HomeMy WebLinkAboutcc min 1990/04/17 MINUTES OF A REGULAR MEEikn/G
OF THE U'IY OF CHULA VISTA
Tuesday, April 17, 1990 Council Chambers
6:10 p.m. Public Senices Building
CAIL TO ORDER
1. ROLL CALIz
PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox
(Councilman Nader arrived at 9:30 p.m.)
ABSENT: Councilman Moore
ALSO PRESENT: City Manager, John D. Goss; Assistant City Attomey, Richard D. Rudolf;
and City Clerk, Beverly A. Authelet
2. PI.~r~GE OF AI J ~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINU'fES: March 20, March 27, April 3, and April 10, 1990
MSC (McCandliss/Cox) to approve the minutes of March 20, March 27, April 3, and Apr~ 10, 1990 as
presented. Approved 3-0-2 with Councilmen Moore/Nader absent.
4. SPECIAL ORDERS OF THE DAY:
4a. Presentation of 75th Anniversary Picture to Bonita Historical Society, accepting were Carol
Hammond, Richard and Zula Pena. Mayor Cox informed the public that the fac~ity was available for public
functions.
4b. Proclaiming the Week of April 15 through April 21, 1990 as 'FAIR HOUSING WEE~', in the City of
Chula Vista, California. Presented to Mr. Erick Money-Penny, the Fair Homing Officer for the City of Chula
Vista.
Mr. Money-Penny presented the Fair Housing Poster Awards to Andy Bates, Elina Nigre, and John Medina.
Carlos Barba, Jessica Balaes, Gabriel Liera, Lorinda and Loutydane Viado and Kelly Haubiel.
4c. Proclaiming Saturday, April 21, 1990 as 'EARTH DAY' in the City of Chula Vista, California to
Councilman Tim Nader. Mayor Cox presented the proclamation to Councilwoman McCandliss who accepted
on behalf of Councilman Nader. He then informed the public of the activities scheduled in Rohr Park on
Saturday.
4d. Presentation on Status of South Bay Light Karl Study, George Franck, San Diego Association of
Governments. Screening of numerous corridors has been completed within the last month. The screening
was done on several criteria which included: construction costs, ridership potential, operational ease and
community impacts. Four alignments have been chosen for further study. The first alignment is along
Route 54, from the existing 24th Street Station in National City, south along 805, east on Telegraph Road
and through Otay Ranch development and potentially to the second boarder crossing; the second alignment
is on State Route 125; the third alignment is east/west along Otay Mesa extending into Imperial Beach; and
the fourth alignment is on Route 54, 805 to Otay Mesa and to the second boarder crossing. Advisory
committees are scheduled to meet next week to begin review of construction costs on these alignments. The
MINUTES
April 17, 1990
Page 2
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project is on schedule and SANDAG hopes to have recommendations in a month and a half and with the
report complete in July. It is hoped that they will be able to tie into the Otay Ranch project.
Mayor Cox questioned whether there might be an east/west and 125 corridor and whether the monorail had
been discussed.
Mr. Franck stated that the corridors had been separated for discussion purposes but that there was the
possibility of both corridors. He also stated that the monorail had been discussed as a feeder and that there
had also been discussion of an expanded bus system.
CONSENT CALENDAR
(Items pulled: 7, 8, 1 O, 17)
MSC (Cox/McCandliss) to file Item 5f. Motion carried 3-O~2 with Coune~members Moore/Nader absent.
Councilman Malcolm stated he would vote for Item 9 because he knew it was the desire of the Council but
he noted that he had been against the grading deviation policy.
Councilwoman McCandliss did not believe that the staff recommendation on Item 5b. was correct and stated
she would incorporate some of Mr. Heirtrich's concerns during Council discussion on the Growth
Management Element.
BALANCE OF THE CONSENT CAI.~IqDAR OFI;'F_.~T~D BY MAYOR COX, reading of the texts was waived,
passed and approved 3-0-2 with Councilmembers Moore/Nader absent.
S, WRi't-L-m~,T COMMUNICATIONS:
5a. Resignation from the Housing Advisory Committee, M. Keyin O'Neill, 497 llth Street, Suite 6,
Imperial Beach, California. Recommended that the resignation of M. Kevin O'Neill from the Housing
Advisory Committee be accepted with regret and that a letter of appreciation be sent.
5b. Requesting re-e.vamlnation of the Citys politics regarding the restitution of the public domain, J.
D. Heinrich, 1925-103 Otay Lakes Road, Chula Vista, California. No specific action on the part of the City
Council is required and the letter is transmitted to Council as information only. 13'~77
5c. Regardingjaywalking in front of Bonita Vista High School, Manuel Hera, Principal, 751 Otay Lakes
Road, Chula Vista, California. Recommended that this matter be referred to staff and the Safety Commission
for study with a report back to the City Council.
5d. Regardingjaywalking in front of Bon/ta Vista High School, Brian Havey, President, Bonita Business
& Professional Association, P.O. Box 284, Bonita, California. Recommended that this matter be referred to
staff and the Safety Commission for study with a report back to the City Council.
5e. Requesting the Council to consider the poss~ility of a future bikeway as a parr of the 'Bay Route
B/keway around San Diego Bay', Gregory R. Cox, Chairman, Bay Route Bikeway Policy Committee, San Diego
Association of Governments. Recommended that the Committee be advised that the final design adopted
by the Cit will not preclude the addition of a path at some later date. I
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Aprfll7, 1990
Page 3
5f. liequesting an appeal of Council decision of 12/5/89 to remove a fence encroaching on Open Space,
Willie J. Horton, Jr. Recommended that the Council simply reaffh-m its December 5, 1989 action and the
fence will be removed by the end of this week.
5g. C~rn against the City, Mr. Paul Tones and Ms. Maria Tortes, c/o Gregory C. Kane, Esq., Shiffiet,
Waiters, Bailey & Kane, Attorneys at Law, 1370 India Street, San Diego, CA 92101. Recommended by the
counsel for the City, Daiey & Heft, and Risk Management, that the claim of Paul and Maria Torres for
indemnity and declaratory relief be denied. I ~f~8/
6.A. ORDINANCE 2365 AMENDING SECTIONS 19.14.050, 19.15.582, 19.60.030, 19.60.120,
19.60.240, AND 19.60.520 TO TRANSFF_~. THE FIRST LEVEL OF APPEAL FOR SIGN DESIGN ISSUES FROM
THE PLANNING COMMISSION TO THE DESIGN REVIEW COMMfl-rEE, AND ADDING CONDITIONS UNDER
WHICH NONCONFORMING SIGNS MUST BE ABATED (second readin:~) - (Director of Planning) J 5'~8.1
B. ORDINANCE 2366 A NON-CODLIqED ORDINANCE li~tATING TO AN EXTENSION OF THE
CI'IY'S NON-CONFORMING SIGN AMORTIZATION/ABATEMENT PERIOD (second reading) - (Director of
Planning) 1~8~-~
7.A. ORDINANCE2367 AMENDINGSECTIONIO.S&02OOFTHECHULAVISTAMUNICIPALCODE
INCREASING CURRENT PARKING METER FEES (first reading) - The proposed amendment to Section
10.56.020 will allow the Council to increase current meter fees. Staff recommends Council place the
ordinance on fkrSt reading. (Director of Community Development) Pulled from the Consent Calendar
B. RESOLDTION 15579 APPROV[NG THE INCREASE IN DURATION OF PARKING METERS
LOCATED IN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA AND APPROVING $4,695 TO
PURCHASE THE NEt~F-e~SARY PARKING METER EQUIPMENT - Staff recommends approval of the resolution.
(Director of Community Development) Pulled from the Consent Calendar
8. RESOLUTION 15580 APPROVING THE FINAL RECOMMENDATIONS FOR THE CIVIC CENTER
MASTER PLAN - The Final Report for the Civic Center Master Plan represents the consultant's final
recommendations to implement the preferred alternative selected by the Council on June 22, 1989. Staff
recommends re-adoption of the Negative Declaration IS-89-77, acceptance of the report, authorize staff to
allow the consultants m prepare a final colored illustrative Master Site Plan, thereby completing their
contract with the City, and take the necessary steps m acquire the adjacent parcel of land located west of
the Civic Center on "F' Street. (Deputy City Manager) Pulled from the Consent Calendar
9. RESOLUTION 15581 APPROVING APPRAISALS AND S,~I.F~q OF PROPERTIES IN OPEN SPACE
D1SI'RICT NUMBER 3 - An independent land appraiser was hired by the City to obtain the market value of
open space property deemed eligible for sale under the Citys Grading Deviation Policy, Staff recommends
approval of the appraisers report and authorize the sale of property in Open Space District #3. (Acting
Director of Parks and Recreation) /i?Sb'/o
10. RESOLUTION 15582 APPROVING A SPECIAL ACT DISTRICT AS THE PREFERRED GOVERNING
MECHANISM FOR THE SEWER SYSTEM LIPGRADE - Chula Vista, as a participant in the Governance
Advisory Group, is to review the Touche Ross Organization and Management Study for the Metro Sewer
governance, operation and management. Of three alternatives proposed in the report, staff believes that the
..
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April 17, 1990
Page 4
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Special Act District affords the most advantages for the Sen Diego region. Staff recommends approval of
the resolution. (Director of Public Works) Pulled from the Consent Calendar ]~
11. RESOLUTION 15583 APPROVING SUBIVlfi-fAL OF A SECOND YEAR GRANT REQUEST TO
OFFICE OF CRIMINAL JUSTICE PLANNING TO CONIINUE THE COMMUNITY CRIME RESISTANCE
PROGRAM (CCR) - Request to submit a Community Crime Resistence Grent to Office of Criminal Justice
Planning to provide second year funding for Geng Prevention end Graffiti Eradication Program. Staff
recommends approval of the resolution. (Director of Public Safety) '
12. . RESOLLrrION 15584 ACCEFrING PUBLIC IMPROVEMENTS, EASTLAKE I, UNIT 18 - Brehm
Communities has completed the requirements for public improvements for EastLake I, Unit 18. The
improvement agreement was approved by Council Resolution 12796 on 10/21/86. Staff recommend~
approval of the resolution. (Director of Public Works)
13. RESOLUTION 15585 ACCEPTING PUBLIC IMPROVEMENTS, EASTLAKE I, UNIT 19 - Brehm
Communities has completed the requirements for public improvements for EastLake I, Unit 19.. The
improvement agreement was approved by Council Resolution 13168 on 7/21/87. Staff recommends
approval of the resolution. (Director of Public Works)
14. RESOLUTION 15586 ACCEPTING CONTRACT WORK, TRAFFIC SIGNAL MASTER CONTROL
SYSTEM IN THE CITY OF CHULA VISTA AND APPROVING CHANGE ORDER NUMBER 1, SUPPLEMENT
NUMBER 2, CHANGE ORDER NUMBER 2, SUPPLEMENT NUMBER 1, AND AU'I~ORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXECUTE - On 2/28/89 Council awarded a contract in the mount of $780,500
(including contingencies) to MCR Electrical Contractors for the field construction portions of the traffic
signal control system project. The work is now completed. Staff recommends approval of the resolution.
(Director of Public Works)
15. RESOLUTION 15587 ORDERING THE CITY ENGINEER TO PIlEPARE AND FILE REPORTS FOR
CITY OPEN SPACE MAINTENANCE DISTRICTS FOR FY 1990-91 - In order to begin the process of levying
the annual assessment for parcels within all open space districts, the City Engineer must prepare end file
an annual report for each district. This resolution begins the process of renewal for FY 1990-91. Staff
recommends approval of the resolution. (Director of Public Works)
16. RESOLUTION 15588 APPROVING A RF2qTAL REHABILITATION PROGRAM DESCRIPTION AND
RELATED DOCUMENTS AND AUTHORIZING SUBI~IH-fAL TO HUD - Staff recommends approval 'of the
resolution. (Director of Community Development) }:3oeq3
17.A. REPORT ON ORDINANC~ REZONING ALL E,XlSI1NG MOBn ~HOMF./TI~n ~R PARKS
TO MHP ZONE - Staff recommends that Council not use rezoning as an interim measure to prevent or deiay
the closure of mobilehome/trailer parks. (Continued from 3/13/90) (Director of Community Development
and Director of Planning) Pulled from the Consent Calendar
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April 17, 1990
Page 5
B. ORDINANCE 2368 MENDING SECTION 9.40.020 AND 9.40.030 OF THE CHULA VISTA
MUNICIPAL CODE REIAT[NG TO MOBII-PHOME PARKS (first leadinE) - Staff recommends approval of the
ordinance. (Director of Community Development) Pulled from the Consent Calendar
C. ORDINANCE 2360 PROHIBITING USES IN CONFLICT WITH PROPOSED REZONING UNDER
STUDY (urEency measure) (Continued from 3/13/90) Pulled from the Consent Calendar
18. REPORT RANClIO DEL REY PARTNERSHLo REQUEST TO CONDUCT A
FUNDRAISING WALK - The Rancho del Rey Partnership is requesting permission m conduct a fundraising
walk (stride) in the Rancho del Rey development area on Sunday, April 29, 1990. Staff recommends
acceptance of the report and request subject to staff conditions. (Acting Director of Parks and Recreation)
19. ' REPORT SAN DIEGO lVlF2~AL HEALTH ASSOCIATION REQUEST TO CONDUCT A
FUND RAISING BIKE TOUR - The San Diego Mental Health Association is requesting permission to conduct
a fundraising bicycle tour through the City on Saturday, April 28, 1990. Staff recommends acceptance of
the report and request subject to staff conditions. (Acting Director of Parks and Recreation) ]~'~/~
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
20.A. PUBLIC HEARING PCC-90-25M: APPEAL OF PLANNING COMMISSIONS DENIAL OF
CONDITIONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAY EQUITIES
LTD. - Staff recommends denial of appeal PCC-90-2SM (Director of Planning) 1:~8~2
B. PUBLIC HEARING PCC-87-39M: APPEAL OF CHULA VISTA PLANNING COMMISSION'S
REVOCATION OF CONDITIONAL USE PERMIT - REQUEST FOR RV STORAGE AT 1375 BROADWAY -
BROADWAY EQUITIES LTD. - Staff recommends denial of appeal PCC-87-39M (Director of Planning)
RESOLUTION 15589 DENYING APPEAL FROM PLANNING COMMISSION REVOCATION OF
CONDITIONAL USE PERMIT PCC-87-39M AND TO DENY APPEAL OF CONDITIONAL USE PERMIT PCC-90-
25M REGARDING AN ILV. STORAGE FACILITY' AT 1483 BROADWAY - BROADWAY EQUITIES LTD.
This being the time and place as advertised, the public hearing was declared open.
Bob Leiter, Director of Planning, informed the Council that the applicant had established an RV storage lot
five years ago with obtaining a permit from the County. Staff has received complaints regarding the facility
and based on that, it was brought forward to the Planning Commission and the Council for revocation of
their Conditional Use Permit. On 7/12/88 the Council granted an 18 month Conditional Use Permit or until
a special study had been completed by the Planning Department. As part of the approval Council set certain
conditi6ns that were to have been completed. In August of 1989, the Planning Director directed staff to
begin revocation procedures as these conditions had not been met. The Planning Commission voted to
revoke the original Conditional Use Permit on 10/25/89 with a 4-2 vote. The applicant then applied for a
new Conditional Use Permit for the facility and the on 1/3/90 the Montgomery Planning Committee voted
unanimously to deny the request. The Planning Commission voted on 1/24/90 to deny the request. The
MINUTES
April 17, 1990
Page 6
applicant has now submitted appeals on both decisions. Staff is recommending denial of the appeals, if
Council does grant a new Conditional Use Permit, staff has listed several recommendations.
Councilman Malcolm stated that the applicant should be given the option of having the item heard before
a full Council. He informed the applicant that it would take a unanimous vote of the Council tonight because
there were only three members of the Counc~ present.
The representative from Broadway Equities stated he would prefer a hearing before a full Council.
MSC (Cox/McC~ndliss) to continue the item to the Council meeting of 5/1/90 at 4:00 pan.
Councilman Malcolm stated that Broadway Equities should address why they did not keep their end of the
bargain when the City did. He would like to have a letter explaining why they did not put in whatever they
had committed to and why Council should overrule their Commissions.
Councilwoman MeCandliss noted the references during the public hearings to the SDG&E fight-of-ways and
the need for clean up.
Mayor Cox clarified the fact that the usage for the SDG&E easement had not been decided but that there
was a special study being conducted with the recommendations due in approximately 18 months. He
informed the Council that the applicant would be out of town until 5/8/90 and would be unavailable for
the 5/1/90 meeting.
MSC (Cox/McCandliss) to reconsider prior motion to continue item 20 A and 20B to the meeting of 5/1/90.
Approved 3-0-2 with Coul~eilrn~nlbers Moore/Nader absent.
MSC (Cox/McC, andliss) to continue item 20A and 20B to the Council meeting of 5/8/90. Approved 3-0-2
with Councilmembers Moore/Nader absent.
21. PUBLIC HEARING CONSIDERATION OF PROHIBITION OF ON-STREET PARKING FOR THE
400 BLOCK OF *L' b'II',F. ET - The Sweetwater Union High School District and the Redevelopment Agency
are proposing to build a 17,000 sq. ft. Youth Center mid-block on 'L' Street between Fourth Avenue and
Fifth Avenue in the Chula Vista High School property. Staff recommends that Council: 1. conduct a public
hearing; 2. adopt a resolution prohibiting on-street parking for the 400 block of 'L' Street; and 3.
appropriate $2,700 from the General Fund for the required striping and sign changes. (Director of Public
Works)
RESOLUTION 15591 APPROVING PROHIBITION OF PARKING FOR THE 400 BLOCK OF
STREET AND APPROPRIATING $2,700 FROM THE UNAPPROPRIATED GENERAL FUNDS BALANCE
This being the time and place as advertised, the public hearing was declared open.
Hal Rosenberg, Traffic Engineer, stated that during the Safety Commission hearing there was no opposition
to the parking prohibition. The neighborhood was notified of the pending parking prohibition.
There being no public testimony, the public hearing was declared closed.
RESOLUTION 15591 OFFFRED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved 3-0-2 with Coune~rnembers MooreFNader absent.
MINUTES
April17, 1990
Page 7
City Manager Goss noted that the reference tO "appropriating of funds' had been deleted from the resolution.
22. PUBLIC HEARING PCA-90-07, CONSIDERATION OF THE CHULA VISTA GROWTH
MANAGEMENT F-I.~MENT, AN AMENDMENT TO THE G~ PLAN - CITY INITIATED - The Growth
Management Element is Part I of an overall Growth Management Program designed to implement a
comprehensive Public Facilities Phasing and Financing Program. Staff recommends approval of the
resolution. (Director of Planning)
RESOLLrrION 15592 APPROVING PCA-90-07 APPROVING THE GROWTH MANAGEMENT
Rt.~MENT, AN AMENDMENT TO THE GENERAL PLAN
This being the time and place as advertised, the public hearing was declared open.
Mr. Tony Lareri, Staff Consultant, stated the purpose of the hearing was ro review part one of the Growth
Management Element. Council had given direction ro staff that the Public Facilities Base Program and the
Planning and Environmental Standards were t~-be the main focus. The Growth Management Element will
fit into the City General Plan. Following this effort w~l be the Growth Management Program
Implementation. He then reviewed the action programs. It is hoped that the Phase II elements should be
completod in May or June of this year.
Councilwoman McCandliss expressed her concern over 5.1, Regional Growth Management, which endorses
the Series 7 forecasts. She questioned whether there would be a modification of the Series 7 forecasts.
Mr. Lateri stated that the Series 7 forecasts were based on the Growth Management Element. Staff will have
to work closely with SANDAG regarding the development of the system to take in the entire planning area
and not just the incorporated areas.
Bob Leirer, Director of Plarming, stated there would be an update which would result in a Series 8 forecast.
If the unplanned areas become a critical factor, staff would get policy direction from the Council as to how
to deal with those later phased areas.
Councilwoman McCandliss stated the Council had approved several plans contingent upon theil- meeting the
City Growth Management Element and this is only a small portion of the program, she wanted to be assured
that they would be required to meet the entire program and not just the element.
Mr. Leiter stated that in Section 5.2.4, the Action Program outlines how the CRy will approve plans until
the final Growth Management Program is completed. As the implementation plan is developed, it will be
applied to plans ar whatever level they may be so the Growth Management Plan can be implemented to all
projects.
Counc~woman McCandiiss questioned ff it would be possible to incorporate by reference, the phasing plans
as adopted, into the Growth Management Element of the General Plan so there would be no
misunderstanding, as conditions are placed on different plans.
Assistant City Attorney Rudolf stated that the plans that have the condition placed upon them are under the
General Plan Element and the Growth Management Program, both pieces are attached. It was his
understanding that there were no projects in the pipeline that would come to Council before the Growth
Management Program was adopted. As separate elements are adopted they will be enforced.
MINUTES
April 17, 1990
Page 8 -
Councilman Malcolm questioned whether EastLake, Great American, or McMillin were under a public
facilities finance plan and if the City was then incorporated into those plans.
Mr. Leiter stated that those plans only address the facilities that they ere required to participate in. No
specific requirements would be placed upon those at this time; The Growth Management Element calls for
the development of a phasing program. The General Plan will now call for an update of the transportation
phasing plan and an interrelated public facilities plan that will look at all the needs in the eastern territories
and in eastern Chula Vista together and may result in changing the public facilities financing plan of those
individual projects.
Councilman Malcolm stated he was trying to see if Great American would be impacted and from what he
was hearing, they would not be affected during this phas. e, but may in the future.
Mr. Leiter agreed that Councilman Malcolm was correct.
Mr. Tom Davis, 1657 Gotham Street, Chula Vista, California, f_e_lt there was an inadequacy as there were no
specific boundaries regarding water, sewer, and traffic. He stated the Council should be more definitive in
their policy statements regarding the growth management issues.
Councilman Malcolm stated these issues would be addressed in Phase II of the Growth Management Program
which will be presented to the Council in late May.
There being no further public testimony, the public hearing was deelered closed.
Councilman Malcolm stated this phase was general in nat, are and that the specifics would follow. These
elements would work through the Planning Commission and then to the Council. He questioned whether
the aging population and their needs, regerding housing and facilities, would be included in future phases.
Mr. Leiter stated the focus of the Growth Management Element was on broader issues. They did address
affordable housing in the plan. Issues dealing with various housing needs is addressed in the City's Housing
Element which is being updated. This could be worked into the program if it was the Council's desire.
Councilwoman McCandliss stated this was one piece of a total project and that the reel substance would be
in Phase II. She acknowledged a letter received by Mr. Helrtrick and requested that he be placed on a
mailing list regarding the Growth Management Program.
RESOLUTION 15592 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2
with Councilmembers Moore/Nader absent
23. PUBLIC HEARING CONSIDERATION TO VACATE A PORTION OF HILLTOP DRIVE NORTH OF
BONITA ROAD - As part of the subdivision development on the property bounded by *E" Street, Bonira Road
and Hilltop Drive, the owners have requested the City to vacate the east half of Hilltop Drive on the north
side of Bonira Road. At its meeting held on 3/27/90, Counc~ adopted Resolution 15565 setting 4/17/90
as the date for a public hearing to consider the vacation, Staff recornmands that Council hold public
hearing, adopt the resolution, and direct the City Clerk to record same. (Director of Public Works)
RESOLUT/ON 15593 ORDERING THE VACATION OF A PORTION OF HILLTOP DRIVE NORTH
OF BONITA ROAD I~0
This being the time and place as advertised, the public hearing was declered open.
MINUTES
April 17, 1990
Page 9
Mr. Cliff Swanson, City Engineer, gave a slide presentation detailing the location. He stated that the
developers had notified staff that the Sweetwater Water District and Pacific Bell, who had been in
opposition, had agreed to move their facilities, so the vacation could be allowed without an easement.
Because the City has not received this in writing staff was recommending that the reservation of the
easements be held until the next meeting. The purpose tonight would be to determine whether the City
would sell the easement back to Stafford Gardner, and if so, determine the value and return at a later date.
If it was decided not to sell, to return at a later date with information from the utilities regarding the
easement.
Councilman Malcolm expressed his concern over the cost of an appraisal exceeding the value of the property
being vacated and questioned who would benefit from the vacation. He felt staff should inform the Council
as to who would benefit and ff it was the properly owner, then there should be a fair charge for the land.
City Manager Goss stated it would appear that a letter appraisal would be appropriate. He questioned
whether there is excess open space, to the extent that could be valued, or excess public facilities, would we
want to consider a trade off ff it was something that was normally required of a subdivision, he did not feel
it would be. At that time we would try to seek value for the community.
Gouncilman Malcolm felt the entire package should have been brought before the Council for consideration.
He questioned whether the Council was being asked to vote on the vacation and if it would be brought back
on the Consent Agenda.
Assistant City Attorney Rudolf stated that staff was not asking Council to take action but to give staff an
indication whether they would consider vacation. If that is Council's desire, staff would request direction
from Council as to what conditions should be attached. The public hearing would then be continued.
Councilwoman McCandliss stated there was no public service being served by not vacating the property.
As far as a tradeoff, she considered the open space when approving the plan. She shared Councilman
Malcolm's concerns. She felt the Council should carry through with the policy that Councilman Malcolm
has worked on regarding obtaining top benefit for the City.
City Manager Goss stated that staff was prepared to bring forth the recommendations to Council at their May
8th meeting.
Rod Bradley, 1615 Murray Canyon, San Diego, California, representing BhA and Stafford Gardner, stated they
concurred with Item 1 but they did not feel this property was providing a public service at this time. He
requested that the Council not request monetary payment for the vacation. They would be improving the
public side of Hilltop with curb, gutters, and drainage at the cost of $30,000. There will be 20,000 sq. ft.
of land which will be preserved and they feel they are giving benefit to the City. They suggested that there
has been due compensation and requested that Council consider no compensation for the vacation.
Don Gardner, 2445 Fifth Avenue, Chula Vista, California, stated the eucalyptus grove would be preserved
and they will be installing a sidewalk on E Street. He stated they have given 8% of their site in order to
improve the visual quality of the City. He felt the site has paid dearly.
Councilwoman McCandliss stated she did not feel this property was crucial to their site.
Mr. Gardner stated it is now important ff only due to time and money invested.
MINUTES
April17, 1990
Page 10
MSC (MalcoLm/McCandliss) to continue the public hearing to 5/8/90 and have the Cily Manager include
in his report the irprn~ that have been done by the applicant that were not conditions of the map./Loproved
3-0-2 with Councilmelllbe~ Moore/Nader absent.
OTHER BUSINESS
24. ORAL COMMUNICATIONS
24a. Manuel L]era, 658 Landis, Chu]a Vista, Califonl]a, Principal of Bonita Vista High School, stated that
due to the development of the shopping center across the street from the high school, there has been a
problem with jaywalking. He stated that the jaywalking combined with the fast speeds, has created a real
concern over safety. ,139~ I
Mayor Cox informed Mr. Llera that this item has been referred to the Safety Commission for review. He will
be informed of the upcoming meetings.
24b. Richard A. Cook, 1679 Mills Street, Chula Vista, California, stated he has an Escrow Office within
the City. He presented a letter to the Council regarding the proposed rezoning of 236 "F" Street from CO
to R-1. He requested that the City keep the CO designation as it would best conform to the utility of the
parcel. FJ.S]~.?
Councilman Malcolm stated he had contacted the Planning Deparanent regarding this issue and had been
assured by staff that this was an error and staff would be recommending that this parcel remain commercial.
He felt Mr. Cook's problem was that ff he bought the property, he would have no assurance that he would
be able to use the building for an office. Even though the staff was recommending this change there was
no guarantee that the Council would approve it. This will not come back before Council for several months
..nd he would like to direct staff to bring this matter back as a separate item.
MSC (Malcolm/Cox) to refer back to stuff and brought back to Council as expeditiously as possible.
Approved 3-0-2 with Councilmembers Moore/Nader absent.
24c. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, informed the Council of the concept of
senior housing that he had recommended to EastLake and Baldwin. There was no opposition to his
recommendation, but the developers stated they would have to request a higher density.
Councilwoman McCandliss informed Mr. Nolan that the City did have a density ordinance for senior housing.
Mr. Nolan also recommended the establishment of a Sergeant-At-Arms for the Council meetings.
25. ITEMS pUIJ.KB FROM THE CONSENT CAI.F. NDAR
Item 17A- REPORT ON ORDINANCE REZONING ALL EXISTING MOBILFaHOME/TRAILER PARKS
TO MHP ZONE
Item 1713. ORDINANCE 2368 AMENDING SECTION 9.40.020 AND 9.40.030 OF THE CHULA VISTA
MUNICIPAL CODE i~KIATING TO MOBILEHOME PARKS (first reading)
MINUTES
April17, 1990
Page 11
Item 17C. ORDINANCE 2360 PROHIBITING USES IN CONFLICT WITH PROPOSED REZONING
UNDER ST[JDY (urgency measure)
Mr. Chris Salomone, Director of Community Development, stated this item had been continued from March
13, 1990. Minor amendments and changes have been recommended by the Mobile Home Issues Committee
and the Housing Advisory Committee. Those amendments have been reviewed by the City Attorney and are
before Council tonight. Staff is recommending that the existing ordinance is adequate protection for the
residents and that the urgency ordinance is not necessa~. The three recommendations from the Mobile
Home Issues Committee and Housing Advisory Committee are needed for clarification. The three
recommendations require the park owner m file his completed application with the Community Development
Director prior to the cessation of the use of the park, and defines the owner occupied mobile home as a
residence for six months of the year, and. defmes how the value of the purchase price of the mobile home
will be determined.
Mayor Cox felt there should be a time frame keyed in by notices going out to tenants regarding cessation
of use of the park and their rights regarding r~elocation.
Mr. Salomone stated staff would have no objection with a sixty or ninety day notification, although he did
· not feel it was necessary. Part of the application process is that the owner satisfy the City that all the
relocation requirements have been met for all of the tenants and the tenants have agreed to that in writing.
Mayor Cox felt that the notice mailed out could contain the tenants rights and possibly an outline of the
process being followed.
Assistant City Attorney Rudolf stated that changes in Section 9.40.030 (b.6) of the proposed ordinance and
the striking of the sentence and the change as currently written requires the sale m be based solely upon
the appraised value or at a price mutually agreed upon. If it can't be mutually agreed upon it must be based
upon the appraisers value and he felt the hooker was that the appraisal must be based upon the in-park in~
place valuation of the coach. There is an argument that there is going m be a different value for the coach
not in place in the park and elsewhere, assuming it can be moved and placed somewhere else, as part of
the relocation. It could be argued that the difference could be a taking, inverse condemnation following
the Hall case. No one has ever tried this and did not necessarily mean that Council should not do it, Council
should be aware that this could be an issue.
Councilman Malcolm stated the City of Santa Monica has a case that will be taken m the Supreme Court,
so there will be clarification regarding Hall.
Tom Kenny, 9971 Campo Road, Spring Valley, California, representing Lloyds Trailer Park, addressed the
issue of notice to the tenants. He had requested a definition of 'value" last November and has still not
received the definition. His application would have been submitted earlier had he received a definition,
Staff had recommended that value be the average of off-site and on-site value. He felt the wording of the
ordinances should be nailed down due to future litigation. He recommended that the Council continue this
item and let the owners go back and obtain input from the Mobile Home Issues Committee.
Councilman Malcolm stated he felt the Council should follow staffs recommendation but questioned whether
notification to only those with signed rental agreements met the requirements.
Assistant City Attorney Rudolf stated the requirement in b4 requires that the agreement satisfying the
Relocation Assistance Program, requires that low/moderate income mobile home occupants be offered a
certain amount of money.
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April 17, 1990
Page 12
Councilman Malcolm asked Mr. Kinney if this was his main concern. He questioned whether staff would
have a problem with Council adopting this item and addressing his concern at a later date through an
amendment.
Mr. Leiter stated staff would not be opposed to that action.
Councilman Malcolm stated #6 should be based on in-park value and felt there had to be an exception to
the rule if someone is paying below market rent. He questioned if this would meet legal requirements if
stated: it should be in-place value of the coach at fair market rents.
Assistant City Attorney Rudolf stated the courts separate out the property value from the difference of the
rental value, they are not necessarily straight across and .he was still uncomfortable w/th it.
Councilwoman McCandliss stated the problem was that the person needed to relocated and if the coach was
dilapidated, there was still value as their home.
Victor/L Nolan, 12 Via Barbarini, Chula Vista, California, member of the Mobile Home Issues Committee
stated that Mr. Kinney's proposal on averaging in-park and out~of-park was never agreed upon. The item
was continued until a later date. He felt this should be sent backto separate the issues of property value
versus relocation concept. He also stated that an initial filing of closure should be made.
Mary-Frances Click, 1100 Industrial Boulevard, Chula Vista, California, stated she wanted to clarify several
issues of the Hall decision and stated it did not pertain to conversions but to rent control. She felt the City
ordinance was mild in comparison to others in the state. The money involved was very minor and
requirements were minimal. She did not feel the ordinance would ever govern mobile home parks but that
it would work well for trailer parks, if it was allowed to work.
' stant City Attorney Rudolf stated that the ordinance does require that the park owner submit notification
:.. days prior to the submittal of application and that the notice must meet the requirements of the
Community Development Director. The issue of notifying tenants of their rights under ordinance could be
adminis~atively set.
Mayor Cox suggested that this be referred to the Mobile Home Issues Committee for review and input and
be brought back to the Council as soon as possible.
Councilman Malcolm felt Council should adopt the ordinance due to other changes included. He felt the
requirement regarding noticing and owner obligation should be brought back as an amendment.
ORDINANCE 2368 PLACED ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was
waived.
Councilwoman McCandliss stated that if the Council had a problem understanding the ordinance, it would
be difficult to expect owners and tenants to understand the ordinance. She felt a brochure was needed
explaining this issue.
Mayor Cox stated he could support part of the motion and recommended that Council take action on
paragraph E of 9.40.020 and paragraph A of 9.40.030. He would then refer Item 6 back to the Mobile Home
Issues Committee.
COUNCILMAN MALCOLM AGRF-EI') TO THE MODIFICATION TO THE ORDINANCE, approved 3-0-2 with
Councilmembers Moore/Nader absent.
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April l7, 1990
Page 13
MSC (Cox/Malcolm) balance of the 'other recommended changes are to be rderred back to the Mobile Home
Issues Commlrtee, these are to include whether there should be pro]irnlrlary notification, time under F,
profile of the tenants requirement, whether there should be an update of the ma~l'~mlllIl dollar mount.
Approved 3-O-2 with Councilmembers Moore/Nader absent.
Item 7t ORDINANCE 2367 AMF_NDING SECTION 10~6.020 OF THE CHULA VISTA MUNICIPAL
CODE INCREASING CURRENT PARKING M~-IER ~ (first readinz)
Item 7B. RESOLUTION 15579 APPROVING THE INCREASE IN DURATION OF PARKING METERS
LOCATED IN THE TOWN CENTRE I REDEVELOPMENY PROJECT AREA AND APPROVING $4,695 TO
PURCHASE THE NECESSARY PAP, KING M~t I~R EQUIPMENT
Councilwoman McCandiiss stated she did not have a problem, on a trial basis, of raising the parking rates
but she felt there should be notification to the public, visible from the street, so they can choose where to
park. She would like to see the City implement a decal or something that will let them know that other
parking lots are available at a lower parking fee.
Mayor Cox stated there had been a referral to staff and to the Town Centre Project Area Cornmittee to review
the issue of notLfication for the public.
Mr. Salomone stated they have been working on the labels and signage to be aKached to the poles.
ORDINANCE ?_.367 PLACED ON FIRST READING, RESOLUTION 15579 O~'F~F.D BY COUNCILWOMAN
MCCANDLISS, reading of the text was waived passed and approved 3-0-2 with Councilmembers
Moore/Nader absent.
Item & RESOLUTION 15580 APPROVING THE FINAL RECOMMENDATIONS FOR THE CIVIC
CENTERMAb'FF~PLAN
Mayor Cox stated that under Concept there is a reference to "the City of Chula Vista has decided to retain
the existing Civic Center as a major anchor of its historic downtown corridor area rather than to pursue
relocating major service further to the east to reflect population growth east of Interstate 15" and stated it
should be Interstate 805. Page 9 under Central Courtyard the word 'height" is misspelled, Page 14 the
verbiage on the bottom of the page 'City Hall Annex' - Building and Housing will not be in the Annex, and
the Master Plan map indicates that the existing Council and Mayor's office is the same size as they are now
and he understood that they would be expanded.
Deputy City Managers Krempl stated the Mayor was correct and added that the Finance Department should
also be shown in the Public Services Building. He stated there will also be minor square footage changes
which would result in lower costs.
Councilman Nader arrived at 9:30 p.m.
RESOLUTION 15580 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved 4-0-1 with Councilman Moore absent.
Item 10. RESOLUTION 15582 APPROVING A SPECIAL ACT DISTRICT AS THE PREFERRED
GOVERNING MECHANISM FOR THE SEWER SYb-I-EM LIPGRADE
MIND"I~S
April 17, 1990
Page 24
)
Councilwoman McCandliss stated that she wanted to make it very clear that if Council adopts a special act
district that it does not foreclose any alternatives Council may have, at a later time, as to whether or not
they participate or the funding method that might be used.
City Manager Goss stated that the City is probably two-four weeks away from getting a final report from the
City's engineering consultant. It gives the city a range of options from going on its own, owning its own
sewage system, to staying in the metro system, but having a better idea as to what our costs would be in
continuing membership. The Governing Board is creating a different structure in order to obtain more input
from the member agencies. The study should not have any impact on the governance issue. If it is decided
that the City should stay in Metro, this would allow the City more input.
Councilwoman McCandiiss questioned the structure of a special act district and the control or limitation of
financing for the improvements.
City Manager Goss stated that he believed the special act district is tailor made through state legislation to
fit the needs of the entity that it is trying to create and that financing is enhanced because of this.
Bill Buffer, Clean Water Program, stated that is the reason for recommending the special act district, as it
provides the most flexible financing structure and lowest cost financing. It is the best alternative for
financing the program on a long term basis. The next step in the process, assuming unanimous approval
is obtained by the agencies, is to discuss the issues of powers to be assigned to the district. This could
include taxing powers.
City Manager Goss stated that Councilman Moore wanted Council to know where the Governance Advisory
Committee was. The three alternatives were: 1) modification to the existing metro system, 2) County
sanitation district, and 3) special act district The GAG decided that as a general policy decision they would
go with the special act district.
Councilman Nader stated he shared Councilwoman McCandliss' concern and that he had talked to the
Assistant City Attorney regarding the adoption of the resolution and believed that those limitations would
not be placed upon Council if the resolution were adopted.
Assistant City Attorney Rudolf stated that was his opinion.
RESOLUTION 15582 O~ BY COUNCILWOMAN MCCANDLISS, reading of the text was waived, passed
and approved 4-0-1 with Councilman Moore absent
26. CITY MANAGER~S REPORTf S)
a. Introduced the new Deputy Director of Building and Housing, Mr. Brad Remp.
27. MAYOR'S REPORTfS)
a. Attended the Board of Supervisors meeting regarding the South County Detention Facility as directed
by Council. The Board of Supervisors did appropriate additional funds for security items. The funding
source for the improvements is from the bond proceeds from the original bond issue for the facility. He felt
there would have to be action by the Redevelopment Agency as soon as possible regarding these funds.
MINUTES
April 17, 1990
Page 15
b. Complimented Mr. Lippitt, the Public Works Depana-nent and the Contractor on the installation of
the traffic signal on Hilltop for their expeditious handling of the project.
c. Complimented Councilman Nader and his staff for the time they have put forth on the Earth Day
celebration.
d. Introduced the reporter for the San Diego Union, Mr. Elliott Smith.
28. COUNCIL COMMENTS
a. Councilman Nader:
Requested that SB 2572 be placed under his comments for the next agenda and requested that the
Legislative Committee review before then.
Announced the plans for 'Earth Day' it Rohr Park from 11:00 a.m. to 4:00 p.m. on Saturday.
b. Councilman Malcolm:
Stated that Ruth Fritsch, Assistant City Attorney, recently won a lawsuit where the City was shed
and fraud was alleged against Councilman Malcolm. The judge found that it was a frivolous case and was
flied in bad faith. As far as he know, it is the first time an elected official, through a city has been able to
win an attomey~s fees case, and he conend her for winning back approximately $60,000 for the city.
ADJOURNMENT
The City Council/Redevelopment Agency adjourned to a closed session at 9:50 p.m. to discuss:
Potential acquisition of property pursuant to Government Code Section 54956.8 located at: 186
Broadway (Ralph & Margaret Fogerty); 798 F Street (Rados Bros., a general partnership)
Potential disposition of property pursuant to Government Code Section 54956.8: 321, 327, and 329
H Street (Redevelopmerit Agency of the City of Chula Vista, owner)
Potential acquisition of properties pursuant to Government Code Section 54956.8 - 760 Broadway
(Glen E. Fuller, Trust, owner); 801 E. Broadway (Trayis A. & Margaret L. Reneau, David D. &
Christina L. Ordway, owners)
Potential acquisition of properties pursuant to Government Code Section 54956.8 - 4750 Otay Valley
Road (Jimmie & Judi Shinohara, owners)
Pending Litigation pursuant to Government Code 54956.9: Wisconsin Mortgage Assurance
Corporation versus First Interstate Bank
Personnel matters pursuant to Government Code Section 54957.6.
ADJOURNMENT AT 10:41 P.M. to the Regular City Council Meeting on April 24, 1990 at 6:00 p.m. in the
City Council Chambers.
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April 17, 1990
Page 16
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: Vicki Soderquist, Deputy ~i~lerk