HomeMy WebLinkAboutcc min 1990/07/10 MINUTES OF A REGULAR MEETING
OF THE (a'l Y OF CHULA VISTA
Tuesday, July 10, 3.990 Council Chambers
6:04 p.m. Public Services Building
CALL TO ORDER
1. ROIL CALL:
PRESENT: Councilmembers Malcolm, McCandliss, Moore, Nader, and Mayor Cox
(Mayor Cox lef~ the meeting at 9:55 p.m.)
ALSO PRESENT: John D, Goss, City Manager; Bruce Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2, PI.'F.r'XSE OF ALLF-GIANCE TO TIqE FLAG, SILENrF PRAYER
3. APPROVAL OF MINIrITeS: May 15, May 22, June 5, June 12, June 21, 1990
MSUC (Moore/Cox) to approve the minutes of May 1S, 9.9., June 5, 12, and 21, 1990 as presented.
Councilman Malcolm abstained on the toinutes of June 12, 1990.
Mayor Cox stated the minutes of May 22, 1990 needed to reflect 12 million gallons on page 6.
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by Steven Palma, Chairman, Otay Town Committee - progress of the Committee and
targeted projects for the future.
Fir, Palma stated the Committee had worked over the last six months to clean-up and improve their area.
The work is just beginning and he stated they are in need of further City support regarding sidewalks, street
lights and crosswalks, and review of the alleys regarding safety and litter, The Committee will be publishing
the Otay Valley Newsletter to inform the residents of the ongoing projects. They would also like signs that
welcome people to "Otay - Community of the City of Chula Vista",
Mayor Cox stated the efforts generated through the Otay Town Committee should be commended. He noted
the entire program is going to be submitted to the League of California Cities for the Helen Putnam Award.
MSUC (Cox/Nader) to refer the issue of sub-community signs to staff.
b. Proclaiming the week of July 8 - July 14, 1990 as "AMATEUR RADIO OPERATIONS WEEIC' -
Proclamation to be presented to Jack Woolsey.
Jim Goodwin, President of the Southbay Amateur Radio Society, accepted the proclamation.
e. Proclaiming the week of July 15 - July 21, 1990 as "FOSTER PARENT RECOGNITION ~F. FJe -
Proclamation to be presented to Mr. & Mrs. Calvin Byrd and Mr. & Mrs. Raul Serrano on behalf of the foster
parents of Chula Vista.
Minutes
Page 2
July 10, 1990
CONSENT CAT.RNDAR
(Items pulled: Sa, Sb, 22, 23)
BALANCE OF THE CONSENT CALENDAR OFFF2LED BY COUNCILWOMAN MCCANDLISS, reading of the text
was waived. passed and approved unanimously.
5. WPdTrF. N COMMUNICATIONS:
a. Request to have clarification of Council action of June 12, 1990 Council meeting - Martin Kolkey,
President, Cameo Development Company, 5125 Convoy Street, Suite 301, San Diego, California 92111. Staff
recommends the map be processed through the Planning Commission and City Council as was the original
map. 1~7~
MSUC (Malcolm/Cox) to reconsider Council decision on Cameo Development.
Martin Kolkey, 5125 Convoy Street, #301, San Diego, California 92111, representing Cameo Development,
requested that Council direct their application back to staff, to work with the developer on am acceptable
redesign, and then to reappear before Council for consideration. He did not feel this would require going
back through the original process.
Mayor Cox felt the action being requested by Mr. Kolkey was consistent with projects that had been denied
by Council in the past and the Planning Commission had approved.
MS (Cox/l~/IcCandliss) to refer this project back to staff, to be brought back directly to Council for
reconsideration.
City Attorney Boogaard stated ff the motion is worded in the manner that Council is interpreting the prior
decision as a rejection, the motion as presented with referral back to staff would be appropriate.
Mayor Cox stated that was the intent of his motion and would modify it as such.
Councilman Moore stated he had a problem with referring the project back to staff. He felt it was up to the
developer to design the plans without Council or staff redesigning the project.
Councilman Malcolm stated he was not at the meeting for the original vote due to a Coastal Commission
Meeting, and he would abstain from voting due to that absence.
Councilman Nader stated it was his recollection that the only action taken by Council was the denial of the
tentative map. He shared the concerns of Councilman Moore regarding credits being given for slopes.
Mayor Cox stated that by voting to deny the map, there was no direction given to the applicant or staff
regarding the project.
VOTE ON MOTION: denied, 2-2-O-1 with Councilmembers Moore/Nader voting no and Councilman Malcolm
abstaining.
Councilman Malcolm stated he felt since the Planning Commission had already approved the project, he they
would not be against a new proposal with fewer dwellings. If the applicant was willing to pay their fees,
he would be willing to vote to reconsider the denial of the tentative map. The reconsideration would then
bring back the item when fully noticed to Council.
Minutes
Page 3
July 10, 1990
M (Malcolm) to reconsider the tentative map providing the proper fees are paid and noticing is done.
Heating is to be set for the Planning Commission and Council. Motion died for lack of second.
Councilwoman McCandliss stated the applicant needed to get his proposal back into the City and she felt
the motion to refer the item to staff accomplished this. She did not feel Council could vote tonight to
reconsider.
City Attorney Boogaard stated that if the motion for reconsideration is a motion to reconsider the plan
already approved by the Planning Commission, and the Council wants to take a second look at it, the
Counc~ may due so after proper noticing. Council can also give direction to the staff or make the applicant
start from the beginning. If there is a substantial change to the map, the Planning Commission should take
a second look at it with regards to the environmental consequences. After review of the proposed changes,
staff could determine whether the project should be reviewed by the Planning Commission. If left stands
as a fiat rejection, it would necessitate a complete refiling of a new application and tentative map design.
Mayor Cox stated that baring any further action from the Council, the applicant would need to go back to
the beginning of the process and file a new tentative map.
No further action was taken by the Council.
b. Request to lease Chula Vista's Trolleys - John G. Sawicki, Owner/President, Coronado Trolley Lines,
1511 Marine Way, Coronado, California 92118. Staff recommends that Coronado Trolley Lines' request to
lease Chula Vista Trolleys be only approved in concept (if that is generally acceptable to the City Counc~)
but that the entire matter be referred back to staff for a complete evaluation of the many ramifications that
need to be considered. Pulled fTom the Consent Calendar
Councilman Nader expressed his concern over staffs recommendation to approve in concept and refer back
to staff and questioned what the ramifications were that needed to be considered. He also questioned
whether staff wanted direction as to drafting a conu'act addressing these concerns.
Bill Gustafson, Transit Coordinator, stated his assistant was contacted, in his absence, regarding this issue.
Staffs recommendation is not to approve Mr. Sawicki's request. The recommendation was therefore to send
it back to staff for review.
MSUC (Nader/Cox) to refer this item back to staff for evaluation.
c. Request for support of San Diego County Women and Children in Need ('~IC) Program - Regina A.
Jones, Chairperson, Chula Vista Welfare Council, 515 Second Avenue, Chula Vista, California 92010. Staff
recommends that the Chula Vista Welfare Council's request for City support in attempting to acquire a more
equitable portion of WIC funds be referred to staff and that staff be authorized to draft appropriate letters
for the Mayor's signature urging a change in said distribution formula.
6. ORDINANCE 2378 APPROVING PCZ-90-L-M (second reading and adoption) - City initiated
proposal to rezone certain territory, the first generally bounded by Hermosa Avenue (Fourth Avenue), Albany
Avenue, Orange Avenue and Zenith Street; the second being residential development immediately west on
Hilltop Drive along Jicama Way, Orange Avenue, Tamarindo Way, Festival Court, and Holiday Court; and
the Third being the residential area south of Main Street along Del Monte Avenue, Alvoca Street, Teena
Drive and Ancurza Way, from their City-adopted county zone classifications to City classifications utilized
throughout Chula Vista. (Director of Planning)
Minutes
Page 4
July 10, 1990
Councfimnn Malcolm abstained from voting on Ordinance 2378 due to ownership of property in the area
and any poss~le conflict.
7. ORDINANCE 2379 REGULATING SEXUALI, Y EXPLICIT MATERIAL (first teadinE) - At the City
Council meeting of 6/19/90, the Council approved the recommended language for the regulation of sexually
explicit material and directed the City Attorney to return with the implementing ordinance. Staff
recommends placement of the ordinance on tint reading. (City Attorney) I~q ? ~
8. RESOLDTION 15694 CAt].ING AND GMNG NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL RI ~CTION TO BE l~I _n ON TUESDAY, NOVEMBER 6, 1990, FOR THE F.I.RCTION OF CERTAIN
OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER - Staff recommends approval of the
resolution. (City Clerk)
9. RESOLLrHON 15695 REQUES'TING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN
DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL EI.RCTION TO BE HELD ON NOVEMBER 6, 1990, WITH
THE STATEWIDE G~ RI~.CTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF
THE RLRCTIONS CODE - Staff recommends approval of the resolution. (City Clerk) /8q8 /
10. RESOLUTION 15690 APPROVING AGR~:RMENTS BETWEEN CITY OF ChnjLA VISTA AND
VARIOUS COMMIINFfY PROMOTION GROUPS FOR EXPENDITURE OF CITY FUNDS AND APPROPRIATING
AN ADDITIONAL $100 FOR LIBRARY CHAMBER CONCERTS - It is necessary to execute agreements with
the Chula Vista Jaycees, Gretchen Evans Concerts, United Nations Day Committee, and the Human Services
Counc~, which have been approved to receive City funding in the 1990-91 budget. Staff recommends
approval of the resolution. (Assistant City Manager) /a'~?8.9
11. RESOLUTION 15696 AUTHORIZINGTHEDEPARTMENTOFGENERALSERVICESOFTHESTATE
OF CALIFORNIA TO PURCHASE SEVENTEEN CITY POLICE PATROL SEDANS ON BEHALF OF THE CI-iY OF
CHULAVISTA - The FY 1990-91 budget provides for replacement of seventeen police patrol sedans. Council
Resolution No. 6132 authorizes the City to participate in a cooperative bid with the State of California for
the purchase of these vehicles. Staff recommends approval of the resolution. (Director of Finance) J~83
12. RESOLUTION 15697 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC
EMULSIONS - Bids were opened 6/4/90 for furnishing the City's requirements for RS-2 asphaiti( emulsions
with latex for the chip sealing program. Staff recommends approval of the resolution. (Director of Finance)
13. RESOLUTION 15698 ACCEPTING BIDS AND AWARDING CON'ITL,XCT FOR SCI~EF. NING (STONE
CHIPS) - Bids were opened 6/4/90 for furnishing the City's requirements for screenings (stone chips) for
the chip sealing program. Staff recommends approval of the resolution. (Director of Finance) 13e/8 ~
14. RESOLUTION 15699 ACCEPTING BIDS AND AWARDING CONTRACT FOR ASPHALTIC
CONCRETE - Bids were opened 6/4/90 for furnishing the City's requirements for asphaltic concrete for street
maintenance. Staff recommends approval of the resolution. (Director of Finance) 13'~8~, )
Minutes
Page 5
July 10, 1990
15. RESOLUTION 15700 APPROVING AN AMENDMF2qT TO THE AGBRRMENT Vv'ITH ]~/IIJJ~VI R.
DOTSON AND EASTLAKE DEVELOPMENT COMPANY FOR PROVIDING TRANSPORTATION CONSULTANT
SERVIC~-~ - Current agreement terminates 6/30/90. The City, William R. Dotson and EastLake Development
Company wish to extend the contract for a period of one year. The amendment to the contract extends the
contract to 6/30/91, increases the consultants fee to $80 per hour, and reduces the work to 250 hours. Staff
recommends approval of the resolution. (Director of Public Works) /~ ~ ~ '] lye8 ?
16. RESOLUTION 15701 ACCEPTING BIDS AND AWARDING CONTRACT FOR 'SEWER
REHABILITATION - PHASE HI AT VARIOUS LOCATIONS IN THE CITY OF CI-RJLA VISTA, CALIFORNIA" -
On 6/13/90, the Director of Public Works received sealed bids for "Sewer Rehabilitation - Phase III". The
work includes excavation and grading, asphalt concrete pavement, processes miscellaneous base trench
shoring, traffic control, installation of 8 foot sewer main, sewer lateral connections, sewer lateral cleanouts,
and other miscellaneous work shown on the plans. Funds for this project were budgeted in both FY 88-89
and FY 89-90. Staff recommends approval of the resolution and award contract to Duarte &Baum, Inc. in
the amount of $271,453. (Director of Public Works) /3 ~ Y ~7 /5'f~ 8
17. RESOLUTION 15702 CREATING A CIP PROJECT FOR A HAZARD ELIMINATION TRAFFIC S/Uqsif
IMPROVEMENT PROJECT AND APPROPRIATING FUNDS - Staff has obtained a federal grant funding for a
traffic safety improvement project for CalTrans under their Hazard Elimination Safety (lIES) program. The
project involves changing out existing 8 foot signal heads for 12 foot signal heads at various intersections
in the City. To proceed with their project, Council approval to appropriate funds for the project is required.
Staff recommends approval of the resolution and appropriate $34,000 from the unappropriated balance of
the traffic signal fund for the project. (Director of Public Works)/j'-t q-/ /~
18. RESOLUTION 15703 CONq]L~CT AMENDMENT WITH DAMES AND MOORE FOR THE
PREPARATION OF THE OTAY RANCH ENVIRONMENTAL IMPACT REPORT tEIR) - The original scope of
work for the Otay Ranch EIR provided that additional project alternatives would be defined during the EIR
preparation; this has now been done and it is necessary to amend the contract adding to the scope of work.
Staff recommends approval of the resolution. (Director of Planning) /'~
MSUC (Cox/1VlcCandliss) to continue Resolution 15703 to the meeting of July 17, 1990 as requested by staff.
19. RESOLUTION 15704 APPROVING THE SUBMFITAL FOR THE THIRD YF/J~ FUNDING OF THE
CABRRR CRIMINAL APPREHFANSION GRANT TO THE OFFICE OF CRIMINAL JUSTICE PLANNING - The City
first accepted this 3 1/2 year grant in July of 1988 from the Office of Criminal Justice Planning for the
development of a Career Criminal Apprehension Grant (C-CAP). The State requires that the City resubmit
the grant application at the beginning of each fiscal year. This is the final grant submittal for the last
eighteen months of the grant. Staff recommends approval of the resolution. (Director of Public Safety)
/ ~' 'r~l I 1~3ff' I
20. RESOLUTION 15705 RATIFYINGTHETRANSFEROFACARDROOMLICENSE-Staffhasreceived
a request by Joan Homing to transfer her cardroom license to Aran Zennedjian and Associates. City
Municipal Code 5.20.030 allows the transfer with the approval of the Chief of Police and the ratification of
the City Counc~. Staff recommends approval of the resolution. (Director of Public Safety) /
Councilwoman McCandliss voted no on Resolution 15705.
Minutes
Page 6
July 10, 1990
21. RESOLUTION 15706 REJECTING LANDSCAPE MAI~ANCE BID FOR OPEN SPACE DISTRICT
NUMBER 2, 3, 6, 8, 10, 11, 15 AND 18 - Request for bids to provide landscape maintenance services for
Open Space Districts 2, 3, 6, 8, 10, 11, 15, and 18 were let out on 5/26/90 and returned 6/27/90. Staff
recommends approval of the resolution rejecting the lone bid and order the landscape maintenance services
contract be rebid. f ~ ~ '~ ~ 13ff'3
22. REPORT ON THE CLOSURE OF FIFTH AVENUE BETWEEN L STREET AND NAPI.Kq
STREET IN CONJUNCTION WITH FIE AVENUE STREET IMPROVEMENT PROjECT - The Fifth Avenue
project consists of removing existing pavement, constructing new curb, gutter, sidewalk, storm drain
fac~ities, relocation of water facilities and other utilities (gas, electric, telephone) and the placement of new
asphalt pavement and base material. The project is currently out to bid, and construction is scheduled to
begin in September. It is proposed that sections (i.e., L to Moss, Moss to Naples) of Fifth Avenue be closed
to through traffic for periods not to exceed sixty calendar days. Staff recommends Council accept the report.
(Director of Public Works) Pulled from the Consent Calendar / ,~ q~ /c3~ ~e
Councilwoman McCandliss questioned whether it was better to close the street or allow modified traffic
through. She would not support the item as she believed a temporary road could be utilized.
MS (Cox/Nader) to accept the report as presented.
Councilman Malcolm questioned whether the bids included the roads being left open or closed.
John Lippitt, Director of Public Works, stated the bids stipulated the road would be closed in phases, not
to exceed sixty days. He felt this could be amended as there was sufficient time to notify possible bidden.
Councilman Malcolm recommended that the bids be allowed to come in, and the City negotiate with the low
bidder, as allowed by law, to see what they would offer if the road was closed.
Councilman Malcolm stated he would vote to approve this, if two bids were received. One allowing the
contractor to close the street and the other without.
Mayor Cox stated he would include that as part of the motion.
Councilwoman McCandliss stated the contracts are to contain specific penalty clauses if work is not
completed on time.
VOTE ON MOTION: approved 4-1-0 with Councilwoman McCandliss voting no.
23. REPORT REQUES~ BY STAR NEWS OF THE RESULTS OF ROH. CALL VOTES TAI(EN
IN CLOSED SESSION BY CITY COL1NCIL REGARDING THE HIRING OF TOPMARK AS CONSDI.TANTS - A
letter dated 6/20/90 was received by the City of Chula Vista regarding a request for the results of roll call
votes taken in closed sessions with regard to the hiring of TopMark, Inc. as consultants for the City in several
matters. This report provides some legal framework within which the City Council may respond to said
request. Staff recommends Council accept the report. (City Attorney) Pulled from the Consent Calendar
Charles Walker, 575-31 Otay Lakes Road, Chula Vista, California, Managing Editor of the Star News, stated
the press had no special standing regarding the access of government information, but they had a long
standing effort to protect public information. They did not feel the votes by the Council, taken in closed
session, would result in harm to the public interest. They did not consider this an adversarial request but
were following the procedures outlined by the City Attorney.
Minutes
Page 7
July 10, 1990
Thomas A. Davis, 1657 Gotham Street, Chuta Vista, California 92013, stated he was a proponent of open
government and supported the request by the Star News.
Councilman Malcolm stated he hoped the request, as the letter was addressed to him, did not have anything
to do with his past dealings with their paper. He requested that Council authorize the City Attorney to
review the minutes and give his opinion as to the legality of the actions taken regarding the hiring of
TopMark consultants.
City Attorney Boogaard stated he would need a unanimous vote by Council to release the information
requested by Councilman Malcolm.
MSUC (Nader/Cox) to authorize City AI~orney Boogaard to release the information.
City Attorney Boogaard stated he had reviewed the entire minute book regarding this request. Assistant City
Attorney Ftitseh had also reviewed the minutes, and they had not found any closed session minutes where
Council authorized retention of TopMark,
Councilman Malcolm stated he was the only Councilmember which voted to open all elosed session minutes.
He questioned where their support was at that time.
MS CMaleohn/Moore) refer the questions regarding minutes for dosed session and their disclosure, along
with rational, to the City Attorney to bring back a report to the Council.
Councilwoman MeCandliss stated there was already a referral to the City Attorney regarding the taping of
the minutes of closed sessions and she felt this could be included with that referral. She stated this was the
fn'st case in which there was a direct request for information, and it dealt with a possible confilet of interest.
Councilman Nader stated he had suggested in the past that the City Attorney keep dosed session minutes
and periodically review them to see what could be released without damage to the City. This
recommendation also failed on a 3-2 vote. He expressed his concern on using the minutes versus a tape of
dosed session as these minutes were taken by the City Attorney rather than someone trained in minute
taking. A recording could be utilized to backup the written minutes.
Mr. Walker stated there was no mention of Councilman Malcolm in the request and he considered this a
routine matter. He felt any vote taken by the Council should be an open vote to be accessed by the public.
This was not to be an attack on Councilman Malcolm.
City Manager Goss stated he had indicated to the press that there was action taken to hire TopMark by
means of a purchase orders, four different purchase orders over four years.
Mr, Walker stated he had just learned today that there was a possibility of votes not being taken regarding
the hiring of TopMark.
VOTE ON MOTION: eatTied unanimously.
* * END OF CONSENT CALENDAR * *
Minutes
Page 8
July 10, 1990
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
24. PUBLIC HEARING ON CITY OPEN SPACE AND MAINTENANCE DISTRICTS FOR FISCAL YEAR
1990-91 - In accordance with the City Municipal Code Section 17.08, the City Engineer has prepared a report
on the spread of assessments for the open space districts. The report was accepted and the required public
hearing was set by Council at its meeting on 6/19/90. Staff recommends approval of the resolution.
(Director of Public Works and Acting Director of Parks and Recreation)/~ ~ t,
This being the time and place as advertised, the public hearing was declared open.
Cliff Swanson, Deputy Director of Public Works, stated staff had received information from the property
owners in District #11. They did not want the improvements included in the budget. As a result, staff has
recalculated the assessment roll and distributed the new figures to the Council for review. The assessment
per unit is $40.11 from the original $88.00.
Councilman Malcolm questioned whether any of the open space districts affected his residence in Tenca
Nova. He stated he was not sure if he could vote on this issue.
Jerry Foncerada, Acting Director of Parks and Recreation, stated Councilman Malcolm lived within District
#11.
Councilman Malcolm felt it was inappropriate of staff not to include maps, etc. in the staff reports so that
Council would be aware of any possible conflict of interest.
-.
Councilman Nader questioned whether any other Councilmember would be within any of the open space
districts.
Mr. Foncerada stated he was unsure and would have to check.
There being no public testimony, the public heating was declared closed.
Councilman Moore stated he had at-tended some of the open space district meetings and noted the poor
attendance. He also noted the efforts put forth by the City regarding the notification to property owners
regarding the meetings and felt the owners felt satisfied.
Councilman Nader referenced a letter received from Ponderosa Homeowners Association requesting Council
bid and administer Open Space District No. 8 separately, He stated he did not understand why they were
requesting the district be bid separately and he requested that staff contact Mr. Newcombe regarding action
to be taken by staff.
Mr. Foncerada stated Council had already rejected the bids, which included Open Space District No. 8 and
staff will be going out for rebids. Districts 3, 8 and 9 will be bid together to reduce costs.
RESOLLrflON 15707 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO
BE MAINTAINED AND LEVYING ASSESSMF2CT FOR FISCAL YEAR 1990-91
RESOLUTION 15707 OFFERED BY MAYOR COX~ reading of the text was waived, passed and approved 4-0-0-
1 with Councilman Malcolm abstaining.
Minutes
Page 9
July 10, 1990
MSC (McCandliss/Cox) to refer the letter from Ponderosa Homeowners Association to staff for comment and
poss~le action. Approved 4-0-0-1 with Counc~man Malcolm abstaining.
Councilman Moore requested a memo from staff outlining the problems insinuated in the letter.
25. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-9Odt2; REQUEST TO UTILIZE DWRI JJNG
AT 1515 HILLTOP DRIVE AS SHELTER FOR HOMEI.RSS YOUTH - SOUTH BAY COMMUNITY SERVICES,
INC. - Request by South Bay Community Services to use an existing 2900 square foot single-family dwelling
to house an eight-bed shelter for nanaway and homeless youth between the ages of twelve and seventeen
years. Staff recommends approval of the resolution with conditions. (Director of Planning) / ~ 'j~)/7
Robert Leiter, Director of Planning, stated the Planning Commission voted 3-1-3 for approval of the
Conditional Use Permit. Due to a Charter provision requiring four unanimous votes, a vote was then
approved 4-0-3 to deny, which would allow the applicant to appear before Council. Staff visited two
comparable sites within San Diego for their review of the project. Both facilities were well maintained and
supervised, and neighbors stated there were no problems associated with the homes. Staff therefore
recommended approval of the resolution with the following conditions: 1) no more than eight children be
on the site at any one time, 2) there be a qualified staff person on site at all times, 3) supervision of the
Founds and building be maintained in a neat and orderly fashion, and 4) that failure to meet all conditions
would constitute a review and possible revocation of the conditional use permit.
This being the time and place as advertised, the public heating was declared open.
Councilman Nader stated it was his understanding that the applicant would be allowed to house six children
without receiving a conditional use permit.
Mr. Leiter stated that was correct; the facility would only have to meet state requirements.
Kathryn Lembo Schroeder, 315 4th Avenue, Chula Vista, California, Director of South Bay Community
Services, supported the staff recommendation and stated there was an extreme need for this facility. She
stated Council had dealt with their organization for the seven to ten years and were aware of the quality
of services being provided.
Councilman Malcolm questioned why they did not open the home with six children and show the community
they would be a good neighbor. They could then approach Council for a conditional use permit which
would allow expansion.
Ms. Schroeder stated there was a need for a larger facility and she felt it was their duty to meet the needs
of the community. In order for them to receive the funding from the state, they must provide services for
eight children.
Councilw6man McCandliss questioned the assessment process for placement.
Ms. Schroeder stated the assessments are done by professional counselors. If there are severe psychological
problems they would not be placed in the home, The children will go daily to Summit School or their
current public school and there will be recreational programs, youth employment programs, and tutoring.
Group activities will then be held when the children return to the home around 4 o'clock. There will not
be tunscheduled time for the children without supervision.
Minutes
Page 10
July 10, 1990
Bill Winters, 1945 Duke Street, Chute Vista, California, representing the Board of Directors of Sou~h Bay
Community Services, supported the staff recommendation. He stated the concerns of the surrounding
residents can be controlled. He responded that he would receive complaints, personally, from surrounding
residents regarding problems.
Nicole Gunset, 315 Fourth Avenue, Chute Vista, California, stated she was a former runaway and supported
the staff recommendations. She had utilized the services of South Bay and is now a peer counselor for the
program.
Shefie Zamora, 315 Fourth Avenue, Chula Vista, Califomia, stated she was a former runaway and supported
the staff recommendations. She had utilized the services of South Bay and is now a peer counselor.
Patty Berne, 1215 Oak Avenue, Carlsbad, California 92008, stated she lived across the street from the Project
Oz North County facfiity. She spoke in support of the staff recommendation and wanted to assure the
residents that she had not encountered any problems with the facility over the last nine years.
Liz Shear, 3878 Old Town Avenue, San Diego, California, Executive Director for San Diego Youth and
Community Services, spoke in support of the staff recommendation.
Maureen Whitehead, 1514 Jasper Avenue, Chute Vista, Califomia 92011, stated her home was direcfiy
behind the proposed facility and spoke in opposition of the staff recommendation.
Mary Wood, 1525 Hilltop Drive, Chute Vista, California 92011, stated her home was next door to the
proposed facility and spoke in opposition of the staff recommendation. She stated she did not fear the
facility but was concerned the home was not adequate to house eight children·
Mrs. George Kathan, 1525 Jasper Avenue, Chula Vista, California, spoke in opposition of the staff
recommendation. She tried to visit an existing home in E1 Cajon only to find they had moved. The
neighbors stated they had trouble with the facility before it moved. She then found the new location, and
the neighbors also stated they had a problem with the facility.
There being no further public testimony, the public hearing was declared closed.
Councilman Nader stated it was his understanding the children would be homeless and before placement
would go through a screening process. He questioned whether there were any conditions as to who could
be placed and questioned whether Council could place conditions.
Mr. heiter responded the State had certain requirements, but Council could place additional conditions as
long as they could be monitored.
Mayor Cox stated the concerns by residents were understandable, but he felt there was a need for a facility
of this type. He noted he would support the conditional use permit and stated this was a use allowable only
upon certain conditions.
· Councilman Nader stated he understood the concerns of the property owners but also understood the
emergency level of need for this type of facility. He noted that South Bay Community Services had worked
with the City in the past on several programs which had been very successful.
Councilman Moore noted it was a difficult decision, and he understood the concerns of the homeowners.
He would support the application, and he noted the fine leadership of the applicant and expected them to
Minutes
Page I1
July 10, 1990
have an open door policy for the neighbors regarding their concerns. He stated he would accept justifiable
complaints regarding the facility.
Councilwoman McCandliss stated ir was important to realize that children run away for a variety of reasons.
She felt there was a darker side that also needed ro be addressed and that the neighborhood needed to be
protected against this. She would not support the request without a one year review. The burden should
not be placed on the neighbors, and she would like to have it granted for year with a rehearing at that time.
Councilman Malcolm felt there should be a six month review period as this was a new endeavor by the
South Bay Community Services. He also felt there should be condition requiring the good repair of the
fac~ity.
RESOLUtiON 15708 APPROVING PCC-90~2 SUBJECT TO CONDITIONS
RESOLLrFION 15708 OFFERED BY COUNCILMAN NADER, reading of the text was waive&
AMENDMENT TO RESOLUTION 15708: (Nader/lVloore) to add the following three conditions: 1) there be
a nview brought back to the Counc~ at six months and a rehearing by Council at one year, 2) the condition
of 'good repa/r~ be included in the resolution, and 3) the applicant agrees that the children housed at the
fac~ity be sc~_ned to keep our those with any background of violence and that the fac~ity be for abused
and abandoned children.
VOTE ON kMENDMENT: approved unanimously.
VOTE ON RESOLUTION 15708 as mended, approved unanimously.
Councilman Malcolm felt all those interested parties should be notified of the review at six months and
Council could revoke the conditional use permit at that time.
MSUC (Cox/Nader) to refer to staff to look at the intersection of Tamarindo Way and Hilltop Drive,
southwest corner, the last piece of property without full s~eet improvements, to evaluate the properW for
inclusion in the 1911 Act. Staff is also to repair the softspot (pothole) on Hilltop Drive, southbound, a~coss
from Holiday Court.
OTHER BUSINESS
26. ORAL COMMUNICATIONS
26a. Jerry Foncerada, Acting Director of Parks and Recreation, stated staff is preparing a report on the
Sunnyside Saddle Club for Council. The Sunnyside Saddle Club has not submiRed the information requested
by the Parks and Recreation Department. It is estimated that the total cost for $3 million coverage would
be $3,000. I
City Manager Goss stated he had not seen the report from Parks and Recreation but he was aware that staff
has been meeting with the Club and had requested information that had not yet been received.
Councilwoman McCandliss stated Council had been receiving the information from the Club and questioned
why this item was not docketed for this meeting, as Council had continued this item to a date specific.
Minutes
Page 12
July 10, 1990
City Manager Goss stated the minutes stated 90 days, although his recollection was 60 days. He stated the
City Manager's Office nor the Parks and Recreation Department have received any information from the
Club.
Councilman Nader referenced a letter received from the Club in which they stated the City interfered with
their efforts to obtain insurance.
Jerry Foneerada, Acting Parks and Recreation Director, stated he had been given a copy of the letter and that
Diana Levin, Risk Manager, had relayed the type of operation conducted by the Club to the insurance
company.
Mayor Cox informed the public that because the item was not docketed on the agenda, Council would be
unable to take any action, Due to the number of people wishing ro speak on this item, Council would hear
their oral comments.
Rozland Poehner, 1879 Manzana Way, San Diego, California 92139, President of Sunnyside Saddle Club,
stated the request for the additional insurance coverage was unreasonable, unrealistic and unfounded, She
noted the Club stressed safety and have never had a claim flied against them. She requested Council review
their current $1 million coverage, The facility is utilized by the Club seven times a year and is opened to
the public throughout the year. She requested the item be docketed for the Council meeting of July 24,
1990.
Allan Insko, 2935 Via Del Caballo Blaneo, Bonita, California 92002, member of the Sunnyside Saddle Club,
stated horse shows were not high risk activities. A survey of other club's revealed that the insurance
coverage was $1 million or less. The professional organizations also only carry $1 million of insurance.
Mayor Cox stated he had been informed by the City Attorney that Council could nor deliberate on this item
and requested that Mr, Insko give a copy of his information to the Council for their review.
Councilman Malcolm stated someone needed to take a leadership role from the Club to meet with staff in
order to supply Council with all the information in a report. He stated the reason for asking for the
membership list was to see the number of Chula Vista residents and the youth in the area utilizing the
facility.
Jewels Miehalak, 1721 Yale Street, Chula Vista, California, stated the Club is non-profit and offers an
alternative activity for the youth of the area.
Angie Cokinis, 2935 Via Del Caballo Blanco, Bonita, California 92007, Vice-President of the Sunnyside Saddle
Club, stated they had presented information to Jerry Foncerada at their last meeting on June 27, 1990.
Heather Insko, 293S Via Del Caballo Blaneo, Bonita, California 92007, gave information on deaths resulting
from falling from horses versus other activities.
Dwayne Severn, 29S7 Pettigo Drive, San Diego, California 92139, stated he had spoken to staff twice, He
referenced the past history of the equestyian trails within the area.
MS (Cox/Moore) to continue the Sunnyside Saddle Club issue m the Council meeting of july24, 1990 and
asked the staff to get together with representatives of the Club.
Minutes
Page 13
July 10, 1990
Councilman Moore stated he would like to know: 1) the number of years the Club has been in existence,
2) number of members that are residents of Chula Vista, and 3) times utilized, number of hours utilized, and
activities held.
Councilwoman McCandliss stated there were two distinct issues: 1) the use of the facility by the Saddle
Club, and 2) the use of the facility by the public. She stated she would be interested in knowing the
difference between the risk of the public utilizing the facility versus the public utilizing the riding trails on
public property throughout the City. She would like to see this addressed in the staff report.
Councilman Nader requested staff input on how the Club could work within the requirements of the City
and still continue their operation. He also expected comparables from facilities within other cities, and a
solution that would work, included in the report.
Councilman Moore stated the issue of subsidy and the pro's and con's should also be included in the report.
Mayor Cox noted that staff had not stated the Club should not be an integral part of the community. The
original question was whether there was sufficient insurance to protect to the City of Chula Vista.
VOTE ON MOTION: Approved unanimously.
26b. Bob Piantedosi, 2060 Crosscreek Road, EastLake Shores, Chula Vista, California 92013, representing
EastLake Homeowners, stated Shorebird Park has just opened and has been designated as adults only. The
residents surrounding the pool were upset with this designation. The property owners were never notified
that this area would be adults only. 1:~9~$'
Councilman Malcolm stated this was outrageous and was a prime example of why parks should not be
privatized.
MS (Malcolm/Nader) to refer this issue to staff for wacking and a report to Council on July 17, 1990.
Mayor Cox stated he had talked to Bob Santos of EastLake and was assured that the issue would be
addressed at the next Homeowners meeting on July 18th.
Councilman Nader requested that staff look specifically to see if there is any language in existing documents
that would stipulate public access to the park. He would like to see the item docketed for the next Council
meeting.
Councilman Malcolm stated the Unger Act prohibits discrimination against children and he felt this was
discriminatory.
Councilman Moore questioned what the City's official position was as it pertains the City versus the
Homeowners Association. He requested the City Attomey's opinion to be included in the report.
Fran O'Meara, 1858 Gamay Terrace, Chula Vista, Califomia 92013, Boardmember on EastLake Homeowners
Association, stated the rational behind the decision was based on the fact that all the other facilities
throughout EastLake were available to every resident in the EastLake area. The pool in question was not
designed as a large play pool, it has steep steps and is only about 3 1/2 feet deep. The Board considered
requests from the residents for a pool to swim laps and the decision is not permanent. It is to be tried for
only this summer to see if it is accepted by the community. Mr. Piantedosi was the fist property owner that
had contacted her and she had explained the process he should follow if he wanted the Homeowners m
readdress the issue. She stressed this was a Homeowner Association issue and the Board was trying to strike
Minutes
Page 14
July 10, 1990
)
a balance in which every homeowner had their fights protected. The pool will be opened to all ages during
the winter, as it is the only heated pool.
Councilman Nader recommended the pool be designated for a certain activity rather than an age limit.
Ms. O'Meara stated the Board was open to all suggestions and wanted the Council to understand the
situation.
Steve Gilles, t981 Rue Michelle, Chula Vista, California, Boardmember of the Homeowners Association,
supported Ms. O'Meara's comments.
VOTE ON MOTION: unar~mous.
27. ITEMS Pg FROM THE CONSTeNT CAI.t~NDAR (Items pulled: 5a, 5b, 22, 23) Minutes reflect
the published agenda order.
28. t2'i r MANAGER'S REPORTfS)
a. Reminded Council there will be a Council Worksession on July 26th at 4:00 p.m. The items will
include the report from the Growth Management Oversight Committee and an update on the Otay Ranch
Project. Other items such as Water Task Force, growth management element and Chula Vista 2900 will be
deferred to August or September depending upon Council's scheduling. ')
29. MAYORS REPORT(S)
a. Ratification of Appointments to Boards/Commissions:
MSUC tlVlcCandl/ss/Moore) m ratify the foUowing appointments to the Child Care commission: Jeanne R.
Arnold, Nancy Cavanaugh, George Haman, Ginger Heinz, Fran Larsen, Sue Welsh, and Katy Wright.
MSUC (MooredNader) to ratify the following appointments to the Cultural Arts Commission:
Joan Gerber, Larry Dumlao, Barbara McGovem, Ralph Torres, Dency S6uval and Coleen Scott. }~o I
CouncLtman Nader stated he had not had the opportunity to speak with Mr. Ghosgassian regarding his
background on environmental issues and requested the appointment be delayed until he had the opportuniv/
to speak with him.
MSUC t~looreZGox) to ratify the following appointments: International Friendship Commission: John
Rittenhous - Human Relations Commission: Mary Solvinsky - Commission on Aging: Ea~ Biggers - and trail
the appointment to the Resource Conservation Commission: Joe Ghosgassian to the meeting of July 24th.
Iqa~ ~.,
b. Terms of Montgomery Planning Committee Members - taken care of several weeks ago with the
terms being changed from two years to four years with the expiration date on June 30th to be consistent
with other Boards and Commissions.
c. Report on the Chula Vista 2000 Economic Development C6mmission recommendations,
Minutes
Page 15
July 10, 1990
ORDINANCE 2380 AMENDING THE CHULA VISTA MUNICIPAL CODE BY REPEALING CHAPTEE 2.30
OF THE MUNICIPAL CODE AND ADDING A NEW CHAPTER 2.30 ESTABLISHING THE ECONOMIC
DEVELOPMENT COMMISSION ('first teadinE) - Ordinance amendment repealing old chapter and adding new
chapter to Municipal Code to allow activation of an Economic Development Commission to assist City
Counc~ in fostering economic development, Staff recommends Council place ordinance on first reading.
(Community Development Director) /~o~
ORDINANCE 2380 pLACR. n ON FIRST READING BY COUNCILMAN MALCOLM, reading of the text was
waive&
Councilman Nader questioned whether a goal was included within the ordinance which would identify job
needs of area residents and develop strategies to meet those needs. If it is not included, he would like to
see it added for second reading.
Councilman Malcolm agreed to incorporate this into Ordinance 2380.
VOTE ON ORDINANCE 2380: approved unanimously.
30. COUNCIL CO~
a. Councilwoman McCandliss:
Deliberate on all aspects of instituting an early-age street use and safety program including vehicle
operation, vehicle rules and traffic safety, and requesting a staff report regarding the advisability and cost
of instituting same.
MSC (McCandliss/Moore) refer to staff, with a report back to Council, a review of the program in Vancouver
with recommendations brought forward for adoption. Approved 4-0-1 with Mayor Cox absent.
MS(; (McCandliss/Moore) refer to staff, and any other group that is appropriate, a review of the standards
Council has set for state housing with recommendations hack to Council. Approved 4-0-1 with Mayor Cox
absent. /
Expressed her concern over the landscaping of the Navy housing development. She questioned
whether Mayor Cox and Councilman Moore could work with the Navy SANDAG representative to improve
the landscaping,
MSC (McCandli~s/Nader) refer to staff to review and bring back strategies for improving the landscaping.
Approved 4-0-1 with Mayor Cox absent.
Request that the Council deliberate on a policy of providing notice of site specific decisions by all
methods including posting signs on the project site.
b. Councilman Moore:
Clean Water Program Governance Advisory Group - background information on weighted vote and
representation on the Advisory Group.
Minutes
Page 16
July 10, 1990
Stated the representatives are to return to the Advisory Group with input regarding a weighted vote, number
and how people will be appointed to the Board of Directors for the special act district. He requested that
Council apprise him of any concerns they may have regarding this issue.
Stated there were two sights being pursued for the proposed auto park. He noted the EIR is being
prepared for East H Street and questioned if an EIR was also being prepared for Otay Valley Road. He felt
they should both be released simultaneously.
Chris Salomone, Director of Community Development, stated staff is prep aring an analysis of the former EIR
and will be coming before Council i~ Closed Session next weeIt.
City Attorney Boogaard stated Council should avoid deliberation on this issue. If it is question of when it
will be docketed, it is a proper matter, if not he would ask Councilman Nader to leave the alias.
Councilman Nader left the dias during the discussion.
Mr. Salomone stated the item was docketed on the Redevelopment Agency agenda for Closed Session and
could be discussed at that time. ,
Councilman Nader returned to the alias.
Questioned if an overlay could be used during the televised Council meetings that would inform the
public of what the street sweeping schedule is.
City Manager Goss stated that could be done and he also felt it could be published in the Chula Vista
Quarterly.
Requested that staff inform the Council about any grading that would appear to be visually
excessive.
John Lippitt, Director of Public Works, stated there will be a report to Council at their next meeting
regarding grading which will also address this issue.
Councilman Malcolm requested staff look at the possibility of having the streets swept every night while
grading is being done in a development.
Stated the City is having more "fun runs" which result in the closure of streets than is probably
realized. He requested more information regarding the intersections which are being closed and the possible
policy which would decrease the duplication of these intersections.
c. Councilman Nader:
Convening the Charter Review Committee to review any and all aspects of the Charter as the Council
may direct.
Mayor Cox requested the Charter Review Committee review the number of members (increasing from five
to seven) appointed to Charter established Boards and Commissions, i.e. ParIts and Recreation Commission,
Civil Service, Board of Appeals and Library Board of Trustees.
Counc~man Moore expressed his concern over changing a quorum vote of any committee and did not feel
it was appropriate to send it to the Charter Review Committee.
Minutes
Page 17
July 10, 1990
Councilman Nader felt it was the appropriate time to convene the Committee, with the election in November,
to have them consider recommendations for Char~er amendments and bring those forward for Council
consideration.
City Attorney Boogaard stated there was no written rule, but historically, any member of staff, the public,
or Council could appear before the Charter Review Committee. August 7th is the deadline set by the
Registrar of Voters to place an item on the November ballot.
Councilwoman McCandliss expressed her concern over changing a quorum vote of the commissions or
boards.
MSC (Nader/Moore) to direct staff to convene the Charter Review Committee, as soon as poss~le to consider
and make recommendations of possible Charter amendments to be placed on the November ballot and to
provide m~mum public notice of the meetings. Incumbent members of the ComrnLt'fee are to continue
serving. Appruved 4-0-1 with Mayor Cox absent. /a/to(.,
d. Councilman Malcolm:
Stated the Costat Commission has informed him they will be processing a request to the Chula Vista
Redevelopment Agency to help fund a special consultant to help process the findings and declarations that
are necessary to oppose the SDG&E plant.
ADJOURNMENT
The meeting adjourned to a Joint City Council/Redevelopment Agency meeting at 9:50 p.m. to discuss:
1A. [Option A]
RESOLUTION 15709 ALrl'HORIZING STAFF TO NEGOTIATE WITHIN FORTY-FIVE DAYS AN OWNER
PARTICIPATION AGRRRMENT WITH PACIFIC SCENE, INC. FOR THE DEVELOPMENT OF THE PALOMAR
TROI-I.hTXr CFANTER PROJECT AT THE SO~ST CORNER OF PALOMAR AND BROADWAY - At the
Council meeting of 6/12/90, Council directed staff to return with the staffs recommendation for the
development of the Palomar Trolley Center Project and the developer's proposal for the replanning and
rezoning of the Palomar Trolley Center site. As a result of conferring with Pacific Scene, Inc., staff and
Pacific Scene reached an agreement as to the proper method of proceeding with the development of this
project. The attached resolution directs staff to implement that agreement. Staff recommends approval of
the resolution. (City Attorney) /~tOD~
RESOLUTION 15709 O~ BY COUNCILMAN MALCOLM, reading of the text was waive&
Councilman Malcolm stated staff and Pacific Scene have both agreed to delete Vista Paints and he would
include the deletion of this tenant in his motion.
VOTE ON MOTION: approved unanimously.
B. [Option B]
RESOLLrrION 15678 CONGURPdNG IN ENVIRONMENTAL REVIEW AND PunPROVING AGR~RMF, NT TO
GRANT RESTRIL-HX/E COVENANT OF TOTAL SITE REVIEW TO CITY FOR PALOMAR STREET TROLLEY
COMMERCIAL CENTER PROJECT (continued from 6/19/90 Council meeting) - Resolution will approve the
Minutes
Page 18
July 10, 1990
determination by staff that the environmental impacts of the proposed project are mitigable, orders the )
institution of mitigation measures, and approves an agreement from Pacific Scene granting a restrictive
covenant of Total Site Review to City. (City Attorney)
C. [Option C]
RESOLLrFION 15710 AI~IENDING THE MONTGOMERY SPECIFIC PLAN (GPA-88-2M) TO REPLAN THE
PSI SITE AS 'MERC. ANTIhE AND OFFICE COMMERCIAL"
ORDINANCE 2381 REDESIGNATING THE [PSI SITE] PARCEL FROM M-52 TO C-C-P (PCZ-88-J[M'J)
[first reading)
RESOLUTION 15711 APPROVING AN AGBFR/ulF.2qT BETWEEN THE CITY OF CHULA VISTAAND PACIFIC
SCENE INC. RRIATING TO 12.22 ACRES IN MONTGOMERY
ORDINANCE 2382 AN URGENCY ORDINANCE PROHIBITING THE ISSUANCE OF A BUILDING PERMYF
FOR A SPE~.;IHED PARCEL TO ALLOW A STUDY OF THE PROPER DEVELOPMENT OF THE SITE/.'/o/.~
Following the Joint City Councfl/Redevelopment Agency meeting the City Council resumed at 9:55 p.m. to
closed session to discuss:
City Attorney Boogaard requested deferral of the Jones Intercable Franchise, Wisconsin Mortgage Assurance
Company, and potential sale of property on Fifth and "C" Streets to a later date.
Potential litigation pursuant to Government Code Section 54956.9(a) - Appropriate Technologies~
Inc.
Pending litigation pursuant to Government Code Section 54956.9(a) - Sheridan versus City of Chula
Vista
Pending litigation pursuant to Government Code Section 54956.9(a) - Hart versus City of Chula
Vista
Pending litigation pursuant to Government Code Section 54956.9(a) - Dertik Robeno versus Paul
Vfllalpando, City of Chula Vista
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)
Threatened Litigation and Property Disposition pursuant to Government Code Section 54956.9(a)
and 54956.8 - Cable Television Franchise to Jones Intercable
Instruction to negotiators regarding compensation for represented and unrepresented employees (or
both) pursuant to Government Code Section 54957.6.
Pending litigation pursuant to Government Code Section 54956.9 - Wisconsin Mortgage Assurance
Co. versus City and Redevelopment Agency of Chula Vista
Minutes
Page 19
July 100 1990
ADJOURNMENT AT 10:30 P.M. to the Regular City Council Meeting on July 17, 1990 at 6:00 p.m. in the
City Council Chambers.
Respectfully submitted,
BEVERLY A.. AUTHELET, CMC, City Clerk
Vicki C. Soderquist, Deputy~ity Clerk