. Curtin that if he wishes to pursue the subject further, he
provide staff with more specific details regarding his
concerns.
MSUC (Moore/Nader) to accept staff's recommendation.
e. REQUEST FOR PERMITS TO BE ISSUED AT EASTLAKE TRACT 84-9, UNIT
18, PHASE 3 J. J. Johnston, Vice President/Operation Brehm
Communities, 2835 Camino del Rio South, Suite 220, San Diego
CA 92108-3882
Pulled from Consent Calendar.
f. ONE PARK LIMITED - PROTEST TO SCHOOL MITIGATION FEES - Michael
Cowett, 2255 Camino del Rio South, San Diego, CA 92108
Pulled from Consent Calendar.
4. RESOLUTION APPROPRIATING THE SUM OF ~2,040 FOR A
PC-80 READER/PRINTER (City Clerk)
Pulled from Consent Calendar.
Minutes - 3 - December 9, 1986
5. RESOLUTION APPROPRIATING ~2,500 FROM THE
-. UNAPPROPRIATED BALANCE OF THE GENERAL FUND
TO HELP FUND THE SAIL AMERICA ENTRY IN THE
AMERICA'S CUP COMPETITION (Deputy City
Manager)
Pulled from Consent Calendar.
6. RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS
UNDER THE COMMUNITY PARKLANDS ACT OF 1986
FOR HILLTOP PARK IRRIGATION SYSTEM
RENOVATION, PARKWAY POOL & GYM LOCKER ROOM
RENOVATION AND TERRA NOVA PARK TOT LOT
DEVELOPMENT (Director of Parks &
Recreation)
This item was deleted from the Agenda.
7. RESOLUTION DESIGNATING CERTAIN REAL PROPERTIES AS
BEING INCLUDED ~;ITHIN AN AMENDED SURVEY
AREA FOR REDEVELOPMENT CONSIDERATION; AND
DIRECTING STAFF, THE PLANNING COMMISSION,
AND REDEVELOPMENT AGENCY TO CONDUCT THE
NECESSARY PUBLIC HEARINGS AND PREPARE THE
NECESSARY REPORTS FOR CONSIDERATION AND
ADOPTION OF AN AMENDED TOWN CENTRE II
._ REDEVELOPMENT PROJECT AREA AND PLAN
(Community Development Director)
This item was deleted from the Agenda.
8. RESOLUTION 12839 ACCEPTING BIDS AND AWARDING CONTRACT FOR
"PHASE XVII STREET IMPROVEMENTS AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA,
CALIFORNIA" (Director of Public Works/City
Engineer)
On November 19, 1986, Director of Public Works/City Engineer
Lippitt received sealed bids for the project consisting of
constructing various public improvements adjacent to fourteen (14)
separate parcels. The work includes removal and disposal of
existing improvements, excavation and grading, asphalt concrete
pavement, base, curb and gutter, sidewalk, sidewalk ramp,
driveways, and traffic control.
TO reduce the fiscal impact on the City, Director Lippitt proposed
upon completion of the work and confirmation of the assessment
that bonds be sold. Proceeds from the bonds will reimburse the
City for any cash advancements made to cover the property owners'
share of the cost of the improvements. Costs will be assessed on
the basis of Council Policy 505-01. These budgeted funds could
then be used for other proceedings throughout the City.
Minutes - 4 - December 9, 1986
His recommendation was for Council to accept bids and award
contract to Silver Strand Contractors (low bidder), San Diego in
the amount of ~82,004.50.
9. RESOLUTION 12840 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND UNION ICE COMPANY TO
PROVIDE SNOW AND HOLDING UNION ICE COMPANY
HARMLESS (Director of Parks & Recreation)
The City's Annual Christmas Tree Lighting Ceremony will be held
in Memorial Bowl at 7 p.m., Thursday, December 11, 1986.
The Union Ice Company requires th City to execute an agreement for
the service. The Agreement includes a clause holding the company
harmless for any damages to City property or individuals resulting
from the delivery of snow.
The anticipated cost of the Christmas Tree Lighting Ceremony will
be approximately $5,000 which has been allocated in the
Non-Departmental Budget.
10. RESOLUTION 12841 AMENDING SECTION 19.14.590 OF THE MASTER
FEE SCHEDULE BY ADDING A PROVISION
SPECIFYING THE FEE FOR APPEALS BROUGHT
PURSUANT TO SECTION 10.84.020 OF THE CHULA
VISTA MUNICIPAL CODE (Deputy City Attorney)
Section 19.84.020 of the City Code specifies where persons can
park a vehicle, vacation trailer, camping trailer, boat, boat
trailer, camper or recreational vehicle on private property. If
an individual cannot comply with the parking criteria specified in
the section, the Zoning Administrator can consider alternate
locations (without fee). This amendment authorizes a minimum
appeal fee of $25 from decisions of the Zoning Administrator to
the Pla~ning Commission and City Council.
11. ORDINANCE 2176 AMENDING CHAPTERS 10.52, 10.84, 19.58,
19.62 AND 19.70 RELATING TO COMMUNITY
APPEARANCE AND PARKING SECOND READING &
ADOPTION (Director of Planning)
Pulled from Consent Calendar.
12. ORDINANCE 2177 AMENDING THE ZONING MAP OR MAPS
ESTABLISHED BY SECTION 19.18.010 OF THE
CHULA VISTA MUNICIPAL CODE PREZONING 3
ACRES AT THE SOUTHEAST CORNER OF MEDICAL
CENTER DRIVE AND MEDICAL CENTER COURT FROM
RS4 TO C-O-P - SECOND READING AND ADOPTION
(Director of Planning)
Minutes 5 December 9, 1986
The 3.02 acres in question are located on the east side of the
proposed extension of Medical Center Drive directly abutting the
south side of Medical Center Court.
The General Plan Land Use Element depicts the general area for
professional and administrative office use which covers properties
in the vicinity of the Chula Vista Community Hospital. The
ordinance was placed on first reading at the meeting of December
2, 1986.
13. ORDINANCE 2178 AMENDING THE ZONING MAP OR MAPS
ESTABLISHED BY SECTION 19.18.010 OF THE
CHULA VISTA MUNICIPAL CODE 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 - SECOND READING AND
ADOPTION (Director of Planning)
This ordinance, which was placed on first reading at the meeting
of December 2, 1986, 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 ~u~ side of Telegraph
Canyon Road and bisected by Medical Center Drive. The request for
this area, filed by Great American Development Company, is 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 the prezoning of 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 that there would be
no significant environmental effects and recommended that the
Negative Declaration be adopted.
END OF CONSENT CALENDAR
Minutes 6 December 9, 1986
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBLIC HEARING PCS-87-5M - CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR ORANGE TREE MOBILEHOME
PARK, CHULA VISTA TRACT 87-5 ACQUISITION
ASSOCIATION FOR ORANGE TREE MOBILEHOME
PARK (Director of Planning)
RESOLUTION 12842 APPROVING TENTATIVE SUBDIVISION MAP FOR
ORANGE TREE MOBILEHOME PARK, CHULA VISTA
TRACT 87-5
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl explained that the applicant has
submitted a tentative subdivision map in order to convert an
existing 155-space mobilehome park from a rental park to resident
ownership.
The Environmental Review' Coordinator has determined that the
proposed project constitutes a Class i(K) categorical exemption
and does not require environmental review.
The Planning Commission's recommendation was to approve the
tentative subdivision map subject to nine conditions:
a. Provide fire hydrants at a minimum distance of 400 feet
apart within the park, the type and location of the
hydrants subject to approval of the City Fire
Department. The applicant shall submit to the Fire
Marshal a long range program for provision of fire
hydrants prior to final map approval.
b. Each space shall be required to post the space number of
the unit in 6 inch high numbers mounted against a
contrasting background prior to final map approval. The
location and type of space number used is subject to
approval by the Fire Marshal.
c. The developers shall construct street improvements to
include, but not be limited to concrete curb, gutter,
sidewalk and asphalt paving along the frontage of the
proposed Lot 3 and street lighting conforming to City
Standards in Orange Avenue and Anita Street. Locations
of proposed street lights shall be approved by the City
Engineer and existing temporary street lights shall be
removed.
Minutes - 7 - December 9, 1986
d. Developer shall enter into an agreement with the City in
which developer agrees to remove the existing str~cture
in Lot 3 and construct the required street improvements
within two years after approval of the Final Subdivision
Map.
e. Right Of way adjacent to Lot 3 shall be dedicated on the
Final Map to provide for a total of 51 feet of right of
way from the centerline of Orange Avenue to the property
line of Lot 3.
f. All utilities within the subdivision shall be
undergrounded unless a deferral or waiver is granted.
Additional right of way (5 feet in Anita Street and 4.5
feet in Orange Avenue shall be dedicated to allow for
present or future undergrounding or utilities unless
evidence is provided that the utility companies do not
require additional right of way. An encroachment permit
may be required for fences and structures extending into
these strips of land.
g. The developer shall comply with all applicable sections
of the Municipal Code and the Subdivision Map Act prior
to approval of the Final Subdivision Map.
h. Prior to Final Map approval the developer shall submit
and implement a tenant impact report approved by the
Director of Community Development.
i. Final CC&R'S shall be submitted for approval to the
Planning Department prior to Final Map approval
delineating responsibility for maintenance and cost of
maintenance of all common areas and facilities, roads or
easements, and guest parking areas.
Director Krempl added that the Montgomery Planning Committee
agreed with the recommendations with the comment that conditions
"a" and "b" should be left at the discretion of the Fire Marshal.
The applicant has concerns with some of the conditions and will
speak to them at this meeting. Staff has estimated that the total
cost of the improvements will be $166,000 which includes $23,000
for public improvements and ~143,000 for the fire protection
improvements.
Staff is recommending approval of all the conditions with the
following changes:
1. Under "a", suggestion to delete the last sentence of condition
"a" since the applicant has a problem with the phasing of
these long-range improvements.
2. Under "dr, staff is suggesting a change from the 2 year time
period to 3 years.
Minutes - 8 - December 9, 1986
Director of Public Works/City Engineer Lippitt discussed the
conditions noting that a high priority would be to put in the
street widening in front of parcel number 3; and under the street
lighting the recommendation is to replace 3 poles. Two of these
poles are wooden poles and do not have a high priority of
replacement other than aesthetics, however; staff is recommending
the immediate placement of a street light across from Williams
Avenue. The street lights are estimated at a cost of $3,000 each.
The third item the staff would be recommending would be for the
underground utilities on-site which would require a public hearing.
Fire Marshal Carol GOre reported there are four 2-1/2" risers
throughout the park which do not meet the Fire Protection Code.
Fire Marshal Gove read from the Fire Protection Regulations, CA
Administration Code, Sec. 16.369, which stipulates fire hydrants
to be located within 500 feet of each lot. The policy of the City
is to have them located within 300 feet, therefore; the Fire
Department compromised and is recommending 400 feet. The Fire
Marshal recommended that the fire hydrants be installed
immediately, noting past fires which have occurred in mobilehome
parks throughout the City and the substandard conditions in this
mobilehome park.
Assistant Community Development Director Dave Gustafson reported
on the financial impact on the park. He stated the Redevelopment
Agency is a financial partner in this conversion having loaned
$500,000; there is also a rental assistance program of ~18,000 for
the next 18 months; in addition, the City will buy all the unsold
spaces which can mean from 0 to 20 spaces. ~nls comes to a total
of over $938,000 or over ~15,000 per low-income household in the
park. The City can take some money out of the Park Acquisition
Association Reserve fund and a lender has indicated that he may be
able to include some of the costs of the improvements in the
purchase loans of the homes. It would amount to approximately
~1,000 per unit - the residents would be paying about $11 per
month over the next 20 years. As far as the low-incomes are
concerned, the City would be picking up the additional costs.
Councilman Malcolm arrive at this time, 7:30 p.m.
City Attorney Harron noted the potential liability to the City
inasmuch as the City will be taking over and leasing out
approximately 20 lots which are substandard. This project could
also be perceived as a joint venture, and therefore; liability on
the part of the City because of entering into this as a "business
deal."
Minutes - 9 - December 9, 1986
Mr. David Sommers, 7970 Convoy Court, San Diego 92111,
representing Continental Associates and the Orange Tree residents,
referred to his letter objecting to certain conditions;
specifically condition "a" regarding fire protection devices. Mr.
Sommers noted that by purchasing the mobilehome park they are not
creating a subdivision, only a condominium-~or~ of ownership. The
residents have lived with the lack of fire protection for the last
15 years in this park and are willing to live with this
liability. Further, they have no objection to constructing street
improvements outside of lot 3, but they do object to replacing and
putting in 3 new street light poles, 2 of which are purely for
aesthetic purposes.
Miss Sue Loftin, 7970 Convoy Court, San Diego 92111, attorney
representing Continental Associates noted it was within the power
of the City Council to approve or disapprove any of the conditions
place before them this evening. To meet the condition of on-site
improvements, the water mains would have to become publicly owned
and the Water District is not interested in this.
Ms. Loftin added that the Homeowners' Association is willing to
put in a disclaimer in the CC&R's and final disclosure papers
regarding the lack of fire protection. She added that when the
City staff went out and inspected the park they found certain
deficiencies which were corrected; however, no mention was made of
the lack of fire hydrants.
Councilman Malcolm commented that the City Council is to blame for
the deficiencies in this park because they were not pointed out to
the residents at the time they approached the Council to buy this
park. The proper solution is to use some of the $3 million in the
low and moderate income funding to pay for the improvements.
In answer to Councilman Nader's question, City Attorney Harron
stated the park did not meet the Code requirements when it was
built, and therefore was never in compliance. He added that
anytime the Council has something before them for approval, they
must base it on reasonable standards and those are the standards
existing as of the date of the approval.
Mr. George Lovesee, 521 Orange Avenue, Space 80, Chula Vista,
stated he agrees with Councilman Malcol~'s statement for the City
to pay for all the improvements in the park; most of the residents
are old people living on fixed incomes and would be hard pressed
to meet any type of rent increases. Mr. Lovesee also questioned
why this particular mobilehome park was "singled out."
There being no further testimonies either for or against, the
public hearing was closed.
Minutes - 10 December 9, 1986
Council discussion followed with Councilman Moore noting that the
Council is using public funds and therefore there needs to be
"checks and balances"; the Acquisition Association hired the
Continental Association and they are the ones who should have
found the loopholes or the deficiencies in the park; they did find
the money from the State and the City; mobilehome park living is
not the safest living in the world and every7 protection possible
should be made to protect those residents.
Mayor Cox discussed the financial agreement under this acquisition
program; the money needed to improve the park and questioned
whether the additional money could be from a grant as opposed to a
loan.
Mr. Gustafson responded that it could be either.
MS (Malcolm/Cox) to direct staff to bring back a resolution
appropriating the necessary funds out of the Low and Moderate
Income Funding for the fire hydrants, street lighting and the
streets improvements which will total about ~166,000.
Mayor Cox questioned Mr. Sommers as to whether the street
improvements should be put in at the same time as the fire
protection devices and the water mains and so forth. He noted
that with the removal of the duplex home there would be a loss of
some revenue.
Mr. Sommers responded that the Real Estate Board would have to
change the figures on the documents and declared this loss of
96,000 a year for the removal of the duplex would'have to be
picked up by the residents.
Mayor Cox commented that once the house is removed, the lot could
De sold for approximately $30,000 to $40,~u0 and this would
certainly take care of any lost revenue. He added he would like
to see all the improvements put in at the same time; the house is
a potential liability to the City and should be removed.
Councilman Malcolm stated he would include this in his motion.
Mayor Cox agreed to the second.
Councilman Nader asked that another condition be put into the
motion whereby there be an assignment of rights by the Homeowners'
Association to the City for any claims they may have against any
parties for the cost of bringing the park up to fire standards.
Councilman Malcolm said he would include this in his motion.
Mayor Cox agreed to the second.
Minutes - 11 December 9, 1986
City Manager Goss said he would like to have staff bring back a
report indicating other options for possible sources of funding.
Councilman Malcolm declared he did not want the money coming out
of General Fund~ Block Grant, 1911 Acts or Assessment Districts
which does not give the City Manager much flexibility in finding
other sources of funds. The money is to come out of the
Redevelopment Low and Moderate Income Funding - the 20% factor for
low and moderate incomes.
Mayor Cox declared the Council wants to see "this project work"
and have, therefore, made financial commitments toward the success
of this venture. He hoped it would serve as a good example to
other mobilehome parks to consider as an option.
The motions for the amendments carried unanimously.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, as amended, (the
long-range program and rather than the improvements put in in 2
years, it is to be done immediately).
Mr. Gustafson stated that the resolution will be going to the
Redevelopment Agency rather than to the City Council for approval.
15a.PUBLIC HEARING PCZ-87-F - CONSIDERATION TO REZONE 10.1
ACRES KNOWN AS CORONA VISTA, LOCATED
NORTHEAST OF OTAY LAKES ROAD AT THE
SOUTHEAST TERMINUS OF CAMINO ELEVADO FROM
R-i-10-H-P TO R-i-10-P - DeMENGE-CERUTTI
(Director of Planning)
ORDINANCE 2179 REZONING 10.1 ACRES FROM R-i-10-H-P TO
R-i-10-P - READING ~!
b. PUBLIC HEARING PCS-87-1 - CONSIDERATION OF A TENTATIVE
SUBDIVISION MAP FOR CORONA VISTA, CHULA
VISTA TRACT 87-1, LOCATED NORTHEAST OF
OTAY LAKES ROAD AT THE SOUTHEAST TERMINUS
OF CAMINO ELEVADO - DeMENGE-CERUTTI
RESOLUTION 12843 APPROVING THE TENTATIVE SUBDIVISION MAP
FOR CORONA VISTA, CHULA VISTA TRACT 87-1
c. PUBLIC HEARING P87-6 CONSIDERATION OF PRECISE PLAN
ADOPTING PLANS AND STANDARDS FOR THE
DEVELOPMENT AND/OR MAINTENANCE OF THE LOTS
AND COMMON AREAS WITHIN THIS PROJECT
-DeMENGE-CERUTTI
RESOLUTION 12844 APPROVING THE PRECISE PLAN FOR CORONA VISTA
This being the time and place as advertised, Mayor Cox declared
the public hearings on items 15a, b and c open.
Minutes 12 - December 9, 1986
This involved a request for rezoning for the development of 14
single family residential lots and common open space on 10.1 acres
located northeast of Otay Lakes Road at the southeast terminus of
Camino Elevado.
Director of Planning Krempl stated staff concurs with the
recommendation of the Planning Commission for approval in
accordance with their Resolutions PCZ-87-F, PCS-87-1, and P-87-6.
Director of Planning Krempl submitted transparencies noting the
layout, land use, the adjacent zoning, landscaping plan, access
points, the 5' wrought iron gate leading to the development, the
open space areas, and the aesthetics which will be early
California ranch-style.
Director Krempl noted that the subdivision would have no parking
on site and that there will be adequate turn-around areas for
emergency equipment.
In answer to the Mayor's question, Director of Public Works
Lippitt responded there will be no curbs, gutters or sidewalks in
the project.
Rita De Pastina, 3634 Third Avenue, San Diego 92103, representing
Safino Butcher & Ormonde, stated she was here to answer questions;
the RV's will De located behind the gates; there will be a phone
system near the gate allowing people to come in and out of the
project; the average pad will accommodate a 3,000 square foot
split-level home.
There being no further testimony either for or against, the public
hearings were closed.
MSUC (Malcolm/Nader) to place the ordinance on first reading, the
reading of the text was waived by unanimous consent, passed and
approved unanimously.
RESOLUTIONS (b and c) OFFERED BY COUNCILMAN MALCOLM, as amended,
the reading of the texts was waived by unanimous consent, passed
and approved as amended.
MSUC (Nader/Malcolm) to amend the resolutions on 15b and c to
specify that landscaping be native plants for the purposes of
water conservation and preservation of sensitive flora.
5. RESOLUTION APPROPRIATING $2,500 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND
TO HELP FUND THE SAIL AMERICA ENTRY IN THE
AMERICA'S CUP COMPETITION (Deputy City
Manager)
Minutes 13 - December 9, 1986
At its meeting of October 28, 1986, the Council referred to staff
the request from Supervisor Brian Bilbray for financial support
for the Sail America entry in the America's cup competition.
Staff was directed to bring back to the Council a report and
recommendations regarding the amount and desirability of providing
financial support to the program.
The Sail America Foundation for International Understanding is
pursuing the coveted America's Cup with the project estimated to
cost about 915 million. Most of the required funds have been
raised, but a fundraising committee was recently formed to raise
the remaining 92.5 million needed to fund the program.
Dennis Conner's boat, the Stars and Stripes, is a leading
contender to win the qualification rounds. If Connet were to
capture the America's Cup and if the competition is held in San
Diego in 1990-91, the region can expect 5.6 million tourists and
91,065 billion during the race (based on studies conducted by
Capman College).
Adopting the resolution would expend ~2,500 from the
unappropriated balance of the General Fund.
Supervisor Brian Bilbray stated that the tourist attraction here
would be 10 times as much as that of the Super Bowl; he is
attempting to get a comprehensive plan to support the Stars &
Stripes; they want Conner to bring the Cup to 5he San Diego area;
permanent facilities would have to be built which would include
possibly the second harbor entrance; they will be appearing before
the San Diego City Council tomorrow for funds also.
Councilman Moore noted that the economic factor to Chula Vista
would be great and suggested that the 92,500 be doubled.
MSUC (Moore/Cox) to amend the resolution to appropriate the sum of
95,000 rather than 92,500.
Councilman Malcolm stated he was not convinced the City should be
spending $5,000; this should come out of Redevelopment Agency
Community Promotion Funds, rather than the General Fund as
recommended by the City Manager.
Deputy City Manager Thomson stated he discussed this with the
Community Development Director who felt it was not appropriate to
use Redevelopment funds for this specific purpose.
SUBSTITUTE MOTION
MSUC (Cox/Malcolm) to refer this item to the Redevelopment Agency
and a resolution be prepared for the Agency appropriating the
amount of 95,000. This will Oe for the Agency's meeting of
December 18.
Minutes - 14 December 9, 1986
Councilman Malcolm left the meeting at this time.
16. PUBLIC HEARING CONSIDERATION TO ADJUST ZONE BOUNDARY AT
THE SOUTHWEST CORNER OF THIRD AVENUE AND
ORANGE AVENUE, BETWEEN C- 36 GENERAL
COMMERCIAL AND RU-29 RESIDENTIAL - BOB
SPRIGGS (Director of Planning)
ORDINANCE 2180 ADJUSTING ZONE BOUNDARY BETWEEN THE
EXISTING C-36 AND RU-29 ZONE FOR THE 4.43
ACRE PARCEL LOCATED AT THE SOUTHWEST
CORNER OF THIRD AVENUE AND ORANGE AVENUE
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl stated that the project site consists
of 4.43 acres of property located at the southwest corner of Third
Avenue and Orange Avenue. A tentative parcel map has been
conditionally approved separating the western portion of the
property (3.480 acres) which contains a 124 unit apartment complex
from the eastern portion of the property ( .96 acres) which is
vacant. The property is level, and contains a drainage culvert
along the southern boundary of the property.
The applicant proposes to adjust the zone boundary which presently
divides a 4.43 acre parcel into two zones to match the proposed
lot line plotted in tentative parcel map TPM 86-19 which has been
conditionally approved for the property. The zone boundary
between the existing C-36 general commercial zone and RU-29
residential (29 dwellings per acre) would be relocated 12 feet
west of its present location.
The recommendation was that Council:
1. Find that this project will have no significant environmental
impacts and adopt the Negative Declaration issued on IS-87-11M.
2. Adopt a motion to enact an ordinance to adjust the zone
boundary between the existing C-36 and RU-29 zone for the 4.43
acre parcel located a the southwest corner of Third Avenue and
Orange Avenue, to the location coinciding with the property
line approved as part of TPM 86-19.
There being no puDlic testimony either for or against, the hearing
was closed.
MSUC (Cox/Nader) to place the ordinance on first reading, the
reading of the text was waived by unanimous consent, passed and
approved unanimously. (Councilman Malcolm was out. )
Councilman Malcolm returned to the dais at this time.
Minutes 15 - December 9, 1986
17. ORAL COMMUNICATIONS
a. Paul Kincaid, 715 Nolan Avenue, Chula Vista questioned the
safety factor of the American Legion building. He noted the
last earthquake in this area left many cracks in the tennis
courts adjacent to the American Legion building and questioned
whether the staff had inspected the American Legion Hall to
see what damage, if any, was done to that building.
Mayor Cox stated that he and Councilman Moore are on a
sub-committee working with the American Legion to see that the
improvements are put in. They have come up with a tentative
agreement which will be coming to Council shortly. Mayor Cox
added that the formal lease will be given to the Council in
January.
Mr. Kincaid stated he is concerned that the American Legion
Hall is still being used and if it is unsafe, people should be
kept out of that building.
Councilman Moore asked for a staff report on this.
b. Fran Berger, 631 "H" Street, owner of the Vegas Club Cardroom,
stated that recently a fire totally destroyed his business.
He still has a ~25,000 bank loan that he has to make payments
on. He ha8 been able to obtain the building at 11 Third
Avenue Extension as a temporary site on a month-to-month lease
agreement. He talked to a member of the Planning staff and
was given permission to move into this building; h.owever, this
morning he received a call from the City Attorney stating he
cannot operate again without first going to the Planning
Commission for approval of his CUP. Mr. Berger asked that the
Council give him approval to relocate in this building as a
temporary location until he can find a permanent facility.
In answer to Councilman Moore's question, City Attorney Harron
stated that the CUP expires after a six-month cessation of the
use.
Director of Planning Krempl declared he was not aware of
anyone from his staff giving the applicant permission to move
into the building at 11 Third Avenue. Mr. Berger does need
to have a public hearing before the Planning Commission and,
if on appeal, to the City Council. Recently, he has received
two other requests for cardrooms in the City. The Council
changed the cardroom ordinance based on the population and
increased the parking requirements.
Minutes - 16 December 9, 1986
City Attorney Harron remarked that the Planning staff member
who originally told Mr. Berger he could relocate contacted him
aDout this. He then immediately called Mr. Berger back to
tell him he could not move in based on the City Attorney's
opinion. Mr. Harron stated anot,~er ~otential cardroom
.operator called him and wanted to move into this same building
but was turned down because of the inadequate parking.
Mr. Lee Varon, an employee of the Vegas Cardroom, said 25
people would be out of work 3 weeks before Christmas if the
Council does not approve this.
MSUC (Nader/Malcolm) to direct that a public hearing be held by
the Planning Commission as early as legally possible.
Mr. Krempl stated the Planning Commission is meeting tomorrow
evening and this will be brought up on the agenda. There
could be a double advertisement on the public hearing noting
that if the Planning Commission denies it, the appeal can
automatically go to the City Council.
Mayor Cox asked that the Planning Commission be requested to
hold a special meeting as early as possible.
Councilman Malcolm stated he will be consistent with his
negative vote on all cardrooms in the City. He cannot support
the motion since he feels there is no need for cardrooms in
the City of Chula Vista.
The motion carried with Councilman Malcolm voting "no."
PULLED ITEMS
3b. CONCERNS REGARDING LEGISLATIVE ACTION RELATIVE TO CLEAN WATER
- Scott Rathbun, 1597 Olive Avenue, Chula Vista 92011; Philip
Margallo, 817 Eta Street, #1007, National City 92050
These high school students are expressing their concerns over
possible contamination of the drinking water.
The City Manager recommended that staff prepare a letter for
the Mayor to these two individuals informing them of the
City's efforts to monitor waste water disposal and its effect
on the water supply in Otay Valley. Further, that the
students be advised that the Regional Water Quality Control
Board has been established to monitor the concerns they have
raised.
Minutes ~ 17 - December 9, 1986
Mr. Scott Rathbun, 1597 Olive Street, Chula Vista 92011, a
student at a local high school, stated he wished to get his
point across that drinking water in certain neighborhoods of
the City may have contaminants in it that are cancer-causing.
There has been quite a bit of toxic waste dumping in the
area. Mr. Rathbun also stated that a major portion of the
pipes in the area are quite old and can be easily broken and
asked that City staff check these older pipes which may oe
part of the problem with the drinking water.
Mayor Cox responded that Chula Vista does not provide water to
its residents this is done by the Sweetwater Authority and
the Otay Municipal Water District and urged Mr. Rathbun to
contact those agencies. The Mayor further explained the two
Class 1 dumps at the Otay area were closed down recently and
noted the Council's action requesting a study of the dumping
and the ground water contamination.
e. REQUEST FOR PERMITS TO BE ISSUED AT EASTLAKE TRACT 84-9, UNIT
18, PHASE 3 - J. J. Johnston, Vice President/Operation Brehm
Communities, 2835 Camino del Rio-South, Suite 220, San Diego
CA 92108-3882
Director of Planning Krempl reported that this request from
Brehm Communities is in response to staff's recent action in
limiting further issuance of building permits in EastLake. To
even issue foundation permits, in staff's judgement, would
" establish a precedent that could also make it more difficult
to withhold permit requests in the future.
It was recommended that the request for the 62 building
permits in EastLake for Brehm be denied.
Mr. Johnston, representing Brehm Communities, stated they have
just completed 51 units (Phase I and II) and are ready to take
down Unit 18 which will have 62 more. Also, they have an
option on an additional 168. They are now in the plan check
process and have just paid $12,500.
MSUC (Malcolm/Cox) that the request be denied.
f. ONE PARK LIMITED - PROTEST TO SCHOOL MITIGATION FEES - Michae~
Cowett, 2255 Camino del Rio South, San Diego, CA 92108
The City Manager recommended that this letter be noted and
filed, inasmuch as the City/Redevelopment Agency, while
interested in the resolution of the problem, are not directly
in a position to resolve the dispute. It is also staff's
recommendation that the City has acted in accordance with the
escrow agreement, inasmuch as it simply provided that if no
agreement was reached between One Park Limited and the school
districts the City would, on December 1st, release the money
to the respective districts.
Minutes - 18 December 9, 1986
14SUC (Moore/Malcolm) to approve the staff recommendations.
4. RESOLUTION 12838 APPROPRIATING THE SUM OF ~2,040 FOR A
PC-80 READER/PRINTER (City Clerk)
There are presently over 350,000 documents microfilmed in the City
Clerk's Office. Copies are made on the PC-70 Reader/Printer as
requested by staff or public. The PC-70 has a manually operated
carrier which is not only quite time-consuming to use but breaks
down regularly because of the constant use.
~hen the Reader/Printer is malfunctioning staff must make copies
from the bound volumes which results in sub-standard copies and
the possibility of tearing the bound volumes (added expense for
reoinding). It would prove cost-effective to purchase the PC-80,
appropriating the sum of $2,040 from the unappropriated balance of
the General Fund to Account 100-0160-5568.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved unanimously.
11. ORDINANCE 2176 AMENDING CHAPTERS lf~.~2, 10.84, 19.58,
19.62 AND 19.70 RELATING TO COMMUNITY
APPEARANCE AND PARKING SECO~D READING &
ADOPTION (Director of Planning)
The proposed amendments clearly define what may or may not be
parked or placed in front yard areas and the limits of such areas
used for these purposes. Trailers, boats, recreational and
camping trailers would be permitted in such areas along with
automobiles and recreational vehicles. On the other hand,
non-mounted camper shells would be prohibitud from being stored in
front yard areas for more than 72 hours regardless of whether that
area is paved or not. These items would have to be stored within
a garage or carport, in rear or side yard areas (fenced exterior
yards) or in off-site storage yards.
A proposed amendment has been added to clarify a prohibition of
vehicles in excess of 12,000 lbs. used for commercial purposes and
to be limited to 5 hours within a residential district.
Further, the existing locational criteria which apply to the
repair of vehicles will also apply to other vehicles such as
boats, campers, trailers. The ordinance was placed on first
reading at the meeting of December 2, 1986.
MSUC (Malcolm/Moore) to place the ordinance on second reading and
adoption, the reading of the text was waived by unanimous consent,
passed and approved with Councilman Nader votinq "no."
Minutes - 19 December 9, 1986
18. REPORT OF THE CITY MANAGER
a. MSUC (Cox/Malcolm) for a Closed Session regarding property
acquisition, personnel, pending litigation, Romero sewer
Dack-up claim, potential litigation: ~ierra Club vs.
Sweetwater Marsh and San Diego County vs. Cabrillo Lanes.
b. City Manager Goss reported that the U.S. Immigration and
Naturalization Service will hold a meeting on December 12 at
the Performing Arts Center in San Diego concerning the new
immigration law. A staff member may attend.
c. City Manager Goss commended staff on the ICMA Management
Information Report on marketing Chula Vista which may get
national recognition.
d. City Manager noted that Deputy City Manager Morris' wife has
just had a baby girl.
19. MAYOR'S REPORT
a. Mayor Cox stated that SANDAG will be holding a briefing for
all new Councilmembers on Thursday, January 8 at the National
City Civic Center. They will talk on informations provided by
SANDAG.
b. Mayor Cox announced that the League of California Cities San
Diego Division will have a policy makers workshop on January
30 and 31 and asked Council to reserve those dates.
c. Mayor Cox noted there was an excellent article on Chula Vista
in the Business Journal recently.
d. Mayor Cox congratulated City Manager Goss and Director of
Planning Krempl on being appointed to the San Diego Regional
Growth Planning Task Force.
e. Mayor Cox discussed the meeting that recently took place on
the Otay Mesa Traffic Study.
f. MSUC (Cox/Malcolm) to ask staff to prepare a letter expressing
the City Council's support of Congressman Hunter's efforts to
the Secretary of Transportation for completion of Route 117
(to be designated as 1-905) to the Mexican Border and to
transmit and communicate this to the appropriate individuals.
Minutes - 20 - December 9, 1986
20. COUNCIL COMMENTS
a. Councilman Nader reported on the meeting he attended this
morning with Councilman Malcolm at the County Board of
Supervisors regarding the proposal to control the future
acceptance of sludge being dumped in the Otay area. He noted
Supervisor Bilbray submitted the proposal and offered steps to
open up other sites and recycling options. The Board of
Supervisors unanimously approved Supervisor Bilbray's proposal.
b. Councilman Moore stated that other cities in the County
produce sludge but they do not want to accept dumpings in
their areas. He suggested Council inform SANDAG that this is
a regional problem and that each City should start accepting
their fair share.
Councilman Malcolm suggested the Mayor discuss this at the
next SANDAG meeting.
c. MSUC (Malcolm/Cox) for a Closed Session for potential
litigation.
d. Councilman Malcolm stated that he represents the City on the
Otay Mesa Task Force. A resolution will be coming to the City
Council requesting that a moratorium be placed on the area of
the Otay Valley Road for any new maps until July 1, 1987.
Closed Session at 10:25 p.m. The City Clerk was exc~sed and the
City Manager reported the session ended at 11:20 p.m.
ADJOURNMENT AT 11:20 p.m. to the meeting of December 16, 1986 at 7
p.m.
Jennie M. Fulasz, CMC
City Clerk
" 0928C