HomeMy WebLinkAboutcc min 1987/06/16 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 16, 1987 Council Chamber
7:05 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader, Moore,
McCandliss, Malcolm
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, 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 June 3 and 9, 1987.
MSUC (Moore/McCandliss) to approve the minutes. Councilman
Malcolm abstained from the minutes of June 3 since he was not
present at that meeting.
2. SPECIAL ORDERS OF THE DAY
a. RESOLUTION 13070 COMMENDING TIM MCCLAIN FOR HIS EXCELLENT
REPORTING OF THE CITY COUNCIL MEETINGS
The resolution was presented to Tim McClain, reporter for the
Star News.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
b. PROCLAIMING JUNE 21-27, 1987 AS "HIRE A YOUTH WEEK"
The Proclamation was presented to Rose Johnson, Division
Coordinator of the Metropolitan Area Advisory Committee.
CONSENT CALENDAR (3a - 26) Items pulled: 3b, c, 3d, 4 13, 22,
24, and 25.
MSUC (Moore/McCandliss) to approve the Consent Calendar.
Minutes -2- June 16, 1987
3. WRITTEN COMMUNICATIONS
a. REQUEST THAT FIREFIGHTER BATES BE OFFICIAL REPRESENTATIVE OF
THE CITY AT THE IRONMAN TRIATHALON IN HAWAII - Doug Adriance,
John Bates, Chula Vista Fire Department
MSU'C (Moore/McCandliss) that Firefighter John Bates be recognized
as an official representative of the City of Chula Vista in the
ironman Triathalon in Kona, Hawaii, in October 1987.
b. REQUEST TO ALLOW LOT ADJUSTMENT AT 165 MURRAY STREET - Joseph
A. Raso, 165 Murray Street, Chula Vista 92010
c. RECOMMENDATION THAT LOT ADJUSTMENT BE CONSIDERED AT 165 MURRAY
STREET - John Caldwell, 388 Parkway, Apt. D, Chula Vista
92010, Marty Looper, 443 Church Avenue, Apt. D, Chula Vista
92010
Pulled from Consent Calendar.
d. CONCERNS REGARDING CITY GROWTH - Mr. & Mrs. Maynard Joseph, 36
Sandalwood Drive, Chula Vista 92010
Pulled from Consent Calendar.
4. REPORT YOUTH COMMUNITY CENTER IN WESTERN SECTION
OF THE CITY (Continued from meeting of
June 9, 1987) (City Manager)
Pulled from Consent Calendar.
5. RESOLUTION 13071 SUPPORTING THE SOUTHERN CALIFORNIA WATER
POLICY (City Clerk)
At the meeting of May 26, 1987 Council considered the request of
the San Diego County Water Authority to support its comprehensive
water policy for this area. This policy has already been adopted
by the cities of San Diego, E1 Cajon, the County of San Diego CWA
and SANDAG.
6. RESOLUTION 13072 ACCEPTING BIDS AND AWARDING CONTRACTS FOR
TRAFFIC SIGNAL CONTROLLERS ((Director of
Public Works/City Engineer/Director of
Finance)
Bids were received for the purchase of nine (9) traffic
controllers and cabinets.
Council awarded the contract to Safetran Traffic Systems, Inc.
(low-bidder), in the amount of $54,402.80
Minutes -3- June 16, 1987
7. RESOLUTION 13073 ACCEPTING BIDS AND AWARDING CONTRACT FOR
ASPHALTIC EMULSIONS (Director of Public
Works/City Engineer/Director of Finance)
Bids were received for furnishing RS-2 asphaltic emulsions with
latex to the City for the period July 1, 1987 through September
30, 1987.
Council awarded the contract to Western Emulsions (low-bidder) in
the amount of $34,300.
8. RESOLUTION 13074 ACCEPTING BIDS AND AWARDING CONTRACT FOR
ASPHALTIC CONCRETE (Director of Public
Works/City Engineer/Director of Finance)
Bids were received for furnishing asphaltic concrete to the City
for use during the period July 1, 1987 through December 31, 1987.
Bids were requested for a six-month period due to fluctuating
material costs.
Council awarded the contract to Sim. J. Harris Company in the
amount of $174,550.
9. RESOLUTION 13075 ACCEPTING BIDS AND AWARDING CONTRACT FOR
SCREENINGS (STONE CHIPS) (Director of
Public Works/City Engineer/Director of
Finance)
Bids were received for furnishing screenings (stone chips) to the
City for the period July 1 through December 31, 1987.
Council awarded the contract to Sim J. Harris Company (low-bidder)
in the amount of $41,700.
10. RESOLUTION 13076 ACCEPTING CONTRACT WORK, "TREE TRIMMING
SERVICE FOR FISCAL YEAR 1986-87 IN THE
CITY OF CHULA VISTA, CALIFORNIA" (Director
of Public Works/City Engineer)
On January 6, 1987, the City Council awarded a contract for the
tree trimming service for Fiscal Year 1986-87 in the City of Chula.
Vista to Western Tree Service. The work is now completed.
11. RESOLUTION 13077 DEDICATING AND NAMING CERTAIN REAL
PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED ALONG GARRETT
AVENUE (Director of Public Works/City
Engineer)
Minutes -4- June 16, 1987
Recently, Roger and Wynette Gregg, Richard and Artie Sue Gregg,
and Steven F. and Joanne Lee, applied for a building permit to
construct an apartment project at 535 Glover Avenue. The property
also has frontage on Garrett Avenue. Among the conditions for
issuance of a building permit was the requirement to dedicate a
five (5) foot wide strip along Garrett Avenue for street
purposes. The additional five feet is required to allow for a
possible but not presently planned future widening of Garrett
Avenue.
The document granting this easement has been executed by the owner
and submitted to the Engineering Department. It has been found to
be satisfactory and is now ready for acceptance by Council.
12. RESOLUTION 13078 DEDICATING AND NAMING CERTAIN REAL
PROPERTY IN SAID CITY FOR STREET AND
HIGHWAY PURPOSES LOCATED AT THE NORTHEAST
CORNER OF "H" STREET AND OAKLAWN AVENUE
(Director of Public Works/City Engineer)
"H" Street is designated as a collector street and Oaklawn Avenue
as a residential collector in the City's General Plan. Current
Chula Vista Design Standards call for a right-of-way width of 84
feet for collector street and 60 feet for residential collector.
The existing right-of-way width along the frontage of the property
on "H" Street and Oaklawn Avenue is 80 and 54 feet respectively.
To conform with the current standards, the owner was required to
dedicate a 2 foot strip fronting the property along "H" Street and
a 3 foot strip fronting the property along Oaklawn Avenue.
The document granting this easement has been executed by the owner
and submitted to the Engineering Department. It has been found to
be satisfactory and is now ready for acceptance by Council.
13. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION
OF AN UNNAMED STREET SOUTH OF PALOMAR
STREET, EAST OF INDUSTRIAL BOULEVARD
(Director of Public Works/City Engineer)
Pulled from Consent Calendar.
14. RESOLUTION 13079 ORDERING THE CITY ENGINEER TO PREPARE AND
FILE A REPORT FOR EASTLAKE MAINTENANCE
DISTRICT NO. 1 FOR FISCAL YEAR 1987-88
(Director Of Public Works/City Engineer)
Last year, the maintenance district was formed for the landscaping
maintenance and lighting within the street rights-of-way and
easements adjacent to said rights-of-way in EastLake. It is now
time to renew the assessment district for the next fiscal year in
accordance with the Streets and Highways Code
15. RESOLUTION DELETED FROM AGENDA
Minutes -5- June 16, 1987
16. RESOLUTION 13080 ACCEPTING CONTRACT WORK, PHASE XVII AND
XVIII STREET IMPROVEMENTS AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA
(Director of Public Works/City Engineer)
On December 9, 1986, the City Council by Resolution No. 12839
awarded a contract for the installation of street improvements
pursuant to 1911 Block Act Assessment District Proceedings to
Silver Strand Contractors. This contract contained street
improvements at various locations in the City and is Phase XVII
and XVIII of a program to install missing street improvements
along our major thoroughfares. The contract work is now completed.
17a. RESOLUTION 13081 APPROVING THE FINAL MAP AND SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA
TRACT 82-3, EAST ORANGE AVENUE
CONDOMINIUMS (Director of Public
Works/City Engineer)
b. RESOLUTION 13082 DEDICATING ONE FOOT CONTROL LOT E OF MAP
7979 AND NAMING SAID ONE FOOT CONTROL LOT
EAST ORANGE AVENUE
On December 9, 1981 the City Council approved the Tentative Map
for Chula Vista Tract 82-3, Star Orange Subdivision - Units 1
through 3.
18. RESOLUTION 13083 APPROVING PROGRAM SUPPLEMENT NO. 3 TO
LOCAL AGENCY-STATE AGREEMENT NO. 11-5203
FOR THE REIMBURSEMENT TO THE CITY OF COSTS
INCURRED FOR PRELIMINARY ENGINEERING FOR
THE WIDENING OF OTAY LAKES ROAD ADJACENT
TO THE NAVY HOUSING PROJECT (Director of
Public Works/City Engineer)
Funds for the widening of Otay Lakes Road fronting the Navy
housing project have been appropriated by the Federal Highway
Administration. The City will be reimbursed for costs incurred on
the project from these funds which will be administered through
CalTrans. The supplemental agreement before Council will encumber
funds for the reimbursement of preliminary engineering costs.
The recommendation was that Council approve Program Supplement No.
3 to Local Agency-State Agreement No. 11-5203 authorizing the
encumbrance of $40,000 for preliminary engineering costs
associated with the widening of Otay Lakes Road adjacent to the
Navy Housing Project.
Minutes -6- June 16, 1987
19. RESOLUTION 13084 AUTHORIZING MAYOR TO EXECUTE A CONTRACT
WITH SAN DIEGO FIREWORKS, INC. AND TO
ENTER INTO AN INDEMNIFICATION AGREEMENT
WITH ROHR INDUSTRIES (Director of Parks &
Recreation)
Planning has begun for the annual Fourth of July Fireworks Display
to be held in the Chula Vista bayfront. The event has been highly
successful during the past several years, and is expected to draw
an even larger crowd this summer. The City's Fireworks Committee
has been meeting on a monthly basis since March in preparation for
the event.
The recommendation was that Council execute the contract with San
Diego Fireworks, Inc. for the 1987 fireworks display and enter
into an Indemnification Agreement with Rohr Industries for the use
of their parking facilities.
20. ORDINANCE 2210 ADDING CHAPTER 17.06 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO REGULATION OF
OFFSHORE OIL AND GAS FACILITIES - SECOND
READING AND ADOPTION (Assistant City
Attorney)
The ordinance is patterned after the Charter provision adopted by
the vote of the electorate in November, 1986, approving amendment
to the San Diego City Charter. The new chapter will prohibit two
things: (1) Construction, operation, or maintenance of a pipeline
within the City for the transmission of crude oil or Datural gas
taken from offshore crude oil or natural gas drilling or pumping
operations within 100 nautical miles of the coastline of the
County of San Diego; and (2) the construction operation or
maintenance of any commercial or industrial facility operating
directly or indirectly in support of any offshore crude oil or
natural gas drilling or pumping operations within 100 nautical
miles of the coastline of the County of San Diego.
The ordinance was placed on first reading at the meeting of june
9, 1987.
21. ORDINANCE 2211 REDESIGNATING 22.42 ACRES FROM RP-13 TO
RP-8 - SECOND READING AND ADOPTION
(Director of Planning)
The ordinance involves a change in land use district for the
development of 162 single family residential lots and two open
space lots on 22.42 acres located at the southeast corner of
Lakeshore Drive and EastLake Drive.
The ordinance was placed on first reading at the meeting of June
9, 1987.
Minutes -7- June 16, 1987
22. ORDINANCE 2212 AMENDING THE CITY CODE ESTABLISHING THE
SEWERAGE REPLACEMENT FEE FUND - SECOND
READING AND ADOPTION (Director of Public
Works/City Engineer)
Pulled from Consent Calendar.
23. ORDINANCE 2213 AMENDING SECTIONS 1.20.010, 9.15.010 AND
ADDING SECTION 1.20.020 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO INFRACTIONS -
SECOND READING AND ADOPTION (Assistant
City Attorney)
When the Council approved the addition of infraction offenses for
loitering and open containers on public streets and sidewalks, it
requested a follow-up amendment to make the new offenses
"wobblers". That is, the Council wanted the City Attorney's
office to have the ability, in the event that factual
circumstances were sufficiently aggravated, to charge the offense
as a misdemeanor rather than an infraction. This ordinance gives
the City Attorney's office'that discretionary power.
The ordinance was placed on first reading at the meeting of June
9, 1987.
24. REPORT ON CHULA VISTA GPA OCCUPATIONAL STUDY
(Continued from meeting of May 28, 1987)
(Director of Planning)
Pulled from Consent Calendar.
25. REPORT ON REVISED LIST OF PROJECTS FOR THE 1/2~
SALES TAX BALLOT MEASURE (Continued from
meeting of June 9, 1987) (Director of
Public Works/City Engineer)
Pulled from Consent Calendar.
26. REPORT DELETED FROM AGENDA
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
27. PUBLIC HEARING PROPOSED AMENDMENTS TO CITY ORDINANCE
2163, WHICH AMENDS TITLE 9 OF THE CHULA
VISTA MUNICIPAL CODE BY ADDING A NEW
CHAPTER 9.50 ON MOBILEHOME PARK SPACE RENT
MEDIATION (Continued from meeting of June
2, 1987) (Director of Planning)
Minutes -8- June 16, 1987
ORDINANCE 2209 AMENDING CHAPTER 9.50 OF THE CHULA VISTA
': MUNICIPAL CODE RELATING TO MOBILEHOME PARK
SPACE RENT MEDIATION - FIRST READING
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
At the meeting of May 26 the Council considered changes to Chula
Vista Ordinance 2163, mobilehome park space rent mediation.
Council directed staff to make certain changes to the ordinance
and to return for a second reading of the ordinance. Subsequent
to that meeting, staff discovered a problem with the definition of
mobilehome parks as proposed, and asked for a postponement of the
second reading of the ordinance until appropriate language could
be drafted.
The City Attorney has determined that the City Council must
conduct another first reading to consider language added to carry
out the Council's directire.
Mayor Cox noted a letter was received frdm Ted Bell, President of
the KOA Campgrounds Enterprises, inc. requesting a continuance of
this item.
Mr. Bell noted the disagreement with staff as to the description
of mobilehomes and the State statutes regarding these vehicles.
Councilman Malcolm noted that Mr. Bell's concerns relate to only
one section of this particular public hearing and he would like to
go ahead and consider the rest this evening.
In answer to Councilman Moore's question, City Attorney Harron
stated that the sunset clause runs out on August 18.
Assistant Director of Community Development Dave Gustarson,
related the actions of the Mobilehome Issues Committee. They did
not recommend including trailer parks or the vehicles at the
campgrounds. At their last meeting, some of the members
reconsidered their position to include the trailer parks but no
action was taken on that.
Councilwoman McCandliss recalled that she had questioned the
impact of the KOA vehicles at the first meeting in which Council
considered this ordinance. Council was told at that meeting that
the KOA vehicles were not included because trailers were limited
to a 90 day or less period of time.
Assistant Director Gustarson stated that staff has discovered that
there is no 90 day limitation on trailers; however, the Chula
Vista Marina Park is operating under the 90 days KOA operates
with a 9 month restriction.
Minutes -9- June 16, 1987
Harold Duncan, 1100 Industrial Blvd., Space 1-77, Chula Vista,
stated the problem encountered this evening is that no one can get
"this thing moving." He asked that any referral back to the
Mobilehome Issues Committee carry a specific time period in which
it has to come back to Council.
Mary Francis Click, 1100 Industrial Blvd, Chula Vista, stated she
was speaking on behalf of three members of the Mobilehome Issues
Committee and presented a minority report. She declared that
Ordinance 2209 completely "emasculates and destroys" the existing
ordinance. RV's should not be considered at all. Mrs. Click
added that the new revised ordinance completely skips Section 6
whereby it generally states that the minutes of the Mobilehome
Home Issues Committee shall be taped and shall be kept on file at
City Hall.
Mr. Gustafson stated that the Sections referred to by Mrs. Click
are in the Code. Ordinance 2209 covers all the amendments being
considered by the Council this evening. He further stated he
would like to see Council act on the sunset clause this evening
and have staff come back at a later date with a separate ordinance
covering the trailer parks.
Cliff Roland, 1100 Industrial Blvd., Chula Vista, quoted from the
State ordinance regarding the definition of mobilehomes and travel
trailers noting that under this particular ordinance, travel
trailers cannot be covered; it was never the intention of the
- Committee to include them; there should be a separate ordinance in
order to have them applicable under State law; there was no
authorization whatsoever from the Mobilehome Issues Committee to
include them in this ordinance.
There being no further comments either for or against, the public
hearing was closed.
MSUC (Cox/Moore) to delete from the existing Ordinance 2163
Section 13 and to refer Ordinance 2209 back to the Mobilehome
Issues Committee. After the Committee makes their recommendations
it is to come back to the City Council.
30. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR THE
DIVISION OF LAND FOR CONVEYANCE OF
PROPERTY FOR WETLANDS HABITAT
PROTECTION/MITIGATION/BUFFERS TO THE
COUNTY OF SAN DIEGO AND THENCE TO THE
CALIFORNIA DEPARTMENT OF FISH AND GAME
(Community Development Director)
Minutes -10- June 16, 1987
RESOLUTION AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT TO SANTA FE LAND
IMPROVEMENT COMPANY FOR DIVISION OF LAND
FOR CONVEYANCE OF PROPERTY FOR WETLANDS
HABITAT PROTECTION/MITIGATION/BUFFERS TO
THE COUNTY OF SAN DIEGO AND THENCE TO THE
CALIFORNIA DEPARTMENT OF FISH AND GAME,
SUBJECT TO THE CONDITIONS IN ATTACHMENT "A"
Santa Fe Land Improvement Company, owner of the property proposed
for conveyance for wetland habitat protection/mitigation/buffers,
would like to convey acres of their property to the County of San
Diego and thence to the California Department of Fish and Game.
The division of land required prior to the conveyance is exempt
from Environmental Review under (CEQA pursuant to Sections 15307
Class 7, 15308 Class 8, 15313 Class 13, 15315 Class 15, 15317
Class 17 and 15325 Class 25(a) of the CEQA Guidelines.
The recommendation was that the City Council conduct a public
hearing and consider findings therein, which finds that the
proposed division of land for conveyance of property for wetland
habitat protection/mitigation/buffers to the County of San Diego
and thence to the California Department of Fish and Game, subject
to conditions is consistent with and adequate to carry out the
policies of the certified Chula Vista Bayfront Local Coastal
Program and issue a Coastal Development Permit for said project.
Mayor Cox noted that there was a request to continue this public
hearing for one week to the meeting of June 23. Councilman Nader
noted that the continuance was being made at the request of the
U.S. Army Corps of Engineers.
MSUC (Cox/McCandliss) to continue this public hearing for one week.
28. PUBLIC HEARING MORATORIUM ON GENERAL PLAN AMENDMENTS
WITHIN THE AREA EAST OF 1-805 EXCEPTING
THE OTAY RIO BUSINESS PARK (Continued from
meeting of June 2, 1987) (Director of
Planning)
ORDINANCE EXTENDING A MORATORIUM ON GENERAL PLAN
AMENDMENTS WITHIN THE AREA EAST OF 1-805,
EXEMPTING OTAY RIO BUSINESS PARK, FOR A
PERIOD OF 6 MONTHS - FIRST READING
Minutes -11- June 16, 1987
On June 2, 1987, the City Council continued this item so as to
allow for its consideration by a full five-member Council.
Regardless of when this item is considered, a 4/5ths vote is
required for extending a moratorium. Also, a recent U. S. Supreme
Court decision was handed down involving property owner
compensation and the "taking" issue of land for a public purpose.
It is not known what, if any, affect this might have on such
issues as moratorium or other land use regulatory items. The
decision will be analyzed further by the City Attorney's office.
The recommendation was to place the ordinance on first reading.
Councilman Malcolm requested a continuance of this item. He has
been trying to work up a proposal, something different than what
has been up before the Council.
MSUC (Malcolm/Cox) to continue this public hearing for one week.
29. PUBLIC HEARING PCS 87-7: CONSIDERATION OF TENTATIVE
SUBDIVISION MAP FOR BEL AIR RIDGE CVT
87-7 - LOUIS S. COHEN & ASSOCIATES
(Director of Planning)
RESOLUTION 13085 APPROVING PCS 87-7 TENTATIVE SUBDIVISION
MAP FOR BEL AIR RIDGE CHULA VISTA TRACT
87-7
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl stated that the applicant has
submitted a tentative subdivision map known as Bel Air Ridge,
Chula Vista Tract 87-7 in order to subdivide a 12.2 acre parcel of
land into 46 lots to be developed for single family dwellings,
with one open space lot; the project site is located north of East
J Street adjacent to the eastern boundary of E1 Rancho Del Rey
Unit 6D. The area is designated on the E1 Rancho Del Rey Specific
Plan for a density of 2-4 d/u per acre. Thus the subdivision' is
in compliance with the plan.
An Initial Study, IS-87-33, of possible adverse environmental
impacts of the project was conducted by the Environmental Review
Coordinator on March 30, 1987. The Environmental Review
Coordinator concluded that there would be no significant
environmental effects and recommended adoption of the Negative
Declaration.
The recommendation was that Council find that this project will
have no significant environmental impacts and adopt the Negative
Declaration issued on IS-87-33; and approve the tentative
subdivision map for Bel Air Ridge, Chula Vista Tract 87-7, subject
to the certain conditions.
Minutes -12- June 16, 1987
Director Krempl submitted transparencies noting the site location,
configuration of the lots, the ingress and egress; noted that 20
out of the 46 homes will have 3-car garages and the sideyard
setback will be reduced to 5 feet in order to accommodate the
garages. The Floor Area Ratio (FAR) will be fully met with no
exqeptions.
Mayor Cox noted that Home Capital is a partner in this particular
subdivision and therefore he will abstain due to a possible
conflict of interest. He has requested a written opinion from the
FPPC and until he receives that, he will be abstaining. Mayor Cox
left the dais at this time.
Council discussion followed with Director Krempl answering
questions pertaining to the EIR as certified by the Planning
Commission; the rationale for the Planning Commission
recommendations; the CC&R's and the justification for the
reduction in sideyard setback.
Mr. Dick Brown, representing Lou Cohen, 4148 Caminito Terviso, San
Diego 92122, explained the transfer of properties within the
subdivision indicating that there is no interest on the part of
Home Capital for the shifting of these lots. Mr. Brown referred
to the transparencies of the plat of the subdivision noting the 20
foot elevation above East "J" Street; the grading problems
encountered; 22 acres that would be developable; minimum of 7,000
square foot lots throughout the subdivision; the average width of
the lots will be from 52 feet to 59 feet; showed a floor plan of
one of the units; noted the project meets all of the requirements
of the PC zone and they are in total agreements with all the
conditions imposed by staff and Planning Commission.
Councilman Malcolm questioned the amount of traffic trips which
will be generated by this subdivision and questioned the Director
of Planning's recommendation of the reductions in sideyard
setbacks. He noted that such a recommendation should be brought
to Council as a Policy rather than have the Director agree to the
waiver.
There being no further testimony either for or against, the public
hearing was closed.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text
was waived by unanimous consent, passed and approved with Mayor
COX abstaining.
Councilwoman McCandliss noted her concerns with the reduction of
sideyard setbacks to allow for the 3-car garages. She commented
that if the developer wants the 3-car garages he should arrange
the configuration of his lots to accommodate them.
· Minutes -13- June 16, 1987
MS (McCandliss/Nader) to delete the allowance that allows for the
5'x5' reduction of sideyard setback (condition "o").
Discussion of the motion followed with Councilman Malcolm stating
he would like to see some type of compromise between the
recommended setback and the motion on the floor. The setback is a
policy decision of the City Council and should be decided on a
case-by-case basis.
The motion failed by the following vote, to wit:
AYES: McCandliss, Nader
NOES: Moore, Malcolm
ABSTAIN: Mayor Cox
MS (Nader/Moore) to adopt the Planning Commission recommendation
regarding the 24 hour maximum for the RV'S to remain on the
street. This is to be put in the CC&R'S.
Discussion of the motion:
Councilwoman McCandliss stated she would be voting against the
resolution - she needs more information on how the lots were set
with the sideyard setbacks.
Councilman Malcolm indicated he would reconsider his motion on the
3-car garages and approve the tentative map. The applicant will
have to come back to the City Council for approval of the 3-car
garage.
Mr. Brown stated that if sideyard setbacks were going to be a
problem, the developer would withdraw his request in its entirety
(R-l-7 sideyard setback reduction).
The motion on the Planning Commission recommendation failed by the
following vote:
AYES: Nader, Moore
NOES; McCandliss, Malcolm
ABSTAIN: Mayor Cox
MSUC (Malcolm/McCandliss) to delete the condition that allows for
the 3-car garages and the sideyard setback of 5' and 5' (condition
"o" Of the development regulation).
The motion carried unanimously with Mayor Cox abstaining.
Minutes -14- June 16, 1987
RESOLUTION AS AMENDED, OFFERED BY COUNCILMAN MOORE, the reading of
the text was waived by unanimous consent, passed and approved with
Mayor Cox abstaining and Councilman Nader voting "no."
Councilman Moore requested staff to review the 3-car garages
versus the setback requirements and present a report to the City
Council on the pros and cons at a later date.
31. PUBLIC HEARING CONSIDERATION OF COASTAL DEVELOPMENT
PERMIT #023 FOR GRUBBING AND CLEARING OF
WEEDS AT THE SOUTHWEST CORNER OF "F"
STREET AND TIDELANDS AVENUE (Community
Development Director)
RESOLUTION 13086 AUTHORIZING THE ISSUANCE OF COASTAL
DEVELOPMENT PERMIT #023 FOR GRUBBING AND
CLEARING OF WEEDS AT THE SOUTHWEST CORNER
OF "F" STREET AND TIDELANDS AVENUE
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
In April 1984, the Redevelopment Agency acquired a 2.01 acre
parcel on the southwest corner of "F" Street and Tidelands Avenue
(former site of Marina Motor Motel). The current condition of
this property poses a potential fire hazard due to weeds and
debris that have accumulated in the last year. In order to
eliminate this problem and alleviate the unsightly condition of
the property, weed abatement services are proposed at this time.
The project is exempt from environmental review under the
California Environmental Quality Act pursuant to Section 15304
Class 4.
There is no direct cost associated with the issuance of this
permit. However, the Redevelopment Agency authorized staff to
solicit bids for weed abatement, for the subject site, at an
estimated cost not to exceed $5,000. Funds are available in
account 990-9907-5518 (Acquisition Expenses) for these services.
The recommendation was that the City Council conduct a public
hearing and find that the proposed project is consistent with the
policies of the certified Chula Vista Local Coastal Program and
issuing Coastal Development Permit #023.
There being no testimony either for or against, the public hearing
was closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the
text was waived by unanimous consent, passed and approved
unanimously with Councilman Malcolm out.
Minutes -15- June 16, 1987
32. ORAL COMMUNICATIONS
a. Mr. Douglas Lange, 1693 Sycamore Drive, Chula Vista 92011,
stated that he has applied for a Maintenance Worker low-level
position with the City and has been one of the top 3
applicants; however, he has been passed over a few times. He
accused Mary Thigpen, Personnel Analyst, for passing him over
due to the fact that the Director of Personnel informed him
that Ms. Thigpen was "scared" of him. He asked that Council
take action to let him "meet with his accusers." Since he has
not received help from the City Manager or the Director of
Personnel on this.
MSUC (McCandliss/Moore) to refer to staff to meet with Mr. Lange
and for report back to the City Council. If in fact Mr. Lange was
passed over, he needs to know why so that he can improve on his
skills or whatever the cause is.
Councilman Malcolm asked that the City Attorney be included in
this meeting.
b. Mr. Walt Magnussen, 1070 Del Mar Avenue, Apt K, Chula Vista,
stated that he has lived in this residence for 1-1/2 years.
About 2 weeks ago, his wife heard someone banging on their
bedroom window at 2 a.m. In speaking to his neighbors about
this he was informed that for the past 3 or 4 months there
have been several break-ins in this particular area. He has
- called the Police on two occasions: the first time the Police
called back in 1-1/2 hours and the second time it was 3 hours with
the explanation that they were helping the Border Patrol.
MSUS (Nader/McCandliss) to refer this to staff for a report back
to the City Council.
c. Paul Greene, Sr., 141 Lotus, Chula Vista, submitted an article
from the San Diego Union regarding spraying of Brazilian
Pepper Trees noting "the mess that the trees leave when the
leaves fall off onto people's lawns."
PULLED ITEMS
b. REQUEST TO ALLOW LOT ADJUSTMENT AT 165 MURRAY STREET - Joseph
A. Raso, 165 Murray Street, Chula Vista 92010
c. RECOMMENDATION THAT LOT ADJUSTMENT BE CONSIDERED AT 165 MURRAY
STREET - John Caldwell, 388 Parkway, Apt. D, Chula Vista
92010, Marty Looper, 443 Church Avenue, Apt. D, Chula Vista
92010
Minutes -16- June 16, 1987
These are communications (3b, c) from Joe Raso and others
regarding the remodeling of his house on Murray Street. This
general subject has previously been referred to staff for
report regarding the issue of opening the roof of the house
over the indoor swimming pool in order to meet the lot
coverage requirements for this house. That report is nearly
completed and should be submitted to the Council shortly.
Councilwoman McCandliss indicated that this item keeps coming back
to City Council in piecemeal fashion. She would like to get this
entire matter settled.
Director Krempl stated that it was his understanding that the City
did get assistance from someone with structural expertise. The
Acting Director of Building & Housing is now compiling a report to
Council on this.
MSUC (McCandliss/Malcolm) to continue this matter and to docket it
for the meeting of July 14 at 7 p.m.
Joe Raso, 165 Murray Street, Chula Vista, submitted slides of his
structure and of various houses throughout the City noting one
that is a four story home being built and others that have 50%,
60% and 70% lot coverage. He stated that someone on the City
staff is not checking those plans.
Mrs. Kitty Raso, 155 Murray Street, stated that she has given her
son a portion of her lot in order for him to comply with the lot
coverage. She asked that Council accept this and approve her
son's request.
Mr. Lamar Johnser, 1650 Maple Drive, Chula Vista, stated he is an
electrician; that Mr. Raso's home is a beautiful home and asked
Council to let Mr. Raso complete it.
Mr. Tom Felts, 191 Murray Street, a neighbor Of Mr. Raso, stated
he does not understand what the argument is; he cannot understand
why the condition to open up the roof as only birds will benefit
from that.
Councilman Malcolm remarked that when the report comes to the.
Council, a draft be first sent to Joe Raso so that he can have
time to respond to it at the Council meeting.
d. CONCERNS REGARDING CITY GROWTH - Mr. & Mrs. Maynard Joseph, 36
Sandalwood Drive, Chula Vista 92010
This letter from the Josephs concerns growth control in
general and a rezoning proposal by Stafford Gardner in the
vicinity of E and Flower Streets.
Minutes -17- June 16, 1987
MSUC (Cox/McCandliss) to refer this written communication and have
it come back to the City Council at the time the 96 units on
Bonita Road will be considered.
4. REPORT YOUTH COMMUNITY CENTER IN WESTERN SECTION
OF THE CITY (Continued from meeting of
June 9, 1987) (City Manager)
City Manager Goss reported that one of the remaining issues left
over from the discussions with Homart regarding the redevelopment
of the Chula Vista Shopping Center has been the prospective
demolition of the existing Boys Club at Fifth and "I" in order
that this property can be part of the shopping center project. In
light of the fact that funds would be supplied by Homart to the
City totaling $1,250,000, which can be used for any general
municipal purpose, staff was directed to look at possible sites
for another youth community facility to be located in the western
part of Chula Vista.
It is estimated that the new community youth facility would cost
$840,000 plus landscaping and probably some minimal site work.
Funds from Homart in connection with the revamping of the Chula
Vista Shopping Center would be utilized to pay for this facility.
There probably would be unspecified, but minimal, administrative
costs to administer the lease of the building.
He recommended that the City Council select the Chula Vista High
School site (Fifth and "L" Street)as the replacement youth
facility site; request the Sweetwater Union High School District
to approve in principle the development of a joint use youth
facility on that site; direct staff to distribute this report to
the Girls/Boys Club to determine their interest in negotiating a
lease agreement for the use of this proposed building and if so
interested authorize staff to negotiate said lease.
Councilwoman McCandliss said the question was one of specific
site. In looking over the area she would prefer the Vista Square
School site. Staff's argument to that is that the Vista Square is
too close to Memorial Park so she asked that staff respond as to
the walking distances between the sites being proposed.
Director of Parks & Recreation Mollinedo presented a map noting
the specific site locations and the walking distances which he
stated were 1/2 mile standards for children walking to the
facilities.
Council discussion ensued regarding the walking distances;
visibility of the site selected; traffic generation on the
proposed areas; controversy regarding the relocation of the
Boys/Girls Club; time element involved if a new Club is to be
relocated; construction should start as soon as possible.
Minutes -18- June 16, 1987
Councilman Malcolm noted that the money which will be appropriated
should not go into the General Fund, it should be used to assure
"'1 that the Club will be built. He would like to see "all loose ends
tied up": who is going to operate the facility; if this is to be a
joint venture with the School District, an agreement should be
worked out.
MS (McCandliss/Moore) for approval of the staff recommendation:
the City will be the lead on this and be responsible for the
negotiating leases with the Girls/Boys Club and the School
District. Also, there is to be a review of the possible purchase
of a van and the use of that van for pick-up services for this
facility.
Councilman Moore asked that the purchase of the van be a separate
motion.
Discussion of motion:
Councilman Malcolm commented that the Girls/Boys Club should have
the exclusive use of the building and when they are not using it,
then it can be let out to the community for use. He read a list
of 26 community agencies who have used the Boys Club facility
during the past year.
Lonnie Thomas, President, Girls/Boys Club, 495 "I" Street, Chula
Vista, commended Council and staff for their work on relocating
- the facility.
.!
Councilwoman McCandliss noted that the intent of her motion was
for the Girls/Boys Club to have the lion's share of the facility
and to let them negotiate with the School as to the time the
school can use it.
Mayor Cox noted that staff is trying to work on a cooperative
basis with the School District. The bottom line will be a joint
decision of the City Council/School Board for the relocation site
then staff can sit down with the Girls and Boys Club and work out
the operational details.
AMENDMENT TO MOTION
MSUC (Nader/Moore) to direct staff to proceed in accordance with
Council's priorities being to make this facility available to the
Girls and Boys Club for their programs and use consistent with the
Girls and Boys Club ability to use the facility and whatever
arrangements may be necessary to conclude the deal with the School
District.
The main motion, as amended carried unanimously.
Minutes -19- June 16, 1987
MSC (McCandliss/Malcolm) to include for consideration the purchase
of a van and coordinating van services. The report to come back
to the Council.
Councilman Moore indicated he cannot support this motion remarking
there is no difference in the traffic with the site at Fifth and
"I" Street and that of Fifth and "L" Street.
The motion carried by the following vote:
AYES: McCandliss, Malcolm, Nader
NOES: Moore, Cox
ABSENT: None
13. RESOLUTION ORDERING THE SUMMARY VACATION OF A PORTION
OF AN UNNAMED STREET SOUTH OF PALOMAR
STREET, EAST OF INDUSTRIAL BOULEVARD
(Director of Public Works/City Engineer)
Mayor Cox left the dais at this time and Mayor pro Tempore Moore
presided at the meeting.
The owners of the land proposed to be the site for a Home Club
retail store have applied for the vacation of an unnamed strip of
right-of-way traversing through the middle of the property. The
right-of-way has never been used as a thoroughfare or improved to
provide for traffic. Therefore, the street may be summarily
vacated if all criteria are met allowing for vacation.
The recommendation was that the Council summarily vacate the
subject unnamed street.
Councilwoman McCandliss stated that in the next few years, there
may be extensive redevelopments in this area. She questioned
whether some type of easement on Jayken Way to Palomar might serve
better than doing away with the easement altogether. She a~ked
what the Council can do to insure and protect the City's position
so that in the future the City's can connect that street, if it so
desires.
Director Of Public Works/city Engineer Lippitt referred to the map
noting the configuration of the a easement stating that the
easement will not be needed for traffic circulation. Once Home
Development Company constructs their facility, it may be that the
city would not want to have the easement go through since it will
increase traffic onto Palomar and there is a possibility that this
lot should be reserved for a parking lot.
Minutes -20- June 16, 1987
Councilman Malcolm noted the dangerous traffic condition along
Anita to the trolley line. He indicated this easement is a waste
to the City; however, it may be worth a lot of money to the
developer. He questioned the legality of charging a developer for
this easement. City Attorney Harron noted that the Streets and
Hiqhway Code does have a provision that Council can condition a
vacation of streets and easements.
Councilman Moore noted the following: (1) City should pursue some
type of access right-of-way similar to that of Madison Avenue; and
(2) negotiate for some type of outside contribution.
MSUC (Moore/McCandliss) to defer this for a time so that staff can
negotiate "either/or" (of the two items discussed by Councilman
Moore) with the developer.
Councilwoman McCandliss indicated that the negotiation should also
include anything of a higher level to make it more logical having
a pass-through for this easement.
22. ORDINANCE 2212 AMENDING THE CITY CODE ESTABLISHING THE
SEWERAGE REPLACEMENT FEE FUND - SECOND
READING AND ADOPTION (Director of Public
Works/City Engineer)
Director of Public Works/city Engineer Lippitt reported that
replacement/refurbishment of the existing sewerage system, which
is the purpose of the replacement fee, is in fact a part of the
cost of providing sewer service. It is considered appropriate to
include it as part of the sewer service charge which is collected
through the water companies. However, the amount collected for
sewer replacement will be designated by ordinance and placed in a
separate revenue fund.
The ordinance was placed on first reading at the meeting of June
9, 1987.
Councilman Nader stated he has no problem with the ordinance;
however, he has received a number of complaints from various
senior citizens regarding the increase. They live on a fixed
income and would find this a hardship.
MSUC (Malcolm/Moore) to place the ordinance on second reading and
adoption.
MSUC(Nader/McCandliss) to refer this to staff to work out a
possible "lifeline" for the low income people.
Minutes -21- June 16, 1987
24. REPORT ON CHULA VISTA GPA OCCUPATIONAL STUDY
(Continued from meeting of May 28, 1987)
(Director of Planning)
The City Council held a workshop on the General Plan Amendment
being prepared by PRC Engineering Inc. Council asked whether it
would be possible to assess the job skills of residents within the
Planning Area compared with future occupational employment demand
in the County.
While the information would be of general interest and have some
utility, staff feels that the $32,500 cost of the study proposal
could be better spent in terms of other General Code Issue
refinement including growth management, urban design,
transportation management, and plan implementation.
Councilman Nader indicated he has problems with the staff report.
He has a friend who lives in Washington who wanted to bid on the
project. Since there will be no financial impact on the study, it
is predetermined that he has no conflict of interest on this
item. What he had in mind when he p~oposed this study was what
type of jobs can be expected in this area and then to look at the
business and commercial efforts from that standpoint. He also has
concerns that only one consultant was contacted on this bid.
MS (Nader/Moore) to refer this back to staff to report on how such
a study as this can be done more economically.
Councilwoman McCandliss commented this could be interesting;
however, she does not see any value to this type of study. She is
looking at how mobile people are.
The motion failed by the following vote:
AYES: Nader, Moore
NOES: Cox, McCandliss, Malcolm
ABSENT: None
MS (Cox/Malcolm) to accept the staff recommendation.
The motion carried by the following vote:
AYES: Cox, Malcolm, McCandliss
NOES: Nader, Moore
ABSENT: None
Minutes -22- June 16, 1987
25. REPORT ON REVISED LIST OF PROJECTS FOR THE 1/2~
SALES TAX BALLOT MEASURE (Continued from
meeting of June 9, 1987) (Director of
Public Works/City Engineer)
In November 1986, staff prepared a preliminary candidate projects
list for the Local Streets and Roads Program of the Local Sales
Tax Initiative that will be placed on the November 1987 ballot.
The list was developed from the proposed 1987-88 five year capital
improvement program. It was anticipated that revisions to the
list might be necessary once staff received more information on
the projects list expected to be submitted by the County and
CalTrans and as changed circumstances or future developments
required.
MS (Moore/Cox) to accept the staff report.
AMENDMENT TO MOTION
MS (Nader/Malcolm) to add a statement that adoption of this list
does not constitute the City Council's endorsement of the increase.
Councilman Malcolm reiterated his concerns regarding the increase
of the tax and the $100 million coming into the South Bay of which
Chula Vista area will not see any of this money, it will all go to
North County. He asked that the motion include Council's
opposition of the bill.
Councilwoman McCandliss commented that everyone on the Committee
is now in Toronto at a Transit Conference. There is, however, a
proposal to link up the trolley East Line to the Otay Mesa.
Council discussion followed regarding the recent ballot measure in
which voters voted down the tax increase for construction of more
jails; a question of some of the proposed uses listed in the list
of priorities; and the recommendation from the Mayor to vote "no"
on the modified amendment.
Theamendment carried by the following vote:
AYES: Nader, Malcolm, Moore
NOES: Cox, McCandliss
ABSENT: None
MSUC (Cox/Moore) to review the projects and to request that this
list be reviewed on an annual basis.
Minutes -23- June 16, 1987
33. REPORT OF THE CITY MANAGER
a. City Manager announced that the Council will be considering
the CIP budget at the budget session on June 17, along with
any carryover items.
b. City Manager asked that the instructions to Negotiators
pursuant to Government code Section 54947.6 on the agenda
tonight for Closed Session be continued until tomorrow evening
and to begin the Closed Session at 6:30 p.m. The Chamber of
Commerce has requested that they be considered first on the
docket tomorrow evening.
c. City Manager Goss noted that the meeting on the Brown Field
Task Force item was continued to June 30 at 2 p.m.
34. MAYOR'S REPORT
a. Mayor Cox announced that City Manager Goss will be a panelist
on the Regional Growth Workshop which will take place on
Friday, June 19 at Rancho Bernardo Inn. The City Manager has
also been elected president of the San Diego County City
Manager's Association.
b. Mayor Cox noted the submittal of the list of people invited to
the Nature Interpretive Center grand opening on July 4.
c. Mayor Cox noted the agenda item for the funding of the Nature
Interpretire Center grand opening on July 4. He noted there
will be some expense involved in the opening such as payment
for the bus drivers, police reserves, portable toilets, and so
on and asked that the sum of $1400 be appropriated.
MSUC (Cox/Nader) to appropriate $1400 to cover the expenses of the
grand opening of the Nature Interpretire Center.
d. Mayor Cox commented that since the Nature Interpretire Center
was funded not only by the Redevelopment Agency funds but also
the Bayfront Conservancy, he would like to consider giving
recognition on the plaque by inserting the Governor's name on
it.
It was moved by Mayor Cox to continue this item and refer it
back to staff to check on inserting the Governor's name on the
plaque.
MSUC Malcolm/Nader) to get the "normal" plaque.
Minutes -24- June 16, 1987
35. COUNCIL COMMENTS
a. Councilwoman McCandliss discussed the referral to staff on the
density zoning noting that when projects come to the Council
there is usually an adjustment of that policy. She is
concerned over the gross density versus developable density.
It was moved by Councilwoman McCandliss to refer this to staff
for a written report on the gross versus developable density
and for a policy statement to come back to the City Council
regarding the tightening up of that density.
Director Krempl explained that the General Plan has a
community density factor and explained the factors involved
with the staff proposals.
Councilwoman McCandliss withdrew her motion.
b. Councilman Malcolm noted the letter submitted by Mr. William
Robens of CROSSROADS on the Management Growth Policy. He
asked that this be docketed as an agenda item for the next
meeting.
Council discussion followed regarding the developments on Otay
Mesa; traffic trips which may be generated; people who will be
living in that area and working there versus the people who
will be living outside the area and traveling to employment on
Otay Mesa; attempts to down zone the area and the staff report
coming back on this.
c. Councilman Malcolm stated he received a call from the church
on Bonita Road. He and the Mayor met with them. The pastor
of the church and their Executive Committee are willing to
move on to the school site and their church site can be used
as the relocation of the bowling alley. Councilman Malcolm
indicated this would be a good site since the bowling alley
generates traffic in the off-peak hours. The time elemen~ is
that within the next 40 hours they should make a request to
the School District for the acquisition of this property and
have the church move onto that site. Staff needs to take a
look at this and contact needs to be made now. Since the
phone call came in just this afternoon, there was no time to
put this on the agenda.
City Attorney Harron stated that the Council, by 2/3 vote, can
find that the matter was not available at the time the agenda
was prepared and then can consider it.
MSUC (Malcolm/Moore) that the Council did not have this
information at the time the agenda was prepared and; therefore,
they wish to consider it.
Minutes -25- June 16, 1987
MSUC (Malcolm/Moore) to direct staff to contact the School
District that the City has some interest in this property and try
as expeditiously as possible to put together a package. The
appropriation of the money and everything else will have to come
back to the City Council for final approval.
Councilwoman McCandliss said she could not support having the
bowling alley located on Bonita Road since it is so heavily
trafficked at this time.
Councilman Nader noted Council's actions regarding the
proposed developments on Otay Mesa and directions to staff
which were all done in Closed Session and; therefore, this
information was not available to the members of CROSSROADS.
The direction to staff regarding monitoring the tentative maps
was done in Closed Session and since the public was not aware
of these actions, he hoped that staff would come through with
a summary report.
MSUC (Cox/Moore) to recess to Closed Session to discuss Evergreen
v. Chula Vista and potential litigation.
The Council recessed at 11:00 p.m. and reconvened at 11:05 p.m.
ADJOURNMENT AT 11:05 p.m. to Budget Session # 3 on June 17, 1987
at 6:30 p.m. for a Closed Session and at 7 p.m. for a budget
session, to the City Council Tour on Saturday June 20 at 8 a.m.
and to the regular meeting of Tuesday June 23, at 7 p.m.
'City Clerk
1031C