HomeMy WebLinkAboutcc min 1990/06/05 MINLrrES OF A REGULAR MEETING
OF THE CITY OF CHUIA VISTA
Tuesday, June S, 1990 Council Chambers
4:02 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, Moore, Nader, and Mayor Cox
ABSENT: Councilwoman McCandliss
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. pI.F.r'~GE OF ~IJ.F. GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINIfIE-S:
MSC (Moore/Cox) to approve the minutes of May 1 and May 8, 1990 as presented, approved 4-0-1 with
Councilwoman McCandliss absent.
4. SPECIAL ORDERS OF THE DAY:
a. Prodalming the week of June 3 through June 9, 1990, as 'MANAGEMF_aN'T WEEIe - Proclamation
presented to Mr. Richard Vorce, President of the Rohr Chula Vista Chapter of the National Management
Association.
b. Prodalming June 6, 1990 as 'LAW ENFORCEMENT RECORDS AND SLIPPORT PERSONNEL DAY' -
Proclamation presented to Ms. Sue Roos, Business Office Manager and Records Supervisor of the Chula Vista
Police Department.
c. Presentation of Certificate of Recognition and Prodmarion - to Mr. Rudy Schmoke of the Chula
Vista Fire Department for his 40 years of service. Mayor Cox noted that it was also his 41st wedding
anniversary, thanked him for his service and wished him well,
d. Oath of Offiee for the Youth Comrai~sioner - City Clerk Authelet administered the Oath of Office to
Derric Wayne Prescott.
e. SANDAG Presentation on Regional Transportation Demand Management CrDM) Program, by John
Duve, SANDAG.
John Duve informed Council that in the past eighteen months a new Transportation Demand Management
program has been drafted. The initial focus of the program is on the peak period traffic stream. The plan
provides that each of the cities in the County pass a regional TDM program and ordinance. The
administrative responsibilities for the program and ordinances would be assigned to the TDM Board of
Directors. Funding will be established through legislative action, program funding will be provided through
existing fees and commuter computer funding. While emphasis is on preserving regional mobility, the
implementation of transportation eontral measures is required to meet air quality goals.
Minutes
Page 2
June 5, 1990
f. Chula Vista 2000 Report Regarding Feasibility of Establishing a Benefit District West of 1-805 to
hnplement Portions of the CV2000 Recommendations - Mike Green, Chairman of the Chula Vista 2000 Task
Force. '
Sharon Reid, 675 Arthur Avenue, Chula Vista, California, Co-Chair of the Chula Vista 2000 Steering
Committee, stated they felt Council should appoint the Chula Vista 21 Committee and refer the question of
the ballot proposition to them for review.
Mayor Cox stated he was disappointed that the issue would not be on the November ballot but understood
the rational and recommendations of the Committee.
MSC (Cox/Moore) to approve the report and implement the recommendations. Approved 4-0-1 with
Councilwoman McCandliss absent,
Councilman Nader expressed his concerns over the likelihood of success if the issue is placed on a ballot.
He hoped the Chula Vista 21 Committee would also look at other funding sources.
CONSENT C_~I.RNDAR
Citems pulled: 6, 14, 20)
Councilman Malcolm stated he would abstain on Item #21 due to ownership in Great American Stock.
Councilman Nader stated he would abstain on Item #11.
BALANCE OF THE CONSENT C~t.RNDAR OFFERED BY COUNCILMAN MOORE, reading of the texts was
waived, passed and approved 40-1 with Councilwoman McCandliss absent,
5. ~A/R]'I'I'IL~ COMMUNICATIONS:
a. Letter from the Downtown Association requesting that Sunday, December 2, 1990, be set aside for
the annual Starlite Yule Parade - Mr. James D. Fergus, Chairman, Chula Vista Downtown Business
Association, Box 381, Chula Vista, California 92012-0381. Recommended that staff work with the
Downtown Business Association on the appropriate street closures for the parade.
b. Letter from the Bonita Highlands Homeowners' Association seeking City cooperation in ensuring that
the City bus drivers obey the speed limits in Bonita Highland, especially on Corral Canyon - F.R. Phillips,
Board Secretary, P.O. Box 458, Bonita, California 92002-0458. Recommended that Transit staff be directed
to bring this maker to the attention of the drivers and that the drivers be cautioned regarding excessive
speed.
c. Letter from the Deparanent of General Service of the County of San Diego regarding the proposed
lease on an office building located at 2638 Main Street, Suite H, Chula VLsta. They are requesting the City
of Chula Vista waive the required 60 day notification prior to the lease of facility. Mr. Robert M. Maxwell,
Deputy Director, Real Property Management Division, 5555 Overland Avenue, San Diego, California 92123-
1294. Recommended that the sixty day notification requirement be waived.
d. Letter requesting the Council to waive any of the chargeable fees for the annexation of the []
Rancho Vista and [] Rancho Vista North properties into the City of Chula Vista - Arthur J. Johns, Attorney
At Law, 721 Third Avenue, Chula Vista, California, 92010. Recommended that this item be continued to
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Page 3
June 5, 1990
June 12, 1990 so that staff might furLher evaluate its fee waiver policies with respect to annexations and
the appropriateness of waiving all or part of the fees requested.
e. Letter requesting matching funds for dean-up of the La Vista Memorial Park - Jane L. Carroll, 328
Greenwold Place, Bonita, California 92002. Recommended that staff be directed to contact the Chula Vista
Historical Society and Glen Abbey to see whether they would be willing to provide any assistance.
6. ORDINANCE2373 AMENDING MAb-iP~ FEE SCHEDULE TO ALLOW REFUND OF FEF_.S (first
reading) - Existing ordinances impose fees sometimes allowing specified exemptions, reductions or deferrals
within the provisions specific to particular fees. There is no generic authorization in the City Council to
waive or reduce fees. This amendment would provide authority to the City Council to approve fee reductions
or waivers, applicable to all fees, in certain specified circumstances. Staff recommends placement of
ordinance on first reading. (City Attomey) Pulled from the Consent Calendar
Councilman Nader questioned whether all fee waiver requests needed to come before Council for action.
He felt it would be appropriate to amend the ordinance to have the Planning Commission or other
appropriate committee review these requests.
City Attorney Boogaard amended the ordinance, subparagraph C, to state "waived by action of the city
manager or his designee and on appeal by the City Council in accordance with the following procedures"
MS (Nader/Cox) to mend Ordinance 2373, subparagraph C, to read 'waived by the city manager or his
designee and on appeal by the City Council in accordance with the following procedures'.
Councilman Moore expressed his concem over Council delegating the waiver of fees.
Councilman Nader stated the right of appeal would also apply to Council. He requested the ordinance be
written to reflect this issue.
City Manager Goss stated a CAP could be placed on the monetary amount to be waived.
Mayor Cox stated that Councilman Moore's concerns could be addressed by adding Item 4, which would
state "the city manager shall be authorized to hold a public hearing, which does not need to be advertised,
regarding fee waivers under $2,000".
WITHDRAWAL OF MOTION BY COUNCILMAN NADEIL
ORDINANCE 2373 PLACED ON FIRST KFADING BY COUNCILMAN NADER, reading of the tex~ was waived,
passed and approved 3-0-2 with Councilmembers McCandliss and Malcolm absent.
MSC (Nader/Cox) refer to staff to report back with appropriate agenda item on whether it would be
desirable to delegate the initial fee waiver authority to another body and if so, what procedures should be
adopted including the appeal to the City Council. Approved 3-0-2 with Councilmembers McCandliss and
Malcolm absent.
7. RESOLLFFION 15645 IDENTIFYING THE CITY CI.RRK AS THE AGENT OF THE COUNCIL
AUTHORIIF-F} TO AC(IPT DRRnS OR GRANTS TO REAL PROPERTY - In 1957, Resolution No. 1998 was
adopted by the Council authorizing Kenneth P. Campbell, then City Clerk to the City, to execute certificates
of acceptance of deeds and other grants to the City. While this resolution probably still permits the present
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Page 4
June 5, 1990
City Clerk to execute certificates of acceptance, deeds and other grants, staff is suggesting that the Councfi
adopt a new resolution simply identifying the City Clerk as the person or agent of the Council authorized
to handle this function. Staff recommends approval of the resolution. (Assistant City Manager) '/~/i; ?~
8. RESOLUTION 15646 ALrrHORIZING PLACEMENT OF BROWN ACT LANGUAGE IN AGENDA
PACKET - At the City Councfi meeting of March 22, 1990, there was a request during the oral
communications portion of the agenda to have the Council consider printing the language of the Government
Code sections which form the basis for closed sessions, Staff recommends approval of the resolution. (City
Attorney) /q~ ~'8
9. RESOLDTION 15647 ALrrHORIZING THE CITY'S PARTICIPATION AS AMICUS CURIAE IN THE
CASE OF U1Y OF JACKISON V. AMADOR COUNTY WATER AGENCY - At the request of the League of
California Cities, the City Attorney is soliciting Council authority to join the amicus brief in support of the
City of Jackson, which is attempting to defend against an Amador County Water Agency Me that would
prevent Jackson from reselling its water to areas outside of its legal boundaries. Staff recommends ap royal
of the resolution. (City Attorney) '
10. RESOLUTION 15648 APPROVING AN AGRF. F. MENT WITH THE COUNTY OF SAN DIEGO FOR
FUNDING AND CON,SfKUCTION OF A PARKING LOT AT THE OTAY COMMUNITY CENTER - MAAC Project
expanded the existing building at 1651 Albany Street with funding from the California Depat anent of Aging.
The City is requiring the construction of 14 additional parking spaces, and this is to be jointly funded by the
City and County with $30,097 in Community Development Block Grant funds. Staff recommends approval
of the resolution. (Director of Community Development)
City Manager Goss stated Item # 10 would have to be pulled or amended with the deletion of Clause B. The
staff and County have agreed that Clause B should be deleted.
Mayor Cox responded Item #10 would not have to be pulled. It was the consensus of the Council to
amended as recommended by City Manager Goss.
11. RESOLIYrlON 15649 APPROVING A CONTRACT WITH 2320 MAIN STREET/Le, S(XI~TF.S,
LIMITED STIPULATING CERTAIN CONDITIONS FOR THE GRANTING OF A VARIANCE FOR THE
CONSTRUCTION OF A TEMPORARY HONDA DE/~I .RRSHIP AT 2350 MAIN STREET IN THE u-If' OF CHULA
VISTA - The resolution authorizes an agreement with 2320 Main Street Associates, Limited stipulating
conditions for the granting of a variance from paving and landscaping requirements for the establishment
of a temporary auto dealership at 2350 Main Street. This land use will not exceed 30 months. Staff
recommends approval of the resolution. (Director of Community Development) Councilman Nader
abstained from voting. /~(~ /
12. RESOLIJT[ON 15650 ACCEPTING BIDS AND AWARDING CONTRACT FOR 'THE IMPROVEMENT
OF SHY LANE FROM FIFTH AVENUE TO 600 FEET EAb'FERLY IN THE CITY OF CHULA VISTA,
CALIFORNIA' - Bids were received for the project involving removal and disposal of existing improvements,
excavation, and grading, asphalt concrete paving, placement of processed miscellaneous base, installing curb,
gutter, and sidewalk, cross gutter, protection and restoration of existing improvements, driveways, various
drainage structures, drainage pipe, street lighting, manhole, masonry walls, traffic control, and other
miscellaneous work shown on the plans. Staff recommends Council accept bids and award contract to Caves
Construction in the amount of $176,740. (Director of Public Works) /~/~8~,.-' "/
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Page 5
June 5, 1990
13. RESOLUTI ON 15651 hoPROVING GRANT OF EASEMENT FOR SK)EWALK PURPOSES AROUND
EASTLAKE I LAKE - Staff recommends approval of the resolution. (Director of Public Works) ,q683
14. RESOLUTION 15652 ACCEFrlNGBIDSANDAWARDINGCONTRACTFOR'TREEREMOVALAND
SIDE'WALK REPLACEMENT AT VARIOUS LOCATIONS (1990 PROGRAM) IN THE ta-tY OF CHULA VISTA,
CALIFORNIA' - Bids were received and funds for this work were approved by Resolution No. 15531 of
February 27, 1990. The work to be done consists of removal of curbs and gutter, sidewalk, driveways, trees,
and roots; saw cutting; preservation and restoration of property; and traffic control. Staff recommends
Council accept bids and award contract to Ca~es Construction in the amount of $49,702.25. (Director of
Public Works) Pulled from Consent Calendar ]~,8,~/
Cliff Swanson, City Engineer, stated all residents had been contacted and had requested that the work be
done.
. RESOLUTION 15652 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 3-0-2
with Councilmembers McCa_qdliss and Malcolm absent
15. RF~DLUTION 15653 hoPROVINGANAGI~RRMENTWITHWJIJ-nANASSOCIATESFORDESIGN
ENGINEERING SERVICK~ REQUIRED FOR DRAINAGE IMPROVEMENTS ALONG OXFORD STREET FROM
SECOND AVENUE TO DEL MAR AVENUE - The engineering firm of Willdan Associates was selected to
design drainage improvements along Oxford Street from Second Avenue to Del Mar Avenue based on their
rank established by the prequali~ed list of consultants approved by Council The general scope of the project
is to consumct drainage facilities along Oxford Street, from Second Avenue to Del Mar Avenue to connect
with the existing drainage system just south of Oxford Street. Staff recommends approval of the resolution.
(Director of Public Works) /qb~
16. RESOLLrrION 15654 DIRECTING THE DIRECTOR OF PUBLIC WORKS TO ADVISE THE
REGIONAL WATER QUALITY CONTROL BOARD OF THE CITY OF CHULA VISTA'S INTENTION TO
PARTICIPATE AS A CO-APPLICANT IN AN APPLICATION FOR A NATIONAL POLLUTANT DISCHARGE
EIa'IVilNATION SYI~-I/~IVI (NPDES) STORMWATER PERIdlT - Staff recommends approval of the resolution.
(Director of Public Works) /q6 b'6
17. RESOLUTION 15655 hoPROVING CHANGE ORDER NO. 4 FOR THE REMODELING OF FIRE
STATION NO. 1, AT 447 "F" S'fREET - Proposed Change Order No. 4 is for various changes and additions
to electwical wiring, structural repair, and other changes to the remodeling project for Fire Station No. 1.
Staff recommends approval of the resolution and authorizes the Director of Public Works to execute it on
behalf of the City. (Director of Public Safety) /~
18. RESOLUTION 15656 FIRST AI~IV~ TO TIIE USE AGREF_~ BETWEEN THE CITY OF
CHULA VISTA ANI) THE CI-tULA VISTA LIVE 51 l~, INC. FOR THE OPERATION OF TIlE LIVE STEAM
RAILROAD - ROHR PARK - The Chula Vista Live Steamers have requested assistance from the City due to
the increased cost of general liability insurance for their operations at Rohr Park. Staff recommends that
Council amend the Facility Use Agreement with the Chula Vista Live Steamers allowing a fee charged for
rides. (Acting Director of Parks and Recreation) /~
..
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Page 6
June 5, 1990
19. RESOLUTION 15657 AUTHORIZINGTHEMAYORTOSIGNANAPPLICATIONANDPERMITFOR
THE USE OF THE SWIMMING POOL AT SOUTHWESTFAN COIJ-F-GE, AND TO EXECIrI~ A HOLD
HARMI-I:-e-S AGRI{RMENT - The Department is requesting the use of the swimming pool at Southwestern
College for summer aquatic programs. The approval for this use requires a signature on a standard permit
application and hold harmless statement. Staff recommends approval of the resolution. (Acting Director
of Parks and Recreation)
20. REPORT REQUESTBYCh'UIAVISTANORTHPONYLFAGUEFORCHYASSISTANCE
TO PAY FOR THE EXPENSE OF OPERATING THE BAIL F;F.I .n LIGHTS AT EUCALYPTUS PARK - The Chula
Vista North Pony League has requested that the City no longer require them to pay for the cost of operating
the ball field lights at Eucalyptus Park. Staff recommends that Council approve the request and direct the
department to formulate a policy dealing with the use of City-owned night-lighted athletic fields by youth
sports groups. (Acting Director of Parks and Recreation) Pulled from the Consent Calendar
Councilman Malcolm questioned how many of the participants in the leagues were residents. He did not
feel Council should waive fees for the ball field lights for non-residents.
Jerry Foncerada, Acting Director of Parks and Recreation, responded that approximately 90% of the
participants were residents.
City Manager Goss stated the City would waive the fees only for the Little League and Pony League. The
adult leagues would continue to pay.
MSC (Cor,/Nader) to accept the report, approved 3-0-2 with Councilmembers McCandliss and Malcolm
absent
21. REPORT ON GRADING PROCESS AND GRADING PLANS FOR ~ SUBDMSIONS -
In the budget session Council requested a report on mass grading procedures in the City. They were
concerned about development grading areas far in advance of housing construction. Staff recommends
setting a heating for June 19, 1990 to strengthen City requirements on the time when grading permits are
issued. (Director of Public Works) Councilman Malcolm abstained from voting. ./~//~/-
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND R~I-ATED RESOLUTIONS AND ORDINANCES
22. PUBLIC HFARING PCS-89-12: CONSIDERATION OF TENTA'ITv'E SLIBDMSION MAP FOR SUN-
UP VISTA, CHUIA VISTA TRACT 89-12 - GOLD KEY DFvf[~PMENT -Staff recommends approval of the
resolution. (Director of Planning) /d/~t~,~
Mayor Cox stated the public hearing had not been properly noticed and the item had been r~docketed for
Council review.
City Attorney Boogaard recommended that Council approve Resolution 15658 which will repeal Resolution
15442 and allow Council to reconsider the tentative subdivision map for Sun-Up Vista.
Minutes
Paffe 7
June S, 1~)0
Robert Leiter, Director of Planning, gave an overview of the project. Staff is recommending a condition that
would require an open space easement over the property, to insure no construction other than for
installation of landscaping, incidental grading and garden structures.
This being the time and place as advertised, the public hearing was declared open.
Noelle Batnick/. 70 E1 Capitan Drive, Chula Vista, California, spoke in opposition of the staff
recommendations. She and her husband feel the construction of five homes on the dangerous slxetch of
Telegraph Canyon Road is not a good idea. She suggested that before the final map is drawn, everyone take
a look at the designs and try to improve on the safety aspects, especially accessibility to the homes and the
roads. The landscaping design should also be checked to make sure they do not obstruct the road. She
expressed her delight that the canyon will remain open space and thanked the Council for their insight in
preserving this area.
Ralph Nieders, 81 East San Miguel Drive, Chula Vista, California, questioned what the grading would be and
expressed his concern regarding possible flooding to his property.
John Lippitt, Director of Public Works, stated the low flow charmel will stay the same as it is now. There
is a condition that the developer submit a grading plan m verify that this will work. The channel is on
private property and landowners will be responsible for vegetation. There will be an easement to the City
for controlling and keeping the drainage flow adequate.
There being no further public testimony, the public hearing was declared closed.
Councilman Malcolm felt the City should be able to maintain any easement dedicated to the City. If the
homeowners do not maintain it, the City should and bill the homeowner for the costs.
Mayor Cox reopened the public hearing.
Ken Green, 3944 Point Loma Boulevard, San Diego, California, representing Gold Key Development stated
there were no plans to grade on the other side of the channel.
There being no further public testimony, the public hearing was declared closed.
MSC (Malcolm/Nader) to mend the conditions on two itora~: 1) no grading or grubbing be allowed in the
open space without a penttit being issued by the City of Chula Vista, and 2) the easement granted to the
City on the drainage channel contain a condition that ff the homeowners do not maintain it, the City has
a right to dean it and charge the homeowners. Approved 3-0-1-1 with Councilwoman McCandliss absent
and CouDeilman Moore abstaining.
Counc~man Nader questioned if there were other conditions placed on the tentative map when approved
previausly by Council.
Mr. Leiter stated he had conferred with the City Attorney and recommended the postponement of this item
for one week to enable staff to review the conditions more closely.
MSC (Malcolm/Nader) to continue the public hearing for one week. Approved 4-0-1 with Councilwoman
McCandliss absent.
Minutes
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June 5, 1990
RESOLUTION 156.58 REPEALING RESOLDTION NO. 15442 ON THE BASIS OF LACK OF
SDFFIC1RNT NOTICE, A RF. SOLLrrlON WHICH HAD APPROVED THE ~ATIVE SUBDM SION MAP FOR
SUN-UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT
RESOLUTION 15658 Op1-/~J~Rr~ BY MAYOR COX, reading of the text was waived, passed and approv~l 3-0-1-
1 with Councilwoman MeCanclliss absent and Councilman Moore abstaining.
RESOLUTION 15659 APPROVING PCS-89-12 THE TENTATIVE SUBDMSION MAP FOR SUN-UP
VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT
23.A. PUBHC HEARING GPA-88-2M: AMENDMENT TO THE MONTGOMERY SPECIFIC PLAN BY
THE REDESI GNATION OF A CERTAIN 12.22 ACRE AREA, LOCATED ON THE SOUTHEAS~[~.P, Ly QUADRANT
OF AN UNNAMED b'I REET AND PALOMAR S[KEET FROM *RESEARCH AND LIMITED INDUSTRLaiL* TO
"IVIFICAMN'HLE AND OFFICE COMMERCIAL*, ON THE PLAN DIAGRAM OF THE MONTGOMERY SPECIFIC
PLAN (continued from 5/8/90 meeting) (Director of Planning)
Hal Rosenberg, Traffic Engineer, gave an evaluation of the four intersections (along with I-5 and Palomar
Street) referred to staff by Council. The staff report should be corrected to state "Cites Traffic Consultant"
on line 8 and 16 of page 4, and line 3 of page S, instead of "Applicant's Traffic Consultant". MTDB feels the
signal is essential in their park and ride program and feel there would be a tremendous impact to the
program. Staff is recommending the mitigation shown in the EIR, which relates to the relocation of the
signal, be modified and the modification be stated in a manner that would require a design solution
agreeable to MTDB and the property owner on the north side.
Mr. Rosenberg stated it might be possible that another light would be required. Staff feels there will be
existing gaps in traffic, due to the light at the Palomar Trolley Station and Broadway, to get traffic in and
out of the area. If there is a problem, staff is prepared to assess the situation.
John Lippitt, Director of Public Works, stated a PUC would have to be obtained from MTDB to develop a
grade erossing over the tracks. He did not feel a condition should be placed on a developer requiring this
as it would take a long time to study to see if it is a feasible alternative.
Charles Gill, 600 B Street, Suite 1100, San Diego, California, developer of the project, stated staff has
indicated throughout the process that Pacific Scene would not be required to pay for the entire mitigation
measures required in the traffic report. He felt it was clear that the improvements required to the
infrastructure will be a eonditinn of the project. Due to the significant infrastructure problems existing at
this site, he felt it was unfair to require Pacific Scene to be responsible for the entire cost of those
improvements. It was their understanding that staff has indicated in the past, in meetings with Pacific Scene
and their consultants, that Pacific Scene would be responsible for only their fair share of those
improvements. They requested there be a recognition, that prior to actual eonsu-uetion of the project, they
have an opportunity to work with staff and MTDB regarding a signal. They suggested that the benefits of
the project to the community would be in infrastructure and sales tax revenues.
Jim Moxham, 3900 Hainey Street, San Diego, California, representing Pacific Scene, stated they have been
working diligently on meeting with those expressing their concerns regarding the project. He felt if the
project were approved, the following items should be fully considered at the design review process: 1) the
day care center could be built adjacent to the trolley, with Pacific Scene's level of involvement coordinated
with MTDB, 2) a strong pedestrian link be established between the trolley station and the project, 3) a traffic
circulation loop be built linking the trolley with the project and Janken Way, 4) trolley convenient retail uses
would be located on the west side of the site (in the closest proximity to the trolley), and entertainment use,
Minute~
Page 9
June 5, 1990
such as a bowling alley or theater, could be located in the project utilizing the SDG&E easement for parking,
5) fast food restaurants would be limited to two pads instead of the four proposed, 6) a linear park be
considered between Janken Way and the trolley center with a bike path through the linear park which
would provide a f~rst link for a bike path from the trolley center, through the SDG&E easement to 1-805.
A shared parking arrangement with MTDB and the project would be considered.
Bob Fox, 1080 Winding Oak Drive, Chula Vista, California, spoke in opposition to staff recommendation.
He questioned whether the plan proposed by Pacific Scene would go back to the Montgomery Planning
Committee for review.
Robert heiter, Director of Planning, stated the precise plan would go through the Design Review Committee
only.
Councilman Malcolm stated that if the property is to be included in the redevelopment area, Council could
place a condition whereby the precise plan has to come back to the Council with a P Modifier. Council will
then have complete discretion over the project. It was his intent to have the project, after the site plan is
worked out, ~ent back to the Montgomery Planning Committee for review.
Nancy Palmer, 971 4th Avenue, Chula Vista, California, representing the Montgomery Planning Committee,
spoke in favor of staff recommendations. She thanked the Mayor and Council for working with them and
rechecking the intersections. She requested that Council make sure the provisions for the day care center
are included in conjunction with the linear park and bike path. She expressed concern on minimizing the
negative impact by seeking out tenants that would not be moving from one location of Montgomery from
another, and she would also like to see the other two fast food pads removed.
There being no further public testimony, the public hearing was declared closed.
Councilman Moore expressed concern over dual access to the trolley park. He questioned whether this was
negotiable item.
The public heating was reopened.
Mr. Moxham stated they envisioned bringing a private street through the center of the property into the
SDG&E easement, that would connect with 3anken Way and proceed west into the trolley properzy. This
will create a multiple link allowing those people leaving the trolley station to exit 3anken Way and Bonita
Sl~eet.
Mr. Rosenberg stated staff was aware of this and did not have any objections. There would be nothing
illegal regarding this process.
Mr. Lippitt stated staff would have to work with the developer regarding the cost-sharing. All conditions
listed require full payment by the developer.
Mr. Moxham stated the mitigation for the project requires improvement of Palomar from I-5, past the off-
ramp to Broadway. It was his understanding in talking with staff they would not be responsible for all those
costs.
Mr. Rosenberg stated the road is four lanes and to widen to six lanes would require widening on both the
north and south side. Normally the developer is responsible for only one lane of their frontage. However,
due to lack of existing right-of-way and existing developments, there is a plan to widen the roadway on the
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Page 10
June 5, 1990
southside more than would normally be required of a one lane section. The fight-of-way would therefore
be wider on the southside.
Mr. Moxham concurred that two lanes would be picked up on their property for the widening of Palomar.
He stated there has been no tentative map Filed on the properly.
Councilman Malcolm stated the approval tonight was the rezoning of property from industrial to commercial.
The uses for the property will come back when a plan is presented in the future. Studies for Iraffic, etc. will
be done in the next phase. The rezoning will accomplish what the Council is trying to do, improve the area
and offer numerous benefits to the community.
RESOLUTION 15613 DENYING GPA-88-2M TO REDESIGNATE A CERTAIN 12.22 ACRE PARCEL
OF LAND, LOCATED ON THE SOUTHERLY SIDE OF PALOMAR STREET BETWEEN BROADWAY AND
INDUI~'I'RIAL BOULEVARD, FROM ~ESEARCH AND LII~II'I'ED INDUSTRIAL" TO ~JERCANTILE AND OFFICE
COMMERCIAL" ON THE PLAN DIAGRAM OF THE MONTGOMERY SPECIFIC PLAN - Staff recommends
approval of the resolution.
B. PUBLIC HEARING PCZ-88-J-M: APPLICATION TO REZONE THE ABOVE SITED PROPERTY
FROM *M-52" (LIMI'IED INDUSTRIAL) WHICH IS THE CITY' ADOPTED COUNTY ZONING TO "C-C-P"
(CENTRAL COMMERCIAL SUBJECT TO A PRECISE PLAN) (continued from 5/8/90 meeting) (Director of
Planning)
C. REPORT PALOMAR TROI J ~ (INIP. R INiERSECTION CAPACrlY REVIEIV/REPORT -
At the May 8, 1990, meeting regarding amendment to Montgomery Specific Plan relative to Palomar Trolley
Center Project, staff was directed by Council to evaluate the performance of four intersections on Palomar
Street and provide status of proposed improvements at 1-5 and Palomar Street. Staff recommends that
Council: 1) accept report which verities and conf'u-ms results of EIR; 2) direct staff to continue with
negotiations with CalTrans regarding improvements at I-5 and Palomar Street interchange; and, 3) accept
the traffic mitigations outlined in the EIR with the exception of relocation of the traffic signal at the trolley
station. Mitigation for that intersect/on will require special intersection traffic studies. (Director of Public
Works)
D. REPORT CERTIFICATION OF FINAL EIR-89-4M WITH ADDENDUM - PALOIVIAR
TROIJ.EY CENTE~ /~q,~ '
RESOLUTION 15578 CERTIFYING FINAL EIR-89-4M WITH ADDENDUM - PALOMAR TROIJ~k~
CENTER - Staff recommends approval of the resolution.
MSC (Malcolm/NadeO to approve Resolution 1S578, certifying the EIR, and direct staff to bring back
resolution outlining conditions appropriate for commercial zoning. Passed and approved 40-1 with
Councilwoman McCandliss absent.
Mayor Cox stated he would like further discussion on this item regarding the cost effectiveness of having
an additional access point, not only to the project but also Industrial Boulevard.
24. PUBLIC HEARING PCA-90-OS: CONSIDERATION OF AMENDMENTS TO TFrLE 19 OF THE
MUNICIPAL CODE TO D~L~.TE PROVISIONS WHICH WOULD REQUIRE REZONING, PIANNED UNIT
DEVELOPMENTS, PRECISE PLANS, CONDITIONAL USE PERMITS AND VARIANCKq TO BE PROCKe, SED
WITHIN A SPECIFIED NUMBER OF DAYS - ~l'lY INITIATED - Proposed amendments would delete provisions
from the Code which require rezonings, planned unit developments, precise plans, conditional use permits
Minutes
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June 5, 1990
and variances to be processed within a specified number of days. The impetus for the amendments is recent
State legislation regarding the public noticing and review period for environmental documents, and a new
policy adopted by the Planning Commission regarding adequate lead time in receiving agenda materials.
Staff recommends concurrence with the recommendation of the Planning Commission and Council place the
ordinance on first reading. (Director of Planning) }z//,~.5,
This being the time and place as advertised, the public hearing was declared open.
Robert Leiter, Director of Planning, stated the amendments are required to be in compliance with the State
of California Environmental Act and Planning Commission Policy. Staff is recommending that the days be
deleted from the ordinance but that an internal policy be set for noticing.
There being no public testimony, the public hearing was declared closed.
ORDINANCE 2374 ADOPTING PCA-90-O5 f~rst reading}
ORDINANCE 2374 OI'I'P_.RED BY COUNCILMAN MOORE TO BE pLAC:F.F} ON FIRST READING, reading of
the text was waived, passed and approved 3-0-2 with Councilmembers McCaudliss and Malcolm absent.
25. PUBLIC HEARING PCS-90-IO: CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR
TIARA AT RANCHO DEL KEY, CHULA VISTA TRACT 90-10 - DONALD L. BREN COMPANY - The applicant
has subtaRred a tentative subdivision map known as Tiara at Rancho del Rey, Chula Vista Tract 90-10, in
order to develop an eight lot condominium project consisting of 138 units on 9.8 acres located on the south
side of Ridgeback Road between Del Rey Parkway and. Otay Lakes Road. Staff recommends concurrence
with the recommendation of the Planning Commission and approve the resolution. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
Robert Leiter, Director of Planning, gave a brief overview of the proposal.
Bill Moorhous, 9191 Town Centre Drive, San Diego, California, representing Bren Company, stated he would
answer any questions the Council had.
Bill James, 5893 Oberlin Drive, #108, San Diego, California, representing J.B.F. & Associates, engineers for
the project, stated he was available to answer any quest. ions the Council had.
Councilman Nader asked if there was a condition regarding drought resistant plants. He also stated that
there was a difference between Condition #2 in the staff report and the resolution and he preferred the
condition in the staff report.
Mr. Lee responded that the condition was part of the Rancho del Rey SPA plan.
Mr. Leiter recommended Condition #2 from the staff report be included in the conditions of approval.
MSC (NaderAMoore) to amend Resolution 15660 by replacing Condition #2 of the resolution with Condition
#2 from the staff report. Approved 3-0-2 with Councilmembers McCandliss and Malcolm absent.
RESOLUTION 15660 APPROVING PCS-90-10: CONSIDERATION OF TENTATIVE SUBDIVISION
MAP FOR TIARA AT RANCHO DEL REY, CHULA VISTA TRACT 90-10 - DONALD L. BREN COMPANY
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Page 12
June 5, 1990
RESC)LLrFION 15660, AS AMENDED, OFFERED BY COUNCILMAN NADER, reading of the text was waived,
passed and approved 3-0-2 with CouncilmembePs McCandliss and Malcolm absent
OTHER BUSINESS
26. ORAL COMMUNICATIONS
Victor A- Nolan, 12 Via Barbarini, Chula Vista, California, stated the residents of the Chula Vista Mobile
Home Park have had a 20% increase in rent over the last four years. He stated the rent increase is tied to
the CPI and he felt some type of control would have to be initiated.
R.C. Flaugher, 3662 Lindbergh Street, Imperial Beach, California, reminded Council that this item (rent
control) has been before the Council for the last seven to eight years. He felt the mobilehome park owners
should have to justify the rent increases.
Mayor Cox stated Council had requested a report regarding the Mobilehome Issues Committee and he felt
this issue would be better addressed at that time.
MSC (Nader/Cox) refer to staff, Hous'mg Task Force, and Mobilehome Issues Committee a review of the
completed Bayscene Arbitration with an analysts to the Council and recomm~Aldations, if any, on appropriate
action. Approved 3-0-2 with Coune~rnenlber$ McCarldlLss and Malcolm absent
27. ITEMS pUH.Rn FROM THE CONSENT C~I.F. NDAR (Items pulled: 6, 14, and 20) Minutes reflect
the published agenda order. .:.
28. CITY MANAGER~ REPORT(S)
a. Reminded Council there would be a special workshop for further consideration of the City's
operating budget on Monday at 6:00 p.m. in the Council Conference Room.
29. MAYOR'S REPORT(S)
a. Vacancies on Montgomery Community Planning Committee - Carried over to the next regular City
Council meeting.
b. AB 939 - Request to consider any and all aspects of Assembly Bill 939 including, but not limited to,
the formation and funding of an AB 939 Task Force and for the purpose of discussing the purpose, scope
and mission of said task force. /~/~?~'
MS (Cox/Moore) to support SANDAG as the regional body to implement the Act for San Diego County.
Councilman Nader expressed his concerns over the appointment of SANDAG. Due to the large number of
projects being handled by SANDAG he felt the City would get better representation through the County
Board of Supervisors and he supported the County proposal.
Mayor Cox stated he would recommend Councilman Nader as the representative from the City.
Minutes
Pa~e
June S,
Councilman Nader s~ated he would have to obtain more information regarding meeting time, etc. before
responding.
Mayor Cox trailed the item for one week to the next regular City Council meeting.
c. Requested staff look at the dirt lot next to Station No. 5, comer of Oxford and Fourth Avenue to
develop a program with the lurefighters to clean up the lot and landscape. If there is a use that can be tied
into the fire station, or any other use, they should be evaluated. J~6~
MSC (CoX/Nader) to refer the lot at Oxford and Fourth Avenue to staff for evaluation, Approved 3-0-2 with
Counc~nnemben McCandliss and Malcolm absenL
30. COUNCIL COMMENTS
a. Councilman Nader:
1. Bowling Alley - Request to have the Council deliberate upon any and all aspects relating to the
taking of the Cabrillo Lanes Bowling Alley tenancy, including, but not limited to, having the Council
deliberate upon and support permitting the Cabrillo Lanes Bowling Alley operator to remain open on an
interim basis until a replacement bowling facility could become available to general public within the City.
Stated he has received considerable correspondence and calls regarding the dosing of Cabillo Lanes and he
noted most of Counc~'s actions regarding this item have been in closed sessions due to legalities. He stated
that because negotiations had been unsuccessful with the bowling alley owner and operator to fred a new
location, and because of the parking needs for the trolley, Council had asked the operator to select a closing
date for this year. The vote was 4-1 with his being the no vote. He would like to consider an action where
the Council would publicly convey to Mr. Elkan, interest in modifying the arrangement to allow Cabrillo
Lanes remain in its present location, until such time either another site is found or another operator is
located.
Jackie Willlares, 665 Landis Avenue, Chula Vista, California, stated the closing date of May 31st was chosen
by Mr. Elkan. This date was chosen so the bowlers would be able to relocate to leagues at other lanes. She
referred to the list of possible relocation sites and did not feel there was a good faith effort by the CivJ. She
stated Cabrillo Lanes should be able to stay open while new negotiations are undertaken.
R.C. Flaugl~er, 3662 Lindbergh Street, Imperial Beach, California, stated the closing of Cabrillo Lanes would
be an extreme' hardship on the senior citizens of the community. They are asking that Cabrillo Lanes be
allowed to Stay open until another lane is established. /q~oO
MS {Nader/Moore) to send a letter to Mr. Elkan stating Council position that the bowling alley be allowed
to remain open under current conditions until such time as another bowling alley site or operator is located
in Chula Vista, and inviting him to reopen negotiations with the City if he chooses to do so.
Councilman Moore stated the Council's position was to assist in the relocation, not in the building of a new
facility or a loan.
Mayor Cox felt the Council had done everything they possibly could in trying to negotiate with Mr. Elkan.
They have been working with him since December 1984. He stated he has been meeting with a potential
operator of a bowling facility and he hoped there would be an announcement within the next several weeks.
Before he could support the motion he would need to know if there was an interest on behalf of Mr. Elkan.
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June 5, 1990
He referenced the Boy's and Girl's Club reincation and the effort put forth by the Council on that project
also.
Councilman Nader stated his motion clarified the record regarding the subject and invited Mr. Elkan
to open the negotiations.
MODIFICATION OF MOTION: {Nader/Moore) provide direction that discussion of further lease negotiations
be brought back to the Council in executive session.
City Attorney Boogaard recommended a letter be sent ~nviting interest to negotiate an interim lease rather
than tender an offer.
MODIFICATION OF MOTION: (Nader) it is Council policy direction to reopen the bowling alley, should
the management of the bowling alley so desire.
Mayor Cox stated he could not support the motion. If Mr. Elkan wanted to come forward with a proposal
to the Council ir would be reviewed by the City and the County.
VOTE ON MOTION: Motion fails with a 2-1-2 vote, with Mayor Cox voting no and Councilmemben
McCandliss and Malcohn absenL
2. Notification for Land Use Decision - Request to deliberate upon and consider the method and
procedures by which persons are notified of pending land use decisions including, but not limited to, urging
the Council to direct staff to provide a set of procedures and standards for notification which procedures and
standards would include, but not limited to, providing minimal information regarding the proposed project
and providing an area map visually demonstrating the relationships between the proposed project and
existing land uses.
Expressed his concern over the lack of information contained in the notifications being mailed to property
owners. He felt that a better description should be included regarding the location along with a sketch or
diagram of the area.
MSC (Nader/Moore) refer to staff to bring back a policy regarding notification procedures (to include a
diagram or map). Approved 3-0-2 with Councilmembers McCandiiss and Malcohn absent.
3. Advertising of Chula Vista Businesses at Trolley Stations - Request to have the Council deliberate
upon and consider various methods of advertising Chula Vista businesses at u'olley stations located within
the City limits including, but not limited to, such methods as signage, pamphlets, reader board information,
etc.
The City does not offer information regarding what is available on the trolley and transit routes. He would
like to set up a program where a business interested in advertising could advertise their location along the
Chula Vista transit routes.
MS (Nader/Moore) rder to stuff to look at policy or program where businesses on Chula Vista wansit routes,
that connect to the trolley station could be specifically mentioned, for a reasonable fee, in information the
City provides at the u'olley station regarding Chula Vista nansit.
Councilman Nader stated it was not his intent to have it open to all businesses. He felt those businesses
on the routes, or within walking distance, would be eligible.
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June 5, 1990
Councilman Moore felt it should be available to all businesses within the City.
City Manager Goss asked for the flexibility to consider various options in the report. The use of advertising
on any City document or brochure would be a policy issue to be considered by the Council.
VOTE ON MOTION: Approved 3-02 with Councilmembers McCandliss and Malcolm absent.
b. Councilman Malcolm:
1. Not Addressed by Adopted Legislative Program: (Requiring Council Action)
SB 2688 (Rogers) Sanitation Systems: Discharge of Dissolved Solids - Recommended Council oppose.
MSC (CoX/Moore) to oppose SB 2688, approved 3-0-2 with Councilmembers Mc['-and]iss and Malcolm
absent,
Councfiman Nader requested that the letter of opposition state the opposition to the b~l is only regarding
impacts on the City's ability to use reclaimed water.
2. Addressed by Adopted Legislative Program: (Requiring No Councfi Action)
AB 2879 (Corcese) New Cities: Development Agreements "New Town Legislation" -Legislative Committee
Action: Oppose
AB 2602 (Polanco) California Mexico Infrastructure Bonding Authority (CMIBA) - Legislative Committee
Action: Oppose
AB 3458 (Friedman) Attorney Fees and Settlement Offers - Legislative Committee Action: Oppose
AB 2590 (Vasconcellos) and SB 1765 (Alquist) Cigarette Tax Revenues Cost Shift to Cities
3. Old Bonita Store - Request to have the Council solicit the authority from the County of San Diego
to enforce the parking in and around County territories in the immediate vicinity of the Old Bonlta Store,
located at 4014 Bonita Road.
4. Bowling Alley on "E" Street - Requests to have the Council deliberate upon any and all aspects of
the_ taking of the Cabrilllo Lanes Bowling Alley tenancy, including but not limited to support for relocation
of the Bowl/mg Alley operator and the terms and conditions upon which such relocation may occur.
c. Councilman Moore:
Expressed his concern regarding legislation being proposed by the State Legislature. He felt the State was
getting involved in City business.
ADJOURNMENT
The City Councfi met in a closed session at 7:20 p.m. to discuss:
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Page 16
June 5, 1990
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)
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) pursuant to Government Code Section 54957.6.
ADJOURNMENT AT 7:27 P.M. to a Joint City Council/Redevelopment Agency Meeting on June 7, 1990 at
6:00 p.m. in the City Council Chambers to discuss:
RESOLUTION 15661 ESTABLISHING PROCEDURES FOR FORMATION OF THE SOUTHWEST
REDEVELOPMENT PROJECT AREA COMIMI'I'I'I~E
RESOLUTION 15662 RATiFIqNG SECOND AI~IVIENT TO AGIH~RIVI~ WITH SI~,
MIHALEY, AND WEINBERGER TO PROVIDE CONSULTANT SERVICF_q REGARDING SDGIE
AUGMENTATION PRO~ECT AND APPROPRIATION TI~OF
Respectfully submitted,
BEVERLY A. ALrrHELET, CMC, City Clerk
Vicki Soderquist, Deputy ~ty Clerk