HomeMy WebLinkAboutcc min 1989/05/23 Closed Session to discuss Potential litigation; Potential
acquisition of property Parcel #568-420-15 located in the Town
Centre I Redevelopment Project area (Sarah Smith, owner)
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, May 23, 1989 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers Nader, McCandliss,
Malcolm and Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSUC (Moore/Nader) to approve the Minutes for the Regular Meeting
of May 16, 1989.
2. SPECIAL ORDERS OF THE DAY
a. PROCLAIMING MAY 31, 1989 AS "STUDENT GOVERNMENT DAY"
Mario Martinez, President of Hilltop High School, accepted the
Proclamation and Mayor Cox welcomed the students to role play in a
mock City Council Meeting on Wednesday, May 31, in the Council
Chamber.
b. OATH OF OFFICE!
Deputy City Clerk Fortune administered the Oath of Office to
Barbara Ann Hall, Resource Conservation Commissioner; Frank E.
Chidester, also appointed to the Resource conservation Commission
took his Oath of Office in the Office of the City Clerk.
c. City Assemblyman Fumio Yamada of Odawara, Japan, and his
escort while in this country, George Tayoto, was welcomed by
Council and presented with a key to the City. Mayor Cox
commented that the City of Odawara is making plans for the lO
year anniversary of the Sister City relationship with the City
of Chula Vista and Mr. Yamada brought a letter inviting a
delegation from this City to celebrate the occasion in Japan.
CONSENT CALENDAR {Items 3a - 15)
Pulled Items: 6, ll, 14, and 15.
COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR,
which was read by titles, the reading of the texts waived by
unanimous consent and approved unanimously.
MINUTES 2 May 23, 1989
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR PERMISSION TO DISPLAY SIGN AT BONITA MUSEUM
Richard Pena, Co-Curator, 5153 Sunnyside Drive, Bonita 92002
Council directed staff to work with the Museum to come up with
alternatives to the "sandwich" type sign.
b. URGING OPPOSITION TO NATIONAL LEAGUE OF CITIES (NCL) POSITION
ON HOME OWNERSHIP DEDUCTIONS Robert Morris, Executive Vice
President, Building Industry Association of San Diego County,
6336 Greenwich Drive, Suite A. San Diego 92122-3938
Council referred this request to the City of Chula Vista
Legislative Committee for review and comment.
4. RESOLUTION 14106 SUPPORTING LAIDLAW WASTE SYSTEMS, INC.
GRANT APPLICATION FOR SAN DIEGO COUNTY
RECYCLING TECHNICAL ASSISTANCE PROGRAM
(Principal Management Assistance)
Laidlaw Waste Systems is preparing a grant application for the
County's Recycling Technical Assistance Program to be submitted by
Friday, May 26, 1989. The Resolution states support of the
general provisions of the grant agreement and further states the
proposed project does not replace a currently budgeted recycling
project of this jurisdiction.
5. RESOLUTION 14107 AMENDING MASTER FEE SCHEDULE TO INCLUDE
FEES FOR ZONING ADMINISTRATIVE DESIGN
REVIEW AND DESIGN REVIEW EXTENSIONS
(Director of Planning)
Two recent Code Amendments necessitate additions to the fee
Schedule (1) to allow the Zoning Administrator to act in the place
of the Design Review Committee in the case of minor projects and
(2) the one-year time limit on Design Review Committee approvals
which also provides for the granting of extensions. The Master
Fee Schedule was also modified for plans subject to Zoning
Administrator design review based on the City's full cost recovery
formula.
6. RESOLUTION DECLARING THAT A CERTAIN VACANT PARCEL OF
CITY-OWNED LAND, CONSISTING OF
APPROXIMATELY 3 ACRES, LOCATED IMMEDIATELY
WEST OF THE EXISTING GOLF
COURSE/RESTAURANT PARKING LOT ON BONITA
ROAD HAS NO PRESENT OR FUTURE USE FOR
PUBLIC PURPOSES (Continued from meeting of
May 16, 1989) (Director of Public Works)
Pulled from the Consent Calendar.
MINUTES - 3 - May 23, 1989
7a. RESOLUTION 14108 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 14071 OF
SAID COUNCIL, CITY OF CHULA VISTA TOWN
CENTRE NO. 1 STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO.
1989-90 (Director of Public Works)
7b. RESOLUTION 14109 DECLARING ITS INTENTION TO ORDER CERTAIN
STREET LIGHTING FIXTURES AND APPURTENANCES
TO BE MAINTAINED AND ELECTRIC CURRENT TO
BE FURNISHED FOR LIGHTING SAID FIXTURES
AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED AND REPLACED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1989, AND
APPOINTING A TIME AND PLACE FOR HEARING
PROTESTS IN RELATION THERETO, CITY OF
CHULA VISTA TOWN CENTRE NO. 1 STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT 1989-90
Chula Vista Resolution No. 14071 ordered the City Engineer to
prepare and file a report of assessments for Town Centre No. 1
Lighting and Landscaping Maintenance District for FY 1989-90.
Approval of the report establishes assessments and sets the date
for a public hearing on June 13, 1989 to consider the spreading of
the assessments.
8a. RESOLUTION 14110 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 14071 OF
SAID COUNCIL, CITY OF CHULA VISTA BAY
BOULEVARD STREET LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT NO. 1989-90 (Director
of Public Works)
b. RESOLUTION 14110 DECLARING ITS INTENTION TO ORDER CERTAIN
STREET LIGHTING FIXTURES AND APPURTENANCES
TO BE MAINTAINED AND ELECTRIC CURRENT TO
BE FURNISHED FOR LIGHTING SAID FIXTURES
AND TO ORDER CERTAIN LANDSCAPING TO BE
MAINTAINED AND REPLACED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1989, AND
APPOINTING A TIME AND PLACE FOR HEARING
PROTESTS IN RELATION THERETO, CITY OF
CHULA VISTA BAY BOULEVARD STREET LIGHTING
AND LANDSCAPING MAINTENANCE DISTRICT
1989-90
Chula Vista Resolution No. 14072 ordered the City Engineer to
prepare and file a report of assessments for Bay Boulevard
Lighting and Landscaping Maintenance District for FY 1989-90 with
the boundary map. Approval of the report establishes assessments
and sets the date for a public hearing on June 13, 1989 to
consider the re-spread of assessments.
MINUTES - 4 - May 23, 1989
9a. RESOLUTION 14112 CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY
OR WELFARE REQUIRES THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ALONG MAIN
STREET FROM INDUSTRIAL BOULEVARD TO I-5
FREEWAY (Director of Public Works)
9b. RESOLUTION 14113 CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY
OR WELFARE REQUIRES THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT ALONG OTAY
VALLEY ROAD FROM ABOUT 100 FEET EAST OF
OLEANDER AVENUE TO ABOUT 500 FEET EAST OF
MELROSE AVENUE
Both Districts are recommended at once because of the planned
widening of Main Street and Otay Valley Road in these areas by use
of transportation sales tax funds and Assessment District
proceedings. Council directed the Public Hearings be held on June
13, 1989 in accordance with Code Section 15.32.130.
10. RESOLUTION 14114 APPROVING THE ENGINEER'S REPORT FOR THE
SPREAD ASSESSMENTS FOR OPEN SPACE
DISTRICTS NO. 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 14, 15 AND 18 FOR FY 1989-90 AND
SETTING A DATE FOR THE PUBLIC HEARING
(Director of Public Works)
Council directed the City Clerk to publish the Notice of Public
Hearing set for June 13, 1989 to consider the spreading of
assessments on the property owners within the District.
11. RESOLUTION MAKING FINDINGS ON PETITION AND
AUTHORIZING EXECUTION OF
ACQUISITION/FINANCING AGREEMENT (Director
of Public Works)
Pulled from the Consent Calendar.
12. RESOLUTION 14115 APPROVING THREE JOINT USE AGREEMENTS
BETWEEN THE CITY OF CHULA VISTA AND THE
SAN DIEGO GAS AND ELECTRIC COMPANY AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director of Public Works)
San Diego Gas and Electric Company (SDG&E) has requested the City
enter into joint use agreements relating to three areas where
public facilities will cross the SDG&E easements: (1) a public
sanitary sewer crossing a 250' wide SDG&E transmission line
easement in the Rancho del Sur development; (2) a public sanitary
sewer crossing a 20' wide SDG&E easement in the Rancho del Rey
Subdivision; and (3) a public storm drain crossing a 20' wide
SDG&E easement in the Otay Rio Subdivision.
MINUTES 5 May 23, 1989
13. RESOLUTION 14116 ACCEPTING PUBLIC IMPROVEMENTS CONTRACT
WORK FOR TRAFFIC SIGNAL MODIFICATION AND
PCC CONCRETE MEDIAN INSTALLATION AT
BROADWAY/L STREET IN THE CITY OF CHULA
VISTA (Director of Public Works)
~ICR Electrical Contractors, Inc. completed the traffic signal
modification and PCC concrete median installation at Broadway and
"L" Street on May 1, 1989. A final inspection was made on May 8
and all work was found to be completed in accordance with the
contract plans and specifications and to the satisfaction of the
City En9ineer.
14. RESOLUTION ACCEPTING CONTRACT WORK, REPLACEMENT OF
EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET TREES ALONG THE 1100
BLOCK OF HILLTOP DRIVE IN THE CITY OF
CHULA VISTA AND ASSESSING LIQUIDATED
DAMAGES (Director of Public Works)
Pulled from the Consent Calendar.
15. REPORT SPEED LIMIT ON RUTGERS AVENUE AND ALL-WAY
STOP AT ITHACA STREET (Continued from
meeting of May 16, 1989) (Director of
Public Works)
Pulled from the Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
16. PUBLIC HEARING DRC-89-42: REQUEST TO CONSTRUCT THREE
SINGLE FAMILY DWELLINGS IN THE HILLSIDE
MODIFYING DISTRICT AT THE NORTHWEST
QUADRANT OF EAST J STREET AND THE 1-805
FREEWAY - CHULA VISTA 3 VENTURE (Director
of Public Works)
RESOLUTION APPROVING A DEVELOPMENT IN THE HILLSIDE
MODIFYING DISTRICT AT THE NORTHWEST
QUADRANT OF EAST J STREET AND THE 1-805
FREEWAY
This being the time and place as advertised, the public hearing
was declared open.
Director Krempl reported the proposal is to construct three single
family dwellings on 0.62 acres at the northwest quadrant of East
"J" Street and the 1-805 Freeway in the R-1-H-P zone. The
Hillside Modifying District ("H") required Commission and Council
review of all development proposals. An addendum, prepared by the
MINUTES 6 May 23, }989
Environmental Review Coordinator finds that the project will
result in no significant environmental impacts not already
discussed. Staff recommends approval, contrary to the
recommendation of the Planning Commission. Slides were presented
by staff to illustrate the project.
Greg Garratt, 530 "B" Street, 92101, Attorney for Chula Vista 3
Venture, reported the Planning Commission's expressed desire to
have landscaping on the north side as a buffer from Route 805. He
stated the grading has been completed for the project to
accommodate the homes and summarized the history of the property
since acquired from CALTRANS in 1975 and pointed out the
reasonable measures which have been taken to address the concerns
of the neighbors given the constraints of the site.
Randy Hanna, 5465 Morehouse Drive, San Diego, 92121, Architect for
Chula Vista 3 Venture, reported his study of the effects which
would occur by relocating the homes to protect and preserve
private views. Major impacts resulted, the worst case of which
was the above-grade home. Major grading would be necessary into
the open space easement, massive retaining walls would be
necessary, the Hillside integrity would be lost and the cost would
be exhorbitant.
Paul Kincade, 715 Notan Avenue, 92010, reported his previous
opposition for development of the property when condominiums were
suggested. "J" Street has been designated as a scenic route and,
if the homes can be built in this location while preserving the
scenic aspect, he now speaks for approval but cautioned the
landscape plans presented might not preserve the view.
Jackie McQuade, 339 East "j" Street, requested denial of this
project and presented slides to illustrate the views which are now
present versus what would result if the project was approved. She
also reported the land is not "buildable", too close to the
freeway and that the developer agreed to sell part of the land if
it remained open space. Mrs. McQuade reported the area is
designated to receive 9.4 acres of parkland and that the neighbors
would be willing to trade the missing 7.4 acres for this 0.62
acres of open space as a viable solution.
Joy Short, 839 Halecrest Drive, 92010, spoke in opposition to
development of this property because of its infringment on the
scenic route and requested Council consider the rights of the
residents of the area and protect this "look out" area.
Len Hummelman, 348 East "J" Street, reported the prime concern
should be what is best for the community and not just the adjacent
residents; the project is contrary to the new General Plan of the
City and he suggested the City acquire the land. William Dunn,
374 East "J" Street, also reported his objections to the
development which is directly across from his home.
MINUTES 7 May 23, 1989
Owner of a home at 422 East "j" Street spoke on behalf of the
property owner who will be buying the homes if built, pointing out
the problems which ensued when she bought her home. She reported
three years were spent trying to endure the noise of the traffic,
the mess caused by landslides outside her home and the attempt to
obtain a settlement from CALTRANS. She requested Council to think
deeply of the consequences which may evolve from development of
this project.
Chula Vista 3 Venture Attorney Greg Garratt reported one of the
developers, Mr. Cunradi, and a Chula Vista 3 Venture employee, Mr.
Taylor, will be occupying two of the proposed homes; the views
will be 70% preserved and the lots are buildable. He requested
approval of the permit.
There being no others to speak either for or against the issue,
the public hearing was closed.
Director Krempl clarified, in answer to Councilmembers' questions,
(1) the condition of the Precise Plan which states that any
development shall be subject to Design Review approval to insure
retention of the view was interpreted by the Planning Commission
as "100% retention of the view" whereas staff's interpretation is
"reasonable retention of the view"; (2) the street easement
dedication refers to an excess right-of-way that the City retained
when the CALTRANS projected was completed and not presently being
used for public purposes; (3) the portion fronting "J" Street is a
one story home and the only way to lower it is to allow a flat
roof or additional grading.
Councilman Malcolm summarized the problems, addressed property
owners' rights and Council's lack of flexibility stating, if the
residents consider an assessment district in the area, he would be
willing to support it provided a reasonable time frame could be
pursued. Council concurred this is a unique piece of property and
the assessment district should be explored. Mayor Cox stated his
feeling that the property owner does have his right to develop,
although the view impediment of the one house is a problem. On
the other hand, he agrees with the idea of forming an assessment
district if the residents take the initiative to establish whether
or not there is support.
MOTION
MS (McCandliss/Nader) to continue the item for six months and that
staff be directed to initiate and work with the property owners
and the residents of the area to review the formation of an
assessment district and the boundaries of an assessment district
and provide some guidance on the creation and support for that;
and to bring back an emergency ordinance to impose a moratorium.
MOTION
MSUC (Nader/Malcolm) to reopen the public hearing.
MINUTES - 8 ~ May 23, 1989
Susan Harris, 365 Mission Court, reported that she would like
something to happen in this area because of the danger of
undesireable people living in the canyon, the eyesore of weeds and
the possible danger to children walking by the undeveloped area.
Ms. Harris reported there are many residents in the area who feel
as she does and would prefer the City to acquire and maintain the
area or, secondly, to allow the development.
There being no others to speak for or against this issue, the
public hearing was closed.
ADDITION TO THE MOTION
(Malcolm/McCandliss) to direct staff to proceed immediately, to
notify Council of the costs as they come in, and to direct staff
to start negotiations with the property owners to see if a
friendly condemnation can be worked out, and to come back to
Council with a memo on how staff expects to proceed.
VOTE ON THE MOTION AND ADDITION TO THE MOTION
Passed unanimously.
Councilman Malcolm stated the urgency to establish the costs for
this assessment district to determine whether or not it is prudent
to proceed.
17. PUBLIC HEARING PCA-89-5: CONSIDERATION OF AN AMENDMENT TO
THE MUNICIPAL CODE TO ALLOW R~l-7 LOTS
WHICH MEASURE LESS THAN SIXTY FEET IN
WIDTH TO MAINTAIN SIDE YARD SETBACKS OF
FIVE FEET CITY INITIATED (Director of
Planning)
ORDINANCE 2311 AMENDING SECTION 19.24.070 OF THE
MUNICIPAL CODE TO ALLOW R-1-71LOTS WHICH
MEASURE LESS THAN SIXTY FEET IN WIDTH TO
MAINTAIN SIDE YARD SETBACKS OF FIVE FEET
FIRST READING
This being the time and place as advertised, the public hearing
was declared open.
Director of Planning Krempl reported the impetus for this
Amendment is the pending reclassification of single family areas
within the Montgomery Community from County RS7 to City R-l-7
zoning. Because the nonconforming condition will become much more
common with the zoning reclassifications within Montgomery, more
variance requests will result without an ordinance amendment.
There being no one to speak for or against the item, the public
hearing was closed.
MINUTES - 9 ~ May 23, 1989
Director Krempl clarified that the Ordinance would apply to those
lots which are less than 60' and for which there is a recorded
final map. Councilmembers Moore and Malcolm stated their problems
with the ordinance as it deals with lots such as cul-del-sacs and
pie-shaped lots especially since those who want a change could
come to the Planning Commission for review on a case by case basis
for the Conditional Use Permit. Councilwoman McCandliss
questioned the rezones in Montgomery and the effect of doing these
on a case by case basis; Director Krempl offered that a
distinction might need to be drawn between those lots developed
and those lots not developed. Councilmembers discussed the issue
considering the number of lots in Montgomery being transferred to
City zoning and the problems they may present in the future.
AMENDMENT TO THE ORDINANCE
MS (Cox/McCandliss) to amend the ordinance to reflect the proposed
change applies only to developed R-l-7 lots.
MODIFICATION OF THE AMENDMENT
ICox/McCandliss) to modify the motion to state this would only
apply to existing R-l-7 developed lots or replacements or
modifications in excess of 50%.
VOTE ON THE AMENDMENT AND MODIFICATION
Passed. ICouncilman Nader voted no.)
MOTION
MSC (McCandliss/Malcolm) to table the ordinance. (Councilmembers
Nader and Cox voted no)
Mayor Cox stated his objection is based on the fact the impact of
annexation was not contemplated that over 50% of the homes would
be non-conforming and the owners would have to obtain a variance
for a room addition.
MOTION
MSC (Cox/Nader) to bring back the Ordinance in two weeks.
(Councilmembers McCandliss and Malcolm voted no.
MOTION
MSUC (Cox/Moore) to reconsider both previous actions.
MOTION
MSC (Cox/Nader) to approve the ordinance as amended.
(Councilmembers McCandliss and Malcolm voted no.)
18. PUBLIC HEARING PCM-89-14: CITY-INITIATED PROPOSAL TO
REZONE CERTAIN TERRITORY, GENERALLY
BOUNDED BY ARIZONA STREET, NAPLES STREET,
INDUSTRIAL BOULEVARD, AND BROADWAY, FROM
ITS CITY-ADOPTED "COUNTY-ZONING"
CLASSIFICATIONS TO THE "CITY"
CLASSIFICATIONS UTILIZED THROUGHOUT CHULA
VISTA (Director of Planning)
MINUTES lO May 23, 1989
ORDINANCE 2312 REZONING CERTAIN TERRITORY, GENERALLY
BOUNDED BY ARIZONA STREET, NAPLES STREET,
INDUSTRIAL BOULEVARD, AND BROADWAY, FROM
ITS CITY-ADOPTED "COUNTY-ZONING"
CLASSIFICATIONS TO THE "CITY"
CLASSIFICATIONS UTILIZED THROUGHOUT CHULA
VISTA - FIRST READING
This being the time and place as modified, the public hearing was
declared open.
Planning Consultant Lettieri reported the area involves four land
use designations on the Montgomery Specific Plan which are the
Research and Limited Designation Industrial, the high density
residential, the mercantile and office and the low/medium density
designation. The areas were pointed out on slides with the
recommended changes and staff recommends the ordinance be placed
on first reading.
Antonio Castro, 158 Zenith, 92011, representing the Montgomery
Planning Group, requested approval and reported the only concern
was that of residents near Naples Street referencing the proximity
of the school. The R-3-P-D would allow a higher density and aid
the economy in that area. Mayor Cox commented on the many areas
that will soon come for review before Council and complimented
staff and the Montgomery Planning Group for their thorough
processing.
There being no others to speak either for or against this item the
public hearing was closed.
COUNCILMAN MALCOLM OFFERED THE ORDINANCE BE PLACED ON FIRST
READING which was read by title, the reading of the text was
waived by unanimous consent and approved unanimously.
19. ORAL COMMUNICATIONS -
a. Ivan Gutierrez, San Diego, CA 92073, (Tel: 690-3893)
representing the Schiller Institute, 1417 East Colorado
Boulevard, Pasadena, CA, spoke to Councilmembers of Satanism
and presented Council with a publication on the subject. He
offered that the states of Illinois and Texas have adopted
legislation to prohibit the practice of Satanism and Mr.
Gutierrez requested City Council to urge like legislation for
the State of California.
MOTION
MSUC (McCandliss/Nader) to refer the issue to the Chula Vista
Legislation Committee for a report back.
MINUTES - ll May 23, 1989
b. Dan Stockin, 616 "G" Street, 92010, Graduate Student from San
Diego State University and Manager of Engineering Envisions,
an environmental services firm in Chula Vista, presented
Council with a copy of his master's degree thesis which
outlined a recycling program for the City of Chula Vista.
Mayor Cox thanked Mr. Stockin for his effort and directed the
City Clerk to distribute copies of his thesis to
Councilmembers. Mayor Cox also suggested that Mr. Stockin
fill out an application for membership on the Resource
Conservation Commission.
At 9:20 p.m., Council recessed and reconvened at 9:28 p.m.
PULLED ITEMS
6. RESOLUTION 14117 DECLARING THAT A CERTAIN VACANT PARCEL OF
CITY-OWNED LAND, CONSISTING OF
APPROXIMATELY 3 ACRES, LOCATED IMMEDIATELY
WEST OF THE EXISTING GOLF
COURSE/RESTAURANT PARKING LOT ON BONITA
ROAD HAS NO PRESENT OR FUTURE USE FOR
PUBLIC PURPOSES (Continued from meeting of
May 16, 1989) (Director of Public Works)
Section 2.56.230 of the Municipal Code provides that the
Purchasing Agent, with the recommendation of the City Manager and
approval of the City Council, has the power to sell any real
property owned by the City which has been declared by the Council
to have no present or future use for public purposes; Government
Code Section 54222 outlines the procedural steps.
David Smith, 334 Camino Elevado, Bonita, CA 92002, and Earle
Brooks, 815 Third Avenue, both representing RAS Property
Management Co., suggested the property would be best suited for
revenue producing development for the City as opposed to public
use and suggested that a number of alternate pieces of real estate
would accommodate the public uses that would not take over this
piece of property. Approval of the resolution will allow them to
present proposals to Council.
George Kost, P.O. Box 232, Bonita, 92002, representing the
Sweetwater Valley Civic Association, reported his concern with the
land being declared surplus and its possible resultant sale to a
motel or other business which generates much traffic. He
recommended that Council put something back into Bonita to enhance
the general welfare of Bonita and Chula Vista. Councilman Malcolm
reminded Mr. Kost Bonita has more open space paid for by the Chula
Vista taxpayers than any other area per resident.
Sue Miller, 46 Alvarado Place, 92010, representing the Chula Vista
Library Board of Trustees, reminded Council of the Board's
previous request for this site for a Library, that the Keene Bill
was approved last November to allocate funds for the renovation
and building of libraries. The timetable for an award is January
MINUTES 12 - May 23, 1989
to December 1990. Rosemary Lane, Director of the Library, added
there is a more pressing need in Montgomery for a Library but a
site is not now available for the prospect for matching funds and
future revenue commitments. It is her understanding the City
intends to use Community Development Block Grant funds, which are
Federal Funds, for the Hermosa site; the State, however, will
match only local funds.
Assistant City Manager Asmus reported that City has designated
within the Rancho del Rey development a library site, fire station
and a park, which land will be owned by the City; a review of the
use of CDBG funds for the Hermosa site is continuing; and analyses
of all proposed library sites resulted in the subject 3 acres as
not the most desirable location.
Mayor Cox clarified that this action would allow sixty days for
other public agencies to make a determination whether or not they
have any public use for this property without precluding the City
of Chula Vista's options.
COUNCILMAN MOORE OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved
unanimously.
~OTION
MSUC (Cox/Nader) to docket for the Meeting of June 6 Regular
Meeting under Mayor's Comments a proposal to look at the
Lauderbach Community Center as a Branch Library for the Montgomery
area and, implicit in that, would be an expanded Recreation Center
oriented toward youth-serving recreation and Senior
Citizens-serving recreation at the Orange/Hermosa site.
11. RESOLUTION 14118 MAKING FINDINGS ON PETITION AND
AUTHORIZING EXECUTION OF
ACQUISITION/FINANCING AGREEMENT (Director
of Public Works)
Ken Baumgartner, 2727 Hoover Avenue, National City 92050,
representing Rancho del Rey Partnership, reported the timing and
disclosure as it relates to the project. The roadway will be
completed in November 1989 and the proceedin9s will come to
Council in April 1990 approximately and an estimate was presented
to Council for assessments on each of the properties. Advice was
given the properties will be marketed and the disclosures will be
clearly stated.
Council adopted the Resolution in response to the petition and
agreement submitted by Rancho del Rey Partnership relative to the
widening of Otay Lakes Road to a four-lane major arterial from
approximately 300' southeast of Camino del Cerro Grande to Canyon
Drive/Ridgeback Road.
MINUTES 13 May 23, 1989
14. RESOLUTION 14119 ACCEPTING CONTRACT WORK, REPLACEMENT
EXISTING SIDEWALKS AND DRIVEWAYS AND
REMOVAL OF STREET TREES ALONG THE 1100
BLOCK OF HILLTOP DRIVE IN THE CITY OF
CHULA VISTA AND ASSESSING LIQUIDATED
DAMAGES (Director of Public Works)
The contractor completed "demonstration patches/repairs" at 1112,
1118, 1127, and 1131 Hilltop Drive where the gouges/chips on the
driveway aprons and edges of the sidewalk and curbing were
patched. The repairs were found to be satisfactory and, at
Council's direction, staff directed the contractor to repair the
remaining damaged improvements to the same level of quality as the
"demonstration patches."
Councilman Malcolm reported the item was pulled by Roberto Vega,
1108 Hilltop Drive who wished to thank Council for what was done
but, because of the late hour, had to leave and will return next
week.
RESOLTION OFFERED BY COUNCILMAN MALCOLM which was read by title,
the reading of the text waived by unanimous consent.
15. REPORT SPEED LIMIT ON RUTGERS AVENUE AND ALL-WAY
STOP AT ITHACA STREET (Continued from
meeting of May 16, 1989) (Director of
Public Works)
Traffic Engineer Rosenberg reported traffic surveys completed by
staff and recommended Council retain the 30 miles per hour speed
limit on Rutgers Avenue. An all-way stop at the intersection of
Ithaca Street was not recommended but he recommended the Police
Department provide concentrated enforcement on an as needed
basis. The Police Department concurs with this recommendation.
Ronald Treat, 877 Rutgers Avenue, 92013, restated the history of
problems encountered in the neighborhood because of the speed of
vehicles and reported the lack of results after the many measures
that were taken by the City. He stated this problem is a road
condition problem as well as one of enforcement.
Harral Grant, 912 Rutgers Avenue, cautioned Council to study this
request carefully because of the handicapped children and elderly
people who use the subject streets. Sally Grant, 912 Rutgers
Avenue, reported her disagreement with the actions taken by staff
in this and in previous instances, citing the problems caused when
a tree was being replaced on her property by the City's crew.
Mrs. Grant added the problems she encounters when trying to exit
her driveway because of the trucks which speed on Rutgers and
requested the assistance of Council to reach a resolution for the
relief of the neighborhood problem; the residents should be
considered above all.
MOTION
~S (Malcolm/Nader) to direct the speed limit be reduced to 25
miles per hour.
MINUTES - 14 May 23, 1989
City Attorney Harron reported, when the speed limit is lowered
below the Engineering Survey, the City provides the driver with a
defense that he was driving at a safe speed.
Councilman Malcolm, because of his belief that most motorists are
taw-abiding, emphasized the limit should be lowered and that it
will slow people down. It was clarified that Rutgers is a
collector street and, as shown in the General Plan, is intended to
provide a circulation link providing service between the
neighborhood and the major streets. Council questioned the
Traffic Engineer and Mayor Cox stated his problem with the
approach taken by the motion; Councilman Nader discussed the
enforceability problem.
SUBSTITUTE MOTION
M (Nader) to put in the Stop Sign. (Motion died for lack of a
second)
Councilman Moore concurred with the actions taken by staff but the
City has not controlled speeding in the City whether there are
stop signs or not; Councilman Malcolm disagreed.
VOTE ON THE MOTION
Motion passed. (Councilmembers McCandliss and Cox voted no.)
MOTION
MSUC (Cox/McCandliss) to direct staff to review posting of Rutgers
Avenue as "no construction traffic.
MOTION
MSUC (Cox/Moore) to refer to staff the item of a tree planting
referenced by Mrs. Grant,
MOTION
MSUC (McCandliss/Cox) to direct staff to come back with a speed
study of the area after six months.
At 10:34 p.m., City Council recessed to meet as the Redevelopmerit
Agency and reconvened at 11:20 p.m.
20. CITY MANAGER'S REPORT
a. Scheduling of Council meetings - None
21. MAYOR'S REPORT
a. Ratification of Appointment -
MOTION
MSUC (Cox/Nader) to ratify the appointment of Leon Cruz to the
Youth Commission.
MINUTES 15 - May 23, 1989
b. The Council Tour will be renoticed to reflect that Council
will meet at Sun Ridge Park at 8:00 a.m.
c. Mayor Cox gave an updated report of the SANDAG Airport Study
and reported the noise contours of the several suggested
airport sites, the acquisition of land which would result in
each area and the number of people impacted by the relocation
at each site.
d. A member of the Mobilehome Issues Committee was concerned of a
cancellation notice. It was clarified by the Mayor that only
the Chair of the Committee and the Members themselves have the
authority to cancel a meeting.
At 11:25 p.m., Councilman Malcolm left the meeting.
22. COUNCIL COMMENTS
COUNCILMAN MOORE:
a. Recycling: Potential Grant Support as Adjunct to City
Recycling Program - A call was received from an applicant for
a grant who stated, if he was an adjunct to the Recycling
Program, he would be assisted. Staff supports this and
suggested, if Laidlaw picked up curbside, a secondary market
would be needed to move the collection to the distribution
site.
MOTION
MSC (Moore/Cox) to add the applicant's purpose as an adjunct to
the City Recycling efforts and that a letter over the Mayor's
signature forwarded to the appropriate entity in the County.
(Councilman Malcolm out)
COUNCILMAN NADER:
b. SDG&E augmentation of South Bay Unit III EIR process
MOTION
MSC (Nader/Cox) to direct staff to take the steps for intervenor
status at the hearings and to participate as deemed apv, apriate
and to keep Council advised in the case. ICouncilman Malcolm out)
c. Direction was given to docket an item on a future Agenda to
discuss Council Policy to be put in a draft Ordinance to set
forth guidelines for retroactive applications for fire
standards.
COUNCILWOMAN McCANDLISS:
d. Report was given of an article stating the Judge's action to
confiscate evidence of violation regarding "boom boxes" in
National City; a question was raised whether the City of Chula
Vista has such ordinances.
MINUTES 16 - May 23, 1989
MOTION
MSC (McCandliss/Moore) to refer to staff to come back with a
report on this particular situation in National City and the
City's ordinance. (Councilman Malcolm out)
ADJOURNMENT AT 11:38 p.m. to the Budget Session of Tuesday, May
30, at 4:00 p.m.; to the Special Meeting of Wednesday, May 31, at
4 p.m. the Council Tour of Saturday, June 3, at 8 a.m. and the
Regular Meeting of June 6, 1989 at :00 p.m.
TY CLERK
~'a"n'Fortune, CMC
bEPUTY CITY CLERK