HomeMy WebLinkAboutcc min 1985/08/06 MINU~S OF A REGULARMEETING OFTHE CITYCOUNCIL
OF T~ CITY OFCHULA~STA, CALIFORNIA
Tuesday, 4:00 p.m. August 6, 1985
ROLL CALL
PRESENT: Mayor Cox (arrived late); Councilmembers Malco~,
Scott, Moore
ABSENT: Councilwoman McCandliss
STAFF PRESENT: City Manager Goss, City Attorney Harron, Assistant
City Manager Asmus
Mayor No Tempore Malcolm presided over the meeting pending the arrival of the
Mayor.
PLEDGE OF ALLEGIANCETOTHE FLAG, SILENT PRAYER .~ ~tt/-~z~
t e was
The Pledge of Allegiance to h Flag led by Mayor-esK by a moment
of silent prayer.
1. APPROVAL OF ~NUTES for the meeting of July 23, 1985
MSUC (Scott/MOOre) to approve the minutes (Mayor Cox absent).
2. SPECIAL ORDERSOFTHE DAY (None)
3. ~RITTEN COMMUNICATIONS
a. CL~MSAG~NSTTHE CITY
Elizabeth Baker, 1371 Grove Street, Imperial Beach, CA 92832
A claim was filed against the City by Elizabeth Baker for medical expenses,
future medical expenses and other damages related to a vehicle collision
occurring on June 30, 1984 on Hilltop Drive north of Telegraph Canyon Road.
The claim alleges improper marking, design and warning on Hilltop Drive.
According to the Police report, ~e cause of the traffic collision was
improper driving on the part of the driver, making an unsafe turning movement
and traveling at an unsafe speed. It was recommended by Carl Warren & Company
and the risk management staff that this claim be rejected.
MSUC (Moor~Scott) to reject the claim.
b. Request to suppert AB 2182 and AB 2570 relating to laws against money
laundering to curtail the distribution of drugs in California (Assemblyman
Steve Clute, 68th District, State Capitol, Sacramento, CA 95814)
City Council Minutes 2 August 6, 1985
Assen~lyman Clute has recently introduced two bills (AB 2182 and AB 2570) in
order to drive the drug dealers out of the schools and off the streets. He
explained that typically, money is "laundered" through legitimate financial
institutions to camouflage the illicit source of the money. Between $50
billion and $65 billion in tainted cash is laundered through legitimate
financial institutions in this country every year. His request is for the
City Council to pass a resolution supporting these efforts.
MSUC (Moore/Scott) to adopt the reconmendation of the City Manager for an
appropriate resolution of support to be prepared by the City Attorney.
c. Request parking meters be removed from west side of Landis Avenue (Brenda
Leitzow, 256 Landis Avenue, Chula Vista, CA 92010)
Brenda Leitzow requested the parking meters be removed from the west side of
Landis Avenue (between Davidson Street and "F" Street) and be restored to free
parking, or that the residents be given permits to park in front of their
homes without paying.
MSUC (Malcolm/Scott) this request be referred to staff, the Parking Place
Commission, and the Downtown Committee for study and recomendation.
Mayor pro Tempore Malcolm stated items 4 and 5 would be trailed pending the
arrival of the Mayor.
6. PUBLIC HEARING REQUEST FOR DEFERRAL OF UNDERGROUNDING REQUIREMENTS AT
NORTHWEST CORNER OF "C" STREET AND DEL MAR AVENUE
(Director of Public Works/City Engineer)
a. RESOLUTION APPROVING DEFERRAL OF UNDERGROUNDING REQUIREMENTS AT
NORT~ST CORNER OF "C" STREET AND DEL MAR AVENUE
This being the time and place as advertised, the public hearing was declared
opened.
Mayor pro Tempore Malcolm explained to the applicant, James Draper, that only
three Councilmembers were present and asked if he wished to have the public
hearing trailed pending the arrival of the Mayor. Mr. Draper stated he would
like to have it considered now.
Director of Public Works/City Engineer Lippitt explained that as part of the
development of the parcel on the northwest corner of "C" Street and Del Mar
Avenue, the owner is required to underground the existing overhead utilities
along the parcel fronting on Del Mar Avenue. As provided for in the City
Code, the owner has requested a deferral of this requirement. The City Code
states that the request must be considered by the Council at a public hearing.
The staff recommendation is to approve subject deferral with the condition
that the applicant enter into an agreement with the City consenting to not
protest the formation of an undergrounding district should one be formed for
this area in the future.
City Council Minutes - 3 - August 6, 1985
Mr. Lippitt noted the applicant had withdrawn #A lot and the parcel map has
now been divided into three lots. The cost per R-1 lot is $8,000 which
ei]hances the request for the deferral of underground improvements.
Mr. Lippitt added the resolution should be clarified that the deferral is
granted based upon the current land use as submitted. Any further land use in
the future would have to go through the deferral process. The staff
reco~endation is based on the internal land use.
There being no further co~nents either for or against, the public hearing was
declared closed.
Council discussion followed with Mr. Lippitt explaining the difference between
a deferral and a waiver; basing the deferral on the cost of the undergrounding
improvements and noting that the poles will be relocated onto private property
by San Diego Gas and Electric. Councilman Scott spoke against the resolution
ii~dicating it is only delaying the possibility of putting in the
undergrounding utilities and it will be of no benefit to Chula Vista.
Counciln~n Moore stated he will be voting against the deferral based on the
fact that the poles will be relocated and the figure of $2,500 for putting it
in at this time may be a good estimate but not a firm figure.
MSUC (Malcolm/Moore) to deny the request. (Mayor Cox and Councilwoman
McCandliss absent.)
(Mayor Cox arrived at this time, 4:15 p.m.)
4a. HEARING A~ DETERMINING AND DECLARING THE PUBLIC
RESOLUTION NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR PUBLIC
STREET PURPOSES AND AUTHORIZING THE COMMENCEMENT OF
CONDE~qATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY
(Assistant City Attorney)
b. RESOLUTION APPROVING AGREE~NT BETWEEN THE CITY OF CHULA VISTA
AND PACIFIC SCENE, INC. RELATIVE TO THE ACQUISITION OF
CERTAIN STREET RIGHT OF WAY FOR PUBLIC STREET PURPOSES
c. RESOLUTION DEPUTIZING THE LAW FIRM OF MCDONALD, HECHT AND SOLBERG
AS DEPUTY CITY ATTORNEYS TO ACT FOR AND ON BEHALF OF
THE CITY OF ~ULA VISTA IN ANY CONDEMNATION
PROCEEDINGS NECESSARY TO ACQUIRE CERTAIN RIGHT OF WAY
FOR THE IMPROVEMEN~f OF TELEGRAPH CANYON ROAD
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Public Works/City Engineer Lippitt explained the City Council has
approved the Tentative Subdivision Map for Charter Point pursuant to Chula
Vista Tract 82-2 which requires the widening and realignment of Telegraph
Canyon Road. Said widening and realignment necessitates the acquisition of
approximately 2.22 acres of land currently owned by United Enterprises. The
City Council Minutes - 4 - August 6, 1985
City Council has the authority to acquire property outside its jurisdiction
boundaries pursuant to Government Code Section 37350.5 and Streets and
Highways Code Section 4090. The resolution of necessity recognizes the need
for the acquisition of this property. Mr. Lippitt stated only the people
involved in the issue can speak on this item since it is not a public hearing
but a public meeting based on condemnation proceedings. He showed an area map
noting the condition of the Charter Point was to improve some section of
Telegraph Canyon Road to the current divided portion of the Telegraph Canyon
Road east of Paseo Ladera. Because of the developments proposed for EastLake
and East "H" Street, the traffic will increase in volume. It was decided then
to widen the road from four lanes to a six-lane highway in front of each
development as it develops. The agreement was approved in October 1984. The
developer was given a good faith offer but has not come to any agreement in
terms. In order to proceed, staff is proposing adoption of the three
resolutions.
Mr. Paul D. Robinson, 1000 "B" Street, Suite 1100, San Diego, Attorney
representing Pacific Scene, Inc., stated that he is also representing Treetop
Unlimited of which Pacific Scene is a part and asked that the resolutions
indicate this. They are in support of the staff reco~nendations. He has just
received a lengthy document from Mr. Spata, Attorney for United Enterprises
and has not had time to review it. Mr. Robinson asked for time at the end of
the presentations to make his testimony.
Mr. Michael Spata, Attorney representing United Enterprises,
1007 Fifth Avenue, Suite 808, San Diego, gave the background on Telegraph
Canyon Point which was adopted on February 9, 1982. United Enterprises
submitted their concerns to the Council one to two weeks prior to that time.
They got together with the developer (Pacific Scenes) and came up with an
agreement for the public improvements. In October 1984, conditions were
changed in the Charter Point and Telegraph Point Subdivisions without
notifying United Enterprises. The developer is now telling United Enterprises
that because of these changed conditions, they no longer have to meet their
corm~itments; however, this afternoon, the developer offered United Enterprises
S5,000 to cover the improvements. Mr. Spata submitted documents to the City
Council listing the technical reasons why they are objecting to this issue.
Councilm~ Malcolm declared the agreement is between two private parties and
should be adjudicated in court. The Council has to keep in mind the public
health, safety and welfare of its citizens in condemning any property.
Mr. Spata stated this is evident based upon the technical evidentiary
background submitted this evening. Mr. Spata added that the design change
changes the ground rules of the scope and they should have been notified.
They are not objecting in concept on what the City is trying to accomplish as
long as the understanding they had with the developer (Pacific Scene) will be
carried out. Mr. Spata asked that the Council not adopt the resolutions as
presented this evening, since they cannot make a decision. In answer to
Councilman Scott's question, Mr. Spata stated he is not authorized to ask for
a continuance of this item.
City Council Minutes - 5 - August 6, 1985
Mr. Mark Longley-Cooke referred to the conditions negotiated in 1982 stating
one was to be a left-turn entrance into the ranch. There is a need to widen a
section of the Telegraph Canyon Road at that stretch and there are
construction costs associated with that. The second issue is the left-turn
pocket into the employee homes section west of the Buena Vista Way. In answer
to the Council's questions, City Attorney Harron stated there was a CEQA
review on the entire project and this was reviewed under the Environmental
Quality Act. There would be no need to get another Negative Declaration. As
to the circulation element, Attorney Harron assumed the change was a part of
the review made at that time (1974).
Dr. Wendy Longley-Cooke, representing United Enterprises, referred to the
seven conditions made in 1982 by United Enterprises stating these are not the
conditions being discussed today. The improvements in front of Charter Point
will not affect the conditions at these two other locations. The fact that
the road will not be widened at these locations will have some impact on
future developments. With the increase in the volume of traffic from future
developments on Telegraph Canyon Road, the public safety is being jeopardized
by the changes that will be going on. CEQA requires that when you have
subsequent projects which may have a significant impact on the environment,
the prior environmental impact report must be brought back and a statement has
to be made that this environmental impact report is being used. It must be
circulated and the public has to be given a chance to review it. Some of the
conditions imposed were never addressed in the Environmental Impact Report.
They were done subsequent to the publication of that report. United
Enterprises identified the drainage problem that was going on and the great
amount of discharge associated from runoffs of Charter Point. A lot of that
discharge settled behind the employee's homes which were being flooded out.
Dr. Langley-Cooke added the land use element of the General Plan should be
changed because of the other projects approved by the City Council
(EastLake). The circulation element shows "H" Street and Telegraph Canyon
Road as four lanes and it should be shown as six lanes.
(Mayor Cox left the dais at this time, 5:05 p.m.)
Mayor pro Tempore Malcolm presided over the meeting stating the hearing on #4
will be trailed pending the return of the Mayor.
CONSENT CALENDAR (8-18)
Items 13, 15, and 18 were pulled from the Consent Calendar.
MSUC (Malcolm/Scott) for approval of the Consent Calendar. (Mayor Cox and
Councilwoman McCandliss absent.)
8. RESOLUTION 12116 ACKN~qLEDGING RECEIPT OF THE CALIFORNIA COASTAL
COMMISSION'S RESOLUTION OF CERTIFICATION OF THE CHULA
VISTA LOCAL COASTAL PROGRAM, AND ADOPTING COASTAL
REVIEW AND PERMIT PROCEDURES AND DOCUMENTS (Community
Development Director)
City Council Minutes - 6 - AUgust 6, 1985
In accordance with Title 14 of the California Administrative Code (California
Coastal Commission) the effective date of certification of a Local Coastal
Program resulting in the transfer of coastal development review authority to
the City of Chula Vista occurs after the City complies with several
requirements.
The report discusses those requirements, provides a status report of the
City's progress and recommends the following action:
That the City Council:
Authorize the Mayor to forward a letter and procedures to the Coastal
Commission requesting permit authority for the Coastal Zone as outlined in
the certified Chula Vista Local Coastal Program.
9. RESOLUTION 12117 APPROVING AN AGREEMENT WITH JONES HALL HILL AND WHITE
FOR BOND COUNSEL SERVICES (Continued from the meeting
of July 23, 1985) (Cor~munity Development Director)
At the direction of the City Council and the Redevelopment Agency, a search
was conducted for bond counsel services for both the Agency and the City. A
question arose as to whether the City/Agency could obtain better, more
efficient service through a local, San Diego region legal firm rather than
utilizing the services of Jones Hall Hill & White in San Francisco as has
been done in the past. Based on this request and with City/Agency
concurrence, a request for proposals was solicited to known bond counsel firms
throughout the State. No area firms responded to the request.
The recommendation was for the City to enter into an agreement with the law
firm of Jones Hall Hill & White based upon a comparison of fees and
availability of personnel as revealed in the matrix. The contract may be
cancelled by either party with 30 days' notice.
10. RESOLUTION 12113 APPROVING A MINORITY BUSINESS ENTEP~RISE/ WO~N
BUSINESS ENTERPRISE/SECTION 3 PLAN FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDED PROJECTS (Continued
from the meeting of July 23, 1985) (Community
Development Director)
The U. S. Department of Housing and Urban Development (HUD) requ]res cities
that receive Community Development Block Grant (CDBG) funds to "take
affirmative steps" to assure that local, minority and women-owned businesses
are utilized, whenever possible, for procurement activities, including
construction contracting.
The resolution is a copy of a draft MBE/WHE/SectiOn 3 Plan which will be sent
to HUD upon Council approval. Included in the plan are definitions of MBE/WBE
firms and the requirements under Section 3.
The recommendation was that the City adopt MBE/WBE goals of 15% and 1%,
respectively.
City Council Minutes 7 August 6, 1985
11. RESOLUTION 12118 ADOPTING OFFICIAL CITY SEAL AND LOGO AND ADOPTING
COUNCIL POLICY REGARDING THEIR USE (Director of
Management Services)
In COnjunction with adopting the designs for the City's official logo and
seal, staff recommended a more cohesive identification program for the City.
This policy states: (1) use of the City seal will generally be limited to
ceremonial applications such as proclamations, certificates, and plaques; (2)
except for specific ceremonial uses, the logo will be the sole identifying
symbol used by the City, and (3) all uses will be approved by the City
Manager's designee prior to implementation.
12. RESOLUTION 12119 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND DUANE ROGERS, PERSONAL ASSISTANCE SERVICES, FOR
EMPLOYEE ASSISTANCE PROGRAM SERVICES (Director of
Personnel)
The City of Chula Vista was one of the first cities in the County to provide
an Employee Assistance Program. Since the Program was begun in 1980, almost
20% of the employees have used the service. The current agreement under which
the program is provided expired June 30, 1985. Mr. Duane Rogers requested
some changes in the contract to make it clear the City's Employee Assistance
Services is not a treatment plan. These changes are needed in response to
court decisions affecting treatment programs. In addition, a 10% rate
increase was requested.
13. REPORT FURTHER INFORMATION REGARDING DENSITY BONUS REQUEST BY
STARBOARD INVESTMENT COMPANY (Continued from the
meeting of July 16, 1985) (Community Development
Director)
a. RESOLUTION APPROVING A DENSI'Ff BONUS FOR HOUSING PROJECT
PROVIDING LOW AND MODERATE INCOME HOUSING BY STARBOARD
INVESTMENT COMPANY AND APPROVING A HOUSING COOPERATION
AGREEMENT
b. RESOLUTION ADOPTING HOUSING Dt,I~SITY BONUS POLICY
c. RESOLUTION APPROVING SUBMITTAL TO LEAGUE OF CALIFORNIA CITIES OF
DRAFT RESOLUTION CALLING FOR AMENDMENT TO GOVERNMENT
CODE SECTION 65915 (DENSITY BONUS)
Pulled from Consent Calendar.
14. RESOLUTION 12120 ACCEPTING BIDS AND AWARDING CONTRACT FOR PAVEMENT
RECONSTRUCfION AND OVERLAY OF THIRD AVENUE FROM K
STREET TO L STREET (Director of Public Works/City
Engineer)
City Council Minutes 8 August 6, 1985
On July 24, 1985, the City Engineer received sealed bids for the work which
consists of providing asphalt concrete material overlaying a non-woven
pavement reinforcing fabric and removal of alligatored pavement areas. The
recor~nendation is that the City Council (1) authorize the expenditure of
~81,300; (2) accept bids and award contract to Daley Corporation, San Diego,
in the amount of ~73,910, low bidder.
15. ORDINANCE 2122 A~NDING CHAPTER 8.20 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING A NEW SECTION 8.20.025 REGULATING
VENDING VEHICLES NEAR ELEMENTARY SCH(DOL FACILITIES
SECO~ READING AND ADOPTION (Assistant City Attorney)
Pulled from Consent Calendar.
16. RESOLUTION 12121 SUPPORTING SB 1434 (WILSON) EXCLUDING CITY EMPLOYEES
FROM THE PROVISION OF FAIR LABOR STANDARDS ACT (City
Attorney)
This resolution expresses the Council's support of SB 1434 (Wilson) exempting
local government from the Fair Labor Standards Act.
17. REPORT REQUEST TO CONDUCT FIESTA DE LA LUNA PARADE AND
FOUNDER'S DAY CELEBRATION (Director of Parks and
Recreation)
On October 19, 1985, the Chamber of Commerce will sponsor the Fourth Annual
Founder's Day Celebration in observance of the City's 75th birthday.
Concurrently, the Chula Vista Jaycees are holding the 51st Annual Fiesta de la
Luna parade. Requests have been received for permission to conduct these
events. The recommendation was for approval including Third and Fourth Avenue
closure, waiver of sidewalk sales ordinance and provision of City support.
18. REPORT GOLF COURSE ADVISORY COMMI~EE (Director of Parks and
Recreation)
Pulled from the Consent Calendar.
End of Consent Calendar.
15. ORDINANCE 2122 AMENDING CHAPTER 8.28 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING A NEW SECTION 8.20.025 REGULATING
VENDING VEHICLES NEAR ELEMENTARY SCHOOL FACILITIES -
SECOND READING AND ADOPTION (Assistant City Attorney)
This ordinance prohibits vending vehicles from stopping or parking within 500
feet of an elementary school property between 7:00 a.m. and 4:00 p.m. on
regular school days. The Ordinance was placed on First Reading at the meeting
of July 23, 1985.
City Council Minutes - 9 - August 6, 1985
MSUC (Malcolm/Scott) to place the ordinance on first reading, the reading of
the text was waived by unanimous consent, passed and approved with Councilman
Moore voting "no".
16. RESOLUTION 12121 SUPPORTING SB 1434 (WILSON) EXCLUDING CITY EMPLOYEES
FROM THE PROVISION OF FAIR LABOR STANDARDS ACT (City
Attorney)
This resolution expresses the Council's support of SB 1434 (Wilson) exempting
local government from the Fair Labor Standards Act.
Councilman Moore asked that letters be sent not only to one official but to
the Federal officials and specifically committee members.
18. P~PORT GOLF COURSE ADVISORY COMMITTEE Director of Parks and
Recreation)
During the negotiations to place the Chula Vista Municipal Golf Course under
lease management, Council requested the Parks and Recreation Commission to
review the desirability of establishing a Golf Course AdVisory Committee.
The Golf Course Advisory Committee would be a subcommittee of the Parks and
Recreation Cor~nission and would be comprised of five representatives. The
composition of this Committee would consist of: a member fr~n the Parks and
Recreation Commission, who would serve as Chairperson: the presidents of the
Men's and Women's Golf Associations or their designees: a senior citizen
actively interested in the golf course: and a member of the community at
large who is familiar with the golf course. The Golf Course Advisory
Committee would have a sunset date of two years from its creation and would be
reviewed by the Parks and Recreation Commission and the Director of Parks and
Recreation as to the composition and usefulness of such a body.
Councilman Moore stated that any Board, Co~m]ission or Committee appointed by
the City Council should have their reports going directly to the Council with
a copy to the City Manager. He disagreed with sending the reports from these
commissions and committees to the Director before coming to the Council. It
is a delayed process that the Council had not intended. Councilman Scott
indicated the Golf Course Committee is superfluous and he doesn't feel there
is a need for it. A private company is running the golf course now and the
idea for the committee came prior to this contract. He feels the Committee
should not be instituted unless it is needed. There is a Parks and Recreation
Commission which could hear any complaints regarding any recreational
activities in the City.
MSUC (Scott/Malcolm) to file this item.
13. REPORT FURTHER INFORMATION REGARDING D~SITY BONUS REQUEST BY
STARBOARD INVESTMENT COMPANY (Continued from the
meeting of July 16, 1985) (Community Development
Director)
City Council Minutes - 10 - August 6, 1985
a. RESOLUTION APPROVING A DENSITY BONUS FOR HOUSING PROJECT
PROVIDING LOW AND MODERATE INCOME HOUSING BY STARBOARD
INVESTMENT COMPANY AND APPROVING A HOUSING COOPERATION
AGREEMENT
b. RESOLUTION ADOPTING HOUSING DENSITY BONUS POLICY
c. RESOLUTION 12122 APPROVING SUBMITTAL TO LEAGUE OF CALIFORNIA CITIES OF
DRAFT RESOLUTION CALLING FOR AMENDMENT TO GOVERNMENT
CODE SECTION 65915 (DENSITY BONUS)
On July 16, the City Council continued a request for a State law density bonus
from Starboard Investment Company for a 53-unit family apartment project at
54-66 Fourth Avenue while further information could be gathered. That
information has been gathered. Additionally, an analysis of the State law has
been made by the City Attorney's Office, a formal density bonus policy has
been drafted, and a resolution for the League of California Cities proposing
amendment to Government Code Section 65915 has been drafted.
Director of Cormsunity Development Desrochers asked for a one-week delay since
some of the documents had not been received.
MSUC (Malcolm/Scott) for a one week continuance of item #13. (Mayor Cox
absent).
Mr. Christopher Garrett, representing Latham and Watkins, 701 "B" Street, San
Diego, representing Starboard Investment Company indicated that staff needs to
make some changes in the agreement and they are in concurrence with the
one-week delay. Councilman Moore declared it was a major policy item and
unless there was a time element he would like to see this come back at a
Council Conference for discussion on the item.
Councilman Scott noted there was a project on Eucalyptus Grove on which he has
a possible conflict of interest. There was discussion at that time for the
staff to come back with a policy. He would like to have that brought back for
discussion when the item canes to the Council.
MSUC (Scott/Malcolm) to move that whatever material was brought up at that
time for discussion be bro~]ht back.
City Manager Goss noted item #13c was a resolution intended to go to the
League of California Cities. The deadline for submission is August 23.
RESOLUTION 13c OFFERED BY Councilman Malcolm, the reading of the text was
waived by unanimous consentr passed, and approved unanimously.
City Council Minutes - 11 - August 6, 1985
4a. HEARING AND DETERMINING AND DECLARING THE PUBLIC
RESOLUTION NECESSITY OF ACQUIRING CERTAIN RIGHT OF WAY FOR PUBLIC
STREET PURPOSES AND AUTHORIZING THE COMMENCEMENT OF
CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT OF WAY
(Assistant City Attorney)
b. RESOLUTION APPROVING AGREEMENT BETWEEN THE CITY OF GHULA VISTA
AND PACIFIC SCENE, INC. RELATIVE TO THE ACQUISITION OF
CERTAIN STREET RIGHT OF WAY FOR PUBLIC STREET PURPOSES
c. RESOLUTION DERUTIZING THE LAW FIRM OF MCDONALD, HECHT AND SOLBERG
AS DEPUTY CITY ATTORNEYS TO ACT FOR ANE ON BEHALF OF
THE CITY OF CHULA VISTA IN ANY CONDEMNATION
PROCEEDINGS NECESSARY TO ACQUIRE CERTAIN RIGHT OF WAY
FORT HE IF~ROVEMENT OF TELEGRAPH CANYON ROAD
Mayor Cox reopened the hearing.
Mr. Paul Robinson stated that the condition being discussed by United
Enterprises this afternoon is the improvement of the road which is 3/4 to 1
mile away from their project (Charter Point). In 1982, the public
improvements ran adjacent to the Otay Ranch entrance and the employee
housing. That condition no longer exists. The amendments to the tentative
map eliminated any work to the public improvements in front of the United
Enterprise employee housing. The conditions before the Council this evening
are between the two private parties. Treetops/Pacific Scene do not agree to
any responsibility to those conditions but have made an offer to United
Enterprises in the Spirit of a settlement. It has nothing to do with the
issue before the Council today. The issue is the widening of Telegraph Canyon
Road and the amendment to the tentative map of Charter Point.
Mr. Lippitt noted that both the Charter Point and Telegraph Point subdivisions
have the same condition for the Telegraph Canyon Road improvements offsite to
the west. The issue was brought forth during the grading of the Charter Point
Subdivision. He further explained that at one point, staff believed that the
57 feet of pavement for temporary roadway would be sufficient to serve the
area for a long time. However, with the EastLake proposal in 1981, staff had
a change of mind and determined the road should now have the divider median.
In conjunction with the volumes of traffic that will be on Telegraph Canyon
Road, staff contended the four lanes should be changed to six lanes. This is
a crucial element; therefore, it becomes an obligation for the developers of
Charter Point, Telegraph Point, and Getsten Properties to put in the divided
highway in conjunction with their subdivisions.
Council discussion followed regarding the left turn pockets requested by
United Enterprises; staff's comment that there will be a left turn at Buena
Vista Way; concern with safety problems and the need to solve these; the
question of drainage as brought up by United Enterprises; and the agreement
between the two private parties which should not be solved by the City Council.
City Council Minutes - 12 - August 6, 1985
RESOLUTIONS A, B, AND C OFFERED BY Councilman Malcolm, the reading of the
texts were waived by unanimous consent.
Councilman Scott indicated United Enterprises may have lost some standing in
this issue. They were not informed regarding the change in the policy in
negotiations with EastLake. They felt they had an agreement and the solution
was forthcoming but now, because of the EastLake traffic it will be put off
for some time.
Councilman Malcolm commented that he cannot determine whether the $5,000 is
too much or too little. Council has put an obligation on a developer to do
some road improvements necessary for the public health, safety, and welfare of
the citizens. Somewhere along the line, these two parties have split on this
issue. If they felt there should be added conditions put on the map, they
should have come to the City Council and asked that these be incorporated.
Now they are asking the City Council to force a private agreement between the
two parties which would be to the detriment of the public. Hopefully a court
will take all these issues into consideration and come up with a remedy. In
answer to Council's questions, Director of Public Works/City Engineer Lippitt
stated United Enterprises, the Engineering staff, and the attorneys were aware
of the proposed changes to the tentative map of Charter Point but he cannot
find any record that United Enterprises was notified of the Council meeting to
discuss those changes.
The offer of the resolutions failed by the following vote:
AYES: Malcolm, Moore, Cox
NOES: Scott
ABSENT: McCandliss
(A 4/5ths vote is needed to pass the resolutions.)
MSUC (Malcoln~/Moore) to reopen the public hearing and to continue it for one
week to the meeting of August 13, 1985.
5. PUBLIC HEARING ISSUANCE OF MULTI-FAMILY REVENUE BONDS (Community
Development Director)
a. RESOLUTION 12123 AUTHORIZING SALE OF NOT-TO-EXCEED $24,000,000
PRINCIPAL AMOUNT OF MULTI-FAMILY HOUSING REVENUE BONDS
( EUCALYPTUS GROVE PROJECT), SUBJECT TO SUBSEQUENT
APPROVAL OF RELATED DOCUMENTS
b. RESOLUTION 12124 AUTHORIZING APPROVAL OF FEE AGREEMENT FOR BOND COUNSEL
This being the time and place as advertised, Mayor Cox opened the public
hearing. Councilman Scott announced he will be abstaining from discussion and
vote on this item due to a client/broker privilege for which he has a possible
conflict of interest. Councilman Scott left the dais at this time.
City Council Minutes - 13 - August 6, 1985
Housing Coordinator Dave Gustafson stated that after the public hearing was
advertised, staff noted changes to be made in the financial package of the
documents. These are not ready; however, the resolutions can be passed since
the documents will be received within two weeks. Mr. Don Gardner,
representing Stafford Gardner Development Company and Mr. Hal Kuykendall,
representing Eucalyptus Grove stated they were present to answer questions.
There being no comments either for or against, the public hearing was declared
closed.
RESOLUTIONS A AND B OFFERED BY Councilman Malcolm, the reading of the text was
waived by unanimous consent, passed and approved with Councilman Scott
abstaining.
(Councilman Scott returned to the dais at this time.)
7. ORAL COMMUNICATIONS
Mrs. Caroline Butler, 97 Bishop Street, Chula Vista, requested the sum of
$5.76 plus 4% increase which she lost in wages due to buses being late and
consequently not arriving at her job on time. Mrs. Butler declared there are
broken windows in the buses; the HandYtrans bus repairmen do not work on
weekends repairing buses as did Aztec's; noted the times when the buses were
late and the 701 bus route which she claimed the driver cut in half in order
to be on time. Mrs. Butler stated she is firmly accusing Transit Coordinator
Bill Gustafson as lying to the City and she would like a formal investigation
into the CTS service and Mr. Gustafsono
MSUC (Cox/Moore) to refer Mrs. Butler's concerns to the City Manager.
Councilman Malcolm voted "no," stating Council has just recently received
reports from staff on the CTS operation. If Mrs. Butler has a claim against
the City, she should put it in writing and submit it to the City Attorney.
Mayor Cox stated Mrs. Butler's allegations will be investigated and
researched. A report will be brought back to the City Council and she will be
given to opportunity to speak on it at that time. Councilman Moore said he
rode two buses recently and observed their operations. He noted that
wheelchair lifts have been put on buses and when you pick up a wheelchair
person, it delays the bus schedules. Picking up two wheelchair persons puts
the buses off schedule. As to the broken windows, he observed one of them was
done by a BB gun and some of the same problems reported by Mrs. Butler were
experienced by Aztec.
15. ORDINANCE 2122 AMENDING CHAPTER 8.20 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING A NEW SECTION 8.20.025 RDSULATING
VENDING VEHICLES NEAR ELEMENTARY SCHOOL FACILITIES -
SECOND READING AND ADOPTION (Assistant City Attorney)
This ordinance prohibits vending vehicles from stopping or parking within 500
feet of an elementary school property between 7:00 a.m. and 4:00 p.m. on
regular school days. The Ordinance was placed on First Reading at the meeting
of July 23, 1985.
City Council Minutes - 14 - August 6, 1985
MSUC (Cox/Scott) to place the Ordinance on second reading and adoption.
Councilman Moore voted "no" due to including private schools and lack of
appropriate input from those who operate private schools.
19. REPORT OF THE CITY MANAGER
a. MSUC (Cox/Malcolm) for a Closed Session for meet and confer. Councilman
Malcolm asked that potential litigation concerning the Bayfront also be
discussed. Mayor Cox stated that he would also include current
litigation: Derek versus Chula Vista, Phillips versus Chula Vista, Brown
versus Chula Vista, Chrismore versus Chula Vista, Robinson versus Chula
Vista, Wheeler versus C|]ula Vista, and Wright versus Chula Vista.
b. City Manager Goss referred back to item #11, the resolution and policy for
the City seal and logo - stating there is a need now to implement the seal
and the logo on business cards and letterhead. Director of Management
Services Thomson explained staff would like to proceed with these two
items. There will be a cost of approximately $2,000 to change the logo on
business cards and stationery. Mr. Len Tortes, the consultant, submitted
two layouts of business cards and letterhead using the new logo on beige
palper with burgundy printing. Councilmembers expressed their individual
opinions concerning the burgundy coloring and thereby the reluctance to
approve the design as submitted. Councilman Malcolm suggested staff
submit samples of how the letterhead and business cards will look with the
new design and coloring on it. The Councilmembers concurred.
20. REPORTS OF BOARDS AND COMMISSIONS
Caroline McVey, Chairman of the Library Board submitted a written report
stating that on July 24, the Library Board of Trustees met with Bob Sennett,
City Landscape Architect. Mr. Sennett proposed a cascading water feature for
the west end of the Library which answers concerns regarding safety,
aesthetic, cost, and maintenance. Mrs. McVey asked the City Council to
approve this concept with the hope that the project will be completed in time
for the Library's birthday and the City's 75th anniversary in July 1986.
MSUC (Scott/Malcolm) to approve the request.
21. MAYOR'S REPORT - None.
22. COUNCIL COMMENTS
a. MSUC (Scott/Moore) to bring back the South Bay Pioneers conditional use
permit to the City Council.
b. Councilman Scott co~nented on the broken windows in the buses stating he
hoped it was a coincidence and that the windows are being replaced as
quickly as possible.
c. Mayor Cox and Councilmembers wished Councilman Moore a Happy Birthday and
a Happy Anniversary.
City Council Minutes - 15 - August 6, 1985
d. Councilman Moore discussed the cost of using one of the City buses for a
City bus tour noting the cost was $68. With a 30 seat capacity, he asked
that the cost be reduced to a $2.00 fee per person making it $60 even.
Assistant City Manager Asmus reported that the Council has referred the
item to staff for a policy and this will be brought back to the Council in
the near future. Councilman Moore withdrew his coP~]ents.
e. Councilman Malcolm remarked there should be a formal policy written
whereby one Councilmember can request an appeal of a decision of the
Planning Con~nission.
MSUC (Scott/Moore) for staff to bring back a policy on conditional use
permits so that all that is needed to bring it before the City Council
would be a request from one Councilmember either written or oral.
Mayor Cox stated he disagreed with the policy of having one Councilmember
bring up an appeal. It could be a controversial measure whereby one
resident may want to appeal a decision of the Planning Cummission and not
wanting to pay the fee could approach a Councilmember to do it for them.
He added he will wait for the resolution policy to come back to discuss
this further.
Council recessed to Closed Session at 6:25 p.m. The City Clerk was excused.
The City Manager reported the meeting ended at 6:50 p.m.
ADJOURNMENT AT 6:50 p.m. to the meeting scheduled for Tuesday, August 13, 1985
at 7:00 p.m.
~ENNIE M. FULASZ, CMC ~I ~
~'~City Clerk
WPG:0620C