HomeMy WebLinkAboutcc min 1990/11/20 MINLrr~S OF A REGULAR MEETING
OF THE CITY OF CHULA VISTA
Tuesday, November 20, 1990 Council Chambers
6:10 p.m. Public Services Building
CALL TO ORDER
1. ROLL CAI~:
PRESENT: Councilmembers Malcolm, Moore, Nader, and Mayor Cox
ABSENT: Councilwoman McCandliss
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Beverly
A. Authelet, City Clerk
2. PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER
3. APPROVAL OF MINUTES: August 23, 1990
MSC (Moore/Cox) to approve the minutes of August :23, 1990 as presented. Approved 4-O-1 with
Councilwoman McCandliss absent.
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of videotape of community celebration for Mayor Cox - Martin Altbaum, Chula Vista
Cable stated that copies of the videotape would be available at no charge to any community organization.
b. Presentation of prodmarion to LL Dan Blackstone for twenty-seven years of dedicated service to
the City of Chula Vista Police Department. City Manager Goss presented Lt. Blackstone a statue on behalf
of City staff for his dedicated service.
CONSENT CAI.ENDAR
(Items pulled: 5A, 12, 17, 20, 21, 23, 24, 25, and 26)
MSC (Nader/Moore) to continue Items 16 and 18 to the meeting of December 4, 1990. Approved 4-0-1 with
Councilwoman McCandliss absent.
BALANCE OF CONSENT CAI.ENDAR OFFERED BY COUNCILMAN NADER, reading of the text was waived,
passed and approved 4-0-1 with Councilwoman McCandliss absent.
MSC (Malcolm/Cox) to continue 5a to the meeting of November 27, 1990 at 4:00 p.m. Approved 4-O-1 with
Councilwoman McCandliss absent.
S. INRrI'IEN COMMUNICATIONS:
a. Claim against the City - Ms. Margie J. Phares, 3465 Via Mandril, Bonita, California. It is the opinion
of Risk Management, the City Attorney, and the City's Claims Administrators, Carl Warren & Company that
Minutes
November 20, 1990
Page 2
the claim be processed as follows: return as late that portion of the claim and damages accrued prior to one
year before the date of filing of the claim, i.e., 10/16/89, amounting to $50,618.72, and deny the balance
of the claim, $68,429.64. Recommended that the claim against the City filed by Margie J. Phares be
processed as recommended, i,e., that portion of the claim and damages accrued prior to one year before the
date of filing the claim be returned as late ($50,618.72), and the balance of the claim ($68,429.64) be
denied. Pulled from Consent Calendar. Continued to the meeting of November 27, 1990.
b. Letter of resignation from the Planning Commission - Jim Camill. It is recommended that Jim
Cartmill's resignation from the Planning Commission be accepted with regret and a letter of appreciation
be sent.
6.A. ORDINANCE 2415 AMENDING SECTION 3.44.150 OF THE MUNICIPAL CODE TO PROVIDE
POR A MANDATORY VOTE UPON AN ABATEMENT OF THE EI.ECTRIC USER'S OR GAS USER'S TAX SUCH
AS TO P'ERMIT AN ACTUAL TAX RATE IN EXCESS OF THE CURRENT MAXIMUM, OR VOTER APPROVED
BASE RATE (second reading and adoption) - At the October 25, 1990 meeting, the Council adopted
urdinances 2409 and 2414 to preserve the City's future flexibility in establishing utility uset's tax rates in
light of Proposition 136 on the 11/6/90 ballot. In adopting these ordinances, the Council also directed the
City Attorney to return with another ordinance that would require a majority vote of the public if the Council
wished to increase the actual electric or gas users tax rate above the current maximum rates. At its 11/6/90
meeting, Council placed on first reading ordinance 2415, to provide for such a mandatory vote. These
ordinances were all intended to address a post-proposition 136 environment and since proposition 136 was
defeated at the 11/6/90 election, staff recommends that ordinances 2409 and 2414 be repealed and that
ordinance 2415 be filed. (Deputy City Manager Thomson) Continued from the November 13, 1990 meeting.
B. ORDINANCE 2423 REPFd~LING ORDINANCE NUMB.Ell 2409 070 REQUIRE ANNUAL PUBLIC
HF3.RINGS TO SET VARIOUS UTILITY USER'S TAXES AT RATES LESS THAN THE MAXIMUM IMPOSED)
AND REPEALING ORDINANCE NUMBER 2414 CFO PROVIDE FOR COST OF LIVING INCREASES IN THE
MAXIMUMUTILITYUSER'STAXESYETSUBJECTTOANNUALTAXABATEMENTHEARINGS) (timtreading)
7. ORDINANCE 2417 AMENDING SECTION 2.16.060 OF THE MUNICIPAL CODE EXPANDING
'IHE SIZE OF THE PARKS AND RECREATION COMMISSION FROM FIVE TO SEVEN ~ERS (second
reading and adoption) - Staff recommends Council place the ordinance on second reading and adoption.
(City Attorney)
8. ORDINANCE 2418 ESTABLISHING THE MONTGOMERY PLANNING COMM11 IIiE (second
readin:~ and adoption) - (Mayor Cox) lStq~
9. ORDINANCE 2421 lIEZONING PCZ-90-Q-M - HARBORSIDE '13' PART II REZON1NG (second
reading and adoption) - Staff recommends Council place ordinance on second reading and adoption.
(Director of Planning) lqqq7
10. ORDINANCE 2422 PREZONINGll.7ACRESLOCATEDSOLITHOFLYNDALELANE-PCZ-89-M
(second reading and adoption) - Staff recommends Council place ordinance on second reading and adoption.
(Director of Planning) ]q~! 5~ g
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November 20, 1990
Page 3
1 l. ORDINANCE 2424 AMENDING ORDINANCE NUMBER 1970 RELATING TO THE FINANC/NG
OF COMMERCIAL AND INDUSTRIAL DEVELOPMF2qT WITHIN THE CITY OF CHUIA VISTA (first reading) -
The ordinance amends the City's existing Industrial DevelOpment ordinance to make clear that the defined
terms "bonds" and "project" apply to project financing undertaken by nonprofit corporations, such as the San
Diego National Sports Training Foundation. Staff recommends Council place ordinance on first reading.
(Director of Finance)
12. ORDINANCE 2425 CREATING THE CHULA VISTA INTF~-AGENCY WATER TASK FORCE AND
ESTABLISHING THE FIdNCTIONS AND DUTIES THEREOF (first readinK) -In June 1990, the City Council
received the Final Report of the Ad-Hoc Water Task Force. One of the Major recommendations of that Water
Task Force committee was to establish an Inter-Agency Water Task Force, including members from the City
Council of Chula Vista and representatives from the two water agencies serving Chula Vista. (Director of
Public Works) Pulled from Consent Calendar.
Bud Pocklington, Director of Sweetwater Authority, stated the recommendation from the Task Force was for
two members (elected) from each water agency along with two Councilmembers serve. He recommended
that a seven member board be set up with this structure and one member-at-large.
Garry Butterfield, 926 Myra Avenue, Chula Vista, California, representing Sweetwater Authority, questioned
the staff recommendation for a "master water plan". He questioned whether this was a master water plan
for the City. If it is not a part of the General Plan, it is difficult for the water agencies to accommodate it.
They felt the City should be the master land use planner with the districts supporting the City.
City Manager Goss responded that the intention was to be more of a general level of plan on the part of the
City. It is a design so the City can develop ies own statement as to what their goals and objectives should
be in these areas, it is not to be an engineering plan. It should be designed to coordinate with the plans
from the water districts.
Councilman Nader expressed concern over the possible duplication or conflict with the water authority plans.
He also expressed concern over the water plan being driven by the general plan rather than the other way
around. He felt it would be advisable to have the task force recommend any changes that would be needed
in the general plan.
City Manager Goss stated the City would set standards that they would like to see for residents. It would
be advisory to the water districts.
Mr. Butterfield responded that the agencies already worked well with the City on technical levels. There
needed to be a better exchange on policy levels.
Keith Lewinger, 3145 Kemberly Lane, Jamul, California, representing Otay Water District, stated one of the
primary goals of the group in forming the Task Force was to provide close communication and coordination
between the water districts and the City, i.e. the water districts water plans and the Citys general plan. The
group did not talk about the districts telling the City how to do land use planning, nor the City telling the
districts how to design a water system. They felt it prudent to acknowledge that the two water districts are
very different, but have one goal which is to provide high quality water at a low price. The Task Force
should have one major generalized goal, which is to encourage the development of water agencies master
water plans and any related action or implementation plans to insure an adequate water supply. That
language gives the Task Force flee reign to address any of those issues but doesn't demand they address
those issues when it might not be appropriate for either one of the agencies or the City. The City needs to
address "advisory standards". They recommended that the Council approve the supplemental language as
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November 20, 1990
Page 4
submitted and support the seven member board with two representatives from each water agency and
Council with one member-at-large.
MSC (Moore/Malcolm) to refer to staff to work out differences between the three entities and to amend the
membership of the Task Force to include two members from each water agency. Approved 4~-1 with
Councilwoman McCandliss absent,
M (Nader) refer to staff to include among the respons~ities of the Task Force to develop, study and
recommend lend use policies that would be consistent with the goals that are outlined in the water plans.
Motion died for lack of second.
Councilman Nader clarified his motion, it was his intent to obtain recommendations regarding land use from
the Task Force and not have them set policy.
13. ORDINANCE 2426 AMENDING SECTIONS 2.04.090, 2,04.120, 2.04.150 OF THE MUNICIPAL
CODE PERIVIIWFING BOARDS, COMMISSION AND COMIVII'I'I'EgS TO PLACE MA'I'I'ERS ON THE COUNCIL
AGENDA, AND MAKING OTHER VARIOUS CHANGES TO AGENDA PREPARATION PROCEDURES (first
reading) - On August 21st, Council directed staff to modify the existing agenda format to allow for placement
of Boards and Commission items on the agenda. The attached ordinance accomplishes that result. Staff
recommends Council place ordinance on first reading. (City Attomey) /qSo /
14. RESOLUTION 15947 AMENDING FISCAL YEAR 1990-91 BUDGET AND PROVIDING FOR THE
APPROPRIATION OF FUNDS FOR SALARY, BENEFTr INCREASES AND OTHER RRtATED ~ - To
appropriate funds necessary to provide salary and benefit increases for FY 1990-91 as agreed in Memoranda
of Understanding with IAFF, CVEA, and WCE. The resolution also provides funding for increases granted
to executive and mid-management, unrepresented/unclassified, and hourly employees. Staff recommends
approval of the resolution. (Director of Finance) Requires 4/S's vote.
15. REPORT REQUESTING AUTHORITY TO NEGOTIATE AN AGRRF. MENT WITH THE
AMERICAN LEGION FOR RELOCATION, DEMOLITION AND REPLACEMENT OF THEIR FACILITY WITH
JOINT USE PROVISIONS - Authorization will allow staff to negotiate an agreement for the sale of a
conditional fee on the new site, construction of a new two story facility with upper level linking land bridge,
demolition of the old site, and joint use agreement for the sharing of the second story of the new facility,
all of which is to be consistent with the proposed business terms, proposed contract would then be
submitted to the Parks and Recreation Commission for comments before being brought to Council for review.
Staff recommends Council accept the report. (City Attorney)
16. RESOLUTION 15950 APPROVING REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDS FROM COMPLETED AND DEFERRED PROJECTS TO CURRENT PROJECTS,
TRANSFER OF CDBG FUNDS FROM CURRFANT PROJECTS TO NORMAN PARK SENIOR CENTER
RENOVATION PROJECT AND REPLACEMENT WITH AN EQUAL AMOUNT OF GAS TAX FUNDS, AND
REQUESTING THE COUNTY BOARD OF SUPERVISORS TO REPROGRAM FUNDS FROM COMPLETED
PROJECTS TO THE ORANGE AND FOURTH AVENUE PARK DEVELOPMENT PROJECT -Unencumbered fund
balances from completed CDBG projects and funds from deferred projects are proposed to be transferred to
current CDBG projects in need of additional funding. In addition, CDBG funds will be shifted from a number
of current projects and replaced with other funds. Staff recommends approval of the resolution and request
/~0 ~/
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November 20, 1990
Page 5
that the Board of Supervisors transfer funding from completed Urban County projects to the Orange and
Fourth Park Development project. (Director of Community Development) Requires 4/S's vote.
Continued to meeting of December 4, 1990.
17. RESOLUTION 1SgSI APPROVING MASTER PLAN FOR GREG ROGERS PARK AND ADOPTING
THE NEGATIVE DECLARATION FOR IS-90-S1 - Since October of last year, the Department has been working
with the architectural firm of Gillespie/DeLorenzo and Associates to design a Master Plan for Greg Rogers
Park. The Master Plan was financed by the Great American development Company as a condition of
approval of the Tentative Subdivision Map for Rancho del Sur, Chula Vista Tract 87-8. In addition to
financing preparation of the plan, the developer will make $100,000 of improvements to Greg Rogers Park,
per the Sunbow Public Facilities Plan approved by Council on 2/20/90. These improvements shall be
consistent with the Master Plan. Staff recommends approval of the resolution and adoption of the Negative
Declaration. (Director of Parks and Recreation) Continued from the 11/13/90 meeting. Pulled from
Consent Calendar.
Anthony Angelo, 595 Azalea Street, Chula Vista, California, President of Parkview Little League, spoke in
support of staff recommendations. They have had programs at the park for the last 23 years and are
representing over 2,100 parents and 583 children that participate in the program on a yearly basis. With
the addition of new developments, they are in dire need of additional and upgraded facilities. All the
children participating in the program are from Chula Vista and he requested that Council support staffs
recommendations.
Ralph Munoz, 591 Pineridge Court, Boaira, California, representing the Youth Sports Council, spoke
support of staff recommendations.
Louis Gunnlaugsson, 1220 Oleander Avenue, Chula Vista, California, stated he was in support of the park
but the removal of the parking area, which serves as an effective barrier from passive and active areas in
the park should not be approved by Council at this time. He noted that approximately 23 trees would have
to be removed for the parallel parking lot proposed would change the entire focal point of the park. The
beauty of the neighborhood and park would be eliminated. Elementary and pre-school children would then
have to walk along a 200 foot stretch of sidewalk with traffic on both sides. He recommended new plans
for a parallel parking lot in the park and a postponement of the issue until he can contact other people in
the neighborhood. He stated the only notification received was last week for the meeting tonight. In
contacting his neighbors, only one out of ten had received notification of any meetings regarding this issue.
Jess Valenzuela, Director of Parks and Recreation, replied that 525 notices were sent out on two occasions
prior to the public hearing and a press release was also published two weeks prior to the public hearing.
These are sent out by parcel number, therefore, a tenter would not receive the notice as it would go to the
owner of the home.
Councilman Nader noted that the public meeting was held over one year ago and questioned whether there
were any public meetings held after that date.
Mr. Valenzuela replied that there were no other public meetings held. This item was heard by the Parks and
Recreation Commission without notices being mailed.
John D. Adams, 2168 Oleander Avenue, Chula Vista, California, spoke in opposition to the staff
recommendations. He stated he received notice that Council would be reviewing the Master Plan and was
surprised to find that the action tonight was to approve the Master Plan. He felt there was a problem with
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November 20, 1990
Page 6
the Citfs notification process and noted that the school PTA's had not been notified. Notification should
have also gone out when reviewed by the Parks and Recreation Commission and he requested that the
Master Plan be continued until the neighborhood had the opportunity to review the document and give a
response. He questioned why the security building could not be removed until the third phase, as it blocked
the scenic view. According to the staff report, the School District was not notified of the master plan
development and stated that this was originally developed as a joint use between the City and the School
District.
MS CMalcohn/Nader) to refer back to the Parks and Recreation Commission due to lack of notification to
area residents.
Mayor Cox felt there should have been more coordination between the two elementary schools. He would
like to have staff review the possibility of a tot lot, etc. that would be accessible to handicapped and other
disabled children.
Councilmembers Malcolm and Nader agreed to include Mayor Cox's recommendations in their motion.
Councilman Moore noted the poor public response to other public meetings that had been noticed by the
City and felt the current policies were insufficient. The public should be involved in the planning phase
rather than the approval phase.
Mr. Gunnlaugsson stated he would personally notify his neighbors of the date and time if the item is
1-escheduled for review.
Councilman Nader suggested that notification go to residents and not just property owners, the utilization
of post cards would also be less expensive. Notice should also be sent when an issue goes before an advisory
committee. A public meeting should be held after the draft document has been revised to include public
input from the initial public meeting.
VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent.
18. RESOLUTION 15952 SECOND MODIFICATION TO THE AGREEMF2qT BETWEEN THE CITY OF
CHULA VISTA AND WILLDAN ASSOCIATES FOR THE GROWTH MANAGEMENT PROGRAM AND
APPROPRIATING FUNDS - The City of Chula Vista and Willdan Associates entered into a contract for
consulting services regarding growth management in the Spring of 1988. Since that time, the program has
evolved considerably into the final draft product recently presented to Council. Willdan is requesting a
contract amendment for work performed over and above the original scope of work and for needed
expansion and implementation work through March, 1991. Staff recommends approval of the resolution.
CDirector of Planning) Requires 4/S's vote. ,t~/d~,
Continued to meeting of December 4, 1990.
19. RESOLUTION 15953 APPROVING AN AGREEMF2qT WITI-I ROBERT BEIN, WILLIAM FROST AND
ASSOCIATES FOR DESIGN ENGINEERING SERVICES REQUIRED FOR BROADWAY IMPROVEMENTS
BETWEEN 'L' STREET AND NAPLES STREET - The Engineering Division sent requests for letter of
interest/statement of qualifications for design services for Broadway improvements between "L" Street and
Naples Street. Twenty-two firms responded. Based on the analysis of the proposals and interviews, the
selection committee recommends that the contract be awarded to Robert Bein William Frost and Associates.
Staff recommends approval of the resolution. (Director of Public Works) 1Y~66
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November 20, 1990
Page 7
20. RESOLUTION 15954 ACCEPTING BIDS AND AWARDING CONllL~CT FOR ROHR COMMUNITY
PARK RENOVATION - PHASE I - On 11/14/90, sealed bids were received for renovation of Rohr Community
Park Phase I. The project consists of demolition, grading, landscaping, irrigation, parking lot improvements,
lighted hall fields, group picnic shelters and other miscellaneous items. Staff recommends approval of the
resolution and award the contract ro Wm. 2. Kirchnavy Construction in the amount of $2,371,249.43.
(Director of Public Works) Pulled from Consent Calendar.
Councilman Nader questioned whether the bid included the cutting down of the eucalyptus trees.
3ess Valenzuela, Director of Parks and Recreation, responded that it did.
George Kost, 3609 Belle Bonnie Brae Road, Bonita, California, representing the Sweetwater Valley Civic
Association, requested that Council postpone the item until the new Council is seated. He expressed his
concern over the cutting down of the eucalyptus trees.
Mayor Cox requested that staff clarify whether the trees in the Fort Apache area were to be removed.
Mr. Valenzuela responded that some of the trees in Fort Apache area would be removed but not all.
Councilman Malcolm stated the majority of the trees would be removed from the valley or the dip directly
west of the Optimists. At his request, Dr. Nelson inspected the trees and confirmed that the trees were a
liability and needed to be removed. To save the remaining trees, it would cost the citizens of Chula Vista
$500,000. All trees are being replaced on a one to one basis with 36 and 48 inch boxes.
RESOLLrrlON 15954 OFFERED BY COUNC2LMAN MALCOhM, reading of the text was waived.
Councilman Nader stated it was his impression that most of Fort Apache was being dear cut and was now
being told that not all trees in that area were being removed.
SUBSTITLrrE MOTION: CNader) to continue for three weeks, staff to provide a map indicaffng where trees
are being cut. Motion died for lack of second.
Mayor Cox stated he had been convinced that the trees scheduled to be removed were diseased and needed
to be removed. The master plan had been in the works for over five years with the City setting aside
funding for three years. He was prepared to vote tonight and felt if staff proceeded with selective removal
and carried out their commitment to replace the trees removed, the project should move forward.
VOTE ON MOTION: approved 3-1-1 with Councilman Nader voting no and Councilwoman McCandliss
absent.
21. RESOLUTION 15955 APPROVINGENCROACHMENTPERMITNUMBERPE-194ALLOWINGTWO
DRIVEWAYS FROM GREENWOOD PLACE ACROSS OPEN SPACE LOTS 1N BON1TA RIDGE ESTATES AND
ADOPTING NEGATIVE DECLARATION (IS-80dt0, AS AMENDED), FOR SAME - Approximately one year ago,
the owner of two parcels of land east of Greenwood Place (also known as the McCann parcels) applied for
an encroachment permit to install two driveways to access those lots through two City Open Space Lots.
After a lengthy process of meeting with the property owners on Greenwood Place, revising the plans to show
an acceptable proposal and completing the environmental studies. Staff recommends approval of the
resolution. (DirectorofParksandRecreationandDirectorofPubljcWorks) Pulled ffom Consent Calendar.
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November 20, 1990
Page 8
Cliflbrd Swanson, City Engineer, informed Council that staff had received a call from Burderte Hansen of
Greenwood Place, who could not be here, expressing his opposition to the staff recommendations.
Tim P. Jones, 978 Myra Avenue, Chula Vista, California, representing Indepth Drafting, designers of the
project, stated there were several misprints that he wanted to correct. Exhibit B - the northerly and
southerly driveways are sixteen feet; on page 3 of the Amendment to the Negative Declaration, the first two
paragraphs regarding fire are in error, they have been resolved and agreed to by the Fire Marshall. In the
first proposal, the total encroached area was 76 feet in width, 8-12 feet high retaining wails, very few
landscaping improvements and no maintenance agreements. It is now proposed that it will be a Code I,
totally landscaped and sprinkled area. They will enter into maintenance agreements, eliminated all retaining
wails and now feel the proposal will upgrade the area.
Clifford Swanson, City Engineer, stated the previous City Attorney had stated that the new owners would
have to reapply for a similar encroachment. This is the only access these parcels have and the parcel map
was approved on that basis.
Councilman Nader questioned why the property owner could not make similar use of the property by having
one encroachment through the center of the open space lot that would divide into two driveways once the
open space is crossed.
Mr. Jones responded that the southern parcel is extremely lower than the northerly parcel. They felt the
~;riginal design as approved was inferior and not conforming to the natural terrain. If the City was going
to have them reapply for a new permit, they would redesign the project.
Mr. Swanson replied that staff agreed with Mr. Jones' assessment of the redesign.
Loc Nguyen, 4202 Lynnwood Drive, Chula Vista, California, properly owner, stated he would not have
purchased the property if he had known of the process and expense involved in obtaining an encroachment
permit. He had been told at the time of purchase that he had the right to build and requested that Council
approve the request.
Don Mayhue, 298 Greenwood Place, Bonita, California, spoke against the staff recommendations. He felt
that by granting the easements, Councii was not safeguarding the open space but abusing it. He agreed that
the owner should be able to build houses, but rather than coming in from Greenwood, they should come
m from Palm Avenue. There is a house half-way up that currently has access from Palm Avenue.
Mr. Swanson stated that Palm was separated by one large lot and possibly two. In reviewing the parcel map,
staff could not find legal access to Palm Avenue. When the parcel map was approved, Council had already
diven authorization for the encroachment permits to the developer, that was the basis for signing the parcel
map.
Councilman Nader questioned whether the Council could legally deny the encroachment permits.
City Attorney Boogaard responded that he had not been consulted, but that the general rule of easement by
necessity would be that if there was an alternative legal access to Palm Avenue that would suffice it is not
legally required that the City grant the easement. It is also not legally required that the City grant the
easement in the manner proposed. He would like the opportunity to be consulted and be advised of the
facts before Council goes further with consideration.
Steven H. Ferriot, 290 Greenwood Place, Bonita, California, spoke in opposition to the staff
recommendations. Much of their motivation to purchase there property was due to the open space. His
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November 20, 1990
Page 9
property is directly across from the open space district and he felt there would be a degradation of life if the
permit was approve& He expressed concern over safety factors, i.e. steep driveways and visibility. Another
factor would be the bridge which he felt would be an attractive nuisance to the neighborhood children. The
slope of property is extreme and would require tons of fill din in order to prepare the pads and he expressed
concern over the noise, m2cks on the road, grading and drainage.
John Vanderslike, 306 Greenwood Place, Bonita, California, spoke in opposition to the staff
recommendations. He referred to Exhibit A and stated the actual construction of the houses are in the
County and that the Council would be penalizing the citizens of Chula Vista to accommodate those living
in the County. The homes would not be bringing in tax revenues for the City. He felt the easement should
be given by the County through County land. He requested that Council not rubber stamp an easement that
was granted in 1980 at the expense of the citizens of Chula Vista.
Mr. Swanson responded that the map indicating that the property was in the County was the original map
that was submitted with the original encroachment. One of the terms of approval of the parcel map was
annexation to the City. The property is now in Chula Vista.
Councilman Malcolm questioned whether staff had worked with the applicant to move the driveway at the
far north end and run a separate driveway down the properties along the open space to reduce the number
of driveways in the area.
Mr. Swanson replied that they had not.
Councilman Malcolm felt it was difficult for the City not to grant access to the property but he felt it could
be done in several different ways. He was opposed to the City giving away land and felt it should be sent
back to the City Attorney to consider a fee for the granting of the easement in open space.
MS CMalcolm/Cox) to refer to staff to bring back a report to include the commitment made at the time of
granting a lot split, can the Council deny total access and require the properly owner to access the property
from Palm Avenue, the payment of a fee for the granting of the easement, and a less intrusive and single
location that would be most accommodating to the neighbors and the open space district.
Mr. Jones stated that they had worked for six months with various staff members trying to redesign the
project with only one driveway and other alternatives. The proposal before Council tonight was the most
feasible project and agreed upon by staff.
VOTE ON MOTION: approved 4-0-1 with Councilwoman McCandliss absent.
22. REPORT DOWNTOWN PARKING ISSUES AND RECOMMENDATIONS - In June 1990,
the Council directed staff to work with the Downtown Business Association and the Town Centre Project
Area Committee and provide the Council with specific recommendations in relation to downtown parking.
This report presents the recommendations from the Downtown Business Association, the Town Centre Project
Area Committee and staff. Staff recommends Council accept the report and recommendations included in
the report and direct staff to come back to the Council with appropriate resolutions. (Director of Community
Development) /'~/O
23. REPORT MODIFICATIONS TO BONITA LONG CANYON PARK - Bonita Long Canyon
Park, a 12.5 acre neighborhood park, was dedicated to the City by McMillin Communities in November 1988.
The park contains six acres of active use area and 6.5 acres of natural open space area. The active park area
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November 20, 1990
Page 10
contains two softball fields with a soccer field overlay, tot lot, restroom, parking lot, security lighting,
walkways and picnic tables/benches. Since opening of the park, the ball field and soccer fields have been
used by organized sports teams for practice and league play. Neighborhood residents have expressed
concern regarding noise, traffic generation and use of the fields by these organized leagues. The Department
has responded with a letter dated 8/17/90 which identified potential alternatives to mitigate or eliminate
the identified problems. In addition, the Department prepared five alternatives for the Parks and Recreation
Commission to review at their 10/17/90 meeting. Staff recommends Council approve Alternative #5, which
would eliminate the western backstop and provide for a soccer field overlay, and direct the Department to
prepare a Capital Improvement Project for 1991-92 to implement these changes. (Director of Parks and
Recreation) Pulled from Consent Calendar.
MSC (Nader/Moore) to continue Item #23 to the meeting of January 8, 1991. Approved 4-0-1 with
Councilwoman McCandliss absent
24. REPORT PROPOSED ORDINANCE PROVIDING FOR COMMUNITY PURPOSE
FACILITIES - Council requested that staff return in sixty days with a proposed ordinance and, as a result of
a public workshop, an additional request from the Human Services Council, and by affected agencies and
religious institutions for an additional sixty days, the request is being forwarded to the Council for action.
Staff recommends Council continue the review of the proposed ordinance until the Council meeting of
danuary 8, 1991. (Director of Planning) Pulled from Consent Calendar.
Councilman Nader stated that the Human Services Council had also requested that there be no further
approvals of development projects in the interim period without consideration of the provisions of the
proposed Community Purpose Facilities Ordinance and that if Council implemented the delay as requested,
the entire recommendation should be approved.
Robert Leiter, Director of Planning, stated there would be no development projects that would come before
Council during that time that would be affected. The one project currently being processed that could be
affected would be the Rancho Del Rey SPA IlI project. Staff has recommended a condition, which the
Planning Commission had agreed to, to require that they meet the requirements of the ordinance as finally
adopted.
Donald Schock, 853 Blackwood Road, Chula Vista, California, spoke in opposition to the staff
~ ecommendations. He expressed his concern that once this item comes back it will have to go back through
the process and he felt it would take longer than fifty or sixty days. He wanted make sure that the
condition, as described by Mr. Leiter, would be implemented for however long it would take to adopt the
ordinance.
MS (Malcolm/Cox) to accept the staff report and recommendations.
AMENDMENT TO MOTION: (Nader/Moore) direct staff that any discretionary land use proposals, during
the interim period, will have included a condition for Council consideration that would require the developer
m ultimately comply with the provisions of the Community Purpose Facility Ordinance. Approved 4-0-1 with
Councilwoman McCandliss absent.
VOTE ON MOTION AS AMEND 'ED: approved 4-0-1 with Councilwoman McCandliss absent,
25. REPORT MODERATEINCOMEREQU1REMENTFORBREHMSANNIBEILEHOUSING
PROJECT - (Director of Community Development) Pulled from Consent Calendar.
Minutes
November 20, 1990
Page 11
Councilman Malcolm stated that due to the proximity of his home to the project he would not participate
in discussion of the item.
David Gustarson, Assistant Director of Community Development, stated that Brehm had an obligation to
provide 72 moderate income units in their 230 unit project. Staff had negotiated with Brehm and there were
two open issues: 1) Brehm's desire to have the option to provide an in-lieu fee rather than provide moderate
income units if they are unsuccessful in marketing those units; and 2) to have unilateral right to pay the
in-lieu fee at the point when all the non-moderate income units of any phase are sold. Staff is not in favor
of in-lieu fees, as they feel it would set a precedent for other developments at a time when the Blue Ribbon
Committee on the housing element is examining that issue. Staff would prefer that Council have those
recommendations before approving an in-lieu fee. Staff had hoped to work through these issues but it is
their understanding that Brehm feels they are at an impasse. StafFs recommendation remains that the City
require 72 moderate income units, not accept in-lieu fees, and require that Brehm demonstrate their inability
to perform at any stage to the Council and seek relief from the Council at that time.
Councilman Nader questioned whether it was anticipated that the 72 moderate income units would not be
sold. Would there be anything the Council or Redevelopment Agency could do with Low/Moderate Income
Housing Funds or other type of program to help these families move into these homes.
Mr. Gustafson responded that it was their opinion that the units were marginal to be aftbrdable to the
moderate income level but with creative financing it would be possible. A direct subsidy from the Agency
would probably be the last choice after other avenues were exhausted. Staff is currently obtaining
clarification on the Mortgage Tax Credits program to see if the City can request an allocation from the State
to help them. Staff is not convinced that all avenues have been explored with Brehm.
Ed Struiksma, 10592 Lansford Lane, San Diego, California, representing Brehm Communities, spoke in
opposition to the staff recommendations. A brief history of the project was given along with changes that
had been made to the original project. He requested that Council review the letter submitted by Home
Federal Savings. Brehm is asking for the in-lieu fee and do not feel that they will be able to obtain their
financing without approval. The project is a fill-in. The City could take the $5,000 in-lieu fee and offer it
as a gift in order to attract the first time home buyers.
Councilman Nader questioned whether Brehm would be willing and able to commit that even if they had
paid the in-lieu fee, they would keep the original price. The in-lieu fee would not be a gift but would be
a subsidy for a public purpose.
Mr. Struiksma stated that if he understood the questioned correctly the answer would be yes.
Chris Gabert, 3534 Lomas Serina Drive, Escondido, California, Loan Administrator for Brehm Communities,
stated she had been working with staff regarding proposed financing that the City could help them with.
They have been researching different moderate income financing programs but in order to get those
programs they need the in*lieu fees.
City Attorney Boogaard stated that the concept of coming to the Council and requesting a release of the
moderate income housing sales requirement is not included in the agreement. It is mandatory on the City
to release them from this obligation ten days after receipt of written notice, certified to be true, stating that
they have exercised best efforts to comply with the moderate income house sales requirement, have opened
escrow on the number of units equal to the non-moderate income, it is mandatory upon the City to release
them to sell to moderate income purchasers. Even though the Council agenda report sets a range that they
propose to set the moderate income houses at, the contract allows the developer to set those prices at any
amount they desire and designate which are the moderate income units.
Minutes
November 20, 1990
Page 12
Councilman Nader responded that this would meet the lenders problems without any further action from
the Council.
Mr. Struiksma stated he wanted it understood that no one could say that Brehm Communities was not trying
to meet their requirement of 72 moderate income houses.
Mr. Gustafson stated the agreement referred to by the City Attorney was submitted to the City Attorney by
Brehm Communities. It was not submitted prior to the completion of the agenda packet and was not
conveyed to Council as staff had not received a copy of it prior to today.
Mr. Struiksma responded that the agreement was submitted by their attorney and they felt it addressed all
concerns. It was their understanding that it had been distributed to the Council for review.
City Attorney Boogaard stated his office had received the proposal on Monday and he thought it had been
distributed to Council.
Charles Black, Attorney for Brehm Communities, stated they had worked on the agreement for approximately
one year. After their discussion with Home Federal, the provisions for phasing of the project were revised
in the agreement. The procedure for the units being released is to accommodate the requirements of Home
Federal on phasing. They are required to designate the number of moderate income units in each phase as
required by the reporting requirement in the agreement.
City Attorney Boogaard replied that he had requested authority to review the pricing of the houses to make
sure that they would be moderate income affordable. He then suggested language that was unacceptable
to Brehm Communities and he felt that was a major negotiating point. If the Council wants to let the
developer set the prices for moderate income units, they need to be aware that it is included in the
agreement. He stated his concerns regarding the proposed agreement were: 1) page 3, paragraph 9, the
designation of the offering price being made by the developer; and 2) top of page 4, release is mandatory,
there is no review by the City. Council options could be to agree to the basic philosophical choice of the
in-lieu payment and refer back to staff to work out acceptable language.
Councilman Moore noted that the requirement is normally 10% and questioned why Brehm Communities
was required to provide 20%.
Mr. Gustarson replied that the 20% was of the pin wheel properties which include detached units. It came
from the negotiations and density transfer for the whole Rice Canyon SPA.
Chris Salomone, Director of Community Development, stated that consistency in implementing the housing
element is why the staff is making their recommendation regarding the in-lieu fee. They felt the precedent
could be carried on to future developments.
City Attorney Boogaard stated the setting of an in-lieu fee would set a policy precedent. He was not certain
that it would set a legal precedent and noted that staff was extremely concerned.
Councilman Nader felt this was brought to Council's attention rather late and hoped that would not be
repeated in the future. He would like to see the City negotiate with the developer on an alternative program
that if the units can not be sold under the requirements, the City would take an in-lieu fee from the
developer and put it back into a program which would qualify the buyer. This should be brought to Council
early enough to make that policy decision. If anything unusual is done in this case, it should not be looked
upon as setting a precedent but as a unique decision with future policy choices being brought to Council
at a much earlier date. When the final map is prepared and back before Council, he would like staff to
Minutes
November 20, 1990
Page 13
design a program that could be used if Brehm is unable to sell the moderate income units, that would aiiow
the City to utilize the in-lieu fee to help those people qualify.
MS (Nader/Cox) 1) Direct staff to negotiate an agreement with Brehrn along the lines of staff
recommendations with a provision that in the event that Brehm, after a good faith effort, could not sell the
moderate income units in a timely manner could substitute an in-lieu fee to the City the greater of either
$5,000 of 40% of the sales price increase over the scheduled sales price for that unit; 2) staff is also directed
to bring back a proposal, at the time of the final map, that if the City receives the in-lieu fees, they would
go into a program that would help the moderate income family qualify;, and 3) direct City Attorney to pass
on the communication received from Home Federal to the appropriate federal authorities with a cover letter
outlining for them the affect this had on the moderate income housing program and on Council's action.
Councilman Nader stated the rational for the 40% was due to staff concern that the in-lieu fee may be
inadequate. His motion was not for the contract as submitted but for the staff recommendations. He
questioned whether the $5,000 or 40% of the sales price increase would be sufficient to help the moderate
income family obtain a home.
Mr. Salomone responded that staff was concerned and that there could be a situation where the obligation
for providing moderate income housing could fall on the City because no evidence of such a program of
writing down the unit with the in-lieu fee would get the moderate home owner into the project. They
proposed a very large in-lieu fee due to the precedent the City would be facing in the future. If it fell on
the City to provide the moderate income housing, staff felt the land cost of the moderate income unit should
be covered. He stated that the item was before Council at the request of the applicant.
AMENDMENT TO MOTION: (MooreAslader) the in-lieu fee brought back to Council for consideration will
not exceed 50%, or 36 of the 72 dwelling units required.
Mr. Struiksma requested that the Council reschedule this item for rehearing as soon as possible.
Councilman Nader responded that his motion was incorporated with the final map which was scheduled
before Council in two weeks.
VOTE ON AMF2qDMENT: approved 3-0-1-1 with Councilman Malcolm abstaining and Gouncilwoman
McCandliss absent.
VOTE ON MOTION AS AMENDED: approved 3-0-1-1 with Councilman Malcolm abstaining and
Councilwoman McCand[iss absent.
26. REPORT REGARDING REQUEST TO DECLARE VILLA SAN MIGUEL SUBDIVISION
PERFORMANCE BONDS IN DEFAULT (City Attorney) Pulled from Consent Calendar. J~5/~
City Attorney Boogaard stated Council may want to meet in closed session to address the potential litigation
aspects of the case.
Don Lindberg, 280 "K" Street, Chula Vista, California, representing Frank E. Ferreira, stated he had reviewed
the staff report and recommendations with his client and are in general agreement with the facts but not
with the recommendations or general conclusions. They are now expending approximately $1,000 per day
in maintaining the property and delay was costly. They have had repeated meetings with the Planning staff
and all suggestions submitted by Mr. Ferreira have been denied. They are interested in having the Council
move forward with the enforcement of the subdivision improvement agreement.
Minutes
November 20, 1990
Page 14
Councilman Malcolm stated that certain commitments were made to the residents regarding improvement
that would be put in. He did not feel Council had lived up to those commitments. The staff reports states
if Council approves this, it would be a windfall to Mr. Fenceira, but no where does it express concern for the
residents in that area and guarantee those improvements by a surety bond. He expressed concern over
whether Council was concerned over the City making money or insuring that the citizens in the area get
what they were guaranteed. He also questioned whether the City had the right to call the bonds.
City Attorney Boogaard responded that these were the issues that he would like to discuss with the Council
in closed session.
Councilman Malcolm stated he had a problem in discussing this issue in closed session as he felt the people
living in the area had a right to know what was happening.
City AtTorney Boogaard responded that if Council wished to disclose the contents of the closed session after
the discussion of the legal theories, he would make the presentation publicly.
MSC (Cox/Nader) to consider this item in closed session after the meeting with other scheduled closed
session items. Approved 4-0-1 with Councilwoman McCandliss absent.
Council meet in Closed Session to discuss this item - Councilman-elect Rindone was in attendance.
City Attorney Boogaard informed the public that Council had directed him to enter into setTlement
negotiations with the claimant pursuant to instructions from Council in Closed Session.
27. REPORT STARLIGHT YULE PARADE - Verbal Report. (Director of Personnel)
City Manager Goss stated the insurance issue had been resolved and recommended approval. 1~45.15
* * END OF CONSENT CALENDAR * *
PUBLIC HFdXRINGS AND RELATED RESOLUTIONS AND ORDINANCES
28. PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING ABATEMENT OF THE TRANSIENT
OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO EIGHT PERCENT -At their meeting of 10/25/90,
Council adopted Ordinance No. 2407 establishing a maximum Transportation Occupancy Tax (TOT) rate
of 10% and providing for annual abatement hearings. The purpose of the hearing and possible Council
action is to hold the first annual abatement hearing and to consider reduction of the TOT rate from 10%
to 8%. Staff recommends approval of the resolution. (Director of Finance)
This being the time and place as advertised, the public hearing was declared open.
Mayor Cox stated the staff recommendation was to reduce the TOT from 10% to 8%.
There being no public testimony, the public hearing was declared closed.
RESOLLITION 15956 APPROVING ABATE1VENT OF THE TRANSIEIqT OCCUPANCY TAX FROM
A RATE OF TEN PERCENT TO EIGHT PERCENT FOR CAIY2q~AR YEAR 1991
Minutes
November 20, 1990
Page 15
RESOLDTION 15956 OFFERED BY COUNCILMAN MOORE, reading of the text was waived.
City Manager Goss stated there may be a need to revisit this in the funare, but it would not be done without
proper notice at that time.
VOTE ON MOTION: approved 4-0-1 with Councilwoman McC. andljss absent.
OTHER BUSINESS
29. ORAL COMMUNICATIONS
29a. George Kost, representing the Sweetwater Valley Civic Association in Bonita, expressed concern over
the bridge utilized by the walkers and joggers on Willow Road. He hoped there would be sufficient funds
available to construct the rest of the path.
City Manager Goss replied that staff had been unable to obtain bicycle path funding this year but it was
staffs intent to try to obtain those funds next fiscal year.
29b. Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, informed Council that the park residents
do nor have a pending lawsuit against the park owner. They have been advised by an attorney that they
should continue to work through the City's Community Development and Building Inspection Deparm~ents.
30. ITEMS PULLED FROM THE CONSENT CALENDAR (Items pulled: SA, 12, 17, 20, 21, 23, 24, 25,
and 26) The minutes will reflect the published agenda order.
31. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings - November 29, 1990 at 4:00 p.m. will be the City Council Workshop.
Council will review the six proposals for the golf course property.
b. Staff would like to meet with the new Council to discuss their goals, priorities, etc. and obtain
direction.
o Council tour scheduled for Saturday, December 1, 1990.
32. MAYOR'S REPORT(S)
a. Formation of Auto Park Ad Hoe Task Force - Continued from 11/13/% meeting. ' ./~ ~'/2
MSC (Cox/Moore) concurrence to the appointment of the following seven persotas: Dan Beintema, Bon
Blind, Guy Lichly, Mike Maslak Keith Much, Christine Olguin, and Charles Sutherland. He suggested that
Mr. Maslak serve as Chair.
b. Appointments to Boards and Commissions:
Minutes
November 20, 1990
Page 16
Youth Commission - Continued from 11/13/90 meeting. MSC (Malcolm/Moore) concurrence to the
appointment of John denhey and John Rodgets. Approved 4-0-1 with Counc~woman McCandliss absent.
Chula Vista 21 Committee - Stated that Ray Rafael had been appointed to the Committee and had resigned
before being seated. He would like to move forward with the replacement from the pool of applicants
previously received if not in violation of the Maddy Act.
City Attorney Boogaard stated Council would not be in violation of the Maddy Act.
MSC (Malcolm/Moore) to appoint Frank Taranfino to the Chula Vista 21 Committee. Approved 4-0-1 with
Councilwoman McCandliss absent.
Board of Ethics - Requested that this appointment be continued to the meeting of December 27, 1990.
c. Use of Chula Vista's Women's Club by the City of Chula Vista ,q52 o
MSC (Cox/Malcolm) authorize staff to work with the Chula Vista Women's Club for the transfer of
ownership of the facility from the Chula Vista Women's Club to the City of Chula Vista predicated upon the
conditions listed in the staff report. Approved 4-0-1 with Councilwoman McCandliss absent.
d. Implementation of Heritage Park Proposal ,W~-~ /
Stated Council had supported the concept of a Heritage Park which was to buy, over a period of time, the
four parcels and have the ability to properly place old homes of architectural significance, which would be
maintained as private residences. Council appropriated $125,000 which is being used to develop a proposal
on how it could be designated as a historical district. He requested Council consideration to direct staff to
make contact with property owners to see if there is interest in selling or lot splitting, so the City could
consider acquisition of the back portion of the parcels and approach the property owner allow the City to
have first right of refusal at such time they desire to sell their property.
MSC (Cox/Nader) direct staff to contact the four property owners to negotiate a first right of refusal
whenever they choose to sell their property and to explore the interest of the owners in splitting their lots
with the City purchasing those lots. Approved 4-0-1 with Councilwoman McCandliss. Approved 4-0-1 with
Councilwoman McCandliss absent.
e. Statement of intent regarding National City and Chula Vista municipal boundary line adjustment.
MSC {Cox/Moore) refer the special draft to staff to work with National City and come back with a final
statement of intent to be considered by the Council. Approved 4-0-I with Gouncilwoman McCandliss absent.
f. Agreement with Chula Vista Yacht Club for Cheney Cup.
Requested that Council consider the alternafive (Alternative 3) which provides conditional grant of title to
the Club, possession of the Cup while the Club is active, ability of City or City organizations to use the Cup
with prior notice, proper insurance requirements, annual reports to the City and no modifications to the cup.
Sue Miller, 46 Alvarado Place, Chula Vista, California, Chair of the Chula Vista Library Board of Trustees
stated the Board felt the Cup was the property of the people of Chula Vista. They felt the first agreement
(Alternative 1) protected the rights of the citizens. She expressed their concern in Alternative 2, regarding
the polishing of the Cup, the comprehensive insurance requirement, and the transferring and display of the
Cup in other places.
Minutes
November 20, 1990
Page 17
Councilman Malcolm questioned whether the item could be continued for one week in order to study the
three alternatives.
MSC CMalcolm/Nader) to continue to the next meeting (Special Meeting) with all three alternatives
presented and Librm'y Board recommendations included. Approved 4-0-1 with Councilwoman McCandliss
absent.
g. Opening ceremony for SR 54 between I-5 and SR S4 will be November 28th at 10:00 a.m,
h. Starlight Yule Parade will be on December 2rid at S:30 p.m.
i. Referred to staff the signage for Hermosa Avenue at the intersection of Third Avenue for correction.
33. COUNCIL COMMENTS
a. Councilman Moore:
Stated that the Crime Prevention Committee would have a float in the Starlight Yule Parade.
Expressed concern over designation of the non-Tuesday meetings as "workshops" and felt it caused
confusion with the public as to whether Council could take formal action at those meetings. He felt all
meetings should be called "Council Meetings".
b. Councilman Malcolm:
SB 2446 (Craven) - problems associated with enforcement - Continue from 11/13/90 meeting.
Stated that staff should be reviewing the existing mobile home parks within the City and that those in
enforcement be advised of the bill.
Councilman Moore felt that the park owners should be sent a copy of the legislation along with a
memorandum from the City Attorney.
ADJOIJRNMENT
The City Council met in a closed session at 10:20 p.m. and reconvened the meeting at 10:40 p.m.:
Item #26 - Report Regarding Request to Declare Villa San Miguel Subdivision Performance Bonds
in Default
Disposition of property pursuant to Government Code Section 54956.8 - southeast corner of Fifth
Avenue and "C" Streets, Memorandum of Understanding - (City of Chula Vista, owners)
Pending litigation pursuant to Government Code Section 54956.9(a) - Jones Intercable
City Attorney Boogaard stated Jones Intercable could be dealt with during the public meeting and requested
that the $20,000 received from Jones Intercable be transferred from the Cable Revenue Account to the legal
defense account to pay for outside legal counsel.
Minutes
November 20, 1990
Page 18
MSC OVlalcolm/Nader) to Iransfer the $20,000 from the cable revenue account to the legal defense account
for outside legal counsel. Approved 4-0-1 with Councilwoman McCandliss absent.
The City Council adjourned at 10:40 p.m. to a joint City Council/Redevelopment Agency meeting to discuss:
ROLL CALL:
PRESENT: Members Malcolm, Moore~ Nader and Chairman Cox
ABSENT: Member McCandliss
ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly A.
Authelet, City Clerk
I,A. RESOLUTION 15957 APPROVING AN AMF. NDMENT TO THE AGREEMENT WITH WAILACE,
ROBERTS AND TODD, INC., FOR THE PRF~ARATION OF A RESOURCE ENHANCE1VIENT PLAN FOR THE
OTAY RIVER VAI.I.EY (City Council) - The Council approved an agreement with Wallace, RoberLs and Todd,
Inc. (WRT) on 8/21/90 for the preparation of a resource enhancement plan for the area of the river valley
from San Diego Bay to one-half mile east of 1-805. This State Coastal Conservancy - funded plan did not
include the area from the eastern boundary of WRT's study area to Otay Ranch's western boundary. Staff
was directed to contact the two other jurisdictions involved in the park planning effort, the City and County
of San Diego, and the Baldwin Company to determine their interest in funding the planning for this
remainder of the study area. Staff recommends approval of the resolution and the appropriation of $10,000
from the unappropriated balance of the Otay Valley Redevelopment Fund. (Director of Parks and
Recreation) }t/~.l }t
Councilman Malcolm stated he had interest in property by Interstate 805 and questioned where the property
was located.
Mayor Cox responded that the property was completely east of 1-805 up to the Otay Ranch property.
City Attorney Boogaard stated it was not a conflict and that his participation was required due to the
appropriation of funds.
RESOLUTION 15957 O'FFD1ED BY COUNCILMAN MALCOLM, reading of the text was waived, passed and
approved 4-0-1 with Councilwoman McCandliss absent.
B. RESOLUTION 1137 APPROPRIATING $10,000 FROM THE OTAY VAI J.EY REDEVELOPMEIVF
FUND FOR TI-IE AMENDMENT TO THE AGREEMENT WITH WALLACE, ROBERTS AND TODD, INC., FOR
THE PREPARATION OF A RESOURCE ENHANCEMENT PLAN FOR THE OTAY RIVER VALLEY
(Redevelopment Agency) Requires 4/5's vote.
RESOLUTION 1137 OFFERED BY MEMBER NADER, reading of the text was waived, passed and approved
4-0-1 with Member McCandliss absent
2.A. RESOLUTION 15958 EXTENSION AND AMENDMENT OF LEGISLATIVE ADVOCATE CONTRACT
FOR FISCAL YEAR 1990-92 LEGISLATIVE SESSION (City Council) /~525'
Minutes
November 20, 1990
Page 19
B. RESOLUTION 1138 EXTENSION AND AMENDIVIF2~ OF LEGISLATIVE ADVOCATE CONTRACT
FOR FISCAI~ YEAR 1990-92 LEGISLATIVE SESSION (Redevelopment Agency)
RESOLUTIONS 15958 AND 1138 OFFERED BY COUNGILMAN/MF2V[BER NADER, reading of the text was
waived, passed and approved 4-0-1 w/th Councilwoman/Member McCandl/ss absenlz
3. ORAL COMMUNICATIONS: None
4. DIRECTOR'S REPORT: None
S. CHAIR'S REPORT:
Stated there was an on-going problem with semi-tracks parking on Bay Boulevard and requested that staff
look at clearing and leasing an area on the SDG&E easement for semi-trucks to park.
6. MEMBER'S COMMENTS: None
The Redevelopment Agency adjourned at 10:45 p.m. to a meeting on December 4, 1990 immediately
following the City Council meeting in the City Council Chambers.
ADJOURNMENT AT 10:45 P,M. to the Regular City Council Meeting on November 27, 1990 at 4:00 p.m.
in the City Council Chambers.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
by: ,C',, ,. ' , ~'
Vicki C. Soderquist, Deputy City Clerk