HomeMy WebLinkAboutcc min 1989/10/17 PG 2 MISSING MINUTES OF A REGULAR MEETING OF
THE CITY OF CHULA VISTA
Tuesday, OctOber 17, 1989 Council Chamber
6:00 p.m. Public Services Building
1. ROLL CALL:
PRESENT: Mayer Cox; Councilmembers McCandliss, Nader, Malcolm
and Moore.
ABSENT: None
ALSO PRESENT: City Manager Goss, Assistant City Manager Asmus, City
Attorney Harron, and City Clerk Authelet
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3 APPROVAL OF HINUTES: September 26, 1989 and October lO, 1989
MSUC (Malcolm/Moore) to approve the minutes of September 26 and October lO,
1989.
4. SPECIAL ORDERS OF THE DAY:
4a. Proclaiming the month of November 1 989 as "Spay/Neuter Your Pet Month"
The proclamation was accepted by Mr. Bill Will and Ms. Janeen Reed of the
Animal Control Shelter.
4b. Procl aiming the days of November 10 and ll as "Vision Care Days"
The proclamation was accepted by Dr. Robert Wold.
4c. Procl aiming the days of October 22-29, 1989 as "Red Ribbon Week"
The proclamation was accepted on behalf of VFW Post 2111 by James Overstreet,
Jim Fry and Mary Tiskey. Mr. Overstreet stated that the VFW is always ready
to help the City of Chula Vist when called upon.
CONSENT CALENDAR Items pulled: 15, 17a, 17b, 21, 22
Regarding Item 7, City Attorney, Tom Harron, recommended that two subcommittee
members and others designated by the City Manager accept the donation of a
helicopter tour of the Otay Ranch Property by the City from the Baldwin
Company.
MSUC (Malcolm/McCandliss) to amend Resolution 15338 to include the Mayor and
Vice Mayor.
Councilman Malcolm informed the Council that he would abstain on Item 18 due
to his absence at the meeting this was discussed and on Item 20 due to the
proximity of his home.
Minutes -3- October 17, 1989
COUNCILMAN MOORE OFFERED THE BALANCE OF THE CONSENT CALENDAR, the reading of
the texts was waived by unanimous consent, passed and approved with Councilman
Malcolm abstaining on items 18 and 20.
Mayor Cox referenced an article which related to Ordinance 2337 where
residents of San Francisco and Berkeley took action in small claims court to
abate a nuisance where residences were being used for drug activity. In both
cases, by grouping together, they were awarded damages and able to remove the
drug activity.
5. WRITTEN CO)~4UNICATIONS:
5a. Request for support/contribution to the Water Awareness Campaign /~//~
Jennifer G. Persike, ACWA, Rita Schmidt Sudman, WEF, Vice Chairs, Water
Awareness Committee, 910 K Street, Suite 250, Sacramento, CA 95814-3577
This is a request from a growing statewide organization known as the
California Water Awareness Committee, with headquarters in Sacramento seeking
City financial support and acceptance of campaign materials relating to the
organization's attempt to inform communities of the role various organizations
play in water managment, quality, deliverty and, or course, conservation of
this vital resource. While of the 259 agencies participating last year, they
were predominantly water agencies, some 26 cities, many of whom are not
directly involved in providing water service, also contributed monetarily to
the organization's campaign.
Recommended that the City participate in this organization's efforts by
receiving the organization's kit of campaign materials and also support the
organization financially by contributing $250 to the committee's awareness
campaign fund.
5b. Resignation from Commission on Aging Mary Jane DiRienzo, 1254 Rue
Cap Ferrat, Lake San Marcos, CA 92069 - it is recommended that the letter be
accepted with regret.
Recommended that Mrs. DiRienzo's resignation from the Commission on Aging be
accepted with regret and a letter of appreciation sent.
5c. Request to incorporate child care spaces into two new community/T//~
centers - Sue Welsh, Ann Fabrick, Katy Wright, Child and Adult Day Care
Subcommittee, Chula Vista 2000
Recommended that this communication be referred to staff and the Parks and
Recreation Commission for evaluation and report back to the City Council. It
is al so recommended that the idea expressed ;by the task force be considered
in future implementation of the Civic Center Master Plan.
5d. Claims against the City - Ms. Shirlette Burch, c/o Denise E. Jones, 401 /~//~
West A Street, Suite 13DO, San Diego
It is recommended that the claim be denied.
6. RESOLUTION 15337 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA/~//~
VISTA AND MARY ANN MILLER FOR FOR REPLACEMENT TIME OF THE ENVIRONMENTAL REVIEW
COORDINATOR, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE MAYOR TO
Minutes -4- October 17, 1989
EXECUTE SAID AGREEMENT
The City and the County of San Diego have entered into a MOU for the
preparation of development plans and environmental documents for the Otay
Ranch Project. As part of the budget for the joint staffing for this project,
the City's Environmental Review Corrdinator is spending 1/2 time at the Otay
Ranch Project office and 1/2 time at the Planning Department. There is a need
to "back fill" this 1/2 time in the Planning Department. This position would,
in effect, be paid for by the Baldwin deposit fund. It is recommended that
Council approve the 9 to 14 month contract. (Director of Planning)
7. RESOLUTION 1533B ACCEPTING THE DONATION OF A HELICOPTER TOUR OF THE
OTAY RANCH PROPERTY BY THE CITY FROM THE BALDWIN COMPANY FOR THE PURPOSE OF
PROVIDING FOR CITY REPRESENTATION
The Baldwin Company has offered to provide a helicopter tour of the Otay Ranch
property for three City representatives. It is recommended Council appoint a
subcommittee to take the tour along with the City Manager or his designee.
(City Attorney)
8a. RESOLUTION 15339 APPROVING THE APPLICATION FOR GRANT FUNDS UNDER
THE ROBERTI-Z'BERG HARRIS URBAN OPEN SPACE AND RECREATION FROGPAl4
8b. RESOLUTION 15340 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS
IN THE AMOUNT OF $5,811 TO MEET THE 30% CASH MATCH REQUIRED BY PROPOSITION 70
TO FUND A DRUG PREVENTION/GANG DIVERSION PROGRAM
During the 1989-g0 budget process, the Department proposed to conduct a Drug
Prevention/Gang Diversion Program within a recreation setting. This program
was intended to be funded through State Grants Proposition 99 and Proposition
70. At present, monies from Proposition 99 are not available for this
program. However, the Department has received word from the State indicating
that the Drug Prevention Program may meet the criteria under Proposition 70,
Roberti-Z'Berg-Harris Urban Open Space and Recreation Grant Program. In order
to be eligible for these funds, a $5,811 cash match must be committed by the
City. (Director of Parks & Recreation)
9. RESOLUTION 15341 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE NATIONAL CENTER FOR DISPUTE SEI'FLEMENT TO PROVIDE A THIRD PARTY
ADVISOR FOR THE CIllf'S QUALITY OF WORK LIFE PROGRAM, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
The City's Quality of Work Life (QWL) program establishes a partnership
between labor and management that is intended to improve the quality of public
services in the most cost efficient manner and to improve the working life of
all employees. When the program was originally being developed, a Third Party
Advisor, Terry Mazany, was retained to assist in the design and implementation
of the program. Funds were included in the FY 1989-90 OWL budget to continue
the use of the Third Party Advisor through the rest of this fiscal year.
(OWL Steering Committee)
lO. RESOLUTION 15342 ACCEPTING PUBLIC IMPROVEMENTS - CONTRACT WORK FOR
TREE TRIMMING SERVICE FOR FISCAL YEAR 1988-89 IN THE CITY OF CHULA VISTA
On February 28, 1989 Council awarded a contract for tree trimming service for
Minutes -5- October 17, 1989
FY 88-89 to Atlas Tree Service, and authorized a change order to increase the
contract amount such that all the funds budgeted for the tree trimming project
would be utilized. The work is now completed. (Director of Public Works)
11. RESOLUTION 15343 ACCEPTING PUBLIC IMPROVEMENTS - CONTPj~CT WORK FOR
INSTALLATION OF NEW IRRIGATION SYSTEM IN HILLTOP PARK IN THE CITY OF CHULA
VISTA
On April 18, 1989, Council awarded a contract for installation of a new
irrigation system in Hilltop Park to Heffler Company, Inc. The work is now
completed. (Director of Public Works)
12a. RESOLUTION 15344 ACCEPTING GRANT OF EASEMENT FROM LARWIN-ROSEDALE
PROPERTIES FOR STREET TREE PURPOSES NORTHERLY OF BOSWELL COURT
12b. RESOLUTION 15345 ACCEPTING GRANT OF EASEMENT FROM LARWIN-ROSEDALE
PROPERTIES FOR SEWER PURPOSES
12c. RESOLUTION 15346 ACCEPTING GRANT OF EASEMENT FROM FN PROJECTS, INC.
FOR SEWER PURPOSES
On December 2, 1988, Parcel Map 15480 was approved by the City. Said Parcel
Map involves the consolidation of several lots to form two large lots north of
Boswell Court. The owners of Parcel 2 of this map are hereby granting sewer
and tree easements. (Director of Public Works)
13. RESOLUTION 15347 RESCINDING AWARD OF CONTPJ~CT TO PACIFIC GRADING &
PAVING FOR STREET IMPROVEMENTS AT COLORADO AVENUE AND KEARNEY STREET IN THE
CITY OF CHULA VISTA, AND AWARDING CONTRACT TO THE SECOND LOW BIDDER, CAVES
CONSTRUCTION
On August 8, 1989, the City Council by Resolution No. 15244, accepted bids and
awarded contract for "Street improvements at Colorado Avenue and Kearney
Street in the City of Chula Vista, CA" to Pacific Paving & Grading. The
contractor, however, is unable to provide the required performance bond before
the contract could be executed. Pacific Paving & Grading has notified the
City that they will be unable to complete the contract documents and enter
into a contract with us. (Director of Public Works)
14. RESOLUTION 15348 APPROPRIATING FUNDS, ACCEPTING INFORJ4AL BIDS AND
AWARDING CDNIRACT FOR REPLACEMENT OF EXISTING STORM DRAIN PIPE ON SLOPE EAST
SIDE OF OTAY LAKES ROAD APPROXIMATELY 600 FEET NORTH OF CAMINO ELEVADO IN THE
CITY OF CHULA VISTA
The City Engineer received informal bids for the construction of "Replacement
of existing storm drain pipe on slope east side of Otay Lakes Road
approximately 600 feet north of Camino Elevado in the City of Chula Vista,
CA". The project involves the removal of an existing pipe, importing of fill
to eliminate the eroded area, placement of a new 18" PVC storm drain,
construction of concrete cutoff walls, lug and replacement of existing curb
outlet for the new structure. It is recommended that Council award the
contract to A.U.I, Inc. in the amount of $24,950. (Director of Public Works)
15. RESOLUTION 15349 Ai)OPTING A STREET DESIGN STANDARDS POLICY
Minutes -6- October 17, 1989
The City's General Plan which was recently adopted includes a Circulation
Element which prescribes a network of streets categorized by size and function
based on anticipated future traffic demands. The adoption of these standards
will update the standards to conform with the newly adopted circulation
element of the General Plan and allow flexibility in the sizing of roadway
facilities shown in the Circulation Element. (Director of Public Works)
Pulled from Consent Calendar.
16a. RESOLUTION 15350 APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA/~2~/
VISTA AND DESIGN FOR HEALTH, INC. FOR ASBESTOS ABATEMENT INSPECTION SERVICES
REQUIRED IN CONNECTION WITH THE REMODELING AND ASBESTOS ABATEMENT WITHIN THE
CHULA VISTA POLICE DEPARTMENT AND AUTHORIZING THE HAYOR TO EXECUTE SAID
AGREEMENT
16b. RESOLUTION 15351 APPROVING AN AGREEMEIfT BETWEEN THE CITY OF CHULA
VISTA AND SHORN AND KAMINSKI ARCHITECTS FOR ARCHITECTURAL AND ENGINEERING
SERVICES REQUIRED IN CONNECTION WITH THE REMODELING OF CHULA VISTA POLICE
DEPARTMENT AND AUTHORIZING THE HAYOR TO EXECUTE SAID AGREEMENT
The construction and asbestos removal contract for the remodel of the Police
Department has been awarded. As part of the construction phase, the City will
require the services of two separate consultants. First, is an asbestos
inspection abatement firm to monitor air quality during the abatement
program. The second is for on-going architectural and engineering support
during the construction phase. This request is to award the contract for
inspection of asbestos removal to Design for Health, Inc. and the
architectural services contract to Shorn and Kaminski Architects. (Director
of Public Works)
17a. RESOLUTION 15352 TEMPORARILY INCREASING THE SEWEP~AGE FACILITY 1~!~
PARTICIPATION FEE
Pulled from Consent Calendar.
17b. RESOLUTION 15353 AMENDING THE MASTER FEE SCHEDULE TO INCREASE THE
SEI~ERAGE FACILITY PARTICIPATION FEE
On October 3, 198g, Council accepted a report concerning an increase in the
Sewerage Facility Participation Fee. It is recommended that Council establish
an interim sewerage Facility Participation Fee of $2,000 per equivalent
dwelling unit of flow. (Director of Public Works)
Pulled from Consent Calendar.
18. ORDINANCE 2337 AMENDING CHAPTER 9.1B OF THE CHULA VISTA MUNICIPAL
CODE REGARDING RENTAL OF HOUSING USED FOR DRUG ACTIVITY - (second reading and
adoption)
The proposed ordinance would encourage and assist landlords in their efforts
to eliminate the use of rental housing for illegal drug related purposes. It
would also enable the City Attorney to take action against landlords who
refuse to eliminate the use of their rental premises for drug related
activities. (City Attorney)
Minutes -7- October 17, 1989
Councilman Malcolm noted that he would be abstaining from voting on this item.
19. REPORT EASTLAKE MEMOP~KNDUM AND CONCEPT PROPOSAL FOR EASTLAKE
III/OL~RAINING CENTER PLAN
On August 29, 1989, the City Council transmitted a two page document prepared
by EastLake to staff for evaluation and report. The intent of the document is
to resolve certain land use issues between the developer and the City on the
overall EastLake Project, including the EastLake III/Olympic Training Center
Plan. (Director of Planning)
20. REPORT REGARDING TP~AFFIC CONTROL DEVICES FOR AREA OF HIDDEN VISTA
DRIVE '
A written request dated Maj, 17, 1989 was received from Mrs. Gay Sweltz of 451
Lawn View Drive requesting the establishment of a speed limit for Hidden Vista
Drive. At its May 2, 1989 meeting, the City Council requested that staff work
with the Safety Commission and review the traffic control devices in the Terra
Nova Park neighborhood. Subsequent to presenting this item to the Safety
Commission, staff received a phone call from Mr. James Frank, President of the
Homeowner's Association for Tetra Nova, requesting an all-way stop at the
intersection of Smoky Circle and Hidden Vista Drive and a left-turn pocket for
northbound Hidden Vista Drive at Windjammer Circle. (Director of Public Works)
Councilman Malcolm noted that he would be abstaining from voting on this item.
21. REPORT ON STATUS OF SOUTH BAY LIGHT FLAIL EVALUATION STUDY
In fall 1987, MTDB staff, at the request of the City of Chula Vista, conducted
a preliminary assessment of an "H" Street Trolley alignment between the
existing "H" Street Trolley Station and Southwestern College. This assessment
identified problems with the "H" Street Trolly alignment including adverse
impacts on existing land uses, traffic and trolley operations due to the grade
east of 1-805, and potential high cost. In a report to Council in January
1988, Chula Vista staff summarized the MTDB assessment of an East "H" Street
trolley line and recommended to Council that the City of Chula Vista request
MTDB to conduct a comprehensive long-range transit plan in Chu1 a Vista which
would include, but not be limited to, light rail on "H" Street. This report
will update Council on the status of this study. (Director of Public Works)
Pulled from Consent Calendar.
22. REPORT ON PASSENGER CONCERNS REGARDING TROLLEY BUSES OPERATING ON
CHULA~TRANSIT (CVT) ROUTES 706/706A
At its meeting on July ll, 1989, Council directed staff to review certain
concerns about the trolley buses operating on CVT Routes 706/706A raised by
Mr. Andrew Delgado. In addition, at its meeting on July 18, 1989, Council, in
response to an oral and written communication from Mr. Wade Guliani, requested
staff to address issues of safety and comfort for trolley riders raised by Mr.
Guliani in a petition signed by trolley riders. Council also directed staff
to address the concerns raised by Mr. Guliani and Mr. Delgado in conjunction
with the Commission on Aging and to report back to Council with
recommendations. (Director of Public Works)
Minutes -8~ October 17, 1989
Pulled from Consent Calendar.
23. REPORT ON TROLLEY STREET CROSSINGS
At its meeting of July 25, 1989, the Council requested that staff conduct a
survey of the condition of each MTDB trolley street crossing in Chula Vista
and to analyze their conditions in terms of comfort, safety, and nuisance. It
is recommended that Council transmit this report to the Metropolitan Transit
Development Board and inform them of our concerns regarding deficiencies in
the rideability and safety of certain railroad crossings in the City of Chula
Vista.
24. REPORT ON AUTOMATIC AID AGREEMENT WITH THE BONITA-SUNNYSIDE FIRE 1~/~/
DISTRF
In June, 1989, Council directed staff to enter into negotiations with the
Bonita-Sunnyside Fire Protection District to develop a phase-out of the
contract for fire protection services. It is recommended that Council accept
the phase-out provisions. (Assistant City Manager)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
25. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR SUN-UP
VISTA, CHULA VISTA TRACT 8g-12 - GOLD KEY DEVELOPMENT
RESOLUTION )~:~: APPROVING THE TENTATIVE SUBDIVISION MAP FOR SUN-UP
VISTA, CVT Bg-12 - GOLD KEY DEVELOPMENT
This being the time and place as advertised, Mayor Cox declared the public
hearing open.
Mr. Ken Green, Developer of Sun Up Vista, informed the Council that due to
concerns over fire protection, the development would redevelop the three rear
lots into two and either hammerhead or utilize a cul de sac for access of fire
equipment. There will also be an open vegetation area in the rear of the
project. He summarized that this is a good plan for rough land and would be
an asset to the community.
Mr. Robert McGraw, Architect representing Gold Key Development, stated that
the project would result in widened streets, landscaping to City standards,
open spaces, and provide housing which will be competitive in design and
market value.
Mrs. Noel Battrick, 70 E1 Capitan Drive, stated that the proposed development
extends into and overlooks her property. She is concerned about the density,
stability of slope to support three houses, assurance that existing homes will
not be damaged, legal liability and health risks due to an existing above
ground sewer line, and that flow through the swale not be impeaded. She
stated that there is abundant wildlife and birds in the canyon and development
would create an imbalance. Homes along Telegraph Hill would be compatible but
that there should be no homes in the canyon.
Minutes -9- October 17, 1989
Mrs. Bev Tesch, 102 E1 Capitan Drive, stated that her home is closer to the
development than depicted on the map and that the development would impact her
view. She also stated that there was plentiful wildlife in the canyon.
Mr. Ralph Nieders, 81 East San Miguel Drive, would like to see the rear three
lots removed or be limited to single stories so that the existing residences
would not lose their view and privacy.
There being no further public testimony, the public hearing was declared
closed.
Council discussion followed with concern being expressed over the inclusion of
the drainage basin in lot size to meet FAR requirements, staff decision of fee
easements, access, and wildlife. Tom Harron, City Attorney, informed the
Council that there was a six month time limit from time of application for
action by Council. Mr. Green agreed to waive the time limitation in order to
meet with staff regarding concerns.
MSC {Malcolm/McCandliss) to return the tentative subdivision map for Sun-Up
Vista, Chula Vista Tract 89-12 to planning for review, to include
environmental, lot size, open space, and drainage. Staff is also to review
FAR. Councilman Moore abstained.
26. PUBLIC HEARING DESIGNATION OF SDG&E PROPERTY AS GENERAL INDUSTRIAL
RESOLUTION 15354 AMENDING RESOLUTION NO. 15176 TO RESCIND THE
GENERAL PLAN REDESIGNATION OF THE SDG&E POWER PLANT SITE
This being the time and place as advertised, Mayor Cox declared the public
hearing open.
Tom Harron, City Attorney informed the Council that a final signed copy of the
SDG&E settlement had been received with only one change that was not
considered substantial.
MSC (Nader/McCandliss} to trail item in order to meet in Closed Session to
review settlement agreement and seek legal advice. 4-1-0 Councilman Malcolm
voting no.
There being no additional staff comments or further public testimony the
public hearing was declared closed.
OTHER BUSINESS
27. ORAL COMMUNICATIONS
27a. Victor A. Nolan, 12 Via Barberini, Chula Vista, commenting on editorial
from Tom Davis regarding the City of Chula Vista.
27b. Paul Greene, Sr., 141 Lotus, Chula Vista questioned the disposition of
his suit against Councilmembers and recent incident with the Chula Vista
Police Department. Mayor Cox recommended that Mr. Greene meet with the City
Attorney.
Minutes -lO- October 17, 1989
28. ITEMS PULLED
15. RESOLUTION 15349 ADOPTING A STREET DESIGN STANDARDS POLICY
Councilman Nader expressed his concern regarding the state law that dictates
speed limits by design standards and would like to see minimum design
standards incorporated into the proposed pol icy. Major concern is for
pedestrians and school children.
Hal Rosenberg, Traffic Engineer, informed the Council that experience has
shown design speeds do not encourage motorists but that it is the surrounding
conditions.
Cliff Swanson, City Engineer, stated that these issues were reviewed as the
plan was developed. He further stated that there has been more involvement in
the planning of schools between the Districts and the City.
AHENDMENT
(Nader/McCsndliss) to amend the policy to provide thst street design speed of
40 mph or greater to be discouraged in front of elementary schools or enroute
until such time state law is changed. The policy of the City should be to
provide lower design speeds for pedestrian and student access.
Councilman Malcolm stated that he felt the staff report was good and that he
could not support the motion.
Mayor Cox stated that the report should be adopted as presented and areas of
concern addressed by staff and school boards as a seperate item.
VOTE ON AMENDMENT
Motion failed 4-1-0 with Councilman Nader voting yes.
MOTION
MSCU (Nader/Malcolm) to have report brought back by staff regarding pedestrian
and school access.
17a. RESOLUTION 15352 TEMPOP. ARILY INCREASING THE SEWEP. AGE FACILITY
PARTICIPATION FEE
17b. RESOLUTION 15353 A/4ENDING THE ~U~STER FEE SCHEDULE TO INCREASE THE
SEWEILAGE FACILITY PARTICIPATION FEE
John Lippitt, Director of Public Works informed Council that builders in the
area and all applicants for building permits had been notified of the pending
changes.
John Seymour, 6336 Greenwich Drive #F, San Diego, representing the
Construction Industry Federation. Mr. Seymour stated that the CIF requested
the fees become effective sixty days following the enactment of the increase
pursuant to California Government Code Section 65962 and that an annual formal
Minutes ~ll- October 17, 1989
review of this account be conducted. It was further requested that monies and
interest accrued to this account be used specifically for expansion to serve
new users, and not for replacement programs.
Director of Public Works Lippitt informed the Council that the current fees
could be utilized for replacement as well as expansion. He stated that issues
were not fully known at this time and further issues would be addressed in
future reports. This fee would be considered as an interim fee with more
information and expansion of policies within six months.
Councilman Moore stated that maintenance should be from existing accounts and
new fees utilized for construction only.
Director of Public Works Lippitt informed the Council that $1,400 could be set
aside for expansion with $600 being utilized for existing.
RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived,
passed and approved unanimously.
21. REPORT STATUS OF SOUTH BAY LIGHT PAIL EVALUATION STUDY
Mr. George Frank representing SANDAG gave a brief report on the initial phase
of the trolley extension. SANDAG hopes to identify a preferred line with
recommendations to MTDB and City Council by the end of the month. SANDAG will
appoint advisory and technical committees.
Mayor Cox noted the possible development of the olympic training center,
University of California campus, Baldwin and the General Plan recognition of a
regional shopping center.
Councilman Nader expressed his concerns regarding the disruption of
residential areas and inquired about the feasibility of extending H Street to
Broadway.
Mr. Frank stated that SANDAG has been in contact with many of the developers
and the City Planning Staff and is now in the process of trying to identify
and screen two or three sites.
Councilman Moore noted that timing was extremely important. The City would be
widening Broadway during 1990-91 and that design should be included at that
time to include trolley tracks.
MOTION
MSCU (Moore/Malcolm) to accept report, passed unanimously. Council requested
SANDAG to look at possibility of extending H Street to Broadway.
22. REPORT ON PASSENGER CONCERNS REGARDING TROLLEY BUSES OPEP~ATING ON
CHULA VISTA TRANSIT (CVT) ROUTES 706/706A
William Gustafson, Transit Coordinator showed a slide presentation of the
recent improvements to the trolleys.
Victor A. Nolan, 12 Via Barberini, Chula Vista, representing the Mobilehome
Issues Committee stated that the only existing problem was the lack of a
Minutes -12- October 17, 198g
handrail for the top step.
Wade Giuliani, 214 J Street, Chula Vista, stated that he would like to see the
hours of service reviewed and questioned the design of the trolley regarding
access to curbs and the operation of the lift.
Adeline Miller, 731 G Street, Chula Vista, requested that the Council review
the option of removing the trolley from the 706/706A routes and utilize
regular buses or shuttles on these routes.
MSCU IMalcolm/Moore) to accept report and have staff review report, ridership,
route needs, and schedule times. Report due back to Council within six months.
26. RESOLUTION 15354 AMENDING RESOLUTION NO. 15176 TO RESCIND THE
GENERAL PLAN REDESIGNATION OF THE SDG&E POWER PLANT SITE
RESOLUTION OFFERED BY MAYOR COX, the reading of the text was waived.
AMENDMENT TO RESOLUTION
MSCU (Nader/McCandliss) to amend resolution to contain a Be It Resolved
paragraph which would indicate that the agreement was part of the City's end
of settlement with SDG&E and to ensure that they will not represent to the
State Energy Commission or other agency that current zoning is compatable with
the Chula Vista General Plan and if agreement is violated or set aside, the
Resolution is void.
Councilman Nader stated that the purpose is to settle litigation while giving
assurance to Chula Vista that if an application is made to the State Ener~y
Commission for a new plant on SDG&E property that representations would not be
made acknowledging compatibility of zoning while the City is in the process of
an environmental review and possible zoning changes. Intent is that everyone
is living up to their end of the bargain.
Councilwoman McCandliss stated that the Resolution and Agreement cover
contingencies and concerns. Moratorium currently exists and the City is
moving forward with the public hearing and environmental review and that she
was comfortable with the initial vote. The agreement protects the property
for the future and saves the cost of litigation, staff time and protects the
City.
Councilman Malcolm stated that he disagrees with the agreement and legal
counsel and feels that the plant is a blight and therefore would not support.
Councilman Nader stated that he understood but the settlement agreement and
resolution did not state that either side was involved in wrong doing. The
settlement agreement was to protect the City from further expense and from
possible consequences from the State Energy Commission. He also agreed that
he did not feel a change in zoning was wrong but that everyone must be
pragmatic if all sides line up to agreement. The EIR and public hearing
process is going ahead and that he reluctantly supported the motion on the
floor.
VOTE ON RESOLUTION
Minutes -13- October 17, 1989
The motion passed 4-1-0 with Councilman Malcolm opposing.
Jeffery Parrott, Attorney representing SDG&E, introduced Charles V. Berwanger
of Luce, Forward, Hamil ton and Scripps, the independent counsel representing
SDG&E. He stated that due to the amendment to the Resolution, SDG&E would
have to withdraw the settlement agreement. They felt that the amendment
deviated from the original Resolution and Agreement.
Councilman Nader stated that he understood and that the amendment was not to
take advantage and that the Agreement should be held in abeyance until
satisfactory language is drafted.
Councilman Moore stated that the intent was to take the last paragraph of the
Resolution and enforce it, not to change it.
It was the concensus of the Council to have the City Attorney draft the
language of the amendment and meet with SDG&E Attorneys.
29. CITY M~kNAGER'S REPORT(S)
Mr. Goss commented regarding the earthquake in San Francisco and stated that
the City would monitor developments closely for the Office of Disaster
Preparedness.
2ga. There will be no scheduled Council Meeting next week due to the
California League of Cities Conference.
A Council Workshop will be held in the Council Conference Room on Thursday,
October 26, 1989 at 4:00 p.m. Issues to be discussed will be the
consideration of monolithic sidewalks and consideration of CATV matters.
Mayor Cox requested that consideration of Norman Park Senior Center Renovation
d
Project be added to the agen a as item #1.
A Growth Management Workshop for the General Plan will be held in November and
December. The fourth Tuesday of November is a holiday and Mr. Goss stated
that the meeting could be held on November 30th and that he would contact
Council regarding scheduling.
29b. Mr. Goss introduced the new Planning Director, Mr. Bob Leiter.
30. !(AYOR'S REPORT(S)
30a. Stewart Shaffer representing SANDAG, stated that they are currently
obtaining public comment regarding Proposition C and have released a
preliminary report.
Mayor Cox stated that SANDAG would provide the staffing for the Oversite
Committee under the Joint Powers Agreement. The committee would provide a
forum for disputes and would be similar to the current process with SANDAG.
Councilman Moore stated that it would provide a check and balance designed to
enable cities to work together from the ground floor on planning issues.
Minutes -14- October 17, 1989
Councilwoman McCandliss stated that the Council shou1 d be cautious in trying
to fit non-linked government agencies into a traditional agency instead of an
independent agency. She stated that the results would be very important to
the region.
Mayor Cox stated that SANDAG was the logical choice and that it would be a
good forum for regional issues and a shining example nationally. Cities would
not be charged member fees or assessments.
Councilman Nader recommended that a representative from Mexico be asked to
serve as an ex-officio member.
MSC (Cox/Malcom) to support Proposition C recommendations 4-0-1 Councilwoman
McCandliss absent. Mayor Cox will represent the City.
30b. Mayor Cox informed the Council that the 1 atest report on the site
location for the University of California campus stated that 120-150 candidate
sites would be evaluated by November, 1989 with the final three sites to be
chosen by October 18, lggO. An environmental impact review will be conducted
on the final three sites.
31. COUNCIL COMMENTS
Councilman Malcolm noted the following:
a. Questioned whether Council Committee meetings required noticing.
MSC (Malcolm/Moore) to direct staff to post subcommittee meetings when not
closed 4-0-1 Councilwoman McCandliss absent.
b. Recent court decision on lenient jail term for hit-and-run driver.
Urged citizens to contact their legislators regarding the tightening of
federal and state laws.
c. Inquired as to when the rezoning on the General Plan would start.
Planning is to submit memo to Council on rezoning and priorities.
Councilman Moore noted the following:
a. Regarding the City Council authorization of replacements for Youth
Commissioners.
MSC (Moore/Malcolm) to authorize staff and Councilman Moore to coordinate with
the schools regarding vacancies 4-0-1 Councilwoman McCandliss absent.
b. Regarding conversion of single family residence into medical care
facility.
Councilman Nader noted the following:
a. Efforts to involve citizens in a Disaster Preparedness Program.
b. County Water Authority Report on take over of distribution grid of
SDG&E. Requested staff to place on future agenda to review options.
Minutes -15- October 17, 1989
c. Requested subcommittee report on legislative reconmnendations for
tightening drunk driving laws be brought back to Council for consideration and
acti on.
The City Council adjourned to Closed Session at 8:35 p.m. to discuss potential
litigation pursuant to Government Code Section 54956.6 and reconvened at 9:12
p.m.
The City Council adjourned to Closed Session at 10:32 p.m. to discuss
instructions to negotiators for award of Cable TV franchise pursuant to
Government Code Section 54956.8 - Jones Intercable.
ADJOURNMENT AT 10:48 p.m. to the next regular meeting of Tuesday, November 7,
1989 at 4:00 p.m. in the Council Chambers.
Respectful ly submitted,
BEVERLY A. AUTHELET, CMC, City Clerk