HomeMy WebLinkAboutcc min 1989/07/11 MINUTES OF A REGULAR
MEETING OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, July ll, 1989 Council Chambers
7:00 p.m. Public Services Buildin~
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers McCandliss, Nader, Malcolm
and Moore
MEMBERS ABSENT: None
STAFF PRESENT: Assistant City Manager Asmus; City Attorney Harron;
Deputy City Manager Krempl; Director of Public Works
Lippitt; Environmental Review Coordinator Reid;
Director of Parks & Recreation Mollinedo
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
Before beginning with the agenda items, Councilmember Malcolm requested an
opportunity to co~nent on a lawsuit that involved him and the City, Brooks vs.
Phares, et al. He reported that in 1986 he and the Mayor sat on a Council
Subcommittee and in that capacity recommended that the City use a certain real
estate broker to acqui re property. The property was purchased. A year and a
hal f later, two weeks before his reelection, Mr. Truman Brooks filed a lawsuit
against him alleging fraud, etc. He noted this was printed in all the local
newspapers. His lawsuit came up two weeks ago before the court. The eve
before the court date, after the City had paid approximately $50,000 to
outside Council, the plaintiff dismissed the lawsuit. The action against the
real estate agent was pending until this date, and the judge dismissed this
case. Councilman Malcolm commented that it is unfortunate that the press did
not report both sides of the story and that it is disturbing that the press
was used in this manner.
Mayor Cox announced that at this meeting there will be a continuation of the
public hearing of July 10, 1989 on the General Plan. It will be conducted
during the public hearings on the agenda as item 24a.
1. APPROVAL OF MINUTES for the Adjourned Budget Meeting of June 14, 1989 and
the Adjourned (Workshop) Meeting of June 22, 1989.
MOTION
MSUC (McCandliss/Moore) approve the minutes of the Adjourned Budget
Meeting of June 14, 1989 and the Adjourned (Workshop) Meeting of June 22,
1989 as submitted.
MINUTES -2- July ll, 1989
2. SPECIAL ORDERS OF THE DAY
RESOLUTION 15156 COMMENDING JENNIE FULASZ, CITY CLERK OF THE CITY OF
CHULA VISTA, UPON THE OCCASION OF HER RETIREMENT FROM
THE CITY OF CHULA VISTA AFTER MORE THAN 29 YEARS OF
DEDICATED SERVICE
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent.
Ms. Pat Mounts, 2855 Alta Loma Drive, Bonita, addressed the Council. She
was representing the Sweetwater Valley Civic Association. The Association
wanted to thank Jennie for all the help she has given to the organization
and wished her well in her retirement.
VOTE ON THE RESOLUTION
The resolution was approved unanimously.
CONSENT CALENDAR (Items 3a - 23)
Items 3a, 3d, 12, 14, 20, 22, and 23 were pulled.
BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMAN NADER which was read by
titles, the reading of the text was waived by unanimous consent and approved
unanimously.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR RESPONSE TO CONCERNS REGARDING TRACKLESS TROLLEYS
Andrew C. Delgado, 1173 Del Prado Court, Chula Vista 92010
Pulled from the Consent Calendar.
b.RESIGNATION FROM RESOURCE CONSERVATION COMMISSION AND CHULA VISTA
2000 TASK FORCE - Greg L. Rowe, 588 L Street, Chula Vista 92011
Council directed that Mr. Rowe's resignations from the Resource
Conservation Commission and the Environmental/Open Space Subcommittee
of the Chula Vista 2000 Community Task Force be accepted with
regrets, and that he be wished well as the Executive Vice President
of the Phoenix Board of Realtors.
c. CONCERNS REGARDING DRAINAGE AT 150 CENTER STREET - Michael A. Green,
535 H Street, Chula Vista 92010
Council directed that Mr. Green's letter regarding the drainage
problem at Center Street and Main be referred to staff for further
investigation to determine where the excessive water appears to be
coming from, and make a determination as to whether or not the
clearing of weeds and debris from the existing drainage ditch can
alleviate the problem, or if a more extensive CIP Project is required.
MINUTES -3- July ll, 1989
d. PROPOSAL FOR EQUIPMENT PURCHASE FOR PUBLIC INFORMATION RADIO STATION /~"~
- Donald R. Read, CEO, Chamber of Commerce, 233 Fourth Avenue, Chula
Vista
Pulled from the Consent Calendar.
e. REQUEST THAT COUNCIL OPPOSE SB 1082 (Kopp) - Mayor Michael D. Nevin,
City of Daly City, 333 90th Street, Daly City, CA 94015-1895
Council authorized staff to prepare a letter for the Mayor's
signature in opposition to SB 1082 (KOPP).
f. INVITATION TO JOIN WITH COUNTY BOARD OF SUPERVISORS TO APPROVE
MEMORANDUM OF UNDERSTANDING WHICH AUTHORIZES THE COUNTY AND CITIES TO
AGREE UPON A PROCEDURE FOR REFERRAL AND COMMENT ON PROPOSED LAND
DEVELOPMENT PROJECTS - Chairman Susan Goldinq, Board of Supervisors,
1600 Pacific Highway, Room 335, San Diego 92101
Council directed that the Memorandum of Understanding between the
County of San Diego and the various cities within the County for
notification of land use and development actions by the County and
the various cities be referred to staff for review, and that it be
brought back to the City Council at the meeting of July 18, 1989.
g. REQUEST FOR OPPOSITION TO SENATE BILL 552 WHICH WOULD SEVERELY LIMIT
THE FRANCHISE FEE THAT CHARTERED CITIES CAN REQUIRE OIL PIPELINE
COMPANIES TO PAY FOR THEIR EXCLUSIVE USE OF CITY PROPERTY Mayor
Dennis Zane, City of Santa Monica, 1685 Main Street, Santa Monica, CA
92041
Council authorized a letter for the Mayor's signature opposing SB552.
h. REQUEST TO BAR HEAVY EQUIPMENT AND TRACTOR TRAILER EQUIPMENT FROM
USING THE EAST "J" STREET ROUTE TO PASEO LADERO AND ENFORCE~ENT OF
THE 25 MPH SPEED LIMIT - Leon A. Gold, 1043 River Ash Drive, Chula
Vista 92010
Council directed that these concerns be referred to City staff and
the Safety Commission for the purpose of addressing the problems that
exist and, further, that in the interim the Police Department be
directed to increase their surveillance of the area and enforce the
25 MPH speed limit.
4. REPORT: BURNING OF INSULATION MATERIAL (Director of Public Safety) /~
On May 16, 1989, Council asked that staff investigate a complaint of a
company, Lurid and Flynn, about their burning of insulation materials.
Staff was asked to investigate and work with the Air Pollution Control
District (APD) to determine if any violations exist. It was recommended
that staff continue to work with the APD to monitor Lurid and Flynn to
determine compliance with 1 ocal and county requirements.
MINUTES -4- July ll, 1989
5. RESOLUTION 15157 APPROVING AND ACCEPTING PUBLIC IMPROVEMENTS IN THAT
CERTAIN SUBDIVISION KNOWN AND DESIGNATED AS EASTLAKF
I, UNIT 2 (Director of Public Works)
Barratt Northern California, Inc. submitted the requirements for public
improvements for the EastLake I, Unit 2 subdivision. The improvement
agreement was approved by Council Resolution 12303 on December 17, 1985.
It was recommended that the Council accept the public improvements.
6. RESOLUTION 15158 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND WILLDAN ASSOCIATES FOR THE RESPREAD OF EAST "H"
STREET ASSESSMENT DISTRICT 87-1 AND PREPARING THE
ANNUAL COLLECTION REPORT (Director of Public Works)
East "H" Street Assessment District 87-1 was established in May of 1989 in
order to finance the acquisition by the City of public improvements along
East "H" Street constructed by Rancho del Rey Partnership. The purpose of
this contract is to respread the assessments over those parcels that have
been subdivided and/or will be divided since the district was
established. Willdan Associates will also prepare the Annual Collections
Report. It was recommended that Council approve this agreement with
Willdan Associates.
7. a. RESOLUTION 15159 ACCEPTING GRANT TO CERTAIN REAL PROPERTY FROM
BONITA LONG CANYON PARTNERSHIP FOR OPEN SPACE,
PUBLIC UTILITIES AND OTHER PUBLIC USES (Director
of Public Works)
b. RESOLUTION 15160 APPROVING ENCROACHMENT PERMIT NO. PE-168 FOR A
MONUMENT SIGN AND WALL IN A CITY OPEN SPACE LOT
WITHIN BONITA LONG CANYON UNIT NO. 7
Bonita Long Canyon Partnership applied for an encroachment permit to
place a wall with a monument sign within Donira Long Canyon, Unit No.
7. The wall is proposed to encroach into a City open space lot. The
City Code requires that encroachments such as this must be considered
by Council for approval. Because the proposed encroachment also
extends into a privately owned lot, the owner of the lot proposed to
grant a portion of that lot to the City for open space purposes.
This will allow the entire wall to be located on land under the same
ownership. It was recommended that the Council adopt resolutions a
and b and authorize the City Engineer to issue the encroachment
permit.
8. RESOLUTION 15161 MAKING DECLARATION REGARDING SURPLUS IN THE
IMPROVEMENT FUND FOR LAS FLORES ASSESSMENT DISTRICT
85-1 (Director of Public Works)
The City conducted proceedings and completed construction of Las Flores
Drive north of "D" Street pursuant to the terms and provisions of the
MINUTES -5- July ll, 1989
Municipal Improvement Act of 1913. Because all improvements and payments
of all claims are completed, it was necessary for the City to dispose of
the remaining surplus in the fund in accordance with Section 10427.1 of
the Streets and Highway Code.
9. a. RESOLUTION 15162 APPROVING THE REPORT OF THE CITY ENGINEER FOR THE
SPREAD OF ASSESSMENTS, EASTLAKE MAINTENANCE
DISTRICT NO. 1 (Director of Public Works)
b. RESOLUTION 15163 INTENTION TO ESTABLISH THE ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT NO. 1 AND SETTING A
DATE FOR THE PUBLIC HEARING
On April 25, 1989, the City Council adopted Resolution 14060 ordering the
City Engineer to prepare and file a report of assessments for landscape
maintenance of street medians in EastLake for Fiscal Year 1989-90. It was
recommended that the Council adopt the resolutions approving the report
and declaring its intention to establish the assessments for the subject
landscape maintenance district, setting the date of July 25, 1989 for the
public hearing.
10. RESOLUTION 15164 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND B.S.I. CONSULTANTS, INC. FOR PUBLIC WORKS
CONSTRUCTION INSPECTION SERVICES FOR FY 1989-90 AND
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY
{Director of Public Works)
The City Council in conjunction with the FY 1989-90 budget approval
process authorized staff to obtain contractual construction inspection
services to meet the current construction activity demand. As a result of
the RFP process, staff negotiated a contract with B.S.I. Consultants to
provide for public works construction inspection services during the FY
89-90 period. It was estimated that the consultant will provide between
2000 and 4000 person hours of construction inspection services at a total
cost of $184,000. It was recommended that the Council 'approve the
agreement with 8.S.I. Consultants.
ll. RESOLUTION 15165 APPROPRIATING FUNDS, ACCEPTING BIDS AND AWAPDING
CONTRACT FOR LANDSCAPE MEDIAN IMPROVEMENTS ON BONITA
ROAD FROM BONITA GLEN DRIVE TO 1-805 FREEWAY IN THE
CITY OF CHULA VISTA (Director of Public Works)
On June 7, 1989, the Director of Public Works received sealed bids for
"Landscape Median Improvements in Bonita Road from Bonita Glen Drive to
1-805 Freeway in the City of Chula Vista, CA." Funds for this project
were budgeted in FY 1987-88. The work to be done consists of removal and
disposal of existing improvements, the installation of 6" P.C.C. curb,
decorative concrete flatwork, asphal t concrete pavement, irrigation and
landscaping, traffic control, and other miscellaneous work.
MINUTES -6- July ll, 1989
It was recommended that Council:
(1) Appropriate $18,499.51 from the unappropriated reserves of Gas Tax
funds to Median Landscaping, Bonita Road at Bonita Glen Drive
account; and
(2) Accept bids, waive minor irregularities in Pacific Paving and Grading
Company bid form, and award contract to Pacific Paving and Grading
Company in the amount of $49,420.15.
12. REPORT: CABLE TV SERVICE TO PRIVATE PROPERTY (Director of Public Works} '=.~"1
Pulled from the Consent Calendar.
13. RESOLUTION 15166 ACCEPTING INFORMAL BID AND AWARDING CONTRACT FOR
PROVIDING STREET SWEEPING FOR THE CITY'S CHIP SEAL
(1989-90 PROGRAM) ON VARIOUS STREETS IN THE CITY
(Director of Public Works)
On June 28, 1989 informal bids were received for "Providing Street
Sweeping for the City's Chip Seal (1989-90 Program) on Various Streets in
the City of Chula Vista, CA." Only one bid was received. It was
recommended that the Council accept the bid and award the contract to
Kenny's Construction Sweepers in the amount of $12,000.
14. RESOLUTION 1 5179 GRANTING PERMISSION FOR STREET CLOSURES TO ENABLE THE
CHULA VISTA CHAMBER OF COMMERCE JAYCEES AND THE CHULA
VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT SPECIAL
EVENTS (Director of Parks and Recreation)
Pulled from Consent Calendar.
15. RESOLUTION 15167 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA ly-~'
AND MAAC PROJECT FOR GROUND MAINTENANCE AT LAUDERBACH
PARK (Director of Parks & Recreation)
The City has contracted out the maintenance of Lauderbach Park since
January 1985. The City's agreement with the Metropolitan Area Action
Council (MAAC) to provide the ground maintenance services at Lauderbach
Y 9 recommended that Council
Park needed to be renewed for F 198 -90. It was
adopt the resolution.
16. RESOLUTION 15168 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE NAUTICAL HERITAGE SOCIETY FOR THE DESIGNATION '
OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT OF THE
TALLSHIP CALIFORNIAN (Deputy City Manager)
In July of 1986, the City Council approved a three-year agreement with the
Nautical Heritage Society (NHS) designating Chula Vista as the Southern
Home Port of the State's official tailship, the Californian. That
MINUTES -7- July ll, 1989
contract expired on June 30, 1989. Included in the FY 1989-90
non-departmental budget was $25,000 to renew the agreement. The County of
San Diego recently approved $7,000 to offset part of the $25,000 annual
cost, and the remaining portion 1518,000) will be reimbursed by the
Redevelopment Agency. It was recommended that the project be continued
and that the Council adopt the resolution approvin9 the agreement.
17. RESOLUTION 15169 APPROVING AGREEMENT FOR PROFESSIONAL CONSULTANT
SERVICES FOR SALT CREEK RANCH II (Director of Planning)
It was previously agreed by the City Council that the Salt Creek Ranch II
project review would be a part of the Otay Ranch Project team's work. It
was agreed that the consultant hired for this project would also review
the Salt Creek Ranch II project. This team is now a joint City/County
project team. However, the review of Salt Creek Ranch II will be the
responsibility of the Chula Vista team members only. The Baldwin Company
will reimburse the City for the full cost of the consultant. It was
recommended that the Council approve the agreement with Robert Bein,
William Frost, and Associates and the Baldwin Company for professional
planning services.
18. RESOLUTION 15170 APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING
CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE
CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR
FISCAL YEAR 1989-90 IAssistant City Manager)
The City's negotiating team concluded a Memorandum of Understanding (MOU)
with the Western Council of Engineers which was ratified by their
membership. The MOU is for a one-year period beginning July 1, 1989 and
ending June 30, 1990. It was recommended the Council adopt the resolution.
19. RESOLUTION 15171 FINDING COMPENSATION OF UNREPRESENTED CITY EMPLOYEES
U~FIXED AND UNCERTAIN (City Manager)
Constitutional constraints surrounding the City's ability to alter
compensation of its employees after service has been rendered requires the
City Council adopt a resolution making the finding that compensation for
unrepresented City officers and employees is "unfixed and uncertain" on
and after July 1, 1989.
20. RESOLUTION 15180 EXTENDING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE BONITA SUNNYSIDE FIRE PROTECTION DISTRICT FOR
JOINT FIRE AND PROTECTION SERVICES (Assistant City
Manager)
Pulled from the Consent Calendar.
MINUTES -8- July ll, 1989
21. 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 {COUNTY ZONING) CLASSIFICATIONS TO THE
CITY CLASSIFICATIONS UTILIZED THROUGHOUT CHULA VISTA -
SECOND READING AND ADOPTION (Director of Planning)
This proposal involved the reclassification of the Castle Park "A"
Subcommunity of the Montgomery Specific Plan which area is generally
bounded by "L" Street on the north, Broadway on the west, Oxford Street on
the south, and Fourth Avenue on the east. It will convert the existing
City-adopted County zoning to the City zoning classifications.
22. ORDINANCE AMENDING SECTIONS 2.52.040 AND 2.52.060 AND ADDING
SECTIONS 2.52.105 AND 2.52.165 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION
PROHIBITION, DISQUALIFICATION AND DISCLOSURE FIRST
READING {City Attorney)
Pulled from the Consent Calendar.
23. REPORT: INVOLVEMENT AS AN ASSOCIATE MEMBER IN AN INTERNATIONAL/JOINT
VENTURE WITH THE PEOPLE'S REPUBLIC OF CHINA {Director of Parks &
Recreation)
Pulled from the Consent Calendar.
END OF CONSENT CALENDAR
Mayor Cox noted that a request for continuance of Item 22 was received,
therefore, this item was discussed at this time.
22. ORDINANCE AMENDING SECTIONS 2.52.040 AND 2.52.060 AND ADDING
SECTIONS 2.52.105 AND 2.52.165 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTION
PROHIBITION, DISQUALIFICATION AND DISCLOSURE - FIRST
READING {City Attorney}
The proposed ordinance would:
1. Aggregate contributions from officers and agents of an organization
and require abstention if they total more than $250;
2. Extend the period for which a Councilmember must abstain when the
aggregated contribution exceeds $250 to the Councilmember's entire
term of office;
3. Suspend the limit on campaign contributions when a candidate
contributes $5,000 or more of his or her personal funds to the
campaign; and
4. Clarify and emphasize the prohibition against "coerced" contributions.
MINUTES -9- July ll, 1989
MOTION
MSU"~'O{'[Moore/Cox) defer this item to a joint meeting of the Council and Charter
Review Committee.
Mayor Cox asked that the Council Secretary arrange a convenient meeting date
and time for both entities as soon as possible.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBLIC HEARING VECTOR CONTROL SERVICES DISTRICT (Principal ~!anagement
Assistant)
RESOLUTION 15172 CONSENTING TO INCLUSION IN THE SAN DIEGO COUNTY VECTOR
CONTROL SERVICES ESTABLISHED PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 25842.5
Effective July 1, 1989, the San Diego County Board of Supervisors placed
vector control services under the powers of a Vector Control District.
Expansion of services extends rat control and fly control services to all
areas of the County, and expands mosquito control and vector-borne disease
surveillance services to meet increased demands. Cities wishing to
participate in the district must adopt resolutions of inclusion.
This being the time and place advertised, Mayor Cox declared the public
hearing open.
Assistant City Manager Asmus reported the Chamber of Commerce had
expressed some concern regarding this item due to the fact they had been
unable to study this matter in detail. However, the Chamber has now
informed Mr. Asmus that they do not have a problem with the program and do
not have objections if the Council moves forward on this item.
Mr. Paul L. Green, Sr., 141 Lotus Drive, Chula Vista, 92011 commented that
he has been storing cars for over 20 years in a shed on his property. The
City recently removed these cars from his property and found rodent
droppings inside. He suggested if the City was concerned about the
"pests" in the shed, that instead of removing his property, he be
contacted to exterminate the "pests."
Councilwoman McCandliss asked if this program is approved, what kind of
services can be expected and how are the services accessed by a resident.
Mr. Moise Mizrahi, Chief of Vector Control Division, Department of Heal th
Services, reported the program being proposed goes well beyond rodent
control. It includes mosquito control and vector-borne disease
surveillance. Specifically, when a particular resident would have a rat
problem, normally the rat problem would not be limited to that .particular
residence. It is basically a neighborhood problem. A technician would he
sent to respond to the initial call. From that point, the investigation
would be extended to determine where the rats are nesting, what conditions
MINUTES -lO- July ll, 1989
are present that cause them to be there, and provide a coordinated
education program so that the conditions that allow the rats to be there
can be eliminated. Likewise, with mosquito control the area would be
investigated to determine where the mosquito breeding is occurring and
make every effort to eliminate the breeding. Mr. Mizrahi further noted
the proposed program is preventative.
Member McCandliss noted there is a service charge per year that every
homeowner will have to pay. Will there be any additional charge? Mr.
Mizrahi responded no, and that the service charge rate before the Council
is planned to be reduced in the second year.
Councilman Malcolm stated he is concerned because he believes this is a
tax that the Council is considering putting on the residents of Chula
Vista. He further stated the taxing system is extremely unfair. The
county has concerns about the system but do not know what else to do. He
believes the commercial tenants and industrial users ought to pay their
fair share based upon assessed valuation.
Councilman Moore had questions concerning the enforcement of the program.
Mr. Mizrahi commented the service charge per year per household is the
fourth lowest in the State. San Diego County is the next to the 1 ast
County in the State to move in the direction of a district concept for
vector control. The County did not create the method of funding. The
method of funding is prescribed in the Health and Safety Code. In
discussions with the City/County Managers Association, that group with
staff agreed that each of the cities will have policy level input in terms
of service levels and service charges annually. On a per capita basis,
the service charge is approximately one-half cent per day.
Regarding enforcement, Mr. Mizrahi stated the idea behind the program is
to prevent the problem. The proposal looks to augment the staff from a
level of 24 to a level of 47 so that services can be expanded. The
program is aimed at field services. Along with the powers of a Vector
Control District, the Health and Safety Code does allow enforcement and
does require compliance.
Councilman Nader commented he has the same concerns raised regarding the
rate structure. Are the rates set or does the City, as a participant in
the district, have any authority to set the level of contribution in
accord with what is required by the County, but to vary the distribution
of rates? City Attorney Harron responded the City's right is to either
consent to join in the district or not to join.
Councilman Nader stated he would like the Council to take action to
communicate to the County the desire that the rate structure be changed
within the next year. He is concerned particularly with the mobile home
assessment. Mr. Asmus noted the County has expressed the same concerns
regarding the rate structure and staff has received some assurances that
the County will work with the cities in the next year to try to correct
the inequities,
MINUTES -ll- July ll, 1989
Responding to questions raised by Councilwoman McCandliss, Mr. Mizrahi
stated the 1986 outbreak of malaria in San Diego County was the largest in
the United States of locally acquired malaria since 1953 only to be
exceeded in 1988 with an even larger outbreak. The mosquito vector is
found throughout the County including Chula Vista.
Mr. Mizrahi pointed out corrections to figures given for the total amount
of money the different cities will pay. The actual charge for Chula Vista
is $143,000; Solana Beach is $27,000; Oceanside is $181,000. The level is
commensurate with the equivalent assessment units (basically equivalent to
po ulation levels). The budget has been reduced from $3.6 million to $3.2
million.
Mr. Green further addressed the Council on this issue. He suggested with
regard to the recent removal of vehicles from his property that: I1)
there be a fair and equitable cost recovery method; (2) he should be
required to empty future storage sheds to seek proof of rat harborage and
produce an abatement plan; (3) do not eliminate the rat population control
method of "cats" from the neighborhood without due cause.
Mr. James L. Fraser, 444 Anita, No. 101, Chula Vista, stated he is a
licensed health professional. He commented the malaria-carrying mosquito
is present throughout the southwest. He commented that he believes the
vector problem is in Tijuana in the river bottom and as people enter the
county from Central America the problem spreads.
There being no other members of the public wishing to address the Council
on this matter, Mayor Cox declared the public hearing closed.
Mayor Cox commented that the reality of the situation is that there are
not adequate funds available for the County to perform the type of
function necessary. He commented whatever type of assessment formula is
developed, there will be inequities. There is a need to look at how the
assessments were developed.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent.
Councilwoman McCandliss stated she is employed by the Department of Health
Services, however, she has no involvement with Environmental Health
Services and, as determined by the City Attorney, she has no conflict of
interest.
VOTE ON RESOLUTION
The resolution was approved. (The vote was 4-1; Councilman Malcolm
opposed.)
MINUTES -12- July ll, 1989
MOTION
MSC [eox/Moore) ask that the San Diego County City Managers Association
work with the County staff and County Board of Supervisors to review the
assessment charges for the district; expressing the Council's concern
regarding the assessment. (The vote was 4-0; Councilman Nader was not
present for the vote.)
Councilmembers Moore and McCandliss suggested information on this matter
be sent to the residents via the Chula Vista Quarterly, including how
residents can access the service,
24a. PUBLIC HEARING: GENERAL PLAN UPDATE
A. RESOLUTION 15173 CERTIFYING THE FINAL EIR-88-2, GENERAL PLAN/~Y
UPDATE
Mayor Cox noted this public hearing was continued from July 10, 1989.
Mayor Cox declared the public hearing reopened.
Mayor Cox pointed out this item was originally docketed for consideration
by the City Council on June 20. At the beginning of that public hearing
which was subsequently continued to July 10, he brought up the fact that
he and Councilman Moore were invited to view the Olympic Training Center
that is existing in Colorado Springs, Colorado in August, 1988. The
invitation was extended at the request of David Nielson, Executive Vice
President of San Diego National Sports Training Foundation. Subsequent to
that trip, he and Councilman Moore discovered that because the value of
that trip was more than $250, they will not be able to participate in
discussions on the EIR or those items that would deal with the Olympic
Training Center until a period of one year after the date of that trip.
Deputy City Manager Krempl used the overhead projector to demonstrate the
comparison of change in designation of zones in the central portion of the
City. He pointed out there is a considerable amount of area that is now
zoned R-3. A rough estimate is that one-third of the area zoned R-3 would
be down-zoned in the central Chula Vista area and a small percentage would
be up-zoned. The same circumstance exists for the area south of "L"
Street which includes the Montgomery Specific Plan.
Mr. Krempl reported concerns raised by Mr. Bob Campbell at the meeting of
July 10 were addressed in the staff recommendation. Mr. Campbell was
concerned that the draft General Plan showed the lower Sweetwater area as
Medium Density Residential with a Special Study Area designation. Mr.
Campbell argued that i t was premature to determine what the General Plan
designation should be for this area until the Council has had the
opportunity to review the EIR in the specific project proposal on that
property. Mr. Campbell believed the property, in terms of the General
Plan designation, should remain Parks and Open Space as it is on the
existing Chula Vista 1990 Plan with a Special Study designation. Mr.
Krempl added that staff concurs with Mr. Campbell and recommends this
change.
MINUTES -13- July ll, 1989
Mr. Peter WatLv, 81 Second Avenue, Chula Vista, stated he supported the
comments made by Mr. Krempl regarding the lower Sweetwater area.
Mr. Bob Santos, 900 Lane Avenue, Suite 100, Chula Vista 92033,
representing EastLake Development Co., clarified an issue before the
Council regarding the Olympic Training Center alternative. The staff
report indicates that the Olympic Training Center can be separated from
the alternative and shown on the General Plan, and that this would
represent the actual vision of the future for that part of Chula Vista.
Mr. Santos emphasized that the Olympic Training Center alternative studied
in the EIR accurately represents the Olympic Training Center proposal that
is advancing to the City Council in the next couple of months. By taking
the Center and extracting it from the alternative and putting it on the
Plan is a misrepresentation of the actual proposal that is advancing. It
also misrepresents the environmental studies that were done in the context
of the EIR. The Center alternative evaluated the environmental impacts of
the Center facility and the adjacent uses and that is an important element
of the General Plan before the Council. Mr. Santos asked that the Olympic
Training Center alternative be incorporated into the Plan being considered
at this time.
Mr. Krempl responded to questions and stated staff believes an Olympic
Training Center site can be designated on the General Plan and there are
numerous options in terms of the adjoining land use that might be shown on
the General Plan.
Mr. Paul Greene, Sr., 141 Lotus Drive, Chula Vista, expressed his concern
that all five councilmembers will not be able to participate in
discussions on this matter. He was also concerned that the General Plan
would change the zoning in the area where he lives (previously part of the
County).
Mr. Bud Pocklington, 656 Glover Place, Chula Vista, stated there was one
item in addition to what he addressed at the meeting of July 10, and that
issue is crime. This is another reason why he believes there needs to be
a hold on high density.
There being no others present wishing to address the Council on this item,
Mayor Cox declared the public hearing closed.
Councilmember Malcolm presented a map he requested to be prepared that
graphically demonstrates that there is very little high-density
(multi-family) designation east of 1-805. The bulk of the high-density
(multi-family) designation is in Western Chula Vista. He noted a concern
that this is building a problem of two separate cities, one side east of
1-805 being more exclusive and one side west of 1-805 being high-density
and lower income. He further stated one of the biggest problems that will
be facing the City is housing the aging population, and housing that is
affordable. The General Plan does not address this issue.
MINUTES ~14- July ll, 1989
Councilman Malcolm further pointed out that there is less high-density
areas in the updated General Plan. However, without changing the zoning,
people can still build based upon the old rezoning. He noted past
experience has shown it may take several years to change the zoning. The
rezoni ng needs to be done immediately.
Councilman Malcolm stated he believes the Council needs to do the
following after the General Plan is adopted: (1) direct staff to
immediately implement the changes in rezoning, and {2) look at
possibilities throughout the City that will provide quality housing at an
affordable price for both young families as well as the aging population.
Responding to questions, Mr. Harron stated that what was done in
Montgomery with regard to the Specific Plan (before the new zoning was
changed) was that whenever the zoning was inconsistent with the new
Specific Plan, the Specific Plan would supersede. The same thing could be
done for the General Plan in the interim period until the rezoning
hearings are completed. Councilman Nader asked if it is necessary to
direct staff to bring back an ordinance to take the action suggested by
Mr. Harron. Mr. Harron responded he believes this should be done.
Councilman Malcolm stated it is necessary for him to abstain from voting
on this matter due to a conflict of interest.
Mr. Harron stated there are three councilmembers who have a conflict of
interest regarding resolution A. The law requires that one member be
brought back by lottery. A flip of the coin determined that Mayor Cox
would vote on this resolution.
Councilmember Nader commented the General Plan update would involve
unmitigatable environmental impacts to the City. Those include impacts to
traffic congestion, air quality, possible impacts to water supply, impacts
that affect the daily quality of life of every citizen of Chula Vista. He
commented a lot depends on who sits on the Council at any given time as to
how this plan is implemented. This decision on the General Plan is in his
opinion the most important decision made by this Council in the history of
the City. Councilmember Nader read comments presented to the Planning
Commission by a citizen of Chula Vista, Mr. Doug Adriance. These comments
summarized his concerns. His primary concern with the Plan before the
Council and with the EIR is that there is not the kind of assurances that
responsible implementation will occur.
Councilmember Nader further commented one of the alternatives that was to
be analyzed in the EIR was designated "The Reduced Urban Land Use
Designation" alternative. Although this alternative was briefly
discussed, it was never really formulated. He would like to see that
alternative analyzed further. He was inclined to move to refer the EIR
back to staff for further analysis of the lower intensity alternative and
further analysis of policies that might be written into the General Plan
to assure that future growth does not create unmitigated serious impacts
for the quality of life of the citizens.
MINUTES ~15- July ll, 1989
MS. Betty Dehoney, P&D Technology, clarified how the alternative in
question was designed. Because there were identified site specific
significant environmental impacts associated with the loss of agriculture
and the major sensitive biological resources in the undeveloped areas, the
basic understanding for the alternative was the reduction of development
in these areas. Because site specific reconnaissance has not been
completed for the majority of this area, the quantification of the
habitats (sensitive biological resources) and the quantification of the
amount of that habitat cannot be determined at this time. It was
anticipated that it was a fairly large amount of the area in the eastern
territory and the retention of that area in an undeveloped state would
result in a major reduction in the associated impacts. Environmental
Review Coordinator Reid added that CEQA requires EIRs to focus on
alternatives that are feasible and it was believed that this alternative
was infeasible.
Responding to further questions, Ms. Dehoney stated it is the opinion of
P&D that the EIR evaluates the impacts cumulatively. The implementation
of the General Plan will result in a cumulatively significant
environmental impact. It is based on what is anticipated as the worst
case analysis.
Mr. Krempl added that with the updated General Plan the threshold
standards remain, Proposition V remains, and those will be implemented.
If there is a potential to violate any of the threshold standards, it
would mean a project would be approved at the low end of the density range
within the General Plan.
Councilmember Nader asked staff to summarize the overriding considerations
that are the legal basis for justifying significant and unmitigable
environmental impacts. Ms. Dehoney stated the impacts are considered
unavoidable because the majority of the planning area includes a
substantial area that is undeveloped and any future development will
result in alteration. The overriding consideration then becomes the
social, economic, employment opportunities, housing opportunities, the
growth opportunities and the benefits of the future growth.
Responding to Councilwoman McCandliss, Mr. Harron stated adopting these
findings would not preclude the Council from regulating or restricting
development in order to protect the environment. It would allow the
Council to approve a development if desired despite the environmental
impact.
Councilwoman McCandliss clarified that if the Council adopted the EIR and
other documents, then through further reinforcement of threshold standards
and an approval of a growth management element, the Council could set down
guidelines and policies on the progress of development that will mitigate
and lessen or decrease completely the impacts described. Mr. Harron
stated this is correct.
MINUTES -16- July ll, 1989
RESOLUTION (A) OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent.
SUBSTITUTE MOTION
M (Nader) refer EIR back to staff to provide more development of the less
intensive alternatives.
The motion died for lack of a second.
AMENDMENT TO RESOLUTION
MS (Nader/McCandliss) amend the resolution to adopt the EIR but request
staff return to the Council independently with additional information as
to the expected change in the impacts forecasted in the EIR if lower
densities were to be targeted for development. Also, return with
additional information as to any specific changes, short of abandoning all
eastern development, which might be at odds with the proposed General Plan
but would further mitigate some of the impacts identified in the EIR.
Mayor Cox stated he would not support this amendment. A lot of time and
effort has been spent on the General Plan and he is comfortable with the
EIR.
VOTE ON AMENDMENT TO RESOLUTION
The motion failed. {The vote was 2-1; Mayor Cox opposed; Councilmembers
Moore and Malcolm abstained due to conflict of interests.)
VOTE ON RESOLUTION
The resolution was not approved. (The vote was 2-1; Councilman Nader
opposed; Councilmemb~ Moore and Malcolm abstained due to conflict of
interests.)
Mr. Reid reported the additional information requested by Councilman Nader
would cost approximately $15,000 to $25,000 and the time frame involved
would be approximately 90 days.
Mayor Cox suggested referring the question of the additional information
requested and the cost involved to staff and return at the next Council
meeting with a better definition of costs and time involved. This is with
the understanding the Council takes action on the EIR at this meeting.
MOTION
MS T~ader/McCandliss) direct staff to bring back at a later time
additional information as to the anticipated difference in air, water and
traffic impacts if development occurs at different intensities from those
forecasted in the EIR.
Councilman Nader stated it is his desire that if the cost involved exceeds
$15,000, staff is to return to the Council.
MINUTES -17- July ll, 1989
VOTE ON MOTION
The motion passed. (The vote was 3-0; Councilmembers Moore and Malcolm
abstained due to conflict of interests.)
RESOLUTION (A) OFFERED BY MAYOR COX, the reading of the text was waived
unanimously, passed and was approved. (The vote was 3-0; Councilmembers
Moore and Malcolm abstained due to conflict of interests.)
B. RESOLUTION 15174 CHANGING THE LAND USE DESIGNATION FOR A PORTION
OF THE NORTHERLY SECTION OF RANCHO SAN MIGUEL
TO LOW RESIDENTIAL (0-3 du/ac) AS SHOWN IN THE
GENERAL PLAN ALTERNATIVE EXCLUDING THE QUARTER
ACRE LOTS AND THE BED AND BREAKFAST INN
Mayor Cox stated he does not have a problem with the staff recommendation
concerning the quarter acre lots, however, he does believe there is value
in having the opportunity to pursue in greater detail the Bed and
Breakfast Inn.
MOTION
~x/Nader) amend the resolution to delete the exclusion of the Bed and
Breakfast Inn and include it in the General Plan alternative.
Councilwoman McCandliss stated that before she would be willing to include
the concept of a Bed and Breakfast Inn in the General Plan, the concept
needs more development and review. Given that additional information,
this concept could be included in a future General Plan amendment. She
believes it is premature to include it at this time.
VOTE ON MOTION
The motion passed. (The vote was 3-1; Councilmember McCandliss opposed;
Councilmember Malcolm abstained due to conflict of interest.)
C. RESOLUTION 15175 CHANGING THE LAND USE DESIGNATION FOR THE
154-ACRE OLYMPIC TRAINING CENTER SITE BUT
DEFERRING CONSIDERATION OF THE BALANCE OF THE
EASTLAKE III ALTERNATIVE.
RESOLUTION OFFERED BY COUNCILMEMBER NADER, the reading of the text was
waived by unanimous consent, passed and was approved. (The vote was 3-0;
Mayor Cox and Councilmember Moore abstained due to conflict of interests.}
D. RESOLUTION 15176 REPEALING THE EXISTING GENERAL PLAN (EXCEPT FOR
THE HOUSING ELEMENT) AND ADOPTING THE CHULA
VISTA GENERAL PLAN UPDATE.
Mayor Cox read the modifications to be included in the resolution.
(1) The text and map modifications contained in Attachment 3 of the June
20, 1989, staff report.
MINUTES -18- July ll, 1989
{2) The errata sheet changes contained in July 3, 1989, staff report.
(3) The Library text additions to the Public Facilities Element contained
in the July 3, 1989, staff report except for the planning and design
guidelines (2-8} having to do with books per capita and staffing.
(4) The reconsideration of two policies of the Land Use Element as
follows:
Sections 6.2 and 6.3 of the Land Use Element (Exceeding Target
Residential Densities and clustering of Residential Development)
should be adopted as interim-only policies. This would allow
the EastLake Greens Project to continue to be processed. The
interim adoption is in no way intended to presume upon a
favorable action on EastLake Greens.
- In addition, Sections 6.2 and 6.3 should be referred back to
staff and to a broadly based task force for review, restudy and
recommendations for possible modification. This is to be
accomplished in a timely fashion. It is understood this will be
accomplished and considered by Council before any new major
project potentially affected by these policies is brought
forward for public hearing consideration.
(5) The reconsideration of the 39.54-acre Beckett property and lO-acre
Shattuck Trust Property (outparcels in the vicinity of Rancho San
Miguel) to a future General Plan Amendment Hearing without fee.
(6) Change in designation for the First United Methodist Church at the
southwest corner of Third Avenue and "J" Street from public and
quasi- public to professional and administrative Commercial
consistent with the designation of the current Chula Vista General
Plan 1990.
(7) Change in designation of the Lower Sweetwater Area from the proposed
Medium Density Residential (6-11 du/ac) with a Special Study
Designation to Public and Open Space with a Special Study Designation
pending the outcome of an EIR, GPA, and Rezone currently processing
in the property.
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent.
Councilmember Malcolm stated he would like to make recommendations on
changes on the General P1 an. One recommendation is the SDG&E property on
the Bayfront. SDG&E is planning an augmentation of the plant. Mr.
Malcolm was informed by an Executive Vice President of SDG&E that they are
presently planning to process a major new plant adjacent to the existing
plant. That area, instead of being heavy industrial, ought to be rezoned,
thereby creating some problems for SDG&E when they want to go ahead with
MINUTES -19- July ll, 1989
the augmentation and major expansion. This is land that should be opened
up to the public as soon as possible. He believes this area should be
rezoned and have SDG&E continue to operate as a non-conforming use.
MOTION
~Malcolm/McCandliss) change the zoning on the property where SDG&E is
located on the Bayfront to a Visitor Serving Commercial designation.
Due to the length of the meeting and a number of people present waiting to
address the Council under Oral Conmnunications, the Council trailed the
remaining resolutions on the public hearing following Oral Communications.
25. ORAL COMMUNICATIONS
Ms. Clara Welch, 288 F Street, Chula Vista was present representing the
residents of Congregational Tower. She stated they are having problems
that are at a crisis stage and they are seeking the Council's help. (1)
The signal at Third Avenue and F Street is presenting a problem in that it
does not give senior citizens enough time to cross the street. (2) They
are having problems with young people harassing the elderly with slurs and
threats (while walking in this area), also being disturbed by bicycles and
skateboards creating dangerous situations.
MOTION
MS"~'T'CT6x/Nader) Refer this item to staff to coordinate with the Downtown
Association and the operators of Park Plaza at the Village, and
investigate the concerns raised regarding the adequacy of time to cross
Third Avenue and F Street at the traffic signal.
Ms. Welch stated they would like to have a lower speed limit in a four
square block around the corner of F Street and Third Avenue.
Mayor Cox responded that the existing speed limit is 25 MPH and it is
doubtful that it could be lowered. However, it does raise the question of
enforcement and he would include this in the motion. Responding further,
he stated staff will be asked to look into including information on
ordinances, etc. in the Chula Vista Quarterly that would pertain to this
issue.
Councilmember Nader suggested that in addition to referring this matter to
staff, that it also be referred to the Safety Commission, Commission on
Aging and the Youth Commission.
This was included in the motion.
VOTE ON THE MOTION
The motion passed unanimously.
Ms. Evelyn L. Gillespie, 4052 Main Street, Chula Vista 92011, Volunteer
Director of Woodlawn Park Community Center, reported that in 1986 they
were allocated Community Development Block Grant funds to expand the
MINUTES -20- July ll, 1989
dining and kitchen areas of the center and to purchase adequate kitchen
appliances. Since that time they have met with City staff numerous times,
they have had bids to draw plans, soil tests, inspections, and have
obtained bids to purchase appliances. All of this has resulted only in
further delays. A few weeks ago a representative from HUD and City staff
visited the site. At that time she expressed her concern about the
kitchen equipment, the unsafe working conditions, the building's
corrections needed to satisfy the codes. Staff said they planned to buy
the equipment when the building was completed. The HUD representative
said it would be allowable to purchase the appliances now to avoid
interference with nutrition and other programs. She was then directed to
get more bids. The refrigerator and range are in extreme disrepair. As
of Monday, July 10, the Center was forced to cease operation of the Senior
Nutrition Program and the Summer Youth Lunch Program until they have
adequate equipment to work with, and until fire, health, and safety codes
are satisfied.
MOTION
MSUC (Cox/McCandliss) refer this item to staff with a report back to the
City Council on July 18, 1989. In the interim any steps that can be taken
to resolve the concerns raised are to be done immediately by staff.
Mr. Rick Short Tan, 55 Oxford, Chula Vista 92011, addressed the Council
regarding the effort to save a tree located at 466 Third Avenue. He
believes the tree is historical and rare. The tree is scheduled to be
removed at its location due to plans to build an office building at this
site. He made the Council aware of his efforts to save the tree.
Mr. Brian McCarroll, 464-1/2 Third Avenue, Chula Vista 92010, was also
present regarding the tree at 466 Third Avenue. The tree has been
identified as a Primrose. It is a rarity in that it has grown into a
full-fledged tree although the species is a bush. He urged the Council to
act to save the tree.
Councilmember Malcolm reported the lot in question is the one his brother
has planned on building an office building for quite some time. His
brother stated he will leave the tree in place until Monday, July 17,
1989, in,case someone would like to remove it. It would also be required
that the person removing the tree indemnify his brother. Councilman
Malcolm informed the Council that he would not participate on any vote
taken regarding this matter.
MOTION
MSC T~ader/Cox) refer this item to staff to work with the citizens that
have come before the Council at this meeting regarding the tree at 466
Third Avenue, and any other appropriate groups, to determine if Mr.
Malcolm's offer can be utilized and whether the City can offer some
assistance. A report to come back on Thursday, July 13, 1989. (The vote
was 4-1; Councilman Malcolm abstained.)
MINUTES -21- July ll, 1989
Mr. James L. Fraser, 444 Anita, No. lO1, Chula Vista 92011, made comments
regarding water pollution. He suggested putting in a water pipeline from
Lake Barrett to provide a source of water for Chula Vista if Sweetwater
Reservoir and Otay Lakes are poll uted.
Mr. Paul L. Greene, Sr. addressed the Council further regarding the
removal of vehicles from his property. He stated his intent to file a
suit against the City alleging violation of Government Code 815.6
{Liability on Failure to Discharge a Statutory Duty).
END OF ORAL COMMUNICATIONS
At this point, discussion continued regarding Resolution D under the General
Plan Update.
Councilmember Malcolm stated the southeast corner of H Street and Otay Lakes
Road is presently zoned for multi-family housing. He does not believe more
condominiums or apartments are needed there nor is it a good location for
housing units. He believes the appropriate zoning would be commercial.
MOTION
MSU'~t"{Malcolm/Nader) refer the southeast corner of H Street and Otay Lakes
Road to be designated as a Special Study Area.
Councilwoman McCandliss highlighted a portion of the Housing Element where it
states the City shall fully participate in the County's efforts to locate
Section 8 leased housing throughout the San Diego Region. It further states
that this participation will require Chula Vista to accept a pro rata share of
this type of federally-sponsored rent supplement housing. Ms. McCandliss
commented that rather than placing a requirement on the City that it will
automatically accept its share of this housing, it needs to be balanced with
what the other cities of the County are doing.
MOTION
MSUC (McCandliss/Moore) wording be developed to modify Objective 6 of the
Housing Element so that consideration will be given to the overall acceptance
of pro rata responsibility of other jurisdictions.
MOTION
MSC ~'~cCandliss/Nader) to include as a statement in the Housing Element that
the City will adopt policies that will protect mobilehomes as a resource for
low and moderate income housing. (The vote was 4-0; Councilmember Malcolm was
not present for the vote.)
Regarding Chula Vista Central, Section lO, Chula Vista Greenbelt, Councilwoman
McCandliss commented she would like to see a policy adopted that states the
City will work to develop parks, and open area on the western side of the City
in addition to the greenbelt and the Bayfront.
MOTION
M"~'C'[McCandliss/Nader) include the goal to identify areas for open space and
park development on the western side of the City.
MINUTES -22- July ll, 1989
MOTION
MSU'~'~'[Cox/Nader) that there be a listing of the Sweetwater Marsh, Chula Vista
Harbor, Nature Interpretive Center, etc. to be referenced in Chapter 10 as
resources for the City.
MOTION
MSUC (McCandliss/Nader) to delete the 6~lane alternative for H Street and
refer it back to staff for review of the impacts of maintaining the 4-lanes
from Third Avenue to Hilltop.
MOTION
MSC (McCandliss/Nader) that in the referral to the Planning Commission of
Policies 6.2 and 6.3 of the Land Use Element to include pages 1-11 to 1-27 for
re-analysis. {The vote was 3-1; Councilman Moore opposed; Councilman Malcolm
not present for the vote.)
Responding to questions of Councilwoman McCandliss regarding Growth
Management, Mr. Krempl stated the City is pursuing the growth management
techniques existing through the threshold, the Transportation Phasing Plan,
provision of public facilities consistent with Proposition V, etc.
Mr. Krempl stated in the General Plan is the philosophy and policy that the
intensity of development is tied to the adequacy of public facilities on a
cumulative basis and on a project level basis. The issue of development
phasing, public facility phasing and rate of development is an issue that
appropriately would be dealt with in a Growth Management Plan.
MOTION
~S {Nader/McCandliss) add policy statements in the General Plan: (1) be in
conformance with a state implementation plan which has been certified by EPA
to be designed to meet air quality standards for the region; {2) it is a
policy not to allow depletion of the water supply for the region to affect the
quality of life of existing citizens; (3) a policy statement to abide by the
Threshold Ordinance and Proposition V in all respects.
Councilwoman McCandliss requested item number one in the motion be removed to
be referred to staff.
Councilmember Nader suggested including the items mentioned in the motion as
part of the Growth Management Element to be brought back to the Council.
SUBSTITUTE MOTION
MSC (Nader/McCandliss) when the Growth Management Element comes back to
Council that the following three items be included:
(1) Be in conformance with a state implementation plan which has been
certified by EPA to be designed to meet air quality standards for the
region.
MINUTES -23- July ll, 1989
{2) Policy not to allow depletion of the water supply for the region to
affect the quality of life of existing citizens.
{3) Policy statement to abide by the Threshold Ordinance and Proposition
V in all respects.
{The vote was 4-0; Councilmember Malcolm was not present for the vote.)
MOTION
MSC ~'~ader/McCandliss) direct staff to include as a goal transit express lines
that would include destinations that serve primarily youth and senior
citizens. {The vote was 4-0; Councilmember Malcolm was not present for the
vote.)
MOTION
~lmember Nader moved to refer to staff for a report back as to what
policies they recommend to (1) assure there is no year in which implementation
of the General Plan would result in a revenue drain to the City; and {2)
following policy (1) is not dependent on the City at any time lagging behind
other comparable Jurisdictions in either personnel salaries or levels of
service.
Mr. Krempl noted there is a recommendation made by the City Manager that ties
into this motion, that the fiscal impact model be referred back to staff to
prepare specific recommendations on implementation for the final forecasting
model so that it could be used on an annual basis in considering budget
preparation.
SUBSTITUTE MOTION
MSC (Nader/McCandliss) to adopt the above recommendation with the inclusion of
the item concerning the appropriateness of using the CPI in regard to
personnel costs. (The vote was 4-0; Councilman Malcolm was not present for
the vote.)
MS {Nader/McCandliss) put back into the modifications the item dealing with
the library. This is to reinserr the planning and design guidelines 2
through 8.
Mayor Cox commented he will vote against the motion. This would involve more
specificity than is necessary.
Councilmember Moore al so commented he believes this motion to be inappropriate.
AMENDED MOTION
MS (Nader/McCandliss) reinsert the books per capita criteria in the
modifications. (The motion failed. The vote was 2-2; Mayor Cox and
Councilmember Moore opposed; Councilmember Malcolm not present for the vote.)
MINUTES -24- July ll, 1989
D. RESOLUTION 15176 REPEALING THE EXISTING GENERAL PLAN (EXCEPT FOR THE
HOUSING ELEMENT) AND ADOPTING THE CHULA VISTA GENERAL
PLAN UPDATE
RESOLUTION OFFERED AS AMENDED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and was approved. (The vote was 4-0;
Councilmember Malcolm was not present for the vote.
E. RESOLUTION 15177 ADOPTING FINDINGS RELATIVE TO SECTION 21081 OF CEQA
AND STATEMENT OF OVERRIDING CONSIDERATIONS
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and was approved. (The vote was 3-1; Councilman
Nader opposed; Councilman Malcolm not present for the vote.)
F. RESOLUTION 15178 ADOPTING THE MITIGATION MONITORING PLAN
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived by
unanimous consent, passed and was approved. {The vote was 4-0;
Councilmember Malcolm was not present for the vote.)
MOTION
MSC (Cox/McCandliss) the method of referring discretionary application
requests to the Water Districts be reviewed to ensure that comments on land
use changes are requested, at appropriate times, from the staff and water
boards. (The vote was 4-0; Councilmember Malcolm was not present for the
vote.)
The City Council recessed at 11:30 p.m. The meeting reconvened at 11:40 p.m.
PULLED ITEMS
14. RESOLUTION 15179 GRANTING PERMISSION FOR STREET CLOSURES TO ENABLE THE
CHULA VISTA CHAMBER OF COMMERCE JAYCEES AND THE CHULA
VISTA DOWNTOWN BUSINESS ASSOCIATION TO CONDUCT SPECIAL
EVENTS {Director of Parks & Recreation)
The Chula Vista Jaycees and the Chula Vista Downtown Business Association
requested permission for street closures to conduct separate special
events on Saturday, October 21, 1989.
Director of Parks & Recreation Mollinedo reported the Chula Vista Jaycees
have amended their proposal for the route in which the parade would be
conducted and it would be going along Third Avenue in accordance with the
original recommendation of the Parks & Recreation Department.
Jonnie Laughlin, 369 Palomar Drive, Chula Vista, 92010, representing the
Chula Vista Jaycees, stated they were unable to move the parade to any
other date (other than October 21) due to the band competition. With the
new route, there would not be a problem with having the parade on October
21.
MINUTES -25- July ll, 1989
Councilmember Moore recommended closing the north side of Park Way for the
parade.
MSC (Nader/Cox) adopt staff recommendations as follows:
(1) Approve, subject to staff conditions, the Downtown Business
Association's request for street closure, waiver of sidewalk sales
ordinance, business license requirements, and use of City equipment
for October 21, 1989; and
(2) Allow, subject to staff conditions, the Chula Vista Jaycees to
conduct the Fiesta de La Luna Parade on October 21, 1989 with the new
proposed route.
(The vote was 4-0; Councilmember Malcolm was not present for the vote.)
RESOLUTION OFFERED BY COUNCILMEMBER NADER, the reading of the text was
waived by unanimous consent, passed and was approved. (The vote was 4-0;
Councilmember Malcolm was not present for the vote.)
20. RESOLUTION 15180 EXTENDING AN AGREEMENT BETWEEN THE CIl~f OF CHULA VISTA
AND THE BONITA SUNNYSIDE FIRE PROTECTION DISTRICT FOP
JOINT FIRE PROTECTION SERVICES {Assistant City Manager)
The agreement for joint fire protection services needed to be amended to
provide the parties sufficient time to negotiate how future automatic aid
services will be accommodated.
Mr. Tom Pocklington, 3210 Kennelworth Lane, Bonita, 92002, representing
the Sweetwater Valley Civic Association, reported it came to their
attention that the City of Chula Vista had vacated the contract for fire
protection payments for the 1989-90 budget which was established in 1963.
In 1978, a second agreement was entered into called Automatic Aid which is
beneficial to all residents of Bonita and Chula Vista. His organization
fully supports automatic aid. However, the City of Chula Vista now wants
to cancel the original agreement saying Bonita has had adequate time to
recoup losses. His organization encourages the continuation of the
support of the fee for contract services as originally established. They
ask the City to assume their fair share of the cost of providing life
saving protection for the citizens of Chula Vista.
Ms. Kathryn Adams, 3205 Bonita Mesa Road, Bonita 92002, noted the growth
that is occurring in the Bonita and Chula Vista area that is affecting the
Bonita Sunnyside Fire District and is putting an excessive burden on
Bonita residents.
Mayor Cox stated that what is before the Council is an agreement to
continue the existing contract with no financial consideration for an
interim period of time. There is a meeting scheduled for next week to go
over a possible proposed phase out of the financial consideration. During
MINUTES -26- July ll, 1989
the budget sessions in June, the Council did add money back into the
budget for the next year predicated on a proposal that instead of doing an
immediate dropping of the financial considerations of the contract, that
there be a three-year phase out. This will be considered at the upcoming
scheduled meeting with parties involved.
Mayor Cox further commented that both Chula Vista and Bonita Sunnyside
Fire District benefit as a result of Automatic Aid and this is something
he would like to see continued.
RESOLUTION OFFERED BY COUNCILMEMBER MOORE, the reading of the text was
waived by unanimous consent, passed and was approved. (The vote was 4-0;
Councilmember Malcolm was not present for the vote.)
12. REPORT: CABLE TV SERVICE TO PRIVATE PROPERTY (Director of Public Works)
At the meeting of June 13, Council considered a report on Cable TV service
to private property which resul ted from a dispute between U1 tronics and
Rancho del Rey properties. The Council continued this item for four weeks
to have staff address the additional issues of three or more cable
companies serving the City, and the feasibility of requiring flush-mounted
utility service boxes.
Director of Public Works Lippitt reported a letter was received on this
date from Rancho del Rey and it indicated they would like a continuation
of this item. Rancho del Rey believes that if more than two companies are
serving a neighborhood, a situation develops where there could be too many
cables to be served in the same trench as the other utilities.
Councilmember Moore noted his concern with government being involved in
this issue to any high degree. The government should be involved to the
degree of protecting government facilities, and the aesthetics involved.
However, what takes place on private property should be between the
business entities and the property owners.
Mr. Martin Altbaum, President of Chula Vista Cable, commented the idea
behind his company's involvement is to provide competition. He would
welcome the competition of a third cable company that has now become
involved. The only problem is that if there is one pipe and 2-3 companies
share it and something happens to it on private property, who will pay to
repair it. The simplest way would be to have one pipe for each company.
He asked the Council to not let McMillin Corporation grade and put slabs
for homes while a decision is still being made as to whether one or more
penetrations will be allowed for cable.
Mr. Steve Gautiereaux, Vice President of Operations for Cox Cable, stated
they support the staff's recommendation and specifically support
Alternative 2 which requires a separate conduit system placed by both
cable companies at their expense.
MINUTES -27- July ll, 1989
Mr. Donnie Clark, Vice President of Development for Jones Intercable,
Inc., stated that are presently seeking a franchise in Chula Vista. They
would like to be afforded the same competitive opportunity as the two
existing cable operators. At this point, the Rancho del Rey project is
not too far along and there is an opportunity to still have cable laid in
the trenches.
Mr. Ed Elliott, Vice President of Development Engineering for McMillin
Communities, stated that on June 13 he asked that this item be continued
to allow a thorough investigation of the problems that are not being
brought forward and understood clearly. He pointed out that as the
builder he is required to dig a utility trench for the electric company.
The local utility company sets the specifications for that. The room
remaining for TV and telephone lines, which are considered foreign
utilities to that specification, is very limited. He believes that
physically there is not room in the standard trench to handle the third
cable franchise. He stated McMillin is willing to provide three "sweeps"
in the model homes that are due to come out of plan check in July and
August. It will be approximately mid-October before they start their
production housing, He, therefore, requests this issue to be continued
for 30-60 days, for adequate and complete study.
Councilmember McCandliss commented that she does not have a problem with
continuing the major issues for further review and discussion and
suggested setting a workshop to go through the issues in detail. However,
on an interim level, she would like to move forward with Staff
Recommendation A, to allow two conduits to be installed by the developer
if material is provided by cable TV company.
MOTION
MS~Candliss/Nader) to allow, on an interim basis, Alternative 2 (dual
conduit, if conduit is provided by cable company), and refer back to staff
for further analysis of the flush-mounting, and a recommended alternative
should three or more companies serve a single neighborhood.
Mr. Ben Blackman, General Manager for Jones Intercable, commented there
are many issues remaining that have not yet been discussed or brought
forward. He asked for a continuance of this item.
VOTE ON MOTION
The motion passed. (The vote was 4-0; Councilmember Malcolm was not
present for the vote.)
MOTION
MS'[e"CCox/McCandliss} to schedule a Council Conference on August 24 to deal
with this issue. (The vote was 4-0; Councilmember Malcolm was not present
for the vote.}
3. a. REQUEST FOR RESPONSE TO CONCERNS REGARDING TRACKLESS TROLLEYS
Andrew C. Delgado, 1173 Del Prado Court, Chula Vista 92010
MINUTES -28- July ll, 1989
Councilmember McCandliss stated that in addition to this letter she
has received complaints regarding the hardness of the seats and that
they are slippery. Because of the way the seats are made, during
emergency stops, people are being thrown to the floor.
MOTION
MSC (McCandliss/Moore) accept staff recommendation on the letter
prepared for Mr. Delgado on July 6 with a referral to staff to look
into the problem with the seats on the trackless trolleys. (The vote
was 4-0; Councilmember Malcolm not present.
b. PROPOSAL FOR EQUIPMENT PURCHASE FOR PUBLIC INFORMATION RADIO STATION
- Donald R. Read, CEO, Chamber of Commerce, 233 Fourth Avenue, Chula
Vista 92010
This was a request for $8,000 to purchase equipment consisting of two
radio stations to be operated by the Chamber of Commerce. The .5
mile station would be used primarily for special events, while the
2.5 mile station would be used to continually broadcast general
information to Chula Vista residents and visitors to the City.
Councilmember Moore commented that the idea has merit. He suggested
the cost could be shared with the Chamber.
MSC (McCandliss/Cox) to accept staff recommendation of referring this
matter back to the Chamber and City staff for further study and
investigation. (The vote was 4-0; Councilmember Malcolm not present.}
23. REPORT: INVOLVEMENT AS AN ASSOCIATE MEMBER IN AN INTERNATIONAL/JOINT
VENTURE WITH THE PEOPLE'S REPUBLIC OF CHINA (Director of Parks &
Recreation)
On December 22, 1988, the City received a letter from Mr. David J. Knight,
Chairman of the Sweetwater Union High School District's Joint Venture
Steering Committee and mentor tracker at Bonita Vista High School. He
invited the City to become involved as a participant on an international
joint venture with the People's Republic of China.
It was recommended (1} that any exchange program or sister relationship
with the People's Republic of China be deferred for an indefinite period
of time; and (2) support the International Friendship Commission's
recommendation to appoint a representative from Council to meet with Mr.
Knight and the Commission to delineate the City's role in the
International Joint Venture Steering Committee.
MOTION
MS (Cox/Moore) accept staff recommendation and designate Councilman Nader
as the Councilmember of that committee.
Councilmember Nader suggested that due to the recent events in China, it
may be appropriate to refer this matter back to staff.
MINUTES -29- July ll, 1989
SUBSTITUTE MOTION
MSC (Nader/McCandliss) refer this item back to staff. IThe vote was 4-0;
Councilmember Malcolm was not present for the vote.)
26. CITY MANAGER'S REPORT
Mr. Asmus reported the City of San Diego would like to meet with the
Council regarding the metro sewer issue. He suggested a workshop meeting
be scheduled for July 27.
MOTION
MSC IMoore/Nader) to schedule a workshop meeting on July 27 regarding the
metro sewer issue. (The vote was 4-0; Councilmember Malcolm was not
present.)
27. MAYOR'S REPORT
a. Off-road Vehicle Park in Otay Mesa.
Mayor Cox was concerned that this was being proposed to be included
in the budget. However, it was not included and no action is
necessary.
b.Report of Blue Ribbon Committee Appointed to Implement Proposition C
- Regional Planning and Growth Control Measure
Mayor Cox stated there was a report included in the Council packet
from the Blue Ribbon Committee. There will be a workshop in August
for elected officials to be more formally briefed on the actual
recommendations of the committee. Subsequent to that, th~s item will
be docketed for consideration.
c. Appointment of Chula Vista 2000 Subcommittee Members
MSC (Cox/Nader) to approve the nomination of 8 residents as members
and 2 non- residents as ex-officio participants to the respective
sub-committees of the Chul a Vista 2000 Community Task Force: Tim
Brictson, Member - Economic Development Nancy Hitchcock, Member - Day
Care Wilma McLeod, Member Economic Development William Perkins,
Member - Economic Development Frank Roseman, Member - Libraries Mrs.
Jo Sanzone, Ex-officio - Economic Development Elena Torres, Member
Economic Development Claudia Troisi, Ex-officio Environment/Open
Space Jose Tuquero, Member Economic Development Roberta Bowhey,
Member - Day Care
(The vote was 4-0; Councilmember Malcolm was not present.)
28. COUNCIL COMMENTS
Councilmember McCandliss:
MSC (McCandliss/Moore) refer Noise Control Ordinance from Worman, Oklahoma
to staff for review and comparison to the City's existing ordinance. {The
vote was 4-0; Councilmember Malcolm not present.)
MINUTES -30- July ll, 1989
Councilman Nader:
Councilman Nader asked that an item be put on next week's agenda under his
comments. He would like to ask for an ordinance which would prohibit,
with certain exceptions, the lighting of objects on fire in public places.
Councilman Malcolm:
a. Legislative Report for Council Action:
1. AB 2019 (Harris) - Public Records:
Penalty for withholding records - OPPOSE
b. Legislative Report for Information Only:
1. SB 1258 (Bergeson) - Mandatory acceptance of County approved
development agreements for annexed areas - OPPOSE
2. SB 968 and SCA 19 (Bergeson) - Local Agency Financing: Revenue
exchanges - OPPOSE
c. Support of State and/or Federal legislation which reverses Supreme
Court decision on Burning of American Flag
Councilman Malcolm was not present during Council Comments. Mayor Cox
noted the City's existing leQislative Bolicy will allow staff to move
forward in supporting the two bills and one ConstitUtional Amendment.
Councilman Moore:
a. Councilman Moore reminded councilmembers of the dinner scheduled July
12 for Jennie Fulasz, retiring City Clerk.
b. He questioned the composition of the task force to review the General
Plan density. Mayor Cox requested a report be prepared for Council
on a recommended composition of the Task Force suggested by the
Planning Commission (categories).
MSC (Cox/Moore) to go into Closed Session as a City Council to discuss
White vs Chula Vista; and a joint City Council/Redevelopment Agency Closed
Session to discuss Redevelopmerit Agency vs Merziotis.
ADJOURNMENT at 1:02 a.m. to Closed Session.
Adjournment at 1:15 a.m. from Closed Session to a regular meeting of July 18,
1989 at 7:00 p.m.
Recording Secretary
WPC 4122H