HomeMy WebLinkAboutcc min 1984/06/19 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA, CALIFORNIA
Tuesday, june 19, 1984 Council Chamber
7:08 p.m. Public Services Building
ROLLCALL
Councilmembers present: Mayor Cox, Councilmembers Scott, Moore,
McCandliss
Councilmembers absent: Councilmember Malcolm
Staff present: City Manager Goss, City Attorney Hatton,
Assistant City Manager Asmus
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance was led by Mayor Cox followed by a moment of silent
prayer.
1. APPROVAL OF MINUTES for the meetings of May lg, 22, 30, 31, and June 5
and 12, 1984
MSUC (Moore/Scott) to approve the minutes.
2. SPECIAL ORDERS OF THE DAY (None)
3. WRITTEN COMMUNICATIONS
a. CLAIMS AGAINST THE CITY
1. Wayne Dingman, 5205 Racine Court, Bonita, CA 92002
A claim was filed in the amount of $750,000 alleging personal injuries
received when struck by a vehicle at the intersection of Sweetwater Road and
Bonita Road.
2. Lawrence R. Swasey, 371 East Naples Street, Chula Vista, CA 92011
A claim was filed in the amount of ~500,000 alleging personal injuries as a
result of a traffic collision in which claimant's motorcycle was struck by a
pickup truck at the intersection of "H" Street and Hilltop Drive.
3. Mario De La Madrid, 1340 Monserate Avenue, Chula Vista, CA 92011
A claim was filed in the amount of ~300,000. This is related to the
above-mentioned claim as Mario Be La Madrid was a passenger on Lawrence
Swasey's motorcycle at the time of the collision.
4. Sandra J. Barrick, 40 Oaklawn Avenue No. ll, Chula Vista, CA 92010
A claim was filed in the amount of ~5 million dollars. Sandra Barrick while a
pedestrian at the O0 Block of Broadway was struck by a vehicle while crossing
the street.
City Council Meeting - 2 - June 19, 1984
It was recommended by Carl Warren and Company and the Risk Management staff
that the City reject the above claims.
MSUC (McCandliss/Scott) to reject the claims.
b. REQUEST TO SUPPORT LEGISLATION SPECIFYING ACCEPTABLE EXPENDITURES FROM
LEGISLATIVE CONTINGENCY FUNDS (Committee to Reform Spending Practices in
the California Legislature)
The letter requested adopting a resolution supporting reform of expenditures
from the Legislature's Contingency Fund.
MS (Moore/McCandliss) to file the request.
Councilman Scott stated he would like to see this turned over to the
Legislative Committee with a report back.
SUBSTITUTE MOTION
MSUC (Scott/McCandliss) to refer this request to the Legislative Committee for
a report back to the Council.
c. REQUEST FOR COUNCIL PRESENTATION TO REVIEW CITY'S CURRENT SMOKING
REGULATIONS (Chula Vista Citizens Committee of Californians for
Nonsmokers Rights - Donald J. MacNell
Mr. MacNell, Chairman of the Chula vista Citizens Committee of Californians
for Non-Smokers' Rights, requested his representative, Howard Mitchell appear
before the City Council to make a presentation in order to review and
modernize current smoking regulations.
Miss Jeanette Fuss, 2307 East Fifth Street, National City, representing
Californians for Nonsmokers Rights quoted sections from the Attorney General's
report on smoking. Miss Fuss submitted statistics regarding smoking as it
affects cancer; the number of children from age 12 and up who are now smoking;
and the number of deaths associated to smokers. She urged Council to adopt a
new smoking ordinance.
MSUC (Moore/Cox) to refer this request to staff for report and review; also to
refer to the Chamber of Commerce for their comments and recommendations along
with any appropriate commissions.
d. REQUEST FOR ORDINANCE ON NON SMOKER AREAS IN RESTAURANTS AND PLACES OF
BUSINESS (Norma McLees and Donald T. McLees)
Mr. and Mrs. McLees, 823 Floyd Avenue, Chula Vista, CA 92010, requested all
restaurants and places of business to have non-smoking areas and preferably no
smoking at all.
MSUC (Cox/McCandliss) to refer this request to staff for report and review;
also to refer to the Chamber of Commerce for their comments and
recommendations along with any appropriate Commissions.
City Council Meeting - 3 - June 19, 1984
e. LETTER REGARDING PET REGULATIONS (James E. Armstrong)
The request from Mr. Armstrong was for (1) people who live in apartments be
limited to one pet who will be fixed; (2) no person on welfare to have any
pets since the taxpayers money should not be spent for animal care.
A motion was made by Councilman Moore to file the request. The motion died
for lack of second.
MS (McCandliss/Scott) to refer this request to staff.
Council discussion followed regarding having some type of response to Mr.
Armstrong.
SUBSTITUTE MOTION
MSUC (Cox/Scott) to refer this request to staff to prepare an appropriate
response to Mr. Armstrong.
f. REQUEST CONSIDERATION FOR SIGN ORDINANCE CLASSIFYING REQUIREMENTS
(Downtown Committee, Chula Vista Chamber of Commerce)
The Chamber of Commerce on Tuesday, June 12, 1984, adopted a resolution that
the City review its sign ordinance and classify various requirements by
District in color-coded manuals or pamphlets which can be presented to
businesses upon application for a license.
MSUC (Moore/Scott) to refer this to staff for review and report.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCE
4. PUBLIC HEARING CONSIDERATION OF TENTATIVE SUBDIVISION MAP OF THE
NINE, CHULA VISTA TRACT 84-6 AT 385-391 "G" STREET
THE WIL CORPORATION (Planning Director)
a. RESOLUTION 11649 APPROVING THE TENTATIVE SUBDIVISION MAP FOR THE CHULA
VISTA TRACT 84-6 - THE NINE
This being the time and place as advertised Mayor Cox opened the public
hearing.
Director of Planning Krempl stated the applicant has submitted a tentative
subdivision map known as The Nine, Chula Vista Tract 84-6 to convert a g-unit
multiple family project presently under construction at 385-3gl "G" Street in
the R-3 zone into a one lot condominium project. The proposed development
will consist of six two-bedroom townhouse units and three one-bedroom flat
units in a combination two and three-story structure located on the easterly
half of the site. On May 23, 1984, the Planning Commission adopted the
Negative Declaration issued on IS-81-40 and recommended Council approve the
tentative map in accordance with their Resolution PCS 84-6. The Planning
Director recommended concurrence with the Planning Commission recommendation.
City Council Meeting - 4 - dune 19, 1984
There being no comments, either for or against, the pub]ic hearing was
declared closed.
In response to Counci]woman McCandliss' query, . Mr. Kremp] stated the P]anning
Commission vote was 5-1 with one member absent.
RESOLUTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
5. PUBLIC HEARING CONSIDEP~ATION TO REZONE 2.95 ACRES LOCATED AT THE
NORTHEAST CORNER BROADWAY AND MOSS FROM C-T TO C-T-P
AND R-3 - WAYNE BIENHOFF (Planning Director)
a. ORDINANCE 2072 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
2.95 ACRES LOCATED AT THE NORTHEAST CORNER OF
BROADWAY AND MOSS STREET FROM C-T TO C-T-P AND R-3 ~
FIRST READING
This being the time and place as advertised, Mayor Cox opened the public
hearing.
Director of Planning Krempl submitted transparencies noting area location for
the applicant's proposal for a 28 unit motel; the adjacent land uses and
zoning, and the proposed depth of the rezoning request. This item involves a
request to fezone the easterly 293 feet (1.95 acres) of a 2.95 acre parcel
located at the northeasterly corner of Broadway and Moss Street from C-T
(Commercial Thoroughfare) to R-3 (Multiple Family Residential, 32 DU's per
acre) and attach the "P" Modifying District to the remaining C-T area
(westerly 150 feet). The latter was recommended by the Planning Commission
and agreed to by the applicant.
On May 23, 1984, the Planning Commission adopted the Negative Declaration
issued on IS-84-24 and recommended Council approve the rezoning in accordance
with Resolution PCZ-B4-H. The Planning Commission stipulated the following
three conditions be required:
The property shall not be subdivided until a precise plan is approved and
the property developed.
(2) No buildings shall exceed more than one story in height.
There shall be a minimum separation of 25 feet between the commercial
buildings and adjacent residential structures.
In answer to the Mayor Cox's query, City Engineer Lippitt stated there would
have to be some dedication of a right-of-way along the northern boundary of
this property for the Tel egraph Canyon Creek Flood Control project.
City Council Meeting 5 June 19, 1984
Mr. Jack Duncan, 2700 Adams Avenue, San Diego, representing the applicant,
noted the Planning Commission's unanimous approval with the stipulation of the
"P" Modifying District. Mr. Duncan stated the applicants are in complete
agreement with the designated "P" zone. Mr. Duncan then noted the number of
businesses along Broadway which have commercial depths of 120-130 feet adding
there is a need for the low-and moderate income housing in the City and urged
the Council to approve this request.
Mr. Bill Hedenkamp, architect for the project, 1331 India Street, San Diego,
stated all of the Engineering Department requirements were met; the applicants
will be dedicating right-of-way for the Telegraph Canyon Creek project which
is a condition of the parcel map; submitted plats noting commercial
developments along Broadway and how this particular development compares to
those; discussed ingress and egress; noted the number of fire hydrants to be
installed and concurred with the recommendation for the "P" Modifying District
zone.
There being no further comments, either for or against, the public hearing was
declared closed.
Council discussion followed with the Director of Planning and the City Manager
answering questions pertaining to the various commercial depths along
Broadway; the Broadway study that was done in 1982 recommending deeper
commercial depths; having 1 andscaped buffers from the Broadway property onto
the subject property; and staff's recommendation for the deeper commercial
depth.
MSUC (Cox/Moore) to amend the ordinance to require a condition for dedication
of a right of way for the Telegraph Canyon Creek Flood Control project.
MSUC (Moore/Scott) to place the Ordinance on first reading as submitted by the
Planning Commission and amended by the City Council; the reading of the text
was waived by unanimous consent, passed and approved unanimously.
6. PUBLIC HEARING TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT FOR FY 1984-85 (City Engineer)
a. RESOLUTION 11650 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED MAY
30, 1984 PREPARED PURSUANT TO RESOLUTION NO. 11613
APPROVED PURSUANT TO RESOLUTION NO. 11638 OF SAID
COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE,
DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT;
ORDERING CERTAIN STREET LIGHTING FIXTURES AND
APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT
TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO
ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE
FISCAL YEAR BEGINNING JULY 1, 1984; AND LEVYING SAID
ASSESSMENT FOR THE FISCAL YEAR JULY l, 1984 THROUGH
JUNE 30, 1985.
CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING
AND LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985
City Council Meeting - 6 - June 19, 1984
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt explained that the Town Centre No. 1 Street Lighting and
Landscape Maintenance District was formed in 1980 after improvements were made
along Third Avenue between "E" and "F" Streets. Since then the improvements
have been extended south of "G" Street and westerly from Third Avenue on the
south side of "F" Street. The district boundary is proposed to be adjusted to
include three properties on the south side of "F" Street between Third Avenue
and Garrett Avenue. The public hearing is required to consider levying the
assessments.
In answer to Council's questions, Mr. Lippitt explained the formula for the
assessments and the change in the staff's report for the assessment for the
Seafood Broiler which will be developed along "F" Stret. The restaurant will
be assessed for one-half of a year instead of one year and the vacant parcel
will only have a token assessment.
There being no further comments, either for or against, the public hearing was
declared closed.
RES~UTION OFFERED BY COUNCILMAN SCOTT, the reading of the text was waived by
unanimous consent, passed and approved unanimously.
7. PUBLIC HEARING BAY BOULEVARD STREET LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT FOR 1984-85 (City Engineer)
a. RESOLUTION t1651 CONFIRMING THE REPORT OF THE CITY ENGINEER DATED MAY
30, 1984 PREPARED PURSUANT TO RESOLUTION NO. 11612
APPROVED PURSUANT TO RESOLUTION NO. 11640 OF SAID
COUNCIL, AND THE PLANS, SPECIFICATIONS, ESTIMATE,
DIAGRAM AND ASSESSIci~NT CONTAINED IN SAID REPORT;
ORDERING CERTAIN STREET LIGHTING FIXTURES AND
APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT
TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO
ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE
FISCAL YEAR BEGINNING JULY l, 1984; AND LEVYING SAID
ASSESSlaNT FOR THE FISCAL YEAR JULY 1, 1984 THROUGH
JUNE 30, 1985.
CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT NO. 1984-1985
This being the time and place as advertised, Mayor Cox opened the public
hearing.
City Engineer Lippitt explained that the Bay Boulevard Street Lighting and
Landscape Maintenance District was formed in 1982 after street lighting and
landscaping improvements were made along Bay Boulevard between "E" and "F"
Streets. Since that time, the Bayfront Park has been completed and the
maintenance costs are included in the proposed assessments. The public
hearing is required to levy assessments for the coming fiscal year to the
properties within the district.
· II'
City Council Meeting - 7 - June 19, 1984
There being no comments, either for or against, the public hearing was
declared closed.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
8. ORAL COMMUNICATIONS (None)
CONSENT CALENDAR (Items 9-15)
Councilwoman M~andliss requested Item No. lO be pulled.
MSUC (Scott/Cox) to approve the Consent Calendar.
Mayor Cox noted Item No. ll needs a four-fifth's vote.
9. RESOLUTION 11652 APPROVING SEVENTH AMENDMENT TO AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED
PORT DISTRICT FOR GROUNDS AND COMFORT STATION
MAINTENANCE AT THE "J" STREET MARINA ON SAN DIEGO
UNIFIED PORT DISTRICT PROPERTY (Director of Parks and
Recreation)
By Resolution No. 10977, Council approved the Sixth Amendment to an Agreement
with the San Diego Unified Port District, whereby the City provided
maintenance services at the "J" Street Marina during fiscal year 1983-84.
A provision in the basic agreement allows an agreement extension upon mutual
consent of both parties. A proposed extension of fiscal year 1983-84 has been
prepared by the Port District and City staffs for ratification by the Port
Commission and the City Council. The agreement contains the same elements as
prior years' agreements with the Port District and covers all costs associated
with maintenance of the "J" Street Marina.
ll. RESOLUTION 11654 PROVIDING FOR THE SPECIAL APPROPRIATION OF FUNDS TO
PAY FOR CONTRACT PLAN CHECKING (Building and Housing
Director)
To provide the developer with reasonable turn-around time on plan checking of
building projects, the Building Department instituted a policy that when the
City's plan check backlog waiting time is 14 days, the plans are sent to an
outside plan check firm. With the high volume of construction now taking
place, the two plan checkers have not been able to keep up with the volume of
plans necessitating that the City send more plans to the private plan check
firm. The contract pl an check firm does work only for municipalities thereby
eliminating any conflict of interest that might occur if they did work for
private firms.
City Council Meeting - 8 - June 19, 1984
12. RESOLUTION 11655 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SCOOT FOR TRANSIT SERVICE FOR FY 1984-85 (City
Engineer)
SCOOT was established in August 1979 as a Joint Powers Agency between the City
of Chula Vista and the County of San Diego. SCOOT provides transit service to
both member agencies and makes Transportation Development Act (TDA) claims
against each member's apportionment based on transit service provided.
13. RESOLUTION 11656 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND SAN DIEGO TRANSIT CORPOP~ATION (SDTC) FOR TRANSIT
SERVICE DURING FY 1984-85 (City Engineer)
The FY 1983-84 SDTC agreement is to provide transit service in Chula Vista
with Routes 20 and 32. The cost of this service for FY 1983-84 is estimated
to be ~91,760, a decrease of ~20,112, or 21.9%, from the FY 1983-84 cost of
$111,872. The Transit Coordinator has analyzed the comparative cost to the
City of contracting with SDTC for Route 32 service, and of SCOOT operating CVT
service on Broadway Avenue between the "H" Street and Palm Avenue Trolley
Stations. SDTC can operate Route 32 service at a lower net cost to the City
than SCOOT during 1984-85 due primarily to Federal and State subsidies and
higher fare revenue per passenger, applied to SDTC gross cost.
14. RESOLUTION 11657 APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND COMMUNITY TRANSIT SERVICES,
INC. FOR HANDYTRANS OPERATIONS FOR THE PERIOD JULY l,
1984 TO JUNE 30, 1985, AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT AND AMENDING PROPOSED FY
1984-85 ELDERLY AND HANDICAPPED TRANSIT BUDGET (City
Engineer)
On May 24, 1983, Council approved a two-year agreement with Community Transit
Services, Inc. (CTS) for HandYtrans operation. The contract cost for the
second year of that agreement, FY 1984-85, is $196,518, an increase of 5.3%
over the FY 1983-84 contract cost of $186,600. On March 30, 1984, Transit
staff submitted an Article 4.5 Transportation Development Act (TDA) claim to
SANDAG in the amount of ~197,270 for funding support for HandYtrans operations
in FY 1984-85. This Article 4.5 claim included funding to support the FY
1984-85 CTS contract amount of $196,518, in addition to approximately $13,000
in TDA funds to increase HandYtrans service level an average of 2 hours per
day next fiscal year. Due to a shortfall in Article 4.5 funds for next fiscal
year, SANDAG has approved an Article 4.5 claim for Chula Vista in the amount
of $176,756. Based on this TDA amount, sufficient funds will be available to
finance a CTSD contract for FY 1984-85 in the amount of ~189,816. This
contract amount results in deletion of the proposed expanded service for next
year and a reduction of $6,702 from the approved contract amount of $196,518.
City Council Meeting - 9 - June 19, 1984
The City Engineer recommended Council:
(1) approve the first amendment to agreement between the City of Chula Vista
and Community Transit Services, Inc. for the period July 1, 1984 to June
30, 1985 (FY 1984-85) reducing the CTS cost from $196,518 to $189,816;
and
(2) amend the proposed FY 1984-85 Elderly and Handicapped Transit budget in
the following manner:
a. delete the supplemental budget request of ~15,000 in Account
2360-5203 (Special Contractual Services); and
b. reduce the base budget contract amount from $196,520 to $189,816 in
Account 2360-5203 (Special Contractual Services).
15. RESOLUTION 11658 APPROVING AGREEMENTS FOR COORDINATED TRANSPORTATION
SERVICES AMONG THE CITY OF CHULA VISTA HANDYTPu~NS,
THE ASSOCIATION FOR RETARDED CITIZENS OF SAN DIEGO
STARLIGHT CENTER AND SAN DIEGO REGIONAL CENTER FOR
THE DEVELOPMENTALLY DISABLED (City Engineer)
The Coordinated Transportation Service involving the City of Chula Vista
(HandYtrans), Starlight Center, and Regional Center started on March 22,
1982. Under this arrangement, Regional Center reimburses the City for the
full cost of HandYtrans transporting Regional Center clients to the Starlight
Center Rehabilitation Program, using two Starlight Center vehicles. Amendment
#2 to the Agreement between the City and Starlight Center will continue the
same relationship between the City and Starlight Center until September 30,
1984. The Agreement between the City of Chula Vista and San Diego Regional
Center is also for the period July 1, 1984 through September 30, 1984. This
Agreement specifies the full cost recovery to the City of Chula Vista for
transportation services provided to Regional Center clients attending the
Starlight Center.
End of Consent Calendar.
10. RESOLUTION 11653 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE CITY OF EL CAjON FOR THE PROVISION OF DATA
PROCESSING SERVICES (Director of Management Services)
The City's existing data processing services agreement with E1 Cajon became
effective in July of 1980. That agreement delineated the methodology for
determini ng the billing rates during the life of the agreement rather than
specifying pa~icular rates of charge. The billing system was based on a
fair-share, full cost recovery system that was appropriate for batch
processing. As more and more processing is done on-line; however, that
billing system has become less appropriate and less workable. Because of
these problems with the existing rate-setting procedures, E1 Cajon's Director
of Finance and Chula Vista's Director of Management Services reached
conceptual agreement on a new rate-setting system in mid-1983. Because of a
turnover in E1Cajon's Director of Finance position, the proposed contract was
not completed until recently but the effective date of the contract has
remained July 1983.
City Council Meeting - lO - June 19, 1984
Councilwoman McCandliss questioned the overhead cost. Director of Management
Services Thomson explained the cost is less than average in determining full
cost recovery - the rate covers fringe benefits, cost of building, equipment,
management contract, etc.
RESOLUTION OFFERED BY COUNCILWOMAN McCANDLISS, the reading of the text was
waived by unanimous consent, passed and approved unanimously.
RESOLUTIONS AND ORDINANCES, FIRST READING
16a. RESOLUTION 11659 APPROVING MAP OF CHULA VISTA TPu~CT 81-6 OTAY VALLEY
INDUSTRIAL PARK ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS
GI~ANTED ON HID MAP WITHIN SAID SUBDIVISION AND
APPROVING AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION (City
Engineer)
b. RESOLUTION 11660 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND OTAY VALLEY INDUSTRIAL PARK, OWNER/DEVELOPER OF
CHULA VISTA TRACT 81-6, WAIVING THE RIGHT TO OPPOSE
THE FORMATION OF AN ASSESSMENT DISTRICT
c. RESOLUTION 11661 AMENDING CONDITIONS 4, 5 AND 15 OF RESOLUTION NO.
10557 APPROVING TENTATIVE SUBDIVISION MAP FOR CHULA
VISTA TRACT 81-6, AND ACCEPTING A BOND FOR ~80,000 TO
ENSURE PERFORMANCE
d. RESOLUTION 11662 ACCEPTING A CASH BOND OF ~4,000 TO COMPLETE
IMPROVEMENTS IN MAXWELL ROAD
e. RESOLUTION 11663 ACCEPTING GRANT OF EASEMENT FROM WALKER SCOTT
PROPERTIES/PALM, A GENERAL PARTNERSHIP FOR DRAINAGE
PURPOSES
f. RESOLUTION 11664 ACCEPTING GRANT OF EASEMENT FROM OTAY VALLEY
INDUSTRIAL PARK FOR SLOPE RIGHTS - CHULA VISTA TRACT
81-6
The Final Map has been checked and found to be in conformance with the
Tentative Map.
Chula Vista Tract 81-6 consists of 19 industrial lots on 40.384 acres of
land. Approval of the Final Map includes acceptance of Research Court, Design
Court, and portions of Otay Valley Road and Maxwell Road and acceptance of a
street tree easement along Otay Valley Road, drainage easements, sidewalk
ramps and pedestrian access easements.
RES(1LUTIONS OFFERED BY COUNCILMAN SCOTT, the reading of the texts were waived
by unanimous consent, passed and approved unanimously.
~ City Council Meeting - 11 June 19, 1984
17a. RESOLUTION 11665 APPROVING MAP OF CHULA VISTA TRACT 80-5 UNIT C (EL
RANCHO DEL REY 6C), ACCEPTING ON BEHALF OF THE PUBLIC
.. THE PUBLIC STREETS DEDICATED ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
~ EASEMENTS GP~kNTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
~ SUBDIVISION (City Engineer)
b. RESOLUTION 11666 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EL P~ANCHO DEL REY CORPORATION WAIVING THE RIGHT
TO PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT
FOR THE IMPROVEMENT OF TELEGRAPH CANYON ROAD
!
c.RESOLUTION 11667 ACCEPTING CERTAIN REAL PROPERTY IN SAID CITY FOR ONE
FOOT CONTROL LOT N SHOWN ON THE FINAL MAP FOR CHULA
~ VISTA TRACT 80-5 EL RANCHO DEL REY 6C AND ACCEPTING
OFF-SITE DRAINAGE EASEMENT
d. RESOLUTION 11668 NAMING AND DEDICATING ONE FOOT CONTROL LOT D OF MAP
10715 AS EAST "J" STREET
e. RESOLUTION 11669 ACCEPTING GRANTS OF EASEMENTS FROM MR. AND MRS.
BENNETT FOR STREET, DRAINAGE AND SEWER PURPOSES, AND
NAMING AND DEDICATING THE STREET EASEMENT EAST "j"
STREET
The Final Map has been checked and found to be in conformance with the
Tentative Map. Unit C consists of 158 lots; 150 residential, 7 open space and
1 one for the future E1 Rancho Del Rey Unit 6E, 19 unit development. The
owners have' paid all fees and submitted all required documents and bonds. All
conditions of approval applicable to Unit C have been met.
Councilman Moore questioned the City's policy regarding open space districts.
He noted the problems occurring two or three years ago with the size of the
open spaces indicating the problems of having the City maintain the Districts
could be avoided by reverting these back to the property owners to maintain.
Councilman Moore added he hopes the staff reviews these in the future; the
large areas could perhaps be divided into one or two districts.
City Engineer Lippitt explained that the open space dedications are a
condition of the tentative map and there may be some legal problems with
reverting it back to the developer at this time.
Mr. James Hutchinson, Engineer representing the developer, stated the
developer would be happy to have the areas reverted back. The reason for the
dedication was because it was a condition of staff. Mr. Hutchinson added there
is a condition whereby if the City determines the open space lots are no
longer needed for public purposes, the Council could revert them back to the
owner or successors.
City Council Meeting - 12 - June 19, 1984
Councilman Scott cautioned against reverting areas back to the developer since
the developer will devlelop the lots and not maintain them as open space
areas. Councilman Scott added the open space areas are necessary and should
be maintained through an assessment district.
City Attorney Harron explained the condition of the tentative map for the open
space areas; if the developer meets the conditions of the map, he has a right
to develop it in that particular way. If the Council desires to change the
policy on open space districts it should do so at the time of the tentative
map.
Mayor Cox noted the names of Winding Oak Drive and Red Maple Drive two
street names given for one loop street. He questioned why one name was not
given rather than two. Director of Planning Krempl referred to the policy
whereby if the street has a 60 degree angle or more, it would have a separate
street name.
RESOLUTIONS OFFERED BY MAYOR COX, the reading of the texts were waived by
unanimous consent, passed and approved unanimously.
18a. RESOLUTION 11670 APPROVING MAP OF CHULA VISTA TRACT 80-5 UNIT D (EL
RANCHO DEL REY 6D) ACCEPTING ON BEHALF OF THE PUBLIC
THE PUBLIC STREETS DEDICATED ON SAID MAP, AND
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING AGREEMENTS FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION (City Engineer)
b. RESOLUTION 11671 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND EL RANCHO DEL REY UNIT 6D WAIVING THE RIGHT TO
PROTEST THE FORMATION OF A REIMBURSEMENT DISTRICT FOR
THE IMPROVEMENT OF TELEGRAPH CANYON ROAD
c. RESOLUTION 11672 ACCEPTING CERTAIN REAL PROPERTY IN SAID CITY FOR ONE
FOOT CONTROL LOTS M, P, AND Q FOR CHULA VISTA TRACT
80-5 UNIT D
d. RESOLUTION 11673 ACCEPTING A ONE FOOT CONTROL LOT, DPJ~INAGE EASEMENT
AND STREET EASEMENTS FROM MR. AND MRS. BENNETT
The Final Map has been checked and found to be in conformance with the
Tentative Map. Unit D consists of 31 residential lots and one open space
lot. The developers have paid all fees and submitted all required documents
and bonds. All conditions of approval applicable to Unit D have been met.
Approval of the map includes acceptance of Red Oak Place, Wild Oak Road,
portions of East "j" Street, and Paseo Ladera, open space Lot "L", easements
for street trees, sidewalk ramp and pedestrian access and open space easements
in portions of Lots 356 through 360 and 364 through 367.
RESOLUTIONS OFFERED BY COUNCILMAN SCOTT, the readings of the texts were waived
by unanimous consent, passed and approved unanimously.
'"'~ City Council Meeting - 13 - June 19, 1984
19. ORDINANCE 2073 AMENDING SECTION 5.08.010 (D) OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE DISTRIBUTION OF
HANDBILLS ON AUTOMOBILES FIRST READING (City
Attorney)
This amendment will exempt handbills protected by the First Amendment from the
restriction on commercial handbills prohibiting their placement on
automobiles.
Councilman Moore discussed the ordinance stating it was too broad suggesting
· , the ordinance be amended to be more specific or restrictive. City Attorney
Harron quoted the 1978 case which was litigated (Thousand Oaks) based on First
Amendment rights. Though it referred to newspapers dropped on front lawns,
the same could be applied to the right to apply handbills on automobile
windshields. Councilman Scott indicated there was a difference here whereby
people placing ads on vehicles pull the windshield-wipers out and in some
cases, damage them. Councilman Moore noted that sometimes the ad is placed
on the pedestrian side of the vehicle which presents a safety factor to the
driver or an inconvenience whereby s/he has to get out of the car and remove
the ad. Councilwoman McCandliss noted the legal bounds commenting it is
something the Council may not be comfortable with but there is no way to get
around it.
MSUC (Cox/McCandliss) to place the ordinance on first reading, the reading of
the text was waived by unanimous consent, passed and approved unanimously.
CONTINUED MATTERS AND SECOND READING OF ORDINANCES
20. ORDINANCE 2070 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
0.65 ACRES (PARCEL 1 OF PARCEL MAP 55) IN THE
200 BLOCK OF EUCALYPTUS COURT FROM R-l-15 TO R-1 -
SECOND READING AND ADOPTION (Planning Director)
This item involves a request to fezone a 0.65 acre parcel located immediately
south of 279 Eucalyptus Court from R-l-15 (single family residential, 15,000
sq. ft. minimum lot size) to R-1 (7,000 sq. ft. minimum lot size). This
Ordinance was placed on First Reading at the meeting of June 5, 1984.
MSUC (Scott/McCandliss} to place the ordinance on Second Reading and Adoption,
the reading of the text was waived by unanimous consent, passed and approved
unanimously.
21. ORDINANCE 2071 AMENDING ZONING MAP OR MAPS ESTABLISHED BY SECTION
19.18.010 OF THE CHULA VISTA MUNICIPAL CODE REZONING
3.75 ACRES AT THE SOUTHWEST CORNER OF TELEGRAPH
CANYON ROAD AND MELROSE AVENUE FROM R-1 TO R-3-P-14
SECOND READING AND ADOPTION (Planning Director)
· I[
City Council Meeting - 14 - June 19, 1984
This Ordinance was placed on First Reading at the meeting of June 12, 1984
with the amendment that the development plans come back to Council prior to
final approval to be assured there is sufficient noise abatement and
landscaping, exterior design, etc., would be met - also, Council's intent to
have a three-way stop at Mel rose and Telegraph Canyon Road.
City Attorney Harron explained that the zoning on this particular property
would not become effective until after the City Council review of the site
plan and appeal to the Design Review Board.
MSC (Scott/Moore) to put this language into the ordinance - that it is to
become effective after the approval of the site plan. Councilwoman McCandliss voted "no".
22. REPORT OF THE CITY MANAGER (None)
REPORTS OF CITY OFFICERS AND DEPARTMENT HEADS
23. REPORT CONSTRUCTION STATUS AND ROOF TREATMENT ON TOWN CENTRE
MANOR (Community Development Director)
At its meeting of May 15, the County Board of Supervisors, sitting as the
Board of Commissioners of the Housing Authority, accepted County staff's
recommendation authorizing the County's Chief Administrative Officer to
declare the project builder, KCR, in default if KCR has not demonstrated
within 30 days the financial capability to finish the Town Centre Manor
project. The County holds a completion bond on the project, and as a result,
negotiations are occurring among the builder, the surety company, and the
County Housing Authority.
As the project was approved with asphalt shingle roofing, the building frame
was not designed to support the weight of a clay tile roof. Therefore,
retrofitting of such a roof would be impractical. As an alternative, a
fiberglass imitation clay tile roofing material, called Perma Roof, is being
investigated.
Director of Community Development Desrochers presented samples of the Perma
Roof. Councilwoman McCandliss questioned whether the construction of the roof
at this stage is strong enough to support the tiles. Housing Coordinator
Gustafson assured her the roof would hold the tiles. Councilman Moore
questioned the warranty as approved by the International Council of Building
Officers. Mr. Desrochers related Mr. Grady staled the rating would beapproved
by the ICBO and he is confident with the material as presented tonight. The
entire roof would be tiled and not just a portion. Mr. Desrochers added that
after Council acceptance, this will be taken to the Design Review Committee
and County people for approval. It will then come back to the City Council
for final approval of the expenditure.
MSUC (Scott/Cox) to approve the report.
City Council Meeting - 15 - June 19, 1984
24. REPORT DOWNTOWN COMMITTEE'S REQUEST TO HOLD A COUNTRY
FESTIVAL (Director of Parks and Recreation)
The Downtown Committee has submitted a letter requesting permission to conduct
sidewalk sales, sidewalk entertainment, special art displays and children's
games on Saturday, July 14, 1984. The Committee has requested that the
ordinance regulating sidewalk sales be waived for that day and that downtown
area streets be swept early on July 14 or late July 13.
MSUC (Moore/Scott} to accept the report and staff recommendation.
25. REPORT REPORT ON SCOOT BUS PROCUREMENT (City Engineer)
On May 9, 1984, the Transit Coordinator opened two sealed bids for nine
30-foot and two 35-foot buses with wheelchair lifts. Bids were received from
the Gillig Corporation (Hayward, CA) and from Bus Industries of America, Inc.
{Oriskany, NY). The Gillig Corporation produces the Gillig Phantom, and Bus
Industries produces the Orion. Bus Industries of America was low bidder in
the amount of ~1,420,372, compared with the Gillig bid in the amount of
~1,428,755. This bid amount includes delivery cost but does not include 6%
State of California tax. The Transit Coordinator and the Purchasing Agent
have reviewed the Bus Industries' bid and have found that the bid meets all
requirements of the specifications.
The City Engineer recommended Council recommend to SCOOT Board the acceptance
of the bid and award the contract to Bus Industries of America, Inc. for nine
30-foot buses and two 35-foot buses.
City Manager Goss noted the bus models were viewed by the Council prior to the
meeting this evening. He stated final approval for the bus purchase will be
done by SCOOT which will meet tomorrow. Based on the financial data and
staff's investigation, the recommendation to the Council is to award the
contract to Bus Industries of America.
Council discussion followed regarding the bid procedures, the aesthetics of
the buses viewed by the Council this evening, the warrantees, changes in the
specifications at this late date, staff's evaluation on the selection of the
buses and the length of the buses. Mr. Keith Barnes, representing Gillig
Corporation, spoke in support of the Council buying the Gillig buses which are
made and manufactured in California which will benefit from the taxes by the
purchase of these buses. He stated Gillig Corporation has sold 800 buses in
the State of California during the past year whereby Orion sold 20. The price
of the buses are $8,383 above that of Orion buses or $762 more per bus.
Hr. John Warren, representing the Bus Industries of America, responded to
Council's questions pertaining to availability of parts for the buses and read
a letter sent to Mr. Goss noting the companies procedure for accepting the
bids. In answer to Council's queries, Mr. Warren stated 51% of the buses are
manufactured in the United States with the final set up in the United States.
MS (Cox/Scott} to recommend to the SCOOT Board to award the contract to the
Bus Industries of America Inc. for the 30 foot and 35 foot buses.
'~ T ! II'
City Council Meeting - 16 - June 19, 1984
City Manager Goss indicated that if there was a concern with the appearance of
the buses, Council could hold this over for one week and staff could
investigate any options on that. Mayor Cox questioned the color sceme of the
buses. Transit Coordinator Gustarson explained the col or scheme was not
addressed in the specifications; however, staff could meet with the
manufacturer on this and work something out. Councilwoman McCandliss said she
'would like to have a continuance of one week for an opportunity to review the
information on the buses.
MSC (McCandliss/Moore) to continue this item for one week. Councilman Scott
voted "no".
Transit Coordinator Gustafson stated the price for the buses is good for
60 days.
MSUC (Cox/Moore) for staff to come back with what the cost would be to bring
in someone who can come up with another alternative staff to comment on
whether or not that would be an appropriate action {on the color scheme of the
buses).
26. MAYOR'S REPORT
a. MSUC (Cox/Scott) for a Closed Session at the end of the business meeting
for the purposes of litigation.
b. Mayor Cox announced he has scheduled a meeting with the residents
affected by the Lower Sweetwater Fire Control District to discuss
possible annexation. The meeting will be held at the Southwood
Psyciatric Center, at Three North Second Avenue on J~ly 2nd at 7 p.m.
The Mayor questioned whether the Council would be amenable to paying the
annexation fee and the Board of Equalization fee if the residents of that
area agree to the annexation.
MSUC (Cox/Scott) the City Council of Chula Vista indicates its willingness to
pay the annexation fees and the Board of Equalization fees for the Lower
Sweetwater Fire Protection District if that area decides to annex.
City Manager Goss noted that $10,000 has been budgeted for potential
annexations in the next fiscal year budget.
27. COUNCIL COMMENTS
a. Councilwoman McCandliss referred to the ordinance relative to the
distribution of handbills on automobiles was placed on first reading at
this meeting (Item 19). She suggested some notification be given to the
people distributing this literature recognizing the sensitivity of some
people and notifying them of the change in 'the ordinance. A motion was
made by Councilwoman McCandliss for the staff to write a letter to these
people notifying them of the change with a statement referring to the
reason for the ordinance. The motion died for a lack of second.
City Council Meeting - 17 - June 19, 1984
b. Councilwoman McCandliss submitted a map to the Councilmembers of the
property owned by United Enterprises. She noted United Enterprises is
now in court deciding on the estate of Mrs. Patrick, the owner, who has
just recently died. Councilwoman McCandliss declaredthe time is now
appropriate for the City to look into the southeastern section of that
property in order to reserve 400-700 acres to be used as open space or as
a park for the citizens of Chula Vista. United Enterprises property
comprises approximately 13,000 acres. Councilwoman McCandliss added the
estate administrators may be amenable to this idea since it would save
them on State taxes. The area could be used as a mini-park with hiking
trails, open space, green belt, etc.
MSUC {McCandliss/Scott) that the City Council approve in concept the
designation of 400-700 acres as open space preservation to be held for the
citizen's of Chula Vista. The referral is to staff to begin the development
and coordination with Planning staff on the approach to United Enterprises.
c. Councilman Moore referred to the Council's actions regarding the purchase
of buses noting the "Buy America First"policy.
MSUC {Moore/Cox) for the pros and cons on a policy of "Buy America". This
report to be submitted to 'the City Council in six months.
d. Councilman Scott referred to the comments made by Councilman Moore this
evening regarding the maintenance of the "hard spots" in the open space
districts {after developments). He felt this is something that should be
looked at by staff.
MSUC {Moore/Scott) to refer this matter to staff.
e. Mayor Cox stated that at the last budget session, he requested staff to
report back on either the purchase of a City medallion or an appropriate
giftto be presented to dignitaries visiting the City.
City Manager Goss reported the staff has looked into this and the cost of the
reproduction of the City Seal (cast in metal) would be approximately $200. For
medallions with a three-inch seal, the cost would be approximately $1,200 (200
medallions).
MSUC (Scott/Cox) the City purchase some momento~ for dignitaries or
semi-dignitaries and this is to be brought back to the City Council for a
three-fifth's vote.
The Council recessed to Closed Session at lO p.m. and the Session ended at
10:20 p.m.
ADJOURNMENT AT 10:20 to the regularly scheduled meeting of June 26, 1984 at
7p.m.
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