HomeMy WebLinkAboutcc min 1990/02/06 MINU'IT~ OF A REGULAR MEETING OF THE
CITY OF CHULA VISTA
Tuesday, February 6,1990 Council Chambers
4:00 p.m. Public Services Building
CAlL TO ORDER
1. ROlL CALL:
PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox
ALSO PRESENT: City Manager, John D. Goss; City Attorney, Tom Hamcon; and City Clerk,
Beverly A. Authelet
2. PI.RI~GE OF AI .1 .F. GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: January 16, January 23, January 25, and Januapf 29, 1990
MSUC CMoore/McCandliss) to approve the minutes of January 16, 23, 25, and 29, 1990 as presented.
4. SPECIAL ORDERS OF THE DAY:
4a. Vice Mayor McCandliss presented a proclamation to Mr. Joe Conte, Superintendent of Southwestern
Community College, proclaiming the month of February 1990 as "National Community College Month".
CONSENT CAT.F. NDAK
(Items pulled: 5d, 18, and 23)
Mayor Cox stated that staff had recommended the continuation of Item 15 for one week and the Developer
had requested an indefinite continuation of Item 22. He also noted that items 12, 18, and 20 would require
a 4/5's vote.
MSUC (Cox/Nader) to continue Item 15 for one week and to table Item 2.2, approved 5-0-0.
COUNCILMAN MOORE OI~FERED THE BALANCE OF THE CONSENT CALENDAR, reading of the text waived,
passed and appruved unanimously. (Councilman Malcolm abstained on Item 17)
Mayor Cox stated that due to the tragic death of Pamela Pendergraff and the number of people in the
audience that wished to speak regarding this issue, he would deviate from the normal agenda and Council
would consider Oral Communications at this time.
5. WRi-yI-KN COMMUNICATIONS:
a. Letter addressing a problem concerning the Starlite Yule Parade - Bob McMains, President, Chula
Vista Downtown Business Association, Box 381, Chula Vista, California 92012. - Recommended that the
request be referred to staff, with directions that they meet with the Downtown Association to explore
strategies that could be developed in accomplishing the goals sought by the Association. I~7~
Minutes
February 6, 1990
Page 2
b. Letter from Chula Vista's Religious/Non-Profit Institution Task Force strongly supporting an
exemption for churches from the Devdopment Impact Fee - Richard H. Hensgen, Vice Chairman, The
Religious/Non-Profit Institute Task Force, Chula Vista, California. Recommended that the letter be referred
to staff for continued consideration of this group's concerns in a report that is curren~y in draft form but
has not been discussed with the Task Force.
c. Letter from Mr. Curtis J. Corn expressing his concerns over formation of District 89-3 -Mr. Curtis
3. Corn, 4429 Loma Paseo, Bonita, California 92002. Recommended that Mr. Corn's letter be referred to staff
for preparation of a letter to Mr. Corn, wherein he be advised that, among other things, the condition
originally imposed on the developer of the Otay Rio Business Park that would prohibit further development
when Otay Valley Road reaches 7100 ADT's was revised by applying the threshold standards as opposed to
the 7100 ADT's.
d. Letter requesting an advisory vote on the future of the eastern tenitories - Mr. Thomas A. Davis,
1657 Gotham Street, Chula Vista, California 92013. Recommended that the letter be submitted to staff for
a report back on the public participation process that will be utilized in the development of the alternative
plan to be formulated by the City and the County through the Task Force. Item pulled from the consent
calendar.
6. RESOLUTION 15487 APpROVINGTHEISSUANCEOF$S,36S,OOOPRINCIPALAMOUNTOFBOND
ANTICIPATION NOTES BY THE RFA)EVELOPMENT AGENCY OF THE CITY OF CHULA VISTA - This
resolution is related to an item on the Redevelopment Agency agenda where the Agency is being requested
to authorize the issuance of 1990 Bond Anticipation Notes. State law requires City approval of any notes
or bonds issued by RDA. Staff recommends approval of resolution - (Director of Finance) ! a>8~
7. RESOLUTION 15488 ACCEPTINGPETITIONFORTHECONSTRUCTIONOFMISSINGSIDEWALK
ALONG SECOND AVENUE FROM 'IF STREET TO 514 SECOND AVF. NUE -Accepting petition from property
owners at 204 "H" Street and 514 Second Avenue requesting construction of sidewalk along Second Avenue
under the 1911 Block Act proceedings. Staff recommends acceptance of petition and include subject
properties in the current 1911 Block Act proceedings -(Director of Public Works)/,~ 7&5
8.A. RESOLDTION 15489 ACCEPTING GRANTS OF EASEMENT FOR STREET TREE PURPOSES FROM
THOMAS W. GENTRY - Staff recommends approval of resolution - (Director of Public Works) /~'789
B. RESOLLrHON 15490 ACCEPTING GRANTS OF EASEMENT FOR STREET PURPOSES,
DEDICATING SAID STREETS TO PUBLIC USE AND OFFICIALLY NAMING SAID STREET 'ORANGE DRIVE'
AND 'WALNIFF DRIVE' - Staff recommends approval of resolution - (Director of Public Works) hq ~'O
C. RESOLUTION 15491 ACKNOWLEDGING AN IRREVOCABLE OFFER. TO DEDICATE REAL
PROPERTY FOR 5fREET PURPOSES ALONG THE EASTERLY SIDE OF WALIWOT DRIVE - Staff recommends
approval of resolution - (Director of Public Works) 127~ t
D. RESOLUTION 15492 APPROVING AGREEMENT WHEREIN THE DEVELOPER WAIVES THE RIGHT
TO PROTEST THE FORMATION OF ANY ASSESSMENT DISTRICT FOR THE CONSTRUCTION OF STREET
IMPROVEMF2qFS ON WALNUT DRIVE AND ORANGE Al OR AN OVERALL DIS'rKICT FOR STREET
IMPROWIAEN'PS IN TIIE WOODLAWN PARK AREA AND ALrH-IORIZING THE MAYOR TO EXECLrFE SAID
AGRI~I~MENT - Staff recommends approval of resolution - (Director of Public Works) /~TF:l,
Minutes
February 6, 1990
Page 3
9.A. RESOLUTION 15493 APPROVING THE FINAL MAP AND SUBDIVISION IMPROVEMENT
AGPRRMENT FOR CHULA VISTA TRACT 89-13, SERENA RANCHO DEL REY AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGI~RRMENT -On September 12, 1989, by Resolution No. 15300, the City
Council approved the tentative subdivision map for Chula Vista Tract 89-13, Serena Rancho del Rey. The
Final Map for said subdivision is now before the Council for approval. Staff recommends approval of
resolution - (Director of Public Works) I,~"?q3 '/'//
B. RESOLUTION 15494 APPROVING AN AGREEMENT WITH THE DEVEhOPER OF SERENA
RANClIO DEL REY SUBDIVISION IN WHICH THE DEVELOPER AGR R~-~ THAT THE CITY MAY WITHHOLD
BUILDING PERMITS OF THE SUBJECT SUBDIVISION IF TRAFFIC ON OTAY LAKES ROAD OR EAST
stREET EXC:RRDS THE LEVRLq OF SERVICE IDENTIFIED IN THE U'ITS ADOPTED THRESHOLDS AND
ALrl'HORIZING THE MAYOR TO EXECUTE SAID AGIIF. F. MENT - Staff recommends approval of resolution -
CDirector of Pubic Works)/~
10. RESOLUTION 15495 ACCEPTINGCONTRACTWORKFORINSTAIJATIONOFSIDEWALKSNEAR
SCHOOLS IN THE (:FLY OF CHIJLA VISTA - On October 3, 1989, the City Council, by Resolution No. 15324,
awarded a contract to Cave Construction in the amount of $19,100 (including contingencies) for the
installation of sidewalks and the work is now complete. Staff recommends approval of resolution -(Director
of Public Works) Continued to meeting of 2/13/%. /2
11. RESOLUTION 154% ACCEPllNGCONTRACTWORKFORREPLACEMENTOFEXlSTINGSTORM
DRAIN PIPE ON SLOPE, EAST SIDE OF OTAY LAKES ROAD APPROXIMATELY 600 FEET NORTH OF
CAMINO RI.RVADO IN THE tlrlY OF CI-1ULA VISTA - On October 17, 1989, the City Council, by Resolution
No. 15348, awarded a contract to AUI, Inc. in the amount of $27,000 (including contingencies) for the
replacement of existing storm drain pipe on slope, east side, of Otay Lakes Road. The work is now complete.
Staff recommends approval of resolution - (Director of Public Works) 12 ~t
12. RESOLUTION 15497 APPROVING FIRST ~IVIENT AND APPROPRIATING ADDITIONAL
FUNDS TO COMPENSATE INFRASTRUCTURE MANAGEMENT SERVICES ([MS) FOR THE TEST[NG OF CITY
STREETS - Change order and appropriate additional funds in the amount of $3,628 to cover the full cost
of Consultant Services for the testing of City Streets Phase III. Staff recommends approval of resolution -
(Director of Public Works) I,I~q7
13. RESOLUTION 15498 ACCEPTINGCONllL~CTWORKANDTRANSFERRINGFUNDSFORSTREET
IMPROVEMENTS AT COLORADO AVENUE AND KEARNEY SfREET IN THE CITY OF CHULA VISTA - On
October 17, 1987, the City Council, by Resolution No. 15347, awarded a contract to Cave Construction in
the amount of $23,000 (including contingencies) for the construction of street improvements at Colorado
Avenue and Kearney Street. The work is now complete. Staff recommends approval of resolution - (Director
of Public Works) I.~
14. RESOLUTION 15499 APPROVING CHANGE ORDER NO. 3 FOR THE REMODELING OF FIRE
STATION #1 AT 447 'F' STREET IN THE CITY OF CI-HYlA VISTA, CALIFORNIA; AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY - On July
8, 1989, the City Council, by Resolution No. 15243, awarded a contract to Robell Construction for the
remodeling of Fire Station #1 at 447 "F" Street. Two change orders have been approved and now they are
proposing a third change order. Staff recommends approval of resolution -(Director of Public Works)
Minutes
February 6, 1990
Page 4
15. RESOLU'HON 1SS00 APPROVING AGRF. F. MENT WITH RICK ENGINEERING COMPANY FOR
PREPARATION OF AERIAL MAPS AND CROSS SECTIONS FOR 1-805 IN THE VICINITY OF BONITA ROAD -
To study improving the Bonita Road/I-805 interchange, CalTrans requires topographical mapping and cross
sections of the area which are not currently available to the City. Rick Engineering has been chosen as the
consultant to provide this information. Staff recommends approval of resolution - (Director of Public Works)
Pulled from Consent Calendar and continued to meeting of 2/13/90. I~E~c)
16. RESOLUTION 15501 ENiERINGINTOAHOLDHARMIF-~SAG~RRMENTWITHTHESOUTHBAY
IRRIGATION DlSiKICT AND THE SWEETWATER AUTHORITY - South Bay Irrigation District and the
Sweetwater Authority are requiring the City to enter into a Hold Harmless Agreement to protect itself and
its officers from any damages which may result from damage to the water mains on two utility easements
through the eastern end of Rohr Park. Staff recommends approval of resolution ~ (Director of Parks &
Recreation) b1~9ot
17. RESOLUTION 15502 APPROVING THE OTAY VAIJ-I~r REGIONAL PARK JOINT EXERCISE OF
POWERS - The City of Chula Vista, City of San Diego and County of San Diego control property within the
Otay River Valley area. All three governmental agencies are participating in creation of a regional park
within this valley, encompassing the area from south San Diego Bay along the Otay River Valley corridor
to Lower Otay reservoir and beyond. Staff recommends approval of resolution - (Director of Parks &
Recreation) Councilman Malcolm abstained from voting. I~BO~
18. RESOLUTION 15503 APPROPRIATING FUNDS FROM BAY BOULEVARD LIGHTING AND
MAINTENANCE DlSrRICT RESERVE TO RELOCATE CHAIN-LINK FENCE ALONG BAY BODILWARD - During
past 12 months vehicles traveling south on Bay Boulevard in front of the Soup Exchange have failed to
negotiate road curve and have crashed into the chain-link fence barrier. Staff recommends approval of
resolution and also install a crash barrier - (Director of Parks & Recreation) Pulled from the Consent
Calendar.
19. RESOLUTION 15504 A.MF2~ING THE 1989-90 LEGISLATIVE PROGRAM AND ADOPTING A
LEGISLATIVE WORK PROGRAM FOR FISCAL YEAR 1990 - Amendments to the two-year Legislative Program
to reflect issues and address concerns raised during the first half of the 1989-90 Legislative session - (Deputy
City Manager) I,~8o*/
20. RESOLUTION 15505 APpROVINGSECONDAMENDMF2CTTOTHEAGInRF-MENTBETWEENTHE
CITY AND THE WYATT COMPANY FOR BENEFIT CONSULTING SERVICES, AND APPROPRIATING FUNDS
THEREFOR - The City has been contracting with The Wyatt Company for employee benefit consulting
services since January 12, 1988. This amendment will extend the existing contract one year, expand the
scope-of-work and revise the contract cost. Staff recommends approval of resolution - (Director of Personnel)
21. RESOLUTION 15508 APPROVING AN ENCROA(~tVENT PERMIT NO. PE-200 ROHR INDUSllllF~
FOR TEMPORARY SECURITY FENCING ACROSS "G" STREET WEST OF BAY BO~ARD - (Director of
Community Developmen0/$tSb~,
Minutes
February 6, 1990
Page S
22. REPORT PROCESSING OF BONITA MEADOWS SUBDMSION AND PRECISE PLAN
REGARDING THE ALIGNMENT OF STATE ROUTE 125 - Response to written communication sent to Council
from Buie Corporation in which they asked to be allowed to process tentative map and precise plan for
property, Bonita Meadow, lying within alternative alignments being studied for SR # 125. Staff recommends
denial of request - (Deputy City Manager) (continued from meeting of 01/16/90) Pulled from the Consent
Calendar and table& /~.9c. 7
23. REPORT REGARDING THE CONSTRUCTION OF RAISED MEDIANS ON BROADWAY
IN THE CITY OF CHULA VISTA - As part of the programmed construction and widening of Broadway
between "F" Street and the south City boundaries staff if recommending the inclusion of raised landscape
medians on those sections of Broadway not already having them. Staff recommends installation of raised
landscaped medians - (Director of Public Works) (continued from meeting of 01/23/90) Pulled from the
Consent Calendar.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND REt.A. TED RESOLUTIONS AND ORDINANcF-q
24. PUBLIC HEARING PCS4~)-12: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR SUN-
LIP, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT - Gold Key Development has submitted a
tentative map known as Sun-Up Vista, Chula Vista Tract 89-12, proposing subdivision of 2.31 acres located
on south side of Telegraph Canyon Road, east of Hilltop Drive, into 8 single family lots. The property
includes an existing house on 66 Telegraph Canyon Road and extends easterly approximately 600 feet. Staff
recommends approval of resolution subject to the conditions listed at end of report - (Director of Planning)
(continued from meeting of 01/16/90) 1~8o f-
RESOLUTION 15442 APPROVING THE TENTATIVE SUBDM SION MAP FOR SUN-UP VISTA,
CHULA VISTA TRACT 89-12 - GOLD ~ DEVELOPMENT
This being the time and place as advertised, the public hearing was declared open.
Bob Leiter, Director of Planning, stated this item was originally considered on 10/10/89 and continued in
order to allow the applicant to reevaluate the proposal with respect to concerns regarding development in
the panhandle area, lot size/FAR's, driveway access onto Telegraph Canyon Road, wildlife and soils/drainage.
Staff feels the developer has responded to the Council's concerns and recommends approval with the
eighteen conditions listed in the staff report. The Planning Commission voted 5-1-1 on 9/13/89 to
recommend that Council approve the map.
Ken Green, 3944 W. Point Loma Boulevard, San Diego, representing Gold Key Development stated they had
worked diligently with the City to address the concerns of the Council and hoped Council would concur with
the staff recommendation.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore left the meeting at 5:15 p.m.
Councilwoman McCandliss stated she felt the direction given to staff from the Council had been more
specific than what was shown on the drawings. She felt there was still a problem with the panhandle and
Minutes
February 6, 1990
Page 6
felt two units were excessive. She did not feel that this was a solution and she could not support the
resolution.
Councilman Malcolm stated he had met with Mr. Green regarding the development of one unit on the
panhandle. Mr. Green had informed him that the cost of the culvert would be so expensive, it wouldn't
support one home. Councilman Malcolm stated he still did not like the project and was concerned over the
access to the property.
Mr. Leiter stated it would be necessary to build a bridge at an estimated cost of $50,000 - $70,000. He
stated a homeowners association was a possibility if the panhandle was undeveloped. There was concern
by the staff that the area would not be maintained at City levels. He stated it would be a small association
of individual owners that would have to support this area.
Councilman Malcolm stated the project met all requirements, and the rules allow this type of development
even if the Council doesn't like it.
Councilwoman McCandliss stated this was a discretionary permit and the rules did not mandate approval.
She stated it would seem that in order to design to the Council's desires, it would not be cost effective. By
denying tonight it was not denying use of the property and the Council should not feel obligated to approve.
MS OVlcCandliss/Nader) to deny the tentative map. Motion died 2-2-1 with Councilmembers Cox/Malcolm
voting no and Moore absent.
SL1BSTITUTE MOTION: CMalcolm/Cox) to delete the back two residences and enter into a maintenance
agreement. Motion died 2-2-1 with Councilmembers McCandliss/Nader voting no and Moore absent.
Mayor Cox stated Council could either take action to deny or refer back to staff.
MSC (CoX/Malcolm) to refer back to staff for specific sighting, consideration of five units and the conditions
recommended by the Planning Depamnent. Approved 4-0-1 with Councilman Moore absent.
Councilman Nader stated he had remaining concerns on the number of curb cuts and safety on Telegraph
Canyon Road and hoped this would be addressed in the referral.
Mayor Cox stated the referral included the number of units and any alternatives staff can come up with.
Councilman Moore returned to the meeting at 5:30 p.m.
25. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-90-21: REQUEST TO ESTABLISH A
BOARD AND CARE FACILITY FOR INDM DUALS WITH MILD MENTAL DISORDERS AT 5S1 'I)
YVONNE ALLISON - Establish a board and care facility serving 40 individuals (primarily veterans) with mild
mental disorders. Environmental Review Coordinator conducted an Initial Study, IS-90.2S, and concluded
that there would be no significant environmental impacts and recommended adoption of Negative
Declaration IS-90-2S. Staff recommends adoption of resolution denying PCC-90-21 -(Director of Planning)
(continued from meeting of 01/16/90)
A. RESOLLrrION 1S462 DENYINGPCC-90-21: ESTABLISHINGABOARDANDCAREFACILITYFOR
INDM DUALS ~ MILD MENTAL DISORDERS AT SS1 'D' STREET
.,
Minutes
February 6, 1990
Page 7
B. RESOLUTION 15463 APPROVING PCC-90-21: ESTABLISHING A BOARD AND CARE FACILITY
FOR INDIVIDUALS WITH IV~I.F) IViENTAL DISORDERS AT 551 *D* b'I KEET
This being the time and place as advertised, the public hearing was declared open.
Bob Leiter, Director of Planning, stated this item was continued from the meeting of 1/16/90 with direction
for staff to meet with the applicant to address the issues of admission policies, population intensity,
supervision, on-site recreation and activity programs, background and experience of facility staff, input from
health professionals, and comparison to other facilities and programs.
He stated there appears to be a significant need for this type of care facility, particularly one which would
offer a highly structured program of training and activities. Staff continues to believe that the location and
orientation of the site and facilities presents too great a potential for conflicts with the surrounding
neighborhood. If the Council chooses to approve the permit, the staff recommends the conditions listed in
the resolution.
Yvonne Allison, 736 F Street, Coronado, CA, spoke in opposition to the staff recommendation. She has
agreed to screen all clients but wanted to make it clear that those who had been clean of drugs for one year
would be allowed in the program. She noted the facility had received unanimous approval from the
Planning Commission and she questioned whether the Council considered that recommendation in making
their decision. She stated they would continue to inform the community about their program and there was
no sizeable opposition to the facility. They have increased their percentage of veterans for the first year to
50% and still hoped to have an even higher percentage.
Bill Ayers, 44 E. Mankato Street, Chula Vista, CA, representing the San Diego County Veterans Council,
stated the program as presented appeared to be superior to any program available. He informed the Council
that there was a problem with placing veterans in facilities within the County and he urged the Council to
do something for the vets.
Jackie McQuade, 339 E. J Street, Chula Vista, CA, stated she worked in a day treatment facility for the
mentally ill and that this facility was badly needed. She felt the facility was well thought out and located
and could not understand staff opposition.
Jim Lantry, 427 C. Street, San Diego, CA, stated he had no connection to the facility but felt he should speak
on behalf of the need for the veterans in San Diego. San Diego curren~y has the highest concentration of
vets and homeless in the nation and from the proposal, this facility seemed to be one of the finest he had
seen and felt it deserved the Council's support.
There being no further public testimony, the public hearing was declared closed.
Mayor Cox questioned what conditions could be attached to the conditional use permit addressing the
specific concern regarding admission of veterans.
Mr. Leiter stated the restriction was basically a state regulation and administered through the state licensing
agency and he did not feel there were any City regulations that would limit the Civfs ability to restrict. He
felt a condition could be placed stating, to the extent permitted by State law, admission shall be restricted
to veterans. He felt this put the City in a position where it is implementing its own policy and will meet
the state's legal requirements.
MAYOR COX OIq'ERED RESOLUTION 15463, reading of the text was waive&
Minutes
February 6, 1990
Page 8
AMENDMF2Cr TO RESOLUTION: {Cox/Nader} to amend the resolution to include: a condition be placed
that admission shall be resuicted to veterans, to the extent permitted by State law. Approved 5-0.0.
Councilman Nader stated there was no condition stating the maximum number of clients would be forty-
nine.
Mr. Leiter stated this would be covered in Condition #4 - Conditions of the Project Description.
Councilman Nader questioned whether everyone understood that was the maximum number.
Mr. Leiter stated it was understood.
Councilman Moore stated the upside to the project was the interior of the facility and noted that if not
approved, it would give the State another opportunity to dictate to the City what they must do.
Councilwoman McCandliss stated that the administrators needed to understand that if they were out of
compliance with the conditions they would lose the Conditional Use Permit. She was pleased to hear the
percentage of veterans had been increased the first year and noted there was still a certain risk involved with
a facility of this type. She shared the concerns of the staff regarding configuration but felt they should be
given an opportunity to establish the program and attack record and she would like to see a time limit of
eighteen months and review at that time.
AMENDMENT TO RESOLUTION: (McCandliss/Moore) to place an eighteen month review on the
Conditional Use PenniL Approved 5-0-0.
VOTE ON RESOLUTION AS AMENDED: 4-1-0 with Councilman Malcolm opposing.
26. PUBLIC HEARING GPA-90-04: CONSIDERATION OF THE GENERAL PLAN TASK FORCE'S
RECOMMENDATIONS ON REVISIONS TO SECTION 4.1 OF THE GENERAL PLAN LAND USE RLRMENT -
Adopt a resolution incorporating the Task Force's amendments into the text of the Land Use Element - Staff
recommends approval of resolution - (Director of Planning) /~ll
RESOLUTION 15506 ADOPTING THE GENERAL PLAN TASK FORCE'S AMENDMENTS TO THE
RESIDENTIAL DENSITY AND CLUSTERING PROVISIONS OF THE LAND USE EI.RMENT OF THE GENERAL
PLAN - (Director of Planning)
Councilman Malcolm left the meeting at 6:12 p.m.
This being the time and place as advertised, the public hearing was declared open.
Bob Leiter, Director of Planning, stated the Task Force had completed its restudy of its proposed amendments
to the General Plan, and had prepared recommended changes to Section 4.1. It had also addressed the
density-credit provision of Section 6.2. According to the Environmental Review Coordinator, additional
environmental assessment is not required by the proposed amendments or their revisions.
Councilwoman McCandliss questioned the section on net density and the character changes in clustering.
Mr. Leiter stated the Task Force had worked on the language of that section and that in any kind of Planned
Unit Development, townhouses/condos, green areas were integrated into the project. Green and open spaces
are computed in the densities and slopes or large steep open spaces would not. Evaluation will be made
on a case by case basis.
Minutes
February 6, 1990
Page 9
Councilwoman McCandliss stated that clusteringwould allow more units and she expressed her concern over
encouraging the stacking of units in exchange for open space.
Mr. Leiter stated it did allow grouping of units and open space but did not increase gross densities. He felt
there was a lot of discretion in the project.
There being no public comment, the pubic hearing was declared closed.
Councilman Nader stated these were guidelines of what the Council could do, not what the Council had to
do.
COUNCILMAN NADER OFFERFi) RESOLUTION 15506, reading of the text waived, passed and approved 4-0-
1 with Counciknan Malcolm absenL
Council adjourned to dosed session at 6:20 pma. to discuss:
a. Leonard vs. Pullen
b. Pending liU'gation: Rabin vs. County of San Diego
The meeting reconvened at 6:47 p.m.
27. PUBLIC HEARING GPA-90-5: CONSIDERATION OF A DB/ELOPMENT AGR RRMENT FOR
EAKIn.)d~ IIl- (Deputy City Manager)
ORDINANCE 2356 ADOPTING THE EASTLAKE III DEVELOPMENT AGRRRMENT - (first
reading)
Mayor Cox stated the Council would hear testimony and consider EastLake IIl and EastLake Greens
concurrently.
28. PUBLIC HEARING PCS-88-3: CONSIDERATION OF A DEVELOPMENT AGReeMENT FOR
EASTLAKE GR~F-NS - (Deputy City Manager)
ORDINANCE 2357 ADOPTING THE EASTIdlE GREENS DEVELOPMENT AGRRI~.MENT - (first
reading)
George Krempl, Deputy City Attorney, stated the EastLake Greens agreement was more specific and detailed
because they have already had SPA Plans and the Tentative Map approval. EastLake Ill is dealing at the
General Development Plan Level and staff has not received other planning documents which would assist
them in structuring a development agreement in a more precise fashion in terms of some of the provision.
He then continued to outline the principal benefits of the agreements.
City Manager Goss underscored the fact that in return for the $6.9 m~lion of improvements in EastLake
Greens, the City would vest the right of the developer to develop and maintain his project for the uses and
densities set forth in the EastLake Greens SPA Plan.
Minutes
February 6, 2990
Page 10
Councilman Nader expressed his concern over the Parks and Recreation Commission being unsatisfied over
the parks provision.
Mr. Krempl stated the Parks and Recreation Commission considered EastLake Greens park plans and size
but did not review the development agreements.
Manuel Mollindo, Director of Parks and Recreation, stated the Commission concern was over 15 usable acres
of park. When the park was finally presented, there were 14.7 usable acres. EastLake has agreed to give
2 acres in a later phase.
Civj Manager Goss stated the total amount and net usable was clear to staff all along. He felt there may
have been some misinformation or miscommunication regarding the park.
Councilman Malcolm stated that Item #27 gave the developer nothing. There has been a moral commitment
by the Council on the intent, but Council can deny EIR's, tentative maps, change thresholds or growr_h rules.
He felt on Item #28 staff was off base and in the wrong direction. It disturbed him that staff didn't honor
the commitment the Council had made. EastLake is doing a great service with the Olympic Training Center
and he felt he had made a moral commitment and he expected staff to live up to the Council majority. He
stated the City needed to have rules and ff #28 was in compliance with all rules and thresholds,
transportation plan and facilities plan it should be allowed.
AMENDMENT TO ORDINANCE 2357 CMalcolm) to agree with the Planning Commiss;ion recornmerldation
and, remove all reference to numbers. The developer is not to bu~d one unit unless it meets all thresholds
and transportation plans.
Mr. Krempl stated the agreement was in todays dollars but when demanded, there is indexing for the
difference.
Councilwoman McCandliss stated the development agreement for #28 gave a good introduction and
background, including what it does. From the description, it would appear the City is getting more in the
way of facilities and questioned what the City could lose if they did not enter into the development
agreement.
City Attorney Harron stated the City can only impose exactions if there is a nexus between what we have
required of a developer and the burden they impose on the community. The City is purporting to impose
exactions prior to the burden ever existing or without ever existing. He felt the City was getting something
they could not get except through a development agreement.
This being the time and place as advertised, the public hearing was declared open.
Robert Santos, 900 Lane Avenue, Suite 100, Chula Vista, CA, spoke in favor of staff recommendation except
for #27. He felt the Development Agreement was important and he supported the Planning Commission's
recommendation in ies entirety and felt it was appropriate. The areas he did not agree with were, the term
of seven years, he did not feel had a lot of meaning for a project of this size, and Low/moderate income
housing. The Planning Commission version included 3,026 units for level of intensity of EastLake III and
Trails, which has been deleted, and he requested it be added back. Item #28, he supported Planning
Commission and staff recommendations with two exceptions. Schedule A, Exhibit I and the legal assurance
of density transfer. He felt EastLake had demonstrated to the City that they were ahead of the quality of
life thresholds. All projects were designed around current guidelines of the city and were in excess of all
requirements. He felt EastLake needed some degree of rate assurances in the EastLake IIl project. He was
not asking for anything that had not already been approved by the City. He requested that the Council
Minutes
February 6, 1990
Page 11
provide assurance that EastLake could transfer units within EastLake I or EastLake Greens with 3,026
currently approved totals within the project.
Mr. Krempl stated the development agreement stated EastLake provided the land for SR125 and the City
determines the number of lanes.
Ken Baumgarmer, 2727 Hoover Avenue, National City, representing Rancho Del Rey Partnership, spoke in
favor of staff recommendation. He stated the development agreement would impact other projects within
the community and he was cornfor~able with the agreement. He stated he would meet with Mr. Santos
regarding any other questions he may have.
Russ Hall, 488 Smith Avenue, Chula Vista, cA, stated he was on the Parks and Recreation Commission and
he had submitted a letter to the Council on 2/1/90. He stated the Commission was concerned regarding
the planning process and in particular the parks. He did not feel the Commission had adequate time to
discuss the changes. The developer had appeared before the Commission and indicated the project was
locked up without Planning Commission input. He stated he was trying to clarify the position of the
Planning Commission and to clear up any miscommunication.
Mr. Krempl stated the EastLake Greens SPA Plan and Tentative Map were recommended for approval by the
Planning Commission last summer. He felt there was a misunderstanding of gross versus net usage of the
park.
Councilman Malcolm stated he hoped staff would implement changes so all maps in the future would
include gross and net acreage.
Mr. Krempl stated that would be implemented and staff would also look at park plans at an earlier stage.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm stated he sympathized with the Parks and Recreation Commission and felt a mistake
had been made. He further stated the Council had not asked for gross and net usage of the park and
everyone had recommended approval, even though he had voted against it. He felt there was a terrible lack
of communication and hoped staff would be correcting this.
COUNCILMAN MALCOLM OI~'I'I~qED ORDINANCE 2356 FOR FIRST READING, reading of the text was
waived. Councilman Malcolm stated the Ordinance offered was the Ordinance that was approved by the
Planning Commission.
Mr. Krempl stated he needed to clarify Item #27. Staff had recommended three conditions: 1. delete
section 441 regarding the exclusion of low/moderate income housing. The Planning Commission action
included that section and he believed that was the intent of the maker of the motion. 2. Also included in
the Planning Commission recommendation was a minor adjustment to Section 4.9.1. 3. Staff recommended
changes in the term downward from 10 to 7. The Planning Commission approved 10 and he felt that was
also the intent of the maker of the motion. He stated the Planning Commission action included reference
in Section 4.4 of 3,026 dwelling units and this has been deleted from the development and ordinance before
the Council.
Councilman Malcolm agreed that was the intent of his motion.
Mr. Santos stated the 3,026 included EastLake Trails portion of EastLake II and was included in the Planning
Commission document.
Minutes
February 6, 1990
Page 12
Mr. Krempl stated this section had not really been discussed. It was his understanding to delete specific
number of units. Mr. Santos was correct in that additional review could modify the number of units.
Councilman Malcolm questioned if the Council would have the right to deny the EIR or tentative map if they
approved the development agreement.
City Attorney Harron stated the City had the tight but it was not spelled out in the development agreement
as it went to the Planning Commission. They have since made it clear in the amendments which both sides
have agreed to. The deleted number can be put back in but it is important to continue to make clear this
is subject to SEQA and tentative maps.
Mr. Santos stated that would satisfy EastLake also.
Councilman Malcolm requested that staff verify the number of units in the second reading and that staff
come back with a report as to why this was deleted.
Councilwoman McCandliss requested a report from the City Attorney regarding the transfer of the Olympic
Training Center property. She stated the intent of her original motion was that 30 days after annexation,
the land would be transferred to the Foundation so they would have control of the land, be there at no risk,
and the Council would never hear or have the OTC used against them again.
City Attorney Harron stated they have substantially complied. They have transferred a leasehold option for
$1.00 to 1994. It is a contractual obligation not secured by bonds but the Foundation feels there are
sufficient fixed assets. There are three way agreements between EastLake, the Foundation, and Western Salt
Company. He has been assured that the Foundation and United States Olympic Committee are comfortable
with the agreement.
Mayor Cox reopened the public heating.
Dave Nielsen, San Diego Sports Foundation, stated the Foundation and the USOC are comfortable with the
agreements.
There being no further public testimony, the public hearing was declared closed.
VOTE ON ORDINANCE 2356 AS AMENDED: Approved 5~0~0.
Councilman Malcolm stated EastLake deserved something for the gift they made to the community. If they
meet all the rules they should be allowed to build. He did not want to guarantee them any number.
AMENDMENT TO ORDINANCE 2356 AND AGREEMENT: (Malcolm/Moore) to ddete from ordinance and
agreement any pox-don regarding new rules or changes in the future. The agreement should be allowed to
proceed under exisling threshold and other n-ansportation agreements entered in the past, The City
Attorney had advised him the best way to delete those would be to remove the reference to 'might be in the
future" in section 4.12 and 4.13. Easttake should be made to meet all other existing xules, regulations and
threshold. Motion passed 3-2-0 with Councilmembers McCandliss/Nader voting no.
Councilman Malcolm stated that EastLake would not be bound by CAPS in the future.
Councilman Nader stated he had a problem with the motion in that it removed the Growth Management
element and he felt the EastLake Greens approval was premature.
Minutes
February 6, 1990
Page 13
ORDINANCE 2356 AS/hMF_a'N1DED WAS OFFERED BY COUNCILMAN MALCOLM FOR FIRST READING,
reading of the text was waived, passed and appreved 3-2-0 with Councilmembers McCandliss/Nader voting
no.
SUBMOTION: (Nader) to refer the agreement back to the Planning Commission. Submotion died for lack
of second.
Councilwoman McCandliss felt that when Council had approved additional densities in EastLake IIl, it was
compensation for the donation of land for the Olympic Training Center and she could not support the
Ordinance.
Mayor Cox stated the Parks and Recreation Commission had raised valid concerns and he hoped EastLake
and the Parks and Recreation staff would get together with the Parks and Recreation Commission early with
the planning process regarding facilities in the future.
Councilman Moore stated that if someone was listening for the tirst time, they would get the impression the
City was receiving the shortend. He felt the City had asked for many addition, including parks, and the City
was ahead in total park acreage and school areas. He felt there should be a better way of keeping track of
the acreage within the large developments.
Mr. Santos questioned the Council regarding the density transfer assurances and stated they had not been
discussed.
MSC (?vlalcohn/Moore) m refer the issue of density lransfer assurances back to staff for a report (does not
have to be adgendL~ed). Motion passed 4-0-1 with Councilwoman McCandliss absent_
OTHER BUSINESS
29. ORAL COMMUNICATIONS
29a. Vernon Pendergraft, One Kingswood Drive, Chula Vista, CA, addressed the death of his daughter
Pamela, He gave the Council a copy of the June 1985 agenda where he had requested Council assistance
with the traffic problems on Hilltop and Rienstra. He stated contrary to comments that had been made,
lights are one-half a mile apart and not one-tenth of a mile. He felt the area was a magnet for children with
three schools, recreation center, park, and several commercial areas. He then referred to a school crossing
program in Arizona and asked the Council what they would do, /;~/5
Jean Pendergraft, One Kingswood Drive, Chula Vista, C~ displayed a picture of Pamela and stated they had
requested a light in 1987. · She further stated the Council needed to get their priorities straight and start
thinking about the children.
Mary Haymes, 1423 Eekman, Chula Vista, CA, stated she knew there was a problem but had done nothing,
She then presented a petition she had circulated to the Council containing 1938 signature requesting action.
John Cekalski, 231 E. Olympia Street, Chula Vista, CA, stated the area is very dangerous and that the tragedy
could have been prevented.
Pam Lecure, Chula Vista, CA, stated she had seen Pamela after the accident and was unable forget the image.
When her family moved to Chula Vista in August she thought it was a City that cared, now she was not sure.
Minutes
February 6, 1990
Page 14
Lynn Sofiano, 1548 Larkhaven Drive, Chula Vista, CA, stated she was a Boardmember for the PTA and she
was there to support Pamela's parents and was speaking on behalf of her daughters and other children's
rights.
Barbara Schwendinger, 64 E. Rivera Place, Chula Vista, CA, stated something had to be done for the
children's safety.
Melinda Martinez, 122 E. Rienstra, Chula Vista, CA, stated it was time to do something to relieve the traffic
situation on Hilltop.
Mary Chilcoth, Chula Vista, CA, stated that when collecting signatures for the petition, many people did not
know the school was there. She further stated that she felt the entire crossing system in the City should be
reevaluated.
Mayor Cox stated there were no adequate words to express the Council's sorrow. He noted the Council
spends time and effort, as does the staff, to address the issues brought to them. He stated the Council had
addressed the concerns in 1987 and that the Council was precluded, by law, from taking action tonight.
He did feel that Council could give staff direction.
MSUC (Cox/Moore) to direct staff to immediately convene the Safety Comm{~sion to evaluate a traffic signal
at Rienistra Drive and Hilltop and to bring back specific recommendations to the Counc~.
Councilman Moore stated that emotions were running high and he felt Council should review this situation
in depth along with all school crossings. He felt a committee should be formed to include City staff, schools,
PTA, and parents.
Mary Haymes stated the situation between Rienstra and Orange Avenue was dangerous and she wanted an
answer now.
Mayor Cox explained the Council was precluded from taking action tonight by State law. Council had
directed staff and the Safety Commission to immediately review the traffic situation. He also questioned
whether a crosswalk would be better placed mid-block at the SDG&E easement. Due to these types of
questions, he felt it important to get valid input from staff.
Councilman Nader stated he had reread the report from two years ago and felt he bore part of the
responsibility. He stated there was no question that there had been a mistake that had not been caught.
Pedestrian safety had taken a backseat to vehicular traffic. He stated he would expect a different set of
priorities from the staff in the future. He wanted to keep the residential character and safety of pedestrians
and children a high priority.
Councilwoman McCandliss stated she hoped the Council would set a time limit on the referral of two to
three weeks maximum. The entire area should be reviewed in order to establish a more safe crossing, and
he encouraged staff to work with the PTA and police department regarding a crossing guard to ensure a
safer crossing environment. She stated staff shouldn't need direction to start.
City Manager Goss stated that trial traffic regulations involve signs at intersections and there is always a
problem in between. He expressed his concern over students still darting across the road and stated there
would be immediate action by the police department regarding enforcement,
Councilman Malcolm questioned whether this item would be on the next weeks agenda.
Minutes
February 6, 1990
Page 15
City Manager Goss stated the Public Works staff would have to ask the Safety Commission to meet and if
it was possible, it would be on the next weeks agenda.
Councilman Malcolm stated the Police Department was doing a fabulous job. He noted that maybe the
wrong decision had been made, but the blame did not rest with the Police Department.
Mayor Cox stated the intent of his motion was to immediately improve the temporary measures by increased
enforcement and possibly an interim safety guard.
Councilwoman McCanclliss stated the key was to plan for a permanent solution, but there would still be
problems in the interim. She felt there were a number of things that could be done during this time.
City Manager Goss stated that after hearing the testimony, he felt there was an even greater need for hands
on enforcement.
Mayor Cox stated the time frame should be at the outside two weeks and he would prefer next week.
Councilman Moore stated it should be placed on the agenda the next several weeks so that the Council could
address the issue.
29b. Brandy Belandes, 181 E. Orange Avenue, D-2, Chula Vista, CA, informed the Council she had been
chosen to participate in the People to People Ambassador High School Program. She stated it is a thirty-one
day trip that will cost in excess of $3,000 and asked the Council for any help they might be able to give her.
Mayor Cox stated the Council receives many requests throughout the year and Council policy precludes them
from giving contributions. He requested that she give her name again so that anyone viewing the meeting
during the television broadcast that wished to contribute, could do so.
29c. Dee Donahue, 310 Broadway, Chula Vista, CA, representing the Vegas Club stated the employees of
tha club were shocked at the action taken by the Council at their last meeting regarding cardrooms. The
previous approval of the additional 2 hours/day, Hold-em, and .2S/per hand was not what had been
requested, but they were satisfied. They did not ask for consolidation. At the last meeting, everything had
been denied except for what Mr. Hedgecock had requested. She felt Council had given him a great
advantage and requested that Council reconsider the three items. 1~SIl,.
Councilwoman McCandliss stated she had expected the ordinance back on this aganda for a second reading
and she would check with the City Attorney.
29d. Victor A. Nolan, 12 Via Barberini, Chula Vista, CA, expressed his concerns over the actions of the
Council regarding the cardrooms. He stated that if the City cared about the mom and pop operations they
should have left them as they were.
30. ITEMS pUlLED FROM THE CONSENT CALENDAR
Item 5d. Letter requesting an advisory vote on the future of the eastern territories.
Mayor Cox stated staff had recommended the letter be submitted to staff for a report back on the public
participation process that will be utilized in the development of the alternative plan to be formulated by the
City and the County through the Task Force.
City Manager Goss stated there is a public participation process going on now for the review of the Baldwin
Plan which has ongoing changes. At the same time the Task Force has requested the development of scope
Minutes
February 6, 1990
Page 16
of work so that an alternative plan could also be developed that would have a public participation process.
He suggested that in order to assess this request Council may want to take a look at what the total
participation process would be as the alternate plan unfolds in the next few months.
Tom Davis, 1567 Gotham Street, Chula Vista, CA, stated he submitted the letter in an attempt to involve the
public in land use issues. He felt in all projects currently approved are under existing land use processes.
The problem was with the basic decision on how land is used and the process in which the pubic conveys
their view to what overall use should be. The eastern territories are the last large portion of land to be
developed and he proposed that it should not be a decision process but an advisory matter on what their
voting public feels.
Mayor Cox stated the property was not in the City of Chula Vista and therefore the City had no authority
over it. The forum was put together by the land owners and the plan was still evolving. He stated Mr. Davis
could be added to the mailing list for the Interjurisdictional Task Force which meets monthly.
Mr. Davis asked the Council to consider asking the voters what their opinion is for the eastern territory.
Councilman Nader stated he was intrigued by the advisory measure and noted the decisions by the Council
regarding land use receives little or no coverage by the media. He stated there would be a problem with
lack of information regarding the development at this time.
MSUC (Malcolm/McCandliss) to bring back Mr. Davis' request somel~me dturing the EIR process.
Councilman Malcolm stated this would not be in time for the November election but there were a number
of mitigating issues that would still come up. He felt the City just did not have information now. With the
motion, Council would look at again and decide whether to proceed.
ADDIT/ON TO MOT/ON: Planning Commission and Task Force are to receive a copy of Mr. Davis' letter so
they are aware of his interest. Councilman Malcolm agreed to the addition to the motion.
Mr. Davis stated maybe the question should be whether the people of Chula Vista want the land left open
or developed.
City Manager Goss stated in addition to various public meetings and public hearings on the subject as it
evolves, there will be coming forth some type of recommendation as far as the development of the staff or
consultant plan that will also have a public information or public participation process. One question raised
is what do people think should be planned in this area. Going beyond the public meetings to survey
techniques, in terms of asking people what they want in this area, would be worthwhile to pursue and
doesn't have to wait several months.
Item 23. REPORT REGARDING THE CONSTRUCTION OF RAISED MEDIANS ON BROADWAY IN
THE CITY OF CHULA VISTA
Harriet Stone, 6566 Ridge Manor, San Diego, CA 92120, spoke in opposition to the staff recommendation.
She stated she had recently redeveloped the property on Broadway and H Streets. She expressed her
concern over the installation of the medians and felt they would stack traffic, create smog and be a negative
impact on the businesses. She supported the widening of the street but expressed her concern over losing
the ability to turn left out of the driveways.
Cliff Swanson, Deputy Director of Public Works, stated a standard pocket was 180 to 200 ft. and the 400
ft. pocket would be limited to areas with high traffic.
Minutes
Febmary 6, 1990
Page 17
Councilman Malcolm stated medians would disrupt traffic period. The Council needed to address the safety
issue.
Councilwoman McCandliss expressed her concerns over past engineering projects. She noted that property
owners were often caught unaware of changes being made that would affect them.
Counc~man Malcolm agreed and stated impacted property owners should be noticed during the process.
Mr. Swanson stated the design work had not been done on the intersection in question, but when designed,
staff could notify the property owners.
Noel Van Hook, 1210 Nile Ct., Chula Vista, CA, representing Van's Alignment and Brakes at Main Street and
Broadway, spoke in opposition to the staff recommendation. His driveway is approximately 100 ft. from the
corner and there is no sidewalk. His business services large vehicles and if a median is installed, those
vehicles would not be able to access his property. Due to their size, they are unable to make a U-turn at
the intersection and would be required to travel approximately four miles before there would be sufficient
area to U-turn. He stated there were other businesses in that area that also utilized large trucks and felt
they would be impacted. He located his business there in 1971 and has paid for many of the site
improvements and curbs himself. He is proud of his business and requested Council postpone this item for
three weeks in order to organize the businesses in his area and bring their input back to Council.
Martha Griffith, 980 Broadway, Chula Vista, CA, spoke in opposition to the staff recommendation. She felt
the median would create a dangerous situation and a hardship on the businesses. She lives in the area
which has a median and is required to make U-turns numerous times during the day. She stated she
supported the widening of Broadway but was against the medians.
Councilman Moore stated the he had requested this item be referred to the Chamber of Commerce for review
and they had submitted an alternative proposal. He felt the City may have gone to far with the continuous
median. He believed the staff had a good degree of flexibility built in and he liked the alternative of left
hand turn pockets.
MSUC (Cox/McCandliss) to accept the recommendations of the Chamber of Commerce as it relates to:
1. Vegenition height.
2. Raised medians at intersections.
3. Maintain dual left turn lanes at mid-block.
4. Broadway be widened as per staff recommendation.
5. Areas with existing medians be retained and evaluated when specific plans are developed.
6. When specific plans are available, public notice be made to all businesses on Broadway that would
be impacted and owners given an opportunity to appear before Council before approval of final
plans.
City Manager Goss stated he felt the motion was a policy direction for staff.
Councilwoman McCandliss felt the Chamber had submitted a very workable, and cheaper, alternative and
she felt it would work.
Councilman Malcolm asked Mr. Lippitt if he understood that Council was stating that medians should not
be placed at all intersections but only where needed.
Mr. Lippitt stated the project would be phased with the first phase starting bet~veen L and Naples.
Mayor Cox stated the project design should come back before Council along with the notification of owners.
Minutes
February 6, 1990
Page 18
Item 18. RESOLUTION 15503 APPROPRIATING FUNDS FROM BAY BO~ARD LIGHTING AD
MAINTENANCE DISTRICT RESERVE TO RELOCATE CHAIN-LINK FENCE ALONG BAY BOULEVARD
Councilwoman McCandliss questioned the irregularities between the staff recommendations regarding
installation of a crash barrier,
Manuel Mollindo, Director of Parks and Recreation, stated the Parks and Recreation Commission had
preferred the guardraft but that the Public Works DeparUnent had informed them it would be inappropriate.
MAYOR COX OP'I~'IdA~ED RESOLUTION 15503, which included the staff recommendation to move the fence,
reading of the text was waived, passed and approved unanimously.
31. CU'IY MANAGER'S REPORT(S)
31a. City Manager Goss stated there were no special meetings.
31b. Update on BIG( (Appropriate Technologies ll)
City Manager Goss stated Appropriate Technologies was going through a process in which the County has
determined they are going to negotiate with them regarding a lease extension. The County has asked
whether the City has any issues they would like raised during the negotiations. He noted there is a Council
Sub-Committee but wanted to know if there was any formal input to pass along.
Councilwoman McCandliss did not feel it was appropriate to give comments during the meeting. She
requested that Council give their comments to the City Manager at a later date, so the City would be
represented during the negotiations.
32. MAYOR'S REPORTfS)
32a. Request from County of San Diego for comment on formation of AB939 Task Force (Integrated
Waste Management Plan). /a~?~
MSUC (Cox/Moore) refer to staff to make appropriate comments.
33. COUNCIL COMMENTS
33a. Councilman Malcolm
Thanked Cox Cable for contacting him and providing helpful information. He requested their support in
writing to stations and providers to delete or restrict hours of adult-oriented advertisements. As of the
meeting he had not received a managerial decision regarding their involvement. He noted that Chula, Vista
Cable immediately stated they would do whatever they could to keep the advertisements out of Chula Vista.
He stated the Resolution should be changed as the cable companies do not accept these types of
advertisements, the stations they provide service to do. He requested the City Attorney to correct the
language of the Resolution to reflect this information.
Minutes
February 6, 1990
Page 19
RESOLUTION NO. 15507 URGING CABLE T~I.IWISION PROVIDERS TO AVOID ADULT-ORIENTED
ADVERTISING DURING FAMILY VIEWING HOURS /~/~
COUNCILMAN MALCOLM OFFERED RESOLIJTION 15507, reading of the rex1: was waived, passed and
approved unanimously.
Councilwoman McCandliss stated she had received a phone call expressing concern over the breakthrough
of the adult viewing channels. The cable companies can control this if the cable is hooked up through the
box, if the television is cable ready, there is a breakthrough of images and sound.
MSUC (McCandliss/Cox) to include in the Resolution the request that cable companies block the
trar~mksion or signal of the adult entertainment channels on cable ready televisions except for those
subscribing.
33b. Councilman Moore
Expressed his concern over the seeming lack of communication and information in dealing with the public.
He felt the citizens had a "right-to-know' what was going on in their government. He directed staff to return
next week with a report on how to get more information to the public and budget concepts.
ADJOURNMENT
The City Council/Redevelopment Agency adjourned to Closed Session at 9:52 p.m. to discuss:
a. Potential acquisition of properties: 4705 Otay Valley Road (Jimmie & Judi Shinohara,
owners); Parcel 644-040-40 (Walker Scott Properties/South Bay, owner); Parcel 624-040-45
(Atomic Investments, Inc., Leonard Teyssier, owner); East H Street - Paseo Del Rey and
Tierra Del Rey
ADJOURNMENT AT 10:29 P.M. to the next regular City Council meeting of February 13, 1990 at 6:00 p.m.
in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki Soderquist, Deputy Ci erk