HomeMy WebLinkAboutcc min 1988/04/26 At 6:30 p.m., the City Council met in Closed Session to discuss
Sierra Club v. Coastal Commission, Sierra Club v. Marsh, Mullis v.
City of Chula Vista, Wilkerson v. City of Chula Vista, and
Potential Litigation
MINUTES OF A COUNCIL MEETING
OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, April 26, 1988 Council Chamber
7:00 p.m. Public Services Building
ROLL CALL
MEMBERS PRESENT: Mayor Cox, Councilmembers Nader, )lalcolm,
Moore and McCandliss
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, Assistant City Manager
Asmus, Deputy City Manager Morris,
Assistant City Attorney Rudolph
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES
MOTION
MSUC (Moore/McCandliss) to approve the Minutes for the Meeting of
April 19, 1988.
2. SPECIAL ORDERS OF THE DAY
Johnnie Laughlin, Chula Vista Junior Chamber of Commerce,
introduced "Miss Chula Vista Maura Leonard" who is the 1988
representative to the Annual Del Mar Fair. Miss Leonard informned
Council of her life goals, her accomplishments which have earned
her the honor of representing the City of Chula Vista, and
expressed her desire to bring back the crown to this City as the
"Fairest of the Fair" on May 27th.
a. REPORT OF THE PORT COMMISSIONER - Dr. Robert Penner
Dr. Penner gave a brief presentation of an action relative to the
selection of the consultant, Michael Brandman Associates, for the
South San Diego Bay. The purpose of the plan is to study the
enhancement program for the natural resources located in South San
Diego Bay in preparation for future development in the South Bay.
CONSENT CALENDAR (Items 3a 21)
Pulled items: 4, 5, 6, 7, 8, 12, 13a, b, c, d, e, f, 14, 15, 17,
18, 19, 21.
MINUTES -2 April 26, 1988
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN MOORE, the
reading of the texts waived by unanimous consent, passed and
approved. (Councilman Malcolm abstained on items lOa, b, c, d,
and 11 because of his stock holdings in Great American Development
Compan; Mayor Cox abstained on item 16 since ne is a member of
the ElKs .
Lodge )
3. WRITTEN COMMUNICATIONS
a. REQUEST TO HOLD APRIL 28 JOINT COUNCIL CONFERENCE/BOARD OF
ETHICS MEETING AS ORIGINALLY SCHEDULED Donald Swanson,
Chairman, Board of Ethics
Council directed that the Board of Ethics be advised that the
April 28 Joint Meeting with the City Council be postponed due to
the inability of the Mayor to be present on that date.
4. RESOLUTION APPROVING AN AGREEMENT WITH SAN DIEGO
TRUST AND SAVINGS BANK FOR THE
INSTALLATION AND MAINTENANCE OF TRAFFIC
CONTROL FACILITIES (Community Development
Director)
Pulled from Consent Agenda.
5. REPORT ON PARKING RESTRICTION FOR FIG AVENUE
SOUTHERLY OF "H" STREET (Director of
Public Works)
Pulled from Consent Agenda.
6. REPORT ON GENERAL PLAN POLICIES (Continued from
meeting of April 19, 1988) (Director of
Planning)
Pulled from the Consent Agenda.
7. RESOLUTION ACCEPTING CONTRACT WORK, LANDSCAPING
MARINA PARK, E, H, AND J STREET ENTRIES
AND J STREET MEDIAN IN THE CITY OF CHULA
VISTA (Director of Public Works)
Pulled from Consent Agenda.
8. RESOLUTION ADOPTING A COUNCIL POLICY FOR THE
INSTALLATION OF TRAFFIC SIGNALS (Director
of Public Works)
MINUTES - 3 - April 26, 1988
9a. RESOLUTION 13531 APPROVING FINAL MAP FOR CHULA VISTA TRACT
87-12, FIELDSTONE CLASSICS, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, ACCEPTING ON BEHALF
OF THE CITY OF CHULA VISTA THE EASEMENTS
GRANTED ON SAID MAP, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT(Director of Public
Works)
b. RESOLUTION 13532 ACCEPTING CERTAIN REAL PROPERTY IN SAID
CITY FOR ONE FOOT CONTROL LOT AT THE SOUTH
END OF CREEKWOOD WAY
The final map for said subdivision, which consists of 60 single
family lots has been reviewed by the Engineering Division and
found to be in conformance with the approved tentative map.
Approval of the map constitutes acceptance of all drainage and
open space easements within the subdivision and acceptance on
behalf of the public of Coldbrook Court, Creekwood Way, Crosscreek
Road, Meadowbrook Lane, and Willowbrook Court. The developer (T)~e
Fieldstone Company) has executed a subdivision improvement
agreement and has provided bonds to guarantee construction of the
required improvements along with all necessary documents to grant
the one foot control lot identified on the map as Lot D.
lOa. RESOLUTION 13533 ACCEPTING CERTAIN OFFERS OF DEDICATION FOR
STREET PURPOSES, DEDICATING SAID STREET TO
PUBLIC USE AND OFFICIALLY NAMING SAID
STREET "EAST NAPLES STREET" (Director of
Public Works)
b. RESOLUTION 13534 ACCEPTING CERTAIN GRANTS OF EASEMENT AND
RIGHT OF WAY FOR STREET PURPOSES,
DEDICATING SAID STREET TO PUBLIC USE AND
OFFICIALLY NAMING SAID STREETS "EAST
NAPLES STREET" AND "EAST NAPLES COURT"
c. RESOLUTION 13535 ACCEPTING EASEMENTS FOR SEWER ACCESS
PURPOSES
d. RESOLUTION 13536 ACCEPTING CERTAIN EASEMENTS FOR DRAINAGE
AND ACCESS PURPOSES
On November 10, 1969, Earl and Wilma Duston and Norma Schlotte
executed irrevocable offers of dedication for street purposes for
the future extension of East Naples Street. Rancho del Sur now
proposes to connect East Naples Street to Medical Center Drive.
It is now appropriate for the City to accept these offers of
dedication to provide rights-of-way for the construction of said
connection. Similarly, grants of easements for street dedication
have been executed by the Benevolent and Protection Order of Elks
and the Sweetwater Union High School District.
MINUTES - 4 April 26, 1988
Also presented for Council approval are drainage and access
easements executed by the Benevolent and Protective Order of Elks,
Dale W. Gould, Rancho del Sur and a sewer access easement executed
by Rancho del Sur Subdivision.
ll. RESOLUTION 13537 APPROVING AGREEMENT BETWEEN THE CITY AND
RANCHO DEL SUR, A PARTNERSHIP PROVIDING
FOR A WAIVER OF FEES AND A DUTY TO DEFEND
AND AUTHORIZING THE MAYOR TO SIGN THE
AGREEMENT (City Attorney
By this agreement, Rancho Del Sur will waive any damages it may
have against the City associated with approval of its Subdivision
Maps and will also take on a limited obligation to defend the
approvals.
The City Attorney presented a written report explaining that on
June 23, 1987, the City Council approved Tentative Map No.
PCS-87-8 by a 3-2 vote with Councilmembers Cox, Moore and Malcolm
voting in favor and Councilmembers Nader and McCandliss voting
against. Since then, a question has arisen as to whether a
potential conflict of interest may affect the propriety of that
vote. There is no evidence to indicate that any partner,
employee, officer, agent or member of Rancho Del Sur has acted
improperly in connection with the vote and for that reason, staff
has continued to process the final map and recommends its
approval. By this agreement, the City will ratify its prior
approvals associated with this project and in consideration for
that ratification, Rancho Del Sur will waive any right to seek
damages if this approval is successfully challenged. In addition,
Rancho Del Sur agrees to defend against any challenge to the
approval up to the sum of $5,000.
12. RESOLUTION APPROVING REQUEST FOR AMENDMENT OF RANCHO
DEL SUR CONDITIONS OF APPROVAL (Director
of Public Works)
Pulled from the Consent Agenda.
13a. RESOLUTION WAIVING THE REQUIREMENT FOR PARK
ACQUISITION AND DEVELOPMENT FEES (PAD)
IDirector of Public Works)
b. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 - UNIT l,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
MINUTES - 5 - April 26, 1988
c. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 - UNIT 2,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
d. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 UNIT 3,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
e. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 - UNIT 4,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
f. RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT'
87-8, RANCHO DEL SUR PHASE 1 - UNIT 5,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
MINUTES - 6 - April 26, 1988
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Pulled from the Consent Agenda.
14. RESOLUTION RESCINDING RESOLUTION NO. 13437, ACCEPTING
BIDS AND AWARDING CONTRACT FOR SEWER
REHABILITATION PHASE I AND II AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, TO
INTERTEC CONSTRUCTION COMPANY AND
DIRECTING STAFF TO READVERTISE THE PROJECT
(Director of Public Works)
Pulled from Consent Agenda.
15. ORDINANCE 2264 PREZONING THE PROPOSED BONITA/SUNNYSIDE
FIRE PROTECTION ANNEXATION AREA BY
ADOPTING RELEVANT PORTIONS OF THE COUNTY
OF SAN DIEGO ZONING ORDINANCE SECOND
READING AND ADOPTION (Director of Planning)
Pulled from Consent Agenda.
16. ORDINANCE 2265 AMENDING SECTION 1.20.020, ADDING CHAPTER
9.11, AMENDING SECTIONS 9.12.010, 9.12.020
AND REPEALING SECTIONS 9.12.030 AND
9.12.040 RELATING TO GAMBLING AND
REGULATION OF OPERATION OF FRATERNAL
SOCIETY GAMEROOMS - SECOND READING AND
ADOPTION (Director of Public Safety)
This new ordinance allows Fraternal Benefit Societies, as defined
by the Revenue and Taxation Code, to obtain a license to play some
card games in their facility under very specific guidelines.
Council placed the Ordinance on First Reading at its meeting of
April 19, 1988.
17. REPORT ON HUMAN SERVICES TASK FORCE (Community
Development Director)
a. RESOLUTION APPOINTING TWELVE MEMBERS TO THE CHULA
VISTA HUMAN SERVICES TASK FORCE
b. RESOLUTION APPROVING AN AGREEMENT WITH TOM PACKARD,
D.S.W. FOR CONSULTING SERVICES TO ASSIST
THE CHULA VISTA HUMAN SERVICES TASK FORCE
Pulled from the Consent Agenda.
18. REPORT REGARDING MELLO-ROOS FINANCING FOR SCHOOLS
IN EASTLAKE PROJECT (Director of Finance)
Pulled from the Consent Agenda.
MINUTES 7 - April 26, 1988
19. REPORT ON SCOOT PROPOSALS FOR OPERATION AND
MAINTENANCE OF CHULA VISTA TRANSIT FOR THE
PERIOD JULY 1, 1988 THROUGH JUNE 30, 1991
(Director of Public Works)
Pulled from Consent Agenda.
20. REPORT ON PROPOSALS FOR HANDYTRANS OPERATIONS FOR
THE PERIOD JULY 1, 1988 THROUGH JUNE 30,
1991 (Director of Public Works)
The Transit Coordinator issued a Request for Proposals (RFP) from
firms to operate HandYtrans and sent RFP's to 24 firms; four
responsive proposals were received on April 8, 1988. The RFP
specified two operating methods, called Option A and Option B.
Option A, similar to the present HandYtrans service, carries both
ambulatory and non-ambulatory clients on wheelchair lift-equipped
vehicles; Option B has two operating components, utilizing
lift-equipped vans for non-ambulatory clients and passenger sedans
for ambulatory clients. As a result of the evaluation process,
staff recommended Council select Community Transit Services (CTS)
to operate HandYtrans for a three-year period beginning on July l,
1988 and authorize the Transit Coordinator to negotiate an
agreement with CTS for approval by Council.
21. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL {Assistant City
Attorney)
ORDINANCE ADDING CHAPTER 9.60 TO TITLE 9 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
SALE OF MOBILEHOME PARKS
Pulled from Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
22. PUBLIC HEARIHG MAJOR USE PERMIT PCC-88-23M: APPEAL OF
DENIAL BY THE PLANNING COMMISSION OF A
REQUEST TO EXPAND A MINI-WAREHOUSE
FACILITY AT 350 NAPLES STREET - INVESTORS
LTD. (Continued from meeting of April 19,
1988} (Director of Planning)
RESOLUTION DENYING PCC-88-23M TO EXPAND A
MINI-WAREHOUSE FACILITY AT 350 NAPLES
STREET
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
MINUTES - 8 - April 26, 1988
The applicant, Naples Street Investors Ltd., currently owns the
mini warehouse storage facility directly behind the proposed
project site at 340 Naples Street. The major use permit
application proposes to expand the facility by demolishing three
existing single-family dwellings to construct three two-story mini
warehouse buildings, one containing an office and caretakers
unit. The project site lies within a C-36 general commercial
zone, which permits mini warehouses upon approval of a major use
permit. Both the original facility and the proposed expansion lie
within the jurisdiction of the Montgomery Specific Plan. Based on
its findings, staff recommended denial of the major use permit
application.
Don Lindberg, 4201 Bonita Road, Attorney for the applicant,
pointed out his clients' purchase of the property in 1978 with the
intent to expand to the Naples Street frontage. At this time it
is financially advantageous to the applicant to expand, there is
no adverse impact on neighbors, no problem with parking, and Mr.
Lindberg urged Council to vote in favor of the major use permit.
Gerry Ranglas, 944 Vista del Monte Way, E1 Cajon representing
Naples Street Investors Ltd., stated the plan was in its stages
many years previous and unfortunate that it is having such a
dramatic effect at this time. Mr. Ranglas presented slides of the
building to comply with the comments of the Montgomery Planning
Committee to emphasize how it does not impact but does compliment
the surrounding area.
Councilmembers discussed the item mptomg new architectural plans
and new information have been offered since the Montgomery
Planning Committee has decided against approval.
Bill Moysner, Architect for the Project, explained the new design
has brought the roof line down 18" to make it a two story effect,
which is the only difference in the plans as presented to the
Montgomery Committee.
There being no others to speak for or against this item, the
public hearing was closed.
MOTION
MSUC(Nader/McCandliss) to refer the item back to the Montgomery
Planning Committee to reconsider the recommendations in light of
the new drawings and information presented by the applicant.
23. PUBLIC HEARING PCM-88-22M: CONSIDERATION OF ADOPTING AN
INTERIM ORDINANCE PROPOSED FOR THE
PROCESSING OF LAND USE PROPOSALS WHICH ARE
INCONSISTENT WITH PART TWO OF THE
MONTGOMERY SPECIFIC PLAN (Director of
Planning)
MINUTES - 9 April 26, 1988
INTERIM
ORDINANCE FOR THE PROCESSING OF LAND USE PROPOSALS
WHICH ARE INCONSISTENT WITH PART TWO OF
THE MONTGOMERY SPECIFIC PLAN
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Director of Planning Krempl reported the origin of the proposal on
January 12, 1988, at which time the Council adopted Parts One and
Two of the Montgomery Specific Plan, and requested recommendations
on potential interim land use regulatory measures which could be
adopted by the City Council pending implementation of the Plan.
The City Attorney's Office and the Planning Department jointly
reviewed this matter and recommended adoption of the interim
ordinance which meets the objective of Council. The proposed
interim ordinance is not a "moratorium," and does allow Council a
public hearing to review a project and decide whether or not the
Specific Plan should be modified and amended, or to remain as is
and the project not moved forward.
Director Krempl further explained the process to implement a zone
change including the fees involved; and elaborated on the
preference of some developers to proceed at their own risk to
possibly effect cost savings on materials and processing.
Lee Estep, 2257 Front, San Diego, CA, representing Castle Park
Enterprises, stated the concern of his client whose property is
presently in escrow with plans to proceed with commercial
development. Mr. Estep referred to the added burden placed on a
developer to get a specific right to build and that property now
zoned for medium density burdens are "insufferable" to the
public.
Frank D. Fernandez, 737 Third Avenue, Suite I, 92012, representing
landowner, Mercedes Castro at 321 Montgomery Street, referred to
his project submitted to Planning Commission which qualified for
12 units. After discussion with the Planning Commission the
project units were down to lO, and under this ordinance, the
number of units allowed is down to 4. The owner now feels it is
not feasible to build the project, and Mr. Fernandez stated ne
feels this action represents a "taking".
Frank Symons, 5865 Kapp Street, 92042, representing the landowner,
designer of the project confirmed the facts as stated by Mr.
Fernandez. Mr. Symons reminded Council that the area could use a
"boost" with housing, and requested some definite direction be
arrived at for the sake of all.
Patrick Barajas, 375 "J" Street, requested more public hearings on
this iterim ordinance to inform the public.
There being no others to speak for or against this item, the
public hearing was closed.
Councilman Nader agreed with the need for more public hearings to
benefit the community stating that the ability to amend the Plan
is built into the process and, that while not desiring to block
any particular project, Council's intent is to block replacing low
density neighborhoods with high density apartment neighborhoods
for the protection of the community.
Councilman Moore discussed the County zoning for units per acre,
what is being proposed and his preference that Chula Vista have an
established low and a high density, emphasizing that good plan
review and design would control the developers between now and
when the Specific Plan is completed.
Councilman Malcolm questioned the need for an emergency ordinance
at this time, which action did not receive a support in January.
Director Krempl explained that in January 1988 it was conceptual
and staff needed time to properly consider formulation in
consultation with the Attorney and others.
MOTION
MS (Malcolm/McCandliss) to refer the item back to staff for one
week and have Staff come back outlining their proposals and
correcting the Ordinance.
Councilwoman McCandliss agreed with the motion on the floor,
stating her questions had to do with equity and giving definition
to those "in the pipeline". Assistant City Attorney Rudolph
offered the possibility for staff to come up with proposals
without changing the subject ordinance by removing the "emergency"
and to introduce this ordinance for First Reading. Additional
changes can be accomplished with approval of the Second Reading
and Adoption.
Councilman Moore stated he would vote against the motion on the
floor, stating Council's commitment to pursue the Montgomery
Specific Plan.
VOTE ON THE MOTION
Motion carried. (Councilman Moore voted no)
24. PUBLIC HEARING REGARDING THE DISPOSITION OF THE 1988-89
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(Community Development Director)
Mayor Cox explained that this will be an informational public
hearing to receive input from the public concerning the requests
that have been submitted, and from this, action will be docketed
for the meeting of May 10, 1988.
This being the time and place as advertised, the public nearing
was declared open.
Director of Parks and Recreation Mollinedo invited public comment
in the Spanish language and offered his services of translating in
that language for their benefit.
Kathryn Lembo, Executive Director for South Bay Community
Services, elaborated on the services provided for the City of
Chula Vista's children from ages 5 to 19 years of age in programs
from recreation, training and employment assistant to many
assistance programs of which the anti-shoplift is the only one in
the County. Their total annual budget is $350,000. Ms. Lembo
invited Councilmembers to a private screening to the
organization's self-produced movie of Delinquency Prevention which
will be shown to all Chula Vista's schoolchildren.
Leon Cruz, Chula Vista student, explained to Councilmembers how
the South Bay Community Services helped him transform from a "gang
member" to a respectable member of his family and the classroom,
and explained his many accomplishments through the programs
offered to attain success in his schoolwork, his ability to dress
more appropriately, his self-mastery of public speaking and the
example he offers to others.
Others who spoke to urge funding of the South Bay Community
Services for the invaluable help which they offer included Linda
Piro, teacher, and Ron Rutherford, Vice Principal of Summit High
School; Carol Resurreccion, 429 Third Avenue, a volunteer worker
for the Agency; Jacqueline Ruble, 1650 Melrose, a tutor for the
Agency, stressed the positive development of the children for the
community; Ann Benedict, teacher and intervention coordinator of
Montgomery Jr. High School; Rosalba Rodriguez, 750 Medical Center
Court, member of the Board of South Bay Community Services and a
practicing physician in the South Bay, explained the role the
Center takes to shape the psychological behavior of youth in the
Community; James Pompa, 591 D Street of the Agency and member of
the Lions Club; David A. Miller, 750 Whiting Court, representing
the Community Congress of San Diego, emphasized the services
offered by the Agency as member of the coalition have the benefit
and wisdom of youth providers from all areas to bring to the City
of Chula Vista; Dr. Mary Anne Stro, 4831 Camino David, Bonita
related the "track record" of the Agency in the work of troubled
teens and parent education.
Nora Sears, 1142 Nolan Avenue, Jobs for Youth, stated her needs to
complete staffing for matching jobs to students.
Maxine Whittington, representing the South County Council on Aging
and Shared Housing spoke in support for their funding.
A1 Rodriguez, 314 Parkway, Episcopal Community Services for the
South Bay Alcohol Recovery Services, identified the need for human
care services and the cooperative efforts offered to those in need
as well as the education programs.
Diana Rivera, 1671 Albany Avenue, MAAC Project which offers a
nutrition program for the seniors of the City, asked that the City
fund ~3300 to provide additional parkin9 spaces as requested by
the County of San Diego to continue their services as well as the
waiver of building fees.
Frank Landerville, 655 4th Avenue, Regional Task Force for the
Homeless, requested $7500 second year funding to assist in the
development of a family shelter, to provide technical assistance,
to continue to staff the South Bay Homeless Project, and to
continue employment training services as well as the expansion of
the Interfaith Shelter Network. Mr. Landerville expressed his
disappointment at not being allowed to speak before the Human
Relations Commission this year. {Assistant Director of Community
Development Gustafson explained that all proposals were made
available to the Human Relations Commission, which body chose not
to consider certain proposals.)
Kay Everitt, 469 Emerson Street, requested curbs, gutters,
sidewalks and pavin9 improvements for Emerson Street. Her
previous petition was referred to staff and in September was
advised there were no City funds available. Ms. Everitt requested
the work in the 1988-89 Block improvements.
Helen Marie Stokes, 1543 Max Avenue, 92011 spoke for Meals on
Wheels whose service is growin9 rapidly.
M. Jean Serafy, 3188 Grape Street, Otay Community Clinic, which
provides care to low and moderate income people but does not allow
funds for capital improvements requested funds for repair and
upgrading of the furniture, rugs and seating in the Clinic, as
well as an adequate security system.
Glenn Allison, 3425 Fifth Avenue, 92103, Episcopal Community
Services, requested funds to rehabilitate a building for a family
shelter at 1417 Hilltop Avenue. State Emergency Funds have
already been applied for to administer the program. Mr. Allison
also referred to a proposed used of the present "7-]1" site to be
used as a Social Services Center.
Maggie Helton, Commission on Agin , Mankato Street, expressed the
Commission's concern for a just al~oc of funds.
ation
Sharon Johnson, loll Camino del Rio South, 92108, San Diego
Resident Relations Foundation, in addition to services previously
explained, discussed a video for high school students who soon may
be renters, as well as law enforcement videos dealin9 with
hotel/motel laws.
Darlene Burger, P.O. Box 3712, 92011, representing the Harvest
Ministries, requests funds for distributing commodities and
brought attention to the fact that the request is for four
agencies at this time as suggested by the Commission.
Mike Madigan, United Way Information Line Steering Committee of
the County, emphasized the comprehensive program which assists
people for help in human care services. Mr. Madigan requested
funds for the purpose of a direct telephone line for the residents
in this area and for additional staffing.
Dr. Gail Edwards, 4078 Eagle, 92103, YMCA Family Stress Center, a
child abuse prevention and treatment program, explained how the
services are being expanded.
John Holtry, 8209 Loma View Court, from the American Legion Post
434 who helps with Boy State, requested funds to have their own
building.
Frances Morales, 670 L Street, 92011 representing the Social
Security office urged Council to fund the Senior Service Center
with which her Agency works to better the life of the seniors.
Chris Chase, South Bay Family YMCA, spoke for funding of an after
school program in the Montgomery area, which was explained fully
by Alberta Hartung of the MCA. The South Bay YMCA has made an
incredible effort toward Child Care and urged a grant for the City
to work with the YMCA.
Reverend Judy Van Valkenburgh, 965 Holly Avenue, Imperial Beach,
supported funding of the Senior Service Center.
Nancy Hitchcock, 366 Moss Street, explained a proposal for Adult
Care No. 2 and the need for staffing.
George Erikson, 352 Broadway, Handyman, urged funding of the
Senior Center Service Center.
Paul L. Greene, Sr., 141 Lotus Drive, listed concerns of the
Greene family estate, requested a discussior~ for the Otay Area War
on Poverty.
Evelyn Gillespie, 4052 Main Street, Supervisor at the Woodlawn
Park Community Center, thanked Council for consideration of her
agency in the CDBG program and stated it would allow proper
staffing to serve the needs.
There being no others to speak either for or against this item,
the public hearing was closed.
Mayor Cox stated that the previous public testimony will be taken
into consideration by staff for the report at the meeting on May
lO, and expressed appreciation to all who participated.
Councilman Malcolm requested that the May lOth meeting date be
changed since he will be out of town on that day.
MOTION
MSUC (Cox/Nader) to refer to staff and continue this for the
decision of Council based on staff input to the regular meeting of
May 24 at 7 p.m.
25. ORAL COMMUNICATIONS
David L. Jordan, 1550 Port Dume, Chula Vista, requested a reply
from Councilmembers to his questionnaire regarding the drug
problems previously submitted, stating he needs the information to
balance that already received from State legislators.
Paul Greene, 141 Lotus Drive, requested that Councilmember Moore
contact him at the Municipal Court on May 25 to discuss the suit
brought by Mr. Green against the Councilmember.
Lynn Pankhurst, 171 Palomar, reported that the Board of Montgomery
City Council Inc. directed her to seek answers on the status of
the Montgomery Planning Committee. Mayor Cox reported the members
were originally elected and, as provided for in its creation,
vacancies are now filled as they are for any other board or
commission in the City and per the Maddy Act which requires public
notice for lO days. Individuals are interviewed and appointed by
the Council to a term of two years. There are presently two
vacancies on the Committee.
Donald Swanson, as Chairman of the Board of Ethics, commended each
Councilmember for their frankness and actions on behalf of the
City. Mr. Swanson questioned the proposed date for a joint
meeting of Council and the Board which date will be scheduled
sometime in July.
PULLED ITEMS
4. RESOLUTION 13538 APPROVING AN AGREEMENT WITH SAN DIEGO
TRUST AND SAVINGS BANK FOR THE
INSTALLATION AND MAINTENANCE gF TRAFF1C
CONTROL FACILITIES (Community Development
Director)
Community Development Director Desrochers reported on a recent
meeting with the residents of the area who are not supportive of
the staff recommendation, and summarized the requests of the
residents and the terms of the agreement. Staff recommended
approval of the Resolution which (1) places certain traffic
control measures upon the bank; (2) establishes fines for
non-compliance by the bank; (3) provides for additional control
measures if traffic volumes exceed a certain level; (4) continues
bank parking lot access to Fig Avenue; and (5) in effect sets the
location of a permanent street barrier at Fig Avenue, north of
Shasta Street.
MINUTES - 15 April 26, 1988
Deputy Director of Public Works/City Engineer Garibay reported on
the placement of the counters on the subject roads resulting in a
traffic capacity of 5,000 trips each day. (The County estimated
the same capacity to be 7,100.) The recommendation, if adopted,
states that counts would be taken twice a year.
Councilmembers questioned staff on several points: the fact that
traffic is always increasing, the by-pass road planned to connect
H to I street which would attract trips as opposed to increasing
traffic, the valid concern of the residents from their standpoint,
the research accomplished by San Diego Trust and Savings Bank
("The Bank") staff which revealed a detrimental effect on the
business of the Bank to open the wall to the proposed shopping
center, and that there is no proposal to date with which the
residents would be in agreement.
Pat Rosenbaum, 530 Broadway, Attorney for The Bank, reported the
reasons the entrance to the shopping center would be detrimental
to successful banking as reported in a letter to Council, stating
The Bank has demonstrated in many ways to be a good neighbor and
Council was urged to support this resolution and agreement.
Gary Br ant 444 H Street, Manager of The Bank, spoke in favor and
stated ~is belief it offers a solution to the problem at hand and
the original intent, Mr. Bruant presented Council with a petition
circulated in The Bank in mid-December 1987 on which 362
signatures were obtained, and of which 259 were residents of Chula
Vista, requesting the barricade remain in its present location.
Dan Mason, 242 Third Avenue, Chula Vista, representing the Chamber
of Commerce as President, reported that interests of businesses
and the community must coincide and now feel that The Bank has
more than willingly conceded on issues that affect their business
in fairness to the community and the residents.
Residents of the area in question who spoke in opposition to the
resolution and agreement, all of whom thanked both staff and
Council for the many hours spent on a search for a solution,
follow:
Ed Brodie, 543 Fig Avenue, challenged the City's traffic
counts and in answer to Councilman Malcolm's question, answered
for the residents and agreed to the possibility of a trial period
wherein a temporary barrier would be placed in the location where
a permanent barrier is proposed, the effects of which would be
evaluated after a set period;
John K. Relph, 583 Fig Avenue, reported comparisons on the
traffic counts with those of the City and questioned why Fig and
Shasta access is needed when the proposed "ring road" will have
access to H and I Avenues;
MINUTES 16 April 26, 1988
John Scrimiger, 1450 W. Shasta Street, representing the Fig
Avenue Closing Committee, reported that traffic has increased from
400 to 600 cars per day, contrary to the statement in the EIR to
"become a quiet neighborhood;" and questioned why Shasta Street
traffic is not a central issue and that as a homeowner there is no
opportunity for an inverse condemnation suit, both of which
concerns "are not fair."
Councilman Malcolm stated no support for staff's position and
that, as promised to the residents by Council and as stated in the
EIR, Council has an obligation to close the street.
Councilman Nader stated his feelings that, although staff and the
Bank have negotiated in good faith, the interest of residents come
first and that the burden is on The Bank to come up with an
alternative which has not happened. He feels morally compelled to
go along with the commitment already made to the residents, but is
willing to consider a plan to install a temporary barrier as
stated.
Councilwoman McCandliss presented two alternatives: (1) to
continue the temporary barrier but to monitor on a more than twice
per year basis and to place the counting mechanism as agreed Dy
the residents and the City, or (2) to give the alternative
alignment a trial.
Mayor Cox stated action should be taken on exhibit C which
addresses the need for access from H, the cul-de-sac and the
access to San Diego Gas & Electric (SDGE) on a trial basis.
MOTION
MSC ICox/Moore) to offer the resolution and to accept what has
been offered as Exhibit C for the barricade at Fig Avenue.
ADDITION TO THE MOTION
MS (Moore/Cox) to include the Agreement with an amendment that
item 14 be reduced from 1400 to 1200.
ADDITION TO THE MOTION
MS (Malcolm/Moore) go include a portion that would require Homart
Development to design the parking lot for the possibility that
landscaping with minor modification would provide access.
SUBSTITUTE AMENDMENT
MSUC {McCandliss/Nader) to substitute the 1,310 to a count of
1,000 on paragraph 14 as a gesture of good will to the residents.
Councilman Nader commented although he will not vote for the
main motion but the substitute amendment improves the main
motion.
MINUTES - 17 April 26, 1988
MOTION
MSC rMcCandliss/Nader) paragraph 14 be amended to have for the
next couple of years, that the testing be four times per year, and
thereafter revert to every six months. (Councilman Moore voted no)
VOTE ON THE MAIN MOTION WITH ADDITIONS
Motion carried. (Councilmen Nader and Malcolm voted no)
5. REPORT ON PARKING RESTRICTION FOR FIG AVENUE
SOUTHERLY OF "H" STREET (Director of
Public Works)
Deputy Director of Public Works/City Engineer Garibay reported
that staff recommends Council affirm its action of January 5, 1988
and prohibit parking on Fig Avenue from "H" Street to 50 feet
south on the west side.
Gary Bryant, Manager of San Diego Trust and Savings Bank, spoke in
opposition and proposed that staff's alternative recommendation be
accepted to widen the street on the west side with the cost split
between the bank and the City.
MOTION
~[SITC"(Cox/Malcolm) to refer the item back to staff to pursue the
suggestion of Mr. Bryant, Manager of San Diego Trust & Savings
Bank, to widen the street by three feet on the west side to
accommodate limited time parking with the funding split between
the City and the Bank.
MOTION
MSUC (McCandliss/Nader) to direct staff to work with Homart
Development to insure a parking lot configuration at this end of
the parking lot to allow, at a later time, the openin~ of a
driveway into the Bank.
At 12:00 p.m., Councilman Malcolm left the dais and the meeting.
6. REPORT ON GENERAL PLAN POLICIES (Continued from
meeting of April 19, 1988) (Director of
Planning)
Director of Planning Krempl reported this item is part of an
ongoing discussion for the formulation of a draft General Plan and
policies. Staff prepared a summary of developer comments and a
side by side comparison on each item with a staff response
incorporating a number of proposals made at previous meetings.
The issues have been focused to a considerable extent and now are
concerned with the definition of open space on the allowed usage
and intensity of development within the open space designated
lands. The proposal by Bonita Meadows' proponents is not
consistent with the Sensitive Lands Initiative.
MINUTES 18 April 26, 1988
Wayne Loftus, Ladera Associates, 6680 Convoy Court, reported the
general statement and belief of Unocal Investment that when
expectations are so high, there has to be recognition of adjusting
policies or land use densities.
Claudia Troisi, representing the Baldwin Company, stated agreement
with what is being shown in the text but has concerns about the
density transfer. Baldwin concurs with treatment of parks,
schools and the circulation element. The neighborhood parks as
well as regional parks are included in the density transfer
cate9ory but community parks, junior high and high schools are
not. This amendment should be offered to all developers and
provided in all communities. It was requested that property
owners be encouraged to do creative planning and the density
transfer policy would not allow this. "We feel that what is being
proposed is something that can be worked with but request
flexibility."
Councilwoman McCandliss questioned the incentives provided for
private schools and why elementary schools are treated
differently. Dr. Jun Onaka, Projects Director of P& D Technology,
commented that elementary schools and day care centers are smaller
and identified in the site plans, while the junior and hi9h
schools are larger schools that greatly impact the areas. Mr.
Onaka agreed that private high schools requiring large amounts of
land should be questioned relative to permitting 100%. The
density transfer of 100% is established for universities to
encourage their location in this area.
Bob Santos, 900 Lane Avenue, Chula Vista, representing EastLake
Development, commented on his submitted policy changes, several of
which were agreed to, and reported that the EastLake Company is
generally in agreement with staff policy but ask for flexibility.
Charles Gill, 600 B. Street, Attorney representing the Buie
Company as developer of Bonita Meadows, requested the ability to
encroach into areas in excess of 25% slope when it is appropriate
and suggested there are creative solutions to specific problems.
Tony Lettieri, 533 F Street, (~209), San Diego, 92101, presented a
model of Bonita Meadows to illustrate the constraints on the site
which preclude development under present proposed policy. In
conclusion, a request was made for the opportunity to present a
product to Council at some future date realizing that criteria
must be maintained.
Stanley B. Waid, 5617 Galloping Way, Bonita, CA 92002,
representing the Bonita Highlands Homeowners, stated concerns and
asked Council to give tacit approval to the Buie Corporation so
allow the subdivision above the 25% slope.
MINUTES - 19 April 26, 1988
Tim Kruer, 2643 Fourth Avenue of SUNBOW, received staff's
confirmation that the 25% slopes falls under under policy 2.5 in
guidelines.
Councilmembers questioned designated open space areas; the density
transfers which demand flexibility when dealing with something
required under existing zoning laws; the responses from the
3/24/88 Council; the need of the General Plan to give direction to
property owners and also have flexibility.
MOTION
M"S~C~"~'~cCandliss:/Nader) to amend Exhibit 2 under Schools to allow
under High Schools, Junior High Schools, Elementary Schools,
Private Schools and Day Care Centers within the 0 to lO0 band
(Councilman Malcolm out).
MOTION
MS (McCandliss/Cox) to approve in concept the General Plan
Policies and to send to the Planning Commission for evaluation and
to also send the wording on the 4.4 and 4.4.l through 4.4.5 as
proposed by the Buie Corporation in their letter.
AMENDMENT TO THE MOTION
M IMoore) to include in the motion to refer the above to both
staff and the Planning Commission.
AMENDMENT TO THE MOTION
M (Nader) to include in the 0 to 100% potential transfer density
for community parks.
SUBSTITUTE MOTION
MSC (McCandliss/Nader) to approve in concept the General Plan
Policies and to send to the Planning Commission and staff to have
them evaluate them and to also include the letter from the Buie
Corporation for consideration and the question of the density
transfer for community parks (Councilman Malcolm out).
7. RESOLUTION ACCEPTING CONTRACT WORK, LANDSCAPING
MARINA PARK, E, H, AND J STREET ENTRIES
AND J STREET MEDIAN IN THE CITY OF CHULA
VISTA (Director of Public Works)
Roca Construction, Inc. completed the landscaping; a final
inspection was made on March 25 and all work was found to be
completed in accordance with the contract plans and
specifications. The City Engineer, the Director of Planning and
the Director of Parks and Recreation are satisfied with the work
performed by the contractor.
MINUTES - 20 April 26, 1988
After construction commenced on the H Street median island, it was
learned that a source of water did not exist westerly of the
M.T.D.B. trolley tracks. It was determined that the water line
that had served this island had been severed at the time the new
MTDB trackage was installed. The estimated cost of extending a
water service through the M.T.D.B. right-of-way, under the tracks
is about $3,000. Staff is currently investigating alternatives
available to secure a water supply that would not require
extending a line through MTDB right-of-way.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved. {Councilman
Malcolm out)
MOTION
MSC ~ox/Nader) to refer the question of what could be done to
clear up the appearance and provide a more finished look of the
median island and request staff to report back to Council.
(Councilman Malcolm out)
Assistant City Attorney Rudolph advised delaying action until
satisfaction is reached.
MOTION
MSC (Moore/Cox) to reconsider the acceptance of item 7.
(Councilman Malcolm out
MOTION
MSC ~ox/Nader)to continue this item and ask staff to come back
with a report concerning whether there is appropriate finish work
on the grooves in the landscaped medians. (Councilman ~alcolm out)
8. RESOLUTION ADOPTING A COUNCIL POLICY FOR THE
INSTALLATION OF TRAFFIC SIGNALS (Director
of Public Works}
For a number of years the City has been informally using CalTrans
warrants for the installation of traffic signals. CalTrans has
recently added three new warrants which staff believes should be
formally adopted as City policy by the City Council. The use of
warrants limits traffic signal installation to those intersections
which really need that installation to provide for the public
safety and convenience. The staff's recommendation was to adopt
the traffic signal warrants as a policy for installation of
traffic signals.
MOTION
MSC (McCandliss/Nader) to continue for one week for a more
adequate staff report prepared explaining the additional warrants
and what they mean (Councilman Malcolm out).
MINUTES - 2 1 - Apri 1 26, 1988
12. RESOLUTION 13539 APPROVING REQUEST FOR AMENDMENT OF RANCHO
DEL SUR CONDITIONS OF APPROVAL (Director
of Public Works)
On June 23, 1987 Council approved the Tentative Subdivision Map
for Rancho del Sur and conditions of approval were added or
modified by Council at that time, one of which involved a traffic
signal at the southbound off-ramp of 1-805. During discussions
with the developer and representatives of the California
Department of Transportation (CalTrans), it has been determined
that the signal cannot be complied with in the manner required
under the added condition and an amendment is requested to allow
them to proceed in a reasonable manner.
CalTrans would require that the installation of traffic signals be
done as part of a larger project to avoid construction of an
"incremental" project, which could also be eligible for funding by
the state when funds become available and determined at a later
time. Because of the disparity under Section 66462.5 of the
Subdivision Map Act, staff recommended Condition 31 be amended to
require that a cash deposit of $70,000 be made prior to approval
of the Final Map for Unit 1 of Rancho del Sur.
Councilman Moore questioned the delay caused by unforeseen
problems of the traffic signal installation at the Route 805
intersection.
MSC IMoore/Nader) that a letter over the Mayor's signature be hand
delivered with an appropriate appointment with someone at CALTRANS
to expedite the traffic signal installation so that things can
progress on the City's schedule. (Councilman Malcolm out)
RESOLUTION OFFERED BY COUNCILMAN MOORE, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Malcolm noted his abstention earlier in the evening because of ~is
stock holdings in Great American Development Company.)
13a. RESOLUTION 13540 WAIVING THE REQUIREMENT FOR PARK
ACQUISITION AND DEVELOPMENT FEES (PAD)
(Director of Public Works)
b. RESOLUTION 13541 APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 - UNIT l,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
MINUTES 22 April 26, 1988
c. RESOLUTION 13542 APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 UNIT 2,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
d. RESOLUTION 13543 APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 UNIT 3,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
e. RESOLUTION 13544 APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 UNIT 4,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
f. RESOLUTION 13545 APPROVING FINAL MAP OF CHULA VISTA TRACT
87-8, RANCHO DEL SUR PHASE 1 UNIT 5,
ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS AND OPEN SPACE DEDICATED ON
SAID MAP, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE EASEMENTS GRANTED ON
SAID MAP WITHIN SAID SUBDIVISION AND
ACCEPTING ALL ABUTTERS' RIGHTS OF ACCESS
AS RELINQUISHED ON SAID MAP, APPROVING
SUBDIVISION AGREEMENT FOR THE COMPLETION
OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
MINUTES - 23- April 26, 1988
The developer has executed subdivision improvement agreements and
has provided bonds to guarantee construction of the required
improvements. One of the conditions of approval of the Tentative
Map was that the developer dedicate and construct a 3.8 acre park
with various improvements, and the waiver of any and all park fees
be subject to Council approval. If Council determines they do not
wish to waive the PAD fees, staff recommends that the Resolutions
be modified to conditionally approve the final maps subject to
payment of PAD fees.
Director of Parks and Recreation Mollinedo answered Councilwoman
McCandliss' question by reporting that the new Community Park has
already been advertised with a Parks and Recreation brochure with
an anticipated date for opening. Once the park is opened, the
tennis courts will be offered as part of the municipal system and
a formal dedication will be established.
RESOLUTIONS a, b, c, d, e, and f OFFERED BY COUNCILWOMAN
McCANDLISS, the reading of the texts was waived by unanimous
consent, passed and approved. (Councilman Malcolm abstainea
because of his stock holdings in Great American Development
Company.)
14. RESOLUTION RESCINDING RESOLUTION NO. 13437, ACCEPTING
BIDS AND AWARDING CONTRACT FOR SEWER
REHABILITATION PHASE I AND II AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, TO
INTERTEC CONSTRUCTION COMPANY AND
DIRECTING STAFF TO READVERTISE THE PROJECT
(Director of Public Works)
On January 26, 1988 Council accepted bids and awarded a contract
for sewer rehabilitation to Intertec Construction Co., which
company was unable to provide the required performance bond and
consequently, unable to complete the contract documents. The
other bidder's bids expired and the City is legally precluded from
awarding the second low bidder, necessitating readvertising of the
project.
Robert C. Diment, 1005 Broadway, E1 Cajon, representing Diment's
Backhoe Service and the second lowest bidder on this project
reported his reasons why the project should be awarded to his
firm. Mr. Diment stated that if the City acted in a timely
fashion according to the specifications, when the lowest bidder
did not come up with the bond within the ten days, the bid should
have been annulled and appropriately been awarded to Diment's
Backhoe Service, Mr. Diment assured Council he could procure the
required bond within ten days.
City Attorney Rudolph reported that events would have happened as
reported by Mr. Diment except that staff went beyond the sixty
days established as the life of the bid.
MINUTES - 24- April 26, 1988
MOTION
MSC (Nader/Moore) to refer to staff to get together with the City
Attorney, Mr. Diment, the Public Works Director and whoever else
is appropriate and to come back to Council with a report on May
3. (Councilwoman McCandliss out; Councilman Malcolm out)
15. ORDINANCE 2264 PREZONING THE 'PROPOSED BONITA/SUNNYSIDE
FIRE PROTECTION ANNEXATION AREA BY
ADOPTING RELEVANT PORTIONS OF THE COUNTY
OF SAN DIEGO ZONING ORDINANCE SECOND
READING AND ADOPTION (Director of Planning)
The proposed ordinance would prezone the lands constituent to the
proposed Bonita-Sunnyside Annexation to their existing zoning
classifications in the County. By operation of the proposed
ordinance, the lands so prezoned would retain their County zoning
upon annexation. The proposal is exempt from environmental
review; the Bonita-Sunnyside Annexation is now proposed for
inclusion on the November 1988 ballot and the readoption of the
proposed prezoning ordinance is recommended. The County's Animal
Regulations are a part of the County Zoning Ordinance and thus
would be carried over as with the adoption of this ordinance.
This carry over should resolve any concerns of the residents of
Bonita-Sunnyside regarding the imposition of City animal
regulations to the area.
ORDINANCE OFFERED BY MAYOR COX, the reading of the text was waived
by unanimous consent, passed and approved. {Councilwoman
McCandliss voted no; Councilman Malcolm out)
17. REPORT ON HUMAN SERVICES TASK FORCE (Community
Development Director)
a. RESOLUTION 13546 APPOINTING TWELVE MEMBERS TO THE CHULA
VISTA HUMAN SERVICES TASK FORCE
b. RESOLUTION 13547 APPROVING AN AGREEMENT WITH TOM PACKARD,
D.S.W. FOR CONSULTING SERVICES TO ASSIST
THE CHULA VISTA HUMAN SERVICES TASK FORCE
A primary recommendation of the Social Services Plan for the City
of Chula Vista is the establishment of a Chula Vista Human
Services Task Force. With Council approval of the Plan on January
12, 1988, an ad hoc committee was directed to develop a list of
recommended Task Force members and directed to recruit a
consultant to assist in the establishment of the Task Force.
Staff recommended Council accept the report and the resolutions.
MINUTES - 25 April 26, 1988
Community Development Director Desrochers summarized the purpose
of the Human Task Force as (1) a sharing of social service
resources amongst social service providers, (2) the enhanced
networking of the social service client organizations and referral
process, (3) the ongoing identification and assessment of needs in
the community, (4) the identification of funding sources for
programs addressing social services needs, and (5) the development
of regular dialogue between the Task Force and relevant public
agencies and boards.
MOTION
MSC (McCandliss/Nader) to accept the staff recommendation
(Councilman Malcolm out).
RESOLUTIONS a and b OFFERED BY MAYOR COX, the reading of the text
was waived by unanimous consent, passed and approved. (Councilman
Malcolm out)
18. REPORT REGARDING MELLO-ROOS FINANCING FOR SCHOOLS
IN EASTLAKE PROJECT (Director of Finance)
At 8:43 p.m., Councilman Malcolm requested that the number of
puled e Consent Agenda because of the concern in the staff
recommendation for a letter to the School District encouraging
them to establish a procedure by which they could pay off the
obligation. The people present would like the word "equitable"
inserted and, since this item will not be discussed until at least
ll:O0 p.m., Councilman Malcolm suggested Council now agree so the
people could go home.
Mayor Cox informed all that a letter from John Linn, Business
Superintendent of the Elementary School District, indicated an
item on their May 3 Board Meeting Agenda for prepayment of special
taxes for the Facilities District No. 1 (EastLake) and also for
No. 2 (Bonita Long Canyon), which will be under consideration.
MOTION
P[S'D'C'C~alcolm/McCandliss) to continue the item to the Meeting of
May 3 at a time certain of 6:00 p.m.
Councilman Nader requested that, after action is taken at the May
3rd meeting, a previously prepared letter be promptly hand
delivered to the Elementary School Board Meeting.
For the record, Councilman Nader requested the placement on the
Agenda for May 3, under Council Comments relative to the creation
of future Mello-Roos Assessment Districts in new developments.
At 8:35 p.m., Council recessed and reconvened at 8:45 p.m.
MINUTES 25 - April 26, 1988
19. REPORT ON SCOOT PROPOSALS FOR OPERATION AND
MAINTENANCE OF CHULA VISTA TRANSIT FOR THE
PERIOD JULY l, 1988 THROUGH JUNE 30, 1991
(Director of Public Works)
Four responsive proposals were received from the 25 firms who were
mailed the Request for Proposals (RFP), which were evaluated on a
qualitative score and cost. Community Transit Services (CTS) had
a qualitative score of 44 out of 50 points, the highest of the
four proposers, followed by American Transit Corp. (ATC) with 41
points, San Diego Transit (SDT) with 34 points, and Laidlaw with
22 points. Staff recommended Council recommend to SCOOT Board
approval of the second lowest bidder, American Transit Corp. to
operate Chula Vista Transit for a three (3) year period, beginning
on July l, 1988; and to authorize the Transit Coordinator to
negotiate an agreement with ATC for approval by SCOOT Board.
Jim Wagner of American Transit Corporation, Santa Rosa, CA 95401,
detailed the experienced personnel benefits the Corporation
possesses in management, safety and maintenance fields and the
employment benefits that will be offered to the employees, 80% of
which will be full time. Mr. Wagner urged Council to accept the
staff recommendation.
Roger Snoble, San Diego Transit, explained that although his firm
is operating with federal money, San Diego Transit is allowed to
be competitive and presents a fully allocated cost proposal, an
established reputation to operate the service within
specifications. The proposed on-site full time supervisor has
many years experience with the UCSD operating 18 buses on a fixed
route; maintenance of the buses can be accomplished above
specifications by their good quality, factory trained mechanics,
and there are no other above-cost demands as the San Diego Transit
is a non-profit corporation.
Robert J. Wilson, 455 62nd Street, Newport Beach, representing
Community Transit Services, Inc., reported justification of his
bid as the submittal with the highest cost, which were stated to
be fully costed to service vehicles over three years, employee
management, supervision and training. Mr. Wilson urged Council,
in the deliberation of accepting the low bid, that they feel
assured the low bid provides the City with the high quality sought
for the demands of the City.
To answer Councilwoman McCandliss' concern of provider continuity,
Transit Coordinator Gustafson reported that the subject contract
contains an option for two additional years after a three year
term.
MINUTES 27- April 26, 1988
Mayor Cox questioned facts in the proposal of San Diego Transit, a
more locally based operation, and Transit Coordinator Gustafson
gave some history of past experiences with management of the
system and confirmed there is no doubt of the qualifications of
the maintenance manager of the San Diego Transit, it was staff's
belief that for a fleet of 19 vehicles (upon which the authority
was based) and over 600,000 revenue miles, it is "prudent" to have
a full time manager on-site.
MOTION
MSC McCandliss/Nader) to support the recommendation of staff.
(Mayor Cox vote no; Councilman Malcolm out)
21. REPORT STATE MOBILEHOME RESIDENCY LAW AND THE
RIGHT OF FIRST REFUSAL (Assistant City
Attorney)
ORDINANCE ADDING CHAPTER 9.60 TO TITLE 9 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
SALE OF MOBILEHOME PARKS
On November 17, 1987, this office submitted a report recommending
delay ' action by the City with regard to a local ordinance
givingl~o~e park residents a right of first refusal for the
home
sale of the mobilehome park within which they reside, due to the
uncertain state of the law. Notwithstanding that report, Council
directed this office to return with an ordinance to accomplish
that result, following review by the Mobilehome Issues Committee
and comments from Mary Frances Click. This report further
discussed the legal ramifications involved in the proposal,
presents input from Mrs. Click and the Committee which voted 8-1
at its April 14, 1988 meeting to recommend the City Council not
approve the ordinance because of its unconstitutionality. Staff
recommended that Council not place the ordinance on first reading;
the ordinance is presented to be placed on first reading if it
meets with Council approval.
Elena Maldonado-Hanson, 100 Woodlawn Avenue, Chula Vista, 92010,
representing Bayscene Mobilehome Park, stated this ordinance would
take away the people's rights of free enterprise. Ms.
Maldonado-Hanson asked the question, "Should every multiple
dwelling owner give his tenants a right of first refusal?" and
urged Council to allow residents to negotiate with the owners if
they want to buy and don't force the owners to sell to any one
group in particular.
Councilmembers discussed the intent of the proposed ordinance and
the fact that it is not uncommon to have first refusal clauses.
Mary Frances Click, llO0 Industrial Boulevard, 92011, referred to
the existing State law that outlines the procedures to follow when
a mobilehome park is for sale. The owners must have a Homeowners
Association in place, with officers, be a non profit organization,
and to have told the park owner they are interested in a purchase
whenever the park is for sale and the offer renewed each year.
The deficit in the State law is that one must wait until the park
owner lists the park for sale. In the City Attorney's proposed
ordinance, the Association would first be told of the fact of sale
and the amount of the money involved and have 45 days in which to
follow through. Mrs. Click stated the right to purchase is
provided in the condominium conversion provisions of the State
Map Act; ar9uments exist pro and con but the ability exists to
stop the loop holes in Municipal Code Section 9.60.020.
Before leaving the dais at 12:00 p.m., Councilman Malcolm left a
copy of a letter prepared by the City Attorney of the City of San
Diego stating that Attorney's belief it is legitimate to offer the
First Right of Refusal and, if within the City's police powers,
Council Malcolm strongly urged Councilmembers to vote for the item.
MOTION
MSC (Nader/McCandliss) to trail this item for several reasons, to
the next meeting. (Councilman Moore voted no)
26. REPORT OF THE CITY MANAGER
a. Scheduling Council meetings - Nation's Cities Weekly reported
that the Federal Government may now tax the interest on State
and local bonds; and the ICM Newsletter reported that among
the top ten public safety reports was the Chula Vista Public
Safety Patrol Study, and the only report prepared by a staff.
27. MAYOR'S REPORT - A letter was received from the San Diego
Yacht Club advising that America's Cup will be available for
a full day of public display, which letter is referred to
City Manager Goss to forward to the appropriate person.
28. COUNCIL COMMENTS
COUNCILMAN MALCOLM:
a. AB 4429 (Ferguson) State Housing Assistance: Rent Control
Before leaving the meeting at 12:00 p.m., Councilman Malcolm noted
that AB Bill 4429 had been "killed".
COUNCILMAN MOORE:
b. Threshhold procedures for potential distribution
MSC (Moore/Nader) to take the meat of the Thresholds Standards and
how Council arrived at that decision, and send copies to the Mayor
and City Manager of each city within the County of San Diego.
(Councilman Malcolm out)
Mayor Cox commented that there has been much interest in this
item, and (1) it would be appropriate for staff to prepare a
report to provide as an informational item to San Diego
Association of Governments {SANDAG); and (2) the manner in
which Council came up with it since it was a very positive
experience for the community where major property owners and
developers sat down and met with citizens groups that had
concerns with growth in the City, and (3) is the type of
thing that could attract statewide recognition for the City
of Chula Vista. Staff might put something together, also,
for the League of California Cities Conference.
COUNCILWOMAN McCANDLISS:
c. Mullis claim against the City - Nothing to report.
COUNCILWOMAN NADER:
d. Mr. and Mrs. Claycomb of Orange Tree Mobilehome Estates
presented a letter stating there is a prospective buyer for a
space and asks assurance that the appraisal process does not
deprive him of his buyer.
ADJOURNMENT AT 2:50 a.m. to the Regular Meeting of City Council on
May 3, 1988 at 4 p.m.
Jennie M. Fulasz, CMC
CITY CLERK
~Fortune, CMC
DEPUTY CITY CLERK
1212C