HomeMy WebLinkAboutcc min 1991/01/22 MINLrI'ES OF A I~GULAR. MKETING
OF THE CITY OF CHLILA VISTA
Tuesday, January 22, 1991 Council Chambers
6:20 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers Malcolm, Nader, Rindone, and Mayor Pro Tempore Moore
ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; and Vicki
C. Soderquist, Deputy City Clerk
2. pI .EDGE OF AI.I .EGIANCE TO THE FLAG, PRAYER - Bishop Allen C. Denning, Chula Vista 1st Ward,
Jesus Christ of Latter-day Saints.
3. APPROVAL OF MINUTES: None
4. SPECIAL ORDERS OF THE DAY:
a. Recommendation: (1) Declare the Office of Mayor vacant due to the passing of Mayor Gayle
McCandliss; (2-A) Deliberate on either appointing a successor or calling a special election; or (2-B) Set a
time at a public meeting within 30 days at which to so deliberate. Iqq~ci
MSUC (Moore/Rindone) to declare a vacancy in the Office of Mayor for the City of Chula Vista.
MS (Rindone/Moore) upon recess this evening, the City Council meeting be adjourned to Saturday, Januap/
26, 1991, commencing at 9:00 a.m. in the City Council Chambers, for the purpose of addressing the
following items only:. 1) filling the Mayor vacancy by appointment or special election; and, 2) ff an
appointment from among the current councilmembers is made to fill the Mayoral vacancy, then the filling
of the Councilmanic vacancy thereby created either by appointment or by special election; and, 3) continue
the current item to that time for the continuation of Item 4 (a) on this evenings agenda. Provide notice to
the public, to the newspapen typically providing coverage of the Chnla Vista events, and such radio and
television stations requesting notice of special meetings; and that the City Manager further arrange for the
television coverage thereof.
Discussion then followed regarding the day set for the meeting.
Councilman Malcolm stated he was prepared to make a decision tonight but that ff the Mayor Pro Tempore
Moore wished to have the discussion continued he would agree.
Mayor Pro Tempore Moore indicated that he did not have a preference and felt the motion needed to be
seconded for discussion. He also felt the majority of the Council should rule.
Carole Brumme~, 477 Willowcrest Way, Chula Vista, California, proposed that Council call for Greg Cox to
return as Interim Mayor.
Minutes
January22, 1991
Page 2
Mike Steiner, 538 Berland Way, Chula Vista, California, expressed his concern of the process. He had
contacted the Registrar of Voters regarding the cost of a special election and the cost would be
approximately $2.00 per registered voter for an elected representative. He felt it would be taxpayers money
well spent and hoped that if there was to be an appointment, the public would be involved in the process
including the submittal of names for consideration.
Jackie McQuade recommended that Councilman Rindone's motion be passed, if that was not done, she felt
Councilman Nader should be appointed Mayor, as he was the only Councilman that would carry forward
Gayle McCandliss' plan for the City.
Robert "Bob" Piantedosi, 2060 Crosscreek Road, Chula Vista, California, stated when running against Gayle
McCandliss he did not bring up the health issue as he believed there was nothing seriously wrong. He was
confident that the City Council would do the right thing and those he had talked to wanted the right to vote
for the new Mayor.
Councilman Nader expressed his concern for a Saturday meeting and requested that the meeting be
scheduled for a fifth Tuesday or a Thursday.
AMENDMENT TO MOTION: (Rindone) recommended meeting on Monday, January 28, 1991 at 7:00 p.m.
Councilman Malcolm responded that Saturday or Thursday after the Council Worksession was acceptable
to him. He felt a decision should be made as to whether it would be an appointment or special election as
soon as possible.
WITHDRAWAL OF AMENDMENT AND CALL FOR VOTE ON ORIGINAL MOTION (Rindone).
VOTE ON MOTION: approved unanimously.
Councilman Nader stated that when Mayor McCandliss was sworn in she outlined a program for the City
and that whoever serves on the Council is committed ro continuing her vision.
Councilman Rindone suggested that staff prepare the appropriate picture and framing for Mayor McCandliss
to properly recognize her and her accomplishments.
b. Announcement concerning the storm drain fee which had been noticed for this meeting. The item
has been continued to a future date, and those people who came to speak on the matter are requested to
leave their phone number with the City Clerk, and they will be notified of the public hearing on this item.
If those people wish to address the item tonight, they are invited to do so under oral communications.
c. Proclaiming the week of January 20 through 26, 1991 as Kiwanis Week.
Councilman Rindone stated he was a Kiwanis member and congratulated Kiwanis International on their 76th
Anniversary.
The Proclamation was presented by Councilman David Malcolm to Charlie Ward, President and John Krechy,
Secretary of Chula Vista Kiwanis Club.
CONSENT CAt .F. NDAR
(Items pulled: 8 and 11)
Minutes
January22, 1991
Page 3
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text
was waived, passed and approved unanimously, Councilman Nader voted no on Item #17, Councilman
Malcolm abstained from voting on Items #9 and # 22 and voted no on Item #18.
5. WRi FI'EN COMMUNICATIONS:
a. Request Council retain existing senior resident rates for got at the municipal got course -Alvern
Toso, 207 San Miguel Drive, Chula Vista, 91911. It is recommended that this letter acknowledged.
b. Requesting City participation in implementing and enforcing transportation conffol measures- San
Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, CA, 92101. It is recommended that
the Mayor direct a letter to Chairman Williams that the City basically concurs. Iqc~ffI
c. Claim against the City - George Gerber, C/O Michael Murphy, Esq., Law Offices of Murphy & Daley,
535 "H' Street, Chula Vista, CA 91910. It is recommended that the claim be filed on behalf of Mr. George
Gerber be denied.
d. Request to have steer improvement assessment deferred -Ada Wade, 51 East Oxford Street, Chula
Vista, CA, 91911. It is recommended that this be referred to staff to work with Ms. Wade on a possible
solution and to so advise her by letter.
e. Request support by written communication regarding application for SLster Cities International
Kellogg Grant - International Friendship Committee. It is recommended that a letter be sent by the Council
under the Mayor's signature indicating support for the Friendship Commission's application.
6. ORDINANCE 2434 AMENDINGSECTION2.S2.040OFTHECHLrLAVISTAMUNICIpAL
CODE TO CLARIFY THE STATUS OF LEGAL DEFENSE FUND CONTRIBDTIONS (second reading and
adoption) - Staff recommends Council place ordinance on second reading and adoption. (City Attorney)
7. ORDINANCE 2437 REVISING THE CHULA VISTA WOODS SEWAGE PUMP STATION
MAINTENANCE CHARGE ORIGINALLY SET BY ORDINANCE 2181 (second reading and adoption) - On
1/6/87, Council adopted Ordinance 2181 which established a special sewer service rate area for the Chula
Vista Woods Subdivision. This ordinance set a rate of $4.50 per month per household to be paid for the
maintenance of a temporary sewage pump station. Additional homes have subsequently connected to the
pump station and the amount which should be payable by each household has decreased as a result of these
connections. Staff recommends that Council place ordinance on second reading and adoption. (Director
of Public Works) Iq~6
8. ORDINANCE 2416 AMENDING SECTIONS 2.04.020 AND 2.04.090 AND REPEALING
SECTION 2.04.050, 2.04.480 AND 2.04.590 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
COUNCIL MEETINGS, NOTICE AND COMPENSATION (first reading) - At one of its December 1990 meetings,
Council discussed the possibility of making Council Conferences full meetings for all purposes so that
Council could take action. The issue was referred to staff for preparation of an appropriate change to the
ordinance. Review of Chapter 2.04 of the Municipal Code revealed other technical changes with which the
Council has been concerned relating to the beginning of public hearings and two sections which are historic
anomalies. The proposed ordinance will make the Council Conference on the fourth Thursday of each
month a regular meeting for all purposes. It will also direct staff to set matters for the beginning of the
Minutes
January 22, 1991
Page 4
meeting at which a public hearing will be considered in notices of public hearings and to repeal the
compensation sections which are no longer necessary to the Charter provisions controlling Mayor and
Council salaries. Staff recommends that Council place the ordinance on first reading. (City Attorney)
Continued from the 1/8/91 meeting. Pulled from Consent Calendar.
Councilman Rindone supported two of the three parts of the ordinance. He expressed his concern over the
first part as he would prefer the Council concentrate on the planning aspect and not just the processing
procedure at the Thursday meetings. If a fifth meeting is held, staff and Council would become dependent
upon that meeting for the passage of agendized items and establishes an additional on-scheduled meeting
each month. The increased emphasis on planning is essential to Council on a number of issues. He felt the
public was aware of the business meetings being held on the first four Tuesdays of the month. He could
not support the ordinance as presented.
Councilman Malcolm felt it would be taking away the Council's right to take action on an item at the
Thursday meeting. Items often come up that need to have action taken before the next regular meeting.
He felt Council should be able to take action on items pertinent to the City at all of their public meetings.
Councilman Nader stated the ordinance required the Council to hold a full fledged regular meeting every
fourth Thursday of the month. A separate section of the ordinance gives Council the authority to take action
at all the meetings held. The problem with the requirement for a regular meeting on the fourth Thursday,
would be the tendency to load the agenda with items that would distract Council from the original intention
of that meeting which was to focus on several key issues that would require extensive discussion.
MS CNader/Malcolm) to amend Section One of Ordinance 2616 to remove 'fourth Thursday'.
City Attorney Boogaard stated that special meetings required additional noticing requirements, advanced
written notice to the newspapers, television stations, and radio stations requesting such notice unless it is
a regularly set meeting or an adjourned meeting set from the previous Tuesday meeting.
Councilman Rindone felt the motion addressed his concerns and that it was critical that Council attention
be focused on proper planning.
City Attorney Boogaard stated further changes needed to be made in the ordinance and that Council could
not take action on the ordinance unless he was able to provide specific language..
Councilman Nader responded that it was the intent of his motion to have the City Attorney revise the
language as directed by Council and return for approval.
Councilman Rindone stated the second agreed with the intent.
VOTE ON MOTION: approved unanimously.
9. RESOLUTION 16000 APPROVING THE ESTOPPEL CERTIFICATE FOR TERRA NOVA
ASSOCIATES FOR THE WOODCREST TERRA NOVA PROJECT LOCATED AT HIDDEN VISTA DRIVE AND
RIDGEBACK ROAD - In September 1989, the City entered into a development agreement with Terra Nova
Associates for an 86-unit residential subdivision development. The certificate clarifies the provisions and
responsibilities of the agreement as they apply to the lender and lender's successors and assigns. Staff
recommends approval of the resolution and authorize the Mayor/City Manager to execute the certificate.
(City Manager) /,¥~' ~,B
Minutes
January 22, 1991
Page 5
Councilman Malcolm abstained from voting in order to avoid a conflict of interest as the project is located
approximately one block from his home.
10. RESOLUTION 16021 AMENDING RESOLUTIONS 15823 AND 15825 TO PLACE THE
BUDGET OFFICER IN EXECLrrlVE MANAGEMENT SALARY BAND 'E-2" - The City Manager is in the process
of filling the Budget Officer position and has determined that the salary and benefit level should be adjusted
prior to appointment of the position. Staff recommends approval of the resolution. (City Manager)/~t?B?
11 .A. RESOLUTION 16022 APPROVING THE FINAL MAP AND SUBDMSION IMPROVEMENT
AGR RRMENT AND ALrI'HORI ZING THE MAYOR TO EXECUTE SAID AGRELMF2qT FOR CI--IUIA VISTA TRACT
88-3, EASTLAKE GREENS UNIT 8 - On 7/25/89, Council approved the Tentative Subdivision Map for Chula
Vista Tract 88-3, EastLake Greens. The final map and associated agreements for Unit 8 are now before
Council for approval. Staff will provide its recommendation as to whether Council approve the final map
at the meeting. (Director of Public Works) Pulled from Consent Calendar. Iqct,~L~ i.~t?~I
City Attorney Boogaard informed Council that staff had reached terms with the developer and he would like
to address Items #11A and B before returning to Item #28. Because approximately 60% of the area of
Easthake Greens has been finalized, staff was worried about the security in being able to enforce Condition
#80 in the master tentative. An agreement has been passed out to Council which staff feels will meet the
requirements of Condition #80 in the master tentative. He then reviewed the provisions of the agreement.
Robert Santos, 900 Lane Avenue, Suite 100, Chula Vista, California, representing EastLake Development
Company, stated they were in agreement with the City Attorney~s assessment of the agreement. This does
reflect the Parks and Recreation Commissions recommendations and they feel it even goes further. They
requested that Council approve this and reconsider the Unit 8 Final Map.
Councilman Malcolm questioned whether they would agree to unlimited time access to Olympic Training
Center Facility members and Olympic Team.
Mr. Santos responded that on the surface they did not have a problem but questioned unlimited.
Councilman Malcolm replied that they would have to call for tee times but would not be restricted from
using the facility.
Mr. Santos responded that they would have a priority time.
Councilman Malcolm requested that a condition be added that would stipulate the if the use of the course
is ever changes to membership, that all citizens in the City of Chula Vista would have an opportunity to
purchase membership.
Mr. Santos agreed to the condition.
Councilman Malcolm wanted it clearly understood that he was willing to go through the public hearing and
listen to pro's and con's, but additional density for this agreement was not putting a hardship on the
developer.
City Attorney Boogaard stated there was nothing during the process of when they apply for additional
densities to renegotiating additional public participation other than what is provided in the conditional use
permit.
Minutes
January 22, 1991
Page 6
Mr. Santos stated that could be negotiated. He also questioned whether Council would agree with
"sanctioned athletes" from the OTC being given priority time.
Councilman Nader expressed concern over the privatization of the course after ten years and the cost of the
memberships.
Mr. Santos responded that it is a commercial venture. They have tried to work closely with staff and feel
they have exceeded what was felt appropriate. He did not come prepared tonight to discuss densities,
extraordinary benefits, etc. They just asked Council to keep an open mind for consideration for this as a
potential exceptional public use.
City Attorney Boogaard stated the Parks and Recreation Commission recommendation was that in the second
five years, public access was limited to 12:00 noon, Monday through Sunday. This agreement surpasses that
recommendation.
Councilman Rindone questioned whether the developer would agree to priority tee times for a golf team
during pre-season and season times if one is developed at EastLake High School.
Mr. Santos responded that was an oversight on their part and they would agree to that addition. He agreed
in principal but preferred they practice on weekdays rather than weekends.
City Attorney Boogaard requested that Resolution 16022 and 16023 be approved on the requirement that
EastLake Development execute the agreement as amended tonight within forTy-eight hours.
MS((Moore/Malcolm) Resolulions will be approved on the condition that BastLake Development execute
the amended agreement within forty-eight hours. Approved 3-1 with Councilman Nader voting n0.
B. RESOLLrHON 16023 APPROVING AN AGRF. F. MENT WITH THE DEVELOPER OF
EASTLAKE GRRRNS UNIT 8 SUBDIVISION NRRr~ED TO SATISFY TENTATIVE MAP CONDITIONS OF
APPROVAL NUMBER 30, 31(C), AND 80 - Pulled from Consent Calendar
C. RESOLUTION 16041 APPROVINGANAGRF. RMENTWITHEASTLAKEDEVELOPrVlENTCOIVIPANY
TO SATISFY TENTATIVE MAP CONDITION OF APPROVAIj NUMBER 80 FOR EAS~ GRRF. NS UNIT 8
SUBDMSION
City Attorney Boogaard stated that Resolution 16041 had been properly agendized under Item #11B. This
agreement separates Condition #80 in B out in separate agreement and it was his opinion it could be
addressed as part of this agenda item. Item B deals with Unit 8 whereas Condition 80 was a condition on
the entire tentative subdivision in which EastLake was obligated and not necessarily their guest builder.
RESOLUTION 16023, 16024 AND 16041 OFFERED BY MAYOR PRO TEMPORE MOORE, readifig of the text
was waived, passed and approved 3-1 with Councilman Nader voting no.
12.A. RESOLUTION 16024 APPROVING FINAL MAP AND ASSOCIATED SUBDMSION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 89-8, WOODCREST SOMSTERN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AG~ - On 9/26/89, Council approved the Tentative
Subdivision Map for Chula Vista Tract 89-8, Woodcrest Southwestern. The final map and associated
agreement for this subdivision are complete and are now before Council for approval Staff recommends
approval of the resolutions. (Director of Public Works) I*[ctq~ .1"l~'~5
Minutes
January 22, 1991
Page 7
B. RESOLLITION 16025 ACCEFTING THOSE PORTIONS OF LOTS 108 AND 109 OF MAP
10245 RESERVED FOR FUTURE STREET AND OFFIC1AILY NAMING THEM 'WOODCREST STREET'
13. RESOLUTION 16026 EXTENDING THE CITY OF CHUIA VISTA AGREEMENT WITH
WILLIAM IL DOTSON FOR MANAGEMENT SERVICES IN THE REVIEW AND PROCESSING OF FREEWAY
INTERCHANGE DESIGNS - The City is currently utilizing the services of William R. Dotson to aid staff in
evaluating and coordinating with CalTrans various fleeway interchange design concepts. The consulting
services were necessary to enhance our ability in obtaining CalTrans design approval of necessary fleeway
interchange improvements leading to early scheduling of these fleeway interchange improvement projects.
Staff recommends approval of the resolution extending the City's agreement with William R. Dotson to
12/31/91, and authorize the Mayor m execute said extension. (Director of Public Works)
City Attorney Boogaard stated that the Consent Agenda should reflect that the contract should be amended
to read: "not to exceed $6,360" rather than $10,000.
MSUC (Moore/Rindone) to amend the conlract to read: 'not to exceed $6,360'.
14. RESOLUTION 16027 APPROVING AG~ FOR GROWTH MANAGEMEaNT LEGAL
SERVICES AND APPROPRIATION OF FUNDS THEREFOR - On 8/4/90, Council reviewed the draft Growth
Management Program and authorized staff to complete the public review and preparation of the necessary
ordinance for public hearings. During staffs work on the final drafts, it became apparent that due to the
variety and complexity of legal issues, staff needed outside legal expertise to assist in the preparation of the
draft ordinance. Staff recommends approval of the resolution. (Director of Planning) 4/5's vote required
, 15. REPORT ON EARLY ACCEPTANCE OF DISCOVERY PARK - In the FY 90-91
budget Council appropriated funds to assume the maintenance responsibilities of Discovery Park beginning
4/1/91. Discovery Park is a 14.5 acre turn-key park developed by McMillin to meet the Park Ordinance
requirement in Rancho Del Rey I. Originally, the park was scheduled to be accepted in 9/90, however, with
various construction delays, the one-year maintenance period did not begin until 6/90 even though the park
was completed several months prior. McMillin Development has requested the City to assume maintenance
responsibilities on 2/1/91 and are willing to reimburse the City for this additional expenditure. Staff
recommends Council accept the report and approve the resolution. (Director of Parks and Recreation) 4/S's
vote required
RESOLL1TION 16028 APPROPRIATING FIJNDS TO THE FY 1990-91 PARK MAINTENANCE
DMSION BUDGET FOR MAI~ANCE OF DISCOVERY PARK
16. RESOLLrI'[ON 16029 APPROVING THE DESIGN OF THE EASTLAKE COMMUNITY
CENTER - As part of the requirements for EastLake Greens, EastLake Development will be constructing a
community park. Within this community park will be a multi-purpose community center which will also
be constructed by the developer. Staff has been working with the developer on the design for this multi-
purpose facility. Staff recommends approval of the resolution. (Director of Parks and Recreation)
~ 17. RESOLUTION 16030 APPROVING A REVISED MASTER PLAN FOR FASTlAKE
"' COMMUNITYPARK- EastLake Community Park will be a multi-purpose park facility constructed by EastLake
Development as part of the requirements for EastLake Greens. The project is being designed by the
Minutes
January 22, 1991
Page 8
landscape architect firm ofWimmer Yamanda & Assoc. (WYA, prime consultant) and the architectural firm
of Delawie Bretton Wilkes Assoc. (DBW, sub-consultant). The initial Park Master Plan was presented to and
approved by Council on 7/20/89. Since that time, engineering of EastLake Parkway and the EastLake High
School site has resulted in a decrease in the overall size of the park from the original 15.0 acres to the
current total of 12.9 acres. Because of the decreased park size, some refinements to the original Master Plan
are proposed. Staff recommends approval of the resolution. (Director of Parks and Recreation)
Councilman Nader questioned if this was the item that had conflicting recommendations from the Park and
Recreation Commission last year.
City Manager Goss responded that it was, the issue was over the gross versus net usable park acreage. This
action alone will not enable an~r vesting of any particular rights for the subdivision.
Councilman Nader recorded a no vote.
18. RESOLUTION 16031 APPROVAL OF APPRAISAL AND SALE OF PROPERTY - An
independent land appraiser was hired by the City to obtain the market value of open space property deemed
eligible for sale under the City's "Grading Deviation Policy". Staff recommends approval of the resolution.
(Director of Parks and Recreation)
Councilman Malcolm recorded a no vote.
19. RESOLUTI ON 16032 APPROVING THE INSTALLATION OF SEOJRITY FENCING FOR THE
EMPLOYEE PARKING AREA AND APPROPRIATING $26,593 - Staff is concerned with the security of vehicles
in the employee parking area. Vehicle thefts and vandalism caused the Fire Department's Quality of Work
Life Committee and the Police Officer's Association to request installation of a security fence surrounding
the employee lot. The fence will include an electronically controlled gate. Staff recommends Council
approval of the resolution. (Fire Chief) 4/5's vote required
Councilman Rindone questioned whether the installation of security fencing fit into the overall master plan
of the civic center.
City Manager Goss responded that it did.
20. REPORT ON ALTERNATIVES WHICH WILL REMOVE CERTAIN DESIGNATED
' ROUTINE MA'FI'Id. RS FROM THE AGENDA - Various members of Council are concerned about the length of
public agendas, and the consumption of time at public meetings with relatively routine matters, delegation
of which may be made easily and conveniently transferred to staff. The following resolutions are designed
to achieve agenda reduction through delegation of certain matters to the City Attorney and to the City
Manager. Staff recommends approval of the resolutions. (City Attorney)
RESOLUTION 16033 AUTHORIZING THE CITY ATFORNEY TO PROVIDE AMICUS
SUPPORT, WITH INFORMATIONAL MEMORANDUM TO THE COUNCIL
RESOLHTION 16034 ALFIlqORIZ1NG ClTf MANAGER TO ACKNOWLEDGE COMPLETION
OF PUBLIC WORKS PROJECTS AND WORKS OF IMPROVEMENT, WITH INFORMATIONAL MEMORANDUM
TO THE COUNCnL /q~'~5'
Minutes
January 22, 1991
Page 9
21. REPORT REGARDING ENFORCEMENT OF MOVIE RATINGS IN THE CITY
OF CHULA VISTA - At its 12/4/90 meeting, Council requested that staff review the current enforcement
efforts regarding movie ratings. This request was prompted by a letter from the City of La Mesa which urged
that Council sent a letter to all local theaters requesting their enforcement of movie ratings. Staff
recommends that no further action be taken at this time. (City Attorney) /"tq.~'t; ~
22. > REPORT ON GRANT APPLICATION FOR CALIFORNIA LIBRARY
CONSTRUCTION AND RENOVATION BOND ACTS FUNDS AND REVIEW OF CONCEPTUAL PLANS FOR A
3S,000 SQUARE FOOT LIBRARY AT FOURTH AND ORANGE AVENUES - Staff recommends Council accept
the report. (Library Director) ,a/~5~
Councilman Malcolm stated he would abstain from voting in order to avoid any possible conflict of interest
as the project is located approximately one block from property he currently owns.
23.- REPORT REGARDING THE RESULTS OF THE CALTRANS PRO jEff STUDY
REPORT OF THE BONITA ROAD/I-80S IbrrF_~CHANGE - In response to proposed development in the
interchange area, the City and the County provided the information necessary for CalTrans to conduct a
project study report to determine acceptable alternatives for improvement of the Bonita Road/I-805
interchange and m prepare rough cost estimates for each alternative. This report presents the alternatives
considered, the conclusions reached, and the recommendations proposed by CalTrans as a result of that
.study. Staff recommends Council accept the report and the recommendations of CalTrans which indicate
that major improvement of the Bonita Road/I-80S Interchange would not be cost effective and direct staff
to notify the County of San Diego that Chula Vista is no longer interested in pursuing the purchase of
County Surplus Parcel #85-0046-A. (Director of Public Works) /'~9t8
24. REPORT ON CHULA VISTA TRANSIT (CVT) STUDY - This report presents
the Chula Vista Transit Study conducted by the Mettopolimn Transit Development Board. The study was
accepted by the MTD Board on 12/13/90 and referred to the City for consideration. Staff recommends that
Council: (1) accept the Chula Vista Study; (2) authorize staff to hold an information meeting on the study
to solicit public comments; and (3) direct staff to bring the study back to Council for consideration and
adoption in concept. An approval of Phase I recommendation to be implemented in FY 1991-92. (Director
of Public Works) Iqfd~
25. REPORT REGARDING PEDESTRIAN CROSSING AT HILLTOP DRIVE AND
T~.I.RGRAPH CANYON ROAD - On 1/8/91, staff was directed by Council to return with other alternatives
for pedestrians crossing the subject intersection. Staff has met with school representatives and Mrs. English
to discuss possible alternatives. Staff will be making some changes to school signs in the vieinity and
recommending to the Safety Commission that an adult crossing guard be established. Staff recommends
Council accept the report. (Director of Public Works) P/P60
* * END OF CONSENT CALENDAR * *
Minutes
January 22, 1991
Page 10
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
26. PUBLIC HEARING REGARDING THE ENA~ OF AN ORDINANCE ESTABLISHING
A STORM DRAIN FEE - On 12/8/88, the United States Environmental Protection Agency (EPA) proposed
regulations for the issuance of National Pollumnt Discharge Elimination System (NPDES) permits to regulate
storm water discharge into the waters of the United States. The final version of these regulations was issued
on 11/16/90. These permits will require agencies discharging storm water into the waters of the United
States to develop management programs for the purpose of controlling pollutants. The proposed Storm
Drain Fee will pay for the establishment and implementation of said programs. Fee collection is proposed
to commence on July 1, 1991. Staff recommends Council place ordinance on first reading. (Director of
Public Works) Iqq6/
ORDINANCE 2438 ENACTING A STORM DILMN FEE AND ADDING CHAPTER 3.10 TO
THE CITY CODE (fapst reading)
MSUC (Malcolm/Moore) to continue the public hearing to the meeting of February 26, 1991.
27. PUBLIC HEARING REGARDING SELECTION OF SOLID WASTE FACILITY SITING
PROCEDURE AS REQUIRED BY AB 2296 - Recommended by the San Diego County Integrated Waste
Management Task Force to designate the Board of Supervisors and cities with a majority of the population
for the review and approval process of small material recovery facilities/transfer stations until the new AB
939 Countywide Integrated Waste Management Plan is approve& Staff recommends approval of the
resolutions. (City Manager)
This being the time and place as advertised, the public hearing was declared open.
Victor A. Nolan, 12 Via Barbarini, Chula Vista, California, questioned whether AB 2296 refer to the revision
that San Diego County actually put in new sewer lines, pumps, etc. to alleviate problems of waste disposal.
Mayor Pro Tempore Moore responded that it was the Clean Water Act. AB 2296 is for the sighting of solid
waste facilities (trash).
Ernest LaSalle Robbins, 488 Elm Avenue, Chula Vista, California, expressed his concern over the usage of
disposable diapers which are not biodegradable. He recommended that their sale be prohibited.
There being no further public testimony, the public hearing was declared dosed.
A. RESOLUTION 16035 SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR SITING
SOLID WASTE TRANSFER FACILITIES WHICH RECOVER FOR REUSE OR RECYCLING LESS THAN 15
PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED AND WHICH SERVE ONLY ONE
JURISDICTION
RESOLDTION 16035 AND 16036 OFFERED BY COUNCILMAN MALCOLM, reading of the text was waived,
passed and approved unanimously.
B. RESOLUTION 16036 SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR SITING
SOLID WASTE TRANSFER FACILITIES WHICH RECOVER FOR REUSE OR RECYCLING LESS THAN 15
PERCENT OF THE TOTAL VOLUME OF MATERIAL RECEIVED AND WHICH SERVE MORE THAN ONE
JURISDICTION
Minutes
January 22, 1991
Page 11
28. PUBLIC HEARING ASSESSMENT DISTRICT NO. 90-3 - ~ GBRRNS - PHASE
I - On 12/18/90, Council adopted the resolution of intention to order the acquisition and financing of certain
infrastructure improvements in the Greens and surrounding areas of the EastLake Development pursuant
to the Municipal Act of 1913 and Ordinance 2397, and set a public hearing for 1/22/91. All owners of
property within the proposed assessment district have been mailed a notice of the public hearing including
the proposed assessment of their land. Staff recommends approval of the resolutions. (Director or Public
Works)
This being the time and place as advertised, the public hearing was declared open.
John Lippitt, Director of Public Works, stated this was the protest hearing set by Council on December 18,
1990 in order to hear public comments.
Councilman Malcolm stated when Council approved EastLake Greens, part of the approval process was the
golf course. It was his understanding that the course would be available to the public. Tradeoffs were made
so that the public could use the course. It was his intent that when the Conditional Use Permit was granted
that it include the approval of that document by the City Council. He would now like to see something
worked out with EastLake regarding the usage of the course by the citizens before Council approves the
Assessment District. He recommended that Council not approve anything for EastLake until an agreement
can be reached.
City Attorney Boogaard requested that this item and item #11 be trailed. He had been working with the
developers and felt they were close to an agreement. agreement.
Councilman Rindone felt this was an excellent example of the proposed revamping of the agenda into action
and non-action items.
The item was trailed until later in the meeting.
The public hearing was reconvened.
John Lippitt, Director of Public Works, informed Council that no written protests were received.
There being no public testimony, the public hearing was declared closed.
A. RESOLUTION 16037 ORDERING CERTAIN CHANGES AND MODIFICATION TO THE
ENGINEER'S REPORT IN ASSESSMENT DISTRICE NUMBER 90-3 /qy~q
B. RESOLUTION 16038 CONFIRMING THE ASSESSMENT, ORDERING THE
IMPRO~ MADE, TOGETHF..R WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
'REPORT' FOR ASSESSMENT DISTRICE NO. 90~3
C. RESOLDTION 16039 APPROVING CONTRACTS FOR OWNERSHIP OF UTILITY
IMPROVEMENTS FOR ASSESSMENT DISTRICE NO. 90-3
RESOLUTION 16037, 16038, AND 16039 O/e-FERED BY COUNCILMAN NADER, reading of the text was
waived, approved unanimously.
29. PUBLIC HEARING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
INCLUDING PROPOSED REVISIONS TO THE 1990-91 FINAL STATEMENT AND AN APPHCAI~ON TO THE
Minutes
January 22, 1991
Page 12
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A SECTION 108 LOAN GUARANTEE - On
12/18/90, the City awarded the contract for the Norman Park Senior Center renovation to Davidson
Construction for $2,3 million. At that time, the City directed staff to initiate an application to HUD for a
Section 108 loan guarantee of $750,000. The loan guarantee is needed to fund part of the cost of the
construction. Approval of the loan will take approximately three months. Staff recommends approval of
the resolution, (Director of Community Development) 4/S's vote required
This being the time and place as advertised, the public hearing was declared open.
Chris Salomone, Director of Community Development, stated staff had been directed to apply for a Section
108 loan in conjunction with the Norman Park Senior Center. Staff is requesting that Council revise their
final statement and authorize the application for these funds. Staff recommends the payback period of three
years in order to minimize the impact on the annual Block Grant Capital Improvement Program.
Councilman Rindone felt that staff was recommending the optimum pay back period.
There being no public testimony, the public hearing was declared closed.
Councilman Nader questioned whether this would impact the other Capital Improvement Projects.
Mr. Salomone responded that there would be a minimal impact with the short pay back period. For the
three year pay back period there would be less funds but over all there would be more money available.
RESOLUTION 16040 APPROVING REVISIONS TO THE 1990-91 COMMUNITY
DEVELOPMENT BLOCK GRANT FINAL STATEMENT AND APPROVING SUBMITrAL OF AN APPLICATION
TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A SECTION 108 LOAN
GUARANTEE
RESOLUTION 16040 OFFERED BY MAYOR PRO TEMPORE MOORE, reading of the text was waived, passed
and approved unanimously.
OTHER BUSINESS
30. ORAL COMMUNICATIONS
30a. Carol Freno, 3703 Alta Loma Drive, Bonita, California, representing Crossroad, expressed their
sympathy to the family of Mayor Gayle McCandliss and to the City Council for their loss of a caring
community leader and a dear friend. They had greeted Gayle's candidacy with high hopes for her agenda
for the City. They hoped the decisions made by Council will reflect her viewpoint and her vision for Chula
Vista.
30b. Mike SteineL S38 Berland Way, Chula Vista, California, questioned how the public would submit
names for consideration of the Mayor's vacancy and if individual Councilmembers could be contacted by
citizens. He requested that such information be made available to the public through the local newspapers.
1V[ayor Pro Tempore Moore explained the Charter provision requiring Council to declare the vacancy and the
procedure that must be followed.
Councilman Malcolm informed the public that if a special election was to be held it would be in June of
1991 with the Council operating with four members until that time.
Minutes
January 22, 1991
Page 13
Councilman Rindone encouraged the public to attend the Saturday meeting.
31. ITEMS PUIJ.RD FROM THE CONSENT CALENDAR (Items pulled: 8 and 11) Minutes will reflect
the published agenda order.
32. CITY MANAGER'S REPORT(S)
a. Expressed sympathy to the McCandliss family and the Council on behalf of the City staff.
33. MAYOR'S REPORT(S) - None.
34. COUNCIL COMMENTS
a. Councilman Nader:
Stated he would continue to remember the leadership of Mayor McCandliss and asked for the
prayers of the citizens for the Members of the Council and the City during this difficult time.
b. Councilman Rindone:
Noted the accomplishments of Mayor McCandliss and felt the City of Chula Vista would be a better
City due to her efforts and leadership.
c. Councilman Malcolm:
1. Trash Rates - Felt staff should bring back Laidlaw's commercial, industrial, and residential rates for
review by the Council. The City's rates for commercial and industrial are twice as high as the City of San
Diego's and felt they needed to be reviewed. /q~6 8
MSUC (Malcolm/Nader) to direct staff to bring back, when appropriate, Laidlaw's commercial, industrial,
and residential rates for Council review. Survey should include comparison of rates throughout the County,
City's current rates, and the increases over the last few years.
Councilman Nader felt this was appropriate as the Council had an obligation to see that the rates being
charged to the public were justified.
Mayor Pro Tempore Moore felt that the review should go back for the last five years.
2. Rohr Park Trees - He has requested staff, through the Mayor, to postpone the removal of the trees
until answers are available regarding costs, state grants, and the signed contract with the contractor. Staff
is trying to have a win/win situation of being able to save the City $500,000, save the trees, and getting the
ball fields built for the kids. Their intention is to see if a compromise can be worked out. Unless there are
objections, that direction will continue on. It is estimated that three weeks would be needed for review.
MS CMalcolm/Nader) to direct staff Ixy to work it out with a report back to Council in three weeks.
Mayor Pro Tempore Moore questioned what would happen to the construction contract for the three weeks.
Minutes
January 22, 1991
Page 14
Councilman Malcolm replied that staff would be working with the contractor toward a compromise. There
would be the need for a change order and there could be penalties. He had informed the Mayor and City
Manager that if the contractor could be put off, without a major burden to the City, it would be delayed,
if not, Council is to be immediately notified.
Mayor Pro Tempore Moore stated he went along with that due to the provision of immediate notification
to the Council.
Councilman Malcolm responded that he and staff had met today with the designer and an agreement was
made that it could be done in three weeks with all the answers available at that time. He stated the citizens
had been very open and he had informed them that if the City would lose their grant that the project would
revert to the original plan and the citizens involved agreed.
Jess Valenzuela, Director of Parks and Recreation, stated the contract is for $1.4 million with contingencies
included. He did not have a breakdown of the percentage for the removal of the trees. Most of the contract
has to do with the soil and grading. Nothing can be done until this issue is resolved.
Councilman Malcolm responded that the City Attorney had informed him that the cost, even if the contract
was canceled, would be that portion that he would lose in profit. Staff is working with them, and if it is
a major fee, staff will report back to Council as they will know by Thursday.
City Manager Goss stated that if there was any problem with the state grant, contractor or any other element
of the contract that has been awarded, they will communicate this to Council on Thursday.
VOTE ON MOTION: approved unanimously.
David Smith, 334 Camino Elevado, Bonita, California, stated he appreciated all the work that was being done
to accommodate them. The citizens involved suggested that the group of people that had become the point
group on this become a steering committee for the group that wants to save the hill and that they
communicate back and forth with staff during the three week so that at the end of the three week period
there is a happy ending.
Councilman Malcolm stated it had been his intent to get together every week and make sure that Mr. Smith
is updated as to where the City is at with the problems because some of these problems may have to be
solved by his group. If it's not worked on together, it might not happen.
Mayor Pro Tempore Moore felt it important that the rest of the community's interests, those not involved,
be protected.
3. Mayor McCandliss' Memorial - All Mayors and Councilmembers have been contacted regarding the
purchase of a tree in order to establish a living memorial. The family should be contacted in order to obtain
their input regarding location. /~/~7C)
MSUC (Malcolm/Moore) to direct staff to implement the memorial and bring back a report to the Council
as soon as possible.
Councilman Moore felt the appropriation for the plaque should be from the Council contingency fund. The
Mayor and Council of Imperial Beach has also donated a tree.
4. Informed the public that a memorial service would be held for Gayle McCandliss on Thursday,
January 24, 1991 at 1:30 p.m. at the Church of Jesus Christ of Latter-day Saints.
Minutes
January 22, 1991
Page 15
5. Was saddened to learn of a partial walk-out and flag burning at Hilltop Junior High School. He felt
strongly that the direction the country was going in was correct and everyone should wear their yellow
ribbons in support. He thought it was a lack of discipline and proper educational practices to allow that
to happen and he was disappointed in the school and the students.
35. BOARD AND COMMISSION RECOMMENDATIONS
Parks and Recreation Commission Recommendation: Regarding Fourth and Orange Avenue Park/Library
Site I'~p/
City Manager Goss did not feel there was any particular recommendation being presented and this
communication was informational. The Parks and Recreation Commission was in support of the application
of the library grant to the state. He felt their points were valid and should be considered.
MSUC (Moore/Nader) refer to staff for written report to Council, primary concern not the resuictions of the
grant as Council fully understands those.
ADJOURNMENT
The City Council/Redevelopment Agency met in a closed session at 8:20 p.m. to discuss:
Potential acquisition of property pursuant to Government Code Section 54956.9 - 341 Orange
Avenue; Missionary Church of Chula Vista, owner. (City Council).
Potential acquisition of property pursuant to Government Code Section 54956.9 - 4705 Otay Valley
Road (Jimmie and Judi Shinohara, owners). (Redevelopment Agency)
ADJOURNMENT AT 8:49 P.M. to an Adjourned Regular City Council Meeting (Council Conference) on
January 24, 1991 at 4:00 p.m. in the City Council Conference Room.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC, City Clerk
Vi~l~i C. Soderq~st, Deputy ~ Clerk