HomeMy WebLinkAboutcc min 1990/06/19 MINIrYES OF A REGULAR MF2:TING
OF THE CITY OF CHULA VISTA
Tuesday, June 19, 1990 Council Chambers
6:05 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, CityAttorney; and Beverly
A. Authelet, City Clerk
2. PI.I~BGE OF AIJ.RGLANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. Report from Dr. Robert Pennet, Chula Vista Representative to the San Diego Unified Port District
Dr. Penner stated he wanted to bring to Council's attention the results of the San Diego Bay Health Risk
Study from the Port of San Diego and San Diego Health Department, . The final focus of the study was
whether it was safe to consume fish caught in the bay. The two potential contaminants discussed were
mercury and PCB. The determination was made that if an adult ate the average amount of fish, every day
of their lives for seventy years, they would not have a health risk in terms of mercury. However, ff they were
pregnant or had other health risks, they might possibly develop a health risk to mercury. If a person ate
the average amount of fish, every day of their lives for seventy years, they will induce an excess cancer risk
of one in 100,000. The normal amount of fish is considered to be two fish meals per week. This study will
be passed on to the State Health Deparm~ent, who will come up with health advisories as deemed necessary.
This will not be the last study as the conditions of the bay are constantly changing.
Councilwoman McCandliss questioned if this was an acceptable condition for the bay and ff the levels were
not acceptable, or pose any possible hazard, the areas should be posted.
Dr. Penner stated there has not been a study done as to the safety of consuming fish from the bay versus
fish from other areas. According to the norms available, it would appear to be at an acceptable level, fffish
are not a daily item and different fish from various areas are consumed.
Councilman Malcolm stated he was pleasantly surprised by the report and the condition of the bay. He also
felt non-source point pollution should be addressed. His main concern regarding the bay is the proposed
expansion of the SDG&E plants.
b. Presentation of the Final Report from the Chula Vista Ad-Hoc Water Task Force
Bill Robbins, 254 Camino Alvado, Chula Vista, California, Chairman of the Ad-Hoc Water Task Force,
reviewed the process used to form the recommendations presented to Council. He stated the Task Force
addressed the long term water problem, not short term remedies to the drought. He stated the answers
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June 19, 1990
would not be from the State bur would have to be local. He then reviewed the recommendations end
policies included in the report.
Councilmen Moore stated the Task Force recommendations were reached by consensus and expressed his
pride in the report.
Mr. Robbins stated conservation end reclamation would have to be local issues, but recommendations are
contained in the report. It is recommended that the growth issues become part of the threshold process.
MSUC (Nader/Moore) direct staff to bring back next meeting the documents to establish the inter-agency
water commission,
M (Nader) to refer Policy Recommendation A to staff to bring back en ordinence implamenting the
recommendation,
Councilmen Malcolm stated the staff recommendation was to come back with a program for implementation
of the recommendations end policies.
City Menager Goss stated that was the intent; he felt staff should return with a mechanism for
implementation.
Councilmen Nader responded it was his intent to give specific direction to staff to begin developing
implementing ordinences now without waiting for the formation of the commission.
MS ONlader/Malcokn) to direct Recommendations A through K to staff to draft the implementing ordinances
necessary end refer appropriate recommendations to the new inter-agency water commission, Resource
Conservation Comraission end the Growth Menagement Oversight Committee.
AMF_SDMENT TO MOTION: (McCandliss/agreed upon by Nader/Malcolm) to refer to the Growth
Management Oversight Committee, to develop a water threshold end consider.. 1) whether one method of
setting a water threshold might be based on a per capita availability basis, end 2) direct that they look at
a cost proponent to the threshold.
Councilman Moore stated he was opposed to limiting water usage per person. He felt there would have to
be a regional approach end that the water usage issue needed to be addressed.
Councilwoman McCendliss responded she was not talking about a limitation, and noted there is a level of
service the water districts hope to achieve, and she felt the Council needed that information before
considering a water threshold.
Request by Councilman Moore for a split vote on the motion end the amendment.
VOTE ON MOTION: Approved unanimously.
SUB~HTUTE MOTION: (Cox/Nader) refer the issue of the water ava~abflity threshold to the Growth
Management Oversight Colmmittee for their evaluation and consideration of alternative concepts. Approved
unanimously.
Penny Allen, 66 Mariposa Circle, Chula Vista, California, thanked staff for the outstanding support the Task
Force received.
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June 19, 1990
CONSENT CALENDAR
(Items pulled: 7, 11, 13, 14, 20, 22)
BALAN(~ OF CONSENT CAI.RNDAR OI, I, P2,.ED BY MAYOR COX, reading of the texts was waived, passed and
approved 4-0-1 with Councilwoman McCandliss absent.
5. ~ FII~I COMMUNICATIONS:
a. Request for stop signs at strategic intersections - Mr. and Mrs. Ben S. Segawa, 442 Sandy Creek
Drive, Bonita, California 92002-4231. It is recommended that Mr. and Mrs. Segawa be advised of the action
taken by the Council at the June 12, 1990 meeting. /~q5
b. Request for new school in western Chula Vista - Hubert (Hugh) Christensen, 376 Center Stteet
#350, Chula Vista, California 92010. It is recommended that Mr. Christensen's letter regarding the school
overcrowding and his idea of trading the Feaster School site for the public works yard property be referred
to staff for further analysis and communication with school officials as the viabflity of the proposal. 13fq~
6. ORDINANCE 2375 AMENDING SECTION 3.45.010 OF THE CHULA VISTA MUNICIPAL CODE
DRt-RGATING AUTHORITY TO THE CITY MANAGER TO WAIVE F~R~ LIb-I~.D ON THE MA:>-t-F,R FEE
SCftEDULE (second reading) - Ordinance proposes a modification which will def'me the City Manager as the
Waiving Authority where the amount of the waiver is the greater of either (13 $2,500 or (2) 25% 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 second reading and adoption. (City
Attorney) 13f~ ?
7. RESOLUTION 15678 CONCURRING IN ENVIRONMENTAL REVIEW AND APPROVING
AGIIRRMENT TO GRANT Rr~-iRI~.-iBtE COVENANT OF TOTAL SITE REVIEW TO CITY FOR PALOMAR
~-iKEET TROI.I.RY COMMERCIAL CENTER PROJECT - Resolution will approve the determination by staff
that the environmental impacts of the proposed project are mitigable, and orders the institution of mitigation
measures, and approves an agreement from Pacific Scene granting a restrictive covenant of Total Site Review
to City. Staff recommends approval of Resolution. (Director of Planning and City Attorney) Pulled from
Consent Calendar 135;q8
Councilman Malcolm stated Mr. Gill had presented his implementation plan, but because it was not listed
on the agenda, Council could not take action.
MS (Malcolm/Moore) to continue Resolution 15678 and docket it with all options listed on the agenda for
the meeting of July 10, 1990.
Councilman Nader stated he would support the motion but did have a concern. He understood that
placement of a P-modifier would require a specific plan be brought back to Council, even after the rezoning
was approve& He had been advised by the City Attorney that this was not the case, and he would like to
see something brought back to Council requiring this.
Councilman Malcolm stated that because Council has the automatic right of appeal, Council initiated it at
the time of filing. He felt there should be some type of ordinance that allows an appeal at the beginning
of the process.
VOTE ON MOTION: Unanimously passed.
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June 19, 1990
8. RESOLUTION 15679 ACCEPTING CONTRACT WORK, STORM DRAIN IMPROVEMENTS AT
TOBBS DRIVE AND OXFORD STREET IN THE CITY OF CHULA VISTA - On 1/1/90, the Council awarded
a contract in the amount of $111,450 (including contingencies) for the construction of storm drain
improvements at Tobias Drive and Oxford Street to Caves Construction. The work is now completed. Staff
recommends approval of the resolution. (Director of Public Works)
9. RESOLUTION 15680 ACCEFHNG CONTRACT WORK. PLACEMENT OF ASPHALT CONCRETE
OVERLAY (1989-90 PROGRAM) ON VARIOUS SfREETS IN THE CITY OF CHULA VISTA; APPROVING
CHANGE ORDER NUMBER ONE; AND ALrrHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
IN BEHAI~ OF THE ~I-IY - On 1/23/90, the Council awarded a contract in the amount of $211,863,56
(including contingencies) to Sim J. Harris Company for the placement of asphalt concrete overlay on various
streets in the City. The work is now completed. To finish the project, extra work is needed: 1) repair a
depressed sewer lateral adjacent to the Oxford Street post office, 2) replace traffic signal loops, 3) adjust
quantities overrun to field conditions, and 4) reimburse contract6r for testing expenses. Staff recommends
approval of the resolution. (Director of Public Works)
10. RESOLUTION 15681 APPROVING THE VACATION OF A TEMPORARY CONb'IRUCTION
EASEMENT ACQUIRED TO CONSTRUCT THE T~.I J~GRAPH CANYON CREEK FLOOD CONTROL CHANNEL -
On 7/28/87, counc~ accepted several temporary and/or permanent easements for the construction of the
Telegraph Canyon Creek fiood control channel. These easements were granted by various property owners
with the understanding that the temporary easements were not to be recorded at the office of the County
Recorder. Inadvertently, however, the temporary ~:onstruction easement granted by Ms. Martha Griffith,
trustee for the property located at 980 Broadway, was recorded. This action will correct the anomaly. Staff
recommends approval of the resolution. (Director of Public Works) 13'q ff~
11. RESOLUTION 1S682 APPROVING ANNEXATION IF THE AREA KNOWN AS FASTlAKE H -
EASyLAKE GBPF-NS AND THE OLYMPIC TRAINING CENTER TO THE EXISTING FASTLAKE MAINTENANCE
DI:~-rFdCT NUMBER ONE - EastLake Development Company has requested that the City undertake
proceedings m annex their proposed developments known as EastLake II -- EastLake Greens and the Olympic
Training Center into the existing EastLake Maintenance District No. 1. Staff recommends approval of the
resolution. (Director of Public Works) Pulled from Consent Calendar
Due to the Council policy regarding the continuance of a meeting past 10:30 p.m., this item was continued
to Thursday, June 21, 1990 after the Redevelopment Agency meeting.
12. RESOLUTION 15683 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1990-91
SPREAD OF ASSESSMENT FOR (2'IY OPEN SPACE MAINTENANCE DISTRICTS AND SE'ITING A DATE FOR
THE PUBLIC HF_ARING - On 4/17/90, Council directed the City Engineer to prepare and file reports of
assessment for all City Open Space Maintenance Districts including the newly adopted Rancho del Rey Open
Space District No. 20. These reports have been prepared and the above resolution approves them and sets
the date for a public hearing w consider the spreading of assessments. Staff recommends approval of the
resolution and setting the date of July 10, 1990, for the public hearing. (Director of Public Works)
13. RESOLLrHON 15684 AppROVINGAG!~F-F-MENTWITHPHILCREASER, GEORGEWARWICKAND
KENNETH BAIRD ALLOWING PROPERTY AT 3048 BONITA ROAD TO BE CONNECTED TO THE t:HY
SEWER SYSTEM - By letter dated 6/7/90, the owners of the property at 3048 Bonira Road requested
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June 19, 1990
permission from the Engineering Department to connect to the City sewer system. The property is in the
unincorporated area on the south side of the Bonita Road, just east of Interstate 1-805 (APN 570-170-48 and
47). The property may be connected to City sewer upon execution of an agreement between the owner and
' the City, according to Council Policy No. 570-02. Staff recommends approval of the resolution. (Disector
of Public Works) Pulled from Consent Calendar
John Lippitt, Director of Public Works, stated the property is in the County and the County has authorized
development. There is currently a interchange study being done by CalTrans.
RESO LtrYION 15684 OFFERED BY MAYOR COX, reading of the text Was waived, passed and approved
unanimously.
14. RESOLUTION 15685 ON GRADING PROCESS AND GRADING PLANS FOR NEW SUBDMSIONS -
At the 6/5/90 meeting, staff presented a report on the grading process and grading plans on new
subdivisions and recommended that consideration be given to the report on 6/19/90 when the developers
have had a chance to review the item. Staff recommends Council accept the report and approve a resolution
enacting interim grading permit regulations. (Director of Public Works) Pulled from Consent Calendar
Councilman Malcolm stated due to ownership of Great American Stock and the possible 'appearance of a
conflict of interest, he would abstain from voting on this item.
M_SC (Cox/Moore) refer to staff to work with the interested parties and return to Council for review at the
Counc~ Worksession in July.
Councilwoman McCandliss stated she could not support the motion and felt the item should be pulled from
the Consent Calendar for broad discussion and then continued to a meeting in July.
Councilman Nader stated he would not support the motion for the same reasons stated by Councilwoman
McCandliss.
MOTION ~RAWN BY MAYOR COX.
Councilwoman McCandliss expressed her concern over the amount of grading being done in advance of
building. She would like to give staff guidelines of Council concerns to be considered during the review of
a grading permit, on an interim basis, and then bring this up during the Growth Management discussions,
as recommended by staff. She would like to see the following issues addressed: 1) aesthetics, 2) level of
grading be related to what is needed, 33 plans for landscaping and final improvements, 4) contouring of
slopes, 5) time requirement for final landscaping, and 6) review by the Planning Department.
Councilman Moore suggested this issue be addressed during a Council Worksession to formulate the checks
and balances necessary.
Councilman Nader expressed his concern in referring this issue back to staff and questioned whether staff
felt the grading permit would be discretionary.
Cliff Swanson, Assistant Director of Public Works, stated the issuance of a grading permit would be
administerial. If the project met all the requirements of the grading ordinance, and other requirements of
the tentative map, the City would have to issue the permit.
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June 19, 1990
City Attorney Boogaard stated due to his concern of legal consequences from staffs response to the question,
and after review of the conditions contained in the Fading ordinance, he felt there was a substantial mount
of discretion which did not necessarily make the issuance of the grading permit administerial. One of the
conditions is the approval of a landscaping plan, which must meet the satisfaction of the City Engineer.
MS (Cox/Moore) to not issue any permits for grading until this item is brought back for consideration at
the fast meeting in July. Staff is also to meet with the developers.
Councilwoman McCandliss stated staff could bring forth any issues for consideration on Thursday and then
for final consideration at the first meeting in July.
Tim Kn~er, 2445 Fitch Avenue, San Diego, California, representing Sunbow, stated he agreed with some of
the concerns brought out by Council. He felt they have been very conscientious regarding Fading and
keeping the Council informed. He requested that the processing of their grading plan be allowed to continue
and he felt the pipeline projects should get different consideration.
VOTE ON MOTION: Approved 4-O-0-1 with Councilman Malcolm abstaining.
M CMcCandllss) to have staff bring hack, at the Joint Redevelopmerit Agency/Council Meeting on Thursday,
a list of those areas reviewed as part of the plan check for a grading permit, Motion died for lack of second.
15. lIESOLUTION 15686 APPROVING CHANGE ORDER NUMBER NINE, FOR THE POLI(3~
DEPARTMENT REMODELING PROJECT - The additional funds are required to pay for unanticipated costs
which are due mainly m asbestos removal, electrical, mechanical, carpet and ceiling additions not included
in the original bid. Staff recommends approval of the resolution and appropriate $55,584 from
unappropriated balance of the General Fund. This appropriation is a loan from the General Fund to the
Public Facilities Development Impact Fee Fund. (Director of Public Safety and Director of Public Works)
/ ~ ~{,
16. RESOLUTION 15687 ACCEP'ISNGNOTICEOFTERM]NATIONOFAGREF-MENTFOROPERATION
OF THE VISITOR INFORMATION CENTER, AUTHORIZING STAFF TO NEGOTIATE AN INTERIM
AGREEMENT FOR THE OPERATION OF THE CENTER, AND ADDING NECESSARY FUNDING TO THE
FISCAL YEAR 1990-91 BUDGET - On 6/13/90, Ms. Margaret Teague delivered a letter to the City on behalf
of Charles Costa Enterprises providing notice of termination of the agreement effective 7/31/90. Staff is in
the process of issuing an RFP for the operation of the Visitor Center, but it is unlikely that the RFP selection
process and subsequent contract negotiation will result in a long-term operator to be ready to take over
operation until late September. Staff recommends approval of the resolution. (Deputy City Manager) ! 3 ~J~
17. RESOLUTION 15688 WAIVING REQUIREMENTS, AFPROVING AGI~MENT WITH UNISYS
CORPORATION FOR PURCHASE OF A V-430 MAINFRAME COMPUTER - The existing mainframe computer
has reached capacity in all basic categories of speed, memory and disk storage. It was purchased in August
1984 and was then projected to have a five-year economic life, the same as the new one being purchased.
It is now approaching six years old and its age is also being felt in the increasing maintenance costs, The
proposed computer (v-430) is not available from other sources, Staff recommends approval of the resolution.
(Deputy City Manager and Director of Finance)
18. RESOLUTION 15689 /hoPROVING A DENSITY BONUS OF THREE UNITS FOR A TOTAL OF
SIXTEEN UNITS AT 95 MADISON AND APPROVING A HOUSING COOPERATION AGREEMENT WITH
Page 7
June 3.9, 3.990
G.T.R.N., LIMrrED, A CALIFORNIA LIMITED PARTNERSHIP - Staff recommends approval of the resolution.
(Director of Community Development)
19. REPORT REGULATION OF SEXUALLY EXPLICIT MATERIAL - At its May 15, 1990
meeting, the City Council (Councilman Maicolm) asked the City Attorney to review existing law regarding
the display of pornographic magazines. A complaint had been received that a non-"adult~ local bookstore
was displaying sexually explicit magazines prominently at the counter, visible to members of the public not
wishing to view such maker. The language, if adopted as an ordinance, would regulate the display of
sexually explicit material in non-'adult~ bookstores by requiring it to be either physically segregated or
opaquely covered. The City Attorney's office takes no advocacy position with regard to its adoption. If
acceptable, direct the City Attorney to return with an ordinance for introduction at Couneil's next meeting.
(City Attorney) , /~/,, ~3
Councilman Malcolm Stated he wanted it understood that if this item is left on the Consent Calendar, the
City Attorney would return to Council with an implementing ordinance.
20. REPORT STATUSOFPCS-90-S, CONSIDERATIONOFTENTATIVESUBDIVISIONMAP
FOR VILI.~ DEL REY CONDOMINIUMS LOCATED AT 3.190-92 FIFTH AVENUE AND REPLY TO JUNE 12,
1990 ORAL COMMUNICATION FROM MS. KAY EVERITE - Staff recommends Council accept the report with
no further action. (Director of Planning and City Attorney) Pulled from Consent Calendar
Kay Bveritt, 469 Emerson, Chula Vista, California, thanked Council for reconsidering her request. She stated
she did not agree with the staff report or recommendations. She questioned the method of voting utilized
on the project and stated she did not receive a notice of the hearing, as she lives outside of the 300 foot
requirement.
Mayor Cox informed Ms. Everirt that Council is in the process of reviewing the noticing policies of the City
regarding public hearings.
Councfiman Malcolm stated if there hadn't been two sets of rules, one for Chula Vista and one for
Montgomery, this would not have happened.
MSUC (Malcolm/Moore) to accept the status report of PCS-90-5.
21. REPORT STRATEGIESFORINCREASINGPARTICIPATIONINTHESTARL[GHTYULE
PARADE - The DownTown Business Association has requested that the City consider creating a Starlight Yule
Parade Committee as a way to increase community involvement in this event. Staff recommends Council
support the creation of a community based Starlight Yule Parade Committee. (Acting Director of Parks and
Recreation) /
22. .REPORT GENERAL PLAN/ZONING CONSI5I t~ICY STUDY AND ACTION PLAN FOR
CENTRAL CHULA VISTA - The recommended Action Plan for central Chula Vista is designed to establish
General Plan/Zoning/Existing Land Use consistency and compatibility and promote the timely and
methodical implementation of the General Plan Update. Staff recommends: 1) approve the General
Plan/Zoning Consistency Study Action Plan for Central Chula Vista, and 2) request staff prepare a draft
contact for the employment of a planning consultant to aid the Advanced Planning Division in the
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June 19, 1990
conducting of studies, re~oning and General Plan amendments, called for under the Action Plan for Central
Chula Vista. (Director of Planning) Pulled from Consent Calendar
Jacques J. ShadIcy, 4239 Mt. Castle Avenue, San Diego, California, property owner of 236 G Street, expressed
his concern over the delay and number of studies done on this property, He felt a decision needed to be
made as this was becoming a financial hardship on him.
Councilman Nader stated he would have to abstain from voting on this item due to a potential conflict and
requested Council bifurcate the portion of the report in A4/Exhibit A, as his property is adjacent to this
parcel.
City Attorney Boogaard stated ff Council wanted to bifureate the item in order to deal with the potential
conflict of interest he would recommend dealing with the recommendations of approving the consistency
action plan and the second recommendation only as it relates to the proper~ listed on Exhibit A as A4.
Council should also limit the public testimony to that item and Councilman Nader should leave the dins.
There has to be a motion to bifurcate to that extent.
MSC (MeCandliss/Moore) to bifureate A4, approved 4-0-0-1 with Councilman Nader abstaining.
City Attorney Boogaard informed Council that the ruling on bifurcation from the FPPC states there must be
a final conclusion on the offensive area.
Councilman Malcolm questioned if the issue before Council was to look at the areas downzoned or upzoned
and corrections deemed necessary. He questioned whether staff would really be ready to work on this
project in six months.
Robert Leirer, Director of Planning, stated staff would be ready to work on the project in November. He
further stated that the area orB] had four property owners raising their concerns and he felt this area had
a greater urgency. He felt that area could be moved forward with the use of consultants in the near term,
and address the other areas after the completion of the Montgomery program, He felt this would address
the concerns Council would hear from the public tonight, The joint effort could be used for the balance of
the program.
MS (MalcolmAMcC. andliss} to proceed immediately, with use of consultants, the study of the B1 area, with
the balance of the program to be addressed as a joint effort upon the completion of the Montgomery
program.
Mayor Cox stated Councilman Malcolm's motion was our of order as the A4 bifurcation was being
considered. He would entertain the motion, but wanted to make it clear that it would exclude Councilman
Nader.
City Attorney Boogaard stated Council chose to bifurcare and it was his recommendation that Council deal
with A4, unless Council rescinded its motion. The only pern~issible subject matter at this time is A4.
Dan Pass, Principal Planner, stared the reclassffications were not proposed for action at the meeting tonight.
Any proposed rezonings would come before the Council in the future.
Mr. Leiter felt staff would be able to bring back a report to Council within three months.
Councilman Malcolm stated the City Attorney wanted him to withdraw his motion.
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June 19, 1990
City Attorney Boogaard stated the motion could be interrupted with a motion of order to rescind the
bifurcation.
Count41m~n Malcolm and Councilwoman McCandliss agreed m include the rescinding of the bifurcation in
the Ofigln~l motion.
VOTE ON MOTION: Approved 4-0-0-1 with Councilman Nader abstaining.
Councilman Moore requested Council be notified when the large areas were zoned (in the past) from R3 to
R1, not the individual properties.
Councilwoman McCandliss requested Council be given a time schedule for this project.
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
23. PUBLIC HEARING PCZ-90-L-M: CITY INITIATED PROPOSAL TO REZONE CERTAIN
TEMRITORY, THE FIRST GENERALLY BOUNDED BY HERMOSA AVENUE, ALBANY AVENIJE, ORANGE
AVENUE AND ZENITH STREET; THE SECOND BEING RESIDENTIAL DEVELOPMENT IMMEDIATELY WEST
ON HILLTOP DR1VE ALONG JICAMA WAY, ORANGE AVENUE, TAMARINDO WAY, FF.,b-i-iVAL COURTs AND
HOLIDAY COURT AND THE THIRD BEING THE RESIDENTIAL AREA SOUTH OF MAIN STREET ALONG DEL
MONTE AVENIlE, ALVOCA STREET, TEENA DRIVE AND ANCURZA WAY, FROM THEIR U'IY-ADOPTED
COUNTY ZONE CLASSIFICATIONS TO CITY CLASSIFICATIONS U'rILI~r} THROUGHOUT CHULAVISTA -
In all cases, the proposed zone amendments are staffs best attempt to convert city-adopted county zoning
to equivalent city zoning without adversely impacting development capability of the properties. Staff
recommends placement of ordinance on first reading. (Director of Planning) F5 ~ ~
This being the time and place as advertised, the public heating was declared open.
Councilman Malcolm stated that due to property owned on Third and Orange he would abstain from voting
on the item to avoid any appearance of conflict.
Tony Latterci, City Consultant, gave an overview of the project and recommendations from the Montgomery
Planning Committee and Planning Commission.
Councilwoman McCandliss questioned the designation of 6,000 sq. ft. lots as opposed to trying to create a
7,000 sq. ft. lot.
Mr. Latterti stated it was deceiving, most of the single family lots are 6,000 to 7,000 sq. ft.
Paul L. Greene Sr., expressed his concern over the length of time this has taken. He referred to the Chula
Vista General Plan 1990 and questioned whether this had been done through legal process. He wanted
to know when he would have the opportunity to express his objections to the recommendations for
Woodlawn Park.
Mr. Latteni stated Woodlawn Park is scheduled for a public hearing before the Montgomery Planning
Committee on July S, 1990 and subsequently back to the Planning Commission and Council for review.
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June 19, 1990
)
There being no further public testimony, the public hearing was declared closed.
ORDINANCE 2378 APPROVING PCZ-90-L-M (first readinn)
ORDINANCE 2378 OI"FERED BY COUNCILMAN NADER FOR FIRST READING, reading of the text was
waived, passed and approved 4-0-0-1 with Councilman Malcolm abstaining.
24. PUBLIC HEARING CONSIDERATION OF THE ADOPTION OF THE BUDGET FOR FISCAL YEAR
1990-91 WHICH INCLUDES ESTABLISHING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDED JIfNE
30, 1991 - Government Code Section 7910 requires each local government to establish its Gann (Article XIIIB
of the California Constitution) appropriations limit by resolution each year at a regularly scheduled Council
meeting or a noticed special meeting. Staff recommends approval of the resolutions. (Direcwr of Finance)
This being the time and place as advertised, the public hearing was declared open.
City Manager Goss stated the carryover items for consideration were: 1) open space districts, 2) operations
of the general fund, and 3) the capital improvement program. Staff recommends open space district no. 20
be turned over to the City within the course of the year. Certain open space improvements be made to
districts no. 11, that one additional open space inspector position be created, and back-flow preventor
upgrades in open space districts no. 1-8, 10, and 11 be approved.
Councilman Moore questioned the reconstruction of the monuments for the entry to district no. 11. He
questioned whether the owners in the district were notified of the possible fee increase.
Jerry Foncerada, Acting Director of Parks and Recreation, stated the monuments were not constructed
properly and the funds would be for reconstruction. He further stated that the residents were notified of
the meeting on Saturday, but were not specifically notified of the possible increase.
Councilman Nader felt that due to the possible length of discussion by Council regarding the budget, it
would be appropriate to hear the public comments first.
V. C. Pendergraft, One Kingswood Drive, Chula Vista, California, informed Council that traffic is still speeding
on Hilltop Drive. He requested Council take action in the area to prevent further injuries.
Jean Pendergraft, One Kingswood Drive, Chula Vista, California, questioned whether it would be possible
to install a light at Quintard, on a school hour basis, and install the proper stop lights at Kingswood at
Rienstra. If not, she requested Council review a possible stop sign.
John Cekalski, 231 E. Olympia Street, Chula Vista, California, spoke in support of the Pendergrafts and their
request.
Randy Ballard, 768 Neptune Court, Chula Vista, California, expressed concern over the lack of emergency
technician de~brillation for the City and he felt this program was vital to the safety of the community. He
further expressed his concern over the three man companies for the fire department.
Councilman Nader questioned whether the de~brillation program had been cut from the proposed budget.
He stated two members of the Council have recommended phasing into a four person engine company.
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June 19, 1990
City Manager Goss stated the program was not recommended by the Fire Department. Earlier during the
year they did approach the City Manager's office to see if the City would allow a program such as the Bonita-
Sunnyside program which solicited donations. His office has not heard anything further.
Paul L. Greene, Sr., 141 Lotus Drive, Chula Vista, California, expressed his concern over the budget situation
and referenced a referendum petition he had initiated.
Dr. J.O. Lee Solomon, 1640-57 Maple Drive, Chula Vista, California, former Chairman of the Safety
Commission, spoke on behalf of the Pendergraft family and their requests.
There being no further public testimony, the public hearing was declared closed.
Councilwoman McCandliss stated she has watched traffic in the area and the light and crosswalk instituted
addresses the children going to and from school. There is now more traffic than there has ever been and
she noted the excessive traffic into the convenience store, She felt there should be some control at East
Rienstra and Hilltop.
MS (McCandliss/Nader) to appropriate fun& to install a traffic signal at Hilltop and East RiensW~
Councilman Moore stated he could support the motion and felt the problem in the area was due to excessive '
speeds. He stated that if the intent was to stop traffic, a stop sign would be more effective.
Mayor Cox stated he could not support a stop light ar the intersection, he could support a stop sign which
he felt would be more effective in slowing down the traffic.
Councilman Nader felt that stepped up traffic enforcement on Hilltop Drive was appropriate due to the
increased Iraffic and excessive speeds.
VOTE ON MOTION: Approved 4-1-0 with Mayor Cox opposed.
Mr. Solomon questioned whether stop signs could be installed until the traffic signal is operable.
Mr. Rosenberg stated staff would recommend against such action, as it creates a habit of expectation and
then when the stop signs are removed there could be a problem.
M (Nader) refer to staff for a report on temporary stop signs installed at Hilltop and East Rienstra to be
brought back to Council at the next meeting.
SL1BSIi-rtJTE MOTION: (Cox/Nader) to take action to install stop signs immediately and ~ staff to
begin engineering of the traffic signal. Staff is to put a hold on the installation of the traffic signal (with
a report back to Council in three months) to see if the stop signs are working.
Councilman Malcolm expressed his concern over the visibility of a stop sign. He felt this was a dangerous
decision and he would not support the motion.
Mr. Rosenberg responded that Councilman Malcolm was correct but the City has installed stop signs on
interim basis and noted they required subsequent signage to notify motorists. He stated staff had no
objections installing stop signs as an interim measure.
VOTE ON MOTION: Approved 3-2-O with Councilmembers McCandliss and Malcolm opposed.
Minutes
Page 12
June 19, 1990
Supplemental Budget Memo #6 - no questions.
Supplemental Budget Memo #9 - will be dealt with at the Redevelopment Agency Meeting,
Supplemental Budget Memos #10, #11, and #12 - referred to the Chamber of Commerce, Town Centre
Project Area Committee, Downtown Association, and Otay Valley Redevelopment Project Area Committee.
Supplemental Budget Memo #15 - Jerry Foneerada, Acting Director of Parks and Recreation, stated each
Open Space District was notified of the costs that were being incurred,
MSUC (CoX/Moore) to accept staff recommendation for Supplemental Budget Memo #15.
Supplemental Budget Memo #16 - to be brought back for consideration of funding from Proposition 111
funds.
Supplemental Budget Memo #27 - Counefiman Moore expressed his concern on Open Space District #11
regarding the landscaping on the northern side and the entrance monument.
MS (Moore/Nader) approved Supplemental Budget Memo #27, with a report back to Council prior to any
expenditures. Staff is directed to poll the results with all members of the district, regarding the landscaping
on the northern side and the enn'anee monument, Staff is also to contact the developer and original land
ownen to see if they will share the cost of the monument sign.
Counc~man Malcolm stated he would abstain from voting on the open space districts due to a possible
conflict of interest.
Councilman Malcolm spoke from the public podlure and stated he was not noticed as a property owner in
an open space district` He felt the property owners should have been notified and given the opportunity to
respond.
VOTE ON MOTION: Apprnved 4-0-0-1 with Councilman Malcolm abstaining.
Supplemental Budget Memo #28 - MSUC (Cox/Moore) to approve Supplemental Budget Memo #28.
Supplemental Budget Memo #35 - MSUC (Moore/Cox) to approve Supplemental Budget Memo #35.
Supplemental Budget Memo #43 and #47 - MSUC (Cox/Nader) to include a dollar amount of $100,000 in
the budget for the implementation of the Chula Visa 2000 recommendations. This is to include potential
funding of a bond issue, contingent upon resolution of the funding proposal before the San Diego Unified
Port Disn-ict. A Council conference is to be scheduled to deal with the recommendations.
Councilman Nader felt it was appropriate to schedule the recommendations for a Council conference. He
interpreted the contingency in the motion as ruling out any other funding except that received from the Port
District.
Councilwoman McCandliss stated r. he Council had made a unanimous commitment to the Chula Vista 2000
Committee. She was uncomfortable in creating a nebulous fund of $100,000 and she felt Council should
vote on individual items when reviewing the recommendations.
MAYOR COX WITHDREW THE PORTION OF THE MOTION APPROPRIATING $100,000.
Minutes
Page 13
June 19, 1990
Councilman Malcolm expressed his concern over the $65,000 for a special election. He stated he could not
support a special election unless it was an extreme emergency.
VOTE ON MOTION: Approved unanimously.
Supplemental Budget Memo #58 - information item.
Supplemental Budget Memo #59 - Councilman Nader questioned whether there would be a problem in
holding off the pesticide contract for one month.
City Manager Goss stated the contract would come before Council as a separate item.
MSUC (Nader/Moore) refer to staff and the Resource Conservation Commission with dk~tion to bring back
a report prior to, or in conjunction with, any pest control conlracts. Further information on chemicals listed
and a proposed policy or memo on alternative pest control measures in the City is to be included.
Supplemental Budget Memo #60 - Councilman Nader felt there were other locations in the City where bike
lockers would be appropriate.
MSUC (Nader/Moore) refer to staff to devdop a long term program to place bicycle lockers in the City. Stuff
is to explore the poss~ity, with other business groups, that lockers be placed with appropriate sharing of
costs and efforts. Staff is to review the effectiveness and safety of lockers versus racks.
CIP Budget - Records Management Program - Councilwoman McCandliss expressed her concern over the
hiring of a consultant for this program.
MS {Malcolm/Cox) to approve the request for funding of the Records Management Program.
Councilman Nader felt the City Clerk had done an outstanding job, but he expressed his concern over the
hiring of a consultant as he felt that inhouse expertise could be utilized.
City Manager Goss stated that if the Council appropriated the $40,000 for the consultant, it did not mean
that it would have to be expended. The RFP process could result in a lower amount.
VOTE ON MOTION: Approved 4-1-0 with Councilwoman McCandliss opposed.
A, RESOLUTION 15691 ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR ENDING JUNE
30, 1991 I~f~5
RESOLLrFION 15691 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4-0-1
with Councilman Malcolm absenL
B. RESOLUTION 15692 APPROVING THE ADOPTION OF THE FINAL BUDGET OF THE C. HY OF
CHULA VISTA FOR THE FISCAL YEAR BEGINNING JULY l, 1990 AND ENDING JUNE 30,1991 }q~
RESOLUTION 15692 OFFERED BY MAYOR COX, reading of the text was waived.
Councilwoman McCandliss requested that the City Manager to look at a five-year revenue projection
City Manager Goss explained the budget amount would have to be amended by approximately $8,100 due
to changes Council has approved at the budget worksessions.
Minutes
Page 14
June 19, 1990
)
AMF~DMENT TO MOTION: (Nader/McCandliss) to add to the City Manager's Budget, with the
understanding that it can be transferred to another budget, $30,000 to obtain the sendces of a staff person
designated to work on environmental issues for the City. There is ro be a report back to Council before
hiring. Approved u-a-lmously.
VOTE ON RF~OLUTION 15692: Approved S-O-0 with Councilman Malcolm abstaining on the open space
districts, Supplemental Budget Memo
OTHER BUSINESS
25. ORAL COMMUNICATIONS
2Sa. Don Swanson, 207 Third Avenue, Chula Vista, California, Lady L Fashions, representing the
businesses on Third Street, stated they were upset with parking fees and enforcement.
Mayor Cox informed the businessmen that the Town Centre Project Area Committee would be meeting
Thursday at 8:30 a.m. to make recommendations to Council on issues related to parking. It is expected that
their recommendations will come to Council in July. Council has already taken action to "soften' the
enforcement of the parking increase by having the officer provide twenty minutes of parking compliments
of the City along with notification of the changes in parking fees.
MS (Malcolm/Nader) due to e.waordinary circumstances, staff is directed to place this item on the aganda
for the Thursday meeting.
Councilman Nader requested that the speaker outline the emergency items.
Mr. Swanson stated he had been told there are two or three businesses in jeopardy of closing.
City Attorney Boogaard stated the criteria is a 4/5's vote by Council, and a determination that the matter
arose after the preparation of the agenda, or that an emergency exists. If an economic crisis exists, that
could result in the closure of a business, he felt it could be justified in court.
VOTE ON MOTION: Approved unanimously.
25b. William E. Claycomb, 457 Delaware, Imperial Beach, California, representing Save Our Bay, Inc.,
stated the second harbor entrance would be devastating to the bay and the surrounding sensitive areas. He
stated he had been unable te obtain a copy of the audit required on 8/29/89 from SHEP Incorporated. /~Jq/.,7
MSUC (Nader/l~fcCandli~s) to request a verbal report regarding the audit from SHEP Incorporated.
25c. Rick Mathias, 926 Nation Avenue, Chula Vista, California, referenced twenty accidents on Nacion
Avenue coming from 'L' SU'eer. He had previously requested a guardrail in front of his home, which was
denied by City staff. They have recently had an accident where a car almost went into his home. He offered
several suggestions which included: 1) rum Nation into a cul-de-sac, 2) install speed bumps, reflectors,
signs, and 3) guardrails in ftonr of the homes.
25d. Oscar Polester, 908 Nation Avenue, Chula Vista, California, stated the residential street has become
a major street since the opening of 1-805. He requested action from the Council regarding the dangerous
situation. /
Minutes
Page 15
June 19, 1990
MSUC CMoore/Nader) refer to staff and Safety Commission to evaluate and come back with
rerommendations to improve safety on Nacion.
25e. Paul L. Greene St., 141 Lotus Drive, Chula Vista, California, representing the Greene Family Estate,
informed Council that he had met with the City Attorney last Wednesday. Mr. Greene referenced his legal
problems with the City of Chula Vista. /~f~ ~
26. ITEMS pUIJ.RD FROM THE CONSENT C~I.F. NDAR (Items pulled: 7, 11, 13, 14, 20, 22) Minutes
reflect the published agenda order.
27. U'IY MANAGERS REPORT(S)
a. Scheduling of Meetings - Continued to Thursday, July 21, 1990 after the Redevelopmerit Agency
meeting.
28. MAYORS REPORTfS)
a. AB939 - Request to consider any and all aspects of Assembly Bill 939 including, but not limited
the formation of an AB 939 Task Force and appointment of Council representation, for the purpose of
discussing the scope and mission of said task force. Continued to Thursday, July 21, 1990 after the
Redevelopment Agency meeting.
RESOLUTION 15693 ESTABLISHING AB9391NTEGRATED WAb-I-IS. MANAGEMENTTASK FORCE
29. COUNCIL COMMENTS
a. Councilman Nader:
Direct legislative advocate to seek legislation to ease restrictions of enforcement of radar on a safety basis
versus a speed basis. Continued to Thursday, July 21, 1990 after the Redevelopmerit Agency meeting.
b. Councilwoman McCandliss:
Deliberate on all aspects of instituting an early-age street use and safety program including vehicle
operation, vehicle rules and traffic safety, including requesting a staff report regarding the advisability and
cost of instituting same. Continued to Thursday, July 21, 1990 after the Redevelopmerit Agency meeting.
Request the Council deliberate on a policy of providing notice of site specific decisions by all methods
including posting signs on the project site. Continued to Thursday, July 21, 1990 after the Redevelopment
Agency meeting.
ADJOURNMENT
Closed Session it~rng were continued to Thursday, July 21, 1990 after the Redevelopment Agency meeting.
Minutes
Page 16
June 19, 1990
Possible issuance of Gable Television Franchise to Jones Intercable justified on the basis of Pending
Litigation and Property Disposition pursuant to Government Code Section 54956.9(a) and 54956.8.
Pending litigation pursuant to Government Code Section 54956.9(a) - Calderon versus the City of
Chula Vista, et. al.
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 11:10 P.M. to the Regular City Council Meeting on July 10, 1990 at :00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Depu~J~'_C~ Clerk