HomeMy WebLinkAboutcc min 1990/05/08 MINIrIBS OF A REGULAR MFAiTING
OF THE CITY OF CHUIA VISTA
Tuesday, May 8, 1990 Council Chambers
6:15 p.m. Public Services Building
CALL TO ORDER
1. ROll. CALL:
PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox
ALSO PRESENT: John D. Goss, City Manager; Ruth M. Fritsch, Acting City Attorney; and
Beverly/L Authelet, City Clerk
2. pI.F.F~E OF .AIJ.I~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MI~: April 26, 1990
MSUC (Moore4tNader) to approve the minutes of April 26, 1990 as ~ubmkted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation from the County of San Diego Commending the City of Chula Vista for its
Conm'butiorm to Enhancing Community Awareness in Recycling and Clean-Up Campaigns -Presented to the
Mayor and City Council by Ms. Gaye Soroka, Executive Director for the 'I Love a Clean San Diego County,
Inc.' Ms. Soroka presented the proclamation from the County Board of Supervisors to Mayor Cox for the
work done by the City of Chula Vista during the Earth Day 1990 celebrations.
b. Proclamnljon prodalm!ng the week of May 6 through May 12, 1990 as *Public Service Recognition
Week'. Proclamations were presented by Mayor Pro Tern McCandliss to: Sue Brown representing the Chula
Vista Employees Association, Zoubir Ouadah representing the Western Council of Engineers, Don Scofield
representing the International Association of Fire Fighters, Litman Christoper representing Executive
Management, Dawn Herring representing Mid-Management, Edith Lloyd representing pan-time Volunteers,
and Agent Jack Haskins representing the Police Officers Association. Mayor Cox expressed his appreciation
m the employees and volunteers of the City of Chula Vista.
c. Proclamation proclaiming May 22, 1990 as "National Maritime Days in the City of Chula Vista.
Mayor Pro Tem McCandliss presented the proclamation to John Romeo representing the US Merchant
Marines, San Diego Sea Wolf Chapter.
Dave Swicky presented Mayor Cox with a Certificate of Membership to the San Diego Chapter of the Sea
Wolf.
CONSENT CALENDAR
(Items pulled: 5f, 8, 14 and 15)
Mayor Cox noted that Dorothy E. Krack requested Item 13 be continued for one week, to the meeting of May
15, 1990.
MSUC (Cox/Nader) to continue Item 13 to the meeting of May 15, 1990.
Minutes
Page 2
May 8, 1990
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/
BALANCE OF THE CONSENT C~I.RlqDAR O~'~ERED BY COUNCILMAN MOORE, reading of the texts was
waived, passed and approved unanimously.
Mayor Cox stated that the City had received a letter from George Hansen with proposed language that he
felt should be included in the agreement between the City of San Diego and the City of Chula Vista.
MSUC (CoX/Moore) to refer letter to staff to consider when putting together the agreement.
S. WRH'I'Ea'q COMMUNICATIONS:
a. Requesting endorsement of Proposition 116, the ~ Transportation Bond Act, a statewide ballot
initiative which will provide significant funding for passenger rail service in the Chula Vista Region - Craig
Anderson, Endorsement Coordinator, Californians for Transportation Solutions, 909 12th Street, Suite 203,
Sacramento, CA 95814. Recommended that the request be referred to the Legislative Committee.
b. Requesting support for Proposition 115, the Crime Victim Reform Act of 1989 - Vincent D. Jimno,
Honorary Co-Chairman, California Justice Committee, 805 23rd Street, Manhatten Beach, CA 90266.
Recommended that request be referred to the Legislative Committee. /,~,~,
c. Requesting a study for a stop sign at the intersection of yale and Vassar Streets - Rowland E. Gibson,
1709 Yale Street, Chula Vista, CA 92013. Recommended that the request be referred to staff and the Safety
Commission with report back to Council. /~//~7
d. Requesting contn'bufion of $6,500 per year to the CALPlRG Consumer Programg - Jeffrey D. Francis,
California Public Interest Research Group, 3960 Park Boulevard, Suite A, San Diego, CA 92103.
Recommended that the request be considered during the budget process.
e. Requesl:~ng supp6rt of Resolution endorsing initiative entitled 'Global Warming and Clear Cutting
m;duction and Reforestation Act of 199o' - Dean Lewis, Mayor, City of Fortuna, PO Box 545, Fortuna, CA.
95540. Recommended that the request be referred to the Legislative Committee. ]~i/~,~ '
f. Requesting Council adopt specific proposal to integrated waste management - Teresa Aland, 1433
Nation Avenue, Chula Vista, CA 92011. Recommended that the request be referred to staff to be considered
during the expected course of planning of the Citys total integrated waste management plan and that Ms.
Aland be notified. Pulled from the Consent Calendar. Iq~5'~ '
Teresa Aland, 1433 Nacion Avenue, Chula Vista, California, stated the agenda item was miscommi~nicated,
as she had expected to ask for a letter of support. Due to time constraints, she requested that Council adopt
the policy, in concept, of the systems approach. She would like to see Council act upon: 1) the internal
operations, such as staff, etc., 2) letter in support of her grant for the County of San Diego for recycling, and
3) a site use permit. .
Stephanie Popek, Principal Management Assistant, stated she had spoken with Ms. Aland and that staff was
unaware that she was applying for a grant. If Ms. Aland will supply staff with the information requested,
staff would be prepared to give Council a recommendation at the 5/22/90 Council meeting.
MSUC (Cox/McCandliss) to have staff report back to Council at the meeting of 5/22/90.
Minutes
Page 3
May 8, 1990
g. Requesting letter of support regarding possible closure of Long Beach Naval Shipyard - Shelba
Pawell, City Clerk, City of Long Beach, 333 West Ocean BIrd., Long Beach, CA 90802. Recommended that
Counc~ take no action.
6. ORDINANCE 2369 AMENDING SECTIONS 2.56.070 AND 2.56.170, ADDING SECTIONS
2.56.220 THROUGH 2.565140 AND RENUMBERING SECTIONS 2.56.220 THROUGH 2.56.250 RRIATING
TO PIJRCI-IA.~ OF SlIPPLIES, SERVICES AND EQUIPMENT ('second readinE and adol~tion) - The proposed
ordinance will bring the Cites consultant contracting procedures into conformity with state law. Staff
recommends Council place ordinance on second reading and adoption. (Assistant City Attorney/Director
of Finance) /q~/
7. ORDINANCE 2370 AIVIENDING CHAPTER 9.3 OF THE CHI3LA VISTA MUNICIPAL CODE
RELATING TO THE DISCHARGE OF WEAPONS (first readinE) - The proposed ordinance will effectuate the
intent of Council to authorize the current level of seasonal duck hunting at the Lower Otay Reservoir
subsequent to annexation by the City. It amends Chapter 9.36 by adding a section .which specifically
authorizes the discharge of weapons for that limited purpose in the specifically described area east of Wueste
Road and west of the current waterline of the reservoir on its western edge from the city limits on the
southern end to the southerly edge of Otay Lakes Road on the northern end. Staff recommends Council
place ordinance on first reading. (City Manager) ///~'.~
8. RESOLL1TION 15614 TRANSFERRING FUNDS AND AMENDING THE AGRI~'I.-~NT WrH-I KLAGGE
STEVE~S & ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED FOR IMPROVING THE WEST
SIDE'OF FIFTH AVENUE BETWEEN 'I.* STREET AND NAPLES STREET - Klagge Stevens and Associates was
awarded a contract to design street and drainage improvements for the east side of Fifth Avenue from
Street and Naples Street with funds allocated in the 1989-90 CIP budget. In order to expedite the design
and construction of Fifth Avenue, the existing agreement with K]agge Stevens and Assoc. is to be amended
to include design of the westerly half of Fifth Avenue. Staff recommends approval of the resolution.
(Director of Public Works) Pulled from the Consent Calendar. ~4e/a~',~'
Councilman Nader stated it was his understanding that design work had been underway.
City Manager Goss stated that design work was approved but it was only for one side of the street. A
directire was given to staff on 2/27/90 to complete the project on both sides of the street. The money
budgeted in the past was not sufficient once they began grading, drainage, etc. Construction on curbs,
gutters and sidewalks will begin on 8/20/90 from L Street to Naples.
RESOLLrrI ON 15616 OFHffLED BY MAYOR CO X, reading of the text was waived, passed and approved 5-0-0.
9. RESOLUTION 15615 AUTHORIZING REPLACEMENT OF CRIME SUPPRESSION UNIT VAN AND
APPROPRIATING FUNDS FROM THE UNAPPROPRIATED RESERVE OF THE EQUIPMENT REPLACF_4MENT
FUND - Emergency replacetuent of Crime Suppression Unit Van and appropriation of funds from the
equipment replacel~lent fund. Staff recommends approval of the resolution. (Director of Public Works)
/~
10. RESOLUTION 15616 ACCEPTING AND NAMING ~I.EW_.N FOOT STREET DEDICATION AT1616
SILVAS FOR STREET PURPOSES - Accepting and naming eleven foot street dedication at 1616 5ilvas Street
from Richard and Sandra Moore. Staff recommends approval of the resolution. (Director of Public Works)
Minutes
Page 4
May 8, 1990
11. RESOLUTION 15617 ACCEPTINGAGIFTTOTHE CITYTO PROVIDEHE. IJCOPTERANDVEHICI~
TOURS OF THE SALT (]IERK RANCH PROJECT SITE FOR APPROPRIATE OFFICIALS AND F_aMPLOYF~_q OF
THE CITY - Council received correspondence from James M. Harter, Vice President of the Baldwin Company
and Project Manager for the Salt Creek Ranch Project, requesting that representatives from the City navel
to the 1,200 acre Salt Creek Ranch project site prior to public hearings on the Draft Environmental Impact
Report and General Development Plan for the project. Staff recommends Council approve the resolution and
authorize members of the Planning Commission and City staff members deemed appropriate by the City
Manager to participate in helicopter and vehicle tours. (Director of Planning) /A/~{~
12. RESOLUTION 15618 AUTHORIZINGAMENDMENTTOAGREF. MENTFORPLANNINGSERVICES
FOR OLYMPIC TRAINING CEN'IER PROJECT - The conlxact needs to be amended to compensate the
consultant for the remaining work on the project. Staff recommends approval of the .resolution. (Director
of Planning) /~ ~7
13. REPORT ON SEWER F,~cn zll~S PARTICIPATION FEF~ AND DLWI~2~OPMF, Rr IMPACT
FF/_B RF. FIJND REQUF. ST BY DOROTHY E. KRACK - Within the time span that Dorothy Krack, owner of the
property at 1128 Tobias Drive, applied for a building pen-nit and when it was issued, the Sewer Facilities
Participation Fee had been increased from $600 to $2,000. Also, Development Impact'Fees were put into
effect adding another $1,047 to her building permit. Ms. Krack believes that the City took an inordinate
amount of time to process and approve her plans. Staff recommends Council accept the report and deny
the request for refund. (Director of Public Works) Continued to the May 15, 1990 Council meeting.
14. REPORT EAST 'H' STREET PARK SITE - CONCEPTUAL PLAN FOR FIRE STATION,
FIRE TRAINING FACILITY, POLICE MEETING ROOM AND LIBRARY - Report is to present a conceptual plan
for the layout of various public facilities on the East "H" Street Park Site. The plan has been proposed by
Cinti and Assoc, working with the City and McMillin Development. Staff recommends Council approxre the
conceptual plan and direct staff m address the phasing and construction of the planned facilities with the
City's Five-Year Capital Improvement Program. (Deputy City Manager) Pulled from the Consent Calendar.
Councilwoman McCandliss stated she had requested that staff bring the diagrams to the meeting for Spa I
and Spa II so that the park areas could be identified.
George Krempl, Deputy City Manager, stated that the acreage in Spa 1 is 34 gross acres, 30 net, which is.
double the thresholds. Spa II has a 6 1/2 acre neighborhood park (currently undeveloped), this is about
one acre over the threshold for Spa If.
Councilman Moore questioned if the open space was part of the credit given for park land.
Mr. Krempl stated that because the acreage was in excess of that required, there were no credits given.
City Manager Goss stated there were several exhibits and that the area of the library has been left open and
might be moved further to the east.
MSC (Moore/Malcolm} to accept the report and recommendations from the staff, and direct staff to address
the phasing and consmlction of the planned facilities with the GiBes Five-Year Capital Improvement
Program. Approved 4-O-1 with Mayor Cox absent.
Minutes
Page 5
May 8, 1990
15. REPORT PUBLIC LIABILITY INSURANCE FOR THE SUNNYSIDE SADDLE CLUB - At
the 3/9/9(Y Courier meeting, Council questioned the amount of the public liability insurance requirement
in the proposed Facility Use Agreement with the Sunnyside Saddle Club. Staff was directed to review the
liab~ity mount to insure the City is protected. Staff recommends Council accept the report. (Acting
Director of Parks and Recreation) Pulled from the Consent Calendar. /~?~,~b
Councilman Malcolm questioned what the firm recommendation was from the staff.
Diana Levin, Risk Manager, stated that if the Club keeps the ring closed to the public, they would
recommend $3 million of liab~ity insurance and if open to the general public, $5 million.
Councilman Malcolm questioned why one or two weeks a go the staff recommendation for the trains was only
one-half million dollars.
Mrs. Levin stated that the train situation was studied extensively by a safety expert several years ago, and
it was determined to be very safe. The equestrian ring is somewhat different due to the horses;
unfortunately the worse possible loss is the most likely loss, which would be a fall from a horse with a spinal
cord injury. The City then becomes the deep pocket as the property owner.
Councilman Malcolm questioned ff there was a better way to have immunity, i.e. age limit, waivers, etc. to
allow flexibility in the mount of insurance.
Acting City Attorney Fritsch stated there were conditions that could be attached to the agreement which
might lower the risk. She did not see an impediment to the condition of age limit.
COuncilman Malcolm stated he would like to know the number of people involved and the ages.
Rosland Poebrier, 528 Park Brook Street, Chula Vista, California, President of the Sunnyside Saddle Club,
stated they had only received the notice of the meeting four days prior, and they understood that by law they
were to be notified ten days prior; they requested a continuance of 90 days.
Jerry Foncerada, Acting Director of Parks and Recreation, stated the report was a result of the meeting of
3/6/90 meeting, where staff was asked to review the $1 million insurance.
Ms. Pdehner stated that the Club currently has a $1 million policy, and the City is named as an additional
insured.
Mr. Foncerada stated they have requested, but had not received, the Certificate of Liability Insurance.
Mayor Cox stated he did not have a problem of continuing for 90 days, but that the City must have a copy
of the Certificate of Liability Insurance, naming the City as an additional insured on file before this can be
considered again.
MSUC (Cox/Moore) to continue this item for 90 days and that the Saddle Club bring in a current Certificate
of Insurance l~nmi~lg the City as an insured.
Mayor Cox stated there should be a report back to the Council regarding what type of insurance coverage
the Club does have and any concems that staff may have.
Counc~man Nader stated he would like to see detailed information on more creative ways to address the
liability problem, particularly through waivers. If the recommendation is staying the same, he would like
Minutes
Page 6
May 8, 1990
the report to address the likelihood that the public will be able to continue participating, and if that is small;
the report should address the impact on the opportunity of equestrian activity to the Chula Vista public.
He wanted to know if there other programs that offer this or is the City losing something that is
irreplaceable.
* * END OF CONSENT CALENDAR * *
PIJBLIC HEARINGS A,ND RRIATED ~OLDTIONS AND ORI)INJ~'qCES
16.k PUBLICHEARING GPA-88-2M: AMENDMENT TO THE MONTGOMERY SPELIFIC PLAN BY THE
REDESIGNATION OF A CERTAIN 12.22 ACRE AREA, LOCATED ON THE SOUTHEASTERLY QUADRANT OF
A UNNAMED STREET AND PALOMAR STREET FROM "RESEARCH AND LIMITED INDDb-iRIAL' TO
qVIERCANTILE AND OFFICE COMMERCIAL", ON THE PLAN DIAGRAM OF THE MONTGOMERY SPECIFIC
PLAN (continued from 5/1/90 at the request of the applicant) (Director of Planning)
B. PUBLIC HEARING PCZ-88~-M: APPLICATION TO REZONE THE ABOVE SITED PROPERTY
FROM "1VI-52" (LI1VIH'tfl) INDUSTRIAL) WHICH IS THE CITY ADOFrED COUNTY ZONING TO "C-C-P"
(CENTRAL COMMERCLAL SUBJECT TO A PRECISE PLAN) (continued from 5/1/90 at the request of the
applican0 (Director of Planning)
This being the time and placed as advertised, the public hearing was declared open.
Barbara Reid, Assistant Planner, stated that the recommendation should include that the Council certify the
final EIR and an addendum has been prepared by CEQA, the State CEQA guidelines, and the environmental
review procedures of the City of Chula Vista and that Council has reviewed and considered the information
in the report and that Council adopt the Mitigation and Monitoring Report.
Councilman Nader questioned whether Council needed to approve the Mitigation and Monitoring report ff
they deny the project.
Ms. Reid stated there was no need to certify the EIR or be concerned about the Mitigation and Monitoring
Report in that case.
Dan Pass, Principal Planner, stated they had recommended denial of the application as it would increase
Montgomery's land use irabalance. They currently have approximately four times the commercial zoning
as is recommended by city planners. Commercial overzoning produces both commercial center redundancy
and antiquation and creates marginal and uneconomic commercial uses, stimulates the general decline in
the appearance and function of the urban form, and consumes land which would be allocated to other land
uses. The applicant has not established a need for a mercantile center. The Montgomery Specific Plan
prescribes a balanced use of land, and the proposed amendment would disturb this balance. Since
commercial land is higher in price than industrial land, there is a statewide trend to rezone. This trend
could seriously reduce employment opporumities within the Montgomery Community and the City of Chula
Vista at large. The proposed project calls for the development of four fast food sites; Montgomery is
currently glutted with fast food facilities. Staff feels this would set a precedent for the commercialization
of industrial lands in the Montgomery area.
City Manager Goss stated that he agrees with the comments made and he wanted to make it clear that there
may be some opportunity to consider certain types of commercial bur not the types the City sees repeated
so many times within the Montgomery area. The City has received a letter from William Leiberman, Director
Minutes
Page 7
May 8, 1990
of Planning Operations, MTDB, urging the Council to deny the request and to encourage development that
would enhance the trolley station next door.
Mayor Cox questioned whether the Montgomery area was also in excess of industrial uses.
Mr. Pass stated there was no rule regarding industrial uses. He did not feel it was overdone in the
Montgomery area.
Councilman Nader questioned whether the Council was to approve the General Plan amendment and zone
change and not being asked to approve any specific plan for this piece of land.
Mr. Pass stated that he was correct.
Councilman Nader questioned whether they could approve a General Plan amendment and rezoning, either
the one before Council or an amended version. He also questioned whether this would have to come back
before Council.
Mr. Pass stated this would not automatically come back before Council even ff there was a P Modifier. It
would have to go before the Design Review Committee.
Councilwoman McCandliss stated one of the uses was a grocery store and questioned how close this was to
the store on Palomar and Broadway.
Mr. Pass stated it was almost across the street.
Councilman Nader questioned what the Council would have to do to comply with MTDB request and to
bring it before the Council before building permits were pulled.
Mr. Pass stated that Council could request a zone to be tailor made which would allow industrial,
commercial, and residential and require all to be permitted to the Conditional Use Permit process and
coming to the Council as well as the Planning Commission.
Lee Wheeland, 1630 Walnut Drive, Chula Vista, California, representing the Montgomery Planning
Committee, spoke in support of the staff recommendation. She stated the proposed project would create an
irabalance of commercial uses in the Montgomery area and felt approval would set a precedent regarding
the rezoning of industrial land to commercial.
Charles Gill, 600 B Street, Suite 1100, San Diego, California, representing Pacific Scene, stated the project
has been in the process for over two years. It is the first project that an EIR was considered, from scratch,
by the Montgomery Planning Committee. The EIR states that there will be no adverse significant affect to
social or economic indicators in Montgomery based on development of this site as commercial. They feel
that this type of neighborhood/commercial is not in abundance in the Montgomery area. It is their
understanding that MTDB wants development that will generate ridership, and they feel the commercial
zoning allows mixed use (residential/commercial), whereas the industrial zoning does not allow residential
uses. Development of this site for retail/commercial will create approximately the same amount of jobs as
industrial. As an applicant, they have been unable to understand, staffs position as it relates to industrial
development of this site. The City has through the Redevelopmeat Agency, created the Otay Valley
Redevelopmeat area which includes a significant amount of IL zoning.
Ranall CooperSmith, 1010 2rid Avenue, San Diego, California, 92101, Director of Planning, Project Design
consultants, representing Pacific Scene, stated that the Urban Land Institute indicated the standard they use
Minutes
Page 8
May 8, 1990
is not an absolute but a nationwide standard. The EIR has concluded that the development would not
increase extended vacancies in other areas, it will provide the community with more convenient shopping.
The uses in planned centers are different than strip centers and the planned center will draw major tenants.
They feel that the use is compatible with the surrounding area, the property is a gateway to the Montgomery
Area, and will create the proper image the City wants.
Jim Moxham, 3900 Harney Street, San Diego, California, representing Pacific Scene, stated that the project
would not increase the commercial land by 6% and in reality would only increase it by 1%. Staff states that
the community would need S0 acres of commercial land, the Urban Land Institute states there are no rigid
guidelines. Staff states that commercial rezoning creates major urban problems, the problem is not
commercial but too much strip commercial along Broadway. The EIR very clearly states that Montgomery
is deficient in drug stores and grocery stores. There is very little industrial demand in the Montgomery area,
there are current vacancies. The project has interest from twenty different major businesses for the center.
Mega Foods would occupy approximately 20% of the center and all aspects of fast food facilities will be
tightly controlled. The Traffic Engineer has concluded that all traffic circulation problems have been
mitigated and this has been acknowledged in the EIR. The development is consistent with surrounding uses,
provides services identified in the EIR, has significant demand, and will be a gateway to the community.
Councilwoman McCandliss questioned the other major rirms expressing interest in the center, and how
different the uses were from the other strip centers.
Mr. Moxham stated there was interest from Marshall's, TJ Max, Lionel Toys, hardware, and small home
improvement companies. These firms all require more space than available in a strip center.
Mr. Pass stated that most of the firms mentioned would be included in the 1L zoning. The Council altered
the IL District regulations to accommodate Toy's R Us. If it is a huge operation, dealing in mass sales where
they use the floor for storage, it would be a permitted use.
Councilman Nader questioned if the Council created a new zone or created a new zone with a P Modifier
would they be willing to go back and talk to the City Park and Recreation Department and MTDB to modify
the project to address their concerns and come back subject to a later approval by the Council.
Mr. Moxham responded they were acceptable to any suggestions to improve the community, but there were
questions of the economic viability of altering the project which were very complicated, and he would be
unable to answer at this time.
Antonio Castro, 158 Zenith Street, Chula Vista, California, previous Chairman of the Montgomery Planning
Committee, spoke as a person living in the community that he would like to see the project go through with
some modifications regarding the four fast food facilities. His family has always had to travel out of the area
to do their shopping. He would not like to see housing in the area and is concerned that industrial has its
own set of problems, i.e., traffic, trucks, etc. He questioned the possibility of cutting a second entrance to
the trolley on Artira Street to relieve congestion on Orange Street. He expressed his concerns also over usage
of the compact car parking spaces and felt they should all be designed at the maximum size.
Nancy Palmer, 971 4th Avenue, #42, Chula Vista, California, previous Chairman of the Montgomery
Planning Committee, stated she felt the EIR and addendum was flawed and faulty. She did not feel it
addressed the severe economic and traffic impacts. She also felt it did not address the cumulative effects.
She urged the Council not to certify the EIR, and if the project is significantly changed, she requested that
a supplemental EIR be required.
Minutes
Page 9
May 8, 1990
Councilman Nader questioned whether the EIR identifies the level of service at Broadway and Palomar and
1-5 and Palomar as C or above.
Hal Rosenberg, Traffic Engineer, stated that was correct. According to the Consultant, the mitigations
proposed were acceptable to staff in terms of the providing the mitigation to problems identified.
Ms. Reid stated that the adoption of a mitigation program would assure that all of the mitigations would
be put in place and monitored.
Don Gardner, owner of a 250,000 square foot industrial park just south of the site, felt the Council should
take into consideration that many of the employees do not live in the area and more than half ride the
trolley. He felt a commercial node located by the trolley would be beneficial to the employees of the
industrial parks.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm requested that staff outline what is being required for the traffic mitigation.
Mr. Rosenberg reviewed the mitigation measures included in the EIR.
Councilman Malcolm spoke to the benefits of the Tetra Nova Center and felt any traffic problems in the area
were created by the City. He felt that type of improvement should be approved more often. He stated he
did not see consistency in the staff recommendations in the uses and that it was extremely difficult to obtain
financing for mixed use projects. He emphasized that people using the trolleys are shopping at the centers.
He felt Council should approve the commercial zoning with a P overlay and have the project brought back
to the Council. The matter before Council, is whether the commercial use is proper and will it enhance the
city. ,~s a point of clarification, he noted that the Planning Commission did certify the BIR but voted down
the project.
Councilwoman McCandliss stated that the project before them tonight was more of the same that is in the
Montgomery area. If it was new, she could see changing the zoning; but this project is not something new.
She did not feel the zoning should be changed and did not feel it was appropriate to take action tonight.
She stated there was no guarantee there would not be a sale of the property if the zoning was changed.
Councilman Nader questioned the adequacy of the EIR regarding the mitigation measures for traffic. He did
not feel Council should give up the project tonight and would like to direct staff to broaden the permissible
uses on this land, place a P Modifier on it, require that any plan come back before Council before being
approved, and that staff work with MTDB and the applicant to revise the project so as to take full advantage
of the proximity of the trolley station.
Councilman Moore stated that he had a problem with changing the zoning and questioned why the Council
did not consider a CUP and move on with the project.
Mr. Leiter stated the CUP would cover his concerns but that the term mass sales would have to be clarified.
Councfiman Moore stated that if there are doubts regarding the traffic in the EIR, it should be solved with
a double check with City staff or with a supplemental EIR for traffic.
MAYOR COX O~ RESOLUTION 15578, Certifying Final EIR-89-4M and the Mitigation Monitoring
Program with Addendure for the Palomar Trolley Center.
Minutes
Page 10
May 8, 1990
Councilman Nader questioned ff it would be appropriate to make a referral to staff to bring back some type
of zoning change to include that they would do any necessary supplemental EIR work.
Acting City Attorney Fritsch stated it would be appropriate.
Councilwoman McCandliss questioned staff as to why they accepted the EIR when it stated that the lwaffic
levels were all within A, B, or C.
Ms. Reid stated that all the EIR's are circulated to the various departments that would have concerns, and
this had been circulated to the Traffic Engineer. Before Planning recommends certification of an ElK, they
must receive comments from the departments that state the EIR is adequate, and they are satisfied.
SUBSTI'IUTE MOTION: (Moore/Nader) to defer the EIR until the two or three intersections in question can
be reviewed either by supplemental FaR or by City forces.
City Manager Goss explained that Council wanted the information on the two or three intersections
rechecked with information back to Council before the EIR, as a whole, would be approve& He felt that
staff had the capabfiity of doing that.
Mayor Cox stated that the intersections were: 1) Paiomar and Orange Street, 2) Palomar and Broadway, and
3) Industrial and Palomar. He questioned the length of time needed by staff to complete the review.
Mr. Leiter stated that four weeks would be adequate.
The public hearing was reopened by the Mayor.
Mayor Cox clarified the motion as follows: to continue the public hearing to the meeting of June 5, 1990
at 4:00 p.m. and to evaluate the intersections adjacent to and in the vicinity of the property.
Mr. Rosenberg reviewed the intersections and added the intersection of Palomar and the Trolley Station.
Councilman Nader stated that it should be the entire Palomar quarter that would be impacted by this
project.
Mayor Cox stated he hoped staff could update Council at the same time of the CalTrans I-5 improvements.
VOTE ON MOTION: approved 5-0-0.
C. REPORT CERTIFICATION OF FINAL EIR-89-4M WITH ADDENDUM - PAIl)MAR
TROI.I.RY ¢~.,hTTER. }~/7~t/~/
RESOLLrrION 15578 CERTIFYING FINAL EIR-B9-4M WITH ADDENDUM - PALOMAR TROLLEY
CENTER - Staff recommends approval of the resolution.
RESOLLrrION 15613 DENYING GPA-88-2M TO REDESIGNATE A CERTAIN 12.22 ACRE pARC:RL
OF LAND, LOCATED ON THE SODTHERLY SIDE OF PALOMAR STREET BETWEEN BROADWAY AND
INDUSTRIAL BOULBrARD, FROM 'RB'EARCH AND LIMITED INDUSTRIAL' TO 'MERCANTILE AND OFFICE
COMMERCIAL* ON THE PLAN DIAGRAM OF THE MONTGOMERY SPECIFIC PLAN - Staff recommends
approval of the resolution.
Minutes
Page 11
May 8, 1990
17. PUBLIC HFAKING PCS-89-12: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR SUN-
UP VISTA, (2-1LFLA VISTA TRACT 89-12 - GOD KEY DEVELOPMENT (continued from 5/1/90 at the request
of the applican0 (Director of Planning) /~.
This being the time and place the public hearing was continued to, the public hearing was declared open.
Robert Leiter, Director of Planning, stated two sites had been removed and replaced with a recreation area
and in addition there was a reevaluation of the circulation. Driveway locations along Telegraph Canyon
Road and were reviewed by the Engineering Department and designed to their satisfaction. The one issue
on the proposal deals with the types_ of recreational facilities proposed by the applicant on the site originally
planned for the two units. Staff recommends that Council place a condition to limit to passive recreation
or open space uses and recommend approval of the revised plan.
Councilwoman McCandliss questioned the open space easement and the impact on the canyon.
Mr. Leiter stated the grading had been reduced but there was still some grading for a basketball court and
croquet area. Staff was recommending that it be retained as an open space area which would fiather reduce
the grading.
Councilwoman McCandliss questioned whether the back lot area would be available to the other homes.
Mr. Leiter stated it would not. The Council could allow some limited passive type use, and a homeowners
association could be established, to maintain it.
Councilwoman McCandliss stated she wanted to preserve the area but felt it could be used for backyard
passive uses. She questioned if it would meet the goals if designated as a passive use open space to be
utilized by the new homeowners along Telegraph Canyon Road.
Mr. Leiter stated that ff Council allowed limited passive recreation and having it owned by the homeowners
association in common, staff would not object.
Ken Green, 3944 W. Point Loma Boulevard, San Diego, California, representing Gold Key Development,
stated the owners have agreed with staff recommendation for an open space and not to have a park or
homeowners association.
Roderick McGraw, 845 Del Mar Downs Road, Solana Beach, California, representing Sun-Up Vista, stated
that out of the five houses, three of the lots have rum-around on-site parking on Lots 3 and 4, it is
impossible to have rurn-around parking due to the small lot sizes. Lots 3 and 4 have three car garages wi~h
parking pads which will allow for six on-site car parking. The other lots will allow for four on-site car
-parking. He requested that the Council approve the project as amended.
Angie Tu. boa, 3845 Allen School Road, Bonita, California, owner of the property, stated the land has been
an eye-sore for some time, and they were trying to develop it. She noted this was the third year and she
wanted it settled tonight. She felt they have complied with all Council requests.
There being no further public testimony, the public heating was declared closed.
Councilman Nader expressed his gratitude to the developer for their w~lingness to work with staff and felt
it was a much better project than originally submitted.
Minutes
Page 12
May 8, 1990
RESOLDTION 15442 APPROVING PCS-89-12, TENTATIVE SUBDM SION MAP FOR SUN-UP
VISTA, CI-ILFLA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT - Staff recommends approval of the
resolution.
RFSOLUTION 15442, APPROVING PCS-89-12, TENTATIVE SUBDIVISION MAP FOR SUN-UP VISTA, CHULA
VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT, OFFERED BY MAYOR COX, reading of the text was
waived, passed and approved 4-0-1 with Councilman Moore absent.
Councfiwoman McCandliss stated that due to a lack of understanding of the Council's desires, the plan
produced in the middle did not meet the concems of the Council, and she felt this was now a good
development.
Councilman Malcolm stated he felt the only fair thing to do was to vote for the resolution, but he did not
feel it was a good project or an attractive project. Because it could not be improved upon, he would vote
for it but he still had the same concerns.
18.A. PUBLIC HEARING PCC-90-25M: APPEAL OF PLANNING COMMISSIONS DENIAL OF
CONDITIONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAY EQDITiliS
LTD. (continued from 4/17/90 at the request of the applicant) Staff recommends denial of the appeal PCC-
90-25M. (Director of Planning)
Mayor Cox noted that Mr, Beatty was ill and requested that the public hearing be continued for one week.
MSUC (CoX/Nader) to continue to the May 15, 1990 Council meeting.
B. PUBLIC HEARING PCC-87-39M: APPEAL OF CHULA VISTA PLANNING COMMISSIONS
REVOCATION OF CONDITIONAL USE PF. RMIT - REQUEST FOR RV STORAGE AT 1375 BROADWAY -
BROADWAY EQLII-I-IP_.S LTD. (continued from 4/17/90 at the request of the applicant) Staff recommends
denial of the appeal of PCC-87-39M. (Director of Planning)
RESOLLFIION 15589 DENYING APPEAL FROM PLANNING COMMISSION REVOCATION OF
CONDITIONAL USF- PERMIT PCC,-BT-39M AND TO DENY APPEAL OF CONDITIONAL USE PERMIT PCC-90-
25M REGARDING AN R_V. STORAGE FACILITY AT 1375 BROADWAY - BROADWAY EQUITIES LTD.
19. PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTI ON OF HILLTOP DRIVE NORTH
OF BONITA ROAD - As part of the subdivision development on the property bounded by "E~ Street, Bonita
Road and Hilltop Drive, the owners have requested the City to vacate the east half of Hilltop Drive on the
north side of Bonita Road. At its meeting held on 3/27/90 Council adopted Resolution No 1SS65 setting
the public hearing to consider the vacation. Staff recommends approval of the resolution. (Director of
Public Works)
City Manager Goss stated that the issue to come back to Council involved possibility of financial recompense
to the City for the area of H~ltop Drive that would be vacated to this project. He stated there was no formal
or scientific way of identifying the value of the properly and felt the applicant could make a good case for
the value to be zero, as they can redesign the project and eliminate r. he property. The recommendation was
a drive-by appraisal due to the short time flame, and staff did conclude that the improvements, would be
made under the proposal on the remainder of the property would be of benefit to the City and valued at
$30,000. With credit given for extra work on E Street, it rounded off to $25,000.
Minutes
Page 13
May 8, 1990
This being the time and place as advertised, the public hearing was declared open.
Jackie McQuade, 339 East J Street, Chula Vista, California, stated she felt it was poor planning to build a
1400 foot wall at the gateway of Bonita and Chula Vista in order to protect fifteen families from traffic noise.
She proposed that this land be utilized as a botanical garden with the City trading land with Mr. Gardner.
At the very least, she requested that the Council consider how to handle a problem of this type in the future.
She is not opposed to the vacation of land but requested that the $25,000 be earmarked for environmental
purposes such as: several drought tolerant gardens for the public to view and emulate, with the funding
given to a steering committee made from the various garden clubs; the purchase of the little parcel adjoining
the Hilltop Park on 1st Avenue; replace Rohr Park trees to another site; help pass the $21,000,000 bond
issue the Mayor has proposed; or add horticultural displays to the proposed tree farm at East H and 1-805.
Donna Mallen, 693 East J Street, Chula Vista, California, spoke at the request of Jackie McQuade regarding
the establishment of a drought tolerant botanical garden.
There being no further public testimony, the public hearing was declared closed.
Mayor Cox stated that the recommendations were very good, but he was hesitant to earmark the money for
any particular project tonight.
RESOLLFHON 15593 ORDERING TIlE VACATION OF A PORTION OF HILLTOP DRIVE NORTIt
OF BONITA ROAD
RESOLUTION 15593, ORDERING TIIE VACATION OF A PORTION OF HILLTOP DRIVE NOR'll-I OF BONITA
ROAD, OFFP_~F_J) BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved S-0-0.
Councilman Nader expressed his gratitude to Ms. McQuade for taking the time to appear before Council.
MS (Nader/McCandliss) to refer to staff and Resource Conservation Commission the question of the use of
the $25,000, specifically look at joint project with Southwestern College for a drought resistant garden
project and when tim& are deposited, it be in a specific account so it can be idenlffied.
Councilman Nader requested a report back on a past referral regarding a joint use project for a drought
resistant garden demonstration project.
SUBSTITUTE MOTION: (Cox) refer to the staff, Resource Conservation Commission. and the Chula Vista
2000 Steering Committee to come back with recommendations for the $25,000.
Councilman Nader stated the intent of the motion was that this project specifically be looked at in the report
back to Council.
Mayor Cox stated his motion would be open ended with the project with Southwestern College to be
reviewed.
Councilman Malcolm stated he had a problem with the motion. He felt that if someone has a good project,
they should compete at budget time with other projects. This is a General Fund asset and if Council is going
to do anTthing, they should fulfill the commitment made to the Boy's Club, and he was opposed to the
motion.
Minutes
Page 14
May 8, 1990
Councilwoman McCandliss stated one of the reasons for setting aside the money was that at one time it was
hoped the land could be set aside for an open space area but the Chula Vista 2000 Committee was not able
to move that fast, and she felt that the money should be set aside to be used for an environmental project.
Councilman Moore stated that somewhere in the budget programs there should be potential projects
regarding environmental concerns.
Councilman Nader stated that this is a referral on how to spend the money and make sure the money does
not disappear into an amorphus fund.
AMENDMENT TO THE ORIGINAL MOTION: {Nader/approved by McCandliss) to include the Chula Vista
2000 ComrniV~ee in his motioll, passed and approved 4-1-0 with Councilman Maleolin oppose&
OTHER BUSINESS
20. ORAL COMMUNICATIONS
Victor A. Nolan, 12 Via Barbarani, Chula Vista, California, on behalf of James Lovitt, stated that the residents
of Bayscene Mobile Home Park are to receive an award for the violation of the City's Ordinance which
protects the residents of a mobile home park. He thanked the former and current Mobile Home Housing
Coordinators and Assistant City Attorney, Richard Rudolph.
Mr. Nolan stated he had been nominated for an award by the County of San Diego's Aging Commission, and
that he had not won but was thankful to those that nominated him.
Dr. J. O. Lee Solomon, 1640-57 Maple Drive, Chula Vista, California, referred to an articled in the San Diego
County Los Angeles Times dated 5/3//90 regarding the Tobacco Ban for Minors proposed by the City of
Vista. He felt the City of Chula Vista should pass a resolution banning tobacco for minors.
Councilman Nader questioned whether it was illegal to sell tobacco to minors and hoped the law was being
enforced in the City.
Bruce Boogaard, City Attorney, stated his staff would research the law, and that Council was prohibited from
discussing this issue as it was not a listed item on the agenda.
MSUC (Cox/Nader) to refer this issue to staff for an information report back to Council. /"Y6(,[~
21. rly_ys pUIJ.Rn FROM THE CONSENT CALENDAR - Items 5f, 8, 14 and 15 pulled. Minutes reflect
the published agenda order.
22. CITY MANAGERS REPORTfS)
a. Lack of parking at the Nature Interpretire Center - Verbal Report
Stated that information had been received by the Redevelopmeat Agency regarding options for
parking for the Nature Interpretive Center on an interim basis while the fleeway construction is underway.
Minutes
Page 15
May 8, 1990
b. Stated there was a public hearing for alternate landfill locations by the County and a reference was
made in the newspaper that the City of Chula Vista was not represented. In checking with the County and
City staff, it has been determined that the City of Chula Vista was not given notice of the public hearing.
There are several other hearings in the future and the City will be represented at those.
c. Stated that there was an article in the local newspaper regarding negotiations with Jones Intercable
and that the statements were not attributable to the City staff.
23. MAYORS REPORT(S)
a. Referred to the motion made at the meeting of 5/1/90 regarding signage for the entry signs for the
City. It was his intent that this include each of the freeway entries, north end of the City at I-S, south end
of the City at I-5 and similar locations with 1-805.
24. COUNCIL COMMENTS
a. Councilman Moore:
Reviewed comments from members of the Metro II Group at their last meeting. He requested the
Council guidance on the vote. The weighted vote system similar to SANDAG has been the preference and
he requested in writing any other proposal the Council may have.
Referred to a school bond issue in Dade County where they tried to obtain maximum community
coverage with the cable television. He would like to refer this to staff to see what the potential is and to
come back with a report.
MSUC {Moore/Nader) to refer this issue to the City Manager for review, informational gathering, potential
options and operating costs. ;'q~& 7
Councilman Nader questioned whether it would be possible to include in the report the capability
of telephone call-ins.
Councilman Moore stated he had thought of the town meeting concept, but he would not rule out
the possibility of the telephone call-ins.
b. Councilman Nader:
Felt it would be appropriate to hold a public hearing for the rate increase by Laidlaw. This was
listed as a pass-through cost from the county. He felt it would be appropriate to inform the public and to
use it as a forum for recycling and source reduction.
Councilman Malcolm stated that if there is a problem with the rate increase there isn't much that
the Council can do. Staff is currently working on source reduction, and he did not feel the City was ready
at this time.
City Manager Goss stated that staff was not ready at this time, but that when it did come there
would probably be a rate increase to pay for the program; that may be the appropriate time to discuss this
issue.
Minutes
Page 16
May 8, 1990
Assistant City Manager Asmus stated it would take a vote of the Council to call a public hearing and
that in discussing this issue with the Finance Director, they were not sure the franchise provides that
mechanism for a pass through, as it does for a rate increase,
Councilwoman MeCandiiss stated she believed it only called for a public hearing if the increase is
above the CPI,
Requested that the item be placed under his comments for the Council meeting of S/15/90,
Referred to the Growth Management Plan adopted by the City Council at a meeting in which he was
not in attendance, He expressed his concern that there were no mechanisms for reaching the goals listed,
He referred to the growth management plan adopted by the City of Escondido and the usage of lower rates
of growth than projected by SANDAG,
MSUC (Nader/Moore) to refer to staff to have an information report back to Council when the
implementation plan is before Council, or sooner, comparing the growth management mechanisms with the
City of Escondido's plan or any other nearby jurisdictions staff may deem appropriate. /4t/tl; 8
Councilman Moore stated that the tax base influenced the growth management plan.
Expressed his concern over the information received on the water growtab management threshold.
He stated that one of the water agencies had stated that growv. h management was the City's business and
that the action recently taken by the County and local water agencies is indicative of the fact that there
needs to be closer dovetailing of land use decisions and water policy.
MSUC {Nader/McCandiiss) refer to the Growth Management Oversight Committee, that as part of their
current process of annual review of the thresholds to ask if there should be any revision to the target or
enforcement mechanism of the water threshold, in light of the current water alert. /'F~9
Stated that Board Members have expressed their concern over the treatment of Board/Commission
recommendations. He felt there should be a Council Policy stating that these are automatically placed on
the Council Agenda.
Councilwoman McCandliss stated that the Council did have a policy, established approximately three
years ago, that states the Board or Commission should submit a letter or a memo directly to the Council with
a copy to the City Manager.
Councilman Malcolm stated that every Al13 has a column for Board or Commission
recommendations.
City Manager Goss stated that it is also administrative policy and if there are any problems, staff
should be notified.
Councilman Nader requested that a memo or letter from the Mayor be sent to the members of the
Boards and Commissions and their secretaries outlining the policy. This could also be reviewed during the
Board and Commission training workshop.
Councilman Moore stated that Committee referrals could be added to the monthly report of Council
referrals.
Minutes
Page 17
May 8, 1990
Councilwoman McCandliss felt that it was important to have staff know that Administration was also
supporting this.
c. Councilman Malcolm:
Expressed his disappointment in the expansion of Scripps Hospital and lack of movement.
Welcomed the new City Attorney, Bruce Boogaard.
Recognized the awards won by Acting City Attorney, Ruth Fritsch, and felt she should be
commended for her efforts.
ADJOURNMF2qT
The City Council adjourned to a closed session with the Redevelopment Agency at 9:50 p.m. to discuss:
Instruction to negotiators pursuant to Government Code Section 54956.8: potential franchise for
cable television - Jones Intercable
Potential litigation pursuant to Government Code Section 54956.9
Potential acquisition of the following property: East H Street - Paseo Del Rey and Tierra Del Rey
(Rancho Del Rey Parmership, owner)
ADJOURNMENT AT 10:38 P.M. to the Regular City Council Meeting on May 15, 1990 at 6:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: ~ ,
Vicki Soderquist, Deputy Ci~,~lerk