HomeMy WebLinkAboutcc min 1989/06/20Tuesday, June 20, 1989 Council Chamber
7:03 p.m. ~ Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers Nader, McCandliss,
Malcolm and Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager
Asmus, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
Mayor Cox announced that George Lee, a retired employee and former
Fire Chief of the City of Chula Vista, had passed away on June 19,
in memory of whom the flag is flying at half mast.
1. APPROVAL OF MINUTES
MOTION
MSC (McCandliss/Nader) to approve the Minutes for the Budget
Sessions of June 7 and 8, 1989. (Councilman Malcolm abstained on
the vote for the Minutes of June 8 because of absence.)
2. SPECIAL ORDERS OF THE DAY
a. SUMMER CONCERT SERIES Concerts will be held in the Memorial
Bowl from June A.g.st 6, after which date the
concerts will be s d at Friendship Park behind the
Library. Director Don Read of the Chamber of Commerce has
cooperated with the Parks and Recreation Department to present
the Series for the citizens of Chula Vista.
CONSENT CALENDAR (Items 3a - 23)
Pulled Items: 3d, 19, 20, and 22.
MAYOR COX OFFERED THE BALANCE OF THE CONSENT CALENDAR which was
read by titles, the reading of the texts waived by unanimous
consent and approved unanimously.
3. WRITTEN COMMUNICATIONS
a. URGING OPPOSITION TO SECTION 89 OF THE TAX REFORM ACT OF 1986
Mayor Mary Herron, City of Coronado, 1825 Strand Way,
Coronado 92118
This request seeks support in askin9 federal legislators to
introduce legislation that would address the adverse effects of
Section 89 11986 Tax Reform Act); Council referred this to the
City of Chula Vista Legislative Committee with direction to
prepare a legislative analysis of SBl129 and to brin9 back a
report to Council.
b. URGING PARTICIPATION IN VECTOR CONTROL SERVICES Brian /~
Bilbray, Board of Supervisors, 1600 Pacific Highway, Rm. 335,
San Diego 92010-2411
Council directed this item be placed on the agenda for Tuesday,
July 11, 1989.
c. REQUEST FOR PARKING MODIFICATION AT THE CHULA VISTA PUBLIC
LIBRARY - Hugh Christensen, 376 Center St., #350, Chula Vista
92010
Council directed that Mr. Christensen be informed as to what has
been done about the parking situation.
d. PETITION PROTESTING PLANS FOR "GREEN BELT PROJECT" IN SDG&E
EASEMENT 4 Mobilehomes
Pulled from the Consent Calendar.
4. RESOLUTION 14137 APPROVING COMPUTER FACILITIES MANAGEMENT
CONTRACT WITH EDP MANAGEMENT, INC. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Deputy City Manager)
The City has contracted with EDP Management, Inc. since 1975 for
the supervision and operation of the City's computer center. The
current one-year contract with EDP Management expires on June 30,
1989. Since the firm's performance under the contract has been
very satisfactory, a new one-year agreement has been negotiated
with EDP Management to be come effective July 1, 1989. The FY
f h contract ,
1989-90 cost o t e for basic services would be $71,421
funding for which is included in the City Manager's Proposed
Budget. Approval of this contract would have an impact on the FY
1990-91 budget if the Data Processing revenue earned during FY
1989-90 exceeds $100,000 and thus results in an incentive payment
to be made in July of 1990.
5. RESOLUTION 14138 APPROVING LEASE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND WOODLAWN PARK CIVIC
LEAGUE, INC. FOR USE OF COMMERCIAL OFFICE
SPACE FOR THE WOODLAWN PARK LIBRARY, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Library Director)
In December 1988, Council accepted responsibility as successor
agency to operate two San Diego County branch libraries in the
Montgomery annexed area. The Woodlawn Park Library has been
located at 115 Spruce Road for many years. Council directed the
branch library continue to operate at this location and enter into
a commercial lease with the Woodlawn Park Civic League, Inc., for
commercial office space. There are sufficient funds to cover the
negotiated lease amount of $2,364.
6. RESOLUTION 14139 APPROVING LEASE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND JOSEPH G. & YVONNE T.
QUIN FOR USE OF COMMERCIAL OFFICE SPACE
FOR THE CASTLE PARK/OTAY BRANCH LIBRARY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT CASTLE PARK/OTAY BRANCH LIBRARY,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ILibrary Director)
In December 1988, Council accepted responsibility as successor
agency to operate two San Diego County branch libraries in the
Montgomery annexed area. The Castle Park/Otay Library has been
located at 1592 Third Avenue since 1974. Council directed the
branch library continue to operate at this location and enter into
a commercial lease with Joseph G. and Yvonne T. Quin for
commercial office space. There are sufficient funds to cover the
negotiated lease amount of $20,400.
7. RESOLUTION 14140 APPROVING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND SAN DIEGO FIREWORKS, INC.
AND AUTHORIZING INDEMNIFICATION AGREEMENT
WITH ROHR INDUSTRIES FOR FIREWORKS DISPLAY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director of Parks & Recreation)
Planning is being finalized for the annual Fourth of July
Fireworks Display to be held in the Chula Vista Bayfront. $20,000
has been budgeted in the non-departmental account for this year's
fireworks display. Council directed the contract be executed with
San Diego Fireworks, Inc. and an Indemnification Agreement with
Rohr Industries be entered into for the use of their parking
facilities.
8. RESOLUTION DELETED FROM AGENDA
9. RESOLUTION 14141 ACCEPTING BIDS AND AWARDING CONTRACT FOR
SCREENING {STONE CHIPS) {Director of
Finance)
Bids were received and opened for furnishing screening (stone
chi ) to the City for the period July 1 through December 31, 1989
to ~ for the street chip sealing program. Council awarded
used
the contract to low bidder, Sim J. Harris Co in the amount of
$30,895.00.
10. RESOLUTION 14142 EXTENDING CONTRACT FOR THE CITY'S ANNUAL
REQUIREMENT OF LIBRARY BOOKS (Director of
Finance)
The contract contains an option to renew for additional one year
periods through June 30, 1991. San Diego and Chula Vista receive
the largest discount off of published book prices in San Diego
County and the recommendation for renewal is based on the large
discount, integrity of Baker & Taylor in fully applying these
discounts, and the fact that Baker & Taylor have been reliable,
prompt and responsive.
11. RESOLUTION 14143 ACCEPTING BIDS & AWARDING CONTRACT FOR
ASPHALTtC CONCRETE {Director of Finance)
The asphaltic concrete is to be used by the City during the period
Jul 1, 1989 through December 31, 1989. The bid specifications
cal~ed for pick up of the material at the vendor's plant; the job
site could be prepared while trucks were on route to pick up ot
material and application made on their return. Council awarded
the contract to S. J. Harris Company, number two bidder, in the
amount of $90,975.00. Gulf Oil Company, low Bidder at $82,750 is
located 3 miles north of Lakeside off Highway 67 {or 63 miles
round trip) while the Sim J. Harris Company is 29 miles closer.
12. RESOLUTION 14144 ACCEPTING BIDS & AWARDING CONTRACT FOR
MICROCOMPUTERS AND PERIPHERALS {Director
of Finance)
The microcomputers and peripherals will be used by the Police
Department in the development of a Career Criminal Apprehension
Program. Council awarded the contract to number two bidder,
Neeco, Inc in the amount of $78,750.93. The low bidder's
submittal d~ not meet specifications.
13. RESOLUTION 14145 ACCEPTING BIDS & AWARDING CONTRACT FOR
PURCHASE OF TRUCKS {Director of Finance)
All the trucks are budgeted in the Equipment Replacement Fund
except for one which is provided for in the Special Sewer Fund.
14. RESOLUTION 14146 ACCEPTING BIDS & AWARDING CONTRACT FOR
ASPHALTIC EMULSIONS {Director of Finance)
The asphaltic emulsions with latex is required to be delivered to
the work site and spread by the vendor. Council awarded the
contract to low bidder, Sim J. Harris, Co.
15a. RESOLUTION 14147 ACCEPTING GRANT OF EASEMENT FROM BONITA
RIDGE DEVELOPMENT COMPANY FOR SEWER
PURPOSES {Director of Public Works)
b. RESOLUTION 14148 ORDERING THE SUMMARY VACATION OF A PORTION OF A CERTAIN SEWER EASEMENT
Construction errors caused the house to be constructed in such a
way that a portion was located within the City sewer easement.
The developers offered to relocate the sewer well beyond the
limits of the house and, because of this, the developer granted a
new easement for the sewer; the previous easement is vacated.
16. RESOLUTION 14149 MAKING FINDINGS ON PETITION (Director of
Public Works)
On January 12, 1988, Council approved consultant contracts, a
reimbursement agreement and an acquisition/financing agreement for
the formation of the Otay Lakes Road/Telegraph Canyon Road Phase I
Assessment District. All costs will be paid by the EastLake
Development Company and/or the Assessment District.
17. RESOLUTION DELETED FROM AGENDA
18. RESOLUTION 14150 APPROVING THE SUBMITTAL OF APPLICATION FOR
STATE-LOCAL TRANSPORTATION DEMONSTRATION
PROGRAM (SENATE BILL 140 FUNDS) (Director
of Public Works)
The Senate Bill 140 Transportation Demonstration Program was
created to identify and construct locally supported projects with
a minimum of State planning and review. Council directed an
application package be submitted to CalTrans, for consideration in
State-Share Funding. Maximum potential revenue to the City is in
the amount of $5,973,750 dependent on the projects approved and
the computed percentage of State share.
19. RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT
WITH KIBBY COMPANY - EASTLAKE III
(Director of Planning)
Pulled from the Consent Agenda.
20. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING A NEW CHAPTER 8.36 RELATING TO THE
REGULATION OF THE STORAGE AND DISPOSAL OF
MEDICAL WASTES FIRST READING (Continued
from meeting of June 13, 1989) (Director
of Public Safety)
Pulled from the Consent Calendar.
21. ORDINANCE 2314 AMENDING CHAPTER 5.58 OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO REGULATION OF
TOW COMPANIES SECOND READING & ADOPTION
(Director of Public Safety)
The ordinance, which requires higher standards and keeping the
existing five companies rather than going to a RFP process, was
placed on first reading at the meeting of June 13, 1989.
22. REPORT ON RELOCATION OF BUS STOP AT FOURTH AVENUE
AND FLOWER STREET (Director of Public
Works)
Pulled from the Consent Calendar.
MINUTES - 6 - June 20, 1989
23. REPORT ON AMERICAN TRANSIT CORPORATION (ATC)
REQUEST TO LEASE PUBLIC WORKS YARD SPACE
FROM THE CITY OF CHULA VISTA (Director of
Public Works)
Council approved the request of American Transit Corporation (ATC)
to lease space at the Chula Vista Public Works Yard for bus
maintenance if ATC is awarded the contract by MTDB; and directed
the Transit Coordinator to bring back to Council an agreement
between the City and ATC for the use of Public Works Yard space if
ATC is awarded the contract.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE
BUDGET FOR FISCAL YEAR 1989-90 WHICH
INCLUDES ESTABLISHING AN APPROPRIATIONS
LIMIT FOR FISCAL YEAR ENDED JUNE 30, 1990
(Director of Finance)
a. RESOLUTION 14151 ADOPTING AN APPROPRIATION LIMIT FOR THE
FISCAL YEAR ENDING JUNE 30, 1990
b. RESOLUTION 14152 APPROVING THE ADOPTION OF THE FINAL BUDGET
OF THE CITY OF CHULA VISTA FOR FISCAL YEAR
BEGINNING JULY l, 1989 AND ENDING JUNE 30,
1990
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Government Code Section 7910 requires each local government to
establish its Gann appropriations limit by resolution each year at
a regularly scheduled meeting or noticed special meeting. City
Manager recommended that Council adopt a resolution establishing
an appropriations limit of $43,011,337 for the 1989-90 fiscal year
and provided additional information that the Community Development
Department reported $15,000 of unused Community Development Grant
Block Funds which could be used for the Senior Center Referral
Center. He added that specific and defined Capital Improvement
Program items that surface during the Fiscal Year will be added.
Councilman Malcolm commented on the balanced budget which
addressed the needs of the City and cited the need for after
school programs for older children which goal could be achieved by
bringing back a program for those older children to be
incorporated with the Chula Vista Junior High School program.
Mayor Cox reported receipt of a letter from Greg Rowe, Resource
Conservation Commission, referencing the inclusion in the Budget
of the Plaques for Members of the Commission.
MINUTES 7 June 20, 1989
Robert Scott, P.O. Box 847, 92002, Bonita/Sunnyside Fire District,
spoke to Council as Secretary of the Board and Director of the
Bonita/Sunnyside Fire Protection District. He addressed the fact
that the Budget does not include any allocation funds for the
provision of service to territories inside the limits of Chula
Vista. Because of the sudden loss of revenue and service, the
Board suggested a phasing out program over a three year period in
which all logistics can be examined for the betterment of service
to both communities.
John Green, 3768 Valley Road, Bonita, 92002, Vice President and
Board Director for the Bonita/Sunnyside Fire District, stated the
uniqueness that exists between the Fire Districts and emphasized
the estimated arrival time achieved by them and urged Council to
work out an agreement.
Orville Moody, 694 Gretchen Road, 92010, Fire Chief,
Bonita/Sunnyside Fire District, answered Councilman Nader's
question relative to automatic aid stating the reason for the
contract was because the City of Chula Vista can not adequately
and timely serve some areas of the City; Bonita also reciprocates
for the City of Chula Vista.
Chuck Hamilton, 3309 Mesa Vista Lane, Bonita, 92002, and Manager
of the Golf Course in Bonita, urged Council to reconsider and
praised the work of the Bonita/Sunnyside Fire District. Mike
Quartararo, 3815 Sweetwater Road, Bonita, CA 92002, asked that
Council look at consolidation to gain recognition for all Chula
Vista citizens. Pat Mounts, 3855 Alta Loma Drive, Bonita, 92002,
stated her hopes that the vote against annexation is not
influencing Council's decision.
There being no others to speak either for or against the item, the
public hearing was closed.
~ayor Cox stated the issue has been considered many times with the
bottom line being the need for the best service to both areas
collectively. He stated there is no question that the best level
of service for all is achieved through automatic aid agreements
but the question remains whether it should be tied to a financial
situation.
MOTION
MS (Cox/Nader) to amend the Budget to add $35,000 to this Budget
for FY 1989-90 for consideration of automatic aid with the
understanding that it will be phased out over a three year period
and that the money be earmarked but not released until an
agreement is signed between the City of Chula Vista and the
Bonita/Sunnyside Fire Protection District concerning the phase out
and automatic aid.
Mayor Cox suggested that staff look at the agreement the City of
Chula Vista had with the Montgomery Fire Protection District for a
ten year phase out when that area was annexed.
MINUTES 8 June 20, 1989
Councilman Malcolm stated his opposition to the Bonita contract
but will reluctantly support the motion if the Fire Department,
the Fire Protection Association and Board of Directors jointly
"buy in" on a final phase out.
Councilman Moore outlined the many benefits enjoyed by the Bonita
community through the efforts and budgeting by the City of Chula
Vista; Councilwoman McCandliss highlighted the program designed by
the Parks & Recreation Department for the after school pilot
program for the junior and potentially for senior high students.
She urged Council to work with the School Districts to expand the
use of the schools and take a close look for funding of future
programs. Councilman Nader commented on the expanded anti-gang
programs, the increased staffing of the Police Department,
innovative programs contained in the Budget, and the need for more
fire fighters.
MOTION
MS (Nader/McCandliss) to add $35,000 addition to the Budget for
the purpose of fire fighter staffing needs at Station No. 5 with
the idea that the money will not be available to be spent at this
point until a later report is brought to Council outlining where
the additional money will come from.
Councilman Malcolm opposed the motion stating the provision in the
Charter which allows for future budget changes when necessary.
Mayor Cox reluctantly opposed the motion and suggested full
staffing might correspondingly be accomplished as the
Bonita/Sunnyside Fire Protection District is phased out.
Councilman Nader explained the intent of the motion is that the
money would be spent only if it did not affect the City's
reserves. Councilwoman McCandliss stressed a staffing level is
needed by the Fire Station to support the service area to prevent
dangerous situations and loss of lives.
VOTE ON THE MOTION
Failed. (Mayor Cox, Councilmembers Malcolm and Moore voted no.)
MAYOR COX OFFERED RESOLUTION under 24a AND RESOLUTION under 24b AS
AMENDED which were read by titles, the reading of the texts waived
by unanimous consent and approved unanimously.
25. PUBLIC HEARING PCZ-89-1: CONSIDERATION OF THE
IMPLEMENTATION OF THE MONTGOMERY SPECIFIC
PLAN FOR THE AREA WHICH IS BOUNDED BY L
STREET ON THE NORTH, BROADWAY ON THE WEST,
OXFORD ON THE SOUTH, AND FOURTH AVENUE ON
THE EAST CITY INITIATED IDirector of
Planning)
MINUTES 9 June 20, 1989
ORDINANCE 2315 REZONING CERTAIN TERRITORY, GENERALLY
BOUNDED BY L STREET ON THE NORTH, BROADWAY
ON THE WEST, OXFORD ON THE SOUTH, AND
FOURTH AVENUE ON THE EAST, FROM ITS
CITY-ADOPTED ICOUNTY-ZONING)
CLASSIFICATIONS TO THE CITY
CLASSIFICATIONS UTILIZED THROUGHOUT CHULA
VISTA
Tony Lettieri, Lettieri-McIntyre and Associates, reported this
proposal involves the reclassification of a portion of the Castle
Park "A" Subcommunity of the Montgomery Specific Plan.
Specifically, this request will convert the existing City-adopted
County zoning to City zoning classifications. Last month Council
conducted a public hearing on Harborside A and under consideration
at this time is Castle Park "A'~, part 1; other sub-areas will be
before Council on July 18. Mr. Lettieri outlined the areas under
consideration to Council by the use of slides and stated the
recommendation to find this project has no significant
environmental impacts and to adopt the adopt the Negative
Declaration issued on IS-88-4M for the Montgomery Specific Plan
and to approve PCZ-89-I and enact an the ordinance.
Antonio Castro, 158 Zenith, 92011, reported for the Montgomery
Planning Commission the slight difference in opinion of the
Commission for the RV-15 to R-2-P area because the area
immediately north is R-l-7 which now has scattered duplex
construction. Some of the citizens concern was they would prefer
to keep that a R-l-7 area or to go to R-l-5 which would allow
higher density but retain the single family character.
Thomas Silva, ll50 Fifth Avenue, 92011, representing the
Sweetwater Union High School District, concurred with the staff's
recommendation to rezone to the R-2-P designation.
Kay Everitt, 469 Emerson Street, 92011, reported her attendance at
the Lauderbach Community Center Meeting and her submission of a
petition to both the Montgomery Planning Group on April 5 and to
the Planning Commission on May 10. Both bodies recommended to
rezone the areas along the west side of Fifth Avenue from R-2 to
R-1 single family dwellings.
Fred Haynes, 916 Fifth Avenue, Chula Vista, 92113, spoke for the
property owners at 910, 916 and 920. He stated it is not
advantageous to increase the size of his home but would be for all
three owners to put studio apartments over the garages at the rear
of their large lots.
There being no others to speak for or against the item, the public
hearing was closed.
Councilman Malcolm addressed the fair share of apartment complex
construction on the west side of town and questioned why should
not all R-3 properties on the General Plan have a "P"
classification. Planner Pass reported this as an excellent
planning idea and does agree with the concept. In the areas where
MINUTES lO June 20, 1989
the "P" classification is not inserted, it is because the area is
already built up. Director of Planning Krempl reported, with
Council direction, staff could handle the additional work.
Councilwoman McCandliss addressed the property surrounding the
school site. Planner Pass explained this area as "sandwiched"
between the high density and the single family and, coming to an
area not developed for a buffer. Mr. Pass explained the
difficulty for City Planners to achieve a subdivision in such an
area and how the "P" classification is useful.
MOTION
MS (Nader/McCandliss) to direct to amend the Ordinance (1) to
incorporate the recommendation of the Montgomery Planning
Committee and the Planning Commission that the designated R-2-P in
the staff recommendation be designated R-l-7 and (2) to
incorporate Councilman Malcolm's suggestion that the areas
designated R-3 in the staff recommendation have a "P" modifier
added; and to place the Ordinance on First Reading as so amended.
Mayor Cox clarified the motion to amend the ordinance to accept
the recommendations of the Montgomery Planning Committee and the
Planning Commission for the two parcels, north of Naples and South
of Naples, be rezoned to R-1 and there also be direction that the
R-3 areas in this planning area be designated as R-3-P.
Councilman Malcolm stated he did not feel it fair to single out
this particular portion versus, when the General Plan comes up, to
place it on all R-3 properties throughout the City. He stated he
could in spite of the problem but in the transition zoning he
could support an R-1-5-P. He stated his belief in transitional
zoning, but thinks the School District and .staff raises a valid
concern; he will not support the motion. City Manager cautioned
that proposal might have adverse effects in discussions with the
School District. Councilman Malcolm agreed to split the motion.
VOTE ON THE FIRST PORTION OF THE MOTION
To change the R-3 designations to R-3-P passed unanimously.
Mayor Cox stated he would "reluctantly" not support to go with the
R-l-7 as opposed to the R-2-P as recommended by staff because of
the awkwardness of putting an R-l-7 development in the area.
Councilwoman McCandliss acknowledged the Mayor's statement but
questioned the site plan. The area is single family, there will
be political ramifications with the School District but, if a plan
could be brought in, the right density would be there for the
buffer and that would be the time to deal with it. Councilman
Moore commented that downzoning to R-1 does not give justice to
the people who will move in the area in the future.
MINUTES ll - June 20, 1989
VOTE ON THE SECOND PORTION OF THE MOTION:
To go with the R-l-7 designation as recommended by the Community
Planning Group. Motion failed. (Mayor Cox and Councilmembers
Malcolm and Moore voted no)
MOTION
MSC (Nader/Malcolm) to rezone the Sweetwater area as R-1-5-P and
to accept the Planning Commission recommendation. Motion passed.
(Mayor Cox voted no)
MAYOR COX OFFERED THE ORDINANCE AS AMENDED which was read by
title, the reading waived by unanimous consent, and approved
unanimously.
26. PUBLIC HEARING: Director of Planning
A. CONSIDERATION OF FINAL EIR-88-2, GENERAL
PLAN UPDATE
RESOLUTION CERTIFYING THE FINAL EIR-88-2, GENERAL
PLAN UPDATE
It is recommended that Council certify that EIR-88-2 has been
prepared in compliance with CEQA, the State CEQA Guidelines and
the Environmental Review procedures of the City of Chula Vista.
B. GPA-89-6: CONSIDERATION OF A COMPREHENSIVE
UPDATE TO THE CHULA VISTA GENERAL PLAN
RESOLUTION REPEALING THE EXISTING GENERAL PLAN AND
ADOPTING THE CHULA VISTA GENERAL PLAN
UPDATE
It is recommended that Council repeal the existing General Plan
and adopt the Draft General Plan; change the land use designation
for a portion of the northerly section of Rancho San Miguel to Low
Residential and; defer consideration of the EastLake III/Olympic
Training Center Alternative until a future general plan amendment
consideration in the summer of 1989.
C. ADOPTING FINDINGS RELATIVE TO SECTION
21081 OF CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS
RESOLUTION ADOPTING FINDINGS RELATIVE TO SECTION
21081 OF CEQA AND STATEMENT OF OVERRIDING
CONSIDERATIONS
It is recommended that Council adopt the "CEQA Findings" and
statement of overriding considerations.
D. CONSIDERATION OF MITIGATION MONITORING
PROGRAM FOR THE CHULA VISTA GENERAL PLAN
UPDATE EIR-88-2
RESOLUTION ADOPTING THE MITIGATION MONITORING REPORT
MINUTES 12 June 20, 1989
This being the time and place as advertised, Council opened the
public hearing.
Councilman Nader reported the impact of this General Plan revision
to be felt by the City for many years and requested Councilmembers
be given more time to review it.
MOTION
M (Nader) to continue the public hearing to the first three
meetings in July to separately hear the Environmental Impact
Report, the Revenue and Financial Analysis, and Growth and General
Land Use Patterns as proposed at the first three meetings in July
and to schedule a Special Meeting in July for a wrap up meeting.
(Motion died for lack of a second.
SUBSTITUTE MOTION
MS (Nader/Malcolm) to continue the Public Hearing to a Special
Meeting in July to complete the General Plan update.
Mayor Cox explained his opposition to the motion and referenced
the last three years over which the General Plan has been under
review. Council is in a position to move forward at this time.
VOTE ON THE MOTION
Passed. (Mayor Cox and Councilman Moore voted no)
Councilman Malcolm suggested only those in attendance at this
meeting who cannot attend later be allowed to make a
presentation. Councilwoman McCandliss felt anyone who wished to
highlight something for Council attention should bring it forward.
Mayor Cox reported a question posed by himself and Councilman
Moore to the City Attorney. In August of last year, they both
took a trip to look at the Olympic Training Center in Colorado
Springs, CO, on a private plane which was already scheduled for
with Mr. Dave Nielsen, Vice President of the San Diego Sports
Training Foundation on board. Both Mayor Cox and Councilman Moore
were offered to travel with him and they accepted to view the
site.
City Attorney Harron confirmed that the Fair Political Practices
Commission (FPPC) does not distinguish the difference between the
purpose of travel but does look at the value of the trip. Since
the value of the trip was over $250, the City Attorney advised
that both abstain from voting for one year from August 16 on the
Olympic Center Training Center; this does not preclude voting on
the General Plan itself. To prevent this for the future, the
giver must make the gift to the City Council who designates who
takes the trip.
Councilman Malcolm reported stock he has owned for a number of
years in Great American Federal and, to avoid any improprieties,
stated he will abstain on any vote relative to the eastern portion
except, because Mayor Cox and Councilman Moore cannot vote on the
Olympic Training Center in order to obtain a third vote. He also
will participate in the southeast corner of East "H" Street and
Otay Lakes Road and the western portion.
MINUTES 13 - June 20, 1989
Councilman Nader questioned his property ownership in the western
end of the City, City Attorney stated one to four pieces of
property ownership is considered "the interest of the public in
general" and to abstain is not necessary.
Director of Planning Krempl referred to the consideration of
EastLake Greens by the Planning Commission on June 21 which would
have been conditioned by the acceptance of the General Plan since
this would be a valid designation on the EastLake Greens
property. City Attorney Harron, althou9h there is no law to
reference, feels it would be proper for the Planning Commission to
~ve contingent upon the approval of Council of the General
The practical consideration is that if the General Plan
changes, the Commission would have to consider it again.
MOTION
MSUC (McCandliss/Nader) to continue the Public Hearin9 for
consideration of the General Plan at a Special Meeting of City
Council on Monday, July 10, 1989 in the Council Chambers.
The public was advised they were welcome to speak or to hold their
comments to the Special Meeting on July 10.
Councilman Malcolm questioned if it is proper to take into
consideration whether homes on the EastLake Greens 9olf course are
goin9 to be worth more and would not be a true trade off and that
Council can choose any percentage including zero. Director Krempl
stated the assumption of flexibility is correct and considered
from 0 to 100%. He stated that staff gives the best assessment to
see how the Plan measures up and to what extent but there is
leeway.
Joanne Carson, 57 Millan Court, 92020, reported, as Chairman, the
Planning Commission voted 7-0 to recommend for the adoption of the
General Plan. As citizen Joanne Carson, she sug9ested both
Sections 6.2 and 6.3 of the General Plan be referred back to staff
for additional study and to define the criteria.
Peter Watry, 81 Second Avenue, Chula Vista, representing
CROSSROADS, stated their support of Scenario IV until last week
when the General Plan map was compared with the General Plan as
interpreted through loopholes. EastLake Greens and Trails as
combined on a visual showed the growth residential acreage as
800.2 acres in low and low medium, with the target density in low
medium with 3,600 units. East Lake Greens proposal is now 4,869
which put the density 35% over target with bonuses added on top of
that. If this continues, with all developers the General Plan
would be shredded; the proposed infrastructure could not support
the growth. It also changes the entire character of the eastern
territory.
Will Hyde, 803 Vista Way, also representing CROSSROADS, agreed the
General Plan picture was all that anyone could ask for but the
significance of the target density must be achieved throughout the
Plan with only those exceptions those with rare and unusual
benefit to the community, Density Transfer provision is sort of a
MINUTES - 14 June 20, 1989
shopping list to make the Plan superior but is vague; lower
density is the part of the Plan that should be addressed. The
EastLake Greens' proposal, based on information available, seems
to be unwarranted and it is indicated they should scale down their
presentation before the Planning Commission, segments of which
call for low medium density with 34 units/acre. He also requested
that Chapter 1, 6.2 and 6.3, as recommended by Mrs. Carson, should
9o back to staff for a Task Force solution to alternatives.
Those who deferred their comments to the Special Meeting of July
lO included Bill Hauf, 12707 High Bluff Drive, San Diego 92130
representing San Miguel Partners; Thomas Silva, 1130 Fifth Avenue,
92011, representing Sweetwater Union Hi9h School District; Dave
Siino, P.O. Box 1831, San Diego, representin9 San Diego Gas &
Electric; Jeff Brinton, 401 B Street, Suite 1150, San Diego 92101,
and Pamela Beckett Stahl, 1539 West llth Avenue, Escondido, 92025,
both representing Herbert Beckett.
Robert Santos, 900 Lane Avenue, Suite 900, 92013, representing
EastLake Development Co. reported that he feels the land in the
eastern territories can handle more density than the Plan shows.
Mr. Santos offered support for the General Plan Scenario IV which
cuts the density by 20% is accepted because it is a compromise and
the Plan must be a consensus for the good of the community;
support for the statements made by CROSSROADS althou9h the areas
of ambi9uity need to be worked out; offered drafted lan9uage that
Sections 6.2 and 6.3 of the Land Use Element should be adopted as
interim policies only to allow the EastLake Greens Project to be
processed but not intended to presume a favorable action on
EastLake Greens and also referred back to staff. Mr. Santos
stated his concern of the Olympic Center portion of the project
and asked it be considered as a future vision for the City. He
confirmed EastLake intends to 9o before the Planning Commission
for an advanced grading permit for the project's golf course and
stated his hope that nothing will prejudice the Plannin9
Commission's ability to take action.
Dave Nielsen, 1904 Hotel Circle North 92108, representing San
Diego National Sports Training Foundation, deferred his
presentation until July 10 but expressed his hope that Council
will adopt General Plan desi9nations as well as for the
surrounding community. It is important for the Foundation to stay
on schedule to accomplish the annexation and proceed with the
public facilities financingj etc.
Hugh Christiansen, 376 Center Street, #350, Chula Vista, 92010,
read his presentation to Council which addressed the older
structures in the downtown and predicted the area will become a
"slum" unless the Plan includes housing for those with dependable
and surplus income to make the Town Centre area into a self
supporting village. He suggested the General Plan be inclusive to
focus the business district as objective number one.
James L. Fraser, 444 Anita Street ~101, Chula Vista 92011, stated
his concern for all residents that obtain water from Sweetwater
and Otay Lakes Districts.
MINUTES - 15 June 20, 1989
Mayor Cox acknowledged receipt of a letter from Jackie McQuade
which he forwarded to the Planning Director for inclusion in the
July lOth Meeting. Her letter addressed the fact that East "J"
Street was not listed as a scenic roadway.
Shirley Grasser, 229 "F" Street, concurred with Joanne Carson to
ask that sections be reevaluated and the importance to start a
page 1-11 to page 1-27 to include 6.2 and 6.3 because the language
helps define how to estimate the potential allowable residential
density.
Councilwoman McCandliss referred to "Summary of Comments and
Response" and requested that Council be provided with the comments
intended for the Resource Conservation Commission which were not
included in Council's packet since they were "implementation
rather than General Plan" comments.
Mayor Cox reported previous Council Action to continue the Public
Hearing to a Special Meeting to be held on Monday, July 10, in the
Council Chamber.
27. ORAL COMMUNICATIONS
George Roberrs, 1640 Maple Drive #73, 92011, representing Autumn
Hills Homeowners Association, addressed a problem that exists when
attempting to make a left turn on Main Street before Maple Drive.
MOTION
MSUC (Cox/McCandliss) to refer the item to staff and the Safety
Commission for a report back.
Harry Solway, 1640 Maple Drive #15, 92011, emphasized that when
Walnut was closed the traffic increased and, when the curve was
made, it presented a bigger problem; he offered suggestions for a
solution as well as the need of a traffic signals. Mr. Solway
also questioned the drainage system of Woodland Village stating
that water accumulates at Maple and Spruce which fact has been
reported to a City Department.
Dale Foster, 1640 Maple Drive #63, 92011, representing Autumn
Hills Homeowners Association, added that the striping on Main
Street is difficult to read and asked for reflector buttons for
night driving.
ADDITION TO THE MOTION
(Cox/McCandliss) to include in the report back the concerns stated
by the speakers who reported a need for street lights and for
striping, that the speakers be notified when the item comes before
the Safety Commission and to City Council.
VOTE ON THE MOTION AND ADDITION TO THE MOTION
Passed unanimously.
MINUTES 16 June 20, 1989
Bob Santos, 900 Lane Avenue, EastLake Development Company, ~=~-
referred to the grading of EastLake Greens Golf Course and stated
the sections referred to by Shirley Grasser could be addressed in
a focused area of the General Plan document. There might still be
time but his concern centers on pressure that might be placed on
the Commission although the approval is needed. He questioned if
Council would consider modifications of the conditions of the
grading permit with the conditions of a certified EIR, the bonding
and restoration of the ground and other appropriate conditions in
the interest of time. Mayor Cox clarified an option Council has
to notice a Special Meeting if there a need exists.
James L. Fraser, 444 Anita Street (#101) 92011, Fraser, questioned
the availability of drinking water for the EastLake Development
and was advised the answer could be obtained by his contact with
the Project Manager of the EastLake Development.
PULLED ITEMS
At 11:10 p.m., Councilman Malcolm left the dais.
3d. PETITION PROTESTING PLANS FOR "GREEN BELT PROJECT" IN SDG&E
EASEMENT - Orange Tree, Continental, Hacienda and Lynwood
South Mobilehomes
It is recommended that the protest be received and filed, but that
staff be directed to set up meetings with the various mobilehome
park residents to discuss not only the concept plans for the
Orange/Hermosa Park site, but the broader question of the SDG&E
easement and the potential uses of that easement for park and
other uses. Director of Planning Krempl reported this area is
designated a Special Study Area of the Montgomery Specific Plan
and will be coming back to Council prior to the completion of the
establishment of City zoning.
Dr. W. F. von Schucker, 444 Anita Street, #60, 92010, strongly
protested the plan because of the narrow area with high voltage
wires overhead to present problems for those ~ho play underneath
in this proposed park. He presented a packet of paper to Council
outlining the dangers of radiation to those exposed, the problems
which will be encountered by Senior Citizens with parking and home
values and the expressed desire by those in the area to live their
lives in "peace and quiet."
Bernard A. Tardy, 502 Anita Street #98, 92010, Hacienda Trailer
Park, 92011, reported the concern of residents in the surrounding
parks who submitted the petition not to have the area converted to
a park. Council was commended in soliciting funds to construct
the park but agreed with the dangers stated by Dr. von Schucker.
He also stated the potential crime problem which will be opened up
by "gangs" in the area and urged Council to place the park
elsewhere.
MINUTES 17 June 20, 1989
S. F. Christianson, 521 Orange Avenue, 92010, Orange Tree
Homeowners, stated he was a 20 year resident of the Mobilehome
park and reported his conversation with staff relative to the
proposed green belt. He urged Council to reconsider the decision
and to not invade their area with a park.
James L. Fraser, 444 Anita #101, 92011, reported his biography as
the authority for the authenticity of his proposed statements and
also presented Council with a packet of back up documents from
Canada. He addressed the same concerns as the previous speakers.
MOTION
MSUC (Cox/Moore) to accept the staff recommendation to receive the
petition and to refer to the Montgomery Planning Committee and to
direct staff to set up meetings in the various mobilehome parks to
discuss the item with the residents. (Councilman Malcolm out)
At 9:25 p.m., Council recessed and reconvened at 9:35 p.m.
19. RESOLUTION 14153 APPROVING PROFESSIONAL SERVICES AGREEMENT
WITH KIBBEY COMPANY - EASTLAKE III
IDirector of Planning)
Mayor Cox reminded that he and Councilman Moore will not
participate in the discussion because of a possible conflict of
interest based on their acceptance of a travel trip to the Olympic
Training Center in Colorado. Mayor pro tempore Nader took the
Chair.
On February 7, 1989, Council approved a Statement of Intentions
regarding the processing plans for EastLake III which includes the
Olympic Training Center. Staff has discussed the concept of
obtaining a professional evaluation of the economic aspects of the
EastLake III ro
p posal with the EastLake Development Company and
they concur that a professional economic evaluation would be
beneficial to all parties to better understand the economic
aspects of the project. The proposed study will cost a maximum of
$45,000 which will be paid for by the EastLake Development
Company. Staff recommended that Council waive the normal
consultant selection policy due to the critical time schedule set
forth in the Statement of Intentions and approve the agreement
with Kibbey Company.
Councilwoman McCandliss questioned staff's recommendation and
Director of Finance Christopher reported the Kibbey Company has
previously worked with the City with Assessment Districts. were
highly recommended by other cities and have excellent references.
Councilman Nader questioned and Director Christopher clarified the
purpose for an economic land use analysis of EastLake's proposal.
He also agreed that the planning and environmental consideration
is more importantly considered.
COUNCILMAN MALCOLM OFFERED THE RESOLUTION which was read by title,
the reading of the text waived by unanimous consent and approved.
(Mayor Cox and Councilman Moore abstained)
MINUTES 18 - June 20, 1989
Ken Aden, EastLake Development Company, 900 Lane Avenue, clarified
staff requested this Agreement and that EastLake fund it; if not
relevant information, they do not wish to spend the money.
20. ORDINANCE 2313 AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING A NEW CHAPTER 8.36 RELATING TO THE
REGULATION OF THE STORAGE AND DISPOSAL OF
MEDICAL WASTES FIRST READING {Continued
from meeting of June 13, 1989) (Director
of Public Safety)
There have been some changes to the San Diego County s Medical
Waste Ordinance. Those changes have been reflected by revisions
in the City's proposed ordinance. Councilman Malcolm stated he is
awaiting a report from staff on the far reaching effects of this
ordinance and stated his concerns of getting the information out
to those it concerns. Dan Avera, San Diego County Representative
for Hazardous Waste, reported the County's ordinance regulates any
generator of medical waste less than 220 pounds per month; an
amount in excess of this falls under State law.
Vernon A. Fry, 345 "F" Street, Chula Vista, CA 92010, Dentist,
stated his opposition to the ordinance dealt with the inclusion of
dental offices and stated the Chula Vista dentists are not aware
of the issue being discussed. Dr. Fry stated the public should be
more concerned with sterilization procedures and cross
contamination within a dental office. The specifics of the
ordinance were addressed as unclear. Council questioned Dr. Frey
of his concerns and his present procedures.
Fire Marshal Gove reported her contact with other Chula Vista
dentists and medical waste companies to question the number of
pounds to be disposed and the procedures in which they dispose of
it to estimate the approximate charge. Mr. Avera reported the
ordinance does allow storage for up to six months to achieve a
minimal cost; household exemptions was discussed favorably; and
Countywide conferences are set to educate the community.
Councilman Moore reminded that the Chamber of Commerce should have
been included in the discussion since it concerns the business
community; Councilman Malcolm agreed.
MOTION
MSUC (Malcolm/Moore) to continue the item to await a report back
from the Chamber of Commerce.
At ll:lO p.m., Councilman Malcolm left the Meeting.
22. REPORT ON RELOCATION OF BUS STOP AT FOURTH AVENUE
AND FLOWER STREET (Director of Public
Works)
MINUTES - 19 June 20, 1989
At the May 16 meeting Council requested staff to investigate the
feasibility of relocating the existing bus stop on Fourth Avenue
near Flower Street to the north side of the E Street/Fourth Avenue
intersection. This bus stop is served by San Diego Transit (SDT)
Route 29 and Chula Vista Transit ICVT) routes 702A and 706.
The estimated cost to relocate this bus stop is $200 which
includes adding new red curbing, removing existing red curbing,
and relocation of bus stop pole and passenger bench. Sufficient
funds are available in the SCOOT budget to pay these relocation
costs. It is recommended that Council approve the report and
relocation of the bus stop.
Transit Coordinator Gustafson answered Councilwoman McCandliss'
questions and explained the recommendation for relocation as being
accessible for a wheelchair lift bus. He also explained the
entire area between the two driveway entrances will be red-curbed.
MOTION
MSC (Nader/Moore) to approve the staff recommendation.
(Councilman Malcolm out)
28. CITY MANAGER'S REPORT
a. Scheduling of Council meetings Not adequate time to prepare
for presentation of the Mid Bayfront Plan on Thursday, June 22.
MOTION
MSC (Cox/Moore) to reschedule the Mid Bayfront Plan to the Agency
Meetin9 on Thursday, July 13, at 6:00 p.m. in the Council
Conference Room.
29. MAYOR~S REPORT
a. Purchase of Medallions for Harbor Days which is scheduled for
Sept. 30, 1989 which is the projected dedicated date for the
new berthin9 pier. 1989 is also the lOOth Anniversary of the
founding of the Chula Vista Yacht Club and plans by the Yacht
Club and "The Californian" is to make up medalions
commemorating the event.
MOTION
MSC (Cox/Moore) to encumber $500 to purchase 100 of the medalions
out of the 1988-89 Fiscal Year Budget appropriated from Travel
Expense. (Councilman Malcolm out)
b. Approval of use of Joint Revenues of City of Chula Vista/MTDB
to acquire Billboard at E Street and I-5 Council previously
entered into an agreement with MTDB to allow the billboards
and that revenues were to 9o into a joint account for
beautification of the Trolley Line. MTDB is now in agreement
to remove the billboards.
MINUTES - 20 June 20, 1989
MOTION
MSC (Cox/Moore) that the Mayor be authorized to send a letter to
MTDB to ask that a portion of the revenue resource be used to
purchase the billboara at I-5 and E Street. (Councilman Malcolm
out)
c. Assignment of Specific Pending Items in Council Referrals
Report It is evident that of the 960 referrals which date
back to 1985 have been completed or require a letter to
complete.
MOTION
MSC (Cox/Nader) refer the items to the City Manager with the
direction to bring back a disposition report at the July 11, 1989
Council Meeting. (Councilman Malcolm out)
d. Since Mayor Cox may not attend the last meeting at which the
City Clerk Fulasz will officiate, he offered his appreciation
of her 29 years of service stating "she will never be replaced
in that regard."
e. Mayor Cox commended Director of Building and Housing Larson
for the report given to the City Manager of his aggressive
posture taken for the property abatement at 1086 Madison.
f. Direction was given to schedule the Off-Road Vehicle Park in
Otay Mesa for discussion on the July 11Agenda.
At 11:46 p.m., Councilman Malcolm returned to the dais.
30. COUNCIL COMMENTS
MOTION
MSUC (Cox/Nader) to recess into Closed Session after the
Redevelopmerit Agency Meeting for the purpose of litigation in
which the City of Chula Vista is a real party interest.
b. a. Legislative Report for Council Action
SB 1440 (Dells) Driver training program - Support
b. Legislative Report for Information Only:
AB 1358 (Frizzelle) Fines & forfeiture: "proof of insurance"
penalty revenue Support
c. National League of Cities Proposal Regarding Mortgage Interest
Deductions
MOTION
MSUC (Malcolm/Cox) to move approval of the Legislative calendar.
MINUTES - 21 June 20, 1989
COUNCILWOMAN McCANDLISS:
d. Referring to Council Referral No. 1400, her question concerned
the appearance along "H" Street which seemed to be an open
space easement off Ridgeback Road, and referenced the City's
open space deviation policy. Staff had explained that, in the
future, property lines and pads would be graded to be
contiguous with property lines but she feels there is still a
conflict. In some areas the pad goes to the top of the
ridge. In other areas, the pad continues down to the float
behind the house enabling the resident to have access into the
open space. Consistency is needed in the grading direction
sent from the City.
MOTION
MSUC (McCandliss/Moore) to refer back to the Engineering
Department for a report back to Council.
ADJOURNMENT AT 11:52 p.m. to the Adjourned (Workshop) Meeting of
June 22 at 4:00 p.m., to the Special Meeting of City Council on
Monday, July lO, 1989 in the Council Chambers at 7:00 p.m., and to
the Regular Meeting of July ll, 1989 at 7:00 p.m.