HomeMy WebLinkAboutcc min 1987/06/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, June 23, 1987 Council Chamber
7:00 p.m. Public Services Building
At 6:30 p.m. to 6:45 p.m., the City Council met in Closed Session
to discuss Sierra v. Coastal
Commission, Wheeler v. Chula Vista, Potential Litigation and
Instructions to negotiators pursuant to Government Code Section
54947.6.
ROLL CALL
MEMBERS PRESENT: Mayor Cox; Councilmembers Nader,
McCandliss, Malcolm and Moore
MEMBERS ABSENT: None
STAFF PRESENT: City Manager Goss, City Attorney Harron
PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
The Pledge of Allegiance to the Flag was led by Mayor Cox followed
by a moment of silent prayer.
1. APPROVAL OF MINUTES for the meetings of June 11 and 16, 1987.
MSC (Moore/Nader) Councilman Malcolm abstained on the Minutes
of June 11, 1987.
2. SPECIAL ORDERS OF THE DAY: None
CONSENT CALENDAR (3a 22) Items pulled: 6, 18, 22)
MSUC (Moore/Nader) to approve the Consent Calendar, with the above
noted exceptions.
MSUC (Malcolm/Nader) to continue item 18 to Regular Meeting of July
14, 1987.
3. WRITTEN COMMUNICATIONS
a. REQUEST FOR SUPPORT OF AB 2364 (Bradley) - Mayor Lee Thibadeau,
105 W. Richmar Avenue, San Marcos 92069
The City of San Marcos is requesting Chula Vista's support of
Assembly Bill 2364, which would severely limit a City's right
to limit truck traffic on what San Marcos terms "traditionally
used regional arterials", particularly those arterials used by
Minutes 2 June 23, 1987
trash trucks to a dump. The City Manager reported that, while
the bill was prompted by actions of the City of Carlsbad in
closing a City-controlled arterial to truck traffic used
heavily by trash trucks, legislation that would restrict a
city's ability to do this would not appear to be in the best
interest of cities overall.
MSUC (Moore/Nader) to oppose the legislation as not being in the
best interest of the City.
b. REQUEST TO PHASE CONSTRUCTION OF TELEGRAPH CANYON ROAD - Robert
Santos, EastLake Development Company, 701 "B" Street, San
Diego 92101
MSUC (Moore/Nader) to refer Mr. Santos' letter to staff for
evaluation and report back to the Council at the July 14, 1987
meeting.
c. REQUEST FOR WAIVER OF FEES AT OTAY COMMUNITY CENTER - Gloria
Hicks, Social Services Coordinator, MAAC Project, 140 W. 16th
Street, National City, CA 92050
The MAAC project, a non-profit social service agency, has
requested that the initial study deposit fee, which will range
from $200-$400 be waived so that they can move forward with
their plans to enclose an existing 40 x 70 foot patio on the
south side of the Otay Community Center. In light of the
practice of waiving fees for such non-profit organizations,
such as the Starlight Center, Boys/Girls Club and, the South
Bay Pioneers, the City Manager recommended that this fee be
waived. Also, the MAC Project indicated in a phone call with
City staff that they would be coming forward in the future with
a request for a waiver of plan check and building permit fees.
MSUC (Moore/Nader) that stated fees also be waived, providing the
work is done by in-house staff.
d. REQUEST TO RETAIN AREA AS R-1 ZONE (IN REFERENCE TO PROPOSED
PLAZA BONITA APARTMENT COMPLEX) - R.A. & Betty Gene Hale, 38
Bonita Road, Chula Vista 92010
The City Manager recommended that the letter from Mr. and Mrs.
Hale and Helen Couture, registering their protest to the
proposed rezoning of property on the south side of Bonita Road,
be noted and that they be advised that they should make their
feelings known at the June 24, 1987 Planning Commission meeting
when the rezone application and final E.I.R. will be heard, and
that they be notified of said hearing. Further, that they De
advised that the matter will come before the City Council
probably during the month of July, and they also be advised and
noticed of the City Council Hearing date.
Minutes 3 - June 23, 1987
MSUC (Moore/Nader) to hear this matter and the recommendations of
the Planning Committee at a City Council Meeting during the month
of July 1987.
e. REQUEST THAT CITY TAKE IMMEDIATE ACTION TO REDUCE GROWTH ON
OTAY MESA IN CITY OF SAN DIEGO AND UNINCORPORATED AREA - Bill
Robens, CROSSROADS, P.O. Box 695, Bonita, CA 92002
The City Manager recommended that the letter from Mr. Robens
be acknowledged and that he be advised that the City of Chula
Vista did file suit against the County of San Diego, but that
action was not pursued since the County did place a moratorium
on the Eastern Mesa, which is under the control of the County
of San Diego.
MSUC (Moore/Nader) to direct staff to prepare for City Council's
information a more detailed report on the activities relative to
the Otay Mesa matter.
f. CLAIMS AGAINST THE CITY - Ms. Marion James, c/o 839 W. Harbor
Drive, San Diego, CA 92101; Mr. Michael Johnson, c/o 555 West
Beech Street, San Diego 92010-2989
Claimant No. 1: Ms. Marion James - On May 15, 1987, Ms.
Marion James filed a claim in the amount of $3,500,000.00
alleging the City negligently and carelessly maintained a
roadway and thereby contributed to the death of her husband.
The site of the accident is not within the City limits of
Chula Vista and, based on lack of jurisdiction,. it is Claims
Consultant's, Carl Warren & Company, and Risk Management's
recommendation that this claim be denied.
Claimant No. 2, Mr. Michael Johnson - On May 28, 1987, the
attorney for Mr. Michael Johnson, a minor, filed an
Application for Permission to File Late Claim for the amount
of $15,000.00 and alleged the City of Chula Vista was
responsible for personal injuries sustained by the minor while
he was a passenger in a vehicle involved in a two-car
collision on January 4, 1987.
It is our Claims Consultant's and Risk Management's
recommendation that the City Council accept the
Application for Permission to File Late Claim for a
Minor. Due to the City's lack of jurisdiction and
control over the accident site, it is further recommended
that the claim be denied.
MSUC (Moore/Nader) to deny the claim of Ms. Marion James, to
accept the application for File Late Claim from Mr. Michael
Johnson, and to deny the claim of Mr. Michael Johnson.
Minutes - 4 - June 23, 1987
g. REQUEST TO STOP CONSTRUCTION OF TRAFFIC SIGNAL AT BONITA/ALLEN
SCHOOL ROAD Bill Robens, CROSSROADS, P.O. Box 695, Bonita,
CA 92002
Mr. Bill Robens questioned the decision of the City Council to
install the traffic signal on Bonita Road at Allen School
Road. The City Manager advised that Mr. Robens' suggestion
that the Council halt construction of the signal at this time
must be re]ected. The City Council made the policy decision
last year to include this project in its Capital Improvement
Program.
MSUC (Moore/Nader) to directed that a letter be sent to Mr.
Robens thanking him for his input and notifying him that his
request is being rejected.
4. RESOLUTION 13087 ACCEPTING BIDS & AWARDING CONTRACTS FOR
TRUCKS (Director of Finance)
Bids were received and opened on June 15, 1987, for the purchase
of the following trucks~
ITEM QT___!Y DESCRIPTION DEPARTMENT
1 1 Pick-up truck w/utility body Parks
2 2 Pick-up truck w/utility body
and trailer towing package Public Works
3 1 Six-passenger pick-up truck Parks
The recommendation is to award the contracts to the following low
bidders:
Item 1 - Pick-up truck w/utility body
That Council award bid to Carl Burger's Dodge World - $12,883.94.
Item 2 and 3 Pick-up truck with utility body and trailer towing
package and six-passenger pick-up truck
The four trucks are in the FY 86-87 Equipment Replacement Fund.
The budget provides $46,590 in Account 705-7050-5565 for the
purchase of the four trucks. Purchase cost is ~53,794.54. The
unencumbered balance in the account is $65,297 which is sufficient
for the purchase.
City Council awarded the bid to DeAnza Chevrolet in the amounts of
$26,827.13 and $14,083.47.
Minutes 'S ' June 23, 1987
5. RESOLUTION 13088 EXTENDING CONTRACT FOR THE CITY' S ANNUAL
REQUIREMENTS FOR LIBRARY BOOKS (Director
Of Finance )
Resolution No. 12565 adopted July 8, 1986 approved the cooperative
bid with the City of San Diego for the City's requirements for
library books. The contract was awarded to Baker & Taylor
Company. The recommendation is to renew the contract to cover the
period July 1, 1987 through June 30, 1988.
In FY 1985-86, $85,000 was expended under the contract with Baker
& Taylor and $95,000 was expended in FY 1986-87. It is estimated
that $120,000 will be expended in FY 1987-88. Funds have been
budgeted in the Library Department.
6. RESOLUTION ACCEPTING THE STATE ROUTE 125 CORRIDOR
STUDY AND DIRECTING THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR AN INTERIM
FOUR-LANE STREET WITHIN THE PROPOSED
SR-125 CORRIDOR BETWEEN OTAY LAKES ROAD
AND SR-54; AND REQUESTING THE BOARD OF
SUPERVISORS AND THE COUNTY OF SAN DIEGO TO
ACCEPT THE STATE ROUTE 125 CORRIDOR STUDY,
INITIATE THE PROCESS TO A EMD THE COUNTY
GENERAL PLAN TO INDICATE A STREET FACILITY
IN THE CORRIDOR, AND AGREE TO PARTICIPATE
AS THE LEAD AGENCY WITH THE CITY OF CHULA
VISTA AS THE RESPONSIBLE AGENCY IN THE
PROCESSING OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE CONSTRUCTION OF A FOUR-
LANE STREET IMPROVEMENT WITHIN THE
PROPOSED SR-125 CORRIDOR ( Director of
Public Works/City Engineer)
Pulled from Consent Calendar.
7a. RESOLUTION 13089 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 13043 OF
SAID COUNCIL - BAY BOULEVARD STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT NO. 1987-88 (Director of Public
Works/City Engineer)
b. RESOLUTION 13090 INTENTION TO ORDER 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 AND REPLACED FOR THE FISCAL
] T S 1'
Minutes - 6 - June 23, 1987
YEAR BEGINNING JULY 1, 1987 AND APPOINTING
A TIME AND PLACE FOR HEARING PROTESTS
RELATION THERETO BAY BOULEVARD STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT NO. 1987-88 (Director of Public
Works/City Engineer/Director of Parks &
Recreation)
On May 26, 1987, City Council adopted Resolution No, 13043
ordering the City Engineer to prepare and file a report of
assessments for street lighting and landscape maintenance district
for Bay Boulevard for fiscal year 1987-88. That report has been
prepared and declares its intention to establish the subject
lighting and maintenance district, setting the date of July 14,
1987 for the public hearing.
The net assessment has increased by 2.6% over last year and the
individual assessments have been equally increased among the
parcels.
8a. RESOLUTION 13091 APPROVING THE REPORT OF THE CITY ENGINEER
OF SAID CITY MADE PURSUANT TO THE
REQUIREMENTS OF RESOLUTION NO. 13042 OF
SAID COUNCIL - TOWN CENTRE I STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT NO. 1987-88 (Director of Public
Works/City Engineer)
b. RESOLUTION 13092 INTENTION TO ORDER 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 AND REPLACED FOR THE FISCAL
YEAR BEGINNING JULY 1, 1987 AND APPOINTING
A TIME AND PLACE FOR HEARING PROTESTS IN
RELATION THERETO. - TOWN CENTRE I STREET
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT NO. 1987-88 (Director of Public
Works/City Engineer/Director of Parks &
Recreation)
On May 26, 1987, City Council adopted Resolution No. 13042
ordering the City Engineer to prepare and file a report of
assessments for street lighting and landscape maintenance district
for Town Centre No. 1 for fiscal year 1987-88. That report has
been prepared and the above resolutions approve the report and
declares its intention to establish the subject lighting and
maintenance district, setting the date of July 14, 1987 for the
public hearing.
Minutes 7 ' june 23, 1987
The net assessment has increased by 28.7% over last year and the
individual assessments have been equally decreased among the
parcels.
9. RESOLUTION 13093 APPROVING AGREEMENTS FOR REPAYMENT OF
FUNDS ADVANCED FOR CONSTRUCTION OF
DEFERRED IMPROVEMENTS IN "D" STREET AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS (Director of Public Works/City
Engineer)
During the construction of the street improvements in Las Flores
Drive and "D" Street, six property owners entered into letter
agreements with the City to install their deferred public
improvements in return for an agreement to repay the funds
advanced for construction.
The City Council :
1. Authorized the Mayor to execute the following:
a. Agreement between the City of Chula Vista
and Frank J. and Mary A. ~illiams for
repayment of funds advanced for
construction of deferred improvements in
"D" Street.
b. Agreement between the City of Chula Vista
and Janice R. Vrendenburgh for repayment
of funds advanced for construction of
deferred improvements in"D" Street.
c. Agreement between the City of Chula Vista
and Leticia O. Rico and Earnest Palacio
for repayment of funds advanced for
construction of deferred improvements in
"D" Street.
2. Authorized the City Clerk to record said agreements.
3. Directed the Director of Finance to collect the funds and
reimburse Gas Tax Fund Account 250-3860.
10. RESOLUTION 13094 ACCEPTING BIDS AND AWARDING CONTRACT FOR
PLACEMENT OF ASPHALT CONCRETE OVERLAY ON
THIRD AVENUE FROM MOSS STREET TO OXFORD
STREET AND CONSTRUCTION OF VARIOUS STREET
IMPROVEMENTS ON BROADWAY TO NAPLES STREET
TO OXFORD STREET (Director of Public
Works/City Engineer)
Minutes - 8 - June 23, 1987
On June 16, 1987, the Director of Public Works/City Engineer
received sealed bids for the work which includes the removal of
alligatored pavement areas and replacement with asphalt concrete,
asphalt concrete leveling course, placement of pavement
reinforcing fabric, placement of 1-1/2" thick asphalt concrete
overlay, processed miscellaneous base, adjustment of manholes,
sidewalk, driveways, ramps, cross gutter, colored stamped
concrete, replacement of traffic signal loops, traffic control and
other miscellaneous work.
City Council recommended to accept the bids and award the contract
to R. E. Hazard Contracting Company~ low bidder, in the amount of
$236,767.70.
11. RESOLUTION 13095 RENEWAL OF LANDSCAPE MAINTENANCE CONTRACTS
FOR OPEN SPACE MAINTENANCE DISTRICT
NUMBERS 1, 2, 4, 5, 7, 9 (Director of
Parks & Recreation)
On May 6, 1986, Council accepted the Department's report regarding
renewal options for Open Space Contractors. The Department will
exercise its option to renew the landscape maintenance contracts
in Open Space Maintenance Districts #1,2,4,5,7 and 9.
The renewal option contracts for fiscal year 1987-88 is
recommended for Districts 1,2,4,5,7 and 9.
12. RESOLUTION 13096 ACCEPTING BIDS & AWARDING CONTRACT FOR
LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN
SPACE MAINTENANCE DISTRICT NUMBERS 3, 6,
8, 10, 11, 14 AND 15 (Director of Public
Works/City E~gineer)
Request for bids to provide landscape maintenance services for the
Open Space Districts No. 3, 6, 8, 10, 11, 15 were let Out on June
2, 1987 and received on June 16, 1987.
The successful bidders were:
District Contractor Amount
3 Sensational Creation $19 416
6 Sensational Creation 9 480
8 Sensational Creation 18 954
10 Sensational Creation 23 491
11 Sensational Creation 32 134
14 Sensational Creation 9 206
15 Sensational Creation 5 156
Minutes - 9 - June 23, 1987
City Council recommended the reserve requirement of 50% be reduced
to 20% in District ~3 and #8 to offset the impact of the increased
maintenance contracts for FY 87-88.
50% Reserve 20% Reserve
Assessment Assessment Recommend
District 86-87 87/88 Assessment
#3 $ 145 $ 245 $ 210
~8 209 282 234
13. RESOLUTION 13097 AUTHORIZING THE MAYOR TO EXECUTE A HOLD
HARMLESS STATEMENT FOR USE OF THE SWIMMING
POOLS AT SOUTHWESTERN COLLEGE FOR CITY
AQUATICS PROGRAMS (Director of Parks &
Recreation)
The Parks and Recreation Department, Aquatic Section, has applied
for use of the Southwestern College Swimming Pools in order to
conduct its annual summer aquatics programs. The college requires
that a Hold Harmless S~atement be submitted by non-college groups
utilizing campus facilities in order to reduce their potential
liability.
14. RESOLUTION 13098 FINDING COMPENSATION OF UNREPRESENTED CITY
EMPLOYEES UNFIXED AND UNCERTAIN (Assistant
City Manager)
Constitutional constraints surrounding the City's ability to alter
compensation of its employees after service has been rendered
requires the City Council to adopt the resolution making the
finding that compensation for unrepresented City officers and
employees is directly or indirectly tied to compensation of
represented employees and, as such, salaries of those represented
employees may not be fixed and definite on, or perhaps even
sometime after July 1, 1987.
15a RESOLUTION 13099 APPROVING AGREEMENT WITH METROPOLITAN YMCA
OF SAN DIEGO COUNTY (FAMILY STRESS CENTER)
(Community Development Director)
b RESOLUTION 13100 APPROVING AGREEMENT WITH SOUTH BAY MEALS
ON WHEELS
c RESOLUTION 13101 APPROVING AGREEMENT WITH JOBS FOR YOUTH
d RESOLUTION 13102 APPROVING AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES
e RESOLUTION 13103 APPROVING AGREEMENT WITH SOUTH COUNTY
COUNCIL ON AGING FOR SHARED HOUSING PROGRAM
Minutes - 10 June 23, 1987
f RESOLUTION 13104 APPROVING AGREEMENT WITH CHULA VISTA
_ EMERGENCY FOOD PROJECT
g RESOLUTION 13105 APPROVING AGREEMENT WITH ADULT PROTECTIVE
SERVICES FOR SOUTH BAY ADULT DAY HEALTH
CARE CENTER
h RESOLUTION 13106 APPROVING AGREEMENT WITH WOODLAWN PARK
COMMUNITY CENTER
i RESOLUTION 13107 APPROVING AGREEMENT WITH SWEETWATER UNION
HIGH SCHOOL DISTRICT FOR DEL REY NUTRITION
PROGRAM
On May 19, 1987, the City Council approved the Community
Development Block Grant (CDBG) budget for fiscal year 1986-87.
Included in that approved 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, $90,700, will be funded from the
1987-88 and carrying prior year Community Development Block Grant
funds. No general funds will be involved.
16. RESOLUTION 13108 APPROVING COMPUTER FACILITIES MANAGEMENT
CONTRACT WITH EDP MANAGEMENT, INC. AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (Deputy City Manager)
The City has contracted with EDP Management, Inc~ since 1975 for
the supervision and operation of the City's computer center. This
arrangement has involved EDP Management ' s stationing of a
full-time, on-site Data Processing Manager who directs nine City
employees in the Data Processing and Word Processing Divisions.
The current one-year contract with EDP Management expires June 30,
1987 and a new one-year agreement has been negotiated with EDP
Management to become effective July 1, 1987.
The FY 1987-88 cost of the contract for basic services would be
$61,923, funding for which is included in the City Manager's
Proposed Budget. Approval of this contract would have an impact
(maximum of $8,000) on the FY 1988-89 budget if the Data
Processing revenue earned during FY 1987-88 exceeds $100,000 and
thus results in an incentive payment to be made in July of 1988.
17. RESOLUTION 13109 APPROVING COOPERATIVE AGREEMENT WITH
CALTRANS FOR BONITA ROAD/I-805 (Director
of Public Works/City Engineer)
Minutes - 11 June 23, 1987
CalTrans has prepared the plans and specifications for the project
- to install double left-turn lanes for eastbound Bonita Road to
', southbound 1-805. Because Of the long process in getting approval
through Sacramento and then awarding contracts, it was determined
that the City of Chula Vista should award the contract and
administer the contract with CalTrans paying their half of the
cost. National City has agreed to pay half of the City cost up to
a maximum amount of approximately $30,000.
18. REPORT PROPOSAL TO REQUIRE MINUTES TO BE TAKEN OF CLOSED
SESSION MEETINGS (City Attorney)
Pulled from the Consent Agenda.
19. REPORT REGARDING A WRITTEN COMMUNICATION REQUEST TO DISCUSS
TRAFFIC SITUATION ON OTAY LAKES ROAD AND CORRAL
CANYON ROAD AREAS (Director of Public Works/City
Engineer)
At its meeting of April 28, 1987, the City Council referred a
written communication from Mr. Manuel Llera, Principal, Bonita
Vista High School expressing his concerns regarding traffic on
Otay Lakes Road and East "H" Street in proximity to Bonita Vista
High School. Also noted was parking and traffic problems
associated with the high school parking lot and access driveways.
The City Traffic Engineer and the traffic sergeant in the Police
Department have twice met with Mr. Llera and his staff and
discussed traffic issues in the area. The majority of his
concerns involve traffic ingress and egress to the school site as
well as internal circulation. Several access improvements were
identified which were mutually agreed to be acceptable.
The recommendation is that Council accept Staff's report outlining
driveway access improvements to be done at Bonita Vista High
School, and the removal of on street parking and installation of
two-way left turn lanes on Otay Lakes Road.
The Safety Commission at its meeting of June 11, 1987, voted 4-0
to approve staff's report recommending the driveway improvements,
parking removal and installation of two-way left turn lane. The
cost of pavement marking removal and restriping will be
approximately $1,000 and can be absorbed in the department's
operating budget.
20. REPORT REGARDING A REQUEST FROM DR. SANCHEZ FOR STREET
LIGHTS AND SIDEWALKS NEAR THE VICINITY OF THIRD
AVENUE AND MAIN STREET (Director of Public
Works/City Engineer)
Minutes - 12 - June 23, 1987
During the March 24, 1987 Council meeting, Dr. Sanchez addressed
Council regarding the status of street improvements near the
vicinity of Third Avenue and Main Street. Council referred the
request to staff for a report on the status of street lights,
sidewalk, curb and gutter in the area.
City Council recommended:
1. A submittal for inclusion in the 1988-89 Capital
Improvement Program (CIP) be prepared to install
sidewalk, curb and gutter along the south side of
Montgomery Street from Hermosa Avenue to Fresno Avenue.
2. A submittal be prepared for inclusion in the 1988-89 CIP
to install additional street lighting along Main Street
from Hermosa Avenue to Date Street.
Street lighting along Main Street will cost approximately $71,600
and may be funded using FY 1988-89 Gas Tax or CDBG funds.
Sidewalk, curb and gutter installation along the south side of
Montgomery Street will cost approximately $38,100 and may be
funded using FY 1988-89 CDBG funds.
21. REPORT ON FEE WAIVER REQUEST BY SOUTH BAY
PIONEERS (Director of Public Works/City
Engineer)
The South Bay Pioneers submitted a request that certain enumerated
fees be waived in conjunction with the issuance of a building
permit for their alcoholic rehabilitation project residence.
City Council recommended that the requested waiver of fees in the
amount of $13,360.23 be granted (subject to the recommendation of
the Planning Commission for the Residential Construction Tax of
$4,500) and the Strong Motion Investigation fee of $31.36 be paid
by the applicant.
Granting of the waiver as requested except for the Strong Motion
Investigation Fee of $31.36 would result in a loss of revenue to
the City of $13,360.23. The impacts on various funds are broken
down as follows:
Traffic Signal Fund $1,961o40
Trunk Sewer Capital Reserve Fund 4,050.00
Residential Construction Tax Fund 4,500.00
General Fund 2,880.19
22. REPORT STATUS OF REAPPLICATION FOR A
MAJOR USE PERMIT TO CONTINUE A
SCRAP YARD AT 128 MACE STREET -
MARY REED (Director of Planning)
Minutes - 13 June 23, 1987
Pulled from Consent Agenda.
END OF CONSENT CALENDAR
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
23. PUBLIC HEARING MORATORIUM ON GENERAL PLAN AMENDMENTS
WITHIN THE AREA EAST OF 1-805 EXCEPTING
THE OTAY RIO BUSINESS PARK (Continued from
meeting of June 16, 1987) (Director of
Planning)
ORDINANCE 2214 EXTENDING A MORATORIUM ON GENERAL PLAN
AMENDMENTS WITHIN THE AREA EAST OF 1-805,
EXEMPTING OTAY RIO BUSINESS PARK, FOR A
PERIOD OF 6 MONTHS OR UNTIL THE GENERAL
PLAN IS AMENDED, WHICHEVER TAKES PLACE
FIRST - FIRST READING & ADOPTION
This being the time and place as advertised, Mayor Cox declared
the Public Hearing opened.
The Director of Planning reported that on June 2, 1987, the City
Council continued this item so as to allow for its consideration
by a full five-member Council (a 4/5ths vote is required for
extending a moratorium). Also, a recent U. S. Supreme Court
decision was handed down involving property owner compensation and
the "taking" issue of land for a public purpose. It is not known
what, if any, affect this might have on such issues. as moratorium
or other land use regulatory items.
Planning Director Krempl expressed staff's recommendation that the
rationale in support of enacting the initial moratorium still
exists; it should be extended for six months, at which time the
moratorium should be reviewed again. Staff anticipates that the
General Plan process will be completed before the end of the year.
Peter Watry, 81 Second Avenue, a representative of CroSsroads
appeared to speak in favor of the proposed urgency ordinance and
stated the need to update the General Plan to address growth
control.
Robert Santos, 701 B Street, San Diego, representing EastLake
Development Company, spoke in opposition and expressed the need of
a consistent policy statement with specific guidelines but that
the proposed ordinance would affect the need to process the
Environmental Impact Report and the public facilities financing
plan. EastLake Development Company had no problem with the
building permit moratorium; it was understandable and proof that
Minutes - 14 - june 23, 1987
the system was working. The second moratorium presented some
problems as it was contrary to previous commitments given to
EastLake regarding the EastLake Greens property. Since 1982,
EastLake was able to get a General Plan Policy Plan regarding
EastLake Greens which is totally consistent to that existing
General Plan for EastLake II. Mr. Santos noted their processing
· of studies and plans regarding the EIR, Public Facilities
Financing Plan and school site. In conclusion Mr. Santos simply
requested the benefit to proceed with processing of their Plan for
the City of Chula Vista, consistent with all previous
understanding.
R. John Ochsner, Vice President of Great American Development, 600
B Street, San Diego, opposed the proposed ordinance, stating his
agreement that zoning be consistent with the General Plan
Amendments bu~ explaining that the proposed ordinance precludes
preliminary planning. Mr. Ochsner urged City Council not to
continue the moratorium. In answer to questions, Mr. Ochsner
explained how delay of time is their biggest enemy; and that the
concept plans show this will be a residential community.
There being no furthe~ testimonies either for or against, the
public hearing was closed.
Councilman Malcolm expressed his feelings of confidence in the
proposed development but, in good faith, stated that developers'
money should not be expended for plans and consultants to continue
with pre-planning areas when the City Council has not decided on
direction. Councilman Moore felt that the major changes in the
intersection of roadway plans should be discussed.
Commitments made were discussed by the Councilmembers, how
moratorium amendments could go along with those commitments City
Council has made in the past, and the fact that the first
commitment is to the City of Chula Vista. Councilwoman McCandliss
reminded that the General Plan has not been updated in twenty
years and should be in place before decisions are made.
MS (McCandliss/Nader) that Ordinance 2214 be placed on First
Reading and adopted, the reading of the heading and the text was
waived by unanimous consent.
AMENDMENT TO THE MOTION:
MSC (Malcolm/Cox) to amend the Ordinance to allow Rancho Del Sur
II to process only, prohibiting them to bring the Tentative Map to
the Planning Commission for six months; and allow EastLake Greens
to continue within the confines of the outline made by City
Council two years ago. (Councilmembers Nader and Councilwoman
McCandliss voted no. )
Councilmembers further discussed this issue, questioning Mr.
Robert Santos on the effect on his project of this extended
moratorium and the needs of the City of Chula Vista.
Minutes - 15 June 23, 1987
SUBSTITUTE AMENDMENT TO THE MOTION:
MSUC (Cox/Nader) to place a moratorium on General Plan Amendments
for the area east of 1-805 and allowing the Planning Process of
Rancho del Sur II, prohibiting the Tentative Map for six months,
and allowing the continuation on EastLake Greens per and within
the confines of the agreement made 2 years ago.
The Ordinance, as amended, carried unanimously.
24. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE
BUDGET FOR FISCAL YEAR 1988-87 WHICH
INCLUDES ESTABLISHING AN APPROPRIATIONS
LIMIT FOR FISCAL YEAR ENDED 6/30/87 AND
THE PROPOSED USE OF GENERAL REVENUE
SHARING FUNDS
a. RESOLUTION 13113 ADOPTING APPROPRIATIONS LIMIT FOR FISCAL
YEAR ENDING JUNE 30, 1988 (Director of
Finance)
Government Code Section 7910 requires each local government to
establish its Gann (Article XIIIB of the California Constitution)
appropriations limit by resolution each year at a regularly
scheduled meeting or noticed special meeting.
City Council adopted a resolution establishing an appropriations
limit of $36,932,632 for the 1987/88 fiscal year. The "Proceeds
of Taxes" subject to the appropriations limit are estimated to be
$26,211,461 for FY 1987-88. Chula Vista has a comfortable
appropriation "gap" of $10,721,171.
b. RESOLUTION 13114 APPROVING THE ADOPTION OF THE FINAL BUDGET
OF THE CITY OF CHULA VISTA FOR THE FISCAL
YEAR BEGINNING JULY 1, 1987 AND ENDING
JUNE 30, 1988 AND THE PROPOSED USE OF
$103,760 OF THE GENERAL REVENUE SHARING
ENTITLEMENTS (City Manager)
The City Council has reviewed the proposed 1987-88 operating and
capital budgets through a series of budget review workshops. 'In
accordance with the City Charter, a public hearing is now required
to consider the general City budget and proposals relating to the
expenditure of revenue sharing monies.
This being the time and place as advertised, the public hearing
was declared open.
Minutes - 16 June 23, 1987
Lynn Pankhurst, P. O. Box 1957, Chula Vista, questioned whether
funding for the traffic lights is included in the budget at this
time, and stressed the need of a light at Albany and Orange and
Palomar and Second.
There being no further testimonies either for or against, the
public hearing was closed.
Councilmember Nader questioned and the Public Safety Director
confirmed that the reported accident record at Palomar and Second
was approximately five per year.
MS (Malcolm/Nader) to include money in the budget for a traffic
light at Palomar and Second Avenue. Motion failed.
Councilmembers Cox, McCandliss, and Moore voted no.
Resolutions 24a and 24b offered by Councilwoman McCandliss, the
reading of the heading and and of the text was waived by unanimous
consent, passed and approved by unanimous consent.
MSUC (McCandliss/Cox) to refer to staff the matter of a traffic
light at Palomar and Second for a report.
25. CONSIDERATION OF FINAL EIR-87-3 RANCHO DEL SUR (Director of
Planning)
RESOLUTION 13110 CERTIFICATION OF FINAL EIR-87-3 RANCHO
DEL SUR
This final EIR is on the 108.3 acre Rancho del Sur project located
south of Telegraph Canyon Road and to the east of Greg Rogers
Elementary School and Park. The Rancho del Sur project site is
located approximately 3 miles east of downtown Chula Vista and 5.5
miles north of the United States/Mexico International Border. The
Rancho del Sur development involves the construction of 285
single-family dwelling units in four residential subsections and
200 multi-family units in a fifth subsection.
a. PUBLIC HEARING PCZ-87-2: APPEAL FROM PLANNING COMMISSION
DENIAL OF REQUEST TO REZONE 108.3 ACRES
FROM R-l-P-4 TO R-l-P-6 AND R-3-P-12 IN
RANCHO DEL SUR - GREAT AMERICAN
DEVELOPMENT COMPANY
ORDINANCE 2215 REZONING PORTION OF RANCHO DEL SUR FROM
R-1-H AND R-l-P-4 TO R-l-P-5 AND R-3-P-12
FIRST READING
1. This item is an appeal from a decision of the Planning
Commission to deny a request to rezone 108.3 acres located on the
south side of Telegraph Canyon Road and bisected by Medical Center
Drive and the extension of East Naples Street.
Minutes - 17 - June 23, 1987
The property was annexed in January 1987 with a prezoning
designation of R-l-P-4 which included all of the property with the
exception of a 10-acre parcel already located in the City and zoned
R-1-H and abutting the prezoned property immediately to the south.
An additional 10 acres of land prezoned R-l-10 which was part of
the original annexation is not included in this rezoning request.
2. The Environmental Impact Report for this project, EIR-87-3, is
the preceding agenda item.
A detailed staff report was submitted with the recommendation that
Council grant the appeal and, based on the findings contained in
Staff's report, enact an ordinance to change the zoning from
R-l-P-4 and R-1-H. On May 27, 987, the Planning Commission denied
the application.
b. PUBLIC HEARING PCS-87-8: CONSIDERATION OF A TENTATIVE
SUBDIVISION FOR RANCHO DEL SUR, CHULA VISTA
TRACT 87-8, LOCATED 1/2 MILE EAST OF 1-805
FREEWAY ON THE SOUTH SIDE OF TELEGRAPH
CANYON ROAD AND EASTERLY TERMINUS OF EAST
NAPLES STREET - GREAT AMERICAN DEVELOPMENT
COMPANY
RESOLUTION 13111 APPROVING TENTATIVE SUBDIVISION MAP FOR
RANCHO DEL SUR, CVT 87-8
The applicant has submitted a tentative map known as Rancho del
Sur, Chula Vista Tract 87-8 which provides for the division of 108+
acres of property into 3 types of development, consisting of Unit I
which is proposed for attached multiple family housing as well as a
future development site; Unit II which is identifying 70 detached
single-family lots at a minimum size of 3,750 square feet; Unit III
which features 54 single-family lots--a typical size of 4,500 -
5,000 square feet; and Units IV and V which feature 162
single-family detached lots varying from 6,000 to 7,000 square
feet. The project site is located south of Telegraph Canyon Road
and east of Foxboro Avenue.
The rezoning of the property to accommodate the proposed
subdivision was the subject of a previous item on this agenda.
Therefore, if the rezoning is recommended for approval the
subdivision will be in compliance with the zoning recommended.
The Environmental Impact Report for this project, reference
EIR-87-3, was the subject of a public hearing as a previous agenda
item. Mitigation required in the EIR will be included as part of
project design and/or conditions listed in this report.
Minutes - 18 - June 23, 1987
The recommendation is that Council, based on Staff's findings,
adopt the resolution approving the Tentative Subdivision Map for
Rancho del Sur, Chula Vista Tract 87-8, subject to the 29+
conditions listed in the staff's report. On May 27, 1987, the
Planning Commission denied the application.
co PUBLIC HEARING P-87-9: CONSIDERATION OF ADOPTING PLANS
AND STANDARDS FOR THE DEVELOPMENT AND/OR
MAINTENANCE OF LOTS AND COMMON AREA WITHIN
THE RANCHO DEL SUR
· RESOLUTION 13112 APPROVING PLANS AND DEVELOPMENT STANDARDS
FOR RANCHO DEL SUR
This item involves consideration of the Precise Plan for the Rancho
del Sur subdivision which is the preceding agenda item. The
Environmental Impact Report is also included as an earlier item.
The recommendation is that Council, based on the findings
contained in Staff's report, adopt a resolution approving the
Precise Plan Design Guidelines for Rancho del Sur, subject to the
following conditions:
1. Unit 1 shall be subject to Design Review processing by the
Chula Vista Design Review Committee.
2. Units 2 and 3 shall be subject to Design Review by the
City Zoning Administrator.
3. Units 4 and 5 shall be subject to Chula Vista Planning
staff site plan review in accordance with the Rancho del Sur
standards.
4. The development standards shall be revised to delete the
provision allowing for a reduction in sideyard setbacks where
three-car garages are provided. Should the Council later
decide to make a setback allowance for three-car garage plans,
it shall be applied automatically to Units 4 and 5, RanCho del
Sur.
On May 27, 1987, the Planning Commission denied the
application.
Environmental Review Coordinator DOUg Reid discussed the
modifications made to the project site since the preparation of
the Environmental Impact Report.
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Minutes 19 - June 23, 1987
Betty Dehony, WESTEC Services, 5510 Moorehouse Drive, San
Diego, addressed twelve major issues relative to the
Environmental Impact Report. In summary, the Final
Environmental Impact Report has no significant unmitigated
impacts. In answer to Councilmembers' questions, Ms. Dehony
pointed out that Bonita Vista and Hilltop Schools would be
included in this project site; and that Castle Park is at full
capacity; Telegraph Canyon Road would not be restriped at this
time; a letter from Caltrans requires a retaining wall on the
south side of the project and such development would be
contingent upon approval; and, relative to traffic concerns,
the current level of service for the area is "C and B"~ and
that, with the inclusion of mitigating measures after
development, the level would be "C" (acceptable). Further
discussion ensued relative to the claims of Otay Water
District's assurances that water would be available. The
~ater District is investigating alternative to increase their
water supply for the future, which source is not identified at
present.
Councilmembers discussed traffic circulation problems, and
questions followed on lot sizes, setbacks and density. The
recreational requirements brought out discussion of the planned
park by Great American for the project costing $600,000 plus an
additional $300,000 for the land.
The feasibility of opening up the cul-de-sac was discussed
adjacent to the private road of the Fox Hill Development and the
responsibility of maintenance should this ever be opened, or used
as an easement.
At 10:05 p.m., City Council recessed and reconvened at 10:20 p.m.
John Ochsner, 600 B Street, San Diego, representing Great American
distributed a copy of their Precise Plan Guidelines, which served
to answer many of the questions posed; and verbalized his
enthusiasm for the project. Mr. Ochsner presented a lengthy
description of the project relative to lot sizes, density, and
landscape irrigation. The cul-de-sac with driveway approach to
the neighboring project was fully described and it was stated that
this could either be removed, provided with a crash gate, or any
other solution would be acceptable.
Howard Englander, Marketing Director for Great American from E1
Toro, CA, explained the reasons and marketability for the lot
sizes and the chosen development plan for the homes, showing
slides of similar and dissimilar developed lots for comparison.
Minutes - 20 June 23, 1987
Councilwoman McCandliss' question confirmed that apartments for the
smaller lots in areas 2 and 3 are planned with CC&R's, which
brought forth questions as to enforcement of its provisions; and
that the easement (bought from San Diego Gas & Electric) is
included in the project but is not developable. Councilmember
Nader questioned the density in the R1P4 area and, also, discussed
the proposed lighted tennis courts as an adjunct to the Greg Rogers
Park; and the need for an emergency access road, possibly with a
crash gate at the private road which intersects Foxhills.
Robert Hansen, 751 Medical Center Court, Chula Vista representing
Community Hospital of Chula Vista, stated the Hospital's enthusiasm
for the project believing it to be one about which the City will be
most proud. Mr. Hansen confirmed that the Hospital administrators
have been kept apprised of the development by Mr. Oschner, and look
forward to the second access from Orange Avenue, the widening of
Telegraph Canyon Road and Medical Center Drive.
John Werner, 3900 H Street, Chula Vista, representing Pacific
Scene, expressed his firm's approval of the project.
Paul Wright, Vice President of the ~ista Hill Foundation, submitted
a letter to the City Council stated the Foundation's support of the
project and stated that "with minor re-engineering, and the loss of
a few lots, Great American can have their development without
adverse impact to Vista Hill Hospital."
Appearing to speak against the proposed project were Peter Watry,
81 Second Avenue, Chula Vista, representing "Crossroads", because
of the overall density and his belief the lots should be kept to
four per acre; Troy A. Briceno, 641 Nantucket Drive, Chula Vista,
representing the Foxhill Homeowners Association; and Paul Hollohan,
6008 Nantucket Drive, speaking for William W. Cunning who objected
to the placement of two-story homes at the top of the grading
adjacent to Foxhill homes, as an invasion of the homeowners
privacy.
John R. Beshears, 590 Davenport, Chula Vista, was concerned with
the density and resulting traffic; Mike Mitchell, 600 Nantucket,
and Dale Gould of 602 Nantucket, were concerned with the claims of
available water from the Otay District, the one street for exit and
entrance, the view of the lot owners into Foxhill homes, and 'the
workability of apartments with condominium specifications.
Ray Ramos, 553 Hampshire Lane, Vice President Of the Foxhill
Homeowners Association, stated that he is neither opposed nor in
favor of the project; that Mr. Troy Briceno, who appeared before
Council is not a member of the Foxhill Association; and, that it is
his belief to open the road between the two projects would be in
the interest of neither.
Minutes - 21 June 23, 1987
Modifications of the project relative to the claims of those
homeowners in Foxhill were discussed, specifically relating to the
development of approximately 17 or 18 two story homes on the edge
of an upgrade; as well as a concern regarding enforcement of the
Homeowners' Association CC&R's which could be solved by stating the
neighboring project as the third party beneficiary of the CC&Rs.
There being no further testimonies either for or against, the
public hearing was closed.
Resolution No. 25 offered by Councilwoman McCandliss, the reading
of the text was waived by unanimous consent.
Discussion centered on problems of density and solutions and the
consensus was to approve the Ordinance and Resolutions with
amendments to also satisfy the homeowners of the Foxhill
residents.
Resolutions 25b, 25c and Ordinance 25a offered by Councilman
Malcolm the reading of the texts were waived by unanimous consent..
MSC (Malcolm/Moore) to require those lots in No. 3 that adjoin
Foxhill to be single story in height and that the crash gate or
non-thoroughfare be installed. Councilwoman McCandliss voted no.
MSUC (CoX/McCandliss) to accept the magnanimous offer of the owner
of the Project to offer a statement that there would be no desire
to seek density bonuses for the apartment complex.
MSUC (Cox/Nader), in reference to 2 and 3, to offer as a
condition of approval within the CC&R's or wherever appropriate,
that any preclusions of room additions or other expansions beyond
the existing footprint be a very prominent document to be signed by
future buyers, so that they would know what options they would have
in the future; and that both the City and Foxhill become a part of
those so that they could appeal, as outlined in a statement between
the City and the Developer.
MS (McCandliss/Nader) that the resolution be amended to change the
designation for 2 and 3 from R-l-P(5) to R-i-P(4).
After explanation by the Principal Planner Lee and added discussion
by Councilmembers, Councilwoman McCandliss offered a substitute
motion.
SUBSTITUTE MOTION
MS (McCandliss/Nader) to reduce 23 units in section 2 and 3 and
have the areas replanned. Motion failed by the following vote, to
wit:
Minutes - 22 June 23, 1987
Ayes: McCandliss, Nader
Noes: Malcolm, Moore, Cox
Absent: None
AMENDMENT TO THE MOTION
MSUC (Moore/Malcolm) to modify infrastructure conditions as
follows:
On page 6, volume 25b:
No. 4 - After the first sentence ending with" .... satisfaction
of the City Engineer". Add "Said improvements to be completed
prior to occupancy."
No.5:
Substitute Phase 1 with "Unit 1"; and "shall be required to
secure improvements of";
Add 2 new conditions to the Tentative Map:
No. 30 - Substitute Phase 1 with "Unit 1"; and after "required
to", insert "secure the installation of"
No. 31: - Additional sentence: Completion of the improvements
w~'~e accomplished prior to occupancy of 243 units.
MS (Nader/McCandliss) to move that the total number of units be
reduced to 465 to be allocated throughout the project depending on
what is more advantageous to the applicant, as allowed under the
County Zoning. Motion failed by the following vote to wit:
Ayes: Nader, McCandliss
Noes: Cox, Malcolm, Moore
Absent: None
The Ordinance and Resolutions, as amended, carried by the following
vote, to wit:
Ayes: Malcolm, Moore, Cox
Noes: Nader, McCandliss
Absent: None
MSC (Moore/Cox) to approve Ordinance 2216, as amended.
Councilwoman McCandliss and Councilman Nader voted "no".
26. PUBLIC HEARING PCZ-87-N: CONSIDERATION TO REZONE 0.33
ACRES LOCATED ON THE EAST SIDE OF NORTH
SECOND AVENUE AT THE EASTERLY TERMINUS OF
"C" STREET FROM A to R-1 WAYNE CLARK
(Director of Planning)
ORDINANCE 2216 REZONING 0.33 ACRES LOCATED ON THE EAST
SIDE OF NORTH SECOND AVENUE AT THE EASTERLY
TERMINUS OF "C" STREET FROM A TO R-l-10 -
FIRST READING
Minutes - 23 - June 23, 1987
This item involves a request to fezone 0.33 acres from A
(Agriculture) to R-1 (Single-family residential/7,000 sq.ft.
minimum lot size). The property is located on the east side of
North Second Avenue at the easterly terminus of "C" Street. The
proposed rezoning is exempt from environmental review as a Class
3(a) exemption. Environmental review would be required with
development plans.
This being the time and place as advertised, the public hearing was
declared open.
Director of Planning Krempl reported the staff's recommendation
that the request be denied as filed, but approve a rezoning of the
0.33 acres from A to R-l-10 (Single-family residential/10,000
sq.ft. minimum lot size) -- the second reading of the ordinance to
be delayed until a parcel map has been approved for the property.
On May 27, 1987, the Planning Commission recommended that Council
approve the rezoning from A to R-1 in accordance with their
Resolution PCZ-87-N. Principal Planner Lee gave a description of
the property, on which the applicant desires to create two lots on
the site and has, on file, a request to vacate 14' width on Second
Avenue to be heard in approximately 3 weeks by City Council. Mr.
Lee displayed pictures of the area and neighboring property to
explain staff's request for a continuance of this item in an effort
to obtain more detailed information.
Wayne Clark, P. O. Box 1092, Bonita, representing himself and
Robert Scott, as holders of the title on this property, presented
Councilmembers with exhibits and outlined the history of the parcel
in question and that of neighboring parcels, plus the outcome of
staff meetings with the owners of the property. The application
was for a minimum frontage of two lots in order to avoid having to
pay for expensive street improvements on Second Avenue. Soon after
the application was made, it was discovered a sliver-like property
on the northwestern boundary which was between the property and
Second Avenue, which fact changed the owners decision to one of
building on a hillside portion of the property. The own.ers ask
that if the three lots are buildable, to approve the rezone for the
creation of two lots in the southern 120' of the property as a
minimum. If a third lot might be buildable, they ask that the
eastern boundary of the rezone be extended to the northern property
line to create another lot which might be created when parcel three
is mapped.
Peter Watry, of 81 Second Avenue, appeared to support R-1 zone.
There being no further testimonies either for or against, the
public hearing was closed.
Minutes 24 - June 23, 1987
MSUC (Malcolm/McCandliss) to support the Application and to place
the Ordinance on First Reading, the reading of the text was waived
by unanimous consent.
AMENDMENT TO THE MOTION:
MSUC (Malcolm/McCandliss) to support the Planning Commission
stipulation that the item go through the Design Review Commission.
The motion, as amended, carried unanimously.
27. PUBLIC HEARING PCZ-87-M: CONSIDERATION TO REZONE 1.36
ACRES LOCATED AT THE NORTHEAST CORNER OF
EAST "H" STREET AND CORRAL CANYON ROAD
FROM R-1-H TO P-C - LA PETITE ACADEMY
ORDINANCE AMENDING ZONING MAP OR MAPS ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA
MUNICIPAL CODE REZONING 1.36 ACRES FROM
R-1-H TO P-C - LA PETITE ACADEMY, INC.
.FIRST READING
MSUC (Cox/Malcolm) to continue to the Regular Meeting of July 14,
1987 at the request of the applicant.
28. PUBLIC HEARING CONSIDERING COASTAL DEVELOPMENT PERMIT
#020 FOR DEVELOPMENT OF THE NATURE
INTERPRETIVE CENTER TEMPORARY PARKING LOT
WITHIN SDG&E RIGHT-OF-WAY
RESOLUTION 13115 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT PERMIT FOR DEVELOPMENT OF THE
NATURE INTERPRETIVE CENTER TEMPORARY
PARKING LOT WITHIN SDG&E RIGHT-OF-WAY
This being the time and place as advertised, the public hearing
was declared open.
On May 21, 1987, the Redevelopment Agency approved the concept of
utilizing the SDG&E right-of-way west of "E" Street at Bay
Boulevard for the Nature Interpretlye Center Temporary Parking
Lot. Environmental Review of the project was conducted and
Negative Declaration IS-87-64 was issued. A Coastal Development
Permit is required for this activity.
The recommendation is that the City Council adopt the attached
resolution and findings therein:
1. Adopting Negative Declaration IS-87-64;
2. Finding that the proposal is consistent with the policies
of the certified Chula Vista Local Coastal Program;
3. Issuing Coastal Development Permit #020.
Minutes 25 - June 23, 1987
CIP project No. RD-114 provides approximately $7,000 for the
development of the proposed temporary parking facility. When bids
are received for the work, a detail cost will be reported to the
Redevelopment Agency as the funding agency.
There being no testimonies either for or against, the public
hearing was closed.
Resolution offered by Councilwoman McCandliss the reading of the
text was waived by unanimous consent, passed and approved by
unanimous consent.
29. PUBLIC HEARING COASTAL DEVELOPMENT PERMIT FOR THE
DIVISION OF LAND FOR CONVEYANCE OF
PROPERTY FOR WETLANDS HABITAT
PROTECTION/MITIGATION/BUFFERS TO THE
COUNTY OF SAN DIEGO AND THENCE TO THE
CALIFORNIA DEPARTMENT OF FISH AND GAME
RESOLUTION 13116 AUTHORIZING THE ISSUANCE OF A COASTAL
DEVELOPMENT' PERMIT TO SANTA FE LAND
IMPROVEMENT COMPANY FOR DIVISION OF LAND
FOR CONVEYANCE OF PROPERTY FOR WETLANDS
HABITAT PROTECTION/MITIGATION/BUFFERS TO
THE COUNTY OF SAN DIEGO AND THENCE TO THE
CALIFORNIA DEPARTMENT OF FISH AND GAME,
SUBJECT TO THE CONDITIONS IN ATTACHMENT "A"
This being the time and place as advertised, the public hearing
was declared open.
Santa Fe Land Improvement Company, owner of the property proposed
for conveyance for wetland habitat protection/mitigation/buffers,
would like to convey 148.493 acres of their property to the County
of San Diego and thence to the California Department of Fish and
Game.
A permit for the proposed division of land is required under
Section 19.92 of the Chula Vista Bayfront LCP, but the division is
exempt from Environmental Review under (CEQA pursuant to Sections
15307 Class 7, 15308 Class 8, 15313 Class 13, 15315 Class 15,
15317 Class 17 and 15325 Class 25(a) of the CEQA Guidelines.
Also, parcel map requirements were waived in accordance with
Section 66428 of the California Subdivision Map Act.
The recommendation is that the Council finds that the proposed
division of land for conveyance of property subject to staff's
conditions, is consistent with and adequate to carry out the
policies of the certified Chula Vista Bayfront Local Coastal
Program and issue a Coastal Development Permit for said project.
Minutes - 26 June 23, 1987
Staff reported that the Chula Vista Investment Company would like
the Council to recognize that their absence from the meeting does
not constitute an agreement with all conditions.
There being no further testimonies either for or against, the
public hearing was closed.
Resolution offered by Mayor Cox the reading of the text was waived
by unanimous consent, passed and approved by unanimous consent.
30. PUBLIC HEARING TO DETERMINE NECESSITY TO ACQUIRE REAL
PROPERTY FOR THE CONSTRUCTION OF THE
TELEGRAPH CANYON CREEK FLOOD CONTROL
PROJECT
RESOLUTION 13117 DECLARING THE PUBLIC NECESSITY FOR THE
ACQUISITION OF REAL PROPERTY FOR THE
CONSTRUCTION OF TELEGRAPH CANYON CREEK
FLOOD CONTROL PROJECT AND AUTHORIZING THE
CITY ATTORNEY TO COMMENCE EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE REAL PROPERTIES
INTEREST TO THEREIN FOR SAID PROJECT
This being the time and place as advertised, the public hearing
was declared open.
On June 5, 1987, staff on the direction of the City Attorney
notified Ms. Martha Griffith of a public hearing to be held on
June 23, 1987, to determine the necessity to acquire real property
for the construction of the Telegraph Canyon Creek Flood Control
Project across her parcel located at 980 Broadway (Assessor's
Parcel No. 618-010-17). The property is needed to construct the
double box culvert and will be restored and returned to her upon
completion of the project.
The recommendation is that Council:
a) Adopt the resolution of public necessity and authorize the
City Attorney to commence eminent domain proceedings to
acquire the real property.
b) Authorize the Director of Finance to deposit funds as
necessary for security deposits, filing fees and expert
witness fees, court awards and any funds required to be
deposited in Court.
The appraisal value of the easement is $14,100 but does not
include the value of a portable shed to be purchased to store the
contents of Ms. Griffith's garage nor a reasonable expense to move
these contents. The latter costs are still under negotiations at
this time. Funds are available to cover the cost of the easement
and the expense of the eminent domain proceedings.
Minutes - 27 - June 23, 1987
Robin Griffith, 980 Broadway, appeared before City Council for her
mother, Martha Griffith, owner of the property. Ms. Griffith
stated that the family is not opposed to the project itself, but
is opposed to the manner in which it is accomplished, mentioning
the contents of the garage that is proposed to be demolished; the
medical problems of her mother which hinders cleaning out the
garage. A possibility of shoring the garage and to restore it
later would be acceptable; especially since this will change the
program of a handicapped person living at the home and using this
garage. The compensation offered, as well, is not satisfactory.
Staff explained that shoring of the garage might be successful and
is being explored.
Councilmember Moore stated his belief that, in view of the
handicapped person in this home, more effort should be made to
solve this problem.
There being no further testimonies either for or against, the
public hearing was closed.
MSUC (Nader/Cox) to direct staff to shore the garage and take
whatever steps are necessary to alleviate the concerns of Ms.
Griffith, and to report back to Council if they find that they
cannot resolve or that another agreement is reached.
31. ORAL COMMUNICATIONS None.
PULLED ITEMS
6. RESOLUTION 13118 ACCEPTING THE STATE ROUTE 125 CORRIDOR
STUDY AND DIRECTING THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR AN INTERIM
FOUR-LANE STREET WITHIN THE PROPOSED
SR-125 CORRIDOR BETWEEN OTAY LAKES ROAD
AND SR-54; AND REQUESTING THE BOARD OF
SUPERVISORS AND THE COUNTY OF SAN DIEGO TO
ACCEPT THE STATE ROUTE 125 CORRIDOR STUDY,
INITIATE THE PROCESS TO A END THE COUNTY
GENERAL PLAN TO INDICATE A STREET FACILITY
IN THE CORRIDOR, AND AGREE TO PARTICIPATE
AS THE LEAD AGENCY WITH THE CITY OF CHULA
VISTA AS THE RESPONSIBLE AGENCY IN THE
PROCESSING OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE CONSTRUCTION OF A FOUR-
LANE STREET IMPROVEMENT WITHIN THE
PROPOSED SR-125 CORRIDOR
Minutes 28 - June 23, 1987
An in-depth engineering and financing alternatives analysis of a
four-lane interim street facility within the SR-125 corridor
between Otay Lakes Road and SR-54 has been completed, and a report
with recommendations submitted to the City. One of the
recommendations for implementation is the early preparation of an
Environmental Impact Report for the interim four-lane facility
with the cost paid by Development Impact Fees collected from the
EastLake and Bonita Long Canyon Developments. Since a large
segment of the proposed street improvement is within the County of
San Diego, it will be necessary to have their cooperation in the
preparation of the EIR.
Staff stated this is a result of a study, working with staffs of
CALTRANS, County and Chula Vista, as well as major property o~ners
of area. This merely accepts the study and forwards it to the
County. Public input by the County will be incorporated.
George Kost, 3609 Belle Bonnie Brae Road, Bonita, Member of
Sweetwater Civic Association and also representing the Business
Industry Association Traffic Task Force, appeared to recommend
that Council delay approving the draft until the General Plan
Amendment and the Sweetwater Traffic Study is completed; (2) to
further explore the easterly alignment around San Miguel Mountain
with special emphasis on people and their general welfare, rather
than to allow cost-effectiveness to be the primary issue; and (3)
hold hearings so that Bonita residents, civic and planning
organizations can voice their concerns and opinions.
Staff explained that the City will have to fund the EIR, that this
will be a three or four year project, that public input is
appropriate, and that the Board of Supervisors will have to deal
with this broadly when they adopt the route.
Councilwoman McCandliss stated that City Council should not at
this time accept the report and make positive statements about it,
as the Civic Assosication and the Planning Group needs time to
consider the matter. Council statements would be forwarded at the
time of public hearing. Mayor Cox suggested to docket this'matter
for the latter part of October for a Council Conference.
MSC (McCandliss/Moore) to offer the resolution and to appropriate
$100,000 for the staff and consultant to prepare the EIR, that the
study be transmitted to the County with the statement that there
are community groups that wish to provide comment and that, at the
time the public hearing is held, the City of Chula Vista may be
making other comments; and, further, that the City Council set
this matter for a Council Conference to discuss in more detail.
Councilman Malcolm voted no.
Minutes 29 - June 23, 1987
18. REPORT PROPOSAL TO REQUIRE MINUTES TO BE TAKEN OF
CLOSED SESSION MEETINGS (City Attorney)
At its June 9, 1987 meeting, the City Council directed that a
report be prepared dealing with the question of whether minutes
should be kept of closed sessions dealing with litigation. It was
.contemplated that these minutes would be kept confidential until
such time as the litigation in question was concluded and at that
time would be available to the general public. The minutes would
be kept by the City Clerk and approved by the City Council.
Councilmembers would have access to these records at any time. In
his report to Council, the City Attorney noted the
provisions of the Brown Act, and specifically
Government Code Section 54957.2. His recommendation
is that Council not authorize the taking of minutes
of closed session meetings dealing with litigation.
MSUC (Malcolm/McCandliss) to continue to the regular meeting of
July 14, 1987.
22. REPORT STATUS OF REAPPLICATION FOR A MAJOR USE PERMIT
TO CONTINUE A SCRAP YARD AT 128 MACE STREET -
MARY REED (Director of Planning)
On May 12, 1987, Council heard a request from the owners of Chula
Vista Recycling located at 128 Mace Street to extend the deadline
to vacate the existing scrapyard to June 30, 1987 from March 31,
1987, and to reconsider their previous action to abate the use.
Council, after hearing testimony on the subject from staff, the
Chair of the Montgomery Planning Committee and the attorney for
the owners voted to extend the use to June 30, 1987, at which time
the owners were to vacate the property. Council also indicated
that the owners may reapply for a major use permit and go back
through the process if they so choose.
Staff's recommendation was to grant a stay of abatement for the
scrapyard until August 31, 1987, conditioned upon a completed
major use permit application being on file with the Planning
Department by June 26, 1987.
Councilwoman McCandliss recalled that guidelines had been set up
for the property owner to report on improvements and to make
positive statements regarding their intentions to clean up the
area; and now there is a reapplication for a major use permit,
which concern was shared by Councilman Malcolm.
MSUC (Cox/McCandliss) to accept the report and to docket this
item in August at the same time the public hearing is set to
revoke the conditional use permit.
Minutes 30 - June 23, 1987
32. REPORT OF THE CITY MANAGER
a. RESOLUTION APPROVING MOU CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT WITH THE CHULA
VISTA EMPLOYEES ASSOCIATION FOR FY 1987-88
This item had been placed on the agenda in anticipation of
settlement with the Chula Vista Employees Association prior to the
June 23, 1987 Council meeting, and deleted by the City Manager.
bo City Manager reported that he will speak for the Boys Club at
the Bonita Group Meeting; and
co that he will attend the Task Force Meeting on growth
management.
33. MAYOR'S REPORT
a. Nature Interpretive Center Grand Opening Funding. Mayor Cox
outlined the progress made, plus the need to accommodate the
guests by transporting to the Center from a sheltered area at
the pick up station.
MSC (Cox/Malcolm) to appropriate $1,620 to fund two passenger
buses for the transportation of the people visiting the Nature
Interpretive Center Grand Opening from the parking lot to the
Center. Councilman Nader voted no.
34. COUNCIL COMMENTS
a. Councilman Malcolm: Report of the Legislative Committee
regarding legislative items impacting the 1987 Legislative
Program: SCA 27 - for information only.
b. Councilwoman McCandliss asked that the question of roadway
improvements to Nature Interpretive Center, as well as whether
Center should be opened to the public after July 4th be
docketed as an agenda item at the first meeting in July with
the Bayfront Conservancy Trust.
c. Councilman Malcolm asked that the 1/2~ sales tax issue be
docketed for the first meeting in July.
d. Councilman Moore discussed that the Mayor and the City Council
representative meet with the MTDB to discuss a light rail on
Route 125, and to docket this issue for the July 14th meeting.
Minutes - 31 - June 23, 1987
ADJOURNMENT AT 1:45 a.m., June 24th, to the Council Conference on
June 25 at 4 p.m. and the regular meeting of July 14, 1987 at 7
p.m.
Jean rtune, Deputy City Clerk
1034C