HomeMy WebLinkAboutcc min 1990/06/12 MINDTES OF A REGUIA~ MEETING
OF THE CITY OF CHULA VISTA
Tuesday, June 12,1990 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers McCandliss, Moore, Nader, and Mayor Cox
(Mayor Cox arrived at 6:35 p.m)
ABSENT: Councilman Malcolm
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beverly
A. Authelet, City Clerk
2. PIJ~r',GE OF .ALIJ~GIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OFMINUTES: None
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by the Chula Vista Girls Softball League regarding their playing fields.
Rosetta Shanks, representing the Chula Vista Softball League, presented Council with petitions requesting
the City correct the inequities between the facilities utilized by the boys and girls leagues.
Hal Cooper stated he had presented the Parks and Recreation Department with a proposed program to
upgrade the girls league facilities. He requested Council authorize the staff to negotiate with the parents
regarding this proposal. Parents have volunteered to do much of the work under the supervision of the City.
MS (McCandllss/Moore) refer to staff with a report back to Council.
Jerry Foncerada, Acting Parks and Recreation Director, stated he had met with the public works
superintendent regarding the drainage channel and they will be taking immediate action for remedial
repairs. In renovating for Terra Nova, there will be a backstop available for the girls softball field.
Regarding the rest of the requests, he would need time to further evaluate with a report back to Council
within a month.
VOTE ON MOTION: Approved 3-0-2 with Mayor Cox and Councihnan Malcolm absent.
b. Presentation by Allen Baytop, United Way Associate Campaign Director, of a plaque to Mayor Cox
for the Chula Vista employees participation in the 1989 United Way Campaign.
Mr. Baytop presented a plaque to the City and employees for being a "Pacesetter" by increasing their
contribution by 10%.
City Manager Goss recognized Ken Larson for his participation in this program.
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Page 2
June 12, 1990
)
c, Reappoinmaents of Board and Commission Members to second terms:
Board of Appeals and Advisors: Commission on Aging
Myrl McArthur ]qT0~, Mary Kay Dennison
Human Relations Commission: Parks & Recreation Commission:
John Allen ,$/707 John Willerr I'~'/9,
Resource Conservation Commission: Safety Commission:
Robert Fox /q?P8 William Koester 7q~/3
Board of Ethics:
David Ferguson/q7~9 Donald Swanson
Growth Management Committee:
Hugh Christensen Harry Hillock
Steven Hann ~'%l?le) Nancy Palmer
Frank Tarantino
MSC CNaderAMcCandliss) reappoint the Board and Commission Members to second terms. Approved 3-0-2
with Mayor Cox and COUllr~man MaICObll absent.
CONSENT C~I .I~.NI)AR
(Items pulled: 5b, 14, 16, 17, 19, 19-1) ..;
BALANCE OF THE CONSENT CAI.RNDAR OI'F,u_.RFA) BY COUNCILMAN MOORE, reading of the tens was
waived, passed and approved 3-0-2 with Mayor Cox and Councilman Malcolm absent.
5. WRI-I-I-F. aN COMMUNICATIONS:
a. Requesting an investigation into the absence of an all-way stop at the Oxford/Oleander intersection,
since there is already stop signs posted at the east/west cross street but none at the north/south cross street.
This is a very busy intersection. Gary & Michelle Matthews, 1188 Oleander Avenue, Chula Vista, CA 92011.
Is recommended this request be referred to staff and Safety Commission. ~7]~'
b. Letter requesting the Council waive any of the chargeable fees for the annexation of the El Rancho
Vista and El Rancho V'~sta North properties into the City of Chula Vista - Arthur J. Johns, Attorney at Law,
721 Third Avenue, Chula Vista, California 92010. Staff recommends that the item be filed. Staff has
determined that the previous prezoning of the property in 1971 and 1981 to RI-IO and Rl-15 is still valid
and appropriate. No further applications and fees are required in addition, any fees associated with
establishing a sewer assessment district will be folded into the district. Pulled from Consent Calendar
Arthur Johns, 70 El Rancho Vista, Chula Vista, California, requested a resolution from the Council regarding
his request.
MSC (Nader/Cox) to acknowledge Mr. Johns letter and reaffirm Councfl's intent to move ahead with the
assessment district at the appropriate time. Approved 3-0-2 with Councilmembers McC. andliss and Malcolm
absent
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Page 3
June 12, 1990
c. Clalrn~ against the City. It is recommended by the City's Risk Management Division and the City's
legal counsel that the following claims be denied: /~'/~,
Cass Construction Company, c/o Royce, Grimm, Vranjes, McCormick & Graham, Attorneys at Law, 18S West
'F' Street, Suite 200 San Diego, CA 92101. There is a hold harmless agreement between the developer and
the City.
Rick Engineering Company, c/o Dennis J. Su3,ker, Attorney at Law, 5620 Friars Road, San Diego, CA 92110.
There is a hold harmless agreement between the developer and the City.
Mr. Calvin Wishkeno, c/o Michael T. Murphy, Attorney at Law, 535 "H" Street, Chula Vista, CA 92010. The
City has neither jurisdiction nor control over transit complaints.
Mr. Jessie Daniel Martin, c/o William H. Calhoun, Attorney at Law, 815 Third Avenue, Suite 306, Chula
Vista, CA 92011. There is questionable liability.
Ms. Adeline Miller, c/o F. James Bear, Attorney at Law, 616 National City Boulevard, National City, CA
92050. There is questionable liability.
6.A. ORDINANCE 2373 AMENDING MASTER FEE SCI-IEDULE TO ALLOW REFUND OF FRKq (second
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 second reading. (City Attorney)
B. ORDINANCE 2375 AMENDING SECTION 3,45.010 OF THE CHULA VISTA MUNICIPAL CODE
DF. LRGATING AUTHORITY TO THE {.;HY MANAGER TO WAIVE F~F_~ LIIifF. D ON THE MASTER FEE
SCHEDULE (tint teadinE) - Ordinance proposes a modification which will deFme the City Manager as the
Waiving Authority where the mount of the waiver is the greater of either (1) $2,500 or (2) 2S% of the fee
imposed by the master fee schedule, and in such case, the decision of the City Manager can be appealed to
the City Council. Staff recommends placement of ordinance on first reading. (City Attorney) /q ~/fl
7. ORDINANCE 2874 ADOPTING PCA-90-0S: AMENDMENTS TO 'IrlLE 19 OF THE MUNICIPAL
CODE TO DF].F. TE PROVISIONS WHICH WOULD REQUIRE REZONING, PLANNED UNIT DEVELOPMENTS,
PRECISE PLANS, CONDITIONAL USE PERMITS ~ VARIANCES TO BE PROCESSED WITH A SPECIFIED
NIB/IBER OF DAYS - CITY INITIATED (second readinyD - Staff recommends placement of ordinance on
second reading and adoption.
8. RESOLUTION 15663 FINDING COMPENSATION OF UNREPRESENTED CITY Y,,MPLOYF-F_c:
UNFIXEDAND UNCERTAIN - Constitutional constraints surrounding the City's ability to alter compensation
of its employees after service has been rendered and requires the City Council to adopt the resolution
making the Finding that compensation for unrepresented City officers and employees is 'unfixed and
uncertain" on and after July 1, 1990. Staff recommends approval of resolution. (Assistant City Manager)
9. RESOLUTION 15664 APPROVING COMPUTER FACII rilES MANAGFaMF_.aXvF CO~ WFfH EDP
MANAGEMENT, INC. - The current one-year contract with EDP Management expires June 30, 1990. Since
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June 12, 1990
the Fmn's performance under the contract has been very satisfactory, a new one-year agreement has been
negotiated with EDP Management to become effective July 1, 1990. Staff recommends approval of
resolution. (Deputy City Manager)
10. RESOLUTION 15665 APPROVING AG~F-EMEhrr WITH THE ACCOUNTING FIRM OF DEL0t rl-l~
AND TOUCHE FOR AUDITING SERVICF_~ - The City Charter requires an annual independent audit of the
City. The current three-year agreement with Touche Ross terminated with completion of the June 30, 1989
audit report. Staff recommends selection of Deloitre and Touche to provide audit services for fiscal years
1989-90, 1990-91, and 1991-92. (Director of Finance) l~/~,~.~
11. RESOLUTION 15666 APPROVING APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-
Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR NORMAN PARK CENTER
RENOVATION - During the FY 1989-90 CIP Budget process, the City Council approved the allocation of
Roberti-Z'berg-Harris Urban Open Space and Recreation Program grant funds for Norman Park Senior
Center. The project was m receive funds from both Proposition 70 CRoberti-Z'berg-Harris) and Proposition
99 (cigarette tax). However, funds were never appropriated by the State from Proposition 99 for park
purposes. An application for the revised grant amount has been submitted to the State. As part of the grant
application, a resolution by the City Council approving submittal of the application must be sent to the State.
Staff recommends approval of the resolution and submittal of the grant application. (Acting Director of
Parks & Recreation)
12. RESOLLrHON 15667 ALrrHORIZINGTHEMAYORTOEXECUTEACONTRACTFORFIRE'~ORKS
DISPLAY AND ENTERING INTO INDEMNIFICATION AGREt~MENTS - Planning is being fmalized for the
annual fourth of July Fireworks Display to be held at the Chula Vista bayfront. The event has been highly
successful during the past several years and is expected to draw even larger crowds this summer. The Citys
Fireworks Committee and subcommittees have met on several occasions in preparation for the event. Staff
recommends that Council adopt the resolution authorizing the Mayor to execute a contract with San Diego
Fireworks, Inc. for the 1990 fnceworks display and to enter into an Indemnification Agreement with Rohr
Industries for the use of their parking facilities and with the San Diego Unified Port District. (Acting
Director of Parks &Recreation) ) q ~'2~
13. RESOLUTION 15668 APPROVING AGREEMENT WITH CALTRANS FOR ISSUANCE OF MINOR
ENCROACHMENT PERMITS IN STATE RIGHTS-OF-WAY -Agreement with Caltrans allowing citizens to
receive minor encroachment permits in State rights-of-way within Chula Vista City limits from the City
eliminating the necessity of dealing with two govemmental agencies. Staff recommends that Council adopt
the resolution and authorize the Mayor to execute said agreement. (Director of Public Works) 15 )25
14. RESOLUTION 15669 APPROVING A CON'HL~CT FOR CONSULTANT PROFESSIONAL SERVICES
FOR METROPOLITAN SEWERAGE SYSTEM MA'I'I'ERS AND CITY SE~qF_.R MA-rI-EI1S - To approve a contract
with Bill Harshman to retain his professional sexyices for one year through June 30, 1991 as a consultant
for Metro and City sewerage system matters. Staff recommends that Council adopt the resolution approving
the contract and authorizing the Mayor to execute said contract. (Director of Public Works) Pulled from
Consant Calendar
Councilman Nader expressed his concern that the City was moving ahead with Metro II rather than looking
at alternatives, as directed by Conneff. He wanted assurances that staff is looking at alternatives.
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June 12, 1990
City Manager Goss responded that the report was being fmalized by the consultants regarding the
alternatives to Metro If. The report should be ready for Council review in approximately one month. There
is a proposal in the capital improvement program for additional consultant assistance, whether the City stays
in Metro or removes itself.
RESOLUTION 15669 OFFIdalED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Coune~man Malcolm absent.
15. RESOLLrHON 15670 ACCEPTING CONTRACT WORK FOR THE REMODEKING OF THE
ADMINIb-rRATIVE WING OF (2-tY HALL, 276 FOURTH AVENUE, CHULAVISTA, CALIFORNIA - On December
5, 1989, Council awarded, by Resolution No. 15418, a contract to J. Fife Construction for the remodeling
of the Administrative Wing of City Hall. The work is now complete. Staff recommends approval of
resolution accepting the contract work. (Director of Public Works)
16. REPORT ON SPRRD CONTROL FOR CANYON DRIVE AND COUNTRY VIST.a.S LANE -
Area residents are requesting that something be done about the vehicular speed on Canyon Drive and
Country Vistas Lane. Staff recommends that Council: 1) accept staff's report, 2) install an all-way stop at
the intersection of Canyon Drive and Country Vistas Lane, 3) install curve warning signs, 4) add a centerline
stripe, and, S) establish a 30 mph speed limit. (Director of Public Works) Pulled from Consent Calendar
Alex Lievanos, 1S65 Country Vistas Lane, Chula Vista, California, spoke in opposition to four of the five items
recommended by staff. He asked Council to: 13 consider and accept the collective requests of the residents
of the two streets to install all-way stops on Country Vistas Lane, Sandy Creek Drive, Cherry Hills, Canyon
'Drive, Cumbre View and Via Hacienda, where they intersect with Canyon Drive at Country Vistas Lane, and
2) not to accept stales recommendation to install curve warning signs, adding center lane stripes and
establishing a 30 mile per hour speed limit.
dim Kelley, 565 Canyon Drive, Bonita, California, representing Bonita Long Canyon residents, spoke in
opposition to the staff recommendations. He presented petitions and letters to the Mayor and stated the
recommendations were unanimously voted upon by the residents. He proposed: 1) installation of all way
stops at Canyon Drive and Country Vistas Lane, Canyon Drive and Via Hacienda, Canyon Drive and Cumbre
View, Count~ Vistas Lane and Cherry Hill, and Country Vistas Lane and Sandy Creek; 23 maintain the
current speed limit of 2S miles per hour; 3) post no signs; 4) add no centerline; and S) continue, the high.
level of patrol and radar activity in the area.
Councilman Nader stated there was a provision for a 2S mile per hour speed limit in a school zone and
questioned if this area would qualify.
Councilwoman McCandliss questioned the need for the intersection of Country Vistas and Sandy Creek.
Mr. Kelley stated there is a lot of traffic with a blind corner and a substantial downhill grade.
Greg Fey, 448 Sandy Creek, Chula Vista, California, stated the residents were concerned about speeders
passing other vehicles and he felt the stop signs would prevent this from happening. He further stated there
was no safe place to cross the streets and requested Council approval on their proposals.
dim Honk, S64 Canyon Drive, Chula Vista, California, felt the addition of a centedine would affect their
property values and would be ineffective.
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June 12, 1990
Councilman Moore felt the proposal presented should be reviewed.
Councilman Nader stated that based on what he had heard tonight, he would be willing to install the five
stop signs on a trial basis along with the utilization of the device which flashes the speeds at passing
vehicles. After the installation of the stop signs, he would recommend a new speed survey. He questioned
whether the speed limit could then be posted at 25 m.p.h. upon that information and requested the City
Attorney to report back to the Council on this item.
RESOLL1TION 15671 ESTABLISHING AN ALL-WAY STOP AT CANYON DRIVE AND COUNTRY
VISTAS LANE - (Director of Public Works)
MSC (CoX/Nader) to approve Resolution 15671, apprnved 4-0-1 with Councilman Malcolm absenL
MSC (McCandliss/Nader) to approve stop signs at Canyon Drive arid Via Hacienda, Canyon Drive and
Cumbre View, Country VLstas Lane and Cherry Hill, and Country Vista Lane and Sandy Creek for a six
month trial period, with a report back to Counc~ at that time. Staff is also requested to evaluate the
elevated manhole cover that is creating an obstruction. /Loproved 4-0-1 with Councilman Malcolm
absenL
Councilwoman McCandliss noted how unusual it was to install five stop signs. She felt there were other
areas within the City with the same problems and stressed how important it is to evaluate each area
individually.
Mayor Cox stated the goal was to try and encourage people not to drive through the neighborhoods as a
short cut. He would support the motion with a report back to Council in six months.
....
Councilman Nader referred to the problems in enforcing speeds due to the state law and requested an item
placed under his comments for the next meeting - 'direct legislative advocate to seek legislation that would
ease those restrictions and would allow the City to enforce speed limits with radar based on safety conditions
rather that on average speed'.
PESOLOT[ON 15672 ESTABLISHING A 30 MPH SpRRD LIMIT ON CANYON DRIVE AND
COUNTRY VISTAS LANE - (Director of Public Works) No action taken.
17. REPORT ON SEWER RATE INCREASE - The San Diego region is about to embark
on the largest public works project in county history. This report will recommend a series of rate increases
that will be adequate to generate the funds necessary to pay the anticipated costs for the next 14 yearn for
the upgraded sewer system. Staff recommends that Council set July 17, 3.990 public hearing on this matter,
direct staff to initiate steps with the Water Distr~ct to have a series of rate increases beginning summer of
3.990 with an increase from $8.70 per month to $11.00 per month and increasing for the next ten y;;;;t .'
11 percent per year. (Director of Public Works) Pulled from Consent Calendar
Councilman Nader stated he could not support a sewer rate increase as the City did not know what program
they would be participating in.
City Manager Goss responded this action would set a public hearing and he felt this should have been before
Council six months ago. Me stated there was a real need to develop the revenue necessary not only to cover
the operation of the sewer system, but also to pay the additional costs charged to the City by Metro Sewer,
which is run by the City of San Diego. ~
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June 12, 1990
MSC (Nader/McCandliss) to ask for confidential memo from the CAty Attorney regarding the contractual
obligations between Mel~o and the City of Chula Vista, specifically their obligation to provide capacity end
the Cit~fs obligation to buy into: a) expanded capacity, and b) water dean-up measures. Appreved 4-0-1
with Counc~'Iman Malcolm absent.
City Attorney Boogaard stated he would like to reserve the right to determine whether the memo should
remain confidential.
MSC (CoX/Moore) to accept the report Approved 4-0-1 with Councilman Malcolm absent.
18. REPORT REQUEST TO CONDUCT BICYcI.R RACE - Nicholson Cycling Productions,
a professional race organizer, is requesting permission to conduct a bicycle race (criterion) in the EastLake
area on Sunday, September 23, 1990. Staff recommends that Council accept report end approve the request.
(Acting Director of Parks &Recreation) /z/~'5'c~
19. REPORT REGARDING REQUEST FOR PROPOSALS FOR OPERATION OF THE
VISITOR INFORMATION CF2q'rER - Charles Costa Enterprises, the current operator of the Visitor Information
Center at the Bayfront Trolley Station, has indicated he will not be able to continue to operate the center
beyond mid-September 1990 under the terms of the existing contract. Staff recommends that Council
authorize the issuance of a Request for Proposals for the operation of the Visitor Information Center.
(Deputy City Manager) Pulled from Consent Calendar ]q7C3]
Margaret Teague, 444 Camino det Rio South, Suite 106, San Diego, California, Law Firm of Armstrong and
Teague, representing Charles L. Costa, stated Mr. Costa has not made a profit on the Chula Vista Information
Center. They are in support of the staff recommendation and have proposed two plans. They will be giving
notice of their intent to terminate the existing contract with the City. The termination date proposed is July
31, 1990.
City Attorney Boogaard questioned whether Ms. Teague was providing notice of termination or wilt be
providing notice of termination.
Ms. Teague responded that a written notice will be delivered tomorrow. She stated their concern was the
sixty-day notice without cause. Due to insurance requirements they would like to vacate on July 31, 1990
with the understanding there is no breach on either parties side. This is under the sixty-day notice and they
realize this would have to be cleared through the City Artorney's office.
City Attorney Boogaard stated the City may terminate the contract on the sixty-day notice, but subjects the
lessee to a three year term. The suggestion that this is a bilateral clause is an interpretation that requires
some application of case law to this contract that may or may not pertain in this case. Subject to further
.research, it may be that the lessee may not have the authority to terminate the agreement.
Mayor Cox stated it would be advisable to have something in writing, notifying the City of their intent to
terminate the agreement.
Councilman Nader questioned if there were conditions that could be changed to turn this around.
Ms. Teague responded they have been working with staff, but do to certain conditions placed by the City,
and lack of cooperation by the businesses in the City there does not appear to be a successful answer. The
two proposals given to the City require subsidies to the lessee.
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June 12, 1990
MSC (CoX/MeCaudllss) to accept file report_ Approved 4-0-1 with Councilm~n Malcolm absent.
Jim Thomson, Deputy City Attorney, stated the RFP is drafted to not only to allow, but to encourage a broad
spectrum of proposals. He also stated file contract with Mr. Costa had been modified three times. The City
has approached IV'ft. Costa regarding a new proposal but staff feels it inappropriate to modify the contract
to include the amount of subsidy requested without obtaining RFP's.
Charles L. Costa, 840 3M, Chula Vista, California, stated this had been a three year experiment and he felt
his hands had been tied from day one. If file City wants service, they should be willing to pay for it. There
must be unlimited abfiity to advertise anything he or a new operator wants to advertise. He stated he did
not want to deal with the selling oftralley tickets and noted the bookkeeping problems also involved in Lheir
sale.
Councilman Moore questioned whether anyone would be able to succeed without eommereialization or
subsidy. He felt there needed to be a policy from Council.
MSC (Cox/Moore) to have staff identify funding sources. Staff is also to follow-up with MTDB regarding
the financial assistance riley could provide, either relmbm"sing the City for the increase in revenues generated
by rh i~ facility or ways riley might participate in financially assisting the operation of the visitor information
center. Approved 4-0-1 with Councilman Malcolm absent.
Councilman Nader stated he wanted to see the subsidy kept down even if it meant more eommereialization.
19-1. RESOLUTION 15675 APPROVINGANADDITIONALFYg0-91 CLAIMFORTHEFYgO-912%NON-
MOTORIZED TRANSPORTATION DEVELOPMENT ACT FUND - Annually the City of Chula Vista submits a
list of projects for inclusion in the Five-Year Implementation Program of the Non-Motorized Element of the
Regional Transportation Improvement Program (RTIP). Staff has prepared and forwarded to SANElAG a draft
plan for construction of bicycle lanes and routes. The Parks and Recreations Department has requested file
inclusion of a new project which involves file installation of a pedestrian/bicycle bridge which crosses the
Sweetwater River immediately east of and parallel to the Willow Su'eet bridge. Staff recommends approval
of the resolution. (Director of Public Works) Pulled from Consent Calendar ]~47~;~
Councilwoman MeCandliss stated she would like to have a policy developed for the City that would clearly
state the City will do off-road bike paths for travel on major roadways.
RESOLUTION 15675 OFFId. RED BY COUNCILWOMAN MCCANDLISS, read/rig of file text was waived, passed
and approved 4-0-1 with CouDeflman Maleolin absent.
MSC OVIcCandliss/Nader) to set policy for olf-rnad bike paths off major and aerial roads. Approved 4-0-1
with Councilman Maleolin absent.
MSC (MeCandliss/Nader) to refer to staff the question of developing, on file maintenance road, an off-street
bike path on Telegraph Canyon Road./Loproved 4-0-1 with Councilman Meleolm absent.
* * END OF CONSENT CALENDAR * *
PUBLIC FlEARINGS AND RETATED RESOLUTIONS AND ORDINANCES
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June 12, 1990
20.A. PUBLIC HEARING PCC-90-2SM: APPEAL OF PLANNING COMMISSION'S DENIAL OF
CONDITIONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY- BROADWAY EQUITIES
LTD. (continued from 5/8/90 at the request of the applicant) Staff recommends approval of the appeal of
the Planning Commission's decision on PCC-90-2SM subject to staff conditions. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
Robert Leiter, Director of Planning, stated Council had heard two appeals by Broadway Equities at the
5/15/90 meeting. Staff has drafted conditions and met with the Montgomery Planning Committee. Staff
is recommending approval of the conditional use permit with the conditions. There is one minor difference
in wording from the staff report and the resolution in Condition #10. Staff recommends the language in
the resolution, as the Montgomery Planning Committee has recommended the money not be used for
maintenance.
Councilman Nader stated the recommendation from the Montgomery Planning Committee was to deny the
CUP. The recommendations were listed contingent upon the Council granting the CUP.
Bob Kolodny, 11975 El Camino Real, San Diego, California, representing Broadway Equities, stated the
applicant has worked with the commissions and the staff and has agreed to all conditions. They have
received cooperation from SDG&E, who have agreed to make their improvements a condition of the
conditional use permit.
Paul L. Greene, 141 Lotus Drive, Chula Vista, California, representing the Greene family homestead,
referenced his past legal problems with the City of Chula Vista.
Pat Barnes, representing SDG&E, stated SDG&E has agreed to move forward with the public improvements
on the west side of the easement. The funds have been allocated, a work order issued, and engineering has
begun.
There being no further public testimony, the public hearing was declared closed.
PESOLOTION 15674 GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF
A RECREATIONAL VEHICle-STORAGE LOT OPERATING AT 1375 BROADWAY- BROADWAY EQUITIES,
LTD.
RESOLUTION 15674 AS AMENDED OH~'HtF_D BY MAYOR COX, reading of the text was waived, passed and
approved 4-0-1 with Councihnan Malcolm absent. The amendment to Condition #10 of the resolution
add 'the money from the mitigation fee will be set aside for park projects in the Montgomery area'.
Councilman Moore questioned the sixty day time frame included in Condition #9 and whether it should be
removed.
City Attorney Boogaard responded the condition was written because SDG&E was the landlord on the site.
Mr, Leiter stated the condition was reviewed by the applicant and SDG&E and was agreed upon by both
parties.
Councilwoman McCandliss questioned what procedure will be utilized for ongoing monitoring.
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Jane 12, 1990
Mr. Lelter stated a staff member will be assigned to the project to insure the time frames contained in the
conditions are being met. The applicant will also have to submit an annual report.
Paul L. Greene, 141 Lotus Drive, Chula Vista, California, inquired about the appeal procedure. He stated
he wanted to noti~ the Council of his intent to appeal Council decision.
21. PUBLIC HEARING PCS-89- ~2: CONSIDERATION OF TENTATIVE SUBDMSION MAP FOR SUN-
UP VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT - Staff recommends approval of the
resolution. (Director of Planning) (continued from 06/05/90 meeting) /qT~/
This being the time and place as advertised, the public hearing was declared open.
Coancilman Moore stated he would abstain from voting on this item due to the proximity of his home to
the project.
Councilwoman McCandliss questioned if there was a guarantee to protect the canyon area as natural open
space.
Robert Leiter, Director of Planning, stated anything other than landscaping or incidental garden structures,
including grading or grubbing, must be approved by the City. The intent is to retain this as an open space
area. To set up the mechanism for an open space district or homeowners association would be costly due
to the small size of the project and staff felt it was easier to attach it to the lot. The area will not be public
open space.
Councilman Nader requested a verbal report regarding the Citys current landscaping policy as to conditions
on drought tolerant plants and tentative maps.
Angle Tubao, 3845 Allen School Road, Bonita, California, representing Gold Key Development, stated they
have complied with all requests from the City. If the City wants to have drought tolerant plants, they will
do so. She felt it was anfair that the project has taken so long and requested Council approve the project.
Noelle Battrick, 70 El Capitan Drive, Chula Vista, California, spoke in opposition to the project. She stated
there will not be a bridge in the project. She also expressed her concern regarding the open space and any
grading that would be done. She also requested spark arresters be placed on the chimneys.
Mr. Leiter stated there was no plan for grading at this time. He felt the City could deal with any fire hazard
or require the owner to deal with the issue.
There being no further public testimony, the public hearing was declared closed.
RESOLLrTION 15659 APPROVING PCS-89-12 THE TF2qTATFv'E SUBDB/ISION MAP FOR SUN-UP
VISTA, CHULA VISTA TRACT 89-12 - GOLD KEY DEVELOPMENT
RF.~OLUTION 15659 OFFF_Y, ED BY MAYOR COX, reading of the tex~ was waived.
Coancilman Nader requested the following be added to the conditions of PCS-89-12: 1) Condition #1 -It
is the intent of the City to maintain this parcel as open space. 2) add condition - Native and drought
tolerant landscaping be used.
Mayor Cox stated he would incorporate this amendment into the resolution.
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June 12, 1990
VOTE ON RESOLUTION 15659 AS AMENDED: Approved 3-O-1-1 w/th Councilman Moore abstaining and
C01LUlnlrnal] ]~a]coIm absent.
22. PUBUCHY. ARING PCZ-90-K-M: CITY-INITIATED PROPOSAL TO R.KZONE CERTAIN
TERRITORY, GENERALLY BOUNDED BY MAIN b-I'I~ET, RIOS AVENUE, TH~ AGRICULTURAL LANDS
ADJACE. NT TO THE OTAY ~ VAt J .k'y, AND A LINE 310
ADOPTED COUNTY ZONE CI.ASSI~ICATIONS TO CITY CLASSIEICATIONS ~'lll.lZRr~ THROUGHOUT CHULA
VISTA -(Director of Planning) (continued to 06/26/90meeting)
MSC (~Zox/McC. andliss) to continue PCZ-90-K-M to the Council meeting of July 10, 1990. Approved 40-1
with Coune~man Malcolm absent.
23.A. PUBUC HEARING PCZ-89-M: REQUEST TO PIlEZONE 11.7 ACRES LOCATED SOLrFHERLY
OF LYNNDALE LANE, NORTHERLY OF EAST *IT' SI1F~T AND F, Ab-i P, P,I,Y OF THE 1-805 FREEWAY, TO R-E-
P - CAMEO DEVELOPMENT COMPANY - (Director of Planning) /~7~
This being the time and place as advertised, the public hearing was declared open.
Robert Leiter, Director of PIning, stated LAFCO has reviewed and approved the project.
Mayor Cox questioned what LAFCO's response would be if the CalTrans tight-of-way were to be included
along with the full interchange. Due to police response and health and safety he felt it would be better to
annex this area also.
Mr. Leiter stated staff would have to follow-up and report back to Council.
Aaron H. Kolkey, 5125 Convoy Street, San Diego, California, representing Cameo Development Company,
spoke in favor of the Planning Commission and staff recommendations.
Richard J. Lott, 9619 Chesapeake Drive, San Diego, California, representing Xino's Enterprises, civil engineer
for the project, felt the tentative map represented a sensitive design which preserves the open space area.
Judy T. Basante, 3112 Lynndale Lane, Chula Vista, California, spoke in opposition to the staff
recommendation. She noted the difference of nine versus seventeen homes and her concern over the
emergency response to the area due to the dead end street. She questioned what the guarantee would be
that the four existing lots would not be forced to annex into the City at some future date. She stated she
is the only property out of the four, that will really suffer if the project is developed.
Mr. Leiter stated the proposed zoning, R-E-P, requires a minimum average of 20,000 square feet. Due to the
sensitive nature of the project, one lot has been reduced to 10,000 and one to 7,500 square feet. There is
no intent or requirement to bring in any other properties with this project.
Mayor Cox informed Ms. Basante that if 50% of the property owners wanted to annex, they could be forced
to annex into the City.
Mr. Leiter stated the fire safety access to the project meets the City's standards and was reviewed by the fire
marshall. The street will be a public street which is maintained by the City.
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Page 12
2une 12, 1990
Paul Manganelli, Project Consultant, stated there are four driveways that will be involved. The developer
is being required to provide driveway access locations on City property. He believed that if the property
owner did not desire a change, they would not be required to do so,
City Attorney Boogaard stated failure to reach an agreement would require a waiver of the condition prior
to the recording of the f'mal map.
Mr. Lott stated the three driveways on the west side create a sight-distance problem. They need to be
brought into the street at a perpendicular angle, The City has an ordinance which requires any driveways
placed adjacent to a public street be brought into the street perpendicular so there will not be any safety
problems.
Mayor Cox questioned whether there would be a problem in keeping the driveway on Lyrmdale Lane for
parcel one.
Mr. Leiter stated staff agreed that condition could be removed due to the lack of Irafile that oeeurs there,
Mr. Lott stated they have met with all other property owners regarding the driveways and they have all
agreed.
Mr. Leiter stated the condition, rather than being deleted, could be expanded to require review by the City
Engineer for the driveway on parcel one, due to safety concerns.
There being no further public testimony, the public hearing was declared closed.
Councilman Nader questioned whether the Resource Conservation Commission reviewed the project.
Mr. Leiter responded that they review all environmental determinations on projects. They did not take
action or discuss the project.
Councilman Moore expressed his concern over the size of the lots and the doubling of density due to credits
given for the open space area.
Councilwoman McCandliss stated she was also concerned over the environmentally sensitive area of the
canyon. She did not feel the meaning of the zoning or the land use pattern was being met by this project.
ORDINANCE 2376 ADOPTING PCZ-89-M (tiEr reading)
B. PUBLICHFARING -PCS-90-06: REQUEST TO SUBDM DE11.7 ACRES KNOWN AS LYNNDALE
HILLS, CHLrLA VISTA TRACT 90-6, INTO 17 SINGLE-FAMILY DETACHED LOTS AND ONE OPEN SPACE LOT
- CAMEO DEVELOPMF.2qT COMPANY - (Director of Planning)
RESOLUTION 1S673 APPROVING PCZ-90-06
MS CMeCandliss/Nader) to deny Ordinance 2376S and Resolution 15673.
Mayor Cox stated the project has been reviewed by the Resource Conservation Commission and approved
by the Planning Commission. He noted many of the lots surrounding the project are smaller in size and he
felt the project was well laid out. He could therefore not support the motion.
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Page 13
June 12, 1990
Councilman Nader stated the size of lots was not his concern, but the number of lots. He agreed with
Councilman Moore regarding the giving of credits for open space as felt the area was environmentally
sensitive.
Councilwoman McCandliss felt there could be larger lots, and would personally like to see this.
VOTE ON MOTION: Approved 3-1-1 with Mayor Cox voting no and Counc~'lman Malcolm absenL
OTHER BUSINHBS
24. ORAL COMMUNICATIONS
24a. Kay Everitt, 469 Emerson Street, Chula Vista, California, referenced a letter she had addressed to
the Mayor and Council on March 27, 1990 regarding the proposed Villa del Rey condominiums on Fifth
Avenue and Oxford Street. She had not been contacted by the City regarding her correspondence.
Deputy City Manager Krempl stated the Planning Commission held a hearing on this item on March 14, 1990
at which time the project was approved with conditions. The action of the Planning Commission is final
unless appealed and therefore would not come before the Council.
MS (McCandliss/Nader) to refer to staff to determine if this was a qunli~ed appeal, with a report back to
Council on Thinsday.
Deputy City Manager l(rempl stated the letter would not constitute an appeal as there is an application fee.
This was made clear at both the Montgomery Planning Committee and the Planning Commission hearings.
City Manager Goss stated there was a problem with the letter not being responded to, and if sent to the
Councfi it should have been on the agenda.
Deputy City Manager Krempl stated staff would meet with Ms. Everitr and review the conditions placed on
the property. Council could request the Planning Commission reconsider this item. The letter came in after
the normal appeal time limit and he noted the Commission does explain the appeal process during each of
the public hearings.
VOTE ON MOTION: Approved 3-0-2 with Mayor Cox and Councilman Malcolm absent,
24b. Dr. J. O. Lee Solomon, 1640-57 Maple Drive, Chula Vista, California, stated in his campaign for
Mayor he has received many questions from the public. He will ask these questions from Council and
respond back to the public with their answers.
24c. Victor A. Nolan, 12 Via Barbarini, Chula Vista, Califomia, referenced the need for senior housing in
the community. He questioned whether the Council could deny a tentative map if senior housing is not
provided.
24d. Fran Burger, 310 Broadway, Chula Vista, Califomia, Vegas Club Cardroom, requested that Council
reconsider the tabled items for the cardrooms. It has been five or six months since this was heard and he
would like the cardroom issue readdressed.
Councfiwoman McCandliss stated 'hold-era' was tabled until the legality issue was resolved.
Minutes
Page 14
June 12, 1990
24e. Paul L. Greene St., 141 Lotus Drive, Chula Vista, California, representing the Greene family
homestead, referenced his past legal problems with the City of Chula Vista.
25. ITEMS pUIJ.Rr} FROM THE CONSENT CALENDAR (Items: 5b, 14, 16, 17, 19, and 19-1) Minutes
reflect the published agenda order.
26. CITY MANAGF~'S REJ~RTfS)
a. Reminded Council there would be a budget worksession on Thursday at 6:00 p.m.
b. Distributed a report on the status of interchange improvements along I-5 and 1-805.
27. MAYORS REPORT{S)
a. Vacancies on Montgomery Community Planning Commiv~ee - Stated the terms expire in January and
the members have nvo year tens.
MSC (Co~loore) to make the Montgomery COrnmtlnity Planfling Committee appointments four year terms
and have the terms expire on June 30th, which is consistent with other boar& and commissions. Approved
4-0-1 with Counc~man Malcolm absenL /~
28. COUNCIL COMMENTS
a, Councilman Moore:
Reverse Osmosis Data -- Cost and effect for volume equivalent to Chula Vista population as pare of a potable
water source. Recommendation for a potent/al staff study.
MSC (Moore/Nader) to refer to staff for a study with a breakdown in three parts: 1) Bay~'onr, 2) Sweetwater
Authority, and 3) Otay Water Dislrict with a report back to Council in six months. Approved 40-1 with
Councilman Malcolm absent
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, stated this would help to reduce the polluted water
in the Bay and would provide a large amount of water to the community.
b. Councilman Nader:
Expanded Distance for Notice Requirement -- wishes to have the Council deliberate on the maker of referring
and repotting back to them the preparation of an expanded mandatory notice ordinance in all situations
where notice is legally required to be given culTently by law.
Stated he would like to see notification expanded to include those residents outside of the 300 foot radius
mandated by state law, if the impacts were perceived to reach past that area.
MSC (Nader/Cox) to refer to City Attorney for a report back to Council with draft ordinance. Approved 4-0-
1 with Councilman Malcolm absent.
-.:
Minutes
Page 15
June 12, 1990
City Attorney Boogaard informed Council that when notice is expanded beyond what is legally required, it
triggers due process rights to interested parties. He proposed a specific distance limitation be included that
is definable and quanti~able so everyone knows the distance in which notice would have to be provided.
c. Councilwoman MeCandliss:
Questioned ff the final submittal of the plans for the Sth Avenue improvement of L Street to Naples had
occurred.
John Lippitt, Director of Public Works, stated Councilwoman McCandliss had the updated schedule and the
consultant is being penalized for the delay of the original contract.
ADJOURNMENT
The meeting adjoumed at 10:50 p.m. to a Joint City Council/Redevelopment Agency meeting immediately
following the Council meeting to discuss:
RESOLUTION 1087 AUTHORIZING TRANSMITrAL OF REDEVELOPMENT DOCUMENTS FOR
THE SOUTHWESTERN REDEVELOPMENT PROJECT AREA, AND APPROPRIATE $25,000 FROM THE
UNAPPROPRIATED BALANCE OF THE BAYFRONT/TOWN CEN'13~ BOND FUND FOR ASSOCIATED COSTS
CRedevelopment Action)
RESOLUTION 15661 ESTABLISHING PRO(YA)URES FOR THE FORMATION OF TI{ SOUTHWEST
RKDEVEhOPMENT PROJECT AREA COMMI'I'I'Ed] C~AC') (City Council Action) /q73~
ORDINANCE 2377 ESTABLISHING THE AUTHORITY TO FORM SUBCOMMI-H-~:~-~
CONSISl]NG OF NOT MORE THAN 'fWO OF ITS MEMBERS FOR THE PURPOSE OF PERFORMING
EXECUTIVE OR ADMINISTRATIVE FUNCTIONS (City Council Action)
RESOLUTION 1088 AUTHORIZING THE FORMATION OF THE 1669 BRANDYWINE
SUBCOMMI'I'I'F_..F_. TO NEGOTIATE NOISE MITIGATION AMENDMENTS TO THE SUDBERRY PROPERTIES,
INC. OWNER PARTICIPATION AGR~I~MENT (Redevelopment Action)
The City Council resumed at 11:45 p.m. and continued the closed session items to the meeting of 6/14/90.
MSC (Cox/Nader) m continue the dosed session items to the meeting of Thursday, June 14, 1990. Approved
4-O-1 with Councilman Malcolm absent.
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) pursuant to Government Code Section 54957.6.
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)
ADJOURNMENT AT 11:45 P.M. to the Regular City Council Meeting on June 19, 1990 at 6:00 p.m. in the
City Council Chambers.
Minutes
Page 16
June 12, 1990
Respectfully submitted,
BEVERLY A. AUTHELET CMG City Clerk
by: "' '~ ' "
Vicki C. Soderquist, Deputy Gity, Glerk