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HomeMy WebLinkAboutcc min 1987/02/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, February 3, 1987 Council Chambers 4:05 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore, McCandliss, Malcolm MEMBERS ABSENT: None STAFF PRESENT: City Manager Goss, City Attorney Harron, Director of Planning Krempl, Principal Planner Pass 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 January 27 and 28, 1987. MS (McCandliss/Moore) to approve the minutes of January 27 and 28, 1987. Councilman Nader noted a correction to the minutes of January 27, 1987. On page 14, item 18a, it should read "Peace Bill" instead of "Keyes Bill". The motion to approve the minutes as corrected passed. (4-0; Councilman Malcolm was not present for the vote.) 2.SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR (3a - ll) Items pulled: 3a and 3b IISUC (McCandliss/Moore) to approve the Consent Calendar. 3. WRITTEN COMMUNICATIONS a. REQUEST TO CONTACT PUBLIC OFFICIALS IN VOICING OPPOSITION TO TOXIC WASTE DUMP SITE PROPOSED FOR SAN CLEMENTE ISLAND - Mayor Hugh T. Smith, City of Avalon, Santa Catalina Island, P.O. Box 707, Avalon, CA 90704 Pulled from Consent Calendar. Minutes -2- February 3, 1987 b. REQUEST FOR FINANCIAL SUPPORT FOR "RUN FOR PEACE IN THE WORLD" ON JUNE 22, 1987 - Juan Estopier Hernandez, Organizer, 132 E. 9th Street, National City, CA 92050 Pulled from Consent Calendar. c. REQUEST FOR ASSISTANCE AND FINANCIAL SUPPORT FOR BONITA VISTA PERFORMING ARTS DEPARTMENT Dave Dries, President, Steering Committee, 751 Otay Lakes Road, Chula Vista, CA 92010 MSUC (McCandliss/Moore) to refer to staff for the purpose of bringing back a resolution at the next meeting. d. REQUEST TO USE PROPERTY ON BONITA ROAD, WEST OR ADJACENT TO BONITA CASA RESTAURANT FOR A RUMMAGE SALE ON MARCH 28, 1987 - Mr. & Mrs. Lionel Stanford, Music Machine Boosters, 772 Baylor Street, Chula Vista, CA 92010 IISUC (McCandliss/Moore) use be approved subject to staff conditions. City Manager Goss stated the location of the property as noted on the Agenda should read west or adjacent to Bonita Casa Restaurant. 4. RESOLUTION 12894 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA _ AND SENSATIONAL CREATIONS LANDSCAPE AND MAINTENANCE ' COMPANY FOR LANDSCAPE SERVICES FOR OPEN SPACE DISTRICT NO. 4 AND APPROPRIATING FUNDS THEREFOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (Director of Parks & Recreation) On August 17, 1982, Council established a reserve fund equal to 50 percent of the yearly individual Open Space contract costs. The reserve is used to pay the first six month's operations for the management of Open Space District. The reserve fund was also established to pay for any unforeseen emergencies. A minor slope washout occurred in City Open Space District No. 4, Bonita Ridge Estates, behind 395 Camino Elevado, Bonita. A pressurized water line broke resulting in a washout of the slope in the immediate vicinity of the break. 5. RESOLUTION 12895 RELEASING LIENS AGAINST THE PROPERTY LOCATED AT THE SOUTH-WEST CORNER OF INDUSTRIAL BOULEVARD AND ANITA STREET (Director of Public Works/City Engineer) In 1975 the owner of the property located on the southwest corner of Industrial Boulevard and Anita Street submitted a parcel map to the County of San Diego in order to split his property into four parcels. In accordance with the County of San Diego's Code, liens were placed against the property to guarantee the installation of public improvements. Said improvements have been completed and accepted by the County. Minutes -3- February 3, 1987 6. RESOLUTION 12896 ACCEPTING GRANT OF EASEMENT FROM BANK OF AMERICA, N.T. & S.A., AS TRUSTEE UNDER A DECLARATION OF TRUST DATED OCTOBER l, 1983 FOR STREET RIGNT-OF-WAY AT 696 "E" STREET (Director of Public Works/City Engineer) Otay ~esa Foods applied for a building permit to construct a Taco Bell at 596 "E" Street. One of the conditions required was that a 2-foot strip be dedicated fronting the property along "E" Street. 7. ORDINANCE 2189 REZONING THAT AREA KNOWN AS THE LAS FLORES ZONING STUDY AREA FROM AN R-2 TO AN R-2-P ZONE - SECOND READING AND ADOPTION (Director of Planning) The ordinance, which was placed on first reading on January 27, 1987, rezones the area known as the Las Flores Zoning Study area from an R-2 to an R-2-P zone. 8. ORDINANCE 2190 AMENDING SECTION 10.~2.090 OF TNE CHULA VISTA MUNICIPAL CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS The ordinance, which had its first reading on January 27, 1987, revises Section 10.52.090 of the Chula Vista Municipal Code relating to the parking of commercial vehicles in residential districts. 9. ORDINANCE 2191 A~ENDING SECTIONS 5.02.050 AND 5.02.180 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO GRANTING AND REVOKING BUSINESS LICENSES SECOND READING AND ADOPTION (Assistant City Attorney) The ordinance, which was placed on first reading on January 27, 1987, prohibits issuance of a license where the issuing officer knows that applicable codes and regulations have not been satisfied, and imposes a general one year period of disqualification subject to certain objectively verifiable exceptions. lO. REPORT CITY OF CHULA VISTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1986, AND AUDITORS OPINION {Director of Finance) In accordance with generally accepted auditing standards, Deloitte Haskins & Sells examined the combined financial statements of the City of Chula Vista including the Combined Balance Sheet, Combined Statement of Revenue and Expenditures, and the Changes in Financial Position. It is the opinion of the auditors that the financial statements present fairly the financial position of the City of Chula Vista as of June 30, 1986. Minutes -4- February 3, 1987 ll. REPORT DELOITTE HASKINS & SELLS REGARDING INTERNAL ACCOUNTING CONTROLS OF THE CITY OF CHULA VISTA FOR YEAR ENDED JUNE 30, 1986 (Director of Finance/Deputy City l~anager) In conjunction with the audit of the City's financial statements, Deloitte Maskins & Sells performed a limited evaluation of the City's accounting and data processing systems. Their study and evaluation disclosed no condition believed to be a material weakness. END OF CONSENT CALENDAR PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 12. PUBLIC NEARING PCS-87-4: CONSIDERATION OF TENTATIVE SUBDIVISION FOR CHULA VISTA BAYFRONT - UNITS 1 THROUGH lO (Continued from meeting of January 20, 1 987) (Director of Planning) Due to subdivision ordinances and Local Coastal Program requirements, it was requested by the Director of Planning to continue this item to the February 19, 1987 joint Redevelopment Agency/City Council meeting which will be held at 4:00 p.m. in the City Council Conference Room. MSUC (Cox/Moore) to continue this Public Hearing to February 19, 1987. 13. PUBLIC HEARING CVT-87-4: COASTAL DEVELOPMENT PERMIT FOR THE MIDDAYFRONT TENTATIVE SUBDIVISION MAP (Continued from meeting of January 20, 1987 (Community Development Director) RESOLUTION APPROVING TENTATIVE MAP FOR CVT 87-4 CHULA VISTA BAYFRONT UNITS 1-10 AND APPROVAL OF COASTAL DEVELOPMENT PERMIT FOR SAID TENTATIVE MAP CVT 87-4 Due to subdivision ordinances and Local Coastal Program requirements, it was requested by the Community Development Director to continue this item to the February 19, 1987 joint Redevelopment Agency/City Council meeting which will be held at 4:00 p.m. in the City Council Conference Room. · MSUC (Cox/~ioore) to continue this Public Hearing to February 19, 1987. 14. PUBLIC HEARING GPA-86-6: CONSIDERATION OF A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO RETAIL COMMERCIAL FOR 4.3 ACRES LOCATED AT THE SOUTHEAST CORNER OF OTAY LAKES ROAD AND EAST "H" STREET KELTON TITLE CORPORATION (Director of Planning) This being the time and place as advertised, Mayor Cox declared the Public Hearing opened. Minutes -5- February 3, 1987 Director of Planning Krempl stated this is a request for a General Plan amendment redesignating a certain 4.32-acre site, located in the southeasterly quadrant of East "H" Street and Otay Lakes Road, from "Medium Density Residential" to "Retail Commercial". When this item was before the Planning Commission there was also an accompanying request for a rezoning of this property from R~l to Central Commercial IC-C). Because the P1 anning Co~nission on a 3-3 vote failed to approve the General Plan amendment, they were not able to act on the rezoning. Therefore, the rezoning portion of the initial application is not before the Council. Mr. Krempl further stated staff believes the site is appropriate in terms of the General Plan as designated with the medium density residential, 4 - 12 dwelling units per acre, and suggests that viable alternative land uses would include a residential townhouse development or perhaps an institutional use. It is staff's opinion that the commercial need for the area is currently being met by existing developed commercial centers or centers that are approved but not yet developed. The Planning Department would recommend adoption of the Negative Declaration, however, urge denial of the General Plan amendment. Councilman Malcolm asked staff if a letter had been sent to the applicant regarding staff's position as to what the proper use of the property is prior to this hearing. Principal Planner Pass responded that the Advanced Planning Division has discussed with the applicant and the applicant's professional planner the options for the development of the site, Councilman ~alcolm wanted to know what kind of density was recommended. Mr, Pass stated the area at this time can accept a maximum of 12 dwelling units per gross acre. Mr. Paul A. Manganelli, 701 "B" Street, Suite 1300, San Diego, 92101, spoke on behalf of the applicant. Mr. Manganelli used the overhead projector as well as a graphic chart designating commercial use in the area. He stated the zoning should be changed for the following reasons: (1) The property's isolated location; (2) the corner location adjacent to 2 major roads is ideal for commercial purposes; (3) the traffic report prepared for the proposed project indicates that so long as no left turns are permitted on East "H" Street, the circulation system can easily accommodate commercial uses from the site; (4) the noise from traffic could create an adverse living environment for residential uses; and (5) the small size and arrowhead shape make it difficult to develop fer residential uses. John R. Shumway, Executive Vice President of Market Profiles, 31 88-A Airway Avenue, Costa Mesa spoke on behalf of the applicant. Mr. Shumway introduced Annie Girard, Project Manager, and stated she would be available to answer questions. Mr. Shumway used the overhead projector to describe the area used in the market study. The analysis of demand focused on people living within the primary trade area only. He noted that given the current high rate of sales in East Lake and the surrounding tracts, it is projected that the population base in the primary trade area is going to increase rapidly. Minutes -6- February 3, 1987 Councilman Nader questioned whether the estimates of the demand in the trade area are based solely on the phases of East Lake that have already been approved by this Council, or if the estimates are based on assumptions as to what will be approved in the future. Ms. Girard responded it was assumed that the community would grow at an average annual rate of approximately 900 units per year. That is based on what the development has been in other successful master planned communities. It is also based on what has been approved, what the availability of residential acreage is and what the current sales experience is both in East Lake and tracts around it. Councilman Nader further asked if the assumption behind the study is that the area zoned residential under the 1971 General Plan will remain the same in the revised General Plan. Ms. Girard answered yes, with minor variations. Mr. William Hedenkamp, Architect, 1331 India Street, San Diego, spoke on behalf of the applicant. Mr. Hedenkamp used schematic renderings of the site plan to further describe the proposed project. He noted it is proposed to have 4 main building areas. One multi-tenant building of approximately 22,000 square feet and three smaller pad buildings, as well as possibly a small kiosk-type structure plus provision for sign advertising. Mr. Richard Kelton, Bollenbacher & Kelton, Inc., 5109 Waring Road, San Diego spoke in favor of the proposed project. He noted there has not been any public opposition, no environmental problems, nor any traffic problems with this proposed project. Mr. Kelton further commented this parcel is an excellent site for commercial development due to the amount of traffic and the street frontage. The site dips towards the traffic noise which adds to the negative impact for residential development of the site. In response to Nayor Cox's Question as to the timeframe for completion of the remaining portions of the existing commercial neighborhood center on Otay Lakes Road, Mr. Kelton stated it is in design at this time. Councilman Nader noted the staff report states the marketing study does not take into account approximately 100 acres that East Lake plans to develop commercially. The assumptions in the marketing study are that the new General Plan will maintain the residential acreage of the old General Plan. Kelton stated the development of commercial properties in East Lake would not be competitive with a neighborhood commercial center. Mr. Net Westerbeek, 1608 Columbia Street, Chula Vista, spoke in opposition to the General Plan amendment. He is a resident of the neighborhood next to the proposed commercial center. He spoke in reference to a letter he wrote, dated February 2, 1987, which was before the Council. Mr. Westerbeek noted that he had not been made aware of the proposed change. He and his neighbors are concerned that there is not a need for another shopping center; concerned with the location of a commercial shopping center between church and schools; and concerned about the heavy traffic created. Mr. Westerbeek encouraged utilization of this property as residential or institutional use. Minutes -7- February 3, 1987 In response to Councilman Nader's question as to why Mr. Westerbeek was not notified, Mr. Krempl stated that Mr. Westerbeek is within the area that would be normally notified. He was, however, inadvertently left out. The General Plan amendment only requires advertising and noticing in the newspaper. Noticing to surrounding residents is done as a courtesy. Mr. Allan MacDougall, 1348 Cerritos Court, Chula Vista, Bishop of the Church of Jesus Christ of Latter Day Saints - Third Ward, spoke in opposition to the General Plan amendment. He noted the incompatibility between the proposed center and their church. The proposed commercial center, with a fairly steep bank, would present an attractive nuisance to children playing at the church. He also noted there would be very little control over the type of business which would occupy the site, many of which could be very objectionable to church and school environments. Mr. MacDougall also stated his church does not have any record of receiving any notice of this proposed change. There being no further public testimony, the Public Hearing was closed. Councilwoman McCandliss commented that from a marketing standpoint this is an ideal commercial site. A corner of a major intersection is not desirable for multi-family use. She would like to see some commercial use other than a strip suburban center. Councilwoman McCandliss further commented the need to be careful, particularly with the General Plan under consideration, that a series of strip commercial centers not be created along Otay Lakes Road. Councilman Malcolm stated he would not like to see any more condominiums or apartments being developed in the City. He feels this site would serve the area best as a commercial use. MSUC (Malcolm/Moore) for approval of the draft Negative Declaration IS-87-1. Councilman Malcolm moved to direct staff to bring back an ordinance for the General Plan amendment at next week's meeting. The motion died for lack of a second. Mayor Cox stated he has two concerns. First, he is concerned that this item would come before the City Council. Secondly, he has not been convinced of the need for additional commercial zoning at this particular location. The area has been zoned residential for at least the last 20 years. This is an example of potentially spot zoning an area for an anticipated need. Mayor Cox further noted his concern that a General Plan amendment does not require a similar notice as is required by a rezone. There should be some consistency between a General Plan amendment and a rezone effort. Councilman Moore stated his major concern is one of changing the use of this property. Because it has been zoned residential for years, it would affect the people who live nearby. Minutes -8~ February 3, 1987 Councilman Nader commented he shares the Mayor's concern regarding sending notice of a General Plan amendment to surrounding residents and owners. He further stated the proposed amendment is premature in that it seems to be based on certain assumptions regarding the building of East Lake. He pointed out there is an existing convenience center in this area that is expanding as well as a nearby area that is currently zoned commercial. Councilman Malcolm stated the site has changed. This site has doubled the amount of traffic going by it. He is concerned that condominiums will be developed on this site by not changing the zoning. Councilwoman McCandliss commented she agrees the situation has changed. She believes there may be another commercial use that would be acceptable. In response to the question of Mayor Cox, Mr. Krempl stated the rezone .was filed concurrently with the General Plan amendment. Because of a lack of action by the Planning Commission on the General Plan amendment, the Commission was unable to consider the rezoning. MS (Cox/Moore) to refer this item back to the Planning Commission with the specific requirement to notice the neighborhood at least within 300 feet. Rezoning is to be considered concurrently. Councilman Nader stated he would like staff to make a recommendation as to the appropriateness of the timing of this action. With the General Plan update in progress, is this the appropriate time to decide {a) the use of this parcel or should it be deferred; and (b) if this is the appropriate time he would like a broader recommendation of uses, not just condominiums versus a neighborhood commercial center. Mr. Krempl responded in terms of the size of this property, staff did not have any reservation about making a recommendation at this point in time. With respect to the other uses, a variety of potential institutional uses would be appropriate as well as some type of townhouse development. Councilman Malcolm suggested amending the motion to expand the area of giving notice from 300 feet to 600 feet. Mayor Cox included this in the motion. The motion passed. (4-1; Councilwoman McCandliss voting no.) 15. ORAL COr~IUNICATIONS Mr. Vernon Pendergraft, 1 Kingswood Drive, Chula Vista, addressed the City Council. He introduced Mr. Putrus, a new business owner of Chula Vista. Mr. Putrus owns Liberty Giant Pizza located at 141 9 Hilltop, Suites D and E, Chula Vista. Mr. Putrus has an 8' Statue of Liberty on top of his building. He received written communication from the City informing him that he needs a permit for this by February 12. Mr. Pendergraft pointed out Mr. Putrus was having difficulty resolving this and came before the Council asking advice. Minutes -9- February 3, 1987 Mayor Cox noted that because of recent changes in the Brown Act, the Council is precluded from taking any action at this time. However, Mr. Putrus' concern will be addressed by City staff and a report will be coming back to the Council. Ms. Sandra Relph, 158 Minot Avenue, Chula Vista, addressed the City Council. She requested consideration of her suggestion for homeowners to be able to obtain a permit to have a visitor park their trailer on the homeowner's property. The existing law states this can be done for one week per calendar year. She would like to be able to obtain a permit to allow a visitor to stay for an extended period of time. Mayor Cox stated the City Council is legally precluded from taking any specific action at this time. However, the City staff will be getting ahold of her and will come back with a report to the City Council. PULLED ITEMS 3.a. REQUEST TO CONTACT PUBLIC OFFICIALS IN VOICING OPPOSITION TO TOXIC WASTE DUMP SITE PROPOSED FOR SAN CLEMENTE ISLAND - Mayor Hugh T. Smith, City of Avalon, Santa Catalina Island, P.O. Box 707, Avalon, CA 90704 Councilman Nader pointed out that the recommendation of staff was to send a letter of concern; if the City Council desires to take a position of opposition, it would be advisable to refer this item to staff to obtain additional information. Councilman Nader stated he believes the Council should refer this item to staff to obtain further information. MSUC (Nader/McCandliss) to refer this item to staff to obtain further information. 3.b. REQUEST FOR FINANCIAL SUPPORT FOR "RUN FOR PEACE IN THE WORLD" ON JUNE 22, 1987 - Juan Estopier Hernandez, Organizer, 132 E. 9th Street, National City, CA 92050 Mr. Juan Estopier Hernandez was present and addressed the Council. He requested collaboration and financial support for the "Run for Peace" he is organizing. Mayor Cox stated staff recommends City collaboration regarding the welcoming ceremony. Staff further recommends that no financial aid be supplied and the use of City streets be approved subject to staff conditions. Councilman Malcolm suggested that Mr. Hernandez contact him to obtain names of businessmen in the community who could possibly help financially. Minutes -lO- February 3, 1987 16. REPORT OF THE CITY MANAGER City Manager Goss had the following to report: a. There was a minor hazardous waste spill in the Bonita Long Canyon area on February 3. This was due to a diesel truck accident. b. The position of Building Maintenance Superintendent, a new position for the City, has been filled. Mr. Greg Hanson began working on February 2. His responsibility is to oversee construction and repair crews, the janitorial staff and also to oversee and administer minor contracts and some minor CIP items. c. Mr. Goss reminded the Council of the memo sent out regarding the CIP process for 1987-88. He would like requests to come in sometime this month. 17. MAYOR'S REPORT a. Community Forums in Montgomery Concerning State of Annexation MSUC (Cox/Moore) direct staff to develop community forums in various areas of rlontgomery including the Woodlawn Park Area, the Otay Community Center area, and perhaps one other location. The purpose of these forums will be to inform -. the residents of what has happened since annexation occurred; what is programmed right now into the 5 year Capital Improvement Budget; and to find out from those individual s any concerns they may have or comments regarding areas they would like to have more attention directed. Councilman Moore suggested it may be helpful to have written communication with the various areas to keep the people informed. b, Removal of "live-aboard" Vessel in Sweetwater Marsh MSUC {Cox/Moore) to refer this item to staff with a strong recommendation to take action. c. Setting the Date of February 12 at 4:00 p.m. for Port Commission Interviews MSUC (Cox/~4cCandliss) to establish February 12, 1 987 at 4:00 p.m. as a noticed meeting of the City Council for purposes of interviewing and potentially appointing a member to the Port Commission from Chula Vista. 18. COUNCIL COMMENTS None. Minutes -ll- February 3, 1987 The Council recessed at 6:10 p.m. to the Redevelopment Agency meeting. The Council reconvened at 6:58 p.m. and adjourned at that time to Closed Session. The Recording Secretary was excused and the City Manager reported the Session ended at 8:00 p.m. ADJOURNSlENT at 8:00 p.m. to the meeting of February lO, 1987 at 7 p.m. JENNIE M. FULASZ, CNC City Clerk By./~an~r~C~/~hase ~ Recording Secretary WPC 2706H