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HomeMy WebLinkAboutcc min 1990/08/28 MINUTES OF A REGULAR MEETING OF THE CITY OF CHULA VISTA Tuesday, August 28, 1990 Council Chambers 6:0S 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; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PI.RDGE OF AIJ.EGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: None CONSENT CAIIjqDAR (Items pulled: 5a, 5b, 8, 10, and 15) BALANCE OF THE CONSENT CAI.F. NDAIL AS AMENDED, OI"FMtED BY COUNCILMAN MOORE, reading of the text was waived, passed and approved unanimously. 5. WRI'I'I'MM COIVIIVIUNICATIONS: a. Request to provide towing services for the City of Chula Vista - Casey Jones Jr., 178 Minot Avenue, Chula Vista, California 92010. Staff recommends that Mr. Jones' letter be filed, and a letter be sent to him advising him of the contents of the Chief of Police's memo. Pulled from the Consent Calendar Casey Jones, Jr., 178 Minor, Chula Vista, California, representing Eagle Towing, stated he was the only black towing company in Chula Vista and he felt he had been filtered out of the process for towing services for the City. Councilman Malcolm stated he had talked with Mr. Jones and had recommended that he address his problem by writing to the Council. He felt it should be City policy to help Chula Vista residents. He thought the Council should consider expanding the list by one and docket the request with recommendation from staff whether one additional contract should be let to someone in Chula Vista that wants to bid on it. MS (IVIalcolm/Nader) to direct staff to come back with report on pros and cons of having one more approved towing company. Councilman Nader stated he thought there was a referral last year on evaluating the policy of letting the towing contracts and number and whether the limitation set was appropriate. Minutes August 28, 1990 Page 2 Dawn Herring, Principal Management Assistant, replied that Council requested a report back which would include stricter requirements. Mayor Cox questioned why Mr. Jones had not responded last year after notification. Mr. Jones replied he was in the Navy and was in the middle-east at the time. VOTE ON MOTION: approved unanimously. Councilman Moore stated he would like to see a list of those who live in the City, and whether they have business only in Chula Vista. b. Request for City Attorney's response to City Council referral on animal control procedures, as they relate to skunks and opossums - Jerry W. McNutr, 522 Tallow Court, Chula Vista, California 92011-5636. Staff recommends that the letter be filed. Pulled from the Consent Calendar ,~,~,~ City Manager Goss stated all calls regarding possums were referred to private exterminators. He was unable to outline the procedure, but did know that when called, staff would refer the caller to the correct agency or person. This is also the policy adopted by the County. The contracts with Imperial Beach and National City are for the animal shelter only and not for animal control services. MS (Malcolm/McCandliss) to accept the staff report. Mayor Cox noted the letter expressed concern over animals being released by the animai shelter or by people bringing animals down there. The City has no control over other people releasing animals, unless they can catch them, but as far as animals in the City of Chula Vista, it is done by a private exterminator. Jerry McNutt, S22 Tallow Court, Chula Vista, California, stated he knew that National City had been releasing the animals at the Chula Vista anima] shelter on Otay Valley Road. After his first letter, they began releasing them at Sweetwater Dam. Mayor Cox stated that Imperial Beach and National City are to be notified, by letter, that the Chula Vista animal shelter will not accept skunks or possums and that they should be turned over to the proper agency or contractor for disposal. VOTE ON MOTION AS AMENDEaD: approved unanimously. c. Board of Ethics Vacancies - D. Richard Rudolf, Board of Ethics Secretary. It is recommended the Mr. Keefe's resignation from the Board of Ethics be accepted with regret, and that a letter of appreciation be sent to him. ]q.~.~ ~ 6. ORDINANCE 2390 ALrl'HORIZING AN AMENDMENT TO 'IHE CON'IK~CT BETWEEN THE ~I'IY OF CHULA VISTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption. (Director of Personnel) 7. ORDINANCE 2391 AMENDING CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBLrrIONS (second reading and adoption) - The ordinance contains several Minutes August 28, 1990 Page 3 clarifications that the Board of Ethics felt were necessary to the existing campaign contributions ordinance. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) Councilman Nader questioned whether the City Attorney had received information from the Attorney General's office regarding enforcement. City Attorney Boogaard responded that the District Attorney is investigating whether they will represent the City in these matters. He expected a decision within the next two weeks and he recommended Council adopt the Ordinance tonight. 8. ORDINANCE 2393 REZONING 4.92 ACRES LOCATED NORTH OF 'C' STREET (second reading and adoption) - Project involves subdividing 6.88 acres into 34 lots, and rezoning approximately 4.92 acres thereof to R-l-P-6 (single family/precise plan/6 dwelling units per acre). Twenty-five single-family dwelling lots and three open space lots will be under precise plan standards and requirements. Six lots will be conventional subdivision lots ranging in size from 7,000 to 26,900 square feet. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) Pulled from the Consent Calendar Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, spoke in opposition to the staff recommendations. He referred to the access road between the cliff and the mobile home park and noted there is a barrier to that will be constructed to keep automobiles from landing on the mobilehomes. In talking to Cliff Swanson, he recommended that an eight foot chain link fence be constructed along the outside of the barrier, along the roadway where the rooftops are exposed, to keep debris from the rooftops. Because Mr. Swanson was not at the meeting, he wanted Council to be aware of this recommendation. Robert Leiter, Director of Planning, replied it was not a condition of the tentative map, however the City Engineer would have the authority to allow it to occur. If it was Council's intent to require the fence, it would have to be placed as a condition. John Lippitt, Director of Public Works, agreed with Mr. Leiter and felt if Council wanted to insure the fence would be constructed, it should be made a condition. Councilman Nader felt the developer should have the opportunity to respond before adding a condition. MS (Moore/Nader) to amend condition #4 to read: 'guardrail and eight foot chain link fence should be Councilman Nader felt staff was aware of what the Council desired and that the City Engineer could require the type of fence necessary. City Attorney Boogaard recommended that in addition to Councilman Moore's language, Council add: "or other barrier approved by the Planning Director and City Engineer". Councilmembers Moore and Nader agreed to the addition to the amendment. Councilwoman McCandliss stated she would abstain from voting as she was not in attendance at the public hearing. VOTE ON AMENDMEhFI' TO ORDINANCE 2392: approved 4-0-0~1 with Councilwoman McCandliss abstaining. Minutes August 28, 1990 Page 4 Thomas A. Davis, 1657 Gotham Street, Chula Vista, California, spoke in opposition to additional growth and the impacts on traffic, water, sewer, etc. within the City. He requested Council vote on growth items individually rather than leaving these items on the Consent Calendar. Councilman Moore questioned if there were any items on the Consent Calendar, other than second readings, which would generate more traffic, etc. City Manager Goss replied that land use actions require public hearings. The second readings are then placed on the Consent Calendar. He could not think of anything with that type of impact that would go on the Consent Calendar. Councilman Nader responded that there were several proposals currently under review that would address the environmental issues Mr. Davis addressed. ORDINANCE 2393, AS AMENDED, PLACED ON SECOND READING AND ADOPTION BY MAYOR COX, reading of the text was waived, passed and approved unanimously. 9. ORDINANCE 2394 PREZONING 68.30 ACRKS TO A-8 AS SHOWN ON EXHIBIT A (second reading and adoption) - Area is south of Telegraph Canyon/Otay Lakes Road between Paseo Ladera and Rutgers Avenue - City initiated. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) /AI~3O 10.A. RESOLUTION 15809 APPROVING PALOMAR T[~OIJ~Y' CF~rYEP~ EXP~A~N]E)ED PI.a/~l~ AG~ - Agreement allowing for processing plans for expanded center with high sales tax generating tenants while vesting approval of originally proposed Pacific Scene project. Staff recommends~Council place ordinance on first reading. (Director of Community Development and City Attorney) Pulled from the Consent Calendar /~/.~ ~ / Councilwoman McCandliss stated she was not present at the public hearing and had been unable to view the tape, therefore, she would abstain from voting on the resolutions and ordinance. City Attorney Booga_ard replied that Resolution 15809 was not the subject matter of the hearing and Councilwoman McCandliss was entified to participate in voting. This item will be before the Redevelopmerit Agency on August 30, 1990. RESOLUTION 15809 OFFERED BY COUNCILMAN MALCOI2~, reading of the text was waived, passed and apprnved unanimously. B. RESOLUTION 15810 A1MENDINGTHEMONTGOMERYSPE.CIFICPLAN(GPA-88-2M)TOREPLAN THE PS1 SITE AS ~MERCANTILE AND OFFICE COM1VIERCIAL" - Staff recommends approval of the resolution. (Director of Community Development and City Attorney) RESOLUTION 15810 OFFERED BY COUNCILMAN MALCOLIVI, reading of the text was waived, passed and approved 4-0-0-1 with Councilwoman McCandliss abstaining. C. ORDINANCE 2395 REDESIGNATING THE PSI SITE PARCEL FROM M-52 TO C-C-P (PCZ-88-J- [M]) (first reading) - Staff recommends approval of the resolution. (Director of Community Development and CiW Attomey) Minutes August 28, 1990 Page 5 ORDINANCE 2395 PLACED ON FIN READING BY COUNCILMAN MALCOLM, reading of the text was waived, passed and approved 4-0-0-1 with Councilwoman MeCandliss abstaining. ll.A. RESOLUTION 15812 APPROVING AGREF-MENT BETWEEN THE CITY OF CHULA VISTA AND WOODLAg PARK COMMUNITY CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGIIREMENT - The Council approved allocation of $201,150 of 1990-91 CDBG funds to social service and housing assistance organization on 5/22/90 and revised that ailocation to $181,350 on 7/24/90. The U.5. Housing and Urban Development Department requires a written agreement between the City and each sub- recipient of CDBG funds. Staff recommends approval of the resolutions. (Director of Community Development) ]q~9 ~ B. RESOLUTION 15813 APPROVING AGREEMENT BETWEEN THE CITY OF GHULA VISTA AND SO~ COUNTY CODNCIL ON AGING AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 15814 APPROVINGAGRgF-MENTBETWEENTHECITYOFCHULAVISTAANDSAN DIEGO RESIDENT REI.&TIONS FOUNDATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT /¥~ ~'~ 12.A. RESOLUTION 15815 APPROVING THE SOFTWARE PRODUCTS PURCHASE AGREEMENT WITH Ig INC. FOR PURCHASE OF SOFTWARE PRODUCTS AND ASSOCIATED INLEX PROVIDED ITEMS - The Library seeks approval of purchase agreements and customer service agreements for hardware and software by INLEX, Inc. and Hewlett Packard for the new library automation system. Staff recommends approval of the resolutions. (Library Director) Councilman Malcolm questtuned whether the system could be expanded as new libraries were built. Rosemary Lane, Library Director, responded the system was chosen for its growth pattern. B. RESOLUTION 15816 APPROVING THE PURCHASE OF THE ANNUAL CUSTOMER SUPPORT SERVICES AND SOFTWARE MAIBrI'ENANCE AND ENHANCEMENTS AGREEMENT WITH I~ INC. AND ALH'I-IORIZING CITY MANAGER TO RENEW ANNUALLY ON THE SAME TERMS AND CONDITIONS EXCEPT FOR A COST OF LIVING INCREASE C. RESOLUTION 15817 APPROVING THE AGREEIMF2{T WH'H HEWLETF PACXARD FOR PURCHASE OF AN PIP 3000/935 MINI COMPI3TF.~ PERIPHERAL EQUIPMENT AND SOFTWARE UNDER THE TERMS AND CONDITIONS OF THE AGREEMENT BY AND BETWEEN HEWLE'FF PACKARD AND THE STATE OF CALIFORNIA, A1H18 D. RESOLUTION 15818 APPROVING THE PURCHASE OF THE ANNUAL CUSTOMER SUPPORT SERVICES AGREEMF2qT WITH HEWLETF PACKARD FOR HARDWARE AND SOFFWARE MAINTENANCE UNDER TERMS AND CONDITIONS OF THE AGREEMENT BY AND BETWEF~ HEWLETF PACKARD AND THE STATE OF CALIFORNIA, A1H18, AND AUTHORIZING CITY MANAGER TO RENEW gAILY ON SAME TERMS AND CONDITIONS EXCEPT FOR A COST OF LIVING INCREASE 13.A. RESOLUTION 15819 APPROVING THE'FINAL MAP AND SUBDM SION IMPROVEMENT AGE EEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGE EgMENT FOR CI-IULA VISTA TRACT 88-3, EASTIAKE GREENS UNIT 5 - Approving final map and subdivision improvement agreement for Chula Minutes August 28, 1990 Page 6 Vista Tract 88-3, EastLake Greens Unit 5 consisting of 105 single family lots and three open space lots. Staff recommends approval of the resolution. (Director of Public Works) B. RESOLUTION 15820 APPROVING AN AGREI~MENT WITH THE DEVELOPER OF EASTLAKE GREENS UNIT S SUBDM SION ~ED TO SATISFY TENTATIVE MAP CONDITIONS OF APPROVAL NUMBER 30 AND 31 - Approving agreement regarding withholding building permits for any units if traffic exceeds the City's adopted thresholds and waiving right to protest formation of assessment district for the construction of street improvements. Staff recommends approval of the resolution. (Director of Public Works) /'~ 9 ~ 14. RESOLIYrION 15821 ACCEPTING BIDS AND AWARDING CONTRACt FOR 'PAINT PIT REMOVAL' AT THE CORPORATION YARD, APPROPRIATING FUNDS THEREFORE, AND APPROVING AN AG~ WITH THE REDEVELOPMENT AGENCY OF THE CITY OF CHUIA VISTA - The City is the owner of property at 707 F Street which is used for the City Corporation Yard and contains a former paint disposal pit which is required to be removed and cleaned up. The Redevelopmerit Agency desires to acquire the opportunity to negotiate for the purchase of the property at some time in the future. The agreement between the City and the Agency provides for the Agency to pay the City for the first right of refusal for the purchase of the property for a period of 15 years and for the Agency to pay the City $316,000. On 8/1/990, the City Engineer received sealed bids for the paint pit removal at the City Corporation Yard. The work includes removing and disposing of the vertical paint pit and the horizontal concrete pit, excavating and stockpiling soil, backfilling with stock piled soil that is deemed reusable, importing additional backfill and repaying the site, and treatment or hauling and disposal of the contaminated soil. Funds for this project must be appropriated. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 8/21/90. Requires 4/S's vote. 15. REPORT RECOMIVEENDATIONS RECEIVED FROM THE RRIJGIOUS/NON-PROF1T INSTITUTIONS TASK FORCE - Staff recommends that Council direct further review of Task Force recommendations by representatives of the Task Force, development community, and staff. (Director of Planning) Continued from the 7/17/90 Council meeting. Pulled from the Consent Calendar ]q.;lit ~ Duane Bazzel, Associate Planner, gave a brief overview of the history of the Task Force. The two areas of concern in the responses to the report were: 1) facts of the report, assumptions of percentages of small, medium, and large churches, sizes of sites, percentages of churches expected to own a site, and constitutional and legal issues; and 2) concern over high cost of site acquisition, lack of responses to bid requests for sites, and need for incentives to be able to provide affordable sites. Councilwoman McCandliss noted the recommendation for a continuance from staff and felt there should be a specific date so sites could be designated and made available. Robert Leiter, Director of Planning, replied that the major issues had to do with the amount of land to be set aside for churches. Issues regarding how the City would designate, how sites would be offered, how long to be held, along with legal issues need to be addressed. He understood there was a similar task force working on these issues in Orange County but there is very little information available. It was hoped that with a continuance there would be three or four additional 'meetings where some of the issues could be worked out. Councilman Malcolm expressed his concern over the number of developers that were against the report. He felt the name should be changed so it would include community uses and he noted that the Boy and Girls Scouts, AA and NA, homeless, schools (private), daycare, senior care and recreation, military personnel Minutes August 28, 1990 Page 7 during holidays, those teaching traditional family values all meet within the churches of the community. He felt the land should be held in perpetuity for these community purposes because they do not have the money and cannot compete equally for the land. He wanted to see the report back and implemented as he felt it had gone on way to long. Don Schock, 853 Blackwood Road, Chula Vista, California, Chairman of the Task Force, spoke in opposition to the staff recommendations. He asked that in future communities, property be set aside that would not be in competition for pricing. He hoped the City would work out some of the problems with the developers and accept the report as presented. Councilwoman McCandliss referred m the minutes of the Human Relations Commission and questioned whether the Task Force had been notified of the meeting. Mr. Schock responded they had not been notified. Councilman Nader questioned whether a land use designation for non-profit community uses would meet the intent of their recommendation. Mr. Schock stated some of the non-profit organizations were able to get revenues from fees, grants, etc. Churches were unable to do so. He felt the findings were what the religious community needed. They were not asked to develop criteria for all non-profit organizations. Councilman Malcolm responded that the utilization of "non-profit community organizations" was to conform with legal requirements. Tim P. Jones, 978 Mayra Avenue, Chula Vista, California, spoke in opposition of the staff recommendations. He stated that in the letters received from the developers, there were no suggestions or recommendations as requested. He asked that the Council create a market where the churches could fit in. He noted the recommendation from the Construction Industry Federation, which requested Council utilize the Chula Vista 2000 Report, and stated the report did not contain one reference to churches or church sites. John Rolls, 1741 Chesire Way, Escondido, Califol~ia, Attorney, spoke in opposition to the staff recommendation. He had been asked by Mr. Schock to review the letters, Task Force recommendations, and staff report. He felt the issue of constitutionality was raised only to defeat the report, as there was no mention of case law, etc. He expressed concern that there was as much danger in interfering in the free exercise of religion, if the present policy continues, as there would be from preferential n'eatment. Bill Hauf, 12707 High Bluff Drive, San Diego, California, representing San Miguel Parmers, spoke in support of the staff recommendations. Commended the Task Force for the work they have done on the recommendations. He had been informed that there were several sites that have not been sold and he questioned the demand for these sites, even if they had been discounted. He recommended that Council give the developers an opportunity to participate more fully in the process and expand the Task Force outside of the religious community to obtain further input. They support the ideas of a good master planned community that includes non-profit or church sites. John Seymour, 6336 Greenwich Drive, San Diego, California, representing Construction Industry Federation, spoke in favor of the staff recommendations. He stated he was unaware of the report or the Task Force until correspondence was received on July 26th. They were not able to give input to the report but did respond when they received the report. They felt the existing process for zoning, conditional use permits, etc. for institutional purposes was working. They were concerned with reserving land solely for religious institutions, or holding land in perpetuity. They would rather see the City move towards a process where Minutes August 28, 1990 Page 8 a church could site in an existing community or in a new community, with a streamlined conditional use process or siting in areas where the church would be beneficial to the new community. He felt the Task Force should work with the City towards streamlining the CUP process and look at those issues before siting so they would be compatible with the existing neighborhood. They should also refine existing guidelines to work towards sharing child care facilities, park facilities, parking facilities, etc. Councilwoman McCandliss questioned their reference to utilizing the Chula Vista 2000 report as a guideline. Mr. Seymour responded there were several pages in the Chula Vista 2000 report regarding locating facilities and/or sharing facilities, i.e. village concept. Kim Kilkenny, 11995 E1 Camino Real, San Diego, California, representing Otay Ranch and the Baldwin Company spoke in favor of the staff recommendations. He noted the City of San Diego refers to this type of zoning as an Institutional Zone. With this zoning in place he felt it would lower the value of the property and make it more affordable for the churches. It would also provide an opportunity for the church to build by right or go through a streamlined CUP process and avoid some of the bureaucratic process involved in a CUP. Other issues to be resolved would be where the property is located, how much property, size of facility, etc. He stated they looked forward to working on these issues with the staff and Task Force. Michael Gallagher, 2727 Hoover, National CiW, California, representing Rancho Del Rey Partnership, spoke in favor of the staff recommendations. He complimented the Task Force on work done. They agreed with the Task Force that providing sites for religious and non-profit institutions should be a part of any master planned community. They felt there were legal and practical issues that made it hard to support the document. He also questioned the demand for property and noted they have had property available. ,.. Katy Wright, 900 Lane Avenue, Chula Vista, California, representing EastLake Development Company, spoke in favor of the staff recommendation. She stated they did not have a problem in designating sites for churches but did have a problem with designating them in perpetuity. She noted they had a site for sale for two years and have downsized the parcel and are asking $200,000/acre and still do not have a bid. She recommended the staff and Task Force work toward how the sites can be made more affordable and the calculations on number of acres needed for the larger churches. There should also be a communication system to notify the churches when a new site is being made available. Rick Johnson, 391 Bay Leaf Drive, Chula Vista, California, Pastor, and member of the Task Force, stated he was extremely disappointed in the staff recommendations. The Task Force did not receive any input from the developers and he felt the time for studying was over. He did not feel it was a constitutional matter but a land use issue and he hoped Council would go against staff and implement this right away. If Council concurred with staff, then on an interim basis, no more developments should be built or the report should be implemented on an interim basis. Dennis Napier, 776 D Avenue, Coronado, California, concurred with Pastor Johnson. He urged the Council to move forward with the Task Force recommendations and to adhere to timelines set. Paul L. Greene St., 141 Lotus Drive, Chula Vista, California, referred to a court document and questioned whether "the People" were those of the churches represented. City Attorney Boogaard requested that staff recommendations be amended: 1) The name of the Task Force be changed to the "Community Purpose Facility Task Force' and redesiguate its purpose to examine and report on the need for community purpose facilities in the City of Chula Vista and to present a plan or method for implementing their report. 2) To adopt as the official purpose of the City Council in making this change and in directing the Task Force as herein designated, that it be to achieve the secular purposes as Minutes August 28, 1990 Page 9 stated by Councilman Malcolm. 3) Instruct the Task Force to adopt the secular purposes identified herein and to reconsider its recommendation in light of the new purpose. 4) Instruct staff to set up meetings be~zween the Task Force and property owners. 5) Report back to the City Council in four weeks with all implementing language as may be necessary to implement the revised directions of the Task Force. MS (Cox/Moore) to approve the City Artorney's recommendation. Mayor Cox felt the report was excellent and it was an obligation for everyone to see some of the recommendations be implemented. The comments received tonight also put forth ideas that should be explored. It was important to make sure that when implementing the recommendations all areas were covered. By accepting the recommendations of the City Attorney, it was not an a~tempt to subvert the recommendations of the Task Force but an effort to move forward with an implementation phase. AMENDMENT TO MOTION: (IVlcCandl/ss) to require that at the time this comes back to Council, in four weeks, all implementing ordinances required to implemanr the Community Purpose Facility Task Force report be included, and modifications could be made at that time. Mayor Cox agreed to include the amendment in his motion. City Attorney Boogaard stated they would have to go through the Planning Commission, bur he would be able to present draft ordinances for their review. Councilman Nader questioned if recommendation no. 2 could be amended to be a list of examples, such as "spiritual growth and development". Mr. Schock felt the City did not have the right to tel1 the churches how to use their property or buildings. City A~orney Boogaard stated this would create zones in which community purpose buildings could exist. This could be a church or YMCA and once designated they could occupy it exclusively. Councilman Nader questioned whether a zone that included the following use: Boy and Girl Scouts, AA and NA, homeless, private education, day care, senior recreation, promotion of family values, worship and spiritual growth and development, would meet the Task Force's recommendations. Mr. Schock responded that he would feel more comfortable with that then he would with what they currently had. Councilman Malcolm felt that by having the zoning set up and prezoned, people would have the opportunity to know what would be near their property. He felt the property owner had a right to know where these facilities would be located. The acreage would have ro be increased if organizations such as the VFW, Rotary, etc. were to be aliowed. AMENDMENT TO MOTION: (NaderAVIoore) to amend Recommendation #2, from the City Attorney, to clarify that Council is listing examples of what types of uses would be permitted in the community purpose zone which would include the uses outlined by Councilman Malcolm and to add for purposes of 'worship, spiritual growth, and development'. The term *community purposes* is to be used instead of 'secular'. City Attorney Boogaard sttongly recommended that it be limited to "spiritual grow'oh" and eliminate the "worship" example. Minutes August 28, 1990 Page 10 .) Councilman Nader responded that if the City Attorney had concerns that this would be illegal, he would expect a confidential memo outlining those reasons. He felt it should be understood that worship should be allowed in this zone. VOTE ON MOTION: approved unanimously. MF CNader) staff move simultaneously in placing implementing ordinance on the Planning Commission agenda. Motion died for lack of second. 15A. RESOLUTION 15822 APPROVING AGR RRMENT BETWEEN THE ~ OF CHUI~ VISTA AND JAMES M. MONTGOMERY CONSULTING ENGINEERS, INC. FOR THE PREPARATION OF A FINANCIAL PLAN AND SEWER REVENUE PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY AND RESCINDING RESOLUTION NO. 15795 -(City Attorney) Unanimous Consent Item /~/1 t/~ City Attorney Boogaard stated the City was participating in the Metro Sewer Grant and this item had been on the agenda of the 8/21/90 meeting. The agreement was written with $200/day liquidated damages, which the Council amended to $S00/day. The City was unable to reach an agreement with the engineers and due to the extremely short time frame for the project to be completed he felt an emergency existed and ir could nor be delayed until the next meeting. He requested a unanimous vote from the Council to place this item on the agenda. MSUC (Cox/Moore) to add Resolution 1S822 to the agenda for consideration. City Attorney Boogaard then reviewed the changes in the contract. The liquidated damages were reduced -) from $500/day to $250/day. He requested Council's approval of the resolution. Councilman Nader responded he was not satisfied with the agreement as amended regarding the liquidated damages but under the circumstances, i.e. costs to rate payers, he would vote for the resolution. RESOLIIIION 15822 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 16. PUBLIC HEARING PCS-90-12: CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR GRETCF1FaN ESTATES, CHULA VISTA TRACT 90-12, AT 54 AND 56 'F' STRF~T - Project involves the subdivision of approximately 1.19 acres, into six single family residential lots ranging in size from 7,335 to 10,530 square feet. Staff recommends Council concur with the Planning Commission's recommendation and approve the resolution. (Director of Planning) Continued from the meeting of 8/21/90. This being the time and place as advertised, the public hearing was declared open. Ken Lee, Assistant Director of Planning, gave a brief overview of the proposed project. ) Minutes August 28, 1990 Page 11 Councilwoman McCandliss questioned the standards utilized by the zoning administrators to ensure that the homes would fit in and be compatible with the surrounding neighborhoods. Mr. Lee responded the panhandle lot provision allowed the zoning administrator to review the architecture of single family homes that are developed under that scenario. Councilwoman McCandliss questioned whether attention had been given to tree for tree replacement. Mr. Lee responded there were approximately 53 trees, with 8 being removed but it was not set as a specific condition. Councilman Nader stated it appeared the surrounding lots were much larger than the proposed lots. He questioned whether there was any information presented in an oral report to the Planning Commission that was not included in their information. Mr. Lee responded that the oral report was given by the developer and staff was not present. Councilman Nader questioned the referral in the staff report to the designated bike route and its impact. Mr. Lee did not feel there would be an impact, it was included to address the elements of the General Plan. Councilman Nader questioned why fire sprinklers would be required only on lots 3 and 4. Mr. Lee responded it was due to the distance of the lots to the public street, and was a requirement of the Fire Department. Michael A. Green, 535 H Street, Chula Vista, California, representing Don Goss, spoke in favor of the staff recommendations. It was his opinion that panhandle lots were common in the City and he felt this was one of the best developments. He also stated the developer agreed to tree for tree replacement. Don Goss, 5130 Bonita Road, Bonita, California, Developer of the project, showed slides of his current projects within the City. Dianna Davis, 65 F Street, Chula Vista, California, spoke in opposition to the staff recommendations. She stated her home would be directly across from one of the proposed homes. She noted many of the neighbors were opposed to the project and resented being told their concerns were insignificant. She opposed the project and felt Council should be concemed with the increased density within the City. The homes have been designated as 2,500 sq. ft. with two stories. She referred to the residential areas that have been changed into thoroughfares due to higher density and felt it was inappropriate for the City. Mr. Lee stated staff had reviewed the possibility of three lots in the rear of the property. Staff felt due to the configuration of the property and the central drive, it did not lend itself to a three lot subdivision. Ms. Davis felt the cut back to two or three lots would be agreeable. She stated the neighbors felt the decision was made and were not in attendance to voice their concerns. It is felt that once something is approved by the Planning Commission that very seldom is it denied by the Council. They felt several of the remarks by the Commission were offensive. Councilman Nader felt that was extremely unfortunate and did feel public input was extremely important to the Council. Minutes August 28, 1990 Page 12 There being no further public testimony, the public hearing was closed. Councilman Moore noted that the property owners had rights and felt it was a judgement call by staff and Council as to how many lots there should be. He questioned whether it was a public or private street whether stag had a rule of thumb to estimate how many existing dwellings had added on. Mr. Lee replied that it was a private street and staff did not know what percentage of existing homes had additions. Councilman Malcolm resented being called a rubber stamp and noted that the last two projects approved by the Planning Commission were denied by Council. He stated there were rules and regulations set and should be followed. He felt staff and the Planning Commission had made the proper recommendations, but there should be further conditions set for approval. Staff should look closely at the color scheme, roofing materials, etc. RESOLUTION 15805 APPROVING TENTATIVE MAP FOR GRETCHEN ESTATES, CHULA VISTA TRACT 90-12 RESOLUTION 15805 OFFEI~ED BY COUNQLMAN MALCOLI~, reading of the text was waived. MSUC 0VlalcolmfNader) to add condition #13 that would require a one for one tree replacement (1S gallon). Councilwoman McCandliss stated she was concerned that Council would be lighting a fuse for property acquisition and subdivisions in the area. She did not see anything unique about the project to allow for an additional unit. Given the area, she felt it should be a more standard lot configuration fewer units) which would be in better harmony with the neighborhood. Councilman Nader questioned the density of the project including the existing two umts. Mr. Lee responded it was 1.2 acres with a density of 1.5 units per acre as it presently sits and if Council approved two more units it would be approximately 3 units per acre. Councilman Nader stated he could support a subdivision of four or five units but felt a total of six units would create to dense of a project. Councilman Malcolm informed Council that if the properW owner came in to obtain a land split to put three lots on one of the parcels, and it met all City requirements, it would not come before Council. If there were two owners, and they decided to do it separately, they could have six lots. Because this person decided not to do it that way, and bring the plan before Council all at once, Council would be able to add additional requirements and conditions. If Council wants to change the regulations, they should do so. Mayor Cox questioned what provision was required for the maintenance of the access way. Mr. Lee responded that the owners would be required to file an agreement with the City, under the panhandle lot provisions, which would make all parties responsible for maintenance. Mayor Cox noted this would go before the Design Review Committee and questioned what requirement conditioned the review. Minutes August 28, 1990 Page 13 Mr. Lee responded that because it is a panhandle lot, Council could require the architecture be reviewed by the Design Review Committee, it is not a current requirement. MSL1C (Cox/Nader) to modify condition #4 to stipulate that the homes be subject to review by the Zoning Admirtistrator and the Design Review Committee. Councilman Nader questioned whether the owner could come in for a land split and have it approved administratively even if Council approved the project tonight. Robert Leiter, Director of Planning, replied that Councilman Nader was correct, but each of the parcel maps would have to show appropriate access to the rear lots. Mr. Lee responded that there is a notification process with the parcel map procedure. lfthe applicant were to lay out separate parcel maps, they would have to meet all City requirements. If the project were to be submitted to staff as two parcels to be split into six lots, staff would notify Council as an "information item". Councilwoman McCandliss stated Council needed to decide what was in the best interest of the City. She did not believe the subdivision as configured was the best solution. Mayor Cox stated that if the City wanted areas to remain as open space, they should step forward and purchase the property. The plan as proposed does meet the City requirements and with the condition of having the project go before the Design Review Board he felt there was a safeguard. AMENDMENT TO MOTION: (Nader/McCandlLss) to reduce the total number of lots created to five, approved 3-2-0 with Counc~man Malcolm and Mayor Cox opposed. City Attorney Boogaard informed Council the project would have to be returned to the Planning Commission to have the lot lines redrawn. MS (Cox/McCandliss) to refer the project to the Planning Commission for review. Councilman Nader felt he needed to make it clear that in offering the amendment, he did not want a policy change of no more subdivision. If that was what he wanted, he would have voted to deny the entire project, but he felt it was worth having the Planning Commission look at. VOTE ON MOTION: approved unanimously. OTHER BUSINESS 17, ORAL COMMUNICATIONS 17a. Jim Willjams, 6572 San Miguel Road, Bonita, California, Chairman of the 1990 the Orange Crate Derby Committee, stated the event had been held the last ten years on Briarwood Road and they now felt they had outgrown the area. They have selected the roadway between Corral Canyon starting at Corral Ridge and running north to the Corpus Cristi Church. They proposed blocking the roadway on September 22nd and 23rd between 6:00 a.m. and 5:00 p.m. They service approximately 165 children with financing through the McMillin Company and have a $3 million liability policy. They draw approximately 500 spectators, provide their own security, and do all the clean-up. They are working with McMillin trying to get a permanent site established in one of their developments. Minutes August 28, 1990 Page 14 City Manager Goss stated his office had not received any information regarding their request. MSUC (Cox/Malcolm) to docket the item for consideration at the 9/4/90 Council meeting. 17b. Fred Drew, 1275 Banner Avenue, Chula Vista, California, stated he would not be at the next Council meeting as he would be attending his daughters wedding. He objected to Councilman Moore's campaign pledge published in the Star News. Councilman Nader responded that he was familiar with the pledge by Mr. Moore and also Mr. Fox and noted he had also made a similar pledge when he ran for Council. He wished that every candidate would agree to a spending limit and that it could be required by ordinance. 17c. Bill Hauf, 12707 High Bluff Drive, San Diego, California, representing the Building Industry Association, invited Council to a water program to be held on September 20th. The intent of the program is to address what the water supply situation is, where the new supply is coming from, and need for water for urban, agricultural and environmental uses. There will be audio tapes available for those unable to attend the meeting. 17d. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, stated another Mobile Home Issues Committee meeting was canceled due to lack of quorum. He had talked to the Chairman of the Charter Review Committee to see if those members of the Mobile Home Issues Committee could get a variance so they would not have to be residents of the City of Chula Vista. This is vital, as most of the park owners were not residents of the City. He would appreciate any help the Council could give in alleviating the problem. /~/.1 q~ ,, Mayor Co~ questioned whether the Committee could be conver~ed to a Ma~o~s or Couneil adhoe committee where it would not be mandatory that members be City residents, with no powers other than to make recommendations to Council. City Attorney Boogaard responded that Council would be free to organize the Committee in any way they desired as long as it was not a Charter formed committee. Councilwoman McCandliss stated the problem had been referred to staff and the Committee and the recommendations back to Council was to keep the group intact as it currently is. Mr. Nolan responded that it had been discussed at a meeting that he had not arcended. He had no problem with that if the members would attend the meetings. Mayor Cox requested the item be docketed for the 9/4/90 Council meeting for discussion. 18. ITEMS pUIJ.RD FROM THE CONSENT CALENDAR (Items pulled: 5a, 5b, 8, 10, and 15) The minutes reflect the published agenda order. 19. CITY MANAGER'S REPORT(S) a. Preliminary information from the Census Division was 134,1S6 which compares with 131,603 estimate by the State Department of Finance. By utilizing the same formula as the State, staff had estimated 133,061 for April, 1990. Staff will review the preliminary infonnarion for any errors or possible undercount. Minutes August 28, 1990 Page 15 b. Has received notice from the federal government that the City will receive approximately $75,000 to expand the Quality of Worklife program to two additional departments. c. Ken Lee has been appointed to the Assistant Planning Director's position. d. There will be a story in the Star News about a Traveler's Information Station. There is a verbal report that the license has been approved. Staff expects to come before Council in October for approval. e. Workshop items will be the Growth Management Element and an informational session on the Bayfront Environment Impact Report. There will be a fallow-up report on Thursday for a more indepth review of the EIR. 20. MAYOR'S REPORT(S) a. Ratification of appointments to Boards and Commissions - Economic Development Commission and Cultural Arts Commission' MSUC {Cox/McCandliss) to ratify appoinunent of Patricia Ables, Paul Hendricks, and Archibald McAllister to the Cultural Arts Commission. 21. COUNCIL COMMENTS a. Councilwoman McCandliss: Expressed her appreciation to Council, staff, and the public for the well wishes, cards, etc. Felt Councilman Nader had made a good point in discussing the stop sign at Oleander and Oxford and the warrant system currently being used. She questioned whether the warrant system could be customized to add items regarding pedestrian activity. Councilman Nader replied the Council had given staff a referral regarding this issue. b. Councilman Malcolm: Legislative Analysis I. Not addressed by Legislative Program; thus requiring Council action: SB 2748 (Deddeh) - Cost Recovery for Removal of Asbestos - Support SB 2443 (Tones) - Local Government Employees: Labor Disputes - Oppose MSUC (Malcolm/Nader) to support SB 2748. MSC (Malcolm/Cox) to oppose SB 2443, approved 4-1~0 with Councilman Nader voting no. II. Information: Propositions on November 2990 Ballot: Request to OPPOSE Proposition 130, The Forest Forever Initiative and SUPPORT Proposition 138 - the New Forest Initiative received from Californians for New Forestry. Request to OPPOSE Proposition 128, the "Hayden Initiative", received from Frank Crimi, Field Director on the "No on 128" Campaign. Minutes August 28, 1990 Page 16 ) MSUC (lqader/Malcolm) to take no position on Propositions 128 and 130. ADJOLIRNMFIqT The City Council met in a closed session at 10:45 p.m. to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Arellano versus City of Chula Vista, et al. Potential acquisition of property pursuant to Government Code Section 54956.8 - 4501 Otay Valley Road (Roderick and Patricia Davies, owners); 4705 Otay Valley Road (Jimmie and Judi Shinohara, owners); Parcels 624-060-27 and 624-060-09 on Otay Valley Road (Vincent and Margaret Davies, owners); Parcel 624-040-45 on Otay Valley Road (Atomic Investments, Inc., Leonard Teyssier, owner); 350 Third Avenue (One Park, Ltd., owner); 798 "F' Street (Rados Brothers, owners); and the Northeast Corner of Fifth Avenue and ~H" Street - 8.82 acres (Fee Owner: Garrett, Ltd., a California Limited Parmership, David S. Casey, Sr., Wayne P. Lill, and Metropolitan Shopping Square, Ltd.) Instruction to negonators regarding potential sale of property pursuant to Government Code Section 54956.8 - southeast corner of Fifth Avenue and 'C" Streets (City of Chula Vista, owner) Instruction to negotiators regarding compensation for represented and unrepresented employees (or both), and executive group members including Department Heads and Assistant City Attorneys pursuant to Government Code Section 54957.6. ADJOURNMENT AT 11;45 P.M. to the City Council Meeting on August 30, 1990 at 6:00 p.m. in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: Vicki C. Soderquist, Deputy'City Clerk