HomeMy WebLinkAboutcc min 1990/05/22 MINUTES OF A REGULAR MEETING
OF THE CITY OF CHULA VISTA
Tuesday, May 22, 1990 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Counc~members Malcolm, McCandliss, Moore, Nader, and Mayor Cox
(Councilman Malcolm left the meeting at 7:00 p.m. and returned at 9:30
p.m.)
ALSO PRESENT: John D. Goss, City Manager; Richard Rudolf, Assistant City Attorney; Bruce
M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk
2. pI1~I'~GE OF .AIJ-F-GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINLrrES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation - procl~iming Wednesday, May 23, 1990 as *STUDENT GOVERNMENY DAY= in the
City ofChula V'Bta, California. Mayor Cox introduced the five student participants - Le~ani Adriasola, Donna
D'Allesandro, Joe W~liams, Drew McGillivary, and Cynthia Monreal.
b. Presentation of the America's Cup by Thomas Ehman and consideration of a resolution in support
thereof. , ,~' ~
MAYOR COX OP'I'~RF_.D RESOLUTION 15643, in support of the publiC/ptlvate partnership with the San
Diego Port Authority for the America's Cup, approved unanimously.
c. Oath of Office for the Youth Commissioners ~ Oath of Office administered by City Clerk Authelet to
Nancy Reiko Yamada, Tara Williams, Joel Kodicek, Heather Carranza, and Allison Du Rette.
CONSENT CAI,~-NDAR
Citems pulled: 18, 19, 19-1)
Councilmen Malcolm and Nader stated they would abstain from voting on Item #10 due to ownership of
properly in the City of Chula Vista.
BALANCE OF CONSENT CAI~.NDAR OI.-I.-Idd~ED BY COUNCILMAN MOORE, reading of the texn was waived,
passed and apprnved unanimously.
5. WRI l l,'~N COMMUNICATIONS:
a. Requesting a change in the Chula Vista Municipal Code Section 10.52.430, which would allow more
than one motorcycle to park per automobile parking space. James H. Gregory, Chairman of the Board,
America Brotherhood Aimed Toward Education (A.B.A.T.E.), P. O. Box 65, MCRD, San Diego, California
92140. Recommended that this request be referred to staff and the Downtown Business Association.
/,~ ~t~
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Page 2
May 22, 1990
b. Resignation from the Board of Appeals - Louis Lo Cicero, 494 Locdel Court, Chula Vista, Califomia
92011. Recommended that the resignation be accepted with regret and a letter of appreciation be sent.
'
6.A. RESOLUTION 15624 APPROVING AGR~M~N1S WTI'H MUNICIPAL FINANCE ADMINISTRATION,
WU.I.DAN ASSOCIATES, KADIEJENSEN, JOHNSON AND BODNAR AND BROVVN, HAP, PER BURN AND
~Ct-II~ FOR SPECIAL ASSESSMENT SERV]CF_~ ASSOCIATED WITH EASTLAKE IH (GBRRNS AND
OLYMPIC TRAINING CENTER) PUBLIC FACILITIES IMPROVEMENTS - The EastLake Development Company
has requested the City to initiate proceedings under the State 1913/15 Acts or the Community Facilities Act
of 1982 to finance the improvements of the public facilities associated with EastLake IIl development. Staff
recommends approval of the resolution. (Direcwr of Public Works)
B. RESOLUTION 15625 APPROVING A REIMBURSEMENY AGRF. F. MENT BETWEEN THE ~I'IY OF
CHULA VISYA AND THE FASTIAKE DEVELOPMENT COMPANY FOR ALL INITIAL CONSULTING AND
ADMINISfRATIVE COSTS AND EXPENSES FOR EASTLAKE IIl PUBLIC IMPROVEMENTS - Eas~Lake
Development Company has signed an agreement providing for the advance of funds to pay for all initial
consulting, City administration, and appraisal expenses relating to the formation of a public financing district
subject to reimbursement by the City. Staff recommends approval of the resolution, (Director of Public
Works)
7. RESOLUTION 15626 APPROVING ENCROACHMENT PERMIT NUMBER PE-203 FOR TWO
MONUMENT SIGNS IN OPEN SPACE LOTS AT EAST *H* STREET AND REGULO PLACE IN MARBRISAS
SUBDM SION - The developers of Marbrisas in Rancho del Rey desire to place monument signs at the main
entrance road to the subdivision. The signs are proposed to be placed on the two corners of the "T" )
intersection of Regulo Place and East "H" Street. Staff recommends approval of the resolution. (Director -
of Public Works)
8.A. RESOLUTION 15627 APPROVING AGB~MENTS WITH THOMAS O. MEADE, WIIJ.r~AN
ASSOCIATES, BROW"N AND HARPE, AND KADIE-JF, NSEN AND JOHNSON FOR SPECIAL ASSESSMENT
SERV]t'.'F_q ASS(X]ATED WTrH OTAY VAI.I.~Y ROAD (I-8053 TO EASTERN CITY LIMITS) AND OTAY RIO
BUSINESS PARK PUBLIC IMPROVEMENTS - The Redevelopmerit Agency and the developer of Otay Rio
Business Park are attempting to finance that public improvements for Otay Valley Road from 1-805 to the
eastern City limits and within the Otay Rio Business Park through the assessment process. Therefore, the
City needs to hire an assessment team, enter into an reimbursement agreement with Chillingworth
Corporation, and appropriate the funds to hire the assessment team. Staff recommends approval of the
resolutions and authorize the appropriation of $11,250 from the General Fund. (Director of Public Works
and Director of Community Developmen0
B. RESOLUTION 15628 APPROVING A REIMBURSEMENT AGRF~MENT BETWEEN THE CITY OF
CHULA VISTA AND THE CHILLINGVVORTH CORPORATION FOR ALL INITIAL CONSULTING AND
ADMINIS-YKATIVE COSTS AND EXPENSES FOR OTAY RIO BUSINESS PARK PUBLIC IMPROVEMENTS
C. RESOLUTION 15629 APPROPRIATING FUNDS FOR OTAY VAI .I .E':Y ROAD PHASE II CNIRVANA
AVENUE TO F_,A~iERN cl-lY LIMITS) FEASIBILITY/FINANCING STUDY
9. RESOLUTION 15630 AUTHORIZING THE CITY'S PARTICIPATION AS AIVHCUS CURIAE IN THE
CASE OF CALIFORNIA FEDERAL SAVINGS AI~ LOAN ASSOCIATION VERSUS CITY OF LOS ANG~-L~-q - )
Approval will authorize the City of Chula Vista's name to appear on the amicus brief in support of the City
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Page 3
May22, 1990
of Los Angeles' charter city taxing power. Success before the California Supreme Court will clarify our ability
to impose business license taxes on savings and loans located in the City. Staff recommends approval of the
resolution. (Assistant City Attorney)
10. RESOLUTION 15631 DESIGNATING AN EXPANDED RF2)EVELOPMENT SURVEY AREA FOR
SllJDY PURPOSES PURSUANT TO PART ONE OF DMSION TWENTY-FODR OF THE HEALTH AND SAFETY
CODE - Authorization will expand survey area to include areas identified for redevelopment in the
Montgomery community. Staff recommends approval of the resolution. (Director of Community
Development) Counnqmo~ Malcolm and Nader abstained from voting. /q7~',5
11. RESOLUTION 15632 ACCEFFING AN EASEMENT FROM HOMART DEVELOPMENT FOR THE
CHULA VISTA CENTER BUS TRANSIT CENTER - In conjunction with the approval of the Homart
Development Project to expand the Chula Vista Shopping Center, the Redevelopmerit Agency agreed to
design and construct a bus shelter on the south side of "H" Street, east of Broadway. The Council is
requested to accept the easement from Homart to accommodate the shelter. Staff recommends approval of
the resolution. (Director of Community Development)
12. RESOLUTION 1S633 AUTHORIZING SUBMITFAL OF A GRANT TO CONDUCT THE SUMMER
CI-IIIJ~REN'S NUTRITION PROGRAM - The Parks and Recreation Deparmlent has met with the US
Department of Agriculture to discuss the possibility of providing a Summer Children's Nutrition Program at
four eligible sites during the upcoming summer months. The Nutrition Program provides meals to
economically deprived children in the community during the summer when the regular school programs are
not in operation. Staff recommends approval of the resolution and authorize the Department of Agriculture
to assist in conducting the bid process for the preparation of meals. (Acting Director of Parks and
Recreation)
13. RESOLUTION 15634 APPROPRIATING FUNDS FOR PUBLIC SAF~'iY COMMUNICATIONS
CONSOIJ~_q AND RELATED EQUIPMENT - Approval of the resolution will award the contract to Durham
Communications Inc. to supply and install communications equipment and appropriate $196,660 loan from
the unappropriated General Fund. Staff recommends approval of the resolution. (Director of Public Safety)
14. RESOLUTION 15635 AUTHORIZING EXPENDITURE OF FUNDS FROM THE COUN(]L
CONTINGENCY FUND - When the City Attorney was hired, the City Council authorized the expenditure of
up to $10,000 for a computer system. This resolution approves that expenditure and authorizes the
expenditure of $9,940 from the Council Contingency Fund. Staff recommends approval of the resolution.
(Budget Officer)
15. RESOLUTION 15636 APPROVING REVISED CONGEPT FOR MTDB RIGHT-OF-WAY
BEAUTIFICATION AT THE *E* b'I KEET AND *H' STREET INTERSECTIONS -Purpose of latest effort was to
evaluate existing conditions at 'E" and 'H" Streets, develop schematic beautification plans, analyze costs and
discuss available funding. This has been completed by the Civfs landscape consultant on this project, ONA,
Inc. Staff recommends approval of the resolution. (Deputy City Manager and Director of Planning)
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May 22, 1990
16. REPORT REGARDING VARIOUS PROPOSED RECYCLING PROJECTS IN THE (2'IT
OF CHULA VISTA - Repor~ is on status of various proposed recycling projects, particularly as they relate to
the Count~s funding cycle for technical assistance grants. Staff recommends Council accept the report.
(Principal Management Assistant) '/'Y ~/~ .~
A. RESOLUTION 15637 SUPPORTINGLAIDLAWWASTESYSTF2v~,INC. GRANTAPPLICATIONFOR
SAN DIEGO COUNTY'S RECYCLING TECHNICAL ~.SSISTANCE PROGRAM - Grant proposal by Laidlaw Waste
Systems, Inc. for capital equipment to be used in the expansion of the residential curbside program. Staff
recommends approval of the resolution.
B. RESOLUTION 1S~38 AUTHORIZING A GRANT APPLICATION FOR SAN DIEGO CO~
RECYCLING TECHNICAL ASSISTANCE PROGRAM - Grant proposal by the City of Chula Vista is for start-up
costs for a model office recycling and public education program in the commercial sector. Staffrecommends
approval of the resolution. )q ~,~
17. REPORT FEASIBILITY OF IMPLEMENTING A HOUSEHOLD HAZARDOUS WASTE
COH~ETION PROGRAM IN CI-IULA VISTA - Staff recommends that Chula Vista not implement this
Collection Program but continue to educate citizens on the collection facility in Chula Vista. It is further
recommended that the City work with San Diego County and South Bay cities to develop a regional
collection site. [Director of Public Safety)
18, REPORT MAIATHlONSPRAYING-lnformationregardingthesocial, legal, safetyand
health aspects of malathion spraying. (Director of Community Development and City Attorney) Pulled from "'
Consent Calendar J q ~ b 5 )
MSUC (Malcolm/McCandliss) direct Mayor to write a letter to the State of Califorrda, urging lhem to take
corrective measures to insure the reduetion of malathion spraying throughout the County of San Diego.
Councilwoman McCandliss stated one of the main issues was aerial spraying. A preventative program should
be implemented, with ground spraying to be utilized as the last measure.
Councilman Nader wanted to amend the motion, to have the City specifically write to the Governor and the
members of the legislature. The letter to the Governor should include the proposed motion. The letter to
the legislature should support the position of the Ci~/of E1 Cajon, and state the City feels the involuntary
spraying of cities is not an appropriate method of pest control. It should also request the State amend the
process of how a state-of-emergency is declared.
Councilman Malcolm stated he was trying to t~ke a pro-active stand in protecting the Southbay area. He
did not want the letter to include other issues.
MSUC (Nader/Cox) write a letter to the Governor expressing suppor~ for the position taken by the City of
E1 Cajon, and the City's view that involuntary spraying of a residential city is inappropriate. A letter is also
to be sent to the legislature, requesting legislation to change the process of declaring a state-of-emergency
which allows aerial spraying, to require independent review.
19. RESOLUTION 15639 APPROVING A TOLLING AGREEMENT WITH JONES IICABLE - Staff
recommends approval of the resolution. (City Attorney and Deputy City Manager) Pulled from Consent )
Calendar / '~b b
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May 22, 1990
Crhe City Council may go into closed session per Government Section 54956.8)
MSUC (Cox/McCandliss) to go into dosed session at 6:50 p.m. to discuss Resolution 15639 (Item 19) and
Resolution 15642 (Item 19-1). Meeting reconvened at 7:25 p.m.
RESOLUTION 15639 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1,
with Coune~man Malcolm absent. Paragraph 4 is to be mended to read, 't_he encroachment permils will
only be issued to currently unpaved sireels'.
19-1. RESOLUTION 15642 APPROVING AGREEMENT WITH RANCHO DFL SUP, FOR ACQUISITION
OF A CORPORATION YARD SITE - Staff recommends approval of the resolution. (City Attorney) Pulled from
Consent Calendar I~ ?& 7
RESOLUTION 15642 OFFI&qEI) BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1,
with Counc~rnan Malcolm absent.
* * END OF CONSENT CALENDAR * *
PUBLIC HFd%RINGS AND REId~TED RESOLUTIONS AND ORDINANCES
20. PUBLIC HEARING PCS-90-OT, PCM-90-OI: CONSIDERATIONOFA~ATIVESUBDMSION
MAP KNOWN AS CHULA VISTA TRACT 90-07, AND COMMUNITY DESIGN GUIDRI .INES, FOR THE SUNBOW
' H PROJECT, LOCATED SOUTH OF TRI.I~GRAPH CANYON ROAD, ADJACENT TO THE CHULA VISTA
MEDICAL CENTER, EAST OF GREG ROGERS PARK - Tentative subdivision map known as Chula Vista Tract
90-07, Sunbow II subdivides 602 acres into 1,163 parcels for residential, commercial, commercial recreation,
industrial park, elementary school and open space. The Sunbow II Community Design Guidelines will guide
future design plans. Staff recommends approval of the resolution. (Director of Planning) F'/?~ ~
This being the time and place as advertised, the public hearing was declared open.
Manuel Nunes, City Consultant for the project, gave an oral presentation.
Councilwoman McCandliss questioned where development of the park was in the phasing of the project.
Mr. Nunes stated Gregg Rogers Park was in the first phase. The developer has helped the City develop the
master plan for the park and has donated $100,000 for the improvements. In addition, under conditions
tonight, the developer will have to replant and make good all those areas disturbed adjacent to the Boy's
and Girl's Club and Gregg Rogers Park. The neighborhood park, in the center of the development, is
included in the second phase. Mr. Nunes estimated build-out of the project at five to seven years.
Mr. Leiter stated all projects within the City could be impacted by the Growth Management Phasing Plan.
The build-out estimated by Mr. Nunes is by the developer, not the City.
Councilman Nader questioned whether non-drought resistant, non-native plant material would be allowed
in the landscaping.
Ken Lee, Principal Planner, stated the City landscape architect would work with the developer to come up
with a format. At this point, there is no guarantee they would be using entirely drought resistant plant
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May 22, 1990
)
materials. It will depend on the availability and design of the given areas. The policy is to emphasize the
use of drought tolerant plants, but it is not his understanding that 100% drought tolerant plants must be
used.
Nick DeLorenzo, G~lespie/DeLorenzo, Landscape Architect for the Sunbow Project, replied the project will
emphasize the utilization of drought tolerant plants. These will be utilized on slopes and graded areas but
small areas and street trees might not fall into that specific category.
Mr. Nunes stated the developer will have to submit a water management plan, which utilizes reclaimed
water for all landscaping in the Sunbow II project.
Councilman Nader stated it was his intent, in asking for a policies on drought resistant native plant material
and on reclaimed water use, not to merely emphasize it be used if affordable but to conserve water. He
would like to look at making it a requirement.
Tim Kruer, 2445 5th Avenue, Fourth Floor, San Diego, California 92101, representing the Rancho del Sur
Parmership, asked for Council approval of the tentative map. He then gave a brief slide presentation of the
project. The park and recreation areas will be done prior to any development in area fourteen, of phase two.
They will work very closely with staff and Council to develop a landscaping plan that is acceptable to both.
He expressed his concern over a requirement of all drought resistant plants. He felt street trees should be
carefully reviewed due to roots, clean-up, canopies, etc. They are intending to utilize reclaimed water as
soon as it's available from Otay Water District. Until that time, it would be a hardship on the project,
Councilman Nader questioned whether they accepted condition #87, referring to the growth management
program. ,)
Mr. Kruer stated they agreed to the condition.
Tom Davis, 1657 Gotham Street, Chula Vista, California 92013, spoke in opposition to the staff
recommendations. He felt it was important to consider the areas outside of the boundaries in reference to
water, sewer, and traffic.
Mr. Nunes stated most of Mr. Davis' concerns were addressed in the public hearing portion of the EIR, at
the General Development Plan stage. The developer will have to widen Telegraph Canyon Road to a six-lane
prime arterial from Oleander to the eastern SPA boundary in phase IA.
City Manager Goss stated the City is currently utilizing one million gallons of sewer capacity with twelve
million gallons available. He noted there is a substantial amount of excess sewer capacity.
Mr. Swanson informed Council that the City has contacted CalTrans regarding the study process for
widening of on-ramps and bridges across the freeway for Orange Avenue and 1-805. CalTrans has also been
asked to look at the studies for signalization. Since these interchanges are under the control of CalTrans,
they will not allow the City install a temporary or permanent signal unless their criteria is met. This could
mean the City will have to do extensive work (widening of the entire interchange).
Mike Meszaros, 14Z15 Laurel Avenue, Chula Vista, California 92011, referred to Unit 2 on Laurel Avenue and
stated there was an operational water line (Otay Water District) and was told by the engineer that it would
be foolish to dig it up. He would also like to see a larger green belt on the west side of tlnit 2. He
understood the City was up to sewer capacity but heard the City Manger say there was excess ava~able.
He stated he was going to make a stand: don't do any more development, issue any more water meters or )
building permits until we have the water to handle more development. ,
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May 22, 1990
Mr. Kruer responded the waterline that is existing is a backup waterline. One of the conditions of approval
required them to move the line if required by Otay Water District, at a cost of approximately $200,000. The
project will be one of the keystones to the eastern territory; $17 million is being required in off-site
improvements which does nor include the contribution required to the $23 million water storage tank. They
are also being required to put in four-lanes on Orange Avenue from Medical Center to the west, and they
have agreed with the City engineering staff to put in five-lanes. Another requirement was to improve the
sewer not only for their project, but also for Otay Ranch and the EastLake projects. There have been three
community meetings with Laurel and Foxhill residents, and they will continue to meet and work with them.
There being no further public testimony, the public hearing was declared closed.
Councilwoman McCandliss referred to Condition #87 which references the Growth Management Program
and questioned whether it was adequate.
Assistant City Attorney Rudolf stated the only difference from the condition and the historical procedure is,
this is a notice; before it was a condition. It was staffs opinion that it was an agreement, and he expressed
concern over the historical procedure being legally binding in the future. He felt this was clearly legal,and
as far as the City can go in requiring it in this form, Condition #9 deals with Counc~woman McCandliss'
concerns.
Councilman Nader questioned whether Condition #9 dealt only with traffic and transportation.
Assistant City Attorney Rudolf stated 9,A,2 was for public utilities and senriees which would include all of
the City's threshold standards. If the threshold was changed, it would also be binding.
Councilman Nader wanted to state, for the record, that the City and Mr. Kruer agreed regarding Condition
#87, that the implementation plan will be applied to the tentative map, If he votes for the tentative map
it is with the understanding that there will be a condition placed on the tentative and any final maps. If
challenged and overturned, it would then overturn his actions on this item.
Bruce Boogaard, City Attorney, stated Condition #87, is on the tentative map now. He requested that Mr.
Leiter clarify any proposed interpretation that might be imposed on Condition #87.
Mr. Leiter stated Assistant City Attorney Rudolf had expressed an opinion similar to his. There is a question,
whether the condition can go beyond one of disclosure of the City's intent to adopt a Growth Management
Plan and actually bind the project to certain types of restrictions,
City Attorney Boogaard stated it was the consensus of staff that the language could remain as is. In order
to address Councilman Nader's concerns, staff needed to draft a transportation phasing programs and related
growth management implementation program and is to be returned with growth management elements, to
be triggered on the basis of building permits. It is anticipated that staff could return to Council within
ninety days.
Councilwoman MeCandliss recommended Condition #87 be modified to state (in the second sentence), "the
development of property included in the final map will be subject to the provisions of these programs".
RESOLUTION 1S640 Oi-I, tkRF_.D BY MAYOR COX, reading of the text was waived, passed and approved 4-O-1,
with Councilman Malcolm absent.
MS (McCandliss/Moore) amend Condition #87, delete the words, 'the City intends that'.
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May :22, 1990
City Attorney Booguard informed Council that Mr. Kruer had agreed upon Conditions #1 through #89, as
stipulated. He questioned whether they would agree to the amendment and whether they deemed Condition
#3, the Corporation Yard Option Agreement, would be met by this amendment.
5ira Dawe, 3003 Fourth Avenue, San Diego, California, representing the developer, stated their concern was
over being picked out and treated differently. Whatever the Growth Management program is, they are
willing to go alonE with. He expressed concern that the wording, could later be interpreted to change that.
Councilwoman McCandliss responded that by leaving the word 'intents, it sounded more tentative, the
amendment clearly represents what the City will be doing when they adopt the plans. She did not want to
lead anyone into a different interpretation with the amendment.
City Attorney Booguard stated the language constitutes a more meaningful disclosure notice to subsequent
purchasers of the properly. Each subsequent tentative tract map will have to be deliberated upon, in the
unfettered discretion by the Council, at the time it is before them.
Mr. Dawe stated Condition #9, was placed on the project under the thresholds and questioned what the
amendment would do to modify the condition.
Councfiwoman McCandliss stated it did not mean more, but she felt it was more clear and direct than the
original language.
City Manager Goss stated it was a matter of clarification. The first and second sentences say 'intends' and
the amendment is an attempt to make it clearer.
Mr. Dawe stated it was acceptable as long as the record was clear that this project would not be treated
differently than any other.
VOTE ON MOTION: approved 4-O-1 with Councilman Malcolm absent,
MS (Nader/McCandliss) amend Condition #70,(third to the last sentence) to state, 'the landscaping format
within the project shall use native drought-resistant plant material wherever possible'.
Councilman Nader stated he wanted these condkions placed on every project approved within the City. He
was not trying to single out this project for any adverse rules.
Mr. Dawe questioned if this was pan of the ordinance or was it a condition that would be placed on
Assistant City Attorney l~udolf stated the condition is contained in policy 476-04 which unfortunately, is two
paragraphs inserted into the existing provisions of the City's Landscaping Manual and does not render itself
to easy encapsulafion.
City Manager Goss felt the applicant would like something that was clear cut and more precise than what
appears in the policy.
Mr. Dawe stated he understood the intent of the change was to continue to work with the landscape
architect and wherever possible they would use native and drought resistant plant material. He stated this
would be acceptable as long as it was on the record that the project would not be treated any differenfiy
than any other project.
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Page 9
May 22, 1990
VOTE ON MOTION: approved 4-0-1 with Councilman Malcolm absent.
RESOLLITION 15640 APPROVING PCS-90-07 AND PCM-90-1, FOR A TENTATIVE SUBDIVISION
MAP KNOWN AS CHULA VISTA TRACT 90-07, AND COMMUNITY DESIGN GUIDRI .INES, FOR THE SUNBOW
II PROJECT. LOCATED SOUTH OF T~I.RGRAPH CANYON ROAD, ADJACENT TO THE CHULA VISTA
MEDICAL CENTER. EAST OF GREG ROGERS PARK
RESOLU'I~ON 15640 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Coune'sqmnn Malcolm absent.
MSC (Nader/McCandliss) to direct staff, when they bring back the Growth Management Implementation
Plan, to relate the provisions end enforcement of the plan to the issuance of building permi~s. Passed and
approved 4-O-1 with Councilman Malcolm absent.
* * END OF CITY COUNCIL PUBLIC HEARING * *
The City Council adjourned at 6:30 p.m. to a Joint Meeting of City Council and Redevelopment Agency
meeting.
21. PUBLIC HEARING CONSIDERATION OF A LEASE AGBRRMENT BETWEEN THE
REDEVELOPMENT AGENCY AND SOUTH BAY COMMUNITY SERVICE FOR OFFICE SPACE AT 315 FOURTH
AVENUE, CHULA VISTA, CALIFORNIA
This being the time and place as advertised, the public hearing was declared open.
Chris Salomone, Director of Community Development, gave a brief overview of the lease agreement.
There being no public testimony, the public hearing was declared closed.
RESOLUTION 1082 ENTERING INTO LEASE AGI~RRMENT WITH SOUTH BAY COMMUNITY
SERVICE FOR OFFICE SPACE AT 315 FOURTH AVENUE AND AUTHORIZING THE CHAIRMAN TO EXECUTE
SAME
RESOLUTION 1082 Olq. l~D BY CHAIRMAN COX, reading of the text was waived, passed and approved
unanimously.
22. RESOLUTION 15612 APPROVING THE 1990-91 COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET, AUTHORIZING TRANSMITTAL OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
APPLICATION AND ASSOCIATED DOg AND APPROVING A REQUF.5~ FOR 'fRANSFER OF COUN'rY
CDBG FUNDS TO THE ORANGE AND FOURTH (HERMOSA) PARK PROJECT AND WOODLAWN
COg CENTER YARD IMPROVEMENT PROjECTS - The City of Chula Vista will receive $1,161,000
for the 1990-91 CDBG program and has $222,344 available for reallocation from previous years. The staff
recommendations are the result of consideration of all pertinent information, input from citizen participation,
and application of the established evaluation processes. Upon approval, the CDBG application will be
submitted to HUD. Staff recommends approval of the resolution. (City Council item). (Director of
Community Development) J~?/~ ~
City Manager Goss stated there were loans available for low/moderate families in the community in target
areas. In addition, there is a plan, not in this particular budget but as the plan evolves, to use the 2% set
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Page 10
May 22, 1990
aside from Redevelopment m support these types of programs. There is a program which will attack graffiti
and a proposal to expand the Paramount Program in the proposed budget.
Councilman Malcolm stated he would abstain from the last paragraph, which deals with the Orange and
Fourth Avenue Hermosa Park.
Mayor Cox stated this item was not a public hearing.
RESOLUTION 15612 OFFFRED BY MAYOR COX, reading of the text was waived, passed and approved
unanimously, with Coune,lm~n Malcolm abstaining on Hermosa Park
Councilwoman McCandliss urged the City Manager to move forward with the low/moderate housing funds.
She hoped the redistribution of these funds would help to supplement the dwindling CDBG funds.
23.A. RESOLUTION 15641 APPROVING FIRST AMENDMENT TO A AGREEMENT W1TH SHUTE,
MIHALY AND WEINBERGER TO PROVIDE CONSULTANT SERVICES TO RE'dEW PROPOSAL BY SDG&E FOR
A POWER PLANT IN CHULA VISTA -The first amendment gives detail clarifying the tasks performed by
outside legal counsel in the SDG&E NOI proceeding, as requested by Council Staff recommends approval
of the resolution. (Joint City Council/RDA). (Assistant City Attorney and Deputy City Manager) /1/~(D
(The City Council may adjourn to a dosed session per Government Section S49S6.9(a) - SDG&E NOI.)
B. RESOLUTION 1083 APPROVING $67,S00 TO PROVIDE AGENCTS PORTION OF COSTS FOR
AG]~RRMENT WITH SHUTE, MIHALY AND WEINBERGER TO PROVIDE CONSULTANT SF.,RVICES TO
REVIEW PROPOSAL BY SDG&E FOR A POWER PLANT IN CHULA VISTA - Staff recommends approval of the
resolution. (joint City Councfl/RDA). (Agency Attorney)
(The Redevelopment Agency may adjourn to a closed session per Government Section 54956/9(a) - SDG&E
NOI.)
RF, SOLUTION 15641 AND 1083 OFFERED BY COUNCILMAN/MEMBER MALCOLM, reading of the texts was
waived, passed and approved unanimously.
* * END OF JOINT MEETING * *
OTHER BUSINESS
24. ORAL COMMUNICATIONS
A. W. Hall, 1675 Point Reyes Court, Chula Vista, California 92011, stared he had a chronic problem with
noise from a facility on Brandywine and Otay Valley Road. He has asked repeatedly to have this problem
mitigated, to no avail. He requested his name be placed on a mailing list for any future projects for
development in this area. He has been informed there were two projects (IS-34 and IS-38) currently going
in and due to the configuration of the buildings, the noise would come up the canyon to his residence. He
stated none of the neighbors in the area were notified and he feels they have been ignored. , ]A]~/[
City Attorney Rudolf stated a motion would have to be made to reconsider this item. He would have to
review the project to see if there were any vested rights.
Minutes
Page 11
May22, 1990
MSC (Cox/McCandliss) rder to staff and request this item be placed on the Redevelopmerit Agency agenda
for the nex~ meeting, approved 4-0-1 with Councilman Malcolm absent, Staff is to return with a report
regarding the normal noticing process.
Councilwoman McCandliss stated that residents living outside that area that could be impacted should be
included in the report.
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, stated the Mobilehome Issues Committee meeting
was again canceled due to lack of attendance. He recommended Council dissolve the Committee, end if not,
he would no longer attend the meetings. He felt there was a major problem, and it had to be resolved.
MSUC (Cox/Malcolm] refer item to staff to come back with alternatives, to be scheduled for a Council
Conference.
Joseph W. Gareia, 484 Sth Avenue, Chula Vista, California, representing Tax Payers, Ine., suggested a
telegram be sent the U.S. Surgeon General, urging him to declare spraying residential areas with Malathion
a national health hazard. This would preempt state, county or city regulations. He also referenced the
Government Code Sections listed on the agenda for Council Closed Sessions. He stated the public was not
aware of what these were and requested that an explanation be arcached to the agenda.
MSUC (Cox/MeCandliss) rde~ this issue m the City Attorney for a report back to Council.
25. ITEMS ptn.IJ~l~ FROM THE CONSENT CALENDAR (Item pulled: 18, 19, and 19-1) Minutes reflect
the published agenda order.
26. cl'iY MANAGER'S REPORT(S)
a. Budget overview will be during the regular Council Conference meeting on Thursday, May 24, 1990.
27. MAYOR~ REPORT(S)
a. Stated item Sa. should also have been referred to the Project Area Committee.
28. COUNCIL COMMENTS
a. Councilwoman McCandliss:
Understood that Council took a position on a bill last year which is similar to the current bill establishing
a Boarder Commission for the County. The current bill has been slightly modified, and if it is in the purview
of the current legislative program, she would like to see the Council support it and contact the City of San
Diego so they are aware of the City's interest and will participate in their lobbying efforts. If it is not
consistent with the legislative program, it should be brought back to Council.
b. Councilman Moore:
Stated there will be an item on Thursday's agenda regarding Merco [I and the preference of Council
regarding voting.
Minutes
Page 12
May 22, 1990
ADJOURNMENT
The City Council adjourned to a Closed Session 10:20 p.m. to discuss:
Instruction to negotiators regarding potential sale of property pursuant to Government Code Section
54956.8 - southeast corner of Fifth Avenue and 'C" Streets (City of Chula Vista, owner)
Potential acquisition of the following property pursuant to Government Code Section 54956.8: East
H Street - Paseo Del Rey and Tierra Del Rey (Rancho Del Rey Parmership, owner)
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) pursuant to Government Code Section 54957.6.
Pending Litigation pursuant to Government Code Section 54956.9: County versus Rabin.
ADJOURNMENT AT 10:49 P.M. to a Joint Public Meeting with the Redevelopment Agency immediately
following the closed session to discuss:
REDEVELOPIVIFJqT AGENCY [MEETING AGENDA
Items #21, #22, and #23 above, and:
1. Potential acquisition of the following property pursuant to Government Code Section 54956.8:4501
Otay Valley Road (Roderick & Patricia Davies, owners); Parcel 624-060-27 on Otay Valley Road
(Vincent & Margaret Davies, owners); 4705 OtayValley Road (Jimmie & Judy Shinohara, owners); /
Parcel 644-040-40 (Walker Scott Properties/South Bay, owner); 760 Broadway (Glen E. Fuller Trust,
owner); 801 East Broadway Crravis A. & Margaret L. Reneau and David D. & Christina L. Ordway,
owners); 798 F Street (Rados Brothers, owners); and northeast corner of Fifth Avenue and H Streets
- 8.82 acres (fee owner - Garret'c, Ltd., a California Limited Partnership, David S. Casey, Sr., Wayne
P. Lill, and Metropolitan Shipping Square, Ltd.)
2. Property disposition pursuant to Government Code Section 54956.8: 340, 350, 360, 364, and 368
Bay Boulevard (Redevelopment Agency of the City of Chula Vista, owner).
ADJOURNMENT AT 11:28 P.M. to the Regular City Council Worksession on Thursday, May 24, 1990 at 4:00
p.m. in the City Council Conference Room.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: x .,. ,
Vicki C. Soderquist, DeputgV, City Clerk