HomeMy WebLinkAboutcc min 1989/08/08 RDA MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF CHULA VISTA
The City Council/Redevelopment Agency
met in Closed Session at 6:00 p.m. to discuss:
Brooks v. Malcolm
Potential acquisition of property of the following:
4555 Otay Valley Road (Shell Oil Co., owner)
4501 Otay Valley Road (Roderick & Patricia Davies, owners)
Parcel 624-060-27 on Otay Valley Road (Vincent & Margaret
Davies, owners)
Parcel 624-060-09 on Otay Valley Road (Vincent & Margaret
Davies, owners)
4705 Otay Valley road (jimmie & Judi Shinohara, owners)
Parcel 644-040-40 (Walker Scott Properties/South Bay,
owner)
Parcel 624-040-45 (Atomic Investments, Inc., Leonard
Teyssier, owner)
East H Street - Paseo Del Rey and Tierra Del Rey (Rancho
Del Rey Partnership, owner)
Immediately following the special joint meeting,
the City Council met to discuss Personnel
Tuesday, August 8, 1989 Council Chamber
7:15 p.m. Public Services Building
ROLL CALL
PRESENT: Mayor Cox, Councilmembers McCandliss, Nader, Malcolm,
Moore
ABSENT: None
ALSO PRESENT: City Manager Goss, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
1. APPROVAL OF MINUTES for the regular meeting of July 18, 1989.
Councilman Moore noted that he did not recall questioning the use of the terms
"agree" opposed to "conform" as reflected on page 13 of the July 18 minutes.
Councilman Nader agreed to amend the minutes to read "the question was raised".
MSUC (Moore/Nader) to approve the minutes as corrected.
2. SPECIAL ORDERS OF THE DAY None.
CONSENT CALENDAR Items pulled: 3b, 10, 18, 21, 22, 22.1
COUNCILMAN MALCOLM OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of
the texts was waived by unanimous consent, passed and approved unanimously.
Minutes - 2 - August 8, 1989
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR MEETING WITH COUNCIL OR SUB-COMMITTEE TO DISCUSS
CONTRACT LEASE Robert Jennings, Building Chairperson, American
Legion, 47 Fifth Avenue, Chula Vista
This letter was referred to the Council sub-committee for discussions
regarding the current month-to-month lease agreement between the City and the
American Legion.
b. REQUEST FOR SUPPORT OF SAN DIEGO WASTE MANAGEMENT PLAN Diane
Takvorian, Executive Director, Environmental Health Coalition,
1844 Third Avenue, San Diego 92101
A request was made by Dr. Frye, representing dentists in the community to
pull this item. Mayor Cox noted that staff's recommendation was to receive
the letter and refer to staff for consideration in the upcoming report on the
County Hazardous Waste Management Plan. There was no intent to take specific
action on this item tonight. The item will be coming back on August 22 per
staff's recommendation.
Dr. Frye and associates concurred that they had no need to speak on the issue
at this time and would wait until the meeting of August 22, 1989.
MSUC (Cox/McCandliss) to.refer this item to the meeting of August 22, 1989.
c. REQUEST FOR FRANCHISE FOR A CABLE TELEVISION SYSTEM Donnie
Clark, Jones Intercable, 10783 Jamacha Blvd. Spring Valley
The application was referred to staff for consideration and evaluation. A
$4,000 deposit from Jones Intercable will be required to meet the costs for
consulting sevices and staff time involved in the evaluation and processing of
the application.
4. RESOLUTION 15221 DESIGNATING AUTHORIZED REPRESENTATIVES TO ACQUIRE
SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR
SURPLUS'PROPERTY (CATEGORY l) (Assistant City Manager)
The City was requested to update its list of authorized representatives for
acquisition of surplus property from the California State Agency for Surplus
Property. The resolution designated the City Manager or Assistant City
Manager as those authorized to sign for such.
5a. RESOLUTION 15222 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE
DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (Director of Public Safety)
b. RESOLUTION 25223 APPROVING AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE
DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Chula Vista has contracts with the cities of National City and Imperial Beach
to provide fire dispatching services. The rates for this service are revised
each year to reflect increased salary and support costs. Total revenue to be
received by the City is $72,390.
Minutes - 3 - August 8, 1989
6a. RESOLUTION 15224 APPROVING THE CONCEPT PLANS FOR EASTLAKE COMMUNITY PARK (Director of Parks & Recreation)
b. RESOLUTION 15225 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EASTLAKE DEVELOPMENT COMPANY FOR EASTLAKE PARK
AGREEMENT, AND AUTHORIZING THE NS~YOR TO EXECUTE SAID
AGREEMENT
The EastLake I SPA Plan included reference to the future development of a 15
acre community park in the EastLake Greens area. A conceptual plan for the
park was included in the SPA Plan, with the understanding that the park would
be dedicated to the City in conjunction with a supplemental SPA plan for the
EastLake Greens area. EastLake Development Company hired the landscape
architectural firm of WYA to design the park, with input from the community
and City staff. It is estimated that the total community park improvements
will cost approximately $2.6 million.
7. RESOLUTION 15226 APPROVING MAINTENANCE AGREEMENT WITH MR. PEDRO IBARRA
FOR THE LANDSCAPE MAINTENANCE OF THE TOWN CENTRE, BAY
BOULEVARD MAINTENANCE DISTRICT AND THE H STREET
TRANSIT CENTER, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA
{Director of Parks & Recreation)
Mr. Ibarra has been under contract since 1980 to perform the functions of Town
Gardener. It was recommended that Council waive the formal bidding process
for Landscape Maintenance and renew Mr. Ibarra's contract for FY 1989-90 with
three additional one-year options.
8. RESOLUTION 15227 REQUESTING $33,600 FOR LOCAL COASTAL PROGRAM
PREPARATION FOR THE SOUTH COUNTY ISLANDS FROM THE
COASTAL COMMISSION IActin9 Community Development
Director)
This application requested $33,600 in matching funds for preparation, testing,
and processing of an LCP submittal for the recently annexed South County
Islands. The three areas collectively referred to as the South County Islands
are the Palomar Bay Boulevard Reorganization site, the West Fairfield site,
and the Faivre Street site.
9a. RESOLUTION 15228 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SOUTH BAY COMMUNITY SERVICES AND AUTHORIZING THE
M~YOR TO EXECUTE SAID AGREEMENT (Acting Community
Development Director)
b. RESOLUTION 15229 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND METROPOLITAN YMCA OF SAN DIEGO COUNTY (FAMILY
STRESS CENTER) AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
c. RESOLUTION 15230 APPROVING AGREENENT BETWEEN THE CITY OF CHULA VISTA
AND MEALS ON WHEELS AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
d. RESOLUTION 15231 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND JOBS FOR YOUTH AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Minutes - 4 - August 8, 1989
e. RESOLUTION 15232 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SOUTH COUNTY COUNCIL ON AGING SHARED HOUSING AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
f. RESOLUTION 15233 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND ADULT PROTECTIVE SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMEriT
g. RESOLUTION 15234 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND WOODLAWN PARK COI~UNITY CENTER AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
h. RESOLUTION 15235 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SAN DIEGO RESIDENT RELATIONS AND .AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
i. RESOLUTION 15236 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND METROPOLITAN YMCA OF SAN DIEGO COUNTY (SOUTH BAY
BRANCH) AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
j. RESOLUTION 15237 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND OTAY COMMUNITY CLINIC/EPISCOPAL COMMUNITY SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
k. RESOLUTION 15238 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SOUTH BAY GUIDANCE CENTER AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
1. RESOLUTION 15239 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND LUTHERAN SOCIAL SERVICES AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
m. RESOLUTION 15240 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EPISCOPAL COMMUNITY SERVICES AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
n. RESOLUTION 15241APPROVING AGREEdlENT BETWEEN THE CITY OF CHULA VISTA
AND THE GIRLS AND BOYS CLUB OF CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On May 9, 1989 the Council approved the Community Development Block Grant
budget for Fiscal Year 1989-90, Included in that budget were funds for the
organizations listed above. Agreements for supporting these programs must be
approved before funds can be released. The total cost of the programs will be
funded from FY 1989-90 Community Development Block Grant funds.
lO. RESOLUTION APPROVING THE TEMPORARY CLOSURE OF RUTGERS AVENUE
BETWEEN GOTHAM STREET AND EAST H STREET (Continued
from meeting of August 1, 1989) (Director of Public
Works)
Pulled from Consent Calendar.
Minutes - 5 - August 8, 1989
ll. RESOLUTION 15242 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND WILLIAM R. DOTSON FOR CONSULTING SERVICES IN THE
REVIEW AND PROCESSING OF FREEWAY INTERCHANGE DESIGNS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
(Director of Public Works)
The City is presently in need of transportation assistance to aid staff in
evaluating freeway interchange design concepts and coordinating design issues
between the City and CalTrans. At the present time Mr. Dotson is under
contract to assist the City in evaluating design concepts for the improvement
of the 1-805 and East H Street interchange. The engagement of Mr. Dotson to
perform similar consultant services for interchanges in the City, because of
his familiarity with CalTrans policies, procedures and design requirements,
will enhance the City's ability in obtaining design approvals from CalTrans
leading to early scheduling of needed freeway interchange improvement
projects. The normal consultant selection procedure was waived due to the
unique background of Mr. Dotson as the former District ll Director of CalTrans.
12. RESOLUTION 15243 ACCEPTING BIDS AND AWARDING CONTP~ACT FOR REMODELING OF
FIRE STATION NO. 1 AT 447 F STREET IN THE CITY OF
CHULA VISTA {Director of Public Works)
Council awarded the contract to Robell Construction {low bidder) in the amount
of $293,500.
13. RESOLUTION 15244 ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET
IMPROVEMENTS AT COLORADO AVENUE AND KEARNEY STREET IN
THE CITY OF CHULA VISTA AND TRANSFERRING FUNDS
THEREFOR {Director of Public Works)
Council awarded the contract to Pacific Paving & Grading (low bidder) in the
amount of $20,872.13.
14. RESOLUTION 15245 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND ZENITH AERIAL INCORPORATED FOR PREPARATION OF
AERIAL TOPO MAPS FOR WIDENING MAIN STREET FROM
INTERSTATE 5 TO INDUSTRIAL BOULEVARD AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT (Director of
Public Works)
In March of 1988 Council approved a list of local street and road projects to
be funded with Proposition A. This project was approved for design funding
with Sales Tax Revenue through the Regional Transportation Improvement
Program. However, since this area was part of the Montgomery Annexation and
the City didn't have adequate topo mapping available to complete hydrologic
studies, a firm specializing in aerial topography must be hired to provide the
necessary information to complete the hydrologic study. The total contract
cost will not exceed $19,490.
15. RESOLUTION 15246 APPROVING AN AGREEMENT WITH KLAGGE-STEVENS &
ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED
FOR STREET AND DRAINAGE IMPROVEMENTS ALONG THE EAST
SIDE OF FIFTH AVENUE FROM L STREET TO NAPLES STREET
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
{Director of Public Works)
Minutes - 6 - August 8, 1989
The engineering firm of Klagge-Stevens and Associates was selected to design
street and drainage improvements along the east side of Fifth Avenue from L
Street to Naples based on their rank established by the prequalified list of
consultants approved by Council. Council allocated $85,000 for design
purposes from Gas Tax revenues during the 1989-90 CIP budget process. The
proposed agreement will utilize $78,400 of the allocated funds.
16. RESOLUTION 15247 APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RICHARD ZOGOB FOR 1200 SQUARE FEET OF OFFICE
SPACE AT 315 FOURTH AVENUE AND AUTHORIZING MAYOR TO
EXECUTE SAID AGREEMENT (Assistant City Manager)
The lease agreement provides for 1200 square feet of office space that will be
used to temporarily house the Public Works Inspection unit consisting of 14
employees until the fire damaged County Health Building is restored and, as
currently planned, the Community Devlopment Department can be relocated to the
renovated facility.
17. RESOLUTION 15248 APPROVING LEASE AGREEMENT WITH ZOGOB ENTERPRISES FOR
LEASE OF OFFICE SPACE FOR THE OTAY RANCH PROJECT TEAM
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
(Director of Planning)
The agreement provides for the required office space to house the Otay Ranch
Project team. The annual cost will be paid by the Baldwin Company.
18 REPORT ON RECOMMENDED POLICIES TO SHORTEN COUNCIL
MEETINGS (Deputy City Manager)
Pulled from Consent Caledar.
19. REPORT UPDATE PROGRESS AT APPROPRIATE TECHNOLOGIES II
(Director of Public Safety)
Two hazardous incidents occurred in February at the Appropriate Technologies
facilities. Council became aware, as a result of these incidents, that their
fire protection systems were inadequate and directed staff to work with
Appropriate Technologies to implement certain fire safety measures.
On May 16, Council allowed Appropriate Technologies II another thiry days to
move towares compliance of the requirements set forth by the Fire Department.
Council set a 60-day compliance date for final completion of fire safety
requirements.
20. REPORT REQUEST TO CONDUCT A BIKE TOUR (Director of
Parks & Recreation)
The San Diego Area Chapter, National Multiple Sclerosis Society, is requesting
permission to conduct a bike tour through the City on Sunday, September 10,
1989. It is recommended that Council approve the request subject to staff
conditions.
21. REPORT REQUEST FROM BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT BONITAFEST (Director of
Parks & Recreation)
Minutes - 7 - August 8, 1989
The Bonitafest Committee and its sponsoring organization, the Bonita Business
and Professional Association, is requesting permission to conduct the 17th
Annual Bonitafest on September 23, 1989. Council approved the request subject
to staff conditions.
Although a Request to Speak form was filled out, the issue was resolved by
staff prior to "Pulled Items" on the Agenda.
22. REPORT REGARDING ACTIONS NORMALLY TAKEN BY STAFF ON
TYPICAL SUBDIVISION PROJECTS DURING THE PERIOD
BETWEEN TENTATIVE AND FINAL MAP APPROVAL
(Continued from meeting of August l, 1989)
(Director of Public Works)
Pulled from Consent Calendar.
22.1 RESOLUTION WAIVING COMPETITIVE SUBMISSIONS RELATIVE TO /~
ENGINEERING WORK CONCERNING CHULA VISTA ALTERNATIVE TO
CONTINUED METRO SEWER SYSTEM MEMBERSHIP (Director of
Public Works
Pulled from Consent Calendar.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
23. PUBLIC HEARING: TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING
A DEVELOPMENT IMPACT FEE FOR THE IMPROVEMENT AND
CONSTRUCTION OF VARIOUS PUBLIC FACILITIES WITHIN THE
CITY OF CHULA VISTA (Budget Officer) (Continued from
meeting of August 1, 1989)
INTERIM
ORDINANCE 2319 ESTABLISHING AN INTERIM DEVELOPMENT IMPACT FEE TO PAY
FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA
ORDINANCE 2320 ESTABLISHING A DEVELOPMENT IMPACT FEE TO PAY FOR
VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA
VISTA ~ FIRST READING
Budget Office Dyers explained that the imposition of the Development Impact
Fee was to be applied to new construction throughout the City which would pay
for various public facilities generated by the new constructions.
Specifically, the expansion of the Civic Center, Police facility remodeling,
corporation yard relocation, new libraries in the eastern sector of the City,
expansion of the Fire Suppression System and a Geographic Information System.
Mr. Dyers also noted the EastLake Development Corporation does not agree with
the City's interpretation of the Agreement, which would permit the City to
apply this to the EastLake I development.
Councilwoman McCandliss asked if the City was getting into a position whereby
the City would have to rely on development to fund these projects; is there
some effort to bank money for these facilities.
Minutes - 8 - August 8, 1989
City Manager Goss responded that the money is being budgeted; the idea here is
to collect the money for the DIF for the needed facilities and then the City
is in a position to start budgeting these projects as we start collecting the
money.
This being the time and place as advertised, Mayor Cox declared the public
hearing open.
Bret Vedder, representing Construction Industry Federation (CIF), 6336
Greenwich Drive, Ste. F, San Diego 92122, highlighted the in the letter he
presented to Council: the Federation supports the adoption of the Development
Impact Fee; support extends to the regular evaluation of the fee program; the
program could be set up to help Council ensure the DIF facilities are
constructed and the program stays on track; CIF has some concerns addressed in
the letter, but is sure these concerns can be reviewed and addressed by
Council if appropriate.
Speaking for Bob Snyder, EastLake Development Company, was Craig Beam, Law
Offices 110 West A Street, San Diego. He apologized for not speaking to the
City Attorney on this issue before the meeting, but noted that the issues are
equitable and legal issues. EastLake was approved with supplementary
agreements that went with it (Resolution 12307). One agreement was the
Interim Finance Agreement wherein EastLake agreed to finance various
facilities and to pay impact fees, in part, and to dedicate land for certain
public purposes, some of which are covered by the proposed DI~ tonight.
EastLake EIR suggested that given the nature of the improvements they were
going to build/fund through fee payment or land dedicated that they had
mitigated all project related impacts associated with EastLake I h
· T e problem
now is that the agreements/pledges in contracts have not been taken into
consideration; there is also a problem with pending agreements with other
parties and there is a problem with City program under Government Code 56961
with respect with adoption of impact fees at this time at this late date. He
asked Council to consider that EastLake be exempted at this time and to get
together with the Attorney's office to resolve this issue.
Councilman Nader asked for clarification on the law and imposing development
impact fees.
Mr. Beam responded that this is an issue that the City Attorney needs to
review, but that the primary reason they are here is that EastLake agreed to
commit to fees long before there was any program established to index fees, to
do many things, including improving land, fire station improvements, etc.,
none of which has been addressed.
City Attorney Harron noted that he had reviewed the agreements. It is the
City's position that the development agreement anticipated these fees; he had
not yet had a chance to go over Mr. Beam's objections, but in the interim
period the City should not exempt anybody. If at a later time, there was any
impropriety on the fees, they could exclude them at that time.
There being no further public testimony, Mayor Cox declared the public hearing
closed.
MOTION
MSUC (Cox/Nader) to adopt both ordinances.
Minutes - 9 - August 8, 1989
Councilman Nader noted this is a separate issue from EastLake Green, but it is
the fundamental principal that growth in this City pays its own way. This
ordinance represents a step to fulfilling our minimal obligations to the
residents of the City, to make sure that new growth pays for itself.
Mayor Cox noted that the question that has been raised by EastLake is a legal
question, and in certain respects an equity question.
FOLLOW-UP MOTION
MS (Cox/Moore) to refer that question to staff and to get together with
representatives from EastLake and come back to Council with a report to see if
in fact, there is a legal requirement to exempt EastLake.
Councilman Nader noted that if there is a serious problem, staff would bring
it to Council's attention and would rather not direct staff to bring back a
report.
Mayor Cox withdrew his motion.
24A. PUBLIC HEARING: PCM-89-15 & PCS-89-6: CONSIDERATION OF A MODIFICATION
TO THE RICE CANYON SECTIONAL PLANNING AREA (SPA) PLAN
AND A TENTATIVE SUBDIVISION MAP KNOWN AS WOODCREST
TERRA NOVA, CVT 89-6, LOCATED ON THE NORTH SIDE OF
HIDDEN VISTA DRIVE AND RIDGEBACK ROAD, NORTHERLY OF
BEACON PLACE AND WOODHOUSE AVENUE WOODCREST
DEVELOPMENT OF SAN DIEGO (Director of Planning)
RESOLUTION 15249 APPROVING MODIFICATION TO THE RICE CANYON SECTIONAL
PLANNING AREA (SPA) PLAN AND A TENTATIVE SUBDIVISION
MAP KNOWN AS WOODCREST TERRA NOVA, CVT 89-6, LOCATED
ON THE NORTH SIDE OF HIDDEN VISTA DRIVE AND RIDGEBACK
ROAD, NORTHERLY OF BEACON PLACE AND WOODHOUSE AVENUE
B. RESOLUTION 15250 APPROVING THE CONCEPT PLAN FOR THE TERRA NOVA PARK
EXPANSION IDirector of Parks & Recreation)
C. PUBLIC HEARING: PCS-89-6: CONSIDERATION OF DEVELOPMENT AGREEMENT FOR
WOODCREST TERRA NOVA ITERRA NOVA ASSOCIATES) (Director
of Planning)
RESOLUTION APPROVING THE DEVELOPMENT AGREEMENT FOR WOODCREST
TERRA NOVA ITERRA NOVA ASSOCIATES)
Councilman Malcolm noted that he called the FPPC on this item, and asked if he
could vote due to the fact that his home is almost within 300 feet of the
lots. They did not give him a satisfactory answer, and because of that, and
the appearance of any type of conflict he would abstain. Councilman Malcolm
left the dais at 7:50 p.m.
This being the time and place as advertised, Mayor Cox declared the public
hearing open on Items 24 A and 24C.
Director of Planning Krempl noted that this item includes a modification to
the Rice Canyon SPA, approval of a tentative subdivision map for 26.3 acres
located on the north side of Hidden Vista Drive and Ridgeback Road northerly
of Beacon Place and Woodhouse Avenue; and expansion and enhancement of the
Terra Nova Park in consideration of the development agreement.
Minutes - lO - August 8, 1989
There was a defect in the public hearing notice re9arding the development
agreement which will require Council to continue the public hearing on the
Development Agreement for one week.
Director Krempl suggested that the concept plan for the park expansion be
approved with the following changes: the elimination of the lighting for two
ballfields and the provision of the dollar equivalent of the lights for
lighting and relighting of other fields in the City; the retention of the
restroom at the southwest corner of the park and elimination of the proposed
restroom at east end and; elimination of equestrian trails prior to final map
approval.
Councilwoman McCandliss questioned the proposal asking for a chan9e in
standards from 22% to 33%; what was so unique about the situation that would
demand a waiver of that policy other than all the garages being 3 car
garages. She al so expressed concern that the City was moving away from
neighborhood parks to general activity parks, i.e. scheduling soccer teams and
practices that limited residents ability to have use of the parks.
Director Krempl responded that this would be a policy that Council would have
to decide as to whether to carry this over to other projects or not, it was a
primary consideration of staff, going back to the theory of 3 in lO to allow
for parking purposes. The developer is asking for a 1/3 deviation and because
of that it is removing parking from the street.
Director of Parks & Recreation Mollinedo, in answer to Councils questions
responded that staff had met with soccer groups and noti fled them that they
can't begin practices until designated periods of time. The problem will not
be resolved until there are enough fields available in the community.
Councilman Nader questioned the Negative Declaration asking why the Negative
Declaration indicates no potential impact on schools, but both school
districts have sent letters stating there will be an adverse impact on the
schools.
Director Krempl responded that the school district has reached an agreement
with the applicant whereby they will participate in the Mello~Roos Community
Facilities District. Condition "D" states that "written evidence shall be
submitted to the City that agreements have been reached by both school
districts regarding the provision of adequate school facilities to serve the
project prior to approval of the final map." Thus the Negative Declaration is
promised on condi ti on #4 being included in the tentative map.
James Milch, spoke for Wayne Barnett, Ron Van Daele, Woodcrest Development,
1747 Kearney Villa Road, San Diego 12123, and Nick DeLorenzo,
Gillespie-DeLorenzo, 1615 Murray Canyon Drive, San Diego 92108. He noted
their support of staff recommendation; if there were no other concerns they
would be willing to answer any questions Council may bring forth.
Councilwoman McCandliss questioned the impact on the project regarding 5 yard
setback.
Minutes - ll - August 8, 1989
Wayne Barnett, Woodcrest Development responded that there was a need several
years ago to have space next to houses because most houses had two car
garages. In the last few years the developers have started building three car
garages and many of the small RV's and boats will now fit in the enclosed
garages; they feel the request is a reasonable one under the circumstances.
Carlos Gonzales, 506 Beacon Place, Chula Vista, noted he was pleased with
Woodcrest's height limitation and urged Council to put the restriction on it.
There being no further public testimony, Mayor Cox declared the public hearing
closed.
MS (Cox/McCandliss) to retain the 355 elevation level as a condition of
approval.
Councilman Nader questioned taking actions when the public hearing is
pending.
City Attorney Harron noted this motion is in the tentative map, which is
closed tonight, the only hearing pending is on the development agreement.
MSUC {Cox/Nader) to continue the public hearing on item 24C to the meeting of
August 15, 1989.
MOTION RE-STATED
(Cox/Moore) to add as a condition of approval of the tentative map to retain
the ridge elevation level at maximum height. The motion carried with
Councilman Malcolm out.
MS (Moore/Cox) add condition 32 as it pertains to CCR's, RVs, boats, that
protects the aesthetics of the development within the CCR's which is an offset
to losing the ability to park vehicles in the rear yard.
Councilman Nader asked for a clarification of the motion and if there would be
adequate space in the back yard or in the garage for a standard vehicle.
Mr. Barnett responded that most of the smaller RV's and boats would still go
into a garage or into the garage. A large RV would not be able to go into a
garage.
It was agreed to by Council that the typical wording that staff uses (CCR's to
prohibit RV's boats from parking on the street) be included as a part of
condition 32 to the motion on the floor.
VOTE ON MOTION
The motion carried with Councilman Malcolm out.
Mayor Cox noted that Councilman Nader requested that the question of the
Negative Declaration be dealt with as a separate vote.
MS (Cox/Moore) to approve the Negative Declaration.
Councilman Nader expressed his concern with the school issue. There has been
a lag time with Mello-Roos in other developments with construction of
developments and collection of fees, and construction of schools by school
districts. Money is not available; he can not feel certain there is no direct
impact and will have to vote no.
Minutes - 12 - August 8, 1989
VOTE ON MOTION
The motion carried with Councilman Nader voting no and Councilman Malcolm out.
RESOLUTION 24A AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was
waived, passed and approved with Councilman Malcolm out.
RESOLUTION 24B OFFERED BY COUNCILWOMAN MCCANDLISS, the reading of the text was
waived, passed and approved with Councilman Malcolm out.
It was noted that item 24C would have to be continued to the meetin9 of August
22 in order to meet the time frame involved for publishing.
MSUC ICox/Nader) to continue Item 24C to the meeting of August 22, 1989.
Mayor Cox noted that staff recommended continuing Items 27 and 28 to the
meeting of August 15, 1989.
MSC ICox/Nader) to continue Items 27 and 28 to the meetin9 of August 15, 1989
(Councilman Malcolm out).
Councilman Malcolm returned to the dais at this time.
Councilman Nader noted that there was already a heavy schedule for the meetin9
of August 15, he asked to continue Item 27 to the meetin9 of August 22.
Councilman Malcolm noted that he would like more time for input from the City
Attorney on the development agreement.
SUBSTITUTE MOTION
M (Nader) to continue Item 27 to the meeting of August 22, 1989.
City Manager Goss noted there were already four public hearings set for August
15 and 22. He was also concerned as to whether or not the Development
Agreement for EastLake Greens would be ready at that time.
SUBSTITUTE MOTION
M~UC ICox/McCandliss) Item 28 be continued to the meeting of August 15, 1989.
MSUC (Cox/Nader) to continue Item 27 to the meeting of September 5, 1989.
25. PUBLIC HEARING: PCM-89-8: CONSIDERATION OF RANCHO DEL REY SPA II
PLAN, PUBLIC FACILITIES PLAN AND PC REGULATIONS;
RANCHO DEL REY PARTNERSHIP (Director of Planning)
RESOLUTION APPROVING THE GENERAL DEVELOPMENT PLAN - RANCHO DEL
REY SPA II
RESOLUTION APPROVING THE SECTIONAL PLANNING AREA (SPA) PLAN
RESOLUTION APPROVING THE PUBLIC FACILITIES PLAN AND FINANCING
ANALYSIS
RESOLUTION APPROVING THE PRELIMINARY DESIGN GUIDELINES
ORDINANCE ADOPTING PC DISTRICT REGULATIONS
Minutes - 13 - August 8, 1989
25B. CONSIDERATION OF FINAL EIR-89-2 - RANCHO DEL REY SPA II
RESOLUTION CERTIFYING FINAL EIR-89-2 - RANCHO DEL REY SPA II
25C. CONSIDERATION OF CEQA FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS FOR RANCHO DEL REY SPA II EIR
RESOLUTION ADOPTING FINDINGS RELATIVE TO SECTIONS 12081 OF CEQA
AND STATEMENT OF OVERRIDING CONSIDERATION
25D. CONSIDERATION OF MITIGATION MONITORING PROGRAM FOR RANCHO DEL REY SPA II
EIR
RESOLUTION ADOPTING THE MITIGATION MONITORING PROGRAM FOR RANCHO
DEL REY SPA II, EIR-89-2
This item involves the consideration of the Rancho del Rey SPA-II Sectional
Planning Area (SPA) Plan and related items for a 376-acre portion of the E1
Rancho del Rey Specific Plan. The Specific Plan was approved by the City
Council in 1985 and this submittal represents the second phase implementation
for that project.
Mayor Cox noted he received a letter from Ken Baumgartner, representing Rancho
Del Rey Partnership to continue this item to August 15.
MSUC (Malcolm/Nader) to continue to the meeting August 15, 1989.
26. PUBLIC NEARING: PCZ-89-K: CONSIDERATION OF THE IMPLEMENTATION OF THE
MONTGOMERY SPECIFIC PLAN
ORDINANCE 2321 REZONING CERTAIN TERRITORY GENERALLY BOUNDED BY NAPLES
STREET ON HE NORTH, THIRD AVENUE ON THE WEST, PALOMAR
STREET ON THE SOUTH, AND HILLTOP DRIVE ON THE EAST,
FROM ITS CITY ADOPTED (COUNTY-ZONING) CLASSIFICATIONS
UTILIZED THROUGHOUT CHULA VISTA CITY INITIATED
IDirector of Planning)
This being the time and place as advertised, Mayor Cox declared the public
hearing open.
Staff noted that this proposal involves a reclassification of a portion of the
Castle Park "B" Subcommunity of the Montgomery Specific Plan. The project
area is almost entirely improved with a mixture of single and two-famity
resident, multiple family residential, and commercial uses along Third
Avenue.
Tom Pocklington, 3210 Kennelworth Lane, Bonita 92002 (property owner at ll60
and 1162 Dixon) stated his concerns to Council (and to the Planning Commission
at their meeting that: his property, in this transition, will now become
non-conforming; if property is non-conforming, it will be more difficult for
him to take out fire insurance or loan on property, more difficult to finance
property; if 60% or more of property is destroyed he would have to go through
Chula Vista for building permit and because it is now non-conforming there
would be a possibility that he could not reconstruct as a duplex, he would
have to 9et a major use permit; requested a "P" modifier but was told at
Planning Commission that they could not modify the "P" modifier - there were
already regulations to non-conforming property for the City and process would
be to go through City of Chula Vista; going from legal to non-legal status and
affects him directly; requested this be sent back to staff for alternatives.
Minutes - 14 - August 8, 1989
Councilman Nader questioned the staff report (page 2) quoting a regulation of
the code suggesting that the Planning Commission could create a modification
that would accomplish what Mr. Pocklington asking for. He asked if the
Planning Commission is the only body under the City Council who could do this
and if so, would it be appropriate to send this back to the Planning
Co~ission to exercise their authority.
City Attorney Harron stated the sentence was not complete and clarified the
statement to Council. Thus, it is a limited ability to vary from the
non-conforming use. If Council wanted to declare this area conforming should
a disaster occur, they have the ability to do this because it is an ordinance.
Mr. Frank Jarnigan, 1198 Twin Oaks, Chula Vista 92011, was concerned that his
exhibits were not the same as Council had in their packets; noted that he had
sent a questionnaire to the neighborhood and in less than three hours received
30 signatures against the rezone.
Staff noted that Mr. jarnigan had all current exhibits that this was a matter
of graphics. Four notices were sent to all property notices. Part of the
confusion may be that this is the fourth public meeting on this item; there
have been changes in recommendations, especially from the community forum, but
as far as the Commission recommendation and exhibits go, there have been no
changes
Dale Hermanson, 153 Emerson, Chula Vista stated he understood that if
Montgomery annexed there would not be any changes in zoning, especially
towards residential section; questioned City initiated proposal.
There being no further public testimony, the public hearing was declared
closed.
Stan Kovin, 1278 Second Avenue, Chula Vista, pointed out that he objects to
this zone change but will go along with it.
M (Nader) to amend the ordinance before Council to provide zoning on the land
which has what currently would be an existing non-conforming residential use
under the ordinance unamended to be changed so as to conform to the existing
use on those parcels.
Councilman Malcolm asked for a clarification of the motion
RESTATED
~'d'~'~e ordinance as to those 40 parcels to zone them in a manner that is
consistent with the existing residential uses on those parcels. Amend the
ordinance to allow the existing uses to be classified conforming should a
disaster occur.
MS INader/Malcolm) amend the ordinance along the lines as recommended by the
Montgomery Planning Committee and sanctioned by the City Attorney to use the
"P" modifier mechanism in rezonin9 to declare existing residential uses to be
conforming.
In answer to Council's question, Attorney Harron responded that the in case of
a disaster, result of this is that the residents could build a duplex instead
of a single family home if they want to reconstruct.
VOTE ON MOTION
The motion carried unanimously.
ORDINANCE AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was
waived, passed and approved unanimously.
27. PUBLIC HEARING: CONSIDERATION OF DEVELOPMENT AGREEMENT FOR EASTLAKE
GREENS
RESOLUTION ADOPTING THE DEVELOPMENT AGREEMENT FOR EASTLAKE GREENS
The public hearing was continued to September 5, 1989.
28. PUBLIC HEARING: ON REQUEST FOR DEFERRAL OF UNDERGROUNDING IN RANCHO
DEL REY, SPA II (Director of Public Works)
The public hearing was continued to the meeting of August 15, lg89.
ORAL COMMUNICATIONS
a. Ray Raphael, llS1 Zarza Corte, Chula Vista read a copy of a letter
presented to Council regarding his concerns with fast growth, water
usage and traffic.
PULLED ITEMS
lO. RESOLUTION 15251APPROVING THE TEMPORARY CLOSURE OF RUTGERS AVENUE
BETWEEN GOTHAM STREET AND EAST H STREET (Continued
from meeting of August l, 1989) (Director of Public
Works)
Ham Brothers Construction requested the temporary closure of Rutgets Avenue
between Gotham Street and East H Street for a 14 working day period to
facilitate the construction of sewer, water and storm drain facilities in
conjunction with the Canyon View Homes development. Staff recommended that
Council approve a 14 working day closure subject to certain conditions.
Tom Davis, 1657 Gotham Street spoke against closure Rutgets Street since that
portion of Rutgets was put through to relieve traffic in the area. He
requested Council to consider an using other means so that portion of the
street could remain open.
Deputy Director of Public Works/Operations Swanson cited the safety factors;
noted that the contractor would have to add additional paving and add extra
flagmen; there are several pipelines to put in and the contractor indicated
they could do it in 14 days if they close the street, otherwise it would take
longer.
MS (Cox/Moore} to accept staff recommendation.
Council discussion ensued regarding the need to have both side meet;
contractor go to a 6 day work week; to have a condition that contractor pay
some overtime to get out of there quicker; willingness to go to extended
shifts; condition to expedite with no extensions; to allow 16 calendar days to
get completed; questioned use of same personnel all the time and safety factor
3nvolved.
M (Malcolm) amend resolution to allow for 16 calendar days as opposed to 14
work days.
Minutes - 16 - August 8, 1989
Mike Ham, Ham Brothers Construction, explained to Council the timeframe and
construction time involved. The reason for the 14 working days is for cure
times on the concrete he lays; he has no control over this area.
VOTE ON THE MOTION
The motion carried unanimously.
RESOLUTION AS AMENDED, OFFERED BY MAYOR COX, the reading of the text was
waived, passed and approved unanimously.
18 REPORT ON RECOMMENDED POLICIES TO SHORTEN COUNCIL
MEETINGS (Deputy City Manager)
The report offered suggestions to better refine the City Council meeting
process to enable maximum decision-maker/citizen participation on a
substantial number of crucial community issues in an even more effective
manner.
Councilman discussion ensued regarding giving the Mayor to much authority in
expediting the meetings; need to temper enthusiasm and efforts; issues are
significantly different than from two or three years ago; need to establish
procedures; change oral communications to be at beginning of meeting or at
time certain; Council questioning policy does not seem to be efficient;
putting questions off to the end of presentations would not do any good; good
recommendation but could support modifications to question policy; at ll:O0
p.m. take whichever item is up as the last item; why does Council need to have
some of these items on the agenda; some of these items can be taken care of
administratively; give these decision-making process to the professionals;
staff not being compensated to attend meetings; have public pulled items
early; willing to continue items to next meting; 10:30 realistic time; take
public first; items left over should be continued to next meting; set policy
on average length of meeting; need to balance agenda.
MS (McCandliss/Nader) to adopt policies listed in staff report, deleting
policy #2.
Councilman Moore noted that Council has to keep in mind that the more you put
off, the longer the agenda for the next meeting; need to simplify what we are
doing; keep non-public hearings to a three minute time or refer that speaker
to a staff member in the audience; Council should call staff members prior to
the meeting if there is any question on the Agenda Statement; need to have a
staff liaison to contact.
M (Nader) to set a time limit at 11:00.
The motion died for lack of second.
VOTE ON MOTION
The motion passed with Councilman Malcolm voting no.
MOTION
l'C'6~'/PFoore) to notice Oral Communications at 8:30 time certain, if there were
a large amount of people or if by 8:30 Council had not gotten to Oral
Communications the Mayor would have discretion to entertain Oral
Communications at that time.
Minutes - 17 - August 8, 1989
Councilwoman McCandliss asked that they incorporate into the motion a time
limit of three minutes on Oral Communications.
Mayor Cox stated he had no problem with that and would include it as part of
his motion; Councilman Moore also agreed addendum.
VOTE ON MOTION
The motion carried unanimously.
MOTION
TC'6'~TMalcolm) to retain first Tuesday at 4:00 p.m.; all others to be at 6:00
p.m.
Councilman Nader suggested holding Closed Sessions at 6:00 or 6:30 p.m. Mayor
Cox stated Closed Sessions should be dealt with after the meeting.
City Attorney Harron noted that the ordinance would have to be amended to make
these changes.
Mayor Cox stated he would incorporate the ordinance change as part of the
motion and to direct staff to make this part of the policy to start in
September,
City Manager Goss stated that the comment he had would be to do with
scheduling the meetings so the items are for the convenience of the public.
There may be a major public hearing and at 6:00 or 6:15 it may be inconvenient
to others; Council may want to consider starting the formal public hearings at
7:00 p.m.
Mayor Cox stated that he had no problem with retaining the time certain at
7:00 and would include that in the motion.
VOTE ON MOTION
Ine motion passed unanimously.
In answer to Councilwoman McCandliss' question, City Attorney Harron
responded that accepting contract work can be done administratively, but
Council has not yet delegated that authority. His office could come back with
a list of things for Council to review.
MOTION
oTM~F~/Malcolm) to have a three minute rule for non-public hearings with the
caveat that if it's appropriate, it be referred to staff at that time.
Councilman Malcolm asked for clarification; public hearing items to have five
minutes; all others at three minutes, but at the discretion of the Mayor.
Councilman Nader noted he would be more comfortable with the three minute rule
under Oral Communications and stated he would offer a substitute motion.
Councilman Moore stated that votes on motions such as the one on the floor
should be unanimous, and withdrew his motion.
MOTION
cT~'C~'~dliss/Cox) refer to staff and the City Manager a general review of those
agenda items the City Manager considers more administerial and could be
delegated to him and have a report come back to Council for review.
VOTE ON MOTION
The motion carried unanimously.
22. REPORT REGARDING ACTIONS NORMALLY TAKEN BY STAFF ON TYPICAL
SUBDIVISION PROJECTS DURING THE PERIOD BETWEEN
TENTATIVE AND FINAL MAP APPROVAL (Continued from
meeting of August 1, 1989) (Director of Public Works)
Councilman Nader noted his concerns about the report: the permits for grading
prior to the issuance of the final map and that certain actions staff might
allow prior to the issuance of the final map might have the legal impact of
vesting of rights. He asked for the City Attorney's opinion on whether any of
the action staff does allow prior to issuance of a final might raise a legal
argument that vesting has occurred even before the final map is issued.
City Attorney Harron noted that a landmark case is the AVCO Development case
in which they spent $20 million in pre-final map work including grading and
foundations and that was found not to bestow a vested right on them to
continue.
Councilman Nader questioned if the developer can be in si ~ificant grading
prior to the issuance of the final map, can conditions ~e set~n tentati e map.
v
Councilman Nader suggest that Council set a policy where grading is
contemplated prior to the issuance of a final map that the discretion of staff
to allow such gradin9 and the conditions that it be allowed be set forth as
conditions in the tentative map approved by this Council.
Director Lippitt explained that the City had a grading ordinance which is
specific on what needs to be done and what the plans need to look like and
what can be approved prior to a final map. Staff can provide Council with the
manuals that are available for their perusal.
MSUC (Cox/Malcolm) to approve the staff report.
22.1 RESOLUTION 15252 WAIVING COMPETITIVE SUBMISSIONS RELATIVE TO
ENGINEERING WORK CONCERNING CHULA VISTA
ALTERNATIVE TO CONTINUED METRO SEWER SYSTEM
MEMBERSHIP (Director of Public Works
The recent distribution of the Metro Sewerage System "Framework Plan"
highlights the need for a separate and thorough evaluation by Chula Vista in
order to determine whether to continue its membership or to seek other means
of sewerage disposal independent of Metro. This study was discussed in the
budget submittal by the City Manager and adequate funds were incorporated in
the CIP budget. Staff believes the Luke-Dudek firm to be well qualified to
perform such an evaluation. Staff was seeking a Council waiver of the
competitive process normally involved in the selection of a consultant. Cost
of the study will be based upon time spent in ran e between $100,000 and
$150,000. There is a strong possibility for the ~ity to receive up to
$150,000 in grant funds from County Water Authority.
Minutes - 19 - August o, I~
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived, passed
and approved unanimously.
CITY MANAGER'S REPORT
a. City Manager Goss noted that in connection with balancing the agendas,
the next few weeks will be challenging. There is a tight meeting
schedule coming up with four public hearings scheduled for the next two
meetings.
MAYOR'S REPORT
a. Radar Speed Awareness Unit
Mayor Cox presented a report on the Pacific Grove radar speed unit. This
portable unit is a device that has a radar gun set up to a large digital
device that lets you see what your speed is. This device would be helpful to
use in the City, something that would bring more community awareness
concerning the speeds in the City.
MS (Cox/Nader) authorize the appropriation of up to $7,5000 to acquire a unit
like this and implement it in appropriate manners through out the City.
Councilman Nader noted there are other devices available, and would like to
have staff research them and implement what it appropriate.
ADDITION TO MOTION
INader) Staff to weigh alternatives and decide which one is more cost
effective to the City and more effective as an enforcement mechanism.
Mayor Cox agreed to include this in his motion.
VOTE ON MOTION
The motion passed unanimously.
b. Appointment of Chula Vista 2000 Subcommittee members
MSUC (Cox/Moore) to approve the nominations for the subcommittees.
c. Appointment to General Plan Task Force
MSUC (Cox/Malcolm) to appoint Alex Pressutti to the General Plan Task Force.
COUNCIL COMMENTS
a, Councilman Moore asked if there was enough money in the budget for City
flag replacement. Mr. Goss responded that he assumed the individual
departments had money in their budgets; he would send him further
information.
Minutes - 20 - August 8, 1989
b. Councilman Moore stated that in regards to 3a on tonight's agenda, the
sub-commitee Council mentioned does not exist, but as an individual
member of the Council, he would be willing to meet with anyone.
Council adjourned to Closed Session at 10:58 p.m. to discuss matters of
personnel.
ADJOURNMENT AT ll:15 p.m. to the regular meeting of August 15, 1989 at 7:00
p.m.
Respectful ly sumbi tted,
BEVERLY AUTHELET, CITY CLERK
by: A~,i ,~ ~~