HomeMy WebLinkAboutcc min 1993/11/02 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHU/~ VISTA
Tuesday, November 2, 1993 Council Chambers
4:03 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Fox, Hotton (arrived at 4:11 p.m.)l Moore, Rindone, and
Mayor Nader
ALSO PRESENT: John D. Goss, CityManager; Bruce M. Boogaard, CityArtoruey; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF .AIJ.RGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF IVI1NLrI~S: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Jon Jamieson - Youth Commission. Oath of Office was administered by City Clerk
Authelet to Jon Jamieson.
b. Proclamation declaring the month of November 1993 as ~Team Chula Vista/USA Month.' The
proclamation was presented to Team Chula Vista by Mayor Pro Tern Rindone.
CONSENT CALENDAR
(Items pulled: 5a, 6, 11, and 12)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR NADER, reading of the text was waived,
passed and approved unanimously.
S. WRI'ITEN COMMUNICATIONS:
a. Letter requesting Council review the INDWELLER and URBAN ORE alternative to the County landf~l
disposal system - Teresa Aland, 1433 Nacion Ave., Chula Vista, CA 91911. It is recommended that staff
inform Ms. Aland of the City's position and that the information be received and filed. Pulled from the
Consent Calendar. Item 5a was heard in conjunction with Item 18.
b. Letter requesting waiver of any license requirements for Tiffany PTA Craft Fair to be held on
November 20. 1993 - Marilee Castenholz McKelvey, Craft Fair Chairman, 1615 Gotham St., Chula Vista, CA
91913. It is recommended that the waiver be granted.
6. ORDINANCE 2574 AMENDING SECTIONS 5.54.010, 5.54.030, AND 5.54.050 OF THE
MUNICIPAL CODE AND ADDING A NEW SECTION 5.54.055, RELATING TO TAXICAB REGULATION AND
LICENSING (second reading and adoption) - Following oral comments at the first reading of the ordinance
on 10/19/93, staff met with a local taxi operator to discuss his concerns about the Council action. On the
basis of the input, staff is recommending one minor modification to the ordinance and thus its re-
introduction for first reading. Staff recommends Council place the ordinance on second reading and
adoption. (Chief of Police) Pulled from the Consent Calendar.
Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, supported the staff recommendation.
Minutes
November 2, 1993
Page 2
ORDINANCE 2574 PLACED ON SECOND READING AND ADOPTION BY MAYOR NADER, reading of the text
was waived, passed and approved unanimously.
Counc~ recessed at 6:02 p.m. and reconvened at 6:57 p.m.
7. RESOLUTION 17289 APPROVING AN EXTF2~SION OF THE AGREEMENT WITH REMY &
THOMAS FOR LEGAL CONSLILTING SERVICES FOR THE OTAY RANCH PROjECT AND AUTHORIZING THE
MAYOR TO EXECLrrE SAID AGREEMENT - The agreement would continue to provide assistance in review
of the EIR including the CEQA Findings, Statement of Overriding Considerations, Mitigation Monitoring
Program, the Staff Report, and also ro meet with staff and coordinate on Board of Supervisors/Council legal
issues from time to time. Staff recommends approval of the resolution. (Deputy City Manager Krempl)
Councilmember Fox stated Council had approved the environmental documents referred to in the item and
questioned what work the consultant would be doing.
George Krempl, Deputy City Manager, responded that the previous contract extension Council approved did
not have a time termination, but a dollar limit. That amount was exceeded and it would pay the consultant
for producing the final documents. The contract was through November in case there was any clean-up
WORK that needed to be done.
8.A. RESOLUTION 17290 ACCEPTINGBIDSANDAWARDINGCONTRACTFORTHECONSTRUCTION
OF THE SOUTH CHULA VISTA LIBRARY - On 9/22/93, seven sealed bids were received for the South Chula
Vista Library. The low bidder is Douglas E. Barnhare, Inc. with a bid of $6,553,355 for site grading and
improvements, construction of the library building, communications and low voltage systems and
landscaping. The low bid was above the architect's estimate. In order to bring the project within budget,
four deductive alternatives in the amount of $115,371 were deducted, making the final bid $6,437,984. In
addition, a change order in the amount of $464,783 is recommended to the bidder which will bring the
project within budget. Staff recomnrends approval of the resolutions. (Library Director)
g. RESOLUTION 17291 ACCEPTING CHANGE ORDER NUMBER ONE, REDUCING THE SCOPE OF
WORK AND REDUCING THE BID AMOUNT BY $464,783
Councilmember Rindone felt when there was an item of such significance, even though not controversial,
it should be on the action agenda.
9. RESOLUTION 17292 REQUESTING THE SANDAG BOARD, ACTING AS THE REGIONAL
TRANSPORTATION COMMISSION, TO AUTHORIZE ADDITIONAL EXPENDITURES OF TRAiNSNET FUNDS
FOR THE METROPOLITAN TRANSIT DEVELOPMENT BOARD CMTDB) - The MTDB operates San Diego
Transit and San Diego Trolley. Both systems are facing substantial operating shor~alls in Fiscal Year (FY)
1994 and FY 1995. The SANDAG Board, acting as the Regional Transportation Commission, administers
TransNet funds which include a transit component, consisting of 80 percent for capital expenditures and
20 percent for operating expenditures. The MTDB Board is requesting the Regional Transportation
Commission to permit MTDB to borrow $1.2 million from future TransNet operating funds to assist MTDB
in its FY 1994 budget shortfall for San Diego Transit and San Diego Tralley. MTDB staff estimates that $1.2
million is needed for the remainder of FY 1994 in order to prevent extensive service reductions. Staff
recommends approval of the resolution. (Director of Public Works)
10. RESOLUTION 17293 APPROVING REPLACEMENT SUBDM SION IMPROVEMF2qT AND
SUPPLEMENTAL SUBDM SION AGREEMENT FOR TRACT 88-3, EASTLAbl GRRF. NS PHASE 1 B/C, UNIT
8, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - Fieldstone Fairway Ridge Limited Partnership
Minutes
November 2, 1993
Page 3
has notified the City that the fee interest in 73 remaining undeveloped lots in the EastLake Greens, Unit 8,
is to be purchased by them from Century American Corporation. They have requested that the original
subdivision improvement agreement and supplemental subdivision agreement be replaced with new
agreements signed by them. Staff recommends approval of the resolution. (Director of Public Works)
11. RESOLUTION 17294 ACCEPTINGBIDSANDAWARDINGCONTRACTFORTHECONSTRUCTION
OF ROI-IR COMMUNITY PARK RENOVATION-PHASE II IMPROVEMENTS -On 10/13/93, 13 sealed bids were
received for the construction of Rohr Community Park Renovation-Phase II improvements in the City. Of
the 13 bids, the bid in the amount of $172,455.00 from Basile Construction was found to be the lowest.
Funds for the construction were included in the Fiscal Year 1992/93 C[P Project Budget (PR-166). The work
to be done includes asphalt pavement, street lights, concrete work, irrigation system, and landscaping. Staff
recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar.
Mayor Nader realized the item was part of the current year C[P budget, but questioned if the CIP project was
looked at by the Parks and Recreation Commission.
Jess Valenzuela, Director of Parks and Recreation, responded that it was.
Mayor Nader stated it would be helpful to him in the future if under the Board/Commission recommendation
the background information be included. He would be more comfortable in knowing that someone with
more of a focus on the parks and recreation needs in the City had reviewed the item.
RESOLUTION 17294 OFFERED BY COUNCILMEMBER MOORE, reading of the text was waived, passed and
approved unanimously.
12. REPORT PROPOSED PARKS IMPLEMENTATION PLAN (PIP) WORK PROGRAM - As
part of the Fiscal Year 1992/93 Capital Improvement Project budget, Council appropriated $75,000 in Park
Acquisition and Development (PAD) funds to contract with a consultant for preparation of a PIP. The PlP
will serve to implement provisions of the City's General Plan Parks and Recreation Element which calls for
preparation of a long-range (20 year) master plan to include programs for upgrading, expanding, or
replacing older facilities in western Chula Vista and for installation of new facilities in accordance with
adopted standards. Focusing primarily on western Chula Vista, the PlP will address such issues as possible
ways to decrease existing park acreage deficiencies, formulation of a parks equivalency factor for active
recreation facilities, and identification of potential acquisition sites for new parks and facilities. On 2/23/93,
Council directed staff to develop a program for in-house preparation of the PIP and return at a later date.
The report presents the in-house work program proposal. Staff recommends Council approve the PIP Work
Program and initiate the commencement of work. (Director of Parks and Recreation and Director of
Planning) Pulled from the Consent Calendar.
Councilmember Rindone referred to page 12-4 and questioned if PAD funds were used to pay for the inhouse
staff if it would reduce the PAD funds available to purchase parks, especially in western Chula Vista. He
further questioned if there was an alternative to utilizing those funds. He was interested in amassing as
many funds as possible for the acquisition of parks. He supported a portion of the recommendation as it
addressed Council's previous concern, but he would like to see what other funding sources could be utilized
rather than PAD funds.
Jess Valenzuela, Director of Parks and Recreation, responded that Council had set aside 20% of all park
acquisition and development funds toward acquisition. The funds for inhouse staff were not a part of that
account. There was approximately $500,000 in a set aside account for acquisition. It had been separated
out in its own capital improvement project account. The source was park acquisition and development
monies, but it was not part of the set aside monies. The fnnds could be used to enrich the funds for
purchase of parks. He could return to Council with several other funding options, but could not think of
any immediately.
Minutes
November 2, 1993
Page 4
City Manager Goss stated if the concern was with the consultant doing the survey, one possibility would be
to talk to SANDAG. As a member of SANDAG the City was eligible for minor projects for free. If Council
was referring to the overall amount of the project, staff would have to look at it and return to Council. He
recommended the item be continued for two weeks to allow staff time to review the funding issue.
MSUC (Rindone/Moore) to confmue for two weeks for a supplemental report on alternatives for funding.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
13. PUBLIC HEARING AMENDMENT TO THE MUNICIPAL CODE, PCA-94-01 - CONSIDERATION
OF AN AMENDMENT TO MUNICIPAL CODE SECTION 19.14.0SOA TO ALLOW APPLICANTS FOR PLANNING
PERMITS TO BYPASS THE ZONING ADMINISTRATOR AND HAVE THEIR APPLICATIONS CONSIDERED BY
THE PLANNING COMMISSION 1N PUBLIC HEARING - CITY INITIATED - In February, Council requested staff
pursue several permit streamlining actions which had been referred for evaluation. One of the items was
to prepare a draft ordinance which would provide an applicant with the option to bypass the Zoning
Administrator and take applications for certain permits directly to the Planning Commission. Staff
recommends Council place the ordinance on first reading. (Director of Planning)
ORDINANCE 2575 AMENDING SECTION 19.14.050A OF THE MUNICIPAL CODE TO ALLOW
APPLICANTS FOR PLANNING PERMITS TO BYPASS ZONING ADMINISTRATOR HEARING TO EXPEDITE
CONSIDERATION BY PLANNING COMMISSION (first reading)
This being the time and place as advertised, the pnblic hearing was declared open. There being no public
testimony, the public hearing was declared dosed.
ORDINANCE 2575 PLACED ON FIRST READING BY MAYOR NADER, reading of the text was waived, passed
and approved unanimously.
14.A. PUBLIC HEARING PROPOSED DISSOLUTION OF THE MONTGOMERY PIdLNNING COMMII
AND SEATING OF THE REMAINING MEMBERS ON THE SOUTHWEST REDEVELOPMF2qT PROJECT AREA
COMMI 1 tle. E - On 8/17/93, Council directed staff to proceed with the proposal to dissolve the Montgomery
Planning Committee (MPC) and determine an appropriate process to seat the remaining MPC members on
the Southwest Project Area Committee (PAC). Staff recommends Council place the ordinance on first
reading. (The Redevelopment Agency has already directed the Southwest PAC to consider remaining MPC
member Platt for membership on the PAC.) (Director of Planning and Director of Community Development)
ORDINANCE 2576 REPEALING SECTION 2.48.200 OF THE MUNICIPAL CODE THEREBY
DISSOLVING THE MONTGOMERY PLANNING COMIVII'I'I'EE (fi~t reading)
B. REPORT PROCESS OF SELECTING THE NEXT NEIGHBORHOOD FOR THE
IMPLEMF2qTATION OF THE NEIGHBORHOOD REVITALI ZATI ON PROGRAM IN THE MONTGOMERY AREA -
In April 1989, Council established the Neighborhood Revitalization Program (NRP) and selected the Otay
Town Neighborhood as the first area in which to implement the program. City staff has worked with the
community for the past four years in planning and providing the needed public and private improvements.
Recently, Council directed staff' to look into the selection of the next neighborhood for the implementation
of NRP. The report is in response to Council direction and is intended to provide information on the process
staff proposes to follow in the selection of the next neighborhood. Staff recommends Counc~ accept the
report and direct staff to continue the process of selecting the next neighborhood for the implementation
of another NRP. This report does not require a public hearing but is a related item. (Director of Community
Development)
Minutes
November 2, 1993
Page 5
Chris Salemone, Director of Community Development, stated the ordinance enabled the previous action by
Council regarding the status of the Montgomery Planning Committee being incorporated into the Southwest
Project Area Committee. The report was on the Neighborhood Revitalization Program. Staff completed an
inventory of five neighborhoods and it had been nanrowed down to Castle Park II and Woodlawn Park based
on an inventory of criteria that was used in the initial Neighborhood Revitalization Program process. The
demonstration of local support was the next step and staff recommended that a series of public meetings
be held in the two neighborhoods. Staff would return to Council in early December with a recommendation
for the next three-year Neighborhood Revitalization Program.
Councilmember Moore questioned whether the vacancies in the Southwest Project Area Committee were
appropriate for election by the body for the remaining members the Montgomery PAC.
Mr. Salemone responded that was correct, it could be legally done.
Councilmember Herton stated there was a concern by one of the members of the Montgomery PAC that no
one on the Planning Commission lived in the Montgomery PAC or Southwest PAC.
Councilmember Fox felt Woodlawn Park would present a problem due to a pocket of what appeared to be
higher than acceptable incomes for HUD criteria. He felt if that pocket was removed there was a
tremendous need for neighborhood revitalization in the area. He questioned if that was one of the reasons
a final recommendation was not made.
Mr. Salemone stated staff was confident they would receive HUD approval after a door-to-door survey for
that area and, therefore, was not a consideration.
Councilmember Herton agreed with the two choices and questioned what plans there were for the
Broderick/Otay Acres area.
Mr. Salemone responded it was a big concern. It was in need of the same improvements, but the problem
encountered there was that it was not a census tract that was eligible for CDGB funding. Staff
recommended it be kept as an eligible area for future consideration. To accomplish what they wanted to
do in a Neighborhood Revitalization Program in three years they felt Bredcrick Acres would take longer than
that. Staff would try to address it in the mean time with other means.
Councilmember Fox questioned whether both neighborhoods could be included in the program.
City Manager Goss stated both neighborhoods qualified, but the most important criteria was probably the
community involvement and commitment to make it work.
This being the time and place as advertised, the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
Councilmember Fox stated he could not support the dissolving of the Montgomery PAC. The City had made
a commitment to the community and that lived beyond the specific plan. It was a PAC that could still
function.
ORDINANCE 2576 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, reading of the text was
waived.
Mayor Nader stated he would vote no on the item for many of the reasons expressed by Councilmember Fox.
He felt there should be more public input and more community planning groups.
VOTE ON ORDINANCE 2576: approved 3-2 with Fox and Nader opposed.
Mayor Nader stated there was a consensus by Council that staff should follow their recommendation.
Minutes
November 2, 1993
Page 6
Councilmember Rindone stated there should be one or more members of the Montgomery area represented
on the Planning Commission at all times.
MSUC (Moore/Nader) to accept the staff report and recommendation (14B).
Councilmember Horton did not feel public input was being eliminated by the action taken by Council. There
was representation from the Montgomery area on a lot of the boards/commissions and they did have a voice.
Mayor Nader felt all neighborhoods should have some voice for routine and automatic input when there was
an issue that specifically affected that neighborhood. If the action expanded the Southwest Project Area to
include all of the Montgomery area, he would not oppose the action taken.
1S. PUBLIC FIEARING CONSIDERATION OF THE REQUEST BY AMERICAN STORES INC. FOR 5.8
ACRES LOCATED AT THE SOUTHWEST CORNER OF THIRD AVENUE AND 'J' STREET: A) GPA-93-06:
AMEND GFANERAL PLAN FROM PROFESSIONAL AND ADMINISTRATIVE OFFICE TO RETAIL COMMERCIAL;
B) PCZ-93-E: REZONE FROM C-O (COMMERCIAL OFFICE) AND R-1 (SINGLE FAMILY TO C-C (CENTRAL
COMMERCIAL) - The applicant, American Stores Properties, Inc., parent company of the Lucky Stores, has
submitted applications to amend the General Plan and fezone S.8 acres located at the southwest comer of
Third Avenue and "J" Street. The proposal is to redesignare the site from Professional and Administrative
Commercial to Retail Commercial, and to fezone the site from C-O (Commercial Office) and R-1 (Single
Family Residential) to C-C (Central Commercial) in order to accommodate the relocation of the Lucky Store.
Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of
Planning)
ORDINANCE 2577 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE MUNICIPAL CODE REZONING ','HE 5.8 ACRE PARCEL LOCATED AT THE SOL1THI/VEST
CORNER OF THIRD AVENUE AND *J' STREET FROM C-O, OFFICE COMMERCIAL, AND R-l, SINGLE
FAMILY RESIDENTIAL, TO C-C-P, CENTRAL COMMERCIAL PRECISE PLAN (first reading)
RESOLErHON 17295 AMENDING THE LAND USE DIAGRAM OF THE GENERAL PLAN FROM
PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL TO RETAIL COMMERCIAL FOR S.8 ACRES LOCATED
AT THE SOUTHWEST CORNER OF THIRD AVENUE AND "J' STREET
Ken Lee, Deputy Director of Planning, gave an overview of the project. A public forum had been held with
the residents of the area to address issues. Another meeting had been held by the Planning Department with
the neighbors and applicant to discuss the issues and view a modified site plan. As a result of those
meetings, staff drafted a recommendation to the Planning Commission in support of the General Plan
Amendment and rezoning subject to the adoption of twenty-five specific guidelines which were set forth in
the resolution. He then reviewed some of the key issues addressed in the guidelines. The Planning
Commission voted 5-1-0-1 for approval with the no vote being a new member that was opposed to the added
amendment for the striping plan and not opposed to the project. If approved, the next step would be for
the applicant to file their Specific Plan and go through the design review process. It was the applicants
desire not to file concurrently.
Councilmember Rindone questioned what the penalty would be for violations of the conditions placed on
the project. He was especially concerned regarding the noise impacts. He requested clarification of the
striping program on Third Avenue,
Mr. Lee stated the violation would have to be handled through the zoning enforcement process. Gates
and/or ballards would be placed to prohibit access through the off-hours. A median was required along
Third Avenue which would preclude left rums going into the northern most driveway. The striping plan
was to review access into the new facility as well as access into the existing Lucky site which would remain
as some type of retail establishment. It would also make sure there was enough room for turning movement
as well as travel lanes.
Minutes
November 2, 1993
Page 7
Clifford Swanson, Deputy Public Works Director/City Engineer, stated an additional requirement under the
design review process was the off-set driveway to the east to prevent some of the conflicts.
Mayor Nader questioned if there was any reason why truck traffic could not be restricted to Third Avenue
in order to protect the property on "J" Street.
Mr. Lee stated the problem in restricting access on "J" Street would be with the truck loading area and the
ability for turn-around. There was a prohibition against truck traffic further west on "J" Street so they would
have to exit out toward Third and go back to "H" Street.
Mayor Nader stated there was an internal regulation that stated the wall could only be six feet high and he
felt it would be desirable to have a wall of eight or nine feet topped with other material for security, i.e.
natal plum or a highly thorny plant substance. He questioned if there was a provision in the conditions to
poll those living on the west side that were affected by either noise or cut-off of light, to see what their
preference would be and then have staff work with Lucky to build the wall.
Mr. Lee responded the six foot zoning law was the City's minimum size. When staff met with the residents
they discussed the trade-offs of going higher in terms of noise and cutting off additional light. As the project
went through the design review process, staff would meet with the residents to reach an agreement. There
was no specific condition listed that would require such action.
Councilmember Fox stated he was concerned the existing building would be boarded up and questioned
what would be done.
This being the time and place as advertised, the public hearing was declared open.
· Patrick Barajas, 375 "Y' Street, Chula Vista, CA, supported the plan as the store was currently too
small and needed improvement. He expressed his concern regarding the usage of Third Street by trucks.
He had been informed in the past there would be heightened police activity and he had yet to see it.
· James Hirsch, 8910 University Center Lane, San Diego, CA, of FORMA Design representing Lucky
Supermarkets, informed Council that approximately seventy-five people artended their initial neighborhood
meeting. As a result of that meeting they redesigned and relocated their loading docks. A traffic consultant,
JHK, did the analysis of the turning ratios for the loading docks and recommended against having maneuvers
up into the area of the store entrance due to a conflict with pedestrians and people with shopping carts as
it would be unsafe. The current site plan had tbur mitigation components: 1) 20 foot landscape setback;
2) block wall which would be landscaped (whatever height the community desired); 3) hours of operation
for the loading dock limited from 7:00 a.m. to 10:00 p.m., the store would be open from 6:00 a.m. to 2:00
a.m.; and 4) locate the dock on the south side of the building. They felt the plan, as presented, was the
preferred alternative and he requested Council approval.
Mayor Nader questioned whether they had considered taking away parking spaces near the loading dock
and move them to the other end to allow for turn around room.
Mr. Hirsch stated they had. There needed to be a 65 to 75 foot turning radius and if there were no other
trucks that would come to the store, and there was only one semi, it would probably work. However, there
were small vendors and other semi's so it was extremely difficult to guarantee anyone they would have a
65 foot turn around area. The suggestion had been turned down internally by Lucky Operations and the
traffic consultant.
Councilmember Moore questioned if semi-trailers were not involved, if the store could make it a policy of
entering from Third Avenue for all other delivery vehicles. He felt the company could write letters to all
vendors delivering goods to the store with the delivery route.
Mr. Hirsch responded that all vehicles would travel down the access driveway. He agreed the store could
contact all the vendors.
Minutes
November 2, 1993
Page 8
Councilmember Hotton questioned if there was any type of refrigeration equipment or co-generation system
that would create a noise disturbance.
Mr. Hirsch stated it was a block wall building and there would be no noise from any internal equipment.
Councilmember Moore stated the City had designed a driveway with ballards and it did not work because
it was the responsibility of the truck drivers. He questioned whether they had experience with ballards.
Mr. Hirsch responded that they did not. it appeared that was the only way they could satisfy the community
with a failsafe mechanism. It would be the store manager's responsibility to install and remove the ballards.
· Chris Huss, 6565 Knott Avenue, Buena Park, CA, Senior Vice President for Real Estate, American
Stores, parent company of Lucky Stores, stated their primary concern was the safety of the customers when
there were restrictive hours at a store and that was why they wanted accessibility off "J" Street to the back
of the store. The plan was to enter from "J" Street and leave going along the Masonic Lodge and out to the
right. They could also control the vendors, to a point, and would automatically send out letters regarding
the delivery routes. They would execute an agreement with the community regarding the hours the store
would be serviced. The trash compactor would be located inside the store. Whenever they located in a site
with close proximity to neighbors, they preferred to work the specific plan out in a way that included their
input. More community meetings woklid be held before the specific plan was completed. The control of the
existing facility would be the landlords and he was sure there would be enough retailers interested that the
facility would be upgraded.
· Pat Senn, 6565 Knott Avenue, Buena Park, CA, representing American Stores, and Jean Fallowfield,
3100 Bristol Street, Costa Mesa, CA, representing FORMA, passed when called to the dais. ')
There being no further public testimony, the public hearing was declared closed.
Councilmember Moore felt if the City knew it would be a very busy driveway the driveways should be made
wider and questioned if that had been considered.
Mr. Swanson responded the normal two-way driveway width was 24 feet, the "J" Street driveway was 40 feet
and Third Avenue was 30 feet to accommodate the traffic.
Councilmember Moore questioned if the 65/35 landscape requirement was being used for the medians in
the parking lot. He felt breaks needed to be set in long landscaped areas to avoid people from trampling
the landscaping.
Mr. Lee stated there was no set formula, but it would be reviewed on a case-by-case basis. There were
specific standards for step-out areas. The orientation of the parking lot was east/west parking to avoid walk
throughs in the landscaped areas.
Councilmember Moore felt the landscaping policy should be brought back for review by Council.
MS (Nader/Rindone) to add a condition that prior to approval of a precise plan the applicant would hold
a meeting with the residents adjacent to the western end of the property, with advance notice, to consider
the height and composition of the wall along the west side of the property. Up to a nine foot wall
authorized ff it was consistent with the residents' desires and additional material for security reasons.
Mayor Nader stated he would recommend something green and thorny for the wall. He expected the Design
Review Committee to listen to the input of the residents and if there was a clear consensus, or near
consensus, to go with it.
VOTE ON MOTION: approved unanimously. , )
Minutes
November 2, 1993
Page 9
ORDINANCE 2577 PLACED ON FIRST READING AND RESOLUTION 17295 OFFERED BYCOUNCIIA4EMBER
RINDONE, reading of the text was waived, passed and approved unanimously.
16. PUBLIC FlEARING CONDITIONAL USE PERMIT PCC-94-06: REQUEST TO CONSTRUCT A 60
FOOT HIGH CEI.I.Ij/.AR ANTENNA AND COMMUNICATION EQUIPMENT SHELTER AT 775 ANITA b-l~T
IN THE IL-P ZONE - APPLICANT IS U.S. WEST CELLULAR - U.S. West Cellular is proposing to construct a
60 foot high cellular antenna and a 430 square foot communications equipment shelter in the IL-P Zone
located at 775 Anita Street approximately 550 feet east of PacTel cellular antenna site recently approved by
Council but not yet constructed. Staff recommends approval of the resolution. (Director of Planning)
RESOLUTION 17296 APPROVING PCC-94-06, A CONDITIONAL USE PERMIT TO CONSTRUCT
A 60 FOOT TALL CEIJ.L1LAR ANTENNA AND A COMMUNICATIONS EQUIPMENT SHFLTER IN THE IbP
ZONE LOCATED AT 775 ANITA STREET
CounciImember Fox questioned if the hearing had been noticed and if any response was received.
Martin Miller, Associate Planner, stated notices were mailed to residents within a 500 foot area and no
responses were received.
This being the time and place as advertised, the public hearing was declared open.
· Larry Doherty, 378S Sixth Avenue, San Diego, CA, representing US West Cellular, stated he was
available to answer questions and requested Council approve their request.
Councilmember Hotton questioned how new technologies would affect the antenna and if it would become
obsolete.
Mr. Doherty responded that CDMA was a new technology that had been developed to provide additional
capacity to radio frequencies. New technology would not reduce the need of the antennas because the wave
length for the antenna was line of sight. The new site would allow more capacity and would cut down on
the amount of interference from Baja.
Councilmember Moore questioned how many antennas they currently had in Chula Vista and if the sites
would ever be abandoned.
Mr. Doherty responded there were sixty sites throughout San Diego County. There were two within the City
or just outside the City limits. The structures were portable and could be removed from the site in one day.
· Jon Jamieson, 1748 Country Vistas Lane, Bonita, CA, questioned what the visual affect of the
antenna would be and if the residents of the area had been notified.
Councilmember Rindone pointed our there was another antenna in the area ar the same height for PacTel
that was previously approved by Council.
Mr. Miller stated the Environmental Review Coordinator determined there would be no visual impacts and
no environmental work would be required.
There being no further testimony, the public hearing was declared closed.
Mayor Nader stated he was concerned with the extent of notification done. The visual impact was not of
such a level to require an EIR, but it appeared there was some visual impact over S00 feet away.
Mr. Miller responded it would be visible for more than 500 feet away.
Minutes
November 2, 1993
Page 10
Mayor Nader stated Council adopted a policy that the City would not stick to the State mandated notification
on zoning items, but that surrounding residents would be notified if staff felt they could be affected. Based
on the fact there was already a similar facility in the same neighborhood that did not draw significant public
opposition, and based on what appeared to be a minor impact, he would not demand that it be teneticed.
He wanted to put staff on notice that the policy was not being fully implemented and on some other project
the result could be extremely unfortunate if the State mandate was followed and not the Council policy.
Robert Leiter, Director of Planning, stated the State mandated radius for the hearing was 300 feet and the
expanded radius, as per Council policy, was S00 feet. He felt staff had been implementing the policy, but
Council had raised new concerns and staff needed further direction.
Mayor Nader stated he had made the motion which included "or could be reasonably foreseen to be
impacted" so, the 500 feet was not a cap. If that was not clear, he wanted to see an item brought back
explaining why it was not clear.
RESOLUTION 17296 OFFERED BY COUNCILMEMBER FOX, reading of the text was waived, passed and
approved 4-1 with Herton opposed.
Councilmember Herton fell the antenna created visual pollution and had voted no on the PacTel antenna
also.
ORAL COMMUNICATIONS
· Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, stated she had been notified that SDG&E
would be redoing wiring and poles on their easement. She felt it could affect a lot of the parks within the
City.
Mayor Nader stated he had received a call regarding the project and had asked staff to look into it and
report back to Council. He had been told that SDG&E had held a public meeting.
Sid Morris, Assistant City Manager, informed Council that SDG&E had held two public meetings and had
been told the turnout for the meetings had been very poor. Staff had sent some information items to
Council and could update Council on the specific outcome of those meetings, specifics of the notification
process used, and the California Energy Commission process.
Mayor Nader stated a summary of the project and where it currently was would be helpful.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
17. RESOLtrFION 17297 AUTHORIZING STAFF TO PROCEED WITH AN 'ASSET TRANSFER'
STRUCTURED FINANCING IN ORDER TO FINANCE THE REDEVELOPMENT AGENCYS REQUIRED $2.6
MILLION CONrlI~BUTION TOWARD EXPANSION OF THE CHULAVISTA CENTER - On 2/25/92, the Agency
approved the First Addendure to the Disposition and Development Agreement with Hemart Development
Company regarding the Chula Vista Center. The Addendum includes a requirement of a $2.6 million Agency
financial contribution towards the project. Staff is proposing to finance the Agency's contribution through
an asset transfer structure. Staff recommends approval of the resolution. (Director of Finance)
Mayor Nader trailed the item until bond counsel arrived.
Minutes.
November 2, 1993
Page 11
Mayor Nader stated it was his understanding Council was only instructing staff to proceed with a noticed
public hearing for November 23, 1993. Council was obligated for a $2.6 million contribution by virtue of
action taken several years ago and it was staffs and bond counsel's opinion that their recommendation was
the most economical way to meet that obligation.
RESOLUTION 17297 OFFERED BY MAYOR NADER, reading of the text was waived.
Councilmember Rindone questioned whether other alternative funding sources were examined. He wanted
assurance there was no other alternative that would be more favorable financially ro the City.
Charles Adams, Bond Counsel, representing Jones Hall Hill & White, responded the traditional method would
have been to directly finance the parking garage through a lease transaction. It was explored as an option
and rejected in favor of the proposed financing structure primarily because the parking garage was
encumbered with some leases, other liens, and encumbrances of Homart and it would have been complex
and expensive. The second reason was that under the Federal tax law there were restrictions on how a
public parking facility could be used which posed problems for Hornart. That was not to say it would not
be a public parking structure, but the technical requirements of the Federal tax law would have made it
cumbersome for them to comply.
Lyman Christopher, Director of Finance, responded they were trying ro rake into account the Federal tax law.
Another reason was that it was a good time to be in the market in terms of trying to obtain long term
financing. Staff projected they could get financing at something less than 6%. Therefore, by financing it
rather than trying to come up with cash, ir would be more expensive in the long terns. There had been
extensive discussions with the proposed underwriter, with bond counsel, and with Homart. Of all the ideas
in terms of obtaining the financing, the staff recommendation was the one they felt was the most efficient
and economical to the City. He rhea reviewed options explored for financing.
Mr. Adams stated there were some constraints that forced them into a small universe of assets that would
qualify. Because it was a redevelopmeat project they were restricted to assets that were either in a
redevelopmeat project area or had a close enough relationship to a redevelopmeat project area that they
could use the RDA to assist in the process. They needed an asset that had an appraised value at least equal
to the amount of the borrowing. From the underwriters standpoint, it had been recommended they find an
asset that sewed an essential governmental function because ir would be an asset that would be most
attractive to their rating agency, or bond insurance company, when they looked at the possibility of rating
or insuring the issue.
Councilmember Hotton questioned what the interest rate would be on the project and what rare other cities
received.
Mr. Christopher responded that staff did not have the informafion on the rates for other cities. The
estimated net interest cost on the proposed financing was S.6% - S.7% with an "A" rating. The market had
actually improved and staff felt they would get an even lower interest rate on the proposed financing.
Councilmember Fox questioned if the staff recommendation was the only one that produced an "N' rating
and lower interest costs.
Mr. Christopher responded that staff felt that was true with the way ir was structured.
SUBSTIE MOTION: (Rindone) ff an 'A' rating or better was not obtained, the item would be brought
back to Council. Mayor Nader stated he would accept the motion as a friendly amendment.
VOTE ON RESOLUTION 17297, AS AMENDED: approved unanimously.
18. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given
by staff.
Minutes
November 2, 1993
Page 12
George Krempl, Deputy City Manager, stated information had been provided to Council regarding the outline
on governance issues along with a copy of a letter that had been forwarded to the Interim Solid Waste
Commission. The November 5-6 workshop was being postponed until mid-December which would give staff
ample opportunity to get back to Council with any additional comments regarding governance.
· Teresa Aland, 1433 Nacion Avenue, Chula Vista, CA, stated her written communication (Item
had been under her letterhead, she had been doing business as Mother Aland in the City for two years. The
information provided was along consulting lines. She did have concerns regarding the solid waste issue and
questioned if her information would be considered in the request for qualifications.
Mayor Nader stated he had pulled her letter from the Consent Calendar because he was concerned, after
reading the material submitted, that filing it would not be an appropriate response. He would like to refer
it to staff as he felt all options submitted should be considered. He did not want to mislead Ms. Aland or
anyone else, it was not a guarantee that their proposal would be chosen or that their advice would be
followed to the letter.
Ms. Aland stated the Chula Vista Quarterly stated "meeting the goals will avoid daily penalties up to
$10,000" which she felt was a misconception. She wanted the City to go back to the California Integrated
Waste Management Board for clarification and to make sure the public understood that it was an untruth.
Mayor Nader questioned if the word "dally" was a misprint.
Stephanie Snyder, Principal Management Assistant, stated it was their understanding that the law did
provide them the opportunity to do that, whether or not they would do that was unclear. Staff would clarify
the law for Council. A plan did need to be provided and the City did need to be actively working toward
those goals.
Ms. Aland also expressed concern regarding previous land planning issues as there had been legislative
changes that would be looking at CEQA requirements. Her last concern was how the minority businesses
would be notified regarding the proposal and bid.
Mayor Nader questioned where the RFP was being advertised.
Mr. Krempl stated it had not been decided, but staff would make certain the consultant made every effort
to do the outreach for minority notification.
MSUC (Nader/Fox) that the letter under Item 5a and accompanying information be referred to staff for
consideration in conjunction with the RFP process and the process of developing potential alternatives for
solid waste.
ITEMS PU[i~D FROM THE CONSENT CALENDAR
Items pulled: 5a, 6, 11, and 12. The minutes will reflect the published agenda order.
OTHER BUSINESS
19. CITY MANAGER'S REPORT(S)
a. City Manager Goss referred to a news release from the Port of San Diego which stated the Port
received the 1993 Environmental Enhancement Award from the American Association of Port Authorities
for constructing and maintaining the Chula Vista Wildlife Reserve which was within the City of Chula Vista.
Minutes
November 2, 1993
Page 13
b. City Manager Goss stated when the Telegraph Canyon Flood Control project was completed in 1990,
there was a dispute between the Army Corps of Engineers and the contractor. The contractor then filed
claims against the Army for additional amounts exceeding $5 million. Fraud was proved in court and as a
result, all the claims against the government were waived and, therefore, any threat of Chula Vista having
to pay in excess of $5 million for additional claims was eliminated by the court action.
20. MAYOR'S REPORTf S) - None
21. COUNCIL COMMENTS
Councilmember Moore:
a. Councilmember Moore stated he was upset with the newspaper stands/racks that were on City
sidewalks. On Third Avenue alone there were in excess of fifty stands. There should be some type of control
regarding the number of stands allowed in an area. He felt the City should establish the maximum location
for any one given site, the maximum number for any given block, how they would be installed, what
direction they faced, and what happened to the sidewalks when they were removed. He questioned if
anyone was allowed to place such a stand.
MS (Moore/Fox) to refer the issue of newspaper stands/racks to the City Manager for potential action with
no limeline.
City Manager Goss stated the issue had been extensively litigated over the years and there was specific case
law as to what flexibility cities had. It seemed to him that issues such as placing and installation in the
sidewalk and removal would be under City control. In terms of the number on the sidewalk he did not
believe the City had control. Staff would work with the City Attorney and bring back a report to Council.
Mayor Nader stated he would vote for the motion but wanted it clear that as one member, he was not
interested in regulations that would prevent any given newspaper t;com being distributed or available. He
was interested in regulations in locations, size, numbers of any one paper, or public safety.
VOTE ON MOT[ON: approved unanimously.
Councilmember Hotton:
· Councilmember Horton stated she had received a lot of complaints regarding the design of the Pier
I Imports store on 1-80S and Bonita Road. She had been told that management had also received a number
of complaints. She felt the design of the building was interesting, but the problem was that it was totally
out of character for the Bonita area. She felt the community had been done an injustice as it was the
window of the community. She questioned if there was some type of guideline to protect the older parts
of the City.
City Manager Goss stated members of the Planning staff were not present to address the question regarding
design guidelines. The basic problem was that it was a stand alone building and probably would fit in some
type of center. He felt it would be appropriate to refer the issue to staff for input as to what consideration
was given to the site when the Design Review Board reviewed it.
Councilmember Hotton stated she had no idea it was so close to Bonita Road when Council approved the
setbacks. She was appalled that Council approved it, it was not an appropriate design for the community.
She did not want to see that happen again in another community. The Design Review Committee should
have looked at that prior to approval of the design. Council approved the land use, but she did not
remember seeing the design.
Minutes
November 2, 1993
Page 14
,)
· Councilmember Honon stated she brought back tapes from the League of California Cities
conference for Council use.
ADJOURNMENT
The City Council recessed at 6:02 p.m. and reconvened at 6:05 p.m. in a closed session to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA),
International Association of Fire Fighters (IAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 10/26/93.
Potential litigation pursuant to Government Code Section 54956.9 - Schaefer vs. the City of Chula
Vista.
Potential litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
Pending litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. San Diego
Palm Plaza Project.
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys.
ADJOURNMENT AT 7:33 P.M. to the Regular City Council Meeting on November 9, 1993 at 6:00 p.m. in '/
the City Council Chambers. /
A Special Joint Meeting of the City Council/Redevelopment Agency convened at 7:34 p.m. and adjourned
at 7:37 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk